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HomeMy WebLinkAboutAgenda Packet_10112021A G E N D A MEETING OF THE CITY COUNCIL Monday,October 11,2021 ~7:00 PM ALL COUNCIL MEMBERS AND STAFF WILL PARTICIPATE VIA TELECONFERENCE JOE KALMICK MAYOR First District MIKE VARIPAPA MAYOR PRO TEM Third District THOMAS MOORE COUNCIL MEMBER Second District SCHELLY SUSTARSIC COUNCIL MEMBER Fourth District SANDRA MASSA-LAVITT COUNCIL MEMBER Fifth District This Agenda contains a brief general description of each item to be considered.No action or discussion shall be taken on any item not appearing on the agenda,except as otherwise provided by law. Supporting documents,including agenda staff reports,and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available on the City’s website at www.sealbeachca.gov. City Council meetings are broadcast live on Seal Beach TV3 and on the City's website www.sealbeachca.gov).Check the SBTV3 schedule for rebroadcast of —meetings are available on- demand on the website (starting 2012).meeting In compliance with the Americans with Disabilities Act of 1990,if you require disability -related modification or accommodation to attend or participate in this meeting,including auxiliary aids or services,please call the City Clerk's office at (562)431 -2527 at least 48 hours prior to the meeting. NOTICE REGARDING PUBLIC OBSERVATION AND PARTICIPATION IN THE CITY COUNCIL MEETING Pursuant to Government Code section 54953(e),a proclaimed state of emergency and recommended State and County measures to promote social distancing remain in effect.Due to the continuing need for social distancing and guidance regarding public gatherings during the COVID-19 public health emergency,all participation in the above- referenced Meeting will be by teleconference for Members of the City Council and staff. Because of the unique nature of the emergency there will NOT be a physical meeting location and all public participation will be electronic.The City will continue to review these measures and determine whether meeting in person would continue to present imminent risks to the health or safety of attendees. PUBLIC COMMENT:Members of the public may submit comments on any item on this Closed Session City Council meeting agenda via email to the City Clerk at gharper@sealbeachca.gov or via the comment icon through the online portal at https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting-Videos/Council- Commission-Meetings.All email comments the City Clerk receives before the start of the meeting will be posted on the City website and distributed to the Council Members. Email comments received after that time will be posted on the City’s website and forwarded to the City Council after the meeting.Those members of the public wishing to call in to comment during the meeting can join the Zoom Meeting from any electronic device by clicking the following link:https://zoom.us/j/82326535852.You may also call in by dialing 1-669-900-9128##.Those members requesting to speak by phone or on Zoom can unmute by entering *6 when called upon to speak.Once in the meeting,you will be added to the Waiting Room until the Public Comment period begins.At that time,you will be allowed to join the meeting to offer your comments.Commenters will be allotted five (5)minutes to address the City Council.The ability to comment will be disabled when your allotted time has expired. THIS NOTICE AND ELECTRONIC PARTICIPATION PROVISIONS SET FORTH IN THIS NOTICE ARE PROVIDED PURSUANT TO SECTION 3 OF EXECUTIVE ORDER N-29-20. CALL TO ORDER COUNCIL ROLL CALL APPROVAL OF AGENDA &WAIVER OF FULL READING OF RESOLUTIONS ORDINANCES By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda. PRESENTATIONS /RECOGNITIONS •Community Oriented Policing (COP)Team Update •Recognition of Don Shoemaker for 20 Years of Chaplain Service •Utility Billing Software Implementation Update PUBLIC COMMUNICATIONS At this time members of the public may address the Council regarding the items on this City Council agenda.Pursuant to the Brown Act,the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Those members of the public wishing to provide comment are asked to send comments via email to the City Clerk at gharper@sealbeachca.gov or via the comment icon on the City website at https://www.sealbeachca.gov/Government/Agendas-Notices- Meeting-Videos/Council-Commission-Meetings before 5:30 pm on October 11,2021. Comments provided via email by 5:30 pm will be distributed to the City Council and posted on the City website for review by the public.Email comments received after that time will be posted on the City’s website and forwarded to the City Council after the meeting.Any documents for review should be sent to the City Clerk prior to the meeting for distribution. Those members of the public wishing to call in can join the Zoom Meeting from any electronic device by clicking the following link:https://zoom.us/j/82326535852.You may also call in by dialing 1-669-900-9128##.Those members requesting to speak by phone or on Zoom can unmute by entering *6 when called upon to speak.Once in the meeting,you will be added to the Waiting Room until the Public Comment period begins.At that time,you will be allowed to join the meeting to offer your comments. Commenters will be allotted five (5)minutes to address the Council.The ability to comment will be disabled when your allotted time has expired. CITY ATTORNEY REPORT Craig A.Steele,City Attorney CITY MANAGER REPORT Jill R.Ingram,City Manager COUNCIL COMMENTS General Council Member comments and reporting pursuant to AB 1234. COUNCIL ITEMS –None CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members. A.Approval of the September 27,2021 City Council Minutes -That the City Council approve the minutes of the Regular City Council meeting held on September 27,2021. B.Demands on City Treasury (Fiscal Year 2022)–October 11,2021 -Ratification. C.Adoption of Resolution 7200 Supporting the Development of a Veterans Cemetery in Orange County at Gypsum Canyon in Anaheim Hills -That City Council approve Resolution 7200 supporting the development of a Veterans Cemetery at Gypsum Canyon in Anaheim Hills,and encourage the continuation of federal,state,and local government support for this project. D.Approving and Authorizing Amendment No.1 to the Professional Services Agreement with Rabben/Herman design office,Ltd.,for the Main Street Improvements Program (ST2009)-That the City Council adopt Resolution 7201:1.Approving Amendment No.1 to the Professional Services Agreement with Rabben/Herman design office,Ltd.,for the Main Street Improvements Program (ST2009);and,2.Authorizing and directing the City Manager to execute Amendment No.1. E.Awarding and Authorizing the City Manager to Execute Amendment No 1 with Crew,Inc.for Annual Sand Berm Construction and Removal -That the City Council adopt Resolution 7202:1.Approving and awarding Amendment No.1 for an additional one-year term in the amount of $233,835.75;and,2. Authorizing and directing the City Manager to execute Amendment No.1;and,3. Authorizing the City Manager the option to extend the Agreement up to three (3)additional one-year terms,to specify the compensation for each extension in accordance with Section 3 of the Agreement,and to execute amendments memorializing each extension. F.Rejecting All Bids for the Annual Slurry Seal Program,CIP O-ST-1 -That the City Council adopt Resolution 7203 rejecting all bids received for the Annual Slurry Seal Program,CIP O-ST-1. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING –None UNFINISHED /CONTINUED BUSINESS –None NEW BUSINESS –None ADJOURNMENT Adjourn the City Council to Monday,October 25,2021 at 4:30 p.m.to meet for a Special Meeting of the City Council. Agenda Item A AGENDA STAFF REPORT DATE:October 11, 2021 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Approval of the September 20, 2021 and September 27, 2021 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST: That the City Council approve the minutes of the Joint Special City Council and Planning Commission meeting held on September 20, 2021 and the Regular City Council meeting held on September 27, 2021. BACKGROUND AND ANALYSIS: This section does not apply. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. Page 2 1 1 0 9 RECOMMENDATION: That the City Council approve the minutes of the Joint Special City Council and Planning Commission meeting held on September 20, 2021 and the Regular City Council meeting held on September 27, 2021. SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Dana Engstrom, Deputy City Clerk ATTACHMENTS: A. Joint Special CC-PC Minutes September 20, 2021 B. Regular Meeting Minutes September 27, 2021 6 3 1 8 Seal Beach, California September 20, 2021 The City Council met for a Joint Special meeting of the City Council and Planning Commission at 5:04 p.m. via teleconference. ROLL CALL Present: Mayor Kalmick Council Members: Varipapa, Sustarsic, Massa-Lavitt, Moore Chair Miller Commissioners: Winkler, Thomas, Campbell, Klinger Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Philip L. Gonshak, Chief of Police Joe Bailey, Chief, Marine Safety Department Steve Myrter, P.E., Director of Public Works Barry Curtis, Interim Director of Community Development Kelly Telford, Director of Finance/City Treasurer Gloria D. Harper, City Clerk Dana Engstrom, Deputy City Clerk Ron Roberts, Orange County Fire Authority, Fire Division Chief ORAL COMMUNICATIONS Mayor Kalmick opened oral communications. City Clerk Harper announced that two (2) supplemental communications and two (2) emailed comments were received. Mayor Kalmick then closed oral communications. PRESENTATION A. Study Session: 2021 Housing Element Update Interim Community Development Director Barry Curtis gave an overview of the 2021 Housing Element; introduced JHD Planning Consultant John Douglas who discussed the 2021 Housing Element Update and finalized the presentation with a discussion on the sites inventory, next steps in the process and recommendations to the City Council. Council Members’ and Planning Commissioners’ questions and concerns were noted and addressed. The City Council directed staff to submit the draft Housing Element to the State Department of Housing and Community Development for its review. 6 3 1 8 ADJOURNMENT Mayor Kalmick adjourned the Joint Special meeting of the City Council and Planning Commission at 6:26 p.m. Gloria D. Harper, City Clerk City of Seal Beach Approved: Joe Kalmick, Mayor Approved: Steve Miller, Chair Planning Commission Attested: Gloria D. Harper, City Clerk Seal Beach, California September 27, 2021 The City Council met in Regular Session at 7:01 p.m. via teleconference. ROLL CALL Present: Mayor Kalmick Council Members: Varipapa, Moore, Sustarsic, Massa-Lavitt Absent: None City Staff: Craig A. Steele, City Attorney Jill R. Ingram, City Manager Patrick Gallegos, Assistant City Manager Philip L. Gonshak, Chief of Police Joe Bailey, Chief, Marine Safety Department Barry Curtis, Interim Director of Community Development Alayna Hoang, Finance Manager Gloria D. Harper, City Clerk Dana Engstrom, Deputy City Clerk Ron Roberts, Orange County Fire Authority, Division Chief Tim Kelsey, Recreation Manager Anthony Nguyen, Recreation Specialist Saul Martinez, Recreation Specialist Julia Clasby, Police Lieutenant Victor Ruiz, Canine Officer APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES City Clerk Harper announced that three (3) supplemental communications were received after the posting of the agenda regarding various agenda items that were distributed to City Council and made available to the public. Additionally, City Clerk Harper indicated that there was a revision to the title of Resolution 7199 noting the City Clerk title was inadvertently omitted when the agenda was published. Council Member Sustarsic moved, second by Council Member Moore, to approve the agenda. City Clerk Harper took a roll call vote to approve the agenda. AYES: Kalmick, Moore, Sustarsic, Massa-Lavitt, Varipapa NOES: None ABSENT: None ABSTAIN: None Motion carried 6 3 3 3 PRESENTATIONS / RECOGNITIONS Introduction of Recreation Specialists Anthony Nguyen and Saul Martinez Fire Prevention Week Proclamation – October 3-9, 2021 Water Professionals Appreciation Week Proclamation – October 2-10, 2021 K9 Unit Presentation ORAL COMMUNICATIONS Mayor Kalmick opened oral communications. City Clerk Harper announced that three (3) emailed comments were received and distributed to Council via email and uploaded to the City’s website. Mayor Kalmick then closed oral communications. City Clerk Harper indicated that one caller joined the meeting. The caller had technical issues and was unable to offer public comments. CITY ATTORNEY REPORT City Attorney Steele had no items to report. CITY MANAGER REPORT City Manager Ingram had no items to report. COUNCIL COMMENTS Council Member Sustarsic reported that she attended the Beach Access Mat Ribbon Cutting and thanked staff for coordinating the event. Additionally, she attended a Joint Los Alamitos Unified School District/City of Seal Beach meeting, an Airport Land Use Commission meeting, and lastly, she indicated that she met with two constituents at the Seal Beach Tennis and Pickleball Center regarding various concerns. Council Member Moore had no comments. Council Member Massa-Lavitt indicated that she attended an Orange County Vector Control District meeting and noted that the 80’s mosquito is exploding and increasing its population, and many are suffering from it. She encouraged everyone to look for standing water including pools and call Vector Control if you want to have your home inspected. Mayor Pro Tem Varipapa indicated that he attended the Joint Los Alamitos Unified School District/City of Seal Beach meeting and noted that there was a great deal of discussion regarding McGaugh Elementary School. Mayor Kalmick indicated that he attended an Orange County Fire Authority meeting and noted there were a great deal of activities going on at the Authority. He also attended the monthly Chamber of Commerce meeting. He announced that the River’s End Park is now open and that he observed a lot of folks using the amenities. He noted that there is a map of the Rivershed worth viewing while visiting the new park. 6 3 3 3 COUNCIL ITEMS There were no council items. CONSENT CALENDAR Council Member Massa-Lavitt moved, second by Council Member Sustarsic, to approve the recommended actions on the consent calendar. A. Approval of the September 13, 2021 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meeting held on September 13, 2021. B. Demands on City Treasury (Fiscal Year 2022) – September 27, 2021 - Ratification. C. Monthly Investment Report – August 31, 2021 - Receive and file. D. Approving and Authorizing Cooperative Agreement No. C-1-3253 with Orange County Transportation Authority for Senior Mobility Program - That the City Council adopt Resolution 7198: 1. Approving Cooperative Agreement No. C-1-3253 with Orange County Transportation Authority to Senior Mobility Program; and, 2. Authorizing the City Manager to execute Cooperative Agreement No. C-1-3253. City Clerk Harper took a roll call vote to approve the consent calendar items. AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None ABSENT: None ABSTAIN: None Motion carried ITEMS REMOVED FROM CONSENT CALENDAR No items were removed from the consent calendar. PUBLIC HEARING There were no public hearing items. UNFINISHED/CONTINUED BUSINESS E. Repeal of Local Commercial Eviction Moratorium - That the City Council adopt Urgency Ordinance 1691-U, An Urgency Ordinance of the City Council of the City of Seal Beach Repealing the Emergency Moratorium on the Eviction of Commercial Tenants for Non-Payment of Rent Due to COVID-19 Financial Hardships and “No-Fault” Commercial Evictions and Declaring the Urgency Thereof. City Attorney Steele provided a comprehensive background on the staff report. There were no Council Member questions. 6 3 3 3 Council Member Sustarsic moved, second by Mayor Pro Tem Varipapa, to adopt Urgency Ordinance 1691-U, An Urgency Ordinance of the City Council of the City of Seal Beach Repealing the Emergency Moratorium on the Eviction of Commercial Tenants for Non-Payment of Rent Due to COVID-19 Financial Hardships and “No-Fault” Commercial Evictions and Declaring the Urgency Thereof. City Clerk Harper took a roll call vote to approve Item E. AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None ABSENT: None ABSTAIN: None Motion carried NEW BUSINESS F. Fifth Amendment to City Manager’s Employment Agreement - That the City Council approve Amendment Number 5 to the City Manager’s Employment Agreement. City Attorney Steele provided a comprehensive background on the staff report. Council Member Moore expressed his concerns regarding the increase of the City Manager’s salary. Mayor Kalmick and Council Member Massa-Lavitt expressed their support of City Manager Ingram. Mayor Pro Tem Varipapa moved, second by Council Member Massa-Lavitt, to approve Amendment Number 5 to the City Manager’s Employment Agreement. City Clerk Harper took a roll call vote to approve Item F. AYES: Kalmick, Varipapa, Sustarsic, Massa-Lavitt NOES: Moore ABSENT: None ABSTAIN: None Motion carried G. Amendments to Executive Management Employment Agreements - That the City Council adopt Resolution 7199 approving amendments to existing executive management employees’ employment agreements to provide a salary increase for executive management employees of 3.6% effective July 1, 2021, and approving other specified amendments to the Assistant City Manager, City Clerk, Director of Finance/City Treasurer, Director of Public Works, Chief of Police, and Marine Safety Chief Employment Agreements and authorizing the City Manager to execute the amendments. City Manager Ingram provided a comprehensive background on the staff report. There 6 3 3 3 were no Council Member comments or questions. Council Member Massa-Lavitt moved, second by Council Member Sustarsic, to adopt Resolution 7199 approving amendments to existing executive management employees’ employment agreements to provide a salary increase for executive management employees of 3.6% effective July 1, 2021, and approving other specified amendments to the Assistant City Manager, City Clerk, Director of Finance/City Treasurer, Director of Public Works, Chief of Police, and Marine Safety Chief Employment Agreements and authorizing the City Manager to execute the amendments. City Clerk Harper took a roll call vote to approve Item G. AYES: Kalmick, Varipapa, Sustarsic, Moore, Massa-Lavitt NOES: None ABSENT: None ABSTAIN: None Motion carried ADJOURNMENT Mayor Kalmick adjourned the City Council meeting at 8:00 p.m., to Monday, October 11, 2021, at 5:30 p.m. to meet in closed session, if deemed necessary. ______________________ Gloria D. Harper, City Clerk City of Seal Beach Approved: ___________________________ Joe Kalmick, Mayor Attested: ______________________ Gloria D. Harper, City Clerk Agenda Item C AGENDA STAFF REPORT DATE:October 11, 2021 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Patrick Gallegos, Assistant City Manager SUBJECT:Adoption of Resolution 7200 Supporting the Development of a Veterans Cemetery in Orange County at Gypsum Canyon in Anaheim Hills ________________________________________________________________ SUMMARY OF REQUEST: That the City Council consider the adoption of Resolution 7200 supporting the development of a Veterans Cemetery at Gypsum Canyon in Anaheim Hills, and encourage the continuation of federal, state, and local government support for this project. BACKGROUND AND ANALYSIS: Orange County is home to an estimated 200,000 veterans and has not built a veterans cemetery in the County. After a decade of debate over a location, a consensus has formed to build the cemetery at the Gypsum Canyon site east of Anaheim Hills in the city of Anaheim. On July 27, 2021, the Orange County Board of Supervisors unanimously adopted a resolution supporting the development of a veterans cemetery in Anaheim Hills and approved a $20 million donation for the site. Additionally, the Orange County Board of Supervisors asked federal, state, and local governments to voice their support for the project. The City of Anaheim, several regional elected officials, and multiple veterans’ organizations throughout Orange County and the state have voiced their support. The City of Seal Beach and its residents have a proud tradition of supporting our veterans by honoring and recognizing those men and women that have proudly sacrificed to serve our Country and would like to further those efforts by recommending support of the development of a veterans’ cemetery at the Gypsum Canyon site. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. Page 2 1 1 1 7 LEGAL ANALYSIS: The City Attorney has reviewed this staff report and approved it as to form. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council consider the adoption of Resolution 7200 supporting the development of a Veterans Cemetery at Gypsum Canyon in Anaheim Hills, and encourage the continuation of federal, state, and local government support for this project. SUBMITTED BY: NOTED AND APPROVED: Patrick Gallegos Jill R. Ingram Patrick Gallegos, Assistant City Manager Jill R. Ingram, City Manager Prepared by: Jennifer Robles, Management Analyst ATTACHMENTS: A. Resolution 7200 RESOLUTION 7200 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL SUPPORTING THE ORANGE COUNTY VETERANS’ GYPSUM CANYON CEMETERY IN ANAHEIM HILLS THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: WHEREAS, the City wholeheartedly endorses building a Veterans cemetery in Orange County on 200 acres of county-owned land located at Gypsum Canyon near the intersection of the 91 freeway and 241 toll road in Anaheim Hills; and, WHEREAS, to honor and respect the men and women who served our country and who deserve the right to be buried in Orange County, we ask federal, state, and local governments to closely consider this proposed project as a benefit, not only to Orange County, but to the region as well; and, WHEREAS, on July 1, 2021, numerous leaders representing Veteran organizations gathered at the proposed Orange County Veterans Cemetery site in Anaheim Hills and expressed their enthusiastic support for this location; and, WHEREAS, on July 27, 2021, the Orange County Board of Supervisors unanimously approved allocating $20 million exclusively for the site development of the Veterans portion of the Mountain Park Cemetery location in Anaheim; and, WHEREAS, on July 27, 2021, the Orange County Board of Supervisors unanimously adopted a resolution to move forward with planning and developing a site that would ultimately fulfill the promise made to Orange County Veterans; and, WHEREAS, the property at Gypsum Canyon has been deeded to the Orange County Cemetery District by the County of Orange for the purpose of building a Veterans cemetery; and, WHEREAS, the property’s breathtaking view of the rolling hills remind many of Arlington Cemetery and we can bring historical pieces from the former El Toro Marine Corps Air Station. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City supports the Orange County Veterans Cemetery in Anaheim Hills, and further encourages federal, state, and local governments to support this much needed project. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 11th day of October 2021 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA} COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7200 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 11th day of October 2021. Gloria D. Harper, City Clerk Agenda Item D AGENDA STAFF REPORT DATE:October 11, 2021 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Steve Myrter, P.E., Director of Public Works SUBJECT:Approving and Authorizing Amendment No. 1 to the Professional Services Agreement with Rabben/Herman design office, Ltd., for the Main Street Improvements Program (ST2009) ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7201: 1. Approving Amendment No. 1 to the Professional Services Agreement with Rabben/Herman design office, Ltd., for the Main Street Improvements Program (ST2009); and, 2. Authorizing and directing the City Manager to execute Amendment No. 1. BACKGROUND AND ANALYSIS: On October 14, 2019, the City adopted Resolution 6962 approving a professional services agreement with Rabben/Herman design office, Ltd. (R/Hdo) to provide Main Street Improvement Program design services in the amount of $130,465. The Project intended to aggregate the community’s vision of Old Town’s focal point – Main Street. The Main Street Improvements Program concept phase started in early 2020; however, the onset of the COVID-19 pandemic and the resulting national, state and local states of emergency and health orders placed the project on hold and the Agreement with R/Hdo has since expired. There is now the desire to revisit the Program; therefore, staff recommends approving Amendment No. 1 extending the Agreement term to December 31, 2023, without any increase in compensation from that authorized under the Agreement. ENVIRONMENTAL IMPACT: This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be Page 2 1 1 0 7 seen with certainty that approval of Amendment No. 1 to the Professional Services Agreement with Rabben/Herman design office, Ltd. will not have a significant effect on the environment. LEGAL ANALYSIS: The City Attorney has approved the agreement and resolution as to form. FINANCIAL IMPACT: The Professional Services Agreement with Rabben/Herman design office, Ltd. is in the amount of $130,465. No additional funds are being requested as part of Amendment No. 1. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council adopt Resolution 7201: 1. Approving Amendment No. 1 to the Professional Services Agreement with Rabben/Herman design office, Ltd., for the Main Street Improvements Program (ST2009); and, 2. Authorizing and directing the City Manager to execute Amendment No. 1. SUBMITTED BY: NOTED AND APPROVED: Steve Myrter Jill R. Ingram Steve Myrter, P.E., Director of Public Works Jill R. Ingram, City Manager Prepared by: Iris Lee, Deputy Public Works Director/City Engineer ATTACHMENTS: A. Resolution 7201 B. Agreement with Rabben/Herman design office, Ltd. dated October 14, 2019 C. Amendment No. 1 with Rabben/Herman design office, Ltd. RESOLUTION 7201 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH RABBEN/HERMAN DESIGN OFFICE, LTD. FOR MAIN STREET IMPROVEMENTS PROGRAM (ST2009) WHEREAS, on October 14, 2019, City Council adopted Resolution 6962 approving a Professional Services Agreement (Agreement) with Rabben/Herman design office, Ltd. (R/Hdo) in the amount of $130,465 to prepare the Main Street Improvements Program; and, WHEREAS, the onset of the COVID-19 pandemic and the resulting national, state and local states of emergency and health orders, placed the project on hold, and the Agreement expired on December 31, 2020; and, WHEREAS, the City and R/Hdo desire to extend the Agreement term without any increase in compensation. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves Amendment No. 1 to the Agreement with Rabben/Herman design office, Ltd. extending the Agreement term to December 31, 2023. Section 2. The City Council hereby authorizes and directs the City Manager to execute Amendment No. 1. 6 3 0 3 PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 11th day of October, 2021 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7201 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 11th day of October, 2021. Gloria D. Harper, City Clerk 1 AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT Professional Design Services for Main Street Improvement Program (CIP ST2009) between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Rabben/Herman design office, Ltd. 833 Dover Drive, Suite 9 Newport Beach, CA 92663 (949) 548-3459 This Amendment No. 1, dated October 11, 2021, amends that certain agreement (“Agreement”) dated October 14, 2019, by and between the City of Seal Beach (“City”), a California charter city, and Rabben/Herman design office, Ltd. (“Consultant”), a California corporation. 2 RECITALS A. Effective October 14, 2019, City and Consultant entered into an Agreement for Consultant to provide professional design services for Main Street Improvement Program, CIP ST2009 (“Project”), pursuant to City Council Resolution 6962. B. The Project started in early 2020, but the outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2”, and the disease it causes named “coronavirus disease 2019”, abbreviated COVID-19 (“COVID-19”), and the resulting pandemic resulted in declarations of state, local and national states of emergency in 2020, as a result of which Consultant was unable to carry out the Project during the original term and the Agreement has since expired. C. City and Consultant wish to amend the Agreement to extend the term of the Agreement to December 31, 2023, in order for Consultant to complete the necessary Services associated with the Project, without any increase in compensation. AMENDMENT NO. 1 NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 2.0 (Term) of the Agreement is hereby amended in its entirety to read as follows: “2.0 Term 2.1 The term of this Agreement shall commence as of the Effective date and shall expire midnight on December 31, 2023, unless previously terminated as provided by this Agreement or extended by the City Manager with 30 days’ prior notice.” Section 2. Subsection 3.1 of Section 3.0 (Consultant’s Compensation) of the Agreement is hereby amended in its entirety to read as follows: “ 3.1 City will pay Consultant in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than the total not-to-exceed amount of $130,465 for the term.” Section 3. Section 14.0 (Safety Requirements) of the Agreement is hereby revised to require the Consultant to comply with all applicable COVID-19 public health regulations and industry safety orders, to read as follows: “14.0 Safety Requirements All work and other Services performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable local, 3 state and federal laws, industry safety orders and/or health orders. Consultant’s obligations shall include but are not limited to, the requirement to comply with all applicable COVID-19 social distancing requirements, daily monitoring and recordkeeping requirements when Consultant’s employees come onsite, and other applicable provisions of any applicable industry safety standards and/or health orders issued by the County of Orange, City of Seal Beach, and/or any other federal, state or local agency with jurisdiction over the City and/or Consultant, during Consultant’s performance of the Project. The City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Services. Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations. Consultant shall immediately report to the City any hazardous condition noted by Consultant.” Section 4. Section 29.0 (Non-Appropriation of Funds) is hereby added to the Agreement to read as follows: “29.0 Non-Appropriation of Funds. Payments to be made to Consultant by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. Section 5. All references to the term “Agreement” throughout Sections 1.0 through 29.0, inclusive, of the Agreement are hereby modified to include the Agreement dated October 14, 2019, and this Amendment No. 1, dated October 11, 2021, as if all of those terms are fully set forth therein. Section 6. Except as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between Exhibit A, the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control. Section 7. The persons executing this Amendment No. 1 on behalf of Consultant warrants that he or she is each duly authorized to execute this Amendment No. 1 on behalf of said Party and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. 1. Agenda Item E AGENDA STAFF REPORT DATE:October 11, 2021 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Steve Myrter, P.E., Director of Public Works SUBJECT:Awarding and Authorizing the City Manager to Execute Amendment No. 1 with Crew, Inc. for Annual Sand Berm Construction and Removal ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7202: 1. Approving and awarding Amendment No. 1 for an additional one-year term in the amount of $233,835.75; and, 2. Authorizing and directing the City Manager to execute Amendment No. 1; and, 3. Authorizing the City Manager the option to extend the Agreement up to three (3) additional one-year terms, to specify the compensation for each extension in accordance with Section 3 of the Agreement, and to execute amendments memorializing each extension. BACKGROUND AND ANALYSIS: Historically, the residents along the beach between the Anaheim Jetties and the pier are subject to wave inundation during storms. The threat of washouts or flooding is lessened by the annual construction of a sand berm. The “berm” is routinely removed prior to the end of April except in cases where possible inclement weather and wave events would make it prudent to leave it in place for longer periods. On September 22, 2003 the City Council received and filed a report prepared by Moffat Nichol Engineers regarding the construction and removal of the annual winter sand berm. The work consists of constructing a sand berm approximately 22 feet above mean lower low water (MLLW) datum, almost 40 feet wide and the length of east beach from the pier to the Navy Base. The report also recommends performing “back-passing” operations every other year which consist of moving sand from West Beach to East Beach. Page 2 1 1 1 0 At the July 22, 2019 City Council Meeting, the City Council awarded a 2-year construction contract to Crew, Inc. in the amount of $379,982. The bids for this project in 2019 were as follows: RANK CONTRACTOR BID AMOUNT 1 Crew, Inc.$ 379,982.00 2 Post Earthworks Constructors, Inc.$ 430,910.53 3 Reed Thomas Company, Inc.$ 476,952.00 4 Griffith Company $ 536,798.00 5 Southern California Grading $1,204,550.00 The breakdown in the yearly prices paid to Crew, Inc. for the two-year term under the original contract was: Year 1 - $ 225,000 – backpass Year 2 - $ 154,982 – non backpass Total - $ 379,982 The contract contained a clause that allows the City the option to extend the contract for up to two (2) additional two-year terms. Amendment No. 1 is for a one- year term with the option to extend the contract term for an additional three (3) one-year terms. Pursuant to Section 3 of the Agreement, each contract term extension allows for an increase in the compensation based on the lesser of either (a) changes to the Consumer Price Index for All Urban Consumers (CPI-U): for Los Angeles-Long Beach-Anaheim, CA (1982-84=100), All Items, as most recently reported by the Bureau of Labor Statistics for the 12-month period extending backwards from the most recent June 30th to the previous July 1st, or (b) three percent (3%) per year. Compensation for Amendment No. 1 would be as follows: Year 1 Extension - $233,835.75 -- backpass Staff recommends exercising the clause to award a one-year extension to Crew, Inc. due to the exemplary work performed during the original term of the contract as well as the very competitive cost that an extension to the existing contract would be. Should this project be re-bid at this time, staff believes that the costs to perform this work would be significantly higher than they currently are. Staff also recommends authorizing the City Manager the option to extend the contract for up to three (3) additional one-year terms should the contractor continue their exemplary work. The City Manager would determine the compensation amount for each extension based on Section 3 of the Agreement. Page 3 1 1 1 0 ENVIRONMENTAL IMPACT: This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (d). LEGAL ANALYSIS: The City Attorney has reviewed the amendment and resolution and approved as to form. FINANCIAL IMPACT: Funds for the Fiscal Year 2021-2022 contract expenditures have been included in Tidelands Account. Future funding needs will be reflected in the subsequent fiscal year’s proposed budgets. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council adopt Resolution 7202: 1. Approving and awarding Amendment No. 1 for an additional one-year term in the amount of $233,835.75; and, 2. Authorizing and directing the City Manager to execute Amendment No. 1; and, 3. Authorizing the City Manager the option to extend the Agreement up to three (3) additional one-year terms, to specify the compensation for each extension in accordance with Section 3 of the Agreement, and to execute amendments memorializing each extension. Page 4 1 1 1 0 SUBMITTED BY: NOTED AND APPROVED: Steve Myrter Jill R. Ingram Steve Myrter, P.E., Director of Public Works Jill R. Ingram, City Manager Prepared by: David Spitz, P.E. QSD, Associate Engineer ATTACHMENTS: A. Resolution 7202 B. Original Agreement with Crew, Inc. C. Proposed Contract Amendment No. 1 RESOLUTION 7202 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AMENDMENT NO. 1 FOR A ONE-YEAR EXTENSION OF THE AGREEMENT FOR SAND BERM CONSTRUCTION AND REMOVAL WITH CREW INC. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: WHEREAS, the City of Seal Beach and Crew, Inc., (“Contractor”) are parties to that certain agreement dated July 22, 2019 (“Agreement”), and entitled Public Works Agreement for Annual Sand Berm Construction and Removal (“Agreement”); and, WHEREAS, the Agreement provides for an initial contract term of two years and payment up to the total amount of $379,982 for services performed by Contractor in accordance with the Agreement; and, WHEREAS, the Agreement further provides that the City may elect to extend the Agreement for two consecutive additional two-year terms, contingent upon satisfactory performance of Contractor; and, WHEREAS, the City wishes to extend the Agreement for one additional one-year term, for the total amount of $233,835.75, and to authorize the City Manager to execute the contract Amendment No. 1. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City of Seal Beach hereby extends the Agreement dated July 22, 2019 for an additional one year from July 22, 2021 through and including July 22, 2022, as set forth in Amendment No. 1 for a One-Year Extension of the Agreement for Sand Berm Construction and Removal with Crew, Inc., (“First Amendment”) for the total amount of $233,835.75, attached hereto as Exhibit “A” and incorporated herein by this reference as though set forth in full. Section 2. The City Council hereby authorizes the City Manager the option to extend the Agreement to Crew, Inc. for up to three (3) consecutive additional one-year terms at her discretion, with the compensation amount to be determined in accordance with Section 3 of the Agreement. Section 3. The City Council hereby authorizes and directs the City Manager to execute the First Amendment on behalf of the City. Section 4. In the event that the City Manager elects to extend the Agreement for any additional term(s), the City Council hereby authorizes and directs the City Manager to execute an amendment to the Agreement memorializing each such extension. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 11th day of October, 2021 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7202 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 11th day of October, 2021. Gloria D. Harper, City Clerk PUBLIC WORKS AGREEMENT FOR ANNUAL SAND BERM CONSTRUCTION AND REMOVAL between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Crew, Inc. 19618 S. Susana Road Rancho Dominguez, CA 90221-571 P — (310) 608-6860 F — (310) 608-6865 THIS AGREEMENT is made as of July 22, 2019 by and between the City of Seal Beach, a California charter city ("City"), and Crew, Inc., a California Corporation ("Contractor"). RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Annual Contract for Sand Berm Construction and Removal ("Project") with respect to design criteria; and B. WHEREAS, Crew Inc. ("Contractor"), a California Corporation, has submitted a bid to City for the Project dated April 24, 2019 in the amount of $379,982.00 ("Accepted Proposal"). The Accepted Proposal is attached hereto as Exhibit G and contains, among other things, provisions defining the Project Scope of Work ("Work"). NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: AGREEMENT 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 Agreement, Contractor shall perform and complete in good and workmanlike manner the Work required by this Agreement and the documents listed in Subsection 1.2 for the Project. 1.2 Contract Documents. The "Contract Documents" that comprise this Agreement between the City and the Contractor are the: Notice Inviting Bids, Instructions to Bidders, Accepted Proposal, Non -Collusion Affidavit, Bid Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms for Check or Bond, Plans and Specifications dated February 25 2019, 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 Agreement, Exhibits attached to this Agreement, 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), Accepted Proposal (Exhibit G) 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 Agreement. 1.3 The Work shall be performed in accordance with the Plans and 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 Agreement and the provisions of the other Contract Documents, the provisions of this Agreement shall prevail. 2. Effective Date: Term. 2.1 Effective Date. This Agreement is effective as of July 22, 2019 (the Effective Date"), and shall remain in full force and effect for two years through and including 11:59 p.m. on July 22, 2021, unless previously terminated or extended as provided in this Agreement. 2.2 City may extend the term of this Agreement for two (2) consecutive additional periods of two (2) years each ("Extended Term") by giving notice of its desire to extend to Contractor not less than thirty (30) days prior to the end of the term or any individual extension period. Upon mutual agreement of the parties to the terms of the extension, the parties shall execute an amendment to this Agreement. Payment. 3.1 For performing and completing the Work over the two-year Term, in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of $379,982.00 (three hundred seventy nine thousand nine hundred and eighty two dollars and zero cents), subject to any additions and deletions pursuant to the terms of this Agreement and the Contract Documents incorporated herein. 3.2 In the event that this Agreement is extended pursuant to Section 2.2, the payment amount set forth in Section 3.1 shall be adjusted at the beginning of the Extended Term based on the lesser of either (a) changes to the Consumer Price Index for Los Angeles -Long Beach -Anaheim, CA, all urban consumers, not seasonally adjusted (1982-84=100) as most recently reported by the Bureau of Labor Statistics for the 12 -month period extending backwards from the most recent April 30th to the previous May 1st, or (b) three percent (3%). No adjustment amount shall be due, owing or paid to Contractor by City until approved in advance by the City Manager. 3.3 Each sum set forth in Section 3.1 and 3.2 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 in writing 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. 3.3 City will not compensate Contractor for any services performed that are not specified in Section 1 of this Agreement unless the City authorizes such work in advance and in writing. 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 Agreement. 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 Agreement, 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 Agreement. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Indemnification. 5.1 Contractor's Duty. To the maximum extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend with competent defense counsel approved by the City Attorney, protect, indemnify, and hold harmless City, its elected and appointed officials, officers, employees, volunteers, attorneys, agents (including those City agents serving as independent contractors in the role of City representatives), successors, and assigns collectively "Indemnitees") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or resulting from any act, failure to act, error or omission of Contractor or any of its officers, agents, attorneys, servants, employees, Subcontractors, material suppliers or any of their officers, agents, servants or employees, and/or arising out of, incident to, related to, in connection with or resulting from any term, provision, image, plan, covenant, or condition in the Contract Documents; including, without limitation, the payment of all consequential damages, attorneys' fees, experts' fees, and other related costs and expenses (individually, a "Claim," or collectively, "Claims"). Contractor shall promptly pay and satisfy any judgment, award or decree that may be rendered against any of the Indemnitees as to any such Claim. Contractor shall reimburse 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 the Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable or whether the Claim was caused in part or contributed to by an Indemnitees. 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 Section 5.1 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 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 Agreement. 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. 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 Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees. 5.6 Survival. The provisions of this Section 5 shall survive the term and termination of the Agreement, are intended to be as broad and inclusive as permitted by the law of the State of California, 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 Agreement 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. 6.1.3 Exhibit D-3: Additional Insured Endorsement. 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B). 6.2.4 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.2.5 Professional Liability insurance. Unless the City waives the requirement for professional liability insurance, Contractor shall provide to City the standard form issued by the carrier. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement 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 Agreement, 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 admitted to do business in California with a current A.M. Best's rating of no less than A:VII 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 750 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 Agreement. 9. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement 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 Agreement, 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: Crew, Inc. 19618 S. Susana Road Rancho Dominguez, CA 90221-5716 Telephone: (310) 608-6860 Fax: (310) 608-6865 Attn: David M. Lalonde, President 10. Non -Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Agreement 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. Claim Dispute Resolution 11.1 In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. 11.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein. 12. 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. 13. Non -Waiver of Terms. Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. 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. 14. Attorneys' Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including all attorneys' fees incurred in connection therewith. 15. Construction. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement 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 Agreement or who drafted that portion of the Agreement. 16. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations, or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. 17. Severability. The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. CITY OF SEAL BEACH By: Atte: By: Appi LOM CONTRACTO 7--- By !/L1 Name: Andrew J. Kerr Title: Chief Financial Officer Name: Title: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles Subscribed and sworn to (or affirmed) before me on this 10th day of July , 20 19, by Andrew Jefferson Kerr proved to a on the basis of satisfactory evidence to be the person(sho appeared before me. CAROLINA TORRES e Notary Public - California Lcs Angeles County z Commission # 2154892 D m I. E Hires May 27, 2020 Seal) Signature— POLICY NUMBER: AlCG94241810 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: WHERE REQUIRED BY AN EXECUTED WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 0 POLICY NUMBER: Al CA94241810 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Crew, Inc. Endorsement Effective Date: 02/01/2019 SCHEDULE Name Of Person(s) Or Organization(s): WHERE REQUIRED BY AN EXECUTED WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 OLD REPUBLIC GENERAL INSURANCE CORPORATION ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. SCHEDULE Name of Person(s) or Organization(s) : WHERE REQUIRED BY AN EXECUTED WRITTEN CONTRACT. If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. If the person or organization shown in the schedule qualifies as an 'insured' for Liability Coverage, and they have coverage as a first named insured under another policy, this policy is primary to and non-contributory with that other insurance. All other terms, conditions, and exclusions apply. Named Insured Crew, Inc. Policy Number Al CA94241810 Endorsement No. Policy Period 02/01/2019 to 02/01/2020 Endorsement Effective Date: 02/01/2019 Producer's Name: Producer Number: CA EN GN 0044 02 12 Page 1 of 1 POLICY NUMBER: Al CA94241810 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Crew, Inc. Endorsement Effective Date: 02/01/2019 SCHEDULE Name(s) Of Person(s) Or Organization(s): WHERE REQUIRED BY AN EXECUTED WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 44 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule WHEN REQUIRED BY WRITTEN CONTRACT. The premium charge for this endorsement is $0.00. Named Insured Crew, Inc. Policy Number AlCW94241810 Endorsement No. Policy Period 02/01/2019 to 02/01/2020 Endorsement Effective Date: 02/01/2019 Producer's Name: Producer Number: WC 99 03 15 (09/06) Policy No. XSC30000476701 WAIVER OF SUBROGATION THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. We agree to waive our right of subrogation against any person or organization to whom or to which you are obligated, prior to any loss, by an "insured contract" to provide such a waiver, but only with respect to your work", "your product" or facilities owned or used by you. This endorsement does not change any other provision of the policy. Endurance Risk Solutions Assurance Co. Page 1 of 1 EXL 6092 0813 EXHIBIT A FAITHFUL PERFORMANCE BOND EXHIBIT B PAYMENT BOND EXHIBIT C WORKERS' COMPENSATION INSURANCE CERTIFICATE EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY) EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY) EXHIBIT D-3 ADDITIONAL INSURED ENDORSEMENT EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS EXHIBIT F LABOR LAW REQUIREMENTS EXHIBIT G ACCEPTED PROPOSAL NOTE. Exhibits will not be included with the contract at the time of award. The Contractor will have 10 working days to submit all exhibits to the City after the award of contract. Failure to do so will result in voiding of the contract. The City will then have the right to cash the bid bond for the proiect and re -advertise for construction or award to the next lowest responsive bidder.) DUPLICATE ORIGINAL EXHIBIT A FAITHFUL PERFORMANCE BOND Page D-37 DUPLICATE ORIGINAL Executed in Duplicate Bond No. 1064326 Bond Premium—$3,420.00.-.- Premium remium$3,420.00Premiumsubjecttoadjustmentbasedonfinalcontractprice PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that. WHEREAS the City of Seal Beach, has awarded Crew, Inc.,_1.9618 S. Susana Road, Rancho Dominguez, CA 90221-5716 Name and address of Contractor) Principal"), a contract (the "Contract") for the work described as follows: Annual Winter Sand Berm Construction and Removal Contract. WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and The Hanover Insurance Compaq, 5 Hutton Center Drive, Suite 1060 -Santa Ana, -CA 92707___ - Name and address of Surety) Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Three Hundredynty Nine Thousand Nine Hundred Eighty Two and 00/100 Dollars ($ 379,982.00 ), 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, executors, administrators, successors, and assigns, 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 all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed there under, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications there under. Surety hereby waives the provisions of California Civil Code §§ 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: July 12, 2019 Principal" "Surety" Crew, Inc.The_Hanover Insurance Company Page D-38 By. JABy: It. Damn A. Lalonde, V.P. By _ _ _.__. By: Its Its Attorney -in -Fact, Maria Guise its Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Page D-39 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 riPC.P'f iG`F'.G C/rY`.lrf`C`!'!``f` R`MY f`+A iiY.&`Y rLi^rC'cGY'%•<,E.i=`.f`F;`.cJCli`S.tG'`afi'.4.•f:F`._Y'.i Y` - "- MM A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On October 25th, 2019 before me, Erika A. Arauio, Notary Public Date Here Insert Name and Title of the Officer personally appeared Darrin A. Lalonde Name(f of Signer($)/ who proved to me on the basis of satisfactory evidence to be the person(N) whose name(* is/am subscribed to the within instrument and acknowledged to me that he/st>seftmy executed the same in his/1M it authorized capacity(), and that by hisAPaMr signature( on the instrument the person(A), or the entity upon behalf of which the person(s) acted, executed the instrument. my ERIKA A. ARAUJO Notary Public - California zLos Angeles County Commission it 2234867 Comm. Expires Mar 18, 2022 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature G Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Performance Bond Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(lies) Claimed by Signer(s) Signer's Name: 7 Corporate Officer — Title(s): 7 Partner — J Limited L i General 1 Individual 7, Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner — ___ Limited -' General Individual i Attorney in Fact Trustee O Guardian or Conservator Other: Signer Is Representing: 2014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA County of Orange On OCT —9 4 2313 Date personally appeared before me, Reece Joel Diaz REECE JOEL DIAZ Gr Notary Public - California Orange County > My Commission # 2294772 Comm, Expires Jun 25, 2023 Place Notary Seal Above Insert Name of Notary exactly as it appears on the official seal Maria Guise Name(s) of Notary Public, who proved to me on the basis of satisfactory evidence to be the person(W whose nameWh is/#f# subscribed to the within instrument and acknowledged to me that he/fir#/M#g executed the same in his/fI#f/#Wf authorized capacityu#!), and that by his/n###A* signature(/Q on the instrument the person& or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my ha and ici eal. Signature Signature 07 ry ub c OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name Individual Corporate Officer—Title(s):_ Partner Limited General 9 Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: Number of Pages: Signer's Name Individual Corporate Officer—Title(s): — Partner Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, (hereinafter individually and collectively the "Company") does hereby constitute and appoint, Michael Parizino, Rachelle Rheault, Jeri Apodaca, James Schaller, Rhonda C. Abel, Kim Luu, Jeffrey Strassner, Patricia S. Arana, Tim M. Tomko, Natalie K. Trofimoff and/or Maria Guise Of Alliant Insurance Services, Inc., Newport Beach, CA, each individually, if there be more than one named, as its true and lawful attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any surety bond, recognizance or obligation in the United States, not to exceed Twenty Five Million Dollars ($25,000,000.00) in any single instance. That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. Adopted October 7, 1981 — The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 — Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 29th day of December, 2015. THE HANOVER INSURANCE COMPANY MASSACHUSETTS SAY INSURANCE COMPANY CITIZENS URANCE OMPANY OP AMERICA Rob erl niUR1a5. V it v Pr.__........ THE HANOVER INSURANCE COMPANY MA 8 HUSETT. BAY 1 RA! CE COMPANY CIT EN 1 SUR CE OF AMERICA THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss.h V.—Pe., em On this 291h day of December 2015 before me came the above named Vice Presidents)The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction ofsaidCorporations. it R% ter. OI r11 o Irrw M, oo w.l.ral 4+. Diene J N, Public M, C,nnnus. .. E,,nrc Mt h .A. 20 2 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issuedbysaidCompanies, and do hereby further certify that the said Powers of Attorney are still in force and effect. GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 12th day of July 2019 CERTIFIED COPY --- --" 4 T eDdore G Martirwz, Vice President DUPLICATE ORIGINAL EXHIBIT B PAYMENT BOND Page D-40 DUPLICATE ORIGINAL Executed in Duplicate Bond No. 1064326 Bond Premium Included in the Performance Bond PAYMENT BOND LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded Crew Inc. 19618 S Susana Road. Rancho Dominque CA 90221-5716 Name and address of Contractor) Principal"), a contract (the "Contract") for the work described as follows: Annual Winter Sand Berm Construction and Removal Contract. WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW, THEREFORE, we, the undersigned Principal, and The Hanover Insurance Company, 5 Hutton Centre Dr. Suite 1060 Santa Ana, CA 92707 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 Public Agency in the penal sum of Three Hundred Seventy Nine Thousand Nine Hundred Eighty Two and 00/100 _ Dollars ($ 379,982.00 this amount being not less than fifty percent (50%) of 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, executors, administrators, successors, and assigns, 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, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. 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 Page D-41 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: July 12, 2019 Principal" "Surety" By: Its BY —_ DaMn A. Lalonde V.P. Its The Hanover Insurance Company By: Maria Guise Its '—rney in -Fact BY Its Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Page D-42 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 E:cf,^rnr.n _—"_i.f',c('.=fi,:tsc cYc<',r-:f:c-_r.,'f,t`,r:l.c[`.— .r A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Los Angeles ) On October 25th, 2019 before me, Erika A. Arauio, Notary Public Date Here Insert Name and Title of the Officer personally appeared Darrin A. Lalonde Name(f of Signer($)/ who proved to me on the basis of satisfactory evidence to be the person(IO whose name( is/ace subscribed to the within instrument and acknowledged to me that he/stpeICbtmy executed the same in his/f m it authorized capacity(im), and that by his/&V r signature(jkj on the instrument the person(,$), or the entity upon behalf of which the person(s) acted, executed the instrument. my ERIKA A. ARAUJO Notary Public - California Los Angeles CountyCommission # 2234867 Comm. Expires Mar 18, 2022 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature G `- Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond Document Date: Number of Pages: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: I Corporate Officer — Title(s): Partner — J Limited L. 1 General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner — --Limited 7 General Individual 17 Attorney in Fact Trustee L Guardian or Conservator 7 Other: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA County of Orange Date before me, Reece Joel Diaz , Notary Public, Insert Name of Notary exactly as it appears on the official seal personally appeared Maria Guise Name(s) of Signer(s) OMy REECE JOEL DIAZ Notary Public - California Orange County Commission N 2294772 Comm. Expires Jun 25, 2023 who proved to me on the basis of satisfactory evidence to be the person() whose name(W is/#f# subscribed to the within instrument and acknowledged to me that he/ft/rr y executed the same in hisftffflof authorized capacityu##), and that by his/h##/ signature(Q on the instrument the person(/$p, or the entity upon behalf of which the personQM 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 h a offi 'al seal. Signature Place Notary Seal Above Sign lure to ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name Individual Corporate Officer—Title(s): Partner Limited General R1 Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: Number of Pages: Signer's Name: Individual Corporate Officer—Title(s): — Partner Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, (hereinafter individually and collectively the "Company") does hereby constitute and appoint, Michael Parizino, Rachelle Rheault, Jeri Apodaca, James Schaller, Rhonda C. Abel, Kim Luu, Jeffrey Strassner, Patricia S. Arana, Tim M. Tomko, Natalie K. Trofimoff and/or Maria Guise Of Alliant Insurance Services, Inc., Newport Beach, CA, each individually, if there be more than one named, as its true and lawful attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any surety bond, recognizance or obligation in the United States, not to exceed Twenty Five Million Dollars ($25,000,000.00) in any single instance. That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be binding upon the Company as if they had been duly exectged and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. Adopted October 7, 1981 — The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 — Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 29th day of December, 2015. 914, C.-. 1 a THE HANOVER INSURANCE COMPANY MASSACHUSETTS ®AY INSURANCE COMPANY CITIZENS URANCE OMPANY OF AMERICA Robert rhomas, V ice Pre ident THE HANOVER INSURANCE COMPANY t1re. 8 IIUSETT SAY 1 RA CE COMPANY CI EN 1 8UR ICE OF AMERICA THE COMMONWEALTH OF MASSACHUSETTS ) , COUNTY OF WORCESTER ) ss. 7TheOnthis29thdayofDecember2015beforemecametheabovenamedVicePresidentsHanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. OWN J. m"No NIIwp P%"o Id d I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 12th day of July 2019 CERTIFIED COPY Theodore G h4artinez, Vice Presiden,. CREWINC-01 CLICK d coRv CERTIFICATE OF LIABILITY INSURANCE DATD/YYYY) 7//12/212/2019 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 endorsement(s). PRODUCER License # 0757776 CONTACT NAME: Newport Beach, CA - HUB International Insurance Services Inc. Fn1" co," N , Ext): (949) 623-3980 FAX No): 891-04074695MacArthurCourt, Suite 600 - ( ) Newport Beach, CA 92660 ADDRESS: INSURED Crew, Inc. 19618 S. Susana Road Rancho Dominguez, CA 90221 INSURER(S) AFFORDING COVERAGE NAIC 0 INSURER A:Old Republic General Insurance Corp. 24139 INSURER B: Endurance Risk Solutions Assurance Company 43630 INSURER C: INSURER D: INSURER E: INSURER F: rnVFRAnI=Q L`CDTICIr`ATC All 1YQCD• GC\/ICIr1A1 All IAaGCC. 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. ILTR TYPE OF INSURANCE ADDL SUNSD WBR' POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'006 CLAIMS -MADE X OCCUR X X AICG94241810 2/1/2019 2/1/2020 DAMAGE TO 100'000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1'000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ 2'000'000 POLICY X JEeT LOC PRODUCTS - COM P/OPAGG $ 2,000,000 OTHER: Deductible: $ 10,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000Eaaccident) $ X ANY AUTO X X AICAS4241810 2/1/2019 2/1/2020 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOSBODILYBODILY INJURY (Per accident) $ _ AUTOS ONLY AUTOS ONLY (Per aidntDAMAGE $ Liability Ded: $ 0 B UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1'000,000 X EXCESS LIAB CLAIMS -MADE X XSC30000476701 2/1/2019 2/1/2020 _ AGGREGATE _ $ 1'000,000 DED X RETENTION $ 0 $ A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS' LIABWTY Y/N STATUTE ER _ ANY PROPRIETOR/PARTNER/EXECUTIVE X A1CW94241810 2/1/2019 2/1/2020 1,000,000 OFFICER/MEMBER EXCLUDED? NIA E.L. EACH ACCIDENT $ Mandatory in NH) E.L. DISEASE_ - EA EMPLOYEE $ 1'000'000 It yes, describe under 1,000,000DESCRIPTIONOFOPERATIONSbelowE.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space is required) RE: Annual Sand Berm Construction and Removal. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees, designated volunteers and agents serving as independent contractors in the role of City officials are included as Additional Insureds where required by an executed written contract as respects General Liability and Auto Liability per attached endorsements. This Insurance shall apply as Primary and Non -Contributory where required by an executed written contract as respects General Liability and Auto Liability per attached endorsements. Waiver of Subrogation applies where required by an executed written contract as respects General Liability, Auto Liability, Workers' Compensation and Umbrella Liability per attached endorsements. CCRTICICATC LIr11 n1=0 r`A\Ir M I AT1^ ALrUKU Zb (ZU1b/U3) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Engineer ACCORDANCE WITH THE POLICY PROVISIONS. 211 8th Street, 2nd Floor AUTHORIZED REPRESENTATIVESealBeach, CA 90740 ALrUKU Zb (ZU1b/U3) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1 ACORO` AGENCY CUSTOMER ID: CREWINC-01 LOC #: 1 ADDITIONAL REMARKS SCHEDULE CLICHT Page 1 of 1 AGENCY License # 0757776 NAMED INSURED ewport Beach, CA - HUB International Insurance Services Inc. Crew Inc. 1961$ S. Susana Road Rancho Dominguez, CA 90221POLICYNUMBER EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Cancellation: Should the policy(ies) be cancelled before the expiration date, Hub International Insurance Services Inc. (Hub), independent of any rights which may be afforded within the policies to the certificate holder named below, will provide to such certificate holder notice of such cancellation within thirty (30) days of the cancellation date, except in the event the cancellation is due to non-payment of premium, in which case Hub will provide to such certificate holder notice of such cancellation within ten (10) days of the cancellation date. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: Al CG94241810 COMMERCIAL GENERAL LIABILITY CG 20 10 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) Locations Of Covered Operations WHERE REQUIRED BY AN EXECUTED WRITTEN LOCATIONS AS REQUIRED BY AN CONTRACT. EXECUTED WRITTEN CONTRACT. 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 C 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 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: Al CG94241810 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations WHERE REQUIRED BY AN EXECUTED WRITTEN CONTRACT, BUT ONLY WHEN COVERAGE FOR LOCATIONS AS REQUIRED BY AN COMPLETED OPERATIONS IS SPECIFICALLY EXECUTED WRITTEN CONTRACT. REQUIRED BY THAT CONTRACT. 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" or property damage" caused, in whole or in part, by your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". 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 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. CG 20 37 04 13 C Insurance Services Office, Inc., 2012 Page 1 of 1 OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Location(s) of Covered Operations Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so, we will share with that other insurance by the method described in paragraph 4.c. of Section IV — Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured Crew, Inc. Policy Number Al CG94241810 Endorsement No. Policy Period to 02/01/2020 Endorsement Effective Date: 02/01/2019 Producer's Name: Producer Number: CG EN GN 0029 09 06 EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS Page D-52 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS Business & Professions Code § 7028.15] Public Contract Code § 20103.51 1, the undersigned, certify that 1 am aware of the following provisions of California law and that 1, 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 Page D-53 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.: -&,74.01— Class:--j!!_Cla CP l Expiration Date: g Date: //,.2k a" 'l - Page D-54 EXHIBIT F LABOR LAW REQUIREMENTS Page D-55 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 37001 The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: I. 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 forthinfullherein. 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 ofitssubcontractors. 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 /—%/-- / 9Signatur T Page D-56 INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECT OR WORK: Annual Winter Sand Berm Construction and Removal Contract. Indemnitors) (list all names): 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 "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, 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 Agreement 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 Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement 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 Agreement 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 Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. Indemnitors%' Name /`7wrgu) Name: By: G — ego KJ t afC • By: Its Its Page D-57 Section C PROPOSAL Bidders Name Crew, Inc. E MAYOR AND CITY COUNCIL OF THE The undersigned, as bidder, declares that: (1) -this proposal is made without collusion with any otherPerson, firm or corporation, and that the only persons or parties interested as principals are those namedhereinasswornintheattachedNon -Collusion Affidavit; (2) -bidder has carefully examined the projectPlans, Specifications, Instructions To Bidders, Proposal, Notice Inviting Sealed Bