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HomeMy WebLinkAboutAGMT - PUB Construction, Inc (River's End Park Fencing)PUBLIC WORKS AGREEMENT RIVER'S END PARK FENCING between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 2 PUB Construction, Inc. 23545 Palomino Drive, #104 Diamond Bar, CA 91765 (909)455-0187 (909) 455-0188 - FAX THIS CONTRACT ("Contract") is made as of May 24, 2021, by and between the City of Seal Beach, a California charter city ("City"), and PUB Construction, Inc., a California corporation ("Contractor") (collectively, "the parties" and individually, a "party"). RECITALS A. WHEREAS, the City of Seal Beach ("City") approved the plans and specifications for the River's End Park Fencing ("Project") with respect to design criteria; and B. WHEREAS, Contractor submitted a Bid to City for the Project dated May 14, 2021 in the amount of $32,074.18 ("Bid" hereinafter); and C. WHEREAS, Contractor is a California licensed A and B Contractor (State Contractor's license number (License#788668), DIR #1000005407; and D. WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code, City desires to engage Contractor to carry out the Project in the manner set forth herein and more fully described in Section 1.0. 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 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") for the Project identified as River's End Park Fencing ("Project") as described in this Contract and in the Contract Documents listed in Subsection 1.2. 1.2 Contract Documents. The "Contract Documents" consist of: this Contract, the Accepted Bid Proposal, Non -Collusion Declaration, Designation of Subcontractors, Contractor's Industrial Safety Record, Faithful Performance Bond, Payment Bond (Labor and Materials), Standard Plans and Reference Documents, and any other 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, Change Orders, 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; and Exhibits attached to this Contract, including but not limited to the Performance Bond (Exhibit A), Payment Bond (Labor and Materials) (Exhibit B), Workers' Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Acknowledgment of Labor Law Requirements (Exhibit F), Standard Specifications and Reference Documents (Exhibit Gj, Non - Collusion Declaration (Exhibit H), Contractor's Industrial Safety Record (Exhibit 1), Designation of Subcontractors (Exhibit J), Accepted Bid Proposal (Exhibit K), and Sourcewell Indefinite Quantity Construction Agreement (Exhibit L). 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 May 24, 2021 (the "Effective Date"), and shall remain in full force and effect until Contractor has rendered the services required by this Contract and a Notice of Completion has been filed with the Orange County Recorder, unless sooner terminated or extended pursuant to this Contract. 3. Contractor's Compensation. 3.1 Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in accordance with the Bid Proposal as full compensation therefor, but in no event will City pay more than the total not -to -exceed amount of $32,074.18 (Thirty Two Thousand Seventy Four and 18/100 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. 3.2 Additional Work. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award, subject to the not -to -exceed amount set forth in Section 3.1. 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 the Seal Beach Municipal Code and other state and local laws 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. 3 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, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Contract. Contractor shall not, at any time; or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Indemnification. 5.1 Contractor's Duty. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, indemnify, and hold the City and its elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") from and against -any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, liabilities and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals and all costs associated therewith and the payment of all consequential damages (collectively, "Liabilities"), in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, the acts or omissions of Contractor, its officers, agents, attorneys, servants, employees, Subcontractors, materialmen, contractors, or their officers, agents, servants or employees (or any entity or individual for whom the Contractor bears legal liability)in the performance of the Contract, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or 2 by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. The City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5 of the Specifications. 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 Taxes and Workers' Compensation. Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. Contractor shall fully comply with the Workers' Compensation law regarding Contractor and Contractor's employees. Contractor shall indemnify and hold the City harmless from any failure of Contractor to comply with applicable Workers' Compensation laws. City may offset against the amount of any fees due to Contractor under the Contract any amount due to City from Contractor as a result of Contractor's failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5.2. 5.3 Workers' Compensation Acts not Limiting. Contractor's indemnifications and obligations under this Section 5, or any other provision of the Contract, shall not be limited by the provisions of any Workers' Compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers. 5.4 Insurance Requirements not Limiting. City does not, and shall not, waive any rights that.it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 5 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City. 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 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 Subcontractor Indemnity Agreements. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of the Contract. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom Contractor's Subcontractor bears legal liability) in the performance of the Contract. including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the Parties. 5.5 Survival. The provisions of this Section 5 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, 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 at all times during the term of this Contract carry, maintain and keep in full force and effect the insurance referenced in this Section 6. 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 Commercial General Liability, 6.1.2 Exhibit D-2 Automobile Liability. Additional Insured Endorsement - Additional Insured Endorsement - 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6:2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1787) 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 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 Additional Insureds. City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to Contractor or City. 6.5 Replacement Insurance. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by the Contract during the term of the Contract. Contractor agrees that if it does not keep the required insurance in full force: and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. This shall be. in addition to all other legal options available to City to enforce the insurance requirements. 6.6 Certificates of Insurance with Orioinal Endorsements. Contractor shall submit to City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements must be executed on City's forms titled "Additional Insured Endorsement," copies of which are attached as exhibits to this Contract, or on any other form that contains substantially the same terms and is approved by City's Risk Manager. The endorsements must specifically name the City of Seal Beach and its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials as insureds or additional insureds. Current insurance certificates and endorsements shall be .kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies at any time. 6.7 Deductibles and Self -Insured Retentions. Contractor shall inform. City of any deductibles or self-insured retentions except with respect to any professional liability insurance. 6.8 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.8.1 For any claims related to this Contract, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, volunteers and those City agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, volunteers or those City agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it. 6.8.2 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.8.3 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 calendar days prior written notice by first class mail has been given to C'tty. 6.8.4 Each insurance 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, volunteers, and those City agents serving as independent contractors in the role of City or agency officials. By executing this Agreement, Contractor waives all rights of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. 6.9 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. M 6.10 No Limitation on Indemnity. The insurance provisions shall not be construed to limit Contractor's indemnity obligations contained in this Contract or any other Contract Documents. 6.11 Insurance Requirements not Limiting. If Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 6, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. 6.12 Subcontractors. Contractor shall require each of its Subcontractors that perform services under the Contract to maintain insurance coverage that meets all of the requirements of the Contract including this Section 6. 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 does not void this Contract. 9. Notices. Any notices, bills, invoices, or reports authorized or required by this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211 -8th Street Seal Beach, California 90740 Telephone: (562) 431-2527 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 211 -8th Street Seal Beach, California 90740 If to Contractor: PUB Construction, Inc. 23545 Palomino Drive, #104 Diamond Bar, CA 91765 Telephone: (909) 455-0187 Fax: (909) 455-0188 Attn: Chris Chae Yong Yi 10. Non-Assidnability Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the'time Contractor performs the Services. 12. Non -Waiver of Terms Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 13. Attorneys' Fees. In the event that either party to this Contract shall commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys' fees. 14. Construction. The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the State of California, with venue in Orange County, California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Contract shall not be resolved by any rules of interpretation providing for interpretation 10 against the party who causes the uncertainty to exist or against the party who drafted the Contract or who drafted that portion of the Contract. 15. Workers' Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this. Contract." 