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HomeMy WebLinkAboutAGMT - Noble E&C, Inc (City Hall Exterior Stairway Rehabilitation CIP BG2102)RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1111111111111111111111111111111111111111111111111111111111 NO FEE *$ R 0 0 1 3 4 3 0 0 1 0$* 20210007697612:42 pm 12/27121 63 410A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 Space of above this line for Recorder's use. JAINrv`` -' �• , *** No Recording Fee Pursuant to Government Code Section 6103, 27n'�+ ClL&KV UK nP r._QI1114011=T1nM_ -, .*. JAN 0,6 2022 V CITY CLERK Notice pursuant to Civil Code Section 9204, must be filed within 15 days after coon ffkbr®f sEAL BEACH Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 — 8th Street, Seal Beach, CA 90740. .V. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on October 07, 2021. The work was City Hall Exterior Stairway Rehabilitation, CIP. BG2102. 6. The name of the contractor(s), if any, for such improvement was: Noble E&C, Inc. The date of the Contract Award was June 14, 2021. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: 211 8th Street, Seal Beach, CA 90740. Date: 'S Steve gyiter, P.E., Director of Public Works City of Seal Beach - Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant bf the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on l�%��Z> , 2021, at Seal Beach, California. (D`ate of Signature) Steve Myrter, P. E., Director of Public Works City of Seal Beach PUBLIC WORKS AGREEMENT CITY HALL EXTERIOR STAIRWAY REHABILITATION PROJECT CIP NO. BG2102 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 M Noble E&C, Inc. 21643 Birch Hill Drive Diamond Bar, CA 91765 (714)334-0002 THIS CONTRACT ("Contract") is made as of June 14, 2021, by and between the City of Seal Beach, a California charter city ("City"), and Noble E&C, Inc., a California corporation, ("Contractor"). RECITALS A. WHEREAS, the City Council has approved the plans and specifications for The City Hall Exterior Stairway Rehabilitation ("Project") with respect to design criteria; and B. WHEREAS, Contractor has submitted a Bid to City for the Project dated May 25, 2021 in the amount of $114,700 ("Bid" hereinafter). The Bid is attached hereto and contains, among other things, provisions defining the Project scope. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: CONTRACT Contractor's Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work ("Work") required by this Contract and the documents listed in Subsection 1.2 for the Project. 1.2 Contract Documents. The "Contract Documents" that comprise the agreement between the City and the Contractor are the: Notice Inviting Sealed Bids, Instructions to Bidders, Accepted Bid Proposal Form, Non -Collusion Declaration, Bid Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms for Check or Bond, Specifications, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of Bid opening setting forth any modifications or interpretations of any of said documents, this Contract, Exhibits attached to this Contract, including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers' Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F), Indemnification and Hold Harmless Contract (Exhibit G), Accepted Bid Proposal Form and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Contract. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 1.4 In the event of any material discrepancy between the express provisions of this Contract and the provisions of the other Contract Documents, the provisions of this Contract shall prevail. 2. Effective Date. This Contract is effective as of June 14, 2021 (the "Effective Date"), and shall remain in full force and effect until Contractor has rendered the services required by this Contract. 3. Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of $114,700, subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 4. Contractor's Personnel. 4.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Contract. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Indemnification. 5.1 Contractor's Duty. Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") free and harmless from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim," collectively, "Claims"), in any manner arising out of or incident to the performance of the Contract, including without limitation, the payment of all consequential damages and attorneys' fees and other related costs and expenses. Further, Contractor shall appoint competent defense counsel, at Contractor's own cost, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of the Contract that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Contract. Contractor shall reimburse the City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims and liability regardless ofwhether _any insurance policies are applicable. 5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1, Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any Bid protest. 5.3 Civil Code Exception. Nothing in this Section 5 shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City's active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract. 5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. 5.6 Survival. The provisions of this Section 5 shall survive the termination of the Contract and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 6. Insurance. 