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HomeMy WebLinkAboutAGMT - Sialic Contractors Corp DBA Shawnan (Arterial Street Resurfacing Project CIP ST2103)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 1111111111111111111111111111111111111111111111111111111111 I 111 III NO FEE *$ R 0 0 1 3 2 5 8 1 9 4$* 2021000637117 8:44 am 10119121 63 RW11A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 Space of above this line for Recorder's use. -EIVED **" No Recording Fee Pursuant to Government Code Section 6103, a 11 __ NOTICE OF -COMPLETION CITY CLF -��m�®F SEAL ���c�. Notice pursuant to Civil Code Section 9204, must be filed within 15 days afterWd�t tion. 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 July 22, 2021. The work was FY2020-2021 Arterial Street Resurfacing Program, CIP No. ST2103. 6. The name of the contractor(s), if any, for such improvement was: Sialic Contractors Corporation dba Shawnan. The date of the Contract Award was April 12, 2021. 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: Marina Drive. Date: Steve Ill rter, P.E , f)irector of Public Works 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 foregoing notice of completion; have read said notice of completion and know the contents thereof, the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on /Z91-1/ `9-4 7—/ , 2021, at Seal Beach, California. (Date of Signature) Ste"veUyrter, P.�., Director of Public Works City of Seal Beach PUBLIC WORKS AGREEMENT ARTERIAL.STREET. RESURFACING PROJECT (MARINA DRIVE) PROJECT CIP NO. ST2103 between JF SEAL B �i`�pPartglF Fq�y. Q, F�efR zi:�e.P�\�o TY, City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Sialic Contractors Corporation dba Shawnan 12240 Woodruff Avenue Downey, CA 90241 (562) 803-9977 THIS CONTRACT ("Contract") is made as of April 12, 2021, by and between the City of Seal Beach, a California charter city ("City"), and Sialic Contractors Corporation dba Shawnan, a California corporation, ("Contractor'). RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the FY2020-2021 Arterial Street Resurfacing Project (Marina Drive), CIP No', ST2103 ("Project") with respect to design criteria; and B. WHEREAS, Contractor has submitted a Bid to City for the Project dated March 30, 2021 in the amount of $505,882 ("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 (Exhibit H), 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 April 12, 2021 (the "Effective Date"), and shall reimaih 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$505,882, 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 servicesused 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, withoutlimitation, a City of Seal Beach business license as required bythe 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 Contractors 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 everykind 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, expensesand 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 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 Generali 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. 6.3 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 imit 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 agentsserving 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 separatelyto 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 is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services doesinot 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: Sialic Contractors Corporation dba Shawnan 12240 Woodruff Ave Downey, CA 90241 Telephone: (562) 803-9977 Attn: Shawn A Smith, President 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 anyone 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. Prevailina Wages. The City and.the Contractor acknowledge thatlthe 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 CONTRACT R: By` By: ) ✓ l R. Ingram, City Ma ' m CO NaNae: Shawn Smith Atte c �qa® itle: PMKI"t B lo.a D: H er, Cil 5� Q By: J Approved to r tiG�jy \�OQ� Nam : A Title: By (Please note, two signatures required for 'Craig Steele, City Attorney corporations pursuant to California Corporations Code Section 313. j CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENiT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Los Angeles } On MR 15 2021 before me, M.Avila-Ramos, Notary Public ere insert name and title of the officer personally appeared Shawn A. Smith &John A. Smith and nobody else who proved to me on the basis of satisfactory evidence to be the person(D whose nam s are subscribed to the within instrument and acknowledged to me that'. he executed the same in- authorized capacit les , and that by heir signature@ on the instrument the persons , 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. RAMOS WITNESS my hand and official seal. m M.COMM M...AVILA33981 OTAW 88.2 CCF0F 0 PpTARVPUBLIGCAtlFORWA 1 My LOSANGEIESCO Te9024. W rm Ems.Dec.9,2024 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION fNSTRIXTIONS FOR COMPLETfNG THIS FORM This form complies with cun'em California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT (needed,should be completed and attached to the docament Acknowledgments from other statesmay be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notap, lax. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary publicfor acknowledgment. • Date of nolama5on must be the date that the signers)personally appeared which (Title a description of attached document confnued) must also be the same date the acknowledgment is completed. • The notary public must print his or her time as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the camels) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicatethecorrect singular or plural forms by crossing off incorrect forms(i.e. Wshettgey,is lare)or circling the correct fortes.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection ofdocument recording. ❑ Corporate,Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. 71 Partner(S) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number of pages and date. ElIndicate the capacity claimed-by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO;Secretary). 