16. Prevailing Wages, The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply, and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including but not limited to those set forth in Exhibits E and F, attached hereto. 17. Claim Dispute Resolution. 17.1 In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be characterized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. 17.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein. 18. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions. Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be 11 made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties. 19. Prohibited Interests: Conflict of Interest 19.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work under this Agreement. Contractor further covenants that, in performance of this Agreement, no person; having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Work. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 19.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate1his Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift.. 19.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non -contractual, financial,, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interestto City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 20. Entire Agreement. 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. 21. 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. 22. 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 any part of it. 12 23. 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. 24. 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. 13 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: PUB Construction, Inc., a :9� By. A. yrter, of Public Works �. �• T'�. Title: SrriPtar i (Please note, two signal res required for City Attorney corporations pursuant to California Corporations Code Section 313. 14 EXHIBIT A FAITHFUL PERFORMANCE BOND PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach ("City"), 23545 Palomino Dr. Suite 104, Diamond Bar, CA 91 Bond No. 30131842 Premium: $462.00 Premium is for contract tam and is subject to adjustment based on final contract price Executed in: 2 Cdunterparts awarded to PUB Construction, Inc. (Name and address of Contractor) ('Principal") a contract (the 'Contract") for the Work described as follows: RIVER'S END PARK FENCING (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and Western Surety Company 1000 Wilshire Blvd., Suite 1800, 18th. Floor, Los Angeles, CA 90017 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Thirty two Thousand Seventy., Four and 181100 Dollars ($ 32.074.18 ), 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 respectsaccording to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, .there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of Ilmitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representattve(s) pursuant to authority of its governing body. Dated: May 24, 2021 'Principal' PUB Construction, Inc. By: 41 Its chri; , ".4 e, t By: It "Surety" Western Surety Company By: egAZE iam Syrkin, Attomey-in-Fact By: s Its Sial O m V j' �'i; = J' .• %''.• G�ti� '`1i5 a ( ) Seal - a (Se8l) = a ; i mmm �S S Note This Bond must be executed in,duplicate and dated, alt signatures must be notarized, aril evr7re(,c the authority of any person: signing as attorney-in-fact must be attached. DATE OF BOND MUST ANT 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. CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On 05/25/2021 before me, Dan Perdue, Notary Public Date Here Insert Name and Title of the Officer personally appeared Chis Yi Nome(l of Signerk who proved to meon the basis of satisfactory evidence to be the person)!] whose nameN Is/d%p subscribed 3o the within instrument andacknowledged to me that he/gke/tRey executed the same in his/fter/ttf li authorized capacity(ibill and that by his/Xr/tNr slgnature(sl on the instrument the person(s), or the entity upon behalf of which the personkacted, executed the instrument. DAN PERDUE Notary Public • Wliomia _ - to an sim County Coploladon 0 2719974 'My Comm. Explrn Jan 28,20Z4 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the lawsof the State of California that the foregoing paragraph is true and correct. WITNESS my hand and /official seal. Signature �MCb / igno e'of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document Performance Bond 30131842 - Seal Beach Document Date: 05/24/2021 Number of Pages: Signer(s) Other Than Named Above: No Other SIL'ners Capacity(les) Claimed by Signer(s) Signer's Name: ChrisYi Signer's Name: 9Corporate Officer — Title President (%)� C3 Corporate Officer—7itle(s): ❑ Partner— [.Limited ❑ General ❑ Partner— ❑ Limited ❑ General Cl Individual D Attorney in Fact O Individual O Attorney in Fact El Trustee D Guardian or Conservator 0 Trustee O Guardian or Conservator D Other: D Other: Signer is Representing: PUB Construction, Inc. Signer is Representing: 02019 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE d: ✓ c�:c wK' 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 05/20/2021 before me, Lilima Gomel Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name(b).of SignerN who proved to me on the basis of satisfactory evidence to be the person(* whose name(4 isfare subscribed to the within instrument and acknowledged ,to,me that he/shefthey executed the same in his/het/theil authorized capacity, and that by his/had heir signaturete}on the instrument the person(* or the entity upon behalf of which the person(s) acted; executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and ;;o��fficial seal. -"-at yC Q Signature W Signature of Notary Public Place Notary Seal Above OP77ONAL Though this section is.optional, completing this information can deter alteration of the document or fraudulent. reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Performance Bond Nio.30131842 Document Date- 05/24/2021 Number of Pages:. Two(2) Signer(s) Other Than Named Above: Capacity(ies) Claimed bySigner(s) Signer's Name William Svrkin ❑ Corporate Officer — Title(s): O Partner — D Limited ❑ General ❑ Individual W Attorney in Fact D Trustee ❑ Guardian or Conservator D Other: Signer Is Representing: Western Suretv.Companv Signer's Name: D Corporate Officer — Title(s): O Partner — ❑ Limited D General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator D Other. Signer Is Representing: LILIMAGOMEZ _ /, Notary Pub&- California a � 1`C, Orange County s 1kQ�"__"%/.My _ Commission p 2243326 Comm. Expires May 20, 2022 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 ;;o��fficial seal. -"-at yC Q Signature W Signature of Notary Public Place Notary Seal Above OP77ONAL Though this section is.optional, completing this information can deter alteration of the document or fraudulent. reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Performance Bond Nio.30131842 Document Date- 05/24/2021 Number of Pages:. Two(2) Signer(s) Other Than Named Above: Capacity(ies) Claimed bySigner(s) Signer's Name William Svrkin ❑ Corporate Officer — Title(s): O Partner — D Limited ❑ General ❑ Individual W Attorney in Fact D Trustee ❑ Guardian or Conservator D Other: Signer Is Representing: Western Suretv.Companv Signer's Name: D Corporate Officer — Title(s): O Partner — ❑ Limited D General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator D Other. Signer Is Representing: Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL .ATTORNEY-IN-FACT Know All Men By'fhese Presents, That WESTERN SURETY COMPANY, a South Dakota corporation,. is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtueofthe Signature and seal. herein affixed hereby make, constitute and appoil-- Owen Brown, Richard Adair, William Syrldn, Sergio D Bechara, Margaret Gilmore, Rebecca_ Ilaas-Bates, Kathy Macias, Individually Of Irvine. CA, its uric and lawful Altomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory insuumems of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duty authorized officer of the cotporwion and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Wlmess Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 27th day of September, 2018. suurkeo WESTERN SURETY COMPANY lelffl/ g1111: ' rant T. Bruflat. Vice Resident State of South Dakota County of MianehahI a ss On this 27th day of September, 2018, before me personally mine Paul T. BmBat, to in, known, who, being by me. duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal: that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his namethereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires ,gq J. MOHR (f June 23, 2021 stwm"mu,ae.°Lwra°a{ iii CERTIFICATE J. Mohr; Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set ford, is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto Subscribed my name and affixed the seal of the said corporation this 24th day of May 202I - w e�;ZZZ WESTERN SURETY COMPANY "aoagrf`"i� �; ora L. Nelson evov nnzso-r.zomz , Assistant 8ecretaryry Go to www.cnasurety com > Owner / Obiigee Services > Validate Bond Coverage, if you want to verify bond authenticity. N° 3472 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO AMENDED Certificate of Authority Tats Is an CxRTurY, That, pursuant to the Insurance Coda of the State of California, WESTERN SURETY COMPANY of SIOUX FALLS, SOUTH DAKOTA . organized muter the laws of SOUTH DAKOTA , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all'provivans of this Certificate, the following clams of insurance: SURETY and LIABILITY as such classes are now or may hereafter be defined in the Insurance Laws of the State of Caltfamia. Tins CmmncA7x is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of CaHfor ala as long as such lata or requirements are in effect: and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WrrNM Wumzov, effective as of the--21ST-----day of_ --MARCH , 297.5_, I have hereunto set myhand and caused my oflWal seal to be affixed thk-21ST. pf_ MARCH. 1975 Fee WESLEY J. KINDER Iwronca Commtubwr Rec.No. Filed By `�/��L'CG ✓/o NOTICE. Qualificationwith the Secretary of State most be accomplished as required by the California Corporations Code promptly after ksuance of this Certificate of Authority. Failure to do w will be a violation of Lu. (.ode Sec. 701 and will he grounds for revo]dng thla Certificate of Authority puneant to the covenants made in the application therefor And the condition contained herein. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: Bond No. 30131842 Premium: $462.00 Premium.. is for contract term and is subject to adjustment basad on final con mct price Executed In: 2 counterparts WHEREAS the City of Seal Beach ("City'), has awarded to PUB Construction, Inc. 23545 Palomino Dr. Suite 104, Diamond Bar, CA 91765 (Name and address of Contractor) ("Principal") a contract (the "Contract") for the Work described as follows: RIVER'S END PARK FENCING (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. THEREFORE, ilshire Blvd., Suite (Name a the undersigned Principal, and western Surety Company 18th Floor,Los Angeles, CA 90017 ('Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Thiriy Two Thousand Seventy Four and't 8/100 Dollars ($ 32,074.18 1, 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 andprovisions in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and, reasonable expenses and fees, including reasonable attomeys'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 on 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 2B45 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original herauf, 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: May 24, 2021 "Pdncipo|" Construction, Inc. By: . A6 "Surety" Western Surety Company By: dL%.WKaM Syrkin, Attorney -in- Fact By: By: Its Its VO G SAO / 0 Note: This Bond must be executed in duplicate and,dated, all signatures must be notarized, and evidence of CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identityof 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 J] On 05125/2021 Date before me, Dan Perdue;:Notary Public Here Insert Nome and Title of the Officer personally appeared Chris Yi NameNof SignerNL who proved to me on the basis of satisfactory evidence to bathe personKwhose namejY Who subscribed to the within instrument and acknowledged to me that he/NpttRKy executed the same in his/Pter/thVjr authorized capacity(ii3t , and that by his/RQr/tNr signatureN on the instrument the personN,.or the entity upon behalf of which the person(Skacted, executed the instrument. emycoDAN PER[ w-wir"Ja Notary Public -Ln1 Angeles CQMty Commiow A 231997a2l. 2121 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document Performance Bond 30131842 -.Seal Beach Document Date: 05/24/2021 Number of Pages: Signer(s) Other Than Named Above: No OtherSigners Capacity(ies) Claimed by Signer(s) Signer's Name: Chris Yi if Corporate Officer — TitleN: President D Partner — ❑ Limited O General D Individual D Attorney in Fact ❑ Trustee D Guardian or Conservator D Other: Signer is Representing: PUB Construction, Inc. Public Signer's Name: D Corporate Officer — Title(s): D Partner— D Limited D General D Individual D Attorney in Fact D Trustee Cl Guardian or Conservator D Other. Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE — zr A notary public or other officer completingthls 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 05/20/2021 before me, Litima Gomez, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Svrkin NameKof Signer(`!) who proved to me on the basis of ,satisfactory evidence to be the person* whose name(!)- isime subscribed to the within instrument and acknowledged to me that he/shwlttiay executed the same in his/herAhair authorized capacity((*, and that by his/her/thev signaturet-4on the instrument the person(!)„ or the entity upon behalf of which the person(!) acted, executed the instrument. LILIANA GOMEZ z Notary Public California Ora nge'.ounty COMMI5510n; 2243326 llt0 My Comm. Expires May 20,.2022 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 'r`� Signature olrNotary Public v Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form town unintended document. Description of Attached Document Title or Type of Document: Performance Bond No:30131842 Document Date: 05/24/2021 Number of Pages: Two(2) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Sorkin ❑ Corporate Officer — TIIIe(s): 0 Partner — O Limited 0 General Olndividual [;d Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Western Surety Company Signer's Name: ❑ Corporate Officer — Title(s): 0 Partner — ❑ Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -PACT Know Ail Men Ry These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having ita principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed: hereby make, constitute and appoint Owen Brown, Richard Adair, William Syrkin, Sergio D Bechara, Margaret Gilmore, Rebecca Haas -Bates, Kathy Macias,. Individually or Irvine, CA; its we and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it therebyas fully and to the same extent as if such iwtmments were signed by a duly. authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 27th day or September, 2018. yprrr WESTERN SURETY COMPANY C S Y!iand T. Braflat, �O �4%rTrow°xP �+GC. Vice President State of South Dakota ss County of Minnchaha On this 27th day of September, 2018, before me personally came Paul T. Bruflat, to me known. who, being by melody sworn, did depose and say: that he resides in the City of Sioux Falls. State of South Dakota; that he is the Vice Presidem of WESTERMSURETY CONT-V14Y described in and which executed theaboveinstrument, that he knows the seal of said corporation; that the seal affixed to the said inanumera is such corporate'. seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he .signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. -My commission expires J. MOHR June 23. 2021 J. Mom. Notary Public CERTIFICATE L L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed an the reverse hereof is still in force. In testimony whereof t have hereumo subscribed my time and affixed the seal of the said corporation this 24th day of May 2021 1.0��`1an}}`Po; WESTERN SURETY COMPANY 1 H'A S? SE Ayy� Form Y42ap]¢pl2 I.. Nelson; Assistant Secretary Go to www.cnasoretycom > Owner J Obligee Services> Validate 5ond Coverage, if you want to verify bond authenticity. N 3472 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO AHMED Certificate of Authority Tats Is To CEn7nnx. That, purnsant to the Insurance Code of the State of California, WESTERN SURETY COMPANY Of SIOUX FALLS, SOUTH DAKOTA lams of SOUTH DAKOTA , organized under the sublect to its Articles of Incorporation or other fundamental organizational documents, is hereby authodwd to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: SURETY and LIABILITY as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. Twa CxxnFxc&ix is ezpressiy conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN Wmvrss Wffiaor, effective as of the -21ST --day of --MARCH , 197.5—, I Atone hereunto set my hand and cawed my official seal to be affized this-21ST— day of_ MARCH ,2975 . Fee WESLEY J. KINDER Gruraeca ConwrtWeos Rec. No. i D Filed By <� NOTICE: Qualification with the Secretary of State must be acmmpllehed as required by the CalHemia Corporation; Code promptly after issuance of this. Certificate of Authority. Failure to do an will be a violation of Ins. Code Sec. 701 tmd will he grnuudsforrevoking this Certifieate of Authority punuant to the covenants made in the applloation therefor and the mnditlons contained heroin. EXHIBIT B PAYMENT BOND (LABOR AND MATERIALS) Bond No. 30131842 Premium is included in the pedonnance bond PAYMENT BOND Executed in: 2 Counterparts (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach ("City"), State of California, has awarded to PUB Construction, Inc. 23545 Palomino Dr. Suite 104, Diamond Bar, CA 91765 ("Principal") (Name and address o/ Contractor) a contract (the "Contract") for the Work described as follows: RIVER'S END PARK FENCING (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 Western Surety Company 1000 Wilshire Blvd., Suite 1800, 18th Floor, Los Angeles, CA 90017 (Name and address or Surety) ('Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Thirty Two Thousand Seventy Four and 18/100 Dollars ($ 32,074.18 1, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit.is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give aright of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contractor the Specifications accompanying the same shall'in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: May 24, 2021 'Principal' PUB Construction, Inc. By: Its Ch 's Y; ars:drnr By: 117. uo Ice,, • •.0; ra ®lA (seal) G,1SAE "Surety' Western Surety Company BY %I Q W" : mSyrkin, Attorney -in -Fact By: �``d10xV0 = fL' — $ �3ans Note: This Bond must be executed in duplicate, and dated, all signatures mustbe notarized,; andevidence of the authoiity of any person signing as atromey-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. CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Los Angeles Jy On 05/25/2021 before me, Dan Perdue,.Notary Public Date Here Insert Name and Title of the Officer personallyappearedChrisYi NomeXof who proved to me on the basis of satisfactory evidence to be the person(!), whose nameN is/&V subscribed to the within Instrument and acknowledged tome that he/31%e/tRgy executed the same in his/FRrAh*r _authorized capacity(iN, and that by his/ItgrRflglr signatureN on the Instrument the person, or the entity upon behalf of which the personkacted, executed the instrument. I)AN PERDUE Notary public. California to r,nilat" County Commission P2119114 m 'Ay Com. ExPire Jan 26 , 2024 Place Notary Seal and/or Stomp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature , 1 ignot of Notary Public Completing this information con deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Payment Bond'30131842 - Seal Beach Document Date: 05/24/2021 Number of Pages: Signer(s) Other Than Named Above: No Other Signers Capacity(ies) Claimed by Signer(s) Signer'sName: Christi sf Corporate Officer — TitleN: President D Partner— D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer is Representing: PUB Construction, Inc. �)2019 National Notary Association Signer's Name: D Corporate Officer — Title(s): D Partner— D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer is Representing: CALIFORNIA ALL-PURPOSE CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the Identitypf the individual who :signerf 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 05/20/2021 before me, Liliana-Gomez, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin NameKof SignerN who proved to me on the basis of satisfactory evidence to be the Person* whose name(4,istare subscribed to the within instrument and acknowledged to me that he/She/theit execufeo, the same in p ty( , and that by his/r edtheir,signatureZ4on the hisfhefithair authorized ca aci i instrument the ,sem ( in or the entity upon behalf of which the persons) acted, executed the instrument. �\ LILIANA GOMEZ Notary Public -California (4 OrangeCounty 724 Commisaian ? 