6.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subcontractors. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D-1: Additional Insured Endorsement Commercial General Liability. 6.1.2 Exhibit D-2: Additional Insured Endorsement - Automobile Liability. 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B). 6.2.4 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Contract or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 6.3.3 Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and Workers' Compensation Insurance in the amount required by law. 6.4 Deductibles and Self -Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance. 6.5 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.5.1 City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. 6.5.2 For any claims related to this Contract, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it. 6.5.3 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5.4 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. 6.5.5 Each insurance policy, except for any professional liability policy, required by this Section 6 shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City or agency officials. 6.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's Risk Manager. 6.7 Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 7. Liquidated Damages. Should the Contractor fail to complete the Project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $500.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the Project within the allotted time and to the value of the operation of the works dependent thereon. It 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: Noble E&C, Inc. 21643 Birch Hill Drive Diamond Bar, CA 91765 Telephone: (714) 334-0002 Attn: Hyun Joo Oh, President 10. Non -Assignability: Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12. Non -Waiver of Terms. Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 13. Attorneys' Fees. In the event that either party to this Contract shall commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys' fees. 14. Construction. The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the State of California, with venue in Orange County, California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Contract shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract or who drafted that portion of the Contract. 15. Workers' Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract." 16. Prevailing Wages. The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply. 17. Entire Contract. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Contract supersedes all prior oral or written negotiations, representations, or agreements. This Contract may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Contract. 18. Severability. The invalidity in whole or in part of any provisions of this Contract shall not void or affect the validity of the other provisions of this Contract. 19. Titles and Headings. The titles and headings used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it. 20. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 21. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Contract as of the date first written above. CITY OF SEAL BEACH CONTRACTOR: Nobel E&C, Inc., a California Corporation By: By: ill ngram, City snag r 1 Name: FJkk A t Jon d� Attest:cy�� ATE By: O 0Qp4'�6 . 2 GI ra 0. Harp r, City Clerlll _ ?� Approved as to Form: By: C 'g Steele, City Attorney (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313. EXHIBIT A FAITHFUL PERFORMANCE BOND ISSUED IN DUPLICATE Bond No. CIC1909968 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach ("City"), has awarded to Noble E&C, Inc. 21643 Birch Hill Dr, Diamond Bar, CA 91765 ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: CITY HALL EXTERIOR STAIRWAY REHABILITATION PROJECT, CIP NO. BG2102 (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 Capitol Indemnity Corporation 1600 Aspen Commons, Suite 300, Middleton, WI 53562 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of One Hundred Fourteen Thousand Seven Hundred & 00/100 Dollars ($114,700.00 ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: 06/17/2021 "Principal" Noble E&C, Inc. 21643 Birch Hill Dr, Diamond Bar, CA 91765 By: L Its By: Its (Seal) "Surety" Capitol Indemnity Corporation 1600 Aspen �Commons, Suite 300, Middleton, WI 53562 By: Its ster A. Ramire ; usky, Attorney -in -Fact By: Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attomey-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must 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. CAPITOL INDEMNITY CORPORATION CIC1 909968 POWER OF ATTORNEY Bond Number KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint ABEL ACOSTA; GABBY ACOSTA; HOPE E OLSEN; RM. FRIEDIK; ESTER A. RAMIREZ-SADUSKY; ESTEBAN FLORES its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED: $20,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 15th day of May, 2002. "RESOLVED, that the President, Executive Vice President, Vice President, Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attorney(s)-in-fact each appointee in have the powers and duties usual to such offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surely company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION corporate seal to be hereto affixed duly attested, this tat day of January, 2020. Attest: 'rt//I Ryan J. Byrnes Senior Vice President, Chief Financial Officer and Treasurer Suzanne M. Broadbent Assistant Secretary STATE OF WISCONSIN COUNTY OF DANE I S.S.: has caused these presents to be signed by its officer undersigned and its CAPITOL INDEMNITY CORPORATION (:�� l "t. John L. Sennott, Jr. Chief Executive Officer and President On the 1st day of January, 2020 before me personally came John L. Sermon, Jr., to me known, who being by me duly swom, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is Chief Executive Officer and President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his time thereto by like order. yyxxwuwq xp J. REa a 1 David J. Regale Notary Public, Dane Co., WI en STATE OF WISCONSIN l S.S_:ipp My Commission Is Permanent COUNTY OF DANE J iummm` I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City of Middleton, State of Wisconsin this 17th day of June 20 21 am % BRAT• 9 My�jnAp� �d� Andrew B. Diaz -Mattis - - '�umasmnaar'° Senior Vice President, General Counsel and Secretary THIS DOCUMENT HAS BEEN GENERATED FOZ A SPECIFIC BOND. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-4754450. CIC-ePOA-M (Rev. 01-2020) STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N4 08590 SAN FRANCISCO Certificate of Authority THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, Capitol Indemnity Corporation Of Wisconsin , organized under the laws of Wisconsin , subject to its Articles of Incorporation or otherfundamental organizational documents, is hereby authorized to transact within the State, .subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass. -Liability, Boiler and Machinery, Burglary, Sprinkler, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws oj'the State oj'California. THIS CERTIFICATE 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 California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter he changed or amended. IN WITNESS WHEREOF, effective as of the.- _ — 24 th __. day of September 2008 , I have hereunto set my hand and caused my official seal to be affixed this 24th day of September 2008 UZ Steve Poizner fwuransB Commissioner san J. Stapp or Jim Richardson pV,tyx Chief Deputy NOTICE: Q"alification with the Secretary of State: miser be accornpiished as required by the. California Corporations Code promptly after issuance of this Certificate Of.Authority. Failure to do so will be a violation of Insurance Code Section 701 and will be grounds fm' invoking this Certificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein. t'o. C& 3 fW OSP W 3sni CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verses 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 06/17/2021 before me, Esteban Flores Notary Public, (Here insert time and title of the officer) personally appeared Ester A. Ramirez-Sadusky who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signal= of Notary Public ,�;°'>4 ESTEBAN FLORES Notary Public. Califomia .. Los Angeles County Commission # 2335260 • ' „°.;Pj y Comm. Expires Oct 11, 2024 — (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bond No. CIC1909968 (Tide or description of attached document) N/A (Title or description of attached document continued) Number of Pages tour Document Date 06/17/2021 N/A (Additional information) CAPACITY CLAMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑r Attomey-in-Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the nomry section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefullyforproper nomrral wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her time as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/shelthey, is /ere) or circling the correct fortes. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression most be clear and photographically reproducible. Impression most not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C 2004-2015 ProUASiping Service. Inc. -All slights Neurved www.ThePw1Jnkmm - Nationwide Notary S,mce EXHIBIT B PAYMENT BOND ISSUED IN DUPLICATE Bond No. CIC1909968 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that WHEREAS the City of Seal Beach ("City"), State of California, has awarded to Noble E&C, Inc. 21643 Birch Hill Dr, Diamond Bar, CA 91765 ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: CITY HALL EXTERIOR STAIRWAY REHABILITATION PROJECT, CIP NO. BG2102 (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 Capitol Indemnity Corporation 1600 Aspen Commons, Suite 300, Middleton, WI 53562 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of _ One Hundred Fourteen Thousand Seven Hundred & 00/100 Dollars ($114,700.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: 0611712021 'Prmdpai" "Surety" Noble €&C, -Inc. Capitol Indemnity Corporation 21643 Birch Hill Dr, Diamond Bar, CA 91765 1600 Aspen Commons, Suite 300, Middleton, ff-53562 By: `' By: It �� Its ster A. Ramirez- usky, Attorney -in -Fact By: By: Its Its (Seal) (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attomey-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. CAPITOL INDEMNITY CORPORATION CIC1909968 POWER OF ATTORNEY Bond Number KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint ABEL ACOSTA; GABBY ACOSTA; HOPE E OLSEN; RM. FRIEDIK; ESTER A. RAMIREZ-SADUSKY; ESTEBAN FLORES its true and lawful Attomey(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED: $20,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 15th day of May, 2002. "RESOLVED, that the President, Executive Vice President, Vice President, Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attomey(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to beheretoaffixed duly attested, this 1st day of January, 2020. Attest: //f) 1 0nittaatuuwp CAPITOL INDEMNITY CORPORATION Ryan J. Byrnes � J�_ . _ Senior Vice President, Chief Financial macer and Treasurer g' ' John L. Sennott, Jr. f; � Chief Executive Officer and President Suzanne M. Broadbent //np////jlt11i1NpH\N Assistant Secretary STATE OF WISCONSIN } COUNTY OF DANE S.S.: On the 1st day of January, 2020 before me personally came John L. Sennett, Jr., to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is Chief Executive Officer and President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his time thereto by like order. eeur o, #0TAf(, 4 David J. Regele Notary Public, Dane Co., WI STATE OF WISCONSIN -'pp ""'fin' ` My Commission Is Permanent COUNTY OF DANE S.S.: ReO I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City of Middleton, State oflMaconsin this 17th day of June 20 21 ��5EAL Andrew B. Diaz -Mates 0y"x,Nbw %%% Senior Vice President, General Counsel and Secretary THIS DOCUMENT HAS BEEN GENERATED FOR A SPECIFIC BOND. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-473-4450. CIC-ePOA-M (Rev. 01-2020) STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N4 08590 SAN FRANCISCO Certificate of Authority THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, Capitol Indemnity Corporation t,f Wisconsin , organized under the Laws of Wisconsin , subject to its Articles oflncorporation or otherfundamental organizational documents, is hereby auahorized to transact within the ,State, ,subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate G1ass,'Liability, Boiler and Machinery, Burglary, Sprinkler, and Miscellaneous as such classes are now or may heregfter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE 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 California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter he changed or amended IN WITNESS WHEREOF, effective as of the ._._ __ 24 th dad, of September 2008 , I have hereunto set my hand and caused my official seal to be affixed this 24th day of September 2008 Uz Steve Poizner insuran_W Commissitmer �CCSsan J. Stapp or Jim Richardson i�Z¢xttyx Chief Deputy NOTICE: Qualification with the Secretary of -State mixt be -accomplished as required by the California Corporations Code promptly after issuance of this Certificate o:4uthori;y. FNdure to do so will be a violation of Insurance Code Section 701 and will be grounds for revoking iris Cortiticato of Authnrty-pursuant to the convenants made in rhe application therefor and the conditions contained herzm. FORM CB,3 - ( cepw sceal CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which th s cert ficate s attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On 06/17/2021 before me, Esteban Flores , Notary Public, (Here insert time and title of the officer) personally appeared Ester A. Ramirez-Sadusky who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), 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. � ., ESTEBAN FLORES WITNESS my hand and official seal. = Notary pamm • California aM1 Los Angeles County ission # /i Comm.Expires Oct1,0 'tit a"�""My om. Expires ct 11, 2024 Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bond No.CIC1909968 (Title or description of attached document) N/A (title or description of attached document continued) Number of Pages four Document Date 06/17/2021 N/A (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) +❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefullyfor proper notarial wording and attach this form ifrequired. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural fortes by crossing off incorrect forms (i.e. he/shehhey, is /ere) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public most match the signature on file with the office of the county clerk. O Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C 20042015 ProLink Signing SeMce.lnc.- An Rights Rcu,ved w nrl`ral.inkmm- Nationwide Notary Service EXHIBIT C WORKER'S COMPENSATION INSURANCE CERTIFICATE C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 10 04 13 WORKERS' COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the City of Seal Beach ("City") has required certain insurance to be provided by: State Compensation Insurance Fund 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: This certificate is issued to: City of Seal Beach City Hall 211 811 Street Seal Beach, California 90740 The insureds under such policy or policies are: Noble E&C, Inc. 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: 0 Policy Number Effective Date Expiration Date 9256924-2021 7/4/21 7/4/22 Its Authorized Representative ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE IM512021 Dans/2o21 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 les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Christopher Chong NAME: CAL-KOR Insurance Services PAHICNE Est, (213) 387-5000 FAX Na (213) 388-8595 ADDRESS: 3200 Wilshire Blvd INSURERS) AFFORDING COVERAGE NAIL# Ste 1700 -South Tower INSURER A: Evanston Insurance Company Los Angeles CA 90010 INSURED INSURER 8: SCIF 35076 Noble E&C, Inc. INSURER C: Scottsdale Insurance Company INSURER o: 21643 Birch Hill Dr. INSURERS: 1 INSURER F: Diamond Bar CA 90621 COVERAGES CERTIFICATE NUMBER: CLI98842346 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OFINSURANCE INSD win) POLICVNUMBER MMIDD UP MMMDIYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLIIMSMADE OCCUR PREMISES Ee ecanence E 100,000 MED EXP (Any one person) E 5,000 PERSONAL B ADV INJURY E 1,000,000 A Y Y 3AA430278 10/18/2020 10/18/2021 GEN -L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE E 2,000,000 X POLICY E PRO- ❑LOC JECT PRODUCTS-COMPIOPAGG S 2,000,000 E OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE UNIT S Eaa ddenr BODILY INJURY(Per"mon) $ ANYAUTO OMED SCHEDULED AUTOS ONLY AUTOS BODILY INJURV(Peraot&mQ $ 1PROPERTY DAMAGE E FW.den HIRED I NON -OWNED AUTOS ONLY AUTOS ONLY E UMBRELLA LIABOCCUR EACH OCCURRENCE E 2,000,000 AGGREGATE E 2,000,000 A x EXCESS UAB CLNMS-MADE EZXS3035653 10/18/2020 10/18/2021 OED I I RETENTION S $ B WORKERS COMPENSATION ANDEMPLOVERTUABIUTYY/ N ANY EMBER/ EXCWRIEXECUTIVE ❑ OFFICEory Im NH) EXCLUDED'! (Manddtory in NH) NIA 9256924-2020 07/04/2020 07/04/2021 PER OTH- IN STATUTE ER E.L. EACH ACCIDENT E 1,000,000 E.L. DISEASE -EA EMPLOYEE E 1,000,000 yes,under DESCRIPTIONOF OPERATIONS below D E. L. DISEASE -POLICY LIMIT $ 1,000,000 Pollution Occurrence Limit 1,000,000 C CPMOL104393 10/08/2020 10/08/2021 Aggregate Limit 1,000,000 Deductible 10,000 DESCNPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 181, Additional Remarks Schedule, may M attached if more space is Muired) The certificate holder is named as additional insured. Waiver Of Subrogation and Primary and Non-contributory included. Underlying business auto is included in excess liability. CERTIFICATE HOLDER CANCELLATION 0199&2016ACORD CORPORATION. All rights reserved. ACORD 26 (2016/03) 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. 211 -8th Street AUTHORIZED REPRESENTATIVE Seal Beach CA 90740 0199&2016ACORD CORPORATION. All rights reserved. ACORD 26 (2016/03) The ACORD name and logo are registered marks of ACORD EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY (INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] ® ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 07/13/2021 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 REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER CONTACT Christopher Chong NAME: CAL-KOR Insurance Services AIC Na Extl: (213) 387-5000 FAX No): (213) 388-8595 E-MAIL ADDRESS: 3200 Wilshire Blvd INSURER(S) AFFORDING COVERAGE NAICN Ste 1700 - South Tower INSURERA: Evanston Insurance Company Los Angeles CA 90010 INSURED INSURER B: SCIF 35076 INSURER C: Scottsdale Insurance Company Noble E&C, Inc, INSURER D: 21643 Birch Hill Dr. INSURER E: INSURER F: Diamond Bar CA 90621 COVERAGES CERTIFICATE NUMBER: CL198842345 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DOL INSD SUUK WVD POLICY NUMBER POLICY EFF MWDO POLICY E%P MM/DD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE FX] OCCUR PREMISES Ea occurrence $ 100,000 MEDEXP An one ersonl $ 5,000 PERSONAL a ADV INJURY $ 1,000,000 A Y Y 3AA430278 10/18/2020 10/18/2021 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY EPRO LOC ECT PRODUCTS - COMP/OPAGG $ 2.000,000 $ OTHER' AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) E PROPERTY DAMAGE $ Per accident HIRED NON -OWNED AUTOS ONLY AUTOS ONLY E UMBRELLA UAB OCCUR EACH OCCURRENCE $ 2.000,000 AGGREGATE $ 2,000,000 A X EXCESS LIAB CLAIMS -MADE EZXS3035653 10/18/2020 10/18/2021 DED I I RETENTION $ E B WORKERS COMPENSATION EMPLOYERSVUABIUTY YIN ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? F-1 (Mandatory in NH) NIA 9256924-2021 07/04/2021 07/04/2022 X STATUTE ETH AND EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1.000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 Occurrence Limit 1,000,000 Pollution C CPMOL104393 10/08/2020 10/08/2021 Aggregate Limit 1,000,000 Deductible 10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe a Cached if more space is required) The certificate holder is named as additional insured. Waiver of Subrogation and Primary and Non-contributory included. CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2018/03) 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. 211 -8th Street AUTHORIZED REPRESENTATIVE Seal Beach CA 90740 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2018/03) The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Noble E&C, Inc. Name and address of named insured ("Named Insured'): Evanston Insurance Company Name and address of insurance company ("Company'): General Liability General description of agreement(s), permit(s), license(s), and/or activfty(ies) 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, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 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 81^ Street Seal Beach, CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES Genera la I I POLICY PERIOD FROM/TO 10/1812a=M-8/21 LIMITS OF LIABILITY $1,00607$2,000,000 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Contractual Liability ❑ Owners/Landlords/Tenants ❑ Manufacturers/Contractors ❑ Products/Completed Operations ❑ Broad Form Property Damage ❑ Extended Bodily Injury ❑ Broad Form Comprehensive m General Liability Endorsement ❑ Explosion Hazard ❑ Collapse Hazard ❑ Underground Property Damage ❑ Pollution Liability ❑ Liquor Liability 12. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all coverage(s) except: if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one). 13. This is an o occurrence or ❑ claims made policy (check one). 143�t i 5ndor ment is effective on 10/18/20 at 12:01 a.m. and forms a part of Policy Number 1, Marbin Jung(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 July 7 20 21 Signature of Authoriz66 Representative (Original signature only; no facsimile signature Telephone No.: (90856-6945 _� or initialed signature accepted) EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] D 5 YANG INSURANCE 1370 VALLEY VISTA 200 DIAMOND BAR, CA 91765 1-714-476-6448 Certificate of Insurance PROGREll/UE COMMERCIAL Policy number: 00422521-2 Underwritten by: UNITED FINANCIAL CAS CO June 23, 2021 Page 1 of 2 Certificate Holder .._....... ......._ _. _.... _. _... _...... ........ _. __. _. _.... ......... ...... ......... Additional Insured CITY OF SEAL BEACH 211 -8TH STREET SEAL BEACH, CA 90740 Insured ................................................................................................................................................................................................... Agent/Surplus lines Broker NOBLEE&C INC DSYANGINSURANCE 21643 BIRCH HILL DR 1370 VALLEY VISTA 200 DIAMOND BAR, CA 91765 DIAMOND BAR, CA 91765 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. ...................................................................................................................... Policy Effective Date: Feb 8, 2021 Policy Expiration Date: Feb 8, 2022 Insurance coverage(s) Limits ......................................................................................... BODILYINIURY/PROPERTY DAMAGE .M-BINE...........JIM'I................................................. ...... $1,000,OOOCOMBINEDSINGLELIMIT .......................................................................................................................000,000 UNINSURED/UNDERINSURED MOTORIST $1, COMBINED SINGLE LIMIT ...................................................... ............................................................................................................................................................................. ANYAUTO BODILY INJURY/PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT Description of LocationNehicles/Special Items Scheduled autos only 2006 HONDA RIDGELINE2H1YK16566H530706 UNINSURED MOTORIST PROPERTY DAMAGE $3,500 MEDICAL PAYMENTS $5,000 ROADSIDE ASSISTANCE SELECTED Conhni Policy number: 00422521-2 Paget of Z Certificate number 17421NET521 Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. Form 6241 (10102) Additional insured endorsement Name of Person or Organization City of Seal Beach 211 -8th Street Seal Beach, CA 90740 PH99HEII/1/E' Policy number: 00422521.2 undemm""en by; United financial Casualty Co. it mr!xt: Noble E&C INC Policy Period: 021'0812021 — WCO2022 Mailing Address United firarcal C'asw!'N Co. PO 0cx 84739 Ue eeand, 0H 44101 1.800.444-4497 For aatomar service, 24 howl d day, 2 days a week the person or nrgar12ation named above is an insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to said insured only as a person liabe for the conduct of another insured and then, only tc the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power ural specifically described on the Declarations Page. Limit of Liability Bodily Injury each persond each accident Property Damage each accident Combined Liability $1,000,000 each accident All other terms, limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number: 00422521-2 Issued to (Naive of Insured): Noble E&C INC Effective date or endursernent 062312021 Policy expiration date: 02/08/2022 h Cl EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.151 [Public Contract Code § 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre -qualification questionnaire and financial statement. Failure of the Bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the Contract and shall result in the forfeiture of the security of the Bidder. License No.: 1019602 Class: B Expiration Date: 10/31/22 06/29/21 EXHIBIT F LABOR LAW REQUIREMENTS AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the Work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract." Date 06/29/21 Signature EXHIBIT G INDEMNIFICATION AND HOLD HARMLESS AGREEMENT INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION OFFICIAL TITLE OF PROJECT: CITY HALL EXTERIOR STAIRWAY REHABILITATION PROJECT CIP, NO. BG2102 Indemnitor(s) (list all names): Joo W. Kim To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above -referenced contract, agreement, license, or permit (the "Contract") or the performance or failure to perform any term, provision, covenant, or condition of the Contract, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Contract and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Contract is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Contract or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Contract as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor" Name Joo W. Kim Name: By: L By: _ ns Its EXHIBIT H ACCEPTED BID PROPOSAL BID PROPOSAL City Hall Exterior Stairway Rehabilitation PROJECT CIP NO. BG2102 Bidder's Name Noble E&C, Inc TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF SEAL BEACH: The undersigned, as Bidder, declares that: (1) -this Bid is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein as sworn in the attached Non -Collusion Declaration; (2) -Bidder hes carefully examined the Project Plans, Specifications, Instructions To Bidders, Bid Proposal Form, Notice Inviting Sealed Bids and all other Contract Documents and information furnished therefore and the site of the proposed Work; and (3) -Bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of Work to be performed and materials to be furnished. Furthermore, Bidder agrees that submission of this Bid shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this Contract be awarded to Bidder, to enter into a Contract with the City, to perform said proposed Work in accordance with the Plans, if any, and the terms of the Specifications, in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of said Specifications, for the following staled unit prices or lump sum price as submitted on the Bid Sheet herein. The Bidder shall submit as part of this Bid a completed copy of the Contractor's Industrial Safety Record. This Safety Record must include all construction work undertaken in the State of California by the Bidder and any partnership, joint venture or corporation that any principal of the Bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of Bid submittal. Separate information shall be submitted for each such partnership, joint venture, or corporate or individual Bidder. The Bidder may attach any additional information or explanation of data which the Bidder would like to be taken into consideration in evaluating the safety record. An explanation of the circumstances surrounding any and all fatalities must be attached. Accompanying this Bid is (Circle one "a Cashier's Check", "a certified check", or "a Bidder's Bond in the form furnished by the City", as the case may be) in the amount of $moi �O.vj , an amount equal to at least ten percent (10%) of the total aggregate Bid price based on the quantities shown and the unit prices quoted. The undersigned Bidder agrees that should Bidder be awarded the Contract on the basis hereof and thereafter fail or refuse to enter into a Contract and provide the required evidence of insurance and bonds within fifteen (15) calendar days after written notice of the award, the check or bond shall be forfeited to the City in accordance with Public Contract Code section -20172, except as otherwise provided in Public Contract Code section -20174. The undersigned agrees that in the event of such failure, the actual amount of damages to the City would be impractical and extremely difficult to determine. In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a Contract to furnish all labor, materials and supplies for this Project in accordance with the Specifications, Plans and other Contract Documents which are on file in the office of the Engineer, to the satisfaction and under the direction of the Engineer, at the following prices: completed by the undersigned is fixed at 20 WORKING DAYS for material procurement starting from the day after the issuance of the Notice to Proceed followed by an additional 35 WORKING DAYS for site construction. 61 BID PROPOSAL FOR City Hall Exterior Stairway Rehabilitation PROJECT CIP NO. BG2102 BID SHEET Base Bid Items Item Description Unit Quantity Unit Price Extended Price No. TOTAL BASE BID PRICE IN WORDS: QtL la Am�LA ToUnVw (in Figures) (in Figures) 1 Mobilization and Demobilization LS 1 $ t� u00. 0 U $A4 600.00 2 Remove and Replace City Hall LS 1 $ t -}00,W $ Gj�tluRoc Exterior Stairway Rehabilitation 3 Remove and Replace Asphalt TON 0.5 $ 00O- c $ 000 00 �— Pavement TOTAL BASE BID PRICE (ITEMS NO. 1 THROUGH 2) WORDS )v> FIGURES ockou IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL Note: Items may be adjusted or deleted. Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses. DETERMINATION OF LOWEST BID: LOWEST TOTAL BASE BID TOTAL BASE BID PRICE IN DIGITS: $ 10 -ti =100'UO TOTAL BASE BID PRICE IN WORDS: QtL la Am�LA ToUnVw / t' IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. NOTE: The City reserves the right to award a Contract to the lowest responsible Bidder in parts or in its entirety and reserves the right to reject all Bids and re -advertise, as appears to be in the best interests of the City. A Bid is required for this entire Work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing Bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit prices shall govern over extended amounts, and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. 62 The undersigned Bidder agrees that, if awarded the Contract, Bidder will complete all Work according to the Contract Documents. The undersigned Bidder is licensed in accordance with the requirements of the Business and Professions Code, California Contractor's License No: 1019602 Class B (REQUIRED AT TIME OF AWARD). Legal Business Name of Bidder Noble E&C, inc Business Address 21643 Birch Hill Dr. Diamond Bar, CA 91765 Business Tel. No. 3 —600 05/25/21 President I Ile Signature Date Title Signature Date Title If Bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If Bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partnersfjoint venturers or of fewer than all of the partnersfjoint venturers if submitted with evidence of authority to act on behalf of the partnershiprJoint venture. If Bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners, joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 63 ACCWLY CERTIFICATE OF LIABILITY INSURANCE DATE CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 07//13/202113/2021 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Christopher Chong NAME: CAL-KOR Insurance ServicesHON (213) 387-5000 AXX, (213) 388-8595 Ext : No : 3200 Wilshire Blvd E -MA L ADDRESS: Ste 1700 -South Tower INSURER(S) AFFORDING COVERAGE NAIC# Los Angeles CA 90010 INSURERA: Evanston Insurance Company INSURED INSURER B: SCIF 35076 Noble E&C, Inc. INSURER C; Scottsdale Insurance Company 21643 Birch Hill Dr. INSURER D : INSURER E: Diamond Bar CA 90621 INSURERF: COVERAGES CERTIFICATE NUMBER: CL198842345 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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 AUUL1SUl5K INSD WVD POLICY NUMBER EFF ,POLICYMIO POUCY EXP MMIDDITYYII LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7x OCCUR EACH OCCURRENCE $ 1.000,000 PREMISES Eacccunence $ 100,000 MED EXP (Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 A Y Y 3AA430278 10/18/2020 10/18/2021 GENT AGGREGATE LIMIT APPLIES PER. X POLICY PRO- ❑ JECT LOC GENERAL AGGREGATE $ 2.000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea acradent BODILY INJURY (Per person) $ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per acuden0 $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Peraccadent UMBRELLA UAB OCCUR EACH OCCURRENCE $ 2,000,000 A X EXCESS S CLAIMS -MADE EZXS3035653 10/18/2020 10/18/2021 AGGREGATE g 2,000,000 IS OED RETENTION $ $ B WORKERS COMPENSATIONYIN AND EMPLOYERS'UABIUTY ANY PROPRIETORRARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? El (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 9256924-2021 07/04/2021 07/0412022 PER OTH- X STATUTE ER E.L. EACH ACCIDENT S 1.000,000 E.L. DISEASE - EA EMPLOYEE $ 1.000,000 E.L. DISEASE - POLICY LIMIT E 1,000,000 Pollution Occurrence Limit 1,000,000 C CPMOL104393 10/08/2020 10/08/2021 Aggregate Limit 1,000,000 Deductible 10,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Addi ional Remarks Schedule, may be attached if more space is refulred) The certificate holder is named as additional insured. Waiver of Subrogation and Primary and Non-contributory included. 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. 211 -8th Street AUTHORIZED REPRESENTATIVE Seal Beach CA 9D740 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD III THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES INTERLINE CHANGE NUMBER: 3 POLICY NUMBER: POLICY CHANGES COMPANY: 3AA430278 EFFECTIVE: EVANSTON INSURANCE COMPANY 06/15/2021 NAMED INSURED: AUTHORIZED REPRESENTATIVE: 74224 Noble E & C, Inc. HARRY W. GORST COMPANY, INC. 9310 Topanga Canyon Blvd. Chatsworth COVERAGE PARTS AFFECTED: Commercial Liability The following item(s): CA 91311 ❑ Insured's Name/Additional Named Insureds ❑ Insured's Mailing Address ❑ Policy Number ❑ Effective/Expiration Date/Policy Period ❑ Company ❑ Locations/Location Description ❑ Insured's Legal Status/Business Description ❑ Minimum Earned Premium ❑ Rates ❑ Coverage Forms and Endorsements ❑ Policy Cancel/Reinstatement ❑ Limits/Exposures/Premium Basis ] Additional Insureds, Loss Payees, Mortgagees ❑ Buildings/Personal Property ❑ Deductibles ❑ A re ate Ca ❑ Classification/Class Codes ❑ Underlying Insurance Information ❑ Per Vehicle Limit ❑ Vehicle ❑ Drivers ❑ Vehicle Description (Type/Year/Make/Model/ Vehicle Identification Number/Cost New/Value) ❑ Equipment ❑ Other (describe below) is (are)E:] changed X] added ❑ deleted as shown below: "City of Seal Beach" is hereby added as an Additional Insured perform CG 20 10 attached. The above amendments result in a change in the premium as follows: F-1 NO CHANGES ElTO BE ADJUSTED x❑ ADDITIONAL PREMIUM ❑ RETURN PREMIUM AT AUDIT $ 100. 00 NO RETURN PREMIUM - $ NO RETURN NO RETURN - PREMIUM - OTHERDESCRIBE ) El CLAIM CLAIM STILL IN TOTAL LOSS TO El FULLY EARNED X❑ Taxes: $3.25 PROCESS INSURED ITEM j PROVISION APPLIES Total: $103.25 All other terms and conditions remain unchanged. Authorized Representative Signature MEIL 1203 03 12 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission. POLICY NUMBER: 3AA430278 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations City of Seal Beach Various 211 8th Street Seal Beach, CA 90740 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", 'property damage" or 'personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 C Insurance Services Office, Inc., 2012 CG 20 10 04 13