2015 Version www.NotaryClasses.eom 800-873-5865 Securelyattach this document to the signed document with t a staple. EXHIBIT A FAITHFUL PERFORMANCE BOND i Bond No. K40144705 PERFORMANCE BOND KNOW ALL PERSONS BY THESEPRESENTS that: WHEREAS the City of Seal Beach ("City"), has,awarded to Sialic Contractors Corporation dba Shaman 12240 Wood ruff.Avenue, Downev.•'CA 90241 ("Principal") (Name-and'address.of Contractor) a contract (the "Contract")for the Work described as follows: FY2020-2021 Arterial Street Resurfacing Project (Marina Drive), CIP NO. ST2103 (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 Federal Insurance Company 2028 Halls Mill Road, Whitehouse Station, NJ 08889 (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 Five hundred five thousand eight hundred eighty two and 00/100 Dollars ($ .505882.00 ), 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 land void; otherwise, it shall be and remain in full force and effect. As a part of<the obligation secured hereby and imaddition 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 2$49. The City is the principal beneficiary of this Bond and has all rights of a party hereto. 12 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: April 15, 2021 "Principal" "Surety" Sialic Contractors Corporation dba Shawnan Federal Insurance Company By: By: V� C Its $ $RdM', w Its D&glas A. Rap 0, Attorney in Fact By: By. _ Its its (Seal) (Seal) Note CTnis Bond must be executed in duplicate and dated, all signatures must be notarized, and'evidence of the authonty,of any person signing as attorneyin-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 authorizedito transact business in the State where the'project is located. 13 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 April 15, 2021 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(.&) whose name* is/are subscribed to the within instrument-and. to me that he/9he4" executed the same in his/4es4�e4 authorized capacity(ies);and that by his''herr,4,eir signature(* on the instrument the person(e), or the entity upon behalf of which the person(e) 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. "E, OEBRASWANSON COMM. #,2335630 ;U NOTARYPUBLIGCALIFORNIA� ORANGE COUNTY Ca MIYCOMM.EXP.'MOV10,2024 Signature � �>,ro,- w`��Ikih (Seal) CHUBB' Power of Attorney Federal insurance Company I Vigilant[nsurance Company I Pacific Indemnity Company Westchester Fire Insurance.Company I ACE American Insurance Company Know All by These Presents that FEDERAL INS PRANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,W ESTCHESfER FIRE INSURANCE COMPANY and'ACE AMERICAN INSURANCE COMPANY corporationti of the Commonwealth of Pennsylvania, doeachhembyconstilu(expd appoint Douglas A.'Rapp and Timothy D.Rapp of Ladera Ranch,California --------- -- ------ ---------. ---------- each as their true and lawfulAttorney-in-Fact to execute.under sucli designation in their names and to affix their corporate seals to and deliver for and on their behalfas surety thereon _.. _ _. - or otherwise:bonds and undertakings and'other wntings obligatory m the nature thereof(other than hail fronds)given or executed in the course of business,and any instruments amending or alteringthe same;and covsents to the modification or alteration of any instrument refereed to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT, NSURANCE COMPANY;PACIFIC INDEMNITY COMPANY,WESTCHESPER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and almond their oorfx ratc seals on this Sia day of April,2021. 'l�C�ti'r.-l^61. C�S�-CiQA.� '7`.',�-�P-`� N:f ''-✓ st f Riven�\I.Cti h h'cz:.!\a islanl(�wx'rccrr}' �tcPhcn?I.Haney.\5a'I'll>i�[dpm�1� STATE OF NF.W JERSEY County oflluvterdon. SS On[his S's day cf April;2021 before me,a Notary Public of New Jersey,personally came Dawn M Cl fo ns and Stephen M.Raney,to me known to be�Assistant Secretary and Vice President,respectively,ofPEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,W ESTCIIENFER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY the companies which executed the foregoing Power of Attorney,and the Said Dawn M.Cisterns and Stephen M.Haney,being byres duly sworn, severally.and each for herself and hi nself dicidepose and say lhal,they are Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof,that the seals affixed to the foregoing Powerof Attorney ate such corporate seals Sand were thereto affixed by authority of said Companies;and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal 'a .ABy' RYPLABINEO NEW NOTARY PUBLIC OF NEW JERSEY z No:2316686 PUBLIC Commlea'ior:Eegree JuN 16,202G enrary PUNk J as� CERTIFICATION .Resolutions adopted by the Boards of on echo g of FEDERAL INSURANCE.COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016; WESTCEFSTFR FIRE.I NSURANCE COMPANY on December 11,2000;and AC F.AMERICAN INSURANCE COMPANY.an March 20,2009: "RESOLVED,that the fallmvrig authorbmWna total,to the me..Bud.broad"onhehelfof the Cm,ne,,ofb.nd,,und,Hikmgs, the,vandmo commitments of the Company entered Intno the indinary,mors,ofbusiness(ead a"Written Comniitmeni'): (1) Such of he Chairman the President andthe Vice=Prssams of the ComVanyie Incebyauthorlaed m execute any Written Comnnliment,for and on behalfofthe Company,under the spot of t1m Compmy or otherwise (2) Each honebmatheroad w execute awW,jtteii Commitment for and on Handfof the Company,andertheseal oftbe Comparyoroup,mes, mibae.aunumpnllooanYlonlsnolmnzedbythegoantofpoweis por,ldodfor Gond, prod x inar.,poirt-entas suhh attorney-la-unt. (3) Each of the Chairman,the Presidia and the Vice,Proadeutslof the Company is hembyauthorizei,for and oil behalfafthe Company,toappoint in writing any person the nature,in. fen of Our Company wilt frill power and mithoriyi t farand on hehalfefihp company.Under'.the spa]oftheCompanyoridderwlse.siih Writer Commitments ofthe.Company is may Be speclfed In such written appointment,wh h sPecitiestion`muy be by general Mie or.doss at Written Compliments or by specification of l one or more particular Written Commitments. "- (4) Each of the Chaparillinh.Rte President and the Vire grassland, of me C.olimll is hereby anthanaed.fur and can behalf of the Curµary to delegate in willing to any other oil ger ufthe C Pa yth ch ty[ ad tl behalf ty tilecompany,class of oder the Corning, d -t i eon more fommularori ionaftheConCompany as are specified in such written delega[ortivhirhspecIcatlomm�y he by generaL[ypeor class of written Commitments or hyspecificationfoneormorepar[Ieular4Vrlten Cmnmlinten[s. (5) The signature of a.,uffi,,or otherPpron.exenhing any Written Commitment of nppuriment o r delegation puronou to 0a Re..lutwtand the seal ofine Company;may be affixed by finclumile on such Written Commitment owritten appointment or delegation. FURTHER RESOLVED;Ihet rhe foregoingResolution shall toot be'deemed to be onexclslve snatenientofthe powers and adflunty of officers,employeesatdotl F,prop,rs to au[or and on behalf fine Company,and such Resolution shall not limit or othar den effect the exercise of any such Power or uutlioety chemise validly granted or versed' f Dawn M.Chorus Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY.PACIFIC INDEMNITY COMPANY,Vall HESTER FIRE INSURANCE - _ COMPANYand ACE AMERICAN INSURANCE.COMPANY(the"Compav@s")do hereby certify that (i) the forego ing Resolutions adopted by the Board of Directors oflhe Companies aretrue,correct and in full force and effect, (it) the foregoing Nowerbl'Attorney is true,correct and in full force and effect, Given under my hand and seals of said Companies at Whitehouse Station.NJ,this April 15, 2021. '*+••^ _ "•`e" ItPAIt ?I.Chir n'u.-.\w-'.t:ml 4crccn}J - ;IN THEEVENTY0UW9SH TO VERIFY TIE AUTHENTICITY OpTHIS BOND 0R NOTIFY US OF ANY OTHER MATTER,PHRASE CONTACT US AT: Tele hone UlWo 903-3493 Fax cm( 903-3 SG e-maik onFlytiachubb,old Combined:FED EVIG-FhWFIC-ANC(o v_11-10) CALIFORNIA ALL- PURPOSE it 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 Los Angeles On OR 1 5 2021 before me, M. Avila-Ramos, Notary Public (Here in,ini riirr,e are rill.St to. ftroeri personally appeared Shawn A. Smith and nobody else who proved to me on the basis of satisfactory evidence to be the personXwhose name is subscribed to the within instrument and acknowledged to me that; ( he sh6oey executed the same in(his authorized capacity(ieg), and that by (LisyhefAhejf signatureXon the instrument the person>r or the entity upon behalf of which the personXacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California�that the foregoing paragraph is truerand correct. WITNESS my hand and official seal. M.AVIL ik-RAMOS I COMM...2339818 (D LOSANGELESOOUNTY EO NOTAW K C-CAUPOMIA Q!kTerME)T.D9;!9,M4j Notary Public Signature (Notary Public Seal) INSTRUCTIONS FOR COMPLETING TS FORM ADDITIONAL OPTIONAL INFORMATION 11,iji,,,,, coioijilies�i-itli ciiiieniCalZfOI721UVfJINIeS?eg�ldi,!gnoi,,)-m�,d..g and, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,should he completed andurnached to the dopa ea.Ackbiouledtitne'ra fi ant adner states inay he coutphinedfor docantene,heing seat to ahat store so long as rhe ivording does non require the Cah/rnnia,union to vioinue California nouni, ho". (Title or description of attached document) , Slate and County intoHnation most be the State and County where the document signtr(s)personally appeared before the notary public for acknowiciferunt . Date ofirotmi;ealion must be the date that the Signia(S)personally appeared which (Title or description of attached dominant continued) must also be the same date the ackriowledruncia is completed - -11ne notary public_must print his or her name as it appears within his or her Number of Pages—Document Date corrou,sion fall.wed by a comma and then your title(notairs,public) . print the mano(s) of document iairicifs) who pers.H.Ilycappea,at the lime of n0teri7ratuln. i I CAPACITY CLAIMED BY THE SIGNER - Indicate the correct singular or plural franns,by Crossing off incorrect forras It c hcfshc/ftey,is/ere)arcircling the correct forms.Failure to correctly indicate this 0 Individual (s) information may lead to lefWaut tu'doCUMCHt recording. I 0 Corporate Officer - are now, seal impression must be clear and photographically Hpaidurible. Impression must not cover text or lines, 11'seal impression smudges,re-seal if (Title) s ufficiern area perpermits,otherwisecomplete a different acknowledgment fam Signature of the notary public must match the signature on file Will the office of 0 Partner(s) the county clerk. 0 Attorney-in-Fact Additional inforaration is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or muiched to a different document. Indicate title or t)pe of intached document,nunither.uff pages and dale. C] Indicate Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i c CEO CFO,1Secretory) -01 V_--_tan wvew' l y C ass e F. J-87 1- i] Securely attach this document to the signed document with I a staple, EXHIBIT B PAYMENT BOND 14 Bond No. K40144705 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 Sialic Contractors Corporation,dba.Shawnan 12240 Woodruff'Avenue, Downey, CA 90241 ("Principal") (Name and address of Contractor) a contract (the"'Contract")for the Work described as follows: FY2020-2021 Arterial Street Resurfacing Project (Marina Drive), CIP NO. ST2103 (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 Federal Insurance Company 2028 Halls Mill Road, Whitehouse Station, NJ 08889 (Name and address of Surety) ("Surety') a dulyadmitted.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 Five hundred five thousand eight hundred eighty two and 00/100 Dollars($ 505 882.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemploymentlnsurance.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 iobligation shall become null and void; otherwise, it shall be and remain in full force and effect. 15 The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contractor the'Specificatiohs accompanying the same shall in any manneraffectits 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: April 15, 2021 "Principal" "Surety' Sialic Contractors CorDOratign dba Shawnan Federal Insurance Company By: By: Its h n A Sn M, Presigent Its Pyu.glas A. Rapp, Attorney in Fact By: By: Its Its (Seal) (Seal) Note: This Bond.must be executed.!in duplicate and dated, a//signatures must be notarized, and evidence ofthe authority of any persow, ignmg: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. 16 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 April 15, 2021 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis`of satisfactory evidence to,be the person(s.) whose name* is/are subscribed to the within instrument and acknowledged to me that he/9FiefNaey"executed the same in his/4@4keif authorized capacity(ies), and that by his,'Hoh4heif signature* on the instrument the person(sj, or the entity upon behalf of which the personO 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. a Y,E DE..ASwAIJSON COMM. '123' 2335630 �.. . a NOTARY P U BL I C CALIFORNIA N Y ORANGE COUNTY COMM,EXP.NCV 10,2924 Signature L a QY� Q�.. .x. �� (Seal) (Z:'H U B B' Power of Attorney Federal Insurance Company I Vigilant Insurance Company,I'Pacific'Indemnity Company Westchester.Fire Insurance Company I ACE American.Insurance Company Know Allby These Presents,that FEDERAL'INS URANCE COMPANY,an Indiana corporatiogVIGILANT:INSURANCE COMPANY,a New York corporation,PACIFIC INDEMNITY' COMPANY;a Wisconsm cirporatlon,W ESTCHESTER FIRE INSURANCE COMPANY and ACEAMERICAN INSURANCE COMPANY corporations of the Commonwealth ufPennsylvamla, do each herebyconstftute andappomt Douglas A.Rapp and Timothy D.Rapp of i-adera Ranch,California ——--------— - each as their true and lawful Attorney-lo-Fact to execute wider such designation in their names and to affix their corporate seals to and deliver for and on their behaftas surely thereon or otherwise;bonds said undertakings and other writings obligatory in the nature thereof(other than hail bonds)given or executed in the course of business,and any instruments amending or altering the same;and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Wdness Whereof,sad FEDERAL INSURANCE COMPANY;VIGILANT.INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this Sus day of April,2021. �CAa � 1 sl. C'9tit.�8� A—t�p_-''t llah;n )LClibmn:\s<iscml k.erecuT "Stephen W Itancv.Vic,Ply<Md vo r"^S•S i son, f. �w "STATE OF NEW JERSEY_ County oflluuterdon SS Oil this 5is day of April,2021 before me,allotary Public of New jersey;personally came Dawn M.Chloros arid Stephen M.Haney,to me known to be'Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WEST CHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY,the companies which executed the Foregoing Power of Attorney,and the said Dawn M.Clak res and Stephen M.Ganey,being by.duly sworn, "severally and each for herseff.and,himselfdid deposeand say that they:are Assistant'.Secretary and Vire President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT' INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESICHFSTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE.COMPANY and know the corporate seals thereof;that the seals affixed to the foregoing Yowerof Attorney are such corporate seals and were thereto alRxed by authority of said Companies;and that their signatures as such odirers were duly affixed and i n iscritied by like authority. Notarial Seal G NOTARY PUBLIC 16 NEW JERSEY No:2Jt8898 ('.QaamIIOn Expire.Judy 16,3026 han'PUlJia CERTIFICATION Resolutions adopted by the Boards oLDlreotnrs of FEDERAL INSURANCE COMPANY,VIGR ANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY or August 30,2016; WESTCHESI ER FIRE I NSURANCE COMPANY on Dera mfier 11,2006;and ACF:AMERICAN INSURANCE COMPANY inn March 20,2009: "RESOLVED that the following authorizetlons relate to the a ecusion,grand oa behalfof the Company,ofhends,undertakings remgvzences eon caro and other.,Inc.o.em tumas ratio Company entered let.in me modam,,mirwmlowitisv(ach a"Wrltieit Comnkii (1) Each of the.Chairman,the President and the Vice Presidents of the Company E herebyauthorized to execute any Written Commitment for and on hehalf ofthe Compa by,a oder the seal of the Company or otherwise. tL) Each dulyeppolnted rumney-infairor La Company is hereby authorized to execute any Written Commit bent for and on Trial f of die Company.under the seal of the Company or othenv6e. to rite estimation such octlon is authorized by rhe yrs at of powers provided for In such person's written appointment as such attorney-In-tact. (3) Each of due Charman,the Presldenl and the VID,:Pri ru oftire Cmmr,is herebyauthoried:for and on behalfoftheCormany,toappointin writing any person the attorney-in fart of the Conon,with full power indninhnrlD euw To motion holufath,cmisper,,under the deal ofthe[ompanyarmherwise.Such Written Commitmentsoftm Cpmpany s may be Specifiedin such written appolmonmCwhich p II®tma-may be by mr-ml tyf a or class oL Written Commitments or by specification oft one or more particular Written Containments, (4) Earh of the Chairman, the'Presldenl and the Vkcri,-$hvoo,or the Cmmsm,is hereby anihorlzed.ec,and en behnfofDie CumVeny,I.delegate in wniing fno mwwher officer nine, Lompa ymesathmtyto execute fora donbehalf of the.Company,under me rcourm"a seal or eflumai nch Written Corona...cns bid,Company.,are speared In...bwritten dlegatirn.whirbapedfic.tlm may be by general type or doss of Written Cmmtmeats it,b,,riaificani item or more partlaelir Wfludo Commitments. (5) The signature of anyptfcer or other person executing my Written commitment or impointiment or delegation paneant to this Reeohnbn,and the seal ofthe Company may be affixed by musicale on such Written Comminnent or written appointment or delegation FHRTHERRE9OLVED:thaL[he foregoing.Rewdeti ,shall inal betwenaccitubearrox,b. estetemenlOfthepowersanda tl orityof offcen.employenand ori crperm is[o as forandoubehelfof the Comparyandsch Peolution`shll not l imit oroth iso aftact thea seofiay such power or authority therwise`validly g rented or vested," 1,Dawn M:Chloros,Assistant Secretary,of FEDERAL INSURANCE COMPANY,VIGILAN T INSURANCE COMPANT.PACIFIC INDEMNITY COMPANY,WESTCHES'CER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the'Compaules")do hereby certify that (i). the foregoing Resolutions adopted by the Board ofUfrectors ofthe Companies are true,correct and in full force and effect, (if) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,N),lois April 15,2021 - w jrcrU:n}v -IN THE EVENT YOII WISH TO VERIFY THE AUTHENTICITY OF-THIS BOND OR NOTIFY US OF ANY O THER MATTER.PLEASE CONTACT US AT: Tele hilae 9Un 9U3.3x93 Pax 9ca 903-3656 mail:surer Cmchnbbaom Combined:FED-VIGPI VJFIC ANC(rev;11-19) I 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 Los Angeles On APR 15 2821 before me, M. Avila-Ramos, Notary Public (Here rnsen 05,0e and late 81 thea rcau personally appeared Shawn A. Smith and nobody else who proved to me on the basis of satisfactory evidence to be the personX whose nameis subscribed to the within,instrument and acknowledged to me that (De sheAhey executed the same inSauthorized capacity(jei5), and that by (his 4-t�„t„ei;-signatureXon the instrument the personJ�, or the entity upon behalf of which the personj2acted, 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. M.AVILA-RAMOS COMM..2339818 0 NOTARYPURX-CAUFORI&-4 LOSANGELESIDOUNTY W Notary Public Signature (Notary Public Seal) MY TerM EX0.1311C:9,2024 i INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION 7biaa.aj.afphc,ariah ifadingand, DESCRIPTION OF THE ATTACHED DOCUMENT ifaeeded should be comphe red bar]attached to the daernoem.Acknordedgmena; fi am all states triary he coripletedfor docurnents het kg sent as that state so long as she aadmg doesno,require the Cah/iOni,now,-1.statute CedybOna notary larao. (Tille or descriptor of attached document) . State and Counts intonation must be the State and County where the document signers)personativ appeared before the notary public for acknowledgment. . Date of notarization most be the date that the sinmer(s)personally appeared which (Title or description of attached document continued) most also be the same date the acknowledgment is completed. , The notary public must print his or her name as it rartrears; within his or her Number of Pages—Document Date commission followed by comma and men your title(notary public). . Print the name(s) of document signers) who personallyjappaor at the time of notari,,rition, 1. CAPACITY CLAIMED BY THE SIGNER - Indicate the correct singular Or Plum[ forms 10 crossing off incorrect forms (t.c 0 Individual (s) Ine/shar/hey,is hee)or circling the correct force,Failure to correctly indicate this information mro,lead to rejection ofdocurfactit recording EJ Corporate Officer . nic notary I seal impression must be clear and photographically reproducible. Impression must not cover text of lines It'seal impression smudges,re-scat if (Title) sufficient area permits,otherwise complete a different acknowledgment form 0 Partner(s) . Snerature ofthe notary public must match the Signature on file ,rh the officeof the county clerk. 0 Attorney-in-Fact Additional mtommumn is not required but could help W More this [] Trustee(s) ackmowledment is not misused o,rumched to a dit-Tenon dee,ament. E:] Indicate r indicate title or ape of attached docruncra,number,of pages and date. Indicate the capacity claimed by the signer, 11'the claimed capacity is a corporate officer,indicate the title f CEO,CI:0:'Sccrrtary) 2015 Vei sion ClaSecurely attach this document to the signed document with a staple, EXHIBIT C WORKER'S COMPENSATION INSURANCE`.CERTIFICATE 17 WORKERS' COMPENSATION CERTIFICATE OF INSURANCE WHEREAS,the City of Seal Beach ("City") has required certain insurance to be provided by: Sialic',Contractors Corporation dbaShawnan NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued therpolicy"ocpolicies 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 Nall 211 81'Street Seal Beach, California 90740 The insureds under suchpolicy or climes are: Sialic'Contractors Corporariosdba Shawnan 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 Expiration Date 1000004373 10/01/2020 10/01/2021 By: IWAA&horizedRep sentative 18 EXHIBIT D-1 ADDITIONAL'INSURED-ENDORSEMENT COMMERCIAL GENERAL LIABILITY (INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY) 59 ADDITIONAL INSURED"ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Sialic Contractors Corporation dba Shawnan Name;and:'addressof named insured("Named lnsured': Starr Indemnity&Liability care oPOrion Risk Management 1800 Quail Street Newport Beach CA 92660 Name and,address,of insurance company(p''Company'): - GeneralWescription:of agreement(s);;permit(s), license(s), and/or activity(fes)insured.' Notwithstanding,anyinconsistent statement in the policy to which,this endorsement is attached (the "Policy")orin any endorsement now or Hereafter attached thereto, it is agreed as follows: 1. 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 relation to those activities described generally above. withfregard'to;operabons.performed by or on�behalf'of the Named Insured. The Additional linsureds have no liability for the--paymentofany 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 witli the insurance.coverages provided byth6.Policy. 3. .Each insurance coverage under the-Policy .shall apply separately to each Additional Insured against whom claim is made•orsuit is"brought except with respect to the limits of the. Company's liability: 4. Nothing in'this contractrof Insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured undenthe policy. All such claims shall be, covered as thirdparty claims, i.e.,,in the'same manner as,if separate policies had been issued to each; insured. Nothing containedin this-provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded bythe`,Policy, for contractual liability insurance (subject to the terms,. conditions and exclusions applipafile.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 withthe written agreement(s)or permit(s)designated above, between the Named Insured and the fAddifional'Insureds. 6.. The.policyto which this-endorsement is-attached'shall not be subject to cancellation; change In coverage,reduction ofiimits:,(except+as the cresult,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 drafted4ill cwntinue4n.fulf,force,and effect unfit compliance with this notice;,req u i rem e n t. 7. Company hereby waives all rightssof subrogation and contribution against the Additional Insureds, while,acting within-the,scope of their duties, from all claims, losses and liabilities arising fout oh or 20. 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 agreedthat the laws of the State of California shall apply to and govern the validity, construction, interpretation,and enforcement of this contract of insurance. 9. This endorsement and all;notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 8' Street Seal Beach; CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to`waive, alter or extend any of the limits, agreements; or exclusions of the policy to which this,endorsement is attached. TYPE OF,COVERAGES`TO MICH THIS POLICY PERIOD LIMITS OF ENDORSEMENT ATTACHES FROM(10 LIABILITY Commercial General Liability 10/01/2020-10/01/2021 1,000,000 per occurence 2,000,000 Aggregate 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Contractual Liability ❑ Explosion Hazard ❑ 'Owners/Landlords/Tenants ❑ Collapse;Hazard ❑ Manufacturers/Contractors ❑ Underground Property Damage X Products/Completed Operations ❑ Pollution Liability ❑ Broad Form Property Damage ❑ Liquor Liability ❑ Extended Bodily Injury ❑ ❑ Broad Form Comprehensive ❑ N General Liability Endorsement ❑ 12..A 0(deductible or,❑:self-insured retention (check:one) of$ 50,000' applies to all coverage(s) except: .none if none, so state). The deductible is applicable ❑aper claim orb per occurrence (check one). 13. This is an X occurrence or claims made policy(check.one). 14,Thisendorsement is effective on 4/21/2021 at 12:01 a.m. and forms a part of Policy Number 1000025824201 '.I, Gina Gtadillas . (print name), hereby declare under penalty of perjury under the laws ofithe State of California, that I have the authority to tiind'tne Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed O */ ) 20 GLI s Sig6ature of Authorized Representative 21 EXHIBIT.D=2 ADDITIONALiNSURED`ENDORSEMENT AUTOMOBILE LIABILITY (INSERT INSURANCE,CERTIFICATE SHOWING AUTOMOBILE LIABILITY) 23 ADDITIONAL;INSURED'ENDORSEMENT AUTOMOBILE LIABILITY Sialic Contractors Corporation dba Shawnan Name:and address`ofnamedinsured("Named Insured"): .Starr Indemnity &Liability care of Orion Risk Management 1800 Quail Street Newport Beach CA 92660 Name,and;address of insurance,company;("Company')? General description of agreement(s), permit(s), license(s), and/or activity(ies)insured: .Notwithstanding any:inconsistent statement in theipolicyto+which.this endorsement is attached (the'Policy")or in any endorsement,nowor hereafter attached thereto, it agreed as follows: 1. 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 relation,to'.those activities described generally aoove,mith.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 I shall be primary,Jnsurance, andno other insurance maintained-byrthe 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'orsuit'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 claimslshall be covered:as third-,party claims, Le., in the.same,manner as if separate policies had been issued to each insured, Nothing contained in this provision_shall operate to increaseor replicate theCompany'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-anis'.exclusions'applicable to:such insurance) includes;liability assumed by the Named Insuredicunderithe indemnification and/or hold harmless,provision(s)�contained or executed in conjunction ,with, the written agreement(s) or permit(s) designated above, between the Named Insuredland the Additional lnsureds. 6: The policy to which this-endorsement is attached shall.not be subject to cancellation: change;in coverage; reduction,of limits (except asthe;result oLthe payment of claims), or nori-renewal exceptatter written notice to City, by'certified mail,-return,receipt requested, not less than thirty(30) Days before1heie'ffective,date thereto. Intheevent of"Company's failure to comply withJhis notice provision, the policy: as' initially, drafted will continue in full force and .effect until compliance with this notice ,requirement.'. 7. Company hereby waives4l rightssof;subrogation and contribution againstthe:Additional Insureds; while acting within the scope of their,duties.from all,claims, losses and liabilitiesarising out,of ,or, mcident(torthePerils-insured-against in relation to those .actiJities described generally above with regard'loroperationstperformed:by or,onbehM of the Named,lnsured regardless of any prior, concurrent, or su6sequentactive or passive,negligencetby the Additionafinsureds. 24 8. It is hereby agreed that the laws of theStateof California shall apply to and govern the validity,construction,interpretation, and enforcement of this contract ofinsurance. 9. This endorsement and all notices given hereunder shall be sent to City at: CityVanager City of Seal Beach City Hall 211 8' Street Seal Beach, CA 90740 10. Except as stated above and.not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement.is attached. TYPE OF'COVERAGES:TO WHICH THIS POLICY PERIOD LIMITS OF ENDORSEMENT ATTACHES FROMITO LIABILITY Business Auto 10/01/2020-.10/01/2021 $1,000,000 CSL 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes, X ,Any Automobiles ❑ Truckers Coverage ❑ All Owned Automobiles ❑ Motor Carrier Act ❑ Non-owned,Automobiles ❑ Bus Regulatory Reform Act ❑ Hired Automobiles ❑ Public Livery Coverage ❑ Scheduled Automobiles ❑ ❑ Garage.Coverage ❑ 12. A❑deductible of❑self-insuredretention(check one) of$_10,000 applies to all coyerage(s),except: none (if none, so state). The deductible is applicable ❑ per claim or X per occurrence (check one). 13. This is an Noccurrence"or-❑claims made.policy(checkone). 14. This endorsement is effective on 4/21/2021 at 12:01 a.m. and forms a part of Policy Number 1000198708201 1 GinaGradiltas (print:name)!hereby declare under penalty of perjury under the laws of the State of California; that I have the;authority to bind the Company to this endorsement and that by my execution hereof; I do so bind the Company. Executed.A✓! 20y1L Sig Lure of Authorized Represent ,/ (Original signature only; no facsimile signature Telephone No.: ( :3G�J CU7 7 or initialed signature accepted) 25 EXHIBIT E i ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS 26 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code§ 7028.15] [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 ofithe 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,thian 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 thelaggregate 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 asa joint venture, each person submitting the bid shall be subject to this section with respect to his ocher 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 thecontractor 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 isnot 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 pursuanttothis 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 27 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 beiinvalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However,!at the time the contract-is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time'the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure, of the Bidder to obtain proper and adequate licensing for an award of a contract .shall constitute a failure to execute the Contract and shall result in the forfeiture of the security of the Bidder. License No.: (3799M Class: A stlB Expiration Date: NoVOMbOr 30,2021 Date: APR 15 2021 SP-28 EXHIBIT F LABOR LAW REQUIREMENTS SP-29 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 provisjdKis before commencing the performance of the Work of this Contract." Date 5 229 Signature i Shawn A S"tn, resident SP-30 EXHIBIT G INDEMNIFICATION AND HOLD HARMLESS AGREEMENT SP-31 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION OFFICIAL TITLE OF PROJECT: FY2020-2021 Arterial Street Resurfacing Project (Marina Drive), CIP No. ST2103 Indemnitor(s) (list all names): static Contractors Corporation dAa Shatlnnatl To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense„to defend, protect, indemnify, and hold harmless the City of Seal Beach and.its elected officials, officers,,attorneys, agents, employees, volunteers, successors, and assigns (collectively"Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively"Liabilities"), arising or claimed to arise, directly or indirectly; out of, in connection with, resulting from, or related to any act; failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising;or claimed to arise, directly or indirectly, out of; In, connection with, resultingfrom, or related to the above-referenced contract,agreement, license, or permit (the "Contract") or the performance or failure to perform any term, 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 Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive,in favor of the ndemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code § 2782(a) 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, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Contract as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. - "Indemnitor" i Name Shaw n ' / Name_ By: By: I a Its SP-32 EXHIBIT H ACCEPTED BID PROPOSAL SP-33 i� SIALCON-01 BCAMPBELL AGOl2O" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 41112021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOESNOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE,DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR-PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:' If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions orbe endorsed. If SUBROGATION IS WAIVED; subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate'does not'confenrights to the certificate holder in lieu of such endorsement(s). PRODUCER License#OM70471 NQMEAcr Orion Risk Management Insurance Services,An Afore Group Insurance PHONE FAx Agency,LLC - w/c;No,Ext):(949)263-8850 IA X, a)(949)263-8860 E-MAIL New ort Bea h, Suite 190 ADDRESS: Newport Beach,6A.92660 INSURERISI AFFORDING COVERAGE NAICft •— INSURER A:Starr Indemnity & Liability Company 38318 INSURED INSURER 8:*Travelers Property Casualty Company of America 25674 Sialic Contractors Corporation,dba Shawnan INSURER C: 12240 Woodruff Ave. INSURER D: Downey, CA 90241 INSURER E: INSURER F COVERAGES CERTIFICATENUMBER:. REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE',LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING.ANY REQUIREMENT; TERM OR CONDITION OF'ANY-CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, .EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR' POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTRINSD WVD MIDD MMIDDYYYY A X' COMMERCIALGENERALUMBILITY EACH OCCURRENCE' 'S 1'000.000 CLAIMS-MADE ❑X OCCUR X X 1000025824201 10/1/2020 10/1/2021 PREMISS DAMAGE TO RENTED nce)— S 11000,000 MED EXP(Any.oneperson) $ 10'000 PERSONAL B ADV INJURY 5 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE S 2'000'000 POLICY n PRO- LEPRODUCTS-COMP/OPAGG 5 2'000'000 OTHER' JECT $ COMBINEDSINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY nza accitle tf 5 _X1 ANY AUTO X X 1000198708201 10/1/2020 1011/2021 BODILY INJURY Perperson) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident S AUTOS ONLY HAUTOS ONLDV PPeOF 'd 'RTY t MAGEI IS IS BUMBRELLA LIAR X OCCUR EACH OCCURRENCE 5 9,000,000 X EXCESS UAB CLAIMS-MADE ZUB71 N3216120NF 101112020 10/1/2021 AGGREGATE s. 9x000'000 DEO` X RETENTIONS 102000 $ PERA WORKERS COMPENSATION X STATUTE 10 0RH AND EMPLOYER LIAR TIITY 1000004373 101112020 10/1/2021 � 1,000,000 ANY PROPRIETORIPARTNERIEXECUTIVE Y/N X EL EACH ACCIDENT: $. OFFICERIME BER EXCLUDED? N/A 1,000,000 (MInistatoryEL DISEASE-EA EMPLOYEE 5 If yes;describe under 1,0m000 DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT S DESCRIPTION OFOPERATIONS/LOCATIONS/VEHICLESACORD 101,Atltlifional Remarks Schedule may,Ee amchetl i1 mote space is required) RE:Shawnan Project No: #336-Project:;ART41AL STREET RESURFACING PR6JECT(MARINA.DRIVE) City of Seal Beach,its officer s.officials,employees,designated volunteers and agents serving as independent contractors in the role of City officials are named as additional insured on the General Liability and on the Auto per the attached endorsements. Primary and Non-Contributory Wording applies to the General Liability and to the Auto per the attached endorsements. Waiver.of Subrogation applies to the General Liability,to the Auto,and to the Workers Compensation per the attached endorsements. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, .NOTICE IWILL BE DELIVERED IN City of Seal Beach ACCORDANCE WITH THE POLICY PROVISIONS. 21l-Bth Street Seal Beach,CA 90740 AUTMORI/QED REPRESENTATIVE (� /n ACORD 25(2016/03) ©1986-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered.marks of ACORD AGENCY CUSTOMER ID:SIALCON-01 BCAMPBELL LOC#: 0 ACOR0" ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License#OM70471 NAMED INSURED iion'Risk Management Insurance Services,An Alera Group Insurance Agency,LLC Sialic Contractors Corporation,dba Shawnan 12240 Woodruff Ave. POLICY,NUMSER Downey,CA 90241 EE PAGE 1 CARRIER NAIC CODE EEPAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS,A SCHEDULE.TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: 30 Days Notice of Cancellation; 10 Days Notice for non-payment of premium apply per policy provisions. ACORD 101,.(2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 1000025824201 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance•provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s); Locations Of Covered Operations Where required by written contract Where required by written contract Information required to complete this--:ScBedule, if not shown.above,will be shown in the Declarations., A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include asan additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respecttoliability for "bodily injury"; "property This insurance does nota I to "bodilyinjury" or damage" or "personal and advertising injury" "property damage"occurring after: ry caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equip- menYfurnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed; or nated above. 2. That portion. of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: 1000025824201 COMMERCIAL GENERAL''.LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional InsuredPerson(s) Or Organization(s): Location And Description Of Completed Operations Where required by written contract Where required by written contract Information required to complete this Schedule, ifnot.shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but,only with respect to liability for"bodily injury"or"property dam- age" caused, in whole or in part, by "your work' at the location,designated and described in the sched- ule of this endorsement performed for.that additional insured and included in the "products-completed operations hazard". CG 20 37"07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 0 rStarr Indemnity & Liability Company Dallas. TX 1-866-519-2522 Primary and Non-Contributory Condition Policy Number: 1000025824201 Effective Date: 10/01/2020 at 12:01 A.M. Named Insured: Sialic Contractors Corporation, dba Shawnan This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. SECTION IV—CONDITIONS, condition 4. Other Insurance is amended as follows: 1. The following is added to paragraphA.a. of the Other Insurance condition: This insurance is primary insurance as respects our coverage to the additional insured, where the written contract or written agreement requires that this insurance be primary and non-contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured is a Named Insured. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Signed for STARR INDEMNITY & LIABILITY COMPANY Ila" wCG 1� Charles H. Dang�President Nehemiah E. Ginsburg, GeneraUCounsel OG 107 (04/11) Page 1 of 1 Copyright©C.V.Starr&Company and Starr Indemnity&Liability Company. All rights reserved. Includescopyrighted material,of ISO Properties,Inc., used with its permission. POLICY NUMBER: 1000025824201 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization to whom you become obligated to waive your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or ..your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ COMMERCIAL AUTO r< �k1 SICA-1016 (0919) ,X` Starr Indemnity & Liability Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- AUTOMATIC STATUS AMENDATORY ENDORSEMENT Policy Number: 1000198708201 Effective Date: 10/1/2020 at 12:01 A.M. Named Insured`. Sialic Contractors Corporation. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies)carefully. AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM. MOTOR CARRIER COVERAGE FORM It is hereby agreed that SECTION 11 -COVERED AUTOS LIABILITY COVERAGE, A. COVERAGE, 1. Who Is An Insured of the Business Auto Coverage Form and Motor Carrier Coverage Form, and SECTION I – COVERED AUTOS COVERAGES,D. Covered Autos Liability Coverage, 2. Who Is An Insured of the Auto Dealers Coverage Form are amended',to include the following: Any person or organization whom you,become obligated to include as an additional insured under this policy, as a result of any written contract or written agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the less of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by such written contract or written agreement. All other terms and conditions of this Policy remain unchanged. SICA-1016 (0919) Copyright 0 Starr Indemnity& Liability Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL AUTO Starr Indemnity& Liability Company SICA-1017 (0919) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS AMENDATORY ENDORSMENT Policy Number:,1000198708201 Effective Date: 10/1/2020 at 12:01 AM Named Insured: Sialic Contractors Corporation This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully. BUSINESS AUTO COVERAGE FORM SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, c., is amended by the addition of the following: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident. We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. All other terms and conditions of this Policy,remain unchanged. SICA-1017 (0919) Copyright©Starr Indemnity'&:Liability Company.. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance.Services Office, Inc.,with its permission. POLICY NUMBER: 1000198708201 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER_ OF TRANSFER OF RIGHTS OF RECOVERY AGAINST' OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Sialic Contractors Corporation Endorsement Effective Date: 10/1/2020 SCHEDULE Name(s)Of Person(s) Or Organ ization(s):.Any person or organization to whom you become?obligated to waive your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss. Information required to complete this.Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the."loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 WORKERSCOMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have.the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the.Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule, The additional'premium for this endorsement shall be n of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Where required by contract Any person or organization to whom you become obligated to waive your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss. This endorsement changes the'policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective:l0/1/2020 Policy No.:100 0004373 Endorsement No.: Premium Insured:Sialic;Contractors_Corporation,dba Shawnan Insurance Company:Starr.lniiemnity&Liability Company Countersigned by: WC 04°03 06 (Ed. 04-84) Page 1 of 1