2243326 `�� My Comm. Expires May 20, ZOR Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct: WITNESS my hand and official seal - Signature 6f Notary Public ,,r OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond No.30131842 Document Date; 05/24/2021 Number of Pages: Two(2) Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: William Svrkin. ❑ Corporate Officer — Title(s): ❑ Partner ❑ Limited ❑ General El Individual W Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Western Suretv Comoanv Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 1i Limited ❑'General ❑ Individual ❑Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing 02014 National Notary Association • www.NationEiiNotary.org • 1-800-uS Item #5907 Western Surety Company POWER OF ATTORNEY APPOINTWG INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal. herein affixed hereby make, constitute and appoint Owen Brown„Richard Adair, William Svrkin, Sergio D Bechara, Margaret Gilmore, Rebecca Haas -Bates, Kathy Macias, Individually of Irvine, CA, its we and lawful Attorney(s)-in-Fact with fuII power and authority hereby conferred to sign, seat and execute for and an its behalf bonds, undertakings and other obligatory instruments of similar name - In Unlimited Amounts - and to hind it thereby as bully and to the sane extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Wltness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 27th day of September, 2018. NEry WESTERN SURETY COMPANY IF PET d e 'auI T. Bodw Vice President State of South Dakota as County of Minnchaha On this 27th day of September, 2018, before me personally came Paul T. Bmflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, Slate of South Dakota;: that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above inslmment that he knows the seal of said corporation; then the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges baric to be the act and deed or said corporation, My commission expires U: MOHR June 23, 2021 ' f. Moly; Notary Public CERTIFICATE I. L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 24th day of May 2021 WESTERN SURETY COMPANY / �• L. Nelson. Assistant Secretary Fom VQSO-7.2012 Go to www.cnasurety:com > Owner/ Obligee Services> Validate Bond Coverage, ifyou want to verify bond authenticity. N° 3472 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO AHMED Certificate of Authority THm Is TO CEwrvr. That, pursuant to the Insurance Codeof the State of California, WESTERN SURETY COMPANY of SIOUX FALLS, SOUTH DAKOTA organized under the Iowa of SOUTH DAKOTA , subject to fns ArdcW of. Incorporation or other fundamental organfrattond documents, it hereby authorized to transact within thin State, subject to all proofs ons of thin Certificate, the following classes of besuraroe: SURETY and LIABILITY as such classes are now or may hereafter be defined in the Insurance Laws of the State of California, Ties Ca:aTxvvc&m is expresdy conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws mid lawful requirements node under authority of the lam of the State of California as long as such Taws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN Wrrnssa WHEIM10F, effective as of the—_21ST _..day of_ MARCH , 1925_, I have hereunto set my hand and caused my official seal to be affixed this-,21ST— day of_ MARCH 1975 Fee WESLEY J. KINDER tssaemsu Comm swan Ree. No. Filed gy N1yrlCE: Qualification with the Secretary of State meat be accomplished es requited by the CaNernia Corporanonr Code ptomplly after Muance of this Certificate of Authority. Failure to do.w will be a violation of -her, Code Sen. 701 mel will he grnmids, forrevoking this CartiScate of Authority intention to the coyteants made in the appileation therefor and Ilse conditions contained herein. ro.. CO -3, PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: Bond No. 30131842 Premium is included in the performance bond Executed in: 2 Counterparts WHEREAS the City of Seal Beach'("City°), State of California, has awarded to PUB Construction, Inc. 23545 Palomino Dr.. Suite 104, Diamond Bar, CA 91765 ('Principal") (Name and address of Contractor) a contract (the °Contract) for the Work described as follows: RIVER'S END PARK FENCING (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, Western Surety Company 1000 Wilshire Blvd., Suite 1800, 18th Floor, Los Angeles, CA 90017 of Surety) ("Surety°) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Thirty Two Thousand Seventy Four and 131100 Dollars ($32,074.18 ), for materials fumished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations enfitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument; each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of"each corporate party being�.hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: May 24, 2021 °Principar "Surety" PUB Construction, Inc. Western Surety Company By: yL(.1==-r ItsChas %rs%ai�i , iamSyrkin, Attorney -in -Fact By. By: Its Its Seat .-:cis 1 7�' 'nnonu,„uno Note: This Sond must be executed in duplicate and dated, att signatures,must be notarized ,and evidence of the authority of any person signing as attomey-in-fact must be attached. DA TE OF BOND'RUST NOTRE BEFORE DATE OF CONTRACT. Surety companies execuUng,Bondsmust appearon-.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. CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On 05/25/2021 before me, Dan Perdue, Notary Public Date Here Insert Nome and Title of the Officer personally appeared Chris Yi NomeNof Signer(N,U who proved to me on the basis of satisfactory evidence to be the personN whose namely is/ffW subscribed to the within instrument and acknowledged to me that he/!NW/thQy executed the same In his/hgrAhNr authorized capacity(ibQ, and that by his/21vr/ttNr signatureN on the instrument the personN, or the entity upon behalf of which the persoriftacted, executed the instrument DAN PERDUE Notary Public - California Los Anyelm County E Commission 112319974 wy Comm. E»Ires kn 28; 2024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and Signature OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form, to on unintended document. Description of Attached Document Title or Type of Document: Payment Bond 30131842 - Seal Beach Document Date: 05/24/2021 Number of Pages: Signer(s) Other Than Named Above: No Other Signers Capacity(ies) Claimed by Signer(s) Signer's Name: Chris Yi lif Corporate Officer — Titley: President D Partner — D Limited ❑ General D Individual O Attorney in Fact D Trustee 0 Guardian or Conservator ❑ Other: Signer is Representing: PUB Construction Inc 02019 National. Notary Association Public Signer's Name: D Corporate Officer — Title(s): D Partner — ❑ Limited ❑ General ❑ Individual 0 Attorney in Fact D Trustee CI Guardian or Conservator ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notarypublic or other officer completing this certificate verifies only the identity of theindividual whosigned-thedocument to which this certificate is attached, and not the truthfulness, accuracy; or validity, of that document. State of California ) County of Oranee ) On 05/20/2021 before me, Lilian Gomez, Notary. Public Date Here Insert Name and Tide of the Officer personally appeared William Syrkin NameKof SignerN who proved to me on the basis of satisfactory evidence to be the persons) whose name(4 is/are subscribed to the within instrument and acknowledged to me that he/stie/they;executed the same in his/hedtheirauthorized capacity(t*, and that by his/hedtheir signature(s).on,the instrument the person(* or the entity "upon behalf of which the persons) acted, executed the instrument. /. �\ LILIANA(s7m Notary Public Call crnia i1'�N`i Orange Coun y t Commission # Z243326 ��� My Comm. Expires May 20, 2422 Place Notary Seat Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and tofficial seal. Signature Signaturdof Notary Public OPTIONAL Though this. section is optional, completing this information can deter alteration' of the document or fraudulent reattachment of this form to an unintendeddocument. Description of Attached Document Title or Type of Document: Payment Bond No.30131842 Document Number of Pages: Two(2) Signers) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Date: 05/24/2021 Signer's Name: William Svrkin Signer's Name: O Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — p Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual 1;1 Attorney in Fact ❑ Individual ❑ Attomey in Fact ❑ Trustee O Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator •Other:_ O Other. Signer Is Representing: Signer Is Representing: Westem Surety Comoanv 02014 National Notary Association • www.NationaiNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN, -FACT Know All Men By These Presents, Thai WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of. South Dakota, and that it does by virme of the signature and seal herein affxcd hereby make, constitute and appoint Owen Brown, Richard Adair, William Syrkin, Sergio D Bechara, Margaret Gilmore, Rebecca Haas -Bates, Kathy Macias, Individually of Irvine, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalfbonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the sarne cincnl as if suet, instruments were signed by a drily amhorized officeof die corporation and all the acts of said Attorney, pursuant to the authority hereby given, we hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 27th clay of September. 2018. vn^rrr• WESTERN SURETY COMPANY C� 'ail T. Bmflat, Vice President State of South Dakota as County of h5nnehaha On this 27th day of September, 2018, before me personally came Paul T. Bmflal, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Fells, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above ins rimeri; that he knows the seal of said corporation, that the seal affixed to the said instrument is. such corporate seal; that it was so affixed pursuant to authority, given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges some to be the act and deed of said corporation. My commission expires June 23, 2021 �evmurnn� �A'//If/�j` JJ J. Mohr, NotaryPublic CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY CONTANY do hereby certify, that the Power of Attnrney hereinabove set forth is still in force, and further certify [hat tine By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of thesaid corporation this 24th day of May 2021 roq°n WESTERN SURETY COMPANY sd. SOP ,�ya �a'�S£ Opy'Aa-�i 4rj„3F Assistant Secretary Forn F42a0-7-2012 Go to www.cnasuretV.com > owner/ Obligee Services > Validate Bond Coverage, if you want to verify bond'. authenticity. N° 3472 STATE OF CALMRNU DEPARTMENT OF INSURANCE SAN FRANCISCO AMENDED Certificate of Authority Tins Is To Cwn", That, pursuant to the Insurance Code of the State of CaW forma, WESTERN SURETY COMPANY Of SIOUX FALLS, SOUTH DAKOTA , organized ander the law of SOUTH DAKOTA , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the fdlmobng classes of insurance: SURETY and LIABILITY as such classes are now or may hereafter be defined in the Insurance Later of the State of California. Tms CEnmrtC Tz is expressly conditioned upon the holder hereof now and hereafter being in full compliance tuith all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the lata of the State of Callfornfa as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN. WrrNM WmaieoF, effective as of the 21ST ----day Of- MARCH „ 191i, I have hereunto set my hand and caused my official seal to be.affaed this -211 ST — day of MARCH 1875 Fee WESLEY J. KINDER lwuraea ConiWmem Ree. No. Filed By //uCCt'Gri�/ltd NOTBCE: Qwelifecation with the Secretary of State mint be actnmpiished as required by the California CoToretlom Code promptly after ix nenm of this Certificate of Autharlty. Feduie to do a MRbea•vblation of his.. Coda Sea 701 wad will be grounds for revoking this Certificate of Authority pttrnatnt to the covenants made in the applfcatbn therefor and the woditfons mntaineed herein. Fo.. CAJ m....,n...wrmw. EXHIBIT C WORKER'S COMPENSATION INSURANCE CERTIFICATE WORKERS' COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the City of Seal Beach ("City") has required certain insurance to be provided by: Pub Construction Inc. NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time: 1. This certificate is issued to: City of Seal Beach City Hall 211 81^ Street Seal Beach, California 90740 The insureds under such policy or policies are: 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 WSD 5044716 02 12/07/2020 12/07/2021 BY \I s A ari d Representative'^— -- AC011i CERTIFICATE OF LIABILITY INSURANCE ogrE (MM oom Y) iN./ 05120/2021 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER; AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holdecin lieu of such endorsement(s)CNTACT. PRODUCER NAME: Megan Hiles Foundation Risk Partners dba Millennium Risk Mgmt 8 Ins Services 'PHON a IS 8) 8444118 F (949) 679-7240 Bn: License 801093299 AODREss: MH ilkeQmcsins.com 550 N Brand Blvd 81100 INSURER(3) AFFORDING COVERAGE NAICp INSURERA, Insurance Company of the West 27847 Glendale, CA 91203 INSURED INSURER B Pub Construction Inc INSURER C 23545 Palomino Dr Ste A-104 INsuRER o: Diamond Bar, CA 91765 INSURER E: .INSURER F: COVERAGES CERTIFICATE NUMBER: 20-21 WC 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. TERMOR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS.SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF. INSURANCE SD MVO POLICY NUMBER POLICYEFF MMOO POUC MMNO .LIMITS Seal Beach CA 90740 COMMERCIALGENERAL LS ABILITY EACH OCCURRENCE S DAMAGE 'PREMISES Ea o¢vnmce S' CI -AIMS -MADE F7OCCUR MEDEXP(An one Person) S PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE S POLICY ❑ PRO- JECT LOC PRODUCTS - COMPIQP AUG S $ OTHER. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ IEe X%itlenll BODILY INJURY (Per Perron) $ ANY AUTO OWNED .SCHEDULED AUTOS ONLY AUTOS BODILY INJURY IPer eccw'enl) $ HIRED I NON -0 WD AUTOS ONLY AUTOS ONLY PROPERTYDA— E $ Peroaidenl $ UMBRELLALIAS OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS Loa CLAIMB-MADE DED I RETENTION $ s WORKER$ COMPENSATION PER OTH- A ANDEMPLOYERS' LINBILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERAIEMBER EXCLUDED? (MeMelary MNH) NIA WSD 564477602 12/07/2020 12(07/2021 STANTE ER E.T. EACH ACCIDENT $ 1.000,000 EL DISEASE - FA EMPLOYEE $ 1.000,000 N yes, Memee Umar DESCRI PTION OF OPERATI ONS WlI EL DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES fACORD In, A4tl4ional Remarks ScM4ule, may M MMPAed it men.Vete le nH;Xn tll Re: River's End Park Fencing Project. Evidence Of Insurance V W011-LU10 AUUKU UUKPURATION. All rights reserved. ACORD 25 (2016t63) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Seal Beach ACCORDANCE WITH THE POLICY PROVISIONS. City Hall AUTHORIZED REPRESENTATIVE 211 8W Street Seal Beach CA 90740 V W011-LU10 AUUKU UUKPURATION. All rights reserved. ACORD 25 (2016t63) The ACORD name and logo are registered marks of ACORD EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY (INSERT INSURANCE CERTIFICATE SNOWING COMMERCIAL GENERAL LIABILITY] ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE±GENERAL LIABILITY PUB Construction Inc, 23545 Palomino Dr #104 Name and address of named insured (`Named Insured"): and Diamond Bar, CA 91765 General description ofagreement(s), permit(s), license(s), and/oractivfty(res) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the 'Policy') or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach ('City°), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving_as independent contractors in the role of City officials, 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 with regard to operations performed by or on behalf of the NamedInsured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s)designated above, between the Named insured and the Additional Insureds, 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the. effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement 7, Company hereby waives all rights,of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance, 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 4 herein shall he 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 ENDO ENTATTACHES FROMITO LIABILITY Genera la I M, 5/3/2021-5/312022 1,000000 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Contractual Liability o Owners/Landlords/Tenants ❑ Manufacturers/Contractors ❑ Products/Completed Operations ❑ Broad Form Property Damage ❑ Extended Bodily Injury ❑ Broad Form Comprehensive CK General Liability Endorsement ❑ Explosion Hazard ❑ Collapse Hazard ❑ Underground Property Damage ilt Pollution Liability ❑ Liquor Liability 12. A ❑ deductible or u self-insured retention, (check one) of $ applies to all coverage(s) except: if none, so state). The deductible is applicable ❑ per claim orgt per occurrence (check one). 13. This is an R occurrence or ❑ claims made policy (check one). 14. This endorsement iseffective on &20J9n9 at 12:01 a.m. and forms a part of Policy Number in,Ani r1Mg47R-r1R I, Kathy Shin (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 May 20 , 202J_ Signature of — Authorized Representative (Original signature only, no facsimile signature Telephone No.: 788-0492 or initialed signature accepted) ACOROe CERTIFICATE OF LIABILITY INSURANCE DATE (MI&DR YI-I 1 LI 05/20/2021 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 REPRESENTATIVEOR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:. If the certificate holder is an ADDITIONAL. INSURED, the policy(les) must have ADDITIONAL INSURED provislons or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies, may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER CONTACT Kathy Shin Mime Insurance Services PLIF.0 Pyr; (714) 752-6987 'FAA lac,ya}:_(714) 844-4347 14251 Firestone Blvd Ste 120 miraeins.com ADDRESSEatmL kathy@miraeins.com : INSURERI AFFORDING COVERAGENI AICI INSURER A: COLONY INS CO 36927 La Mirada CA 90638 INSURED INSURER e: INFINITY SELECT INS CO 20260 PUB CONSTRUCTION INC INSURER C: TOPA INSURANCE COMPANY 18031 INSURER D: LLOYD'S OF LONDON 32727 23545 Palomino Drive #104 INSURER E: MARKEL INSURANCE COMPANY 38970 $ 5,000 INSURERF: DIAMOND BAR CA 91765 :ERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED -ABOVE FOR'TH6POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 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 MAV HAVE BEEN REDUCED BY PAID CLAIMS. ILR T rypE OEIN$UR INCE. iAODL EU a POLICY NUMBER MMIDO YM/EF OLID ICY EXP I LIMITS X COMMERCIAL GENERAL LIABILITY CLNM&MADE a OCCUR EACH OCCURRENCE I$ 1,000,000 -DAMAI_ PREMISES a acmirD PREMISES 1ER I-- s 100,000 - _29a}�_1 MED EXP (Any one persan),I $ 5,000 I's 1,000,000 A Y Y 103GL0009378-06 05/03/2021 05103/2022, PERSONAL S ADV INJURY t-G,E�N'L AGGREGATE LIMIT APPLIES PER. JCI POLICY �. JECTT ❑/X LOC I OTHER:. GENERALAGGREGATE (.$.2,000,000 PRODUCTS - COMPIOP AGG'.'1 2,000,000 Railroad $ $6,000,000 AUTOMOBILE X LIABILITY ANYAUTO I COMBINED BINGLELIM11 IEe accidanq I BODILY INJURY (Par person) :$ 1000,000 '$ B _.AUTOS OWNED(� SCHEDULED ONLY AUTOS Y Y 504-65879-6115-001 04/09/2021 04/09/2022 BODILY INJURY (Per accdenp $ HIRED NON -OWNED AUTOS ONLY _ AUTOS ONLY PROPERTY DAMAGE PeraalEent IS DEDUCTIBLE S 1,000 UMBRELLA UAB X OCCUR I EACH OCCURRENCE 18. 6.000,000 C X ezcess IAB CUIMS-MADE Y Y CNCO0200145-03 05/0312021 05/03/2022 .AGGREGATE Is 8,000,000 IXI EO IR NIN I$ WORKERS COMPENSATION gTATU(EACCI� J ETH_ AND EMPLOYER$'. LIABILILIABILITYYIN ANY PROPRIETORNARTNERrE%ECUTIVE OFFICERIMEMBER EXCLUDED? ❑ (Myemdatory In NH) DE, RtPTIONOFOPERATIONS below NIA I $ �.EL EACHDENT El DISEASE-EAEMPLOYEE,$ E.L. DISEASE - POLICYLIMIT'I$ CONTRACTORS $2,000,000 D POLLUTION LIABILITYPSJ07314586914 I 05/29/2021 05/29/2022 $2,OOD,000 Ded $10,000 $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Adidonal Remains Schedule. may be attached if mom space IS ragUired) - The City of Seal Beach ("City"), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the rale of City officials are additional insureds. City Manager City of Seal Beach City Hall 211 8th Street Seal Beach, CA 90740 ACORD 25 (2016103) SHOULD ANY OF THE ABOVE. DESCRIBED POLICIES. BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED' IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE U The ACORD name and logo are registered marks of ACORD 116]21 AGENCY CUSTOMER ID: LOC III: ACC " ADDITIONAL REMARKS SCHEDULE Page Of AGENCY Mime Insurance Services NAMED INSURED PUB CONSTRUCTION INC POLICY NUMBER CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM. 'FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance. •10 days notice of cancellation for non-payment of premium/ 30 days for all others apply. ACORD 101 (2008101) 02008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 103 GL 0009378-06 COMMERCIAL GENERAL LIABILITY CG 201007 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): Location(s) Of Covered Operations All persons or organizations as required by written contract As required by written contract. with the Named Insured Information required to complete this Schedule, if not shown above, will showninthe Declarations. A. Section. If — Who, Is An Insured is amended to include as an additional insured theperson(s) or organization(s)shown. in the Schedule, but only with respect to liability for "bodily injury", 'property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The actsor omissions of those acting on your behalf; in the performance of your ongoing operations for the additional:insured(s) at the location(s) desig- nated above. B. With respect to the .insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after:: 1. All work, including .materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed' by or on behalf of the additional insured(e) at -the location of the covered operations has.. been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its 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 0 ISO Properties, Inc., 2004 Page 1 of 1 103 GL 0009378-06 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 Insured Person(s) Or Organization(s): Location And Description Of Completed Operations All Persons or Organizations as required by written As required by written contract. contract with the Named Insured Information required to complete this Schedule, if not 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 0 ISO Properties, Inc., 2004 Page 1 of 1 103 GL 0009378-06 COMMERCU►L GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifiesinsurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations as requested by written contract with the Named Insured. Information required to complete this Schedule, if not shown above, will he shown in the Declarations. The following isadded to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section N— 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 withthat 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 D5 09 0 Insurance Services Office, Inc., 2008 Page 1 of I 103 GL 0009378-06 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION Thisendorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page i of 1 EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY (INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] and ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY company General description of agreement(s), permit(s), license(s), andlor acyvfty(fes) insurW Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows - 1 . ollows-1. The City of Seal Beach ("City"), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as Independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred tows the "Additional Insureds°) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the Insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the .policy against another insured under the policy. All such claims shall be covered as third -party claims, Le., in the'same manner as If separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability 29 provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such Insurance), includes liability assumed by the Named Insured under the indemnification andfor hold harmlessprovision(s) contained or executed in conjunction with the written agreement(s) or perrnit(sj designated above, between the Named Insured and the Additional Insureds. 6. The policy. to which this.. endorsement is -attached shall not be subject to cancellation, change In coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the soopepf theirduties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by,or on behal(of the,Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. B. It is hereby agreed that the taws,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 Seat 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 fo which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS POLICY PERIOD LIMITS OF, . ENDORSEMENT ATTACHES FROMITO UABILITY Automobile Liability 4/9/2021-419/2022 $1,000;000 Umbrelia Liability. 5/3/2021-5/3/2022 g.000,000 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: yt Any Automobiles ❑ All Owned Automobiles of Non -owned Automobiles gt Hired Automobiles ❑ Scheduled Automobiles o Garage Coverage o Truckers Coverage ❑ Motor Carrier Act ❑ Bus Regulatory Reform Act ❑ Public Livery Coverage 12. A qt deductible or ❑ self-insured retention (check one). of $1.000, . applies to all coverage(s) except- g ) it none, so state). The deductible is a per occurrence (check one). applicable ❑ per claim or qt 13. This is an g occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on 520/ 0 1 at 12:01 a.m. and forms a part of Policy Number 504-65879-61'15-001 I, Kathy Shin (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 May 20 , 202,L_ Telephone No.: (ZAA 768-0492 }l -� Srgnat of uthorzed Representative (Original signature airy; no facsimile signature or initialed signature accepted) EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & 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;50D), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid.as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (t) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103:5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was. awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre -qualification questionnaire and financial statement. Failure of the Bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the Contract and shall result in the forfeiture of the security of the Bidder. LicenseNo.: 799469 Class: A.B.(l44.13 ('4N Expiration Date: Date: f-20-1021 EXHIBIT F AGREEMENT TO COMPLY WITH 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 a[I applicable provisions of California law, including but not limited to the following: 1. Contractor acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the Calffomia 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: "1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract." Date Signature fJi EXHIBIT G STANDARD SPECIFICATIONS AND REFERENCE DOCUMENTS 1. Standard Specifications for Public Works Construction ("Greenbook") 2. Construction SpecificationsInstitute ("CSI") EXHIBIT H NON -COLLUSION DECLARATION NONCOLLUSION DECLARATION FORM TO BE EXECUTED. BY BIDDER AND SUBMITTED WITH BID [Public Contract Code Section 7106] The undersigned declares: I am the Prrsiderni of PUA 0,nn.Sfrithar W.... the party making the foregoing Bid. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited, any other Bidder to put in a false or sham Bid. The Bidder has not directly or indirectly colluded, conspired;, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding: The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bi&price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly; submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information for data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any Person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute; and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 5-20-2611 [date], at 1liamnnr/ AA'- [city], ('n1ifl) rhin [state]. Project Name: R Ve'6 End Park Fenrina Legal Business Name of Bidder PIlR Pnnsfrurfinn Inc. Business Address 11%5 Palnminn 7)r... #llW lkimnn Rig PA g2A5 Business Tel. No. 909-15.5-n1 R7 Signature: Signature: Printed Name: rhrit W Printed Name: Date: .5-10-11)1/ Date: This form must be notarized. CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On 05/20/2021 before me, Dan Perdue, Notary Public Date Here Insert Nome and Title of the Officer personally appeared Chris Yi NomeNof Signer(! who proved to me on the basis of satisfactory evidence to be the personN whose nameN is/&,- subscribed to the within Instrument and acknowledged to me that heANWANQy executed the same in hisNr/ttNr authorized capacity(i7!(), and that by his/Ner/tftr signatureN on the instrument the personN, or the entity upon behalf of which the persoriftacted, executed the instrument. DAN PERDUE Notary Public • blHornia las Anpaln CauMy Comminim R 2319974 Ny Comm: Expires Jan 20, 2024 Place Notary Seal. and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.. WITNESS my hand and official seal. Signature 7 IISiginqXre of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Noncollusion Declaration - City of Seal Beach Document Date: 05/20/2021 Number of Pages: Signer(s) Other Than Named Above: No Other Signers Capacity(ies) Claimed by Signer(s) Signer's Name: Chris Yi if Corporate Officer — TitleN: President D Partner — O Limited O General D Individual ❑ Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer is Representing: PUB Construction, Inc. Signer's Name: D Corporate Officer — Title(s): D Partner— D Limited ❑ General O Individual O Attorney in Fact D Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: - O2019 National Notary Association EXHIBIT I CONTRACTOR'S INDUSTRIAL SAFETY RECORD CONTRACTOR'S INDUSTRIAL SAFETY RECORD Bidders Name PU(i 'nnetrurfinn Ivir The m/ormauon required for mese rams is the. same as required for columns 3 to 6. Code 10, Occupational Injuries, Summary—Occupational Injuries and Illnesses, OSHA No. 102. Legal Business Name of Bidder Pitt; Cnnsfnrrfinnr lnr Business Address: 2U45 palnminn Dr. anony'.,,»e,d Bo.,ra orrsr Business Tel.. No.: gnq.kSs-AIGF State Contractors License No. and Classification: 7RR6Rk' A, R, its (3; f54 Title ;fit... V, patidmf 4;r Current Year of 2020 2019 2016 2017 2016 Total Record Number of contracts Iff 15' Total dollar amount of contracts (in thousands of donars) 00,000,000sr Number of fatalities Number of lost workday cases O O O Number of lost workday man ft volving permanent transfer to another job or termination of employment The m/ormauon required for mese rams is the. same as required for columns 3 to 6. Code 10, Occupational Injuries, Summary—Occupational Injuries and Illnesses, OSHA No. 102. Legal Business Name of Bidder Pitt; Cnnsfnrrfinnr lnr Business Address: 2U45 palnminn Dr. anony'.,,»e,d Bo.,ra orrsr Business Tel.. No.: gnq.kSs-AIGF State Contractors License No. and Classification: 7RR6Rk' A, R, its (3; f54 Title ;fit... V, patidmf 4;r EXHIBIT J DESIGNATION OF SUBCONTRACTORS DESIGNATION OF SUBCONTRACTORS [Public Contract Code Section 4104) List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a. portion of the Work or improvement according to detailed drawings contained in the Plans and Specfications, in an amount in excess of one-half percent (0.5%) of the. Contractor's total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half percent (0.5%) of the Contractor's total Bid or $10,000, whichever is greater. If all. Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors. Name under which Subcontractor is. Licensed and Registered CSLB License Numbers) and Class(es) DIR Contractor Registration Number Address and Phone Number Type of Work (e.g.. Electrical) Percentage of Total Bid (e.g., 10%)' Pr a 11e•, f txo 07 14W099407 ON VAkw Aga. o /ro ubrks pao ' The percentage of the total Bid shall represent the "portion of the work" for the purposes of Public Contract Code Section 4104(b). EXHIBIT K ACCEPTED BID PROPOSAL [CIA !_]■1I_\N Work Order Signature Document EZIQC Contract No.: CA08-SCI-GB01-080719-PUB New Work Order ❑ Modify an Existing Work Order Work Order Number.: 092029.00 Work Order Date: 05/14/2021 Work Order Title: Seal Beach - Rivers End Park Railing Owner Name: CALIFORNIA - City of Seal Beach Contractor Name: PUB Construction, Inc. Contact Iris Lee Contact Sean Chiew Phone: 562-431-2527 Phone: 909-455-0187 Work to be Performed Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA08-SCI-GBOt-080719-PUB. Brief Work Order Description: Add Galvanized Railing Between Bike Path and Play Area Time of Performance Estimated Start Date: Estimated Completion Date: Liquidated Damages Will apply: 1*1 Will. nota : Work Order Firm Fixed Price: $32,074.18 Owner Purchase Order Number: Approvals CALIFORNIA - City of Seal Beach Date Contractor Date Work Order Signature Document Page 1 of 1 5/14/2021 Sourcewell 17,W Detailed Scope of Work To: Sean Chiew PUB Construction, Inc. 23545 Palomino Drive Diamond Bar, CA 91765 909-455-0187 Date Printed: May 14, 2021 Work Order Number: 092029.00 Work Order Title: Seal Beach - Rivers End Park Railing G vR D IANO From: Iris Lee CALIFORNIA- City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 562-431-2527 Brief Scope: Add Galvanized Railing Between Bike Path and Play Area Preliminary Revised FX Final The following items detail the scope of workas discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. PUB construction to install roughly 80' long 42" high fence at city of Seal Beach. PUB to install new fence with concrete footing, and 2 coat paint. Below are the detailed lists of work. - Install roughly 80' long x 42" high fences with. I ea gate. - Install fence with 4" dia. 6" deep footing on every posts. - Paint fences - City ol' Seal Beach to provide color. General Inclusion by GC and Subcontractor. • I year warranty from the date of construction completion. • General jobsite supervision. • General jobsitecleaning + final cleaning. • Jobsite covering/protection (dust protection). • Fence forjobsite protection. • Provide shop drawing prior to construction. • Prevailing wage rates shall apply. Exclusions Permit, inspection. Subject to the terms and conditions of JOC.Contract CA08-SCI-GB01-080719-PUB. Contractor CALIFORNIA - City of Seal Beach scope of Work Date Date Page 1 of 1 5/14/2021 Contractor's Price Proposal - Summary Date: May 14, 2021 Re: IQC Master Contract #: CA08-SCI-GBOl-080719-PUB Work Order #: 092029.00 Owner PO #: $3,177.26 Title: Seal Beach- Rivers End Park Railing Contractor: PUB Construction, Inc. Proposal Value: $32,07418 Section - 01 $4,705.67 Section - 05 $21,748.80 Section - 09 $1,058.06 Section - 32 $3,177.26 Section - 46 $1,384.39 Proposal Total $32,074.18 Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding. Contractor's Price Proposal - Summary Page 1 of 1 5/14/2021 Contractor's Price Proposal - Detail Date: May 14, 2021 Re: IQC Master Contract#: CA08-SCI-G1301-080719-PUB Work Order #: 092029.00 Owner PO #: (Excludes) Title: Seal Beach - Rivers End Park Railing Contractor: PUB Construction, Inc. Proposal Value: $32,074.18 Sect. Item Mod. UOM Description Line Total Labor Equip. Material (Excludes) Section - 01 1 01 22 16 00 0002 EA Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible $690,44 costs. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal. Quantity Unit Price Factor Total Installation 627.67 x 1.00 x 1.1000 = 690.44 Bond cost (2% of original contract amount): $31,383174 X 2% = $627.67 = $627.67 X 1'.1 (factor) = $690.44 Total Contract amount: $32,074.18 2 01 22 20 00 0017 HR LaborerFor tasks not included in the Construction Task Catalogo and as $304.35 directed by owner only. Quantity Unit Price Factor Total Installation 400 x 74.50 x 1.0213 - 304.35 Mobilization / Demobilization: 2 labor x 2 hours = 4 his. 3 01 22 20 000070 HR Flagperson For Traffic Control $608.69 Quantity Unit Price Factor Total Installation 800 x 74.50 x 1.0213 608.69 1 flagperson for 1 day (8 hours) during material mobilization equipment mobilization etc.. to protect public 4 01 22 23 00 0269 DAY 700 LB Capacity, 36" Wide, Skid -Steer Loader With Full --Time Operator $962.79 Quantity Unit Price Factor Total Installation 1.00 x 942.71 x 1.0213 962.79 Skid Steer Loader for footings - 22 ea. 5 01 22 23 00 0299 DAY Auger Attachment (Excludes Bits And Extensions) For Skid -Steer Loaders $79.03 Quantity Unit Price Factor Total Installation 1.00 x 77.38 x 1.0213 79.03 Auger attachment for Skid Steer Loader 6 01 52 19 00 0002 WK Portable Chemical Toilet $85.09 Quantity Unit. Price Factor Total Installation 2,00 x 41.66 x 1.0213 85.09, Portable toilet for 2 weeks. 7 01 52 19 00 0002 0004 MOD For Each Additional Servicing Per Unit Per Week, Add $51.07 Quantity Unit Price Factor Total Installation 2.00 x 25.00 x 1.0213 51.07 8 01 52 19 00 0002 0005 MOD For Delivery, Add $36 .77 Quantity Unit Price Factor Total Installation 1.00 x 36.00 x= 1.0213 36.77 Price Proposal- Detail Page 1 of 5/14/2021 Contractor's Price Proposal - Detail Continues.. Work Order Number: 092029.00 Work Order Title: Seal Beach - Rivers End Park Railing Section - 01 9 01 56 26 00 0006 LF Temporary 8' High Chain Link Fence And Posts, Up To 6 Months 5860.34 Quantity Unit Price Factor Total Installation 180.00 x 4.68 x 1.0213 860.34 Roughly 180 If of 8high chain link fence to be placed forjobsite and public protection 10 01 56 26 00 0006 0076 MOD For Shade Cloth, Add $661.80 Quantity Unit Price Factor Total Installation 180.00 x 3.60 x 1.0213 661.80 ii 01 66 19 00 0047 CY Transfer Delivered Materials Distances Greater Than 125', Per CY Of Material S119,49 Per 125' Quantity Unit Price Factor Total Installation 20 00 x 5.85 x 1.0213 11949 Roughly 20 CY of construction materials to be delivered from parking to jobsite. 12 01 74 13 00.0003 CY Collect Existing Debris And Load Into Truck Or DumpsterPer CY of debris $223.87 removed. Quantity Unit Price Factor Total Installation 10.00 x 21.92 x 1,0213 223,87 Roughly 10 CY of construction debris to be cleaned out. 13 01 74 16 00 0004 MSF Sweeper/Vacuum/Sprayer For Parking Lots, Streets And Roads $21,94 Quantity Unit Price Factor Total Installation 100 x 21.48 x 1.0213 21,94 Roughly 1 MSF to clean jobsite and street. Subtotal for Section - 01 $4,705.67 Section - 05 14 05 12 23 000136 LF 1/4"Vertical Fillet Weld $5,17448 Quantity Unit Price Factor Total Installation 284.00 x 17.84 x 1.0213 5,174.48 Total length of fillet weld per bay - Post to Horizontal Beam - 10" x 2 as x 2 (top and bottom) = 40" Horizontal Beam to Pickets - 65" x 10 as x 2 (top and bottom) = 130" Total = 170" x 20 as bays = 3,400" = 284' 15 05 12 23 00 0703 LF 1-1/4" x 1-1/4'x 0.12" Square Steel Tubing $8,338.71 Quantity Unit Price Factor Total Installation 1120.00 x 7.29 x 1.0213 8,33871 New Steel Fence - Approx. 801f. Total 20 bays. 16 pickets per bay = total 320 pickets x 42" high = 1, 1201f, 16 05 12 23 00 0703 0030 MOD For Galvanized Steel, Add $3,443.01 Quantity Unit Price Factor Total Installation 1120.00 x 3.01 x 1.0213 3,443.01 17 05 12 23 00 0705 LF 2" x 2" x 0.12" Square Steel Tubing $1,980.51 Quantity Unit Price Factor Total Installation 160.00 x 12.12 x 1.0213 1,980.50 New Steel Fence - Approx. 801f Bar at top and bottom = 801f x 2 as = 160 If. 18 05 12 23 00 0705 0030 MOD For Galvanized Steel, Add $818.67 Quantity Unit Price Factor Total Installation 160.00 x 5.01 x 10213 = 818.67 Contractor's Price Proposal- Detail Page 2 of 4 5/14/2021 Contractor's Price Proposal - Detail Continues.. Work Order Number: 092029.00 Work Order Title: Seal Beach - Rivers End Park Railing Section - 05 19 05 12 23 00 0714 LF 2-1/2' x 2-1/2" x 3/16" Square Steel Tubing 24 $1,441.59 13 13 OOD6 Quantity Unit Price Factor Total $134.47 Installation 88.00 x 1604 x 1.0213 1.441.59 Quantity Unit Price New Steel Fence - Approx. 801f x 48" H. (42" high + 6" deep embedment) Total Steel Post every 4' = 80/4 = (20 ea +2 at both ends) x 48" = 88 If. 1.0213 388.91 20 05 12 23 000714 0030 MOD For Galvanized' Steel, Add 80' x 42' = 280 sf x 2 for both sides = 560 sf. $551.83 Quantity Unit Price Factor Total Installation 88.00 x 6.14 x 1.0213 - 551.83 Subtotal for Section - 05 $21,748.80 Section - 09 24 32 31 13 13 OOD6 VLF 4' Diameter Hole, Auger By Machine Fence Post Hole In Soil 21 09 91 13 000352 SF Paint Picket Fence, 1 Coat Primer, Brush/Roller $134.47 $388.91 Quantity Unit Price Factor Total Installation 560.00 x 0.68 x 1.0213 388.91 10213 = 134.47 80' x 42' = 280 sf x 2 for both sides = 560 sf. 22 09 91 13 00 0353 SF Paint Picket Fence, 1 Coat, Brush/Roller $388.91 32 31 Quantity Unit Price Factor Total $90,10 Installation 560.00 x 0.68 x 1.0213 388.91 Quantity Unit Price Factor 80' x 42" = 280 sf x 2 for both sides ='560 sf. 23 09 91 13 00 0354 SF Paint Picket Fence, Each Additional Coat, Brush/Roller 1.0213 90.10 $280.24 Quantity Unit Price Factor Total Installation 560.00 x 0.49 x 1.0213 280'24 13 13 D767 EA 2' Galvanized Post Cap Replacement 80' x 42" = 280 sf x 2 for both sides = 560. sf. $2,210.17 Subtotal for Section - 09 Quantity Unit Price Factor $1,058.06 Section - 32 24 32 31 13 13 OOD6 VLF 4' Diameter Hole, Auger By Machine Fence Post Hole In Soil $134.47 Quantity Unit Price Factor Total Installation 1100 x 1187 x 10213 = 134.47 22 ea total footings of 6" deep = 11' 25 32 31 13 13 0023 VLF 4' Diameter, Concrete Fill For Post Hole $90,10 Quantity Unit Price Factor Total Installation 11.00 x 8.02 x 1.0213 90.10 22 ea total footings of 6' deep = 11' 26 32 31 13 13 D767 EA 2' Galvanized Post Cap Replacement $2,210.17 Quantity Unit Price Factor Total Installation 42600 x 5.08 x 1.0213 - 2,210'17 Pickets = 200 ea. x 2 lop and bottom = 400 ea. Horizontal Bars 2 ea x 2 top and bottom =.4 ea. Posts = 22 ea 27 32 31 19 00 0070 EA 5' Wide x 4' High Steel Tube Single Swing Gatelncludes mounting hardware $681.16 and associated trim. Quantity Unit Price Factor Total Installation 100 x 666.95 x 1.0213 681.16 60"x42" high steel gate. 28 32 31 19 00 0070 0131 MOD For 1" Square x 14 Gauge Pickets, Add $61.36 Quantity Unit Price Factor Total Installation 100 x 60.08 x 1.0213 51.36 Contractor's Price Proposal - Detail Page 3 of 4 5/14/2021 Contractor's Price Proposal- Detail Continues.. Work Order Number: 092029.00 Work Order Title: Seal Beach - Rivers End Park Railing Subtotal for Section - 32 $3,177.26 Section - 46 29 46 82 83 002719 EA Certified Drawingsi Per Product Type $1,384.39 Quantity Unit Price Factor Total Installation 1200 x 112.96 x 1.0213 1,384.39 Shop drawings for new fences. Subcontractor's cost is $1,200 00, Subtotal for Section - 46 $1,384.39 Proposal Total This total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding. $32,074.18 Contractor's Price Proposal - Detail Page 4 of 4 5/14/2021 Subcontractor Listing Date: May 14, 2021 Re: IQC Master Contract #: Work Order #: Owner PO If Title: Contractor. Proposal Value: CA08-SCI-GB01-060719-PU B 092029.00 Seal Beach - Rivers End Park Railing PUB Construction, Inc. $32,074.18 G RDI` N(D is Name of,Contractor,. •.. Duues:" ._ •.°\� _..� _. .... IONIX CONSTRUCTION INC Painting Subcontractor $1,80006 5.61 Precision Iron Works Fence fabricator/installer $28700,001 89.48 Subcontractor Listing Page 1 of'1 5/14/2021 /, EXHIBIT L SOURCEWELL INDEFINITE QUANTITY CONSTRUCTION AGREEMENT IDocuSign Envelope ID: AEA722C0-E7CA-41BC-92F1-6A9CDF5333D3 Sourcewell &aa Forms ly NJPA INDEFINITE QUANTITY CONSTRUCTION AGREEMENT IFB NUMBER: CA08-SCI-GB01-080719 G EOG RAP H IC AREA: State of California -Region 8— Southern Coastal and Interior This Agreement dated August 28, 2019, by and between Sourcewell (Formerly NJPA) and PUB Construction, Inc., at the following address,, 23545 Palomino Dr., #104 Diamond Bar, CA 91765 hereinafter referred to as the CONTRACTOR. WITNESSETH: Sourcewell and CONTRACTOR for the consideration hereafter agree as follows: ARTICLE 1. CONTRACT DOCUMENTS A. Contract Documents: This Agreement; the IFB Documents as issued (Book 1- Project Information, Instructions to Bidders and Execution Documents; Book 2 - IQCC Standard Terms and Conditions and General Conditions; Book 3 - Construction Task Catalog (CTC); Book 4 - Technical Specifications; and Addenda thereto); all payment and performance bonds (if any), material and workmanship bonds (if any); wage rate decisions and certified payroll records (if any); Notice of Award; all modifications issued thereto, including Supplemental Purchase Orders/Change Orders and written interpretations and all Purchase Orders and accompanying documents (Requests for Proposals; Detailed Scopes.of Work, Purchase Order Proposals, etc.) issued hereunder. B. The terms and conditions of a Purchase Order issued by a Sourcewell Member in connection with any Project, including supplemental technical specifications referenced therein, shall govern. C. The Contractor shall, within two (2) business days of receipt of a Purchase Order from a Sourcewell Member, provide notification to Sourcewell or their designated representative of each Purchase Order by forwarding a copy of the Purchase Order via email to PO@EZIQC.com or via facsimile to (864) 233- 9100. D. The Contractor shall, within two (2) business days of sending an Invoice to a Sourcewell Member, provide notification to Sourcewell ortheir designated representative of each Invoice by forwarding a copy of the Invoice via email to Invoice@EZIQC.com or via facsimile to (864) 233-9100. ARTICLE 2. SCOPE OF WORK A. The Contractor shall provide the services required to develop each Purchase Order in accordance with the procedures for developing Purchase Orders set forth in the IQCC Standard Terms and Conditions and the Contract Documents. AUGUST 2019 INDEFINITE QUANITY CONSTRUCTION AGREEMENT DocuSign Envelope ID. AEA722C0-E7CA-41BC-92F1-6A9CDF5333D3 B. Each Purchase Order developed in accordance with this Agreement will be issued by an individual Sourcewell Member. The Purchase Order will require the Contractorto perform the Detailed Scope of Work within the Purchase Order Completion Time for the Purchase Order Price. C. It is anticipated that the Contractor will perform Work primarily in the Geographic Area set forth above. However, the parties may agree that the Contractor can perform Work in a different Geographic Area at its current Adjustment Factors. ARTICLE 3. THE AGREEMENT PRICE A. This Agreement is an indefinite -quantity contract for construction work and services. The. Estimated Annual Value of this Agreement is $4,700,000. This is only an estimate and may increase or decrease at the discretion ofSourcewell. B. The Contractor shall perform angor all Tasks in the Construction Task Catalog for the Unit Price appearing therein multiplied by the following Adjustment Factors: TO BE ENTERED BY SOURCEWELL: a. Normal Working Hours Prevailing Wage: Work performed from 7:00am until 4:00pm Monday to Friday, except holidays. Contractor shall perform Tasks during Normal Working Hours for the Unit Price set forth in the CTCmultiplied by the Adjustment Factor of: 1.0054 (Specify to four (4) decimal places) b. Other Than Normal Working Hours Prevailing Wage: Work performed from 4:00pm to 7:00am Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.0162 (Specify to four (4) decimal places) C. Normal Working Hours-OSHPD and Secured Areas: Work performed from 7:00am until 4:00pm Monday to Friday, except holidays. Contractor shall perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.0216 (Specify to four (4) decimal places) d. Other Than Normal Working Hours-OSHPD and Secured Areas: Work performed from 4:00pm to 7:00am Monday to Friday, and any time Saturday, Sunday and Holidays. Contractor shall perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.0324 (Specify to four (4) decimal places) AUGUST 2019 INDEFINITE QUANITY CONSTRUCTION AGREEMENT DocuSign Envelope ID: AEA722C0-UGA-418C-92F1-6A9CDF5333D3 e. Non Pre -priced Adjustment Factor: To be applied to Work deemed not to be included in the CTC but within the general scope of the work: 1.1351 (Specify to four (4) decimal places) ARTICLE 4. TERM OF THE AGREEMENT A. This Agreement has an initial term of one (1) year and a bilateral option provision for three (3) additional terms. The total term of the Agreement cannot exceed four (4) years. One additional one- year renewal extension may be offered by Sourcewell to Contractor beyond the.original three-year term if Sourcewell deems such action to be in the best interests of Sourcewell and its Members. The Contractor may withdraw from the Agreement on each anniversary of the award, provided that the Contractor gives 60 Days written notice of its intent to withdraw. Sourcewell may, for any reason, terminate this Agreement at anytime. B. All Purchase Orders issued during a term of this Agreement shall be valid and in effect notwithstanding that the Detailed Scope of Work may be performed, payments may be made, and the guarantee period may continue, after such term has expired. All terms and conditions of the Agreement apply to each Purchase Order. ARTICLE 5. SOFTWARE LICENSING A. Sourcewell selected The Gordian Group's (Gordian) software, data and services (IQCC System) for their IQCC program. The system includes Gordian's proprietary ezIQC, eGordian and Bid Safe IQCC applications (IQCC Applications) and construction cost data (Construction Task Catalog), which shall be used by the Contractor to prepare and submit Price Proposals, subcontractor lists, and other requirements specified by Sourcewell and Sourcewell Members. The Contractor's use, in whole or in part, of Gordian's IQCC Applications and Construction Task Catalog and other proprietary materials provided by Gordian for any purpose other than to execute work under this Agreement for Sourcewell and Sourcewell Members is strictly prohibited unless otherwise stated in writing by Gordian. The Contractor hereby agrees to abide by the terms of the following IQCC System License: ARTICLE 6. IQCC SYSTEM LICENSE A. Gordian hereby grants to the Contractor, and the Contractor hereby accepts from Gordian for the term of this Agreement or Gordian's contract with Sourcewell, whichever is shorter, a non-exclusive right, privilege, and license to Gordian's proprietary IQCC System and related proprietary materials (collectively referred to as "Proprietary Information") to be used for the sole purpose of executing Contractor's responsibilities to Sourcewell and Sourcewell Members under this Agreement ("Limited Purpose"). The Contractor hereby agrees that Proprietary Information shall include, but is not limited to, Gordian's IQCC Applications and support documentation, Construction Task Catalog, training materials, marketing materials and any other proprietary materials provided to Contractor by Gordian. In the event this Agreement expires or terminates as provided herein, or the Gordian's contract with Sourcewell expires or terminates, this IQCC System License shall terminate and the Contractor shall return all Proprietary Information in its possession to Gordian. B. Contractor acknowledges that Gordian shall retain exclusive ownership of all proprietary rights to the Proprietary Information, including all U.S. and international intellectual property and other rights such as patents, trademarks, copyrights and trade secrets. Contractor shall have no right or interest in any AUGUST 2019 INDEFINITE QUANITY CONSTRUCTION AGREEMENT DocuSign Envelope ID: AEA722C0-E7CA-418C-92F1-6A9CDF533303 C. portion of the Proprietary Information except the right to use the Proprietary Information for the Limited Purpose set forth herein. Except in furtherance of the Limited Purpose, Contractor shall not distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form), any portion of the Proprietary Information. D. Contractor acknowledges and agrees to respect the copyrights, trademarks, trade secrets, and other proprietary rights of Gordian in the Proprietary Information during and after the term of this Agreement and shall at all times maintain complete confidentiality with regard to the Proprietary Information provided to Contractor, subject to federal, state and local laws related to public disclosure. Contractor further acknowledges that a breach of any of the terms of this Agreement by Contractor will result in irreparable harm to Gordian for which monetary damages would be an inadequate remedy, and Gordian shall be entitled to injunctive relief (without the necessity of posting a bond) as well as all other monetary remedies available at law or in equity. In the event that it becomes necessary for either party to this IQCC System License to enforce the provisions of this Agreement or to obtain redress for the breach or violation of any of its provisions, whether by litigation, arbitration or other proceedings, the prevailing party shall be entitled to recover from the other party all costs and expenses associated with such proceedings, including reasonable attorney's fees. E. In the event of a conflict in terms and conditions between this IQCC System License and any other terms and conditions of this Agreement or any Purchase Order, Order or similar purchasing document (Purchase Order) issued by Sourcewell or a Sourcewell Member, this IQCC System License shall take precedence. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. 0 Do uSgne by: Sourcewell E �� corozniasoosa 9 Authorized Signature Jeremy Schwartz -Director of Operations & Procurement/CPO Print Name D cuSfyned by: Contractor I/1��t Ul nSgPaE2FAlos24De_. Authorized Signature Chris Yi - President Print Name Contract Number: CA08-SCI-GB01-080719-PUB AUGUST 2019 INDEFINITE QUANITY CONSTRUCTION. AGREEMENT DocuSign Envelope ID: 6E848753-2DE0-41BD-A5FA-F9E7FDF31123 ANNUAL. RENEWAL AND MODIFICATION OF AGREEMENT made by and between PUB Construction, Inc. 23545 Palomino Drive Diamond Bar, CA 91765 and Sou rcewel I 202 12th Street NE PO Bos 219 Staples, MN 56479 Phone: (218) 894-1930 or(888)894-1930 Whereas: "Vendor' and "Sourcewell" have entered into 1) an "Acceptance of Bid and IFB CA08-SCI-GB01-08()719=PUB" with an effective date of -August 28, 2019, a maturity date of August 27, 2023, and which are subject to annual renewals at the option of both parties. MODIFICATION: FIRST RENEWAL OPTION PERIOD Pursuant to the agreement between the parties, the following are the Adjustment Factors for the next option period: Base Year Base Average 11193.9608 Option Year Date Index I July 2018 11 116.07 2 August 2018 11124.49 3 September 2018 1 1 169.87 4 October 2018 1 1 169.68 5 November 2018 1 1 183.93 6 December 2018 11 185.44 7 January 2019 11 205.73 8 February 2019 11217.90 9 March 2019 11227.88 10 April 2019 11228.07 11 May 2019 11229.99 12 June 2019 11268.48 Base Average 11193.9608 Option Year Option Average 11371.2525 Price Adjustment: First Year Index Average = 113712525 = 1.0158 Base Year Index Average 11193.9608 Date Index I July 2019 11291.80 2 August 2019 11311.06 3 September 2019 11311.24 4 October 2019 1 1326.12 5 November 2019 11 J80.83 6 December 2019 11381.53 7 January 2020 11392.41 8 February 2020 11396.01 9 March 2020 1 1396.97 10 April 2020 11412.67 11 May 2020 11418.16' 12 June 2020 11436.23 Option Average 11371.2525 Price Adjustment: First Year Index Average = 113712525 = 1.0158 Base Year Index Average 11193.9608 DocuSign Envelope ID: 6E848753-2DE0-41 BD-A5FA-F9E7FDF31123 Now therefore: "Vendor" and "Sourcewell" hereby desire and agree to extend and renew the above defined contracts and with the above identified modifications for the period of August 28, 2020 through August 27. 2031. Sourcewell By: [)o"4 SJuvur~, Name printed or typed: Date:7/8/2020 1 11:29 PM CDT Its: Director of Cooperative Contracts and Procurement/CPO ,Jeremy Schwartz PUB Construction, Inc. - #CA08-SCI-GB01-080719-PUB By: w,w_ Its: Secretary Name printed or typed: cnr i s v1 Date: 7/8/2020 1 12:40 PM CDT Ifyou do not want to extend contract, please sign below and return this agreement. Discontinue: We desire to discontinue the contract. Signature: , Date: OPTION AAA'ARD MULTIPLIER PRICE ADJUSTMENT = .c MULTIPLIER CA08-SCI-CB01-080719-PUB Non-prepriced 1.0000 I. I15 1 Normal Working, Hours - OSHPD &, 1.0316 I.0158 1.0177 Secured At Normal Working Hours. Prevailing 1.00 4 I:01 i8 I.0311 Wa,e Other Than Normal Working Hours 1-0, L01.8 L0487 - OSHPD & Secured Areas 34 Other Than Normal \Vorking Hours 1.0162 1.0158 1.0123 Prevailing Wage Now therefore: "Vendor" and "Sourcewell" hereby desire and agree to extend and renew the above defined contracts and with the above identified modifications for the period of August 28, 2020 through August 27. 2031. Sourcewell By: [)o"4 SJuvur~, Name printed or typed: Date:7/8/2020 1 11:29 PM CDT Its: Director of Cooperative Contracts and Procurement/CPO ,Jeremy Schwartz PUB Construction, Inc. - #CA08-SCI-GB01-080719-PUB By: w,w_ Its: Secretary Name printed or typed: cnr i s v1 Date: 7/8/2020 1 12:40 PM CDT Ifyou do not want to extend contract, please sign below and return this agreement. Discontinue: We desire to discontinue the contract. Signature: , Date: