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AGMT - J & L Constructors, Inc (Navy Reservior WT2107)
RECORDING REQUESTED BY Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder AND WHEN RECORDED MAIL TO lilll III I IIIIIIIIIII IIII IIIIIIIIIIIIIIII IIIIIIII IIII III II NO FEE CITY OF SEAL BEACH *$R0013064865$* Attn: City Clerk 2021000501118 2:39 pm 08109121 211 - 8th Street 65 414A N12 1 Seal Beach, CA 90740 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. **" No Recording Fee Pursuant to Government Code Section 610 ****RECEIVED t� NOTICE OF COMPLETION AUG 17 2021 Notice pursuant to Civil Code Section 9204, must be filed within 15 days a61Lgc YoCLERK SEAL BEACH (; F Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 – 8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on June 30, 2021. The work was Navy Reservoir External Cathodic Protection System Improvements, CIP No. WT2107. 6. The name of the contractor(s), if any, for such improvement was: J&L Constructors, Inc. 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: APN 043-160-38. Date: Directo 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 —/ , , , , 2021, at Seal Beach, California. (Dat6 of Signature) Direct;?r ublic Works, City of Seal Beach PUBLIC'WORKS AGREEMENT PROJECT CIP NO. WT2107 between City of Seal Beach 211 -,8th Street Seal Beach, CA 90740 E:A J&L Constructors, Inc. 29104 Basswood Lake Elsinore, CA 92530 (714)931-9367 THIS CONTRACT ("Contract") is made.as of April 12, 2021, by and between the City of Seal Beach, a California charter city ("City"), and J&L Constructors, Inc., a California corporation ("Contractor"). RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Navy Reservoir External Cathodic Protection System Improvements ("Project"), WT2107, with respect to design criteria; and B. WHEREAS, Contractor has submitted a Bid to City for the Project dated March 10, 2021 in the amount of $59,000.00 ("Bid' hereinafter). The Bid is attached hereto and contains, among other things, provisions defining the Project scope. NOW, THEREFORE, in consideration of performance by the parties of the mutual, promises, covenants, and conditions herein contained, the parties hereto agree as follows: CONTRACT 1. Contractor's Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work'("Work") required by this Contract and the documents listed in Subsection 1.2 for the Project. 1.2 Contract Documents. The "Contract Documents" that comprise the agreement between the City and the Contractor are the: Notice Inviting Sealed Bids, Instructions to Bidders, Accepted Bid Proposal Form, Non -Collusion Declaration, Bid Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms for Check or Bond, Specifications, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of Bid opening setting forth any modifications or interpretations of any of said documents, this Contract, Exhibits attached to this Contract, including but not limited to, the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers' Compensation Insurance Certificate (Exhibit C); Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F), Indemnification and Hold Harmless Contract (Exhibit G), Accepted Bid Proposal Form and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Contract. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract, Documents. Contractor shall furnish at its own expense, all labor; materials, equipment and services necessary therefor, 'except such labor, materials; equipment and services as are specified in the Contract Documents to be furnished by City. 1.4 In the event of any material discrepancy between the express provisions of this 'Contract and the provisions of the other Contract Documents, the provisions,of this Contract shall prevail. 2. Effective Date. This Contract is effective as of April 12, 2021 (the "Effective bate"), and shall remain in full force and effect until Contractor has rendered the services required by this Contract. 3. Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of $59,900.00 (Fifty Nine Thousand Nine Hundred and'00/XX dollars), subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all 'other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and "upon the conditions, specified in the Contract Documents. The City Manager may authorize extra work to fund unforeseen conditions up to the amountapproved at the time of award' by the City Council. Payment for additional work in excess of this amount requires,prior City Council authorization. 4. Contractor's Personnel. 4.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability; workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and, all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Contract. Contractor shall not, at any time, or in z any manner, represent that it or any of its officers, agents, or employees are in any manner; employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract. 4.5 City shall .have the right to offset against the amount of any fees due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Indemnification. 5.1 Contractor's Duty. Contractor shall defend, indemnify, and hold the City, its elected officials, officers; employees, volunteers„ agents; and those City agents .serving as independent contractors in the role of City officials (collectively "Indemnitees') free and harmless from and.against•sany and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands,i obligations, damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments, fines; penalties, liabilities, costs and expenses.(including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim;" collectively, "Claims'), in any manner arising out of or incident to the performance of the Contract, including without limitation, the payment of all consequential damages and attorneys' fees and other related costs and expenses. Further; Contractor shall appoint competent defense counsel, at Contractor's own cost, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of the Contract that may be brought or instituted against Indemnitees. Contractor shall pay and i 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 forall attorneys' fees and costs incurred by City in connectionwith, 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 underthe law. Paymentis 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 effectfior the duration of Qhis 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 limitsset forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute 'the -following documents attached as Exhibits hereto and incorporated herein.by this reference: 6.1.1 Exhibit D-1: Additional Insured Endorsement - Commercial General Liability. 6.1.2 Exhibit D-2: Additional Insured Endorsement - Automobile Liability. 6:2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B). 6.2.4 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.3 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 Contract or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2;000,000 per occurrence for bodily injury and property damage. 6.3.3 Ernployer'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 orself-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 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 hot also limitations applicable to the named insured. 6.5.2 For any claims related to this Contract, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and.agents'serving'as independent contractors in the .role of City officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it. 6.5.3 Contractor's insurance shall apply separately to each insured -a ' gainst whom claim is made or suit is brought, except with respect to the limits of the.insrer'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. S. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Contract. I 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: J&L Constructors, Inc. 29104 Basswood Lake Elsinore, ;CA 92530 Telephoner (714) 931-9637 Attn: Byrson W. Miller, President 10. Non -Assignability: Subcontractinq. Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12. Non -Waiver of Terms Rights,and.Remedies. Waiver by either party of any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City .of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which. may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 13. Attorneys' Fees. In the event:that either party to this Contract shall commence any legal action, or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys' fees. 14. Construction, The validity, interpretation, and performance of this Contract.shall be controlled by and construed under the laws of the State of California, with venue in Orange County, California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Contract shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to 'exist or against the party who drafted the Contract or who drafted that portion of the Contract. 15. Workers' Compensation. LaborCode�Sections 1860 and 3700 provide that every contractor will be .required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract." 16. Prevailing Wages. The City and the,Contractor acknowledge that the Project is a public work to which prevailing wages apply. 17. Entire Contract. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Contract supersedes all prior oral or written" negotiations, representations, or agreements. This Contract may not be amended, nor any. provision or breach hereof waived, except in a writing signed by the parties which expressly refersto 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 Contractor anypart 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. H 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 CONTRACTOR: J&L Constructors, Inc., a Calfornia corporation By 7By: J & L Constructors Inc. Ingram, City Manage /� ) .5 Q44Name: Bryson W Miller Attest: .,.Owner/President 0 D. Ha J & L Constructors Inc. Vanessa Miller Title: Secretary/Treasurer (P ase note; two signatures re���(((u. d for yl rations pursuant to Califo iaorpc Code Section 313. I �/ 9 EXHIBIT A FAITHFUL PERFORMANCE BOND Bond No. CE01261400006 PERFORMANCE BOND :KNOW ALL PERSONS BY THESE PRESENTS that: awardedito J&L Constructors, Inc ("Principal") (Name: and address of Contractor). a contracf,(the "Contract") fort - he Work described as -follows' (Project.name) WHEREAS, Principal is required under the` terms' of the Contract to furnish a Bond for the faithful performance of the,C ontract.. NOW, THEREFORE, we, the undersigned Principal, and, Philadelphia Indemnity Insurance Company, One Bala Plaza,, Suite 100, Bala Cynwyd, PA,19004 ,(Name rand address of Surety) ('Surety') a duly admitted'surety,ihsurer under the laws of the State of California, as Surety, are held and:.firinly bound unto the CityJn the'penal.sum of FiftyNine Thousand Nine Hundred and'00/100- '----------- Dollars ($ 59;900) this amount being not less, than the total Contract Price, in lawful money of the United States ofi'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,.ifthe hereby bounded Principal, his, heror its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and mell and truly keep and, perform the covenants, conditions and provisions in the Contract and any alteration thereof madeas 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 ttiis obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As apart of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costsand reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully ;enforcing such obligation ,all to _be,taxed as=sts and included in any judgment rendered Surety hereby waives any statute of limitations as itapplies 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 herebywaive notice of any such change extension of time, alteration or addition to the terms of the Contract, or to the Work orfo the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. 1N 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: Aprll-12, 2021 "Principal" )&L Constructors, Inc By: Its By: Its (Seal) "Surety" Philadelphia Indemnity Insurance Company Cl lid ' � ey:: - .. Its 'Heidi =R. BrutkgFAnorgey-.in-Fact ,.,. By. Its - (Seal) Note, This Bond must be executed m duplicate and dated, allsignatures+must be notarized, and evidence of the authority of any person signing,as attorney -m -fact mustbe.attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT 'Surety companies executing Bonds must appear on the TreasuryDepartment's most -current list (Circular 570 as amended) and be authorized to transact business in the State where the'projectis located. PHILADELPHIA INDEMNITY- INSURANCE COMPANY One Bala Plaza. Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company),�a corporation organized and ,existing under the laws of the Commonwealth of Pennsylvania, does heieby, constitute and appoint Nathaq Miller, Sandra Harmll, Michelle Bennett;. Brandy Prinz, --Heidi R. Brufl o, P Tabbatha.' Kepner or Chris apke of. Philadelphia Indemnity; Insurance,Company its tree and lawful Attorney-in-fact with Tull authority to execute on its behalf bonds, undertakings; recognizances and other; contracts,of indemnity and,writings obligatory in the nature thereof, issued in the course of its business and to bind the Company,thereby; in an amount not to exceed $50,000,006 'this Power of Attorney is granted And is signed and scaled:. by facsimile underand by the_amhority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY. on the fla' of November, 2016. r RESOLVED: That the Boardof Directors hereby authorizes theYresiden[ or any Vice President of the Company: (I) Appomt,Attomey(s)*in Fact and authorize the Attomey(s) in Fact to execute on.behalf of -Che Company bonds and undertakings, contracts of indemnityand other writings obligatory in;the nature thereof anal to Attach the seal. of the Company thereto; and (2) to remove, of any time, any such Atlomey-in-Fact and revoke the - authority given. And; be its FURTHER RESOLVED;. That the sigma mes of such officers and'the seal of the Company maybe affixed to any such Power of Allomey or,cemficate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures,and,facsimile seal shall be valid and' binding upon the Company in the future ivith'respeet to any bond or undertaking to which'it is Attached. INTESTIMONYWHEREOF; PHILADELPHIA INDEMNCFY: INSURANCE COMPANY HAS,CAUSED THIS INS"I'RUMEN-1" "10 BE SIGNED AND [IS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27m DAY OF OCTOBER, 2017. w. S �OEyµily /ry� "s.n.zs.x�oxi. Notary Public: jSi 1927 �o: residing at: terry ?M� mss, (Seal) My commission expires: Robert O. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27i°;day of October„2017, before me came the individual who executed the preceding instrument,.to,me personally known,. and being by me -'duly sworn said II . that he is the therein described and authorized officer. of PHILADELPIA INDEMNITY„INSURANCE COMPANY; affixed that the seal said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. xorxeu�se�i "s.n.zs.x�oxi. Notary Public: Wc�me.�s.wr•. - - residing at: (Notary Seal) My commission expires: Bala Cynwyd, PA September 25, 2621 Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby Lenity that the. foregoing resolution of the Board of Power,of Attorney, issued pursuant thereto on this X27' day of October, 2017 are true and`correct and are still in full for'c'e and effect 1 do further D O'Leary 7r., wlio executed thePowerof Anomey,as President, was on the date of execution of the. attached` Power of Attorney the duly elected tDELPHIAiNDEMNITY. INSURANCE COMPANY, ieof l have subscribed my name'and affixed the facsimile seat of each Company this 12th day of Amit, 20 21. `f^ x i r Edward Sayago, Corporate Secretary o{ v PHILADELPHIA INDEMNITY INSURANCE COMPANY • c',IVA•� :.�:' Y. Te:FCv.'.c(C NaK Kt!r'�NhYc�Y Y:r :AVRKsb�.KttMmewtt[w -C'riYa .nYi: we!G. .rc- --d S<:�Y S tciW.AMv.eaN.wNw :.<^i A;notary public or ether officer completing this certificate verfies only the?identity of the individual who signed the document to which this certificate is attached, and not the truthftilrain, accuracy,'or validityof that document. Siete of MKM616 .Pennsylvania ) County of Dauphin ) On n_ Apri1:12,4021 pefore.me; Michelle L: Bennett Date Here; Insert Name and Title of the Officer personally appeared who proved to me ori the basis oh sat subscribedto the within instrument and his/her/their authorized capaclty(ies); and or the entity upon behalf'of whibt the'061 Commonwealth of P,ennsylvania'-Notary:5eal Michelle 'L/eennelt. Notary Public. , Dauphin County My commission expires December 11, 2.0.24 Commission number1161587 - '.I:imber; Pennsylvania Association of Notaries eme(s) of Signers) lence to be 'the person(s) whose ,name(s) is/are 3d to me that he/she/they executed the same in r/their signatur'e(s) on the instrument the person(s), I certify under PENALTY OF PERJURY under the laws of the.State,6,Califomiathatthe foregoing paragraph is true' and'correct;, ' WITNESS,my hand!and official seal. Signature', Sl— `Signature of Wafry Public Place Notary -Seal Above --. OPTIONAL Though this sectionJs optionalcompletingahls inform aUon'can,deter alteration of the document or fraudulent reattechirlent off this form to an unintended document. Descnptionmof Attached Document Title or Type of Document: Performance' and Payment Bond Document Date: April 12 2021 Number'of Pages: Signer(s) Other,Thari'Named Above: Claimed by Signers) Othf Representing: -- Signer aetunuer— uuetsJ. — b Limited ❑ General at ❑ Attorney in Fact ❑ Guardian or Conservator (1-1-800-876-6827) EXHIBIT B PAYMENT BOND Bond No. CE01261400006 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 J&L Constructors, Inc ("Principal") (Name -and 'address of Contractor) a contract (the "Contract") for the Work,described, as! follows: (Project name) WHEREAS, under the terms ofthe 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 ofth'e Civil Code. NOW; THEREFORE, we; the,ui (Name and address of Surety) ("Surety") a duly,admitted surety insurer'under the,laws of the State of California, as Surety, are held and firmly 'bound unto the City and all contractors;, subcontractors, laborers, material suppliers, and ;other persons (employed in the performance 'of the Contract and referred to in Title.3 (commencingwith Section"9000),of Part 6'of Division -4 of the Civil Code in the!penal sum of Fift-v Nine Thousand Nine Hundred and 00/100-- --- Dollars ($59,900.00 ), for materials.furnished or labor thereon of any kind, or for amounts due unddh ere Unemployment1nsurance Actwith;respect to this Work or labor, thatithe Surety will pay the same in an amountnot 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'jddgment.therein're6dered. It is;hereby expressly stipulated',and agreed that this Bond shall inure to the benefit of any and all persons; companies and-corporations°entitled.ito 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•iany"suit brought upon this Bond. Uponexpiration of the time within which the California Labor Commissioner may serve a civil wage, age 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 17°71.2, if the condition of this Bond be fully performed, then this obligation shall become,null and void; otherwise, it shall'be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or 'addition'ao theterms of the'Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond; and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS%WHEREOF, two (2) identical counterparts of'this instrument, each of which shall for all purposes .be deemed an original hereof; have .been duly. executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned :repiresentative(s) pursuant to authority of its governing body. Dated: April 12, 2021 "Principal" J&L Constructors, Inc 0 M Its (Seal) "Surety" Philadelphia Indemnity Insurance Company It's Heidi R. Brutko,, A torney-in _Fact 1'_c By: Its (Seal) Note: This Bond must be executed in duplicate and dated,all,signatures must be notarized, and evidence of the authority of any person signingasWtomey,m fagt,must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT.. Surety companies executing Bonds must appear on the Treasury: Departments most current;list (Circular 570 as amended) and be authorized to transact business.in'the State where the project is: located. PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADFLPH IA- INDEMNITY: INSURANCE COMPANY (die Company),,a corporation organized and. existing under the laws of the'Commonwealth of Pennsyl3ania, does herel_iy constitute and appoint Nathan Miller, Sandra Hartzell, Michelle Bennett, Brandy Prinz, Heidi R. Brutko, Tabbatha: Kepner or Chris Papke of. Philadelphia,Indemnity lnsurance•Company its trueand lawful Attomey-in-fact with fill authority to execute on its.bchalf bonds,`�undertakings, recognizmees-and other contracts of indemnity anj. writings obligatory in the nature thereof issued in the course of its business and to bind the Company thereby, in an"amoimt not to exceed50 . $,000,000. This Power of: Attorney is granted and issigned and seated by facsimile:under-and by the authority of (he "following Resolution adopted by the Board of Directors of PHILADELPHIAdNDEMNITY:. INSU RANCE COMPANY on the 14"' of November, 2016. i RESOLVED: That the Boarikof Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint. AtIomey(s) in Fact and authorize, the Attomey(s) in Fact to execute on behalf of the,Company bonds, and' undertakings, contracts of indemnity and other wrilings'obligatory indhe nature thereof and,twattach the sea]ofthe Company thereto; and (2) to iemove, at any time; any such Attomey-in-Fact and revoke the authority given. And,: be it FURTHER RESOLVED: That thexignamres of such officers and. the seal ofithe' Company,maybe affixed to any such Power of Cmmey orccrlificate relating thereto by facsimile,.and any such Power of Attorney so executed and, certified by facsimle signatures aird7facsir_nile seal shall be valid and binding :upon :the .Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF. PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICF..THIS 27m DAY OF;OCTOBFR, 2017. 1927M { gr 4hr•lr y'+ p^ 3 %4 y+ .........SDC{ (Seal) Robert D. O'Leary Jr., President CEO Philadelphia Indemnity Insurance Company On this 27n day of October, 2017; before me came. the individual who executed the: preceding,instrumenl, tome personally known, and being by me,duly sworn said that he is the therein. described and authorized officer the. PHILADELPHIA INDEMNI'T'Y INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. fAW OMWF Of NH4YLVU11 ' OiMW 5GL Edward Sayago, Corporate. Secretary Z PHILADELPHIA INDEMNITY INSURANCE COMPANY Notary Public residing av (Notary Seal) My commission expires: �M 8 Bala CvnWvd PA September 25 2021 1, Edward,Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY -INSURANCE COMPANY, do hereby certify that theforegoingresolution of the Board of Directors acrd this Power of Attorney issued pursuant thereto on this 27" day. of October 2017 me -toe and correct and are still, in full force and effect. I do further certify, that Robert Ds O'Leary Jr., who executed dre Power of Attorney. as President; was on the date of execution�of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCF.COMPANY, In Testmiony Wfi reof I have subscribed my name and affixed the facsimileseal of each Company this 12th day of AIA, 20 21. Edward Sayago, Corporate. Secretary Z PHILADELPHIA INDEMNITY INSURANCE COMPANY ACKNOWLEDGMENT A notary public or:ether officer completing th%Wcertlficate verifies only theildeittity of the individual who signed the document to which this certificate is attached, and not the tabfulness,-accuracy,orvalidity of that document. State of lSaGMX% Pennsylvania ) County.,of, Dauphin ) on,. April 12,.2021 before me, Michelle L'. Benriett Date Here Insert'Name'and Ttle of the Officer personally wtio proved. to, me Commonwealth of,Pennsylvania`- Notary;Seal Michelle C Bennett Notary Public Dauphin County, My Commission expires December 11;2024 Commission number 1161587 , L:mber, Pennsylvania Association of Notaries PlaceWbtary seat Above whose name(s) is/are executed the same in >trument the person(s), I certify under'PENALTY'OF PERJURY under the laws of the State 'of 'Calif_ornia that the foregoing paragraph istrue and correct: WITNESS`my hand and official seal. Signature.'l•1�I�' � II,,Y1/YLIk -, Signature of Nkrariy Public ,mation,can, deter alteration of the document or n to an unintended document. Description of Attached Document-erformance and -Pa fent Bond Title or Type of Document: y Document' Date April -12 2021 Num_ber'of Pages: $igner(s) Other Than Named'"Above: _ Capacity(les) Claimed by Signer(s) Signer's.Name:. :Corporate Officer--Title(s), ❑'Partner— ❑ Limited ❑ General ❑'Individual MAttorney in:Fact ❑Trustee ❑ Guardian or Gonservafor ❑'Oth& Signer Is Representing:, Signer's ,Name: o Corporate Officer— Title(s): p'Partner ❑ Limited ❑ General O Individual. ❑ Attorney in Fact d Trustee ❑ Guardian or Conservator ❑ Other. . Signerils Representing www:NationalNotary.org Item:#5907 EXHIBIT C WORKER'S COMPENSATION INSURANCE CERTIFICATE POLICYHOLDER COPY SP P.O. BOX 8192, PLEASANTON, CA. 94588 CERTIFICATEOF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03-17-2021 CITY OF SEAL BEACH 211 STH ST SEAL BEACH CA 90740-6305 GROUP: 'POLICY NUMBER: 9170623-2020 CERTIFICATE ID: 12 CERTIFICATE EXPIRES: 12-03-2021 12-03-2020/12-03-2021 SP JOB:NAVAL WEAPONS YARD SEAL BEACH NAVAL 'WEAPONS STATION SEAL BEACH CA 90740 This is to certify that we have issued a valid Workers' Compensation insurance :policy in a .form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This ,policy is not subject to cancellation- by the Fund except upon 10 days, advance written notice to the employer. We will also give you 10 days advance notice. should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by thepolicylisted herein. Notwithstanding any, requirement, term or condition of any contract or other document with respect to which this .certificate of insurance maybe issued or to which it may pertain, the insurance .afforded dbbyytthe policy described herein is subject to all the ter/mss,, exclusions, and conditions, of such policy. ���l/"^"mac- ! �.."`*-. //ea--�•�+^ .�17 fe<.rz-v`. .t Authorized Representative Presidentkand :CEO EMPLOYER'S LIABILITY LIMIT INCLUDING. DEFENSE COSTS: $1.,000,000 PER OCCURRENCE. ENDORSEMENT 40015 .ENTITLED ADDITIONAL INSURED EMPLOYER,EFFECTIVE 2021-03-17 IS ATTACHED TO AND FORMS APART OF THIS. POLICY. NAME OF ADDITIONAL INSURED: CITY OF SEAL BEACH ENDORSEMENT #1651 - WILLIAM MILLER TREASURER - EXCLUDED. ENDORSEMENT #1651.- VANESSA MILLER' SECRETARY - EXCLUDED. ENDORSEMENT #1651 - BRYSON W. MILLER PRESIDENT - EXCLUDED. EMPLOYER J & L CONSTRUCTORS INC. 29104 BASSWOOD LAKE ELSINORE CA 92530 SP [Pl l,HOj (a Eva°2014) PRINTED : 03-17-2021 EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] AC"J?bp CERTIFICATE OF LIABILITY INSURANCE DATE IMM/DDM YV) 4/29/2021 THIS'. CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION ONLY AND CONFERS' NO. RIGHTS UPON THE CERTIFICATE HOLDER. THIS .- -A CERTIFICATE NOT A-.FFIRMATIVELY OR NEG DOES 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: .Ifthe certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION' IS WAIVED, subject to the terms and conditions ofthe: policy; contain: policies may:require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER QQNIACF NAME: Western. Republic Insurance Services i F FAX PHONE 714536.0500 Ex[ : (AIC, No): ADDRESS. dustiha wrinsurance.com 19900 Beach Blvd INSURERIS)'AFFORDING COVERAGE NAIC4 Suite Fl INSURER A:. EVANSTONINS CO 35378 Huntington Beach CA 92648 INSURED INSURER B: SCOTTSDALE INS CO INSURER C: J & 1, Constructors Inc INSURER D: 29104 Basswood INSURER E: INSURER F; Lake Elsinore CA 92530 COVERAGES CERTIFICATE :NUMBERi-- 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, NOTWITHSTANDINGANY.REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE' AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.. LIMITS' SHOWN MAY HAVE BEEN'REDUCED BY PAIDCLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER immmoIYYYY) (MMIDDIYYYY) LIMITS A COMMERCIAL GENERALLIABILITY CLAIMS -MADE ®OCCUR Y Y 3FA5778 04/27/2021 04/27/2022 EACH OCCURRENCE $ 1,000,000 � �Eu PREMISES(Eaoccurrence) 8 100,000 MED EXP (Any one person) $ 5,000 PERSONAL a ADV INJURY $ 1,000.000 GENT AGGREGATE LIMITAPPLIES PER: POLICY F—]CT❑ LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident $ (Per accident) $ 8 B'. UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE Y13SO134846 04/272021 04/27/2022 EACH OCCURRENCE $ 2.000,000 AGGREGATE $ 1000,000 DED I I RETENTION$ $ ORKERS COMPENSATION ND EMPLOYERVAJABILITY YIN NY PROPRIETORTARTNER/EXECUTIVE FFICERIMEMBER EXCLUDED? ❑ ( Mandatory. in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A STATUTE ER E L. EACH ACCIDENT $ EE.LDISEASE-EAEMPLOYEE $ EL DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be allached if more space is required) Those usual to the insured's operations. The City of Seal Beach, its officers, officials, employees, designated volunteers and agents are named as additional insured per the attached MEGL 0009-01 09 18. Project: Navy Reservoir External Cathodic Protection System Improvements. Project CIP No. VI/T2107. City of Seal Beach 21.1 - 8th Street Seal Beach; CA 90740 SHOULD ANY. OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE -THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE D,yii- Kew j © 1988.2015 ACORD CORPORATION. All rights reserved. ACORD'. 25(2016/03) The ACORD name and.logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY ill POLICY NUMBER:3FA5778 NIARKEI: EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONSLIABILITY COVERAGE FORM Additional Premium: $Included (Check box if fully earned ®) Please refer to each Coverage Form to determine which terns are defined. Words shown in quotations on this endorsement may or may not be defined in all Coverage Forms. A. Who Is An Insured is amended to include as an additional insured any person or entity to whom you are required by valid written contract oragreementto provide such coverage, but only with respect to "bodily injury", 'property damage' (including "bodily injury" and properly damage" included in the "products -completed operations hazard"), and "personal and advertisirig injury" caused, in whole or in part, by the negligent acts or omissions of the Named Insured and only with respect to any coverage not otherwise excluded in the policy. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. The insurance afforded to such additional' insured will not be broader than that which you are required by the valid written contract or, agreement to provide for such,additional insured. Our agreement to -accept an additional, insured provision in a valid written contract or agreement is not an acceptance of any other provisions of such contractor agreement or the contract or agreement in total. When coverage does not apply for the Named Insured, no coverage or defense will apply for the additional insured. No coverage applies to such additional insured for injury or damage of any type to any "employee' of the Named Insured or to any obligation of the additional insured to indemnify another because of damages arising out of such injury or damage. B. With respect to the insurance afforded to these additional insured,, the following is added to limits of insurance: The most we will pay on behalf of the additional insured is the�arriount of insurance: 1. Required by the valid written contract or agreement; or 2. Available under the applicable limits of insurance snown'in the Declarations; whichever is less, This endorsement shall not increase the applicable limits of insurance shown in the Declarations. All other terms and conditions remain unchanged. MEGL 0009.01 0918 Includes copyrighted t material of Insurance Services Office, Inc., Page 1 of 1 with its, permission. EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] T ®' A� o CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 03/1712021 THIS CERTIFICATE IS:;ISSUED AS :A'MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS . .. ... CERTIFICATE DOES NOT AFFIRMATIVELY'OR_NEGATIVELY AMEND,. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A'CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THECERTIFICATE HOLDER. IMPORTANT: If -the. certificate holder is an ADDITIONAL INSURED, thepolicy(ies) must have ADDITIONAL INSURED provisions or be endorsed. IIFSUBROGATION JS WAIVED, subject to the terms and "Conditions of the policy, certain policies may require an endorsement. A statement on this certificate does no conferrights to the certificate holder.in lieu of such endorsement(s).. PRODUCER StateFalm Nena Solo ® 6738 Bright Ave 00., 'Whittier CA 90609 CONTACT Jessica NAME PNOpE 562-869-9000 PAX IL Wit' - (AIL, No): E-MAADORIESS' INSURERS AFFORDING COVERAGE NAIC # INSURERA: Stale'FarmFire and Casualty Company 25143 POLICY NUMBER INSURED INSURER B' LIMITS INSURER C: COMMERCIAL GENERAL LIABILITY Bryson Miller- INSURER D J AND L CONSTRUCTORS INSURER E: EACH OCCURRENCE S 29104 Basswood INSURER F: Lake Elsinore CA 92530 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCEtLISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERMOR 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, EXC_ LUSIONS AND CONDITIONS'OF SUCH POLICIES. CIMITS'SHOWN'MAV HAVE BEEN REDUCED BV PAID CLAIMS. (NSR ACCORDANCE WITH THE POLICY PROVISIONS. A" IUGR AUTHORIZED REPRESENTATIVE Is LICYEFF POLICY EXP -7�,/ 9".,-_�7i/a_y T TR TYPE OF INSURANCE POLICY NUMBER N! 1DD/YYYY MMIDOIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTED C -IMS -MADE ❑ OCCUR PREMISES Eaoccunence S MED EXP (Myone person) S PERSONAL & ADV INJURY S GENT AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S POLICY PCT D LOG PRODUCTS - COMP/OP AGG S $ OTHER. AUTOMOBILE LIABILITY ... COMBINED SINGLE LIMIT 3 (Ea aw dent) BODILY INJURY (Per person)) 3 1,000,000 ANY AUTO 6049600 -F05 -75B 12/05/2020 06/05/2021 BODILY INJURY (Par a¢itlenlJ3 1;000,000 a OWNED SCHEDULED X AUTOS ONLY AUTOS HIRED NON -OWNED 17 CHEVROLET 2500 PROPERTVDAMAGE S 1,000,000 AUTOS ONLY AUTOS ONLY Per accident S iGB2CUEY2HZ377673 UMBRELLA LIAR OCCUR EACH OCCURRENCE S AGGREGATE S FIARETENTION$. CLAIMS -MADE DEDEXCE55 S WORKERS COMPENSATION PER $TTATUTE OERH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETORIPARTN ERIEXECUTIVE E.L. EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? NIA (Mandatory in A E.L. DISEASE - EA EMPLOYE S E.L. DISEASE -POLICY LIMIT $ (Lyes, tlescnbe under. DESCRIPTION OF OPERATIONS helmv DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Scbetlule; may be attached it more apace is required) CERTIFICATE HOLDER CANCELLATION 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered' marks of ACORD 1001486 132849.13 04-22-2020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City OLSeal Beach AUTHORIZED REPRESENTATIVE 2118th St Seal Beach CA 90740 -7�,/ 9".,-_�7i/a_y T 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered' marks of ACORD 1001486 132849.13 04-22-2020 EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS! LICENSING LAWS [Business 8 Professions Code§ 7028.151 [Public Contract Code § 20103.51 I, the undersigned, certify that I am aware -of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award)` Business & Professions Code §'7028.15: (a) It is a misdemeanor for any person to submit -'a bid to a public agency in order to engage in the business>or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases. (1) The person is particularly exempted from this chapter. (2) The bid,is submitted on a state%project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code: (b) If a person has been"previously, convicted of,the:offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 -days nor more than six months, or both. In the event the person, performing the contracting work,has agreed to furnish materials and labor on an hourly basis, "the pricer of t e,,contract' for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the:time of making a bid as @,joint venture; each person submitting the bid shall be subject to this sectionwith-respect to his or her in dividual 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 contractorwho, is not licensed in:accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. 'Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the.reglstrar may issue a citation to any public officer or employee of a public entity who knowingly` awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amountof civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028:13, inclusive: Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of '1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public,employee or officer shall not.be subject to a citation pursuant to this section if the public employee; "officer, ;or`employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed iin accordance with'the laws of this state. However, at the time the contractis'awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contracishall not be made unless and until the Registrar of Contractors verifies to the agency thatthe records of the Contractors' State License Board indicate that the contractor was properly Iicensed,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 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. A, B, C-20, C-53 License No.. 974212 Class: Expiration Date: 3/31/21 3/17/21 EXHIBIT F LABOR LAW REQUIREMENTS AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773:8; 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this.Contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of,the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the or 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. Contractooagrees 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 employmentof apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777:5 byitself 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 calendarday 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 1,860 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 .370.0 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 provisio before commencin the erformance of the Workiof this Contract." ��o,vEegti Date 3/1.7/21 Signature EXHIBIT G INDEMNIFICATION AND HOLD HARMLESS AGREEMENT INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION OFFICIAL TITLE OF PROJECT: NAVY RESERVOIR, EXTERNAL CATHODIC PROTECTION SYSTEM IMPROVEMENTS (CIP NO. WT2107) Indemnitor(s) (list all names): J & L Constructors Inc. Bryson W Miller To the fullest extent permitted bylaw„ Indemnitor herebyagrees, 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"), arisingor claimed to arise; directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of`Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents; servants or employees, arising or claimed to arise, directly or indirectly, out'of, in connection with, resulting from, or related to the above -referenced contract, agreement, license, or permit (the "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 Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing', nothing in this instrument shall be construed to encompass (a) Indemnitees' sole'negligence or willful misconduct.to the limited extent that the underlying Contract is subject to (Civil Code `§ 2782(a), or (l) the contracting, public agency's active negligence to the limitedextent 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" Name Bryson W Miller /AW By J & L Constructor nc. Name: m Its RESOLUTION 7134 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A. PUBLIC WORKS AGREEMENT WITH J&L CONSTRUCTORS, INC. FOR NAVY RESERVOIR EXTERNAL CATHODIC PROTECTION SYSTEM IMPROVEMENTS, CIP WT2107 WHEREAS, on January 28, 2021, the City issued a solicitation for bids for the Navy Reservoir External Cathodic Protection System Improvements, CIP WT2107 ("Project"); WHEREAS, on March 10; 2021, the City Clerk's office received four (4) bids in response -to the solicitation for bids, and J&L Constructors, Inc. submitted the lowest responsible bid in the amount of $59;900; and, WHEREAS, J&L Constructors, Inc. is a qualified firm to perform the Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: 1 SECTION 1. The City Council hereby approves the plans and specifications for JI the Project. SECTION 2. Based on the recitals set forth above, the City Council hereby awards a public works agreement to J&L Constructors, Inc. for the Project in the not -to -exceed amount of $59,900, waives minor bid irregularities, and rejects all other bids. SECTION'3. The City Council hereby authorizes and directs the City Manager to execute the public works agreement on behalf of the City. SECTION 4. The, City Council hereby authorizes the City Manager to approve payments for additional work requests in connection with the Project in the cumulative not -to -exceed amount of $10,100. SECTION 5- The; City Council hereby iauthorizes the City Manager to approve payments for inspection and'testing in connection with the Project in. the cumulative not -to -exceed amount of $10,000. SECTION 6: The City Council hereby approves Budget Amendment- BA 2.1-10-01 allocating $80,000 for the Project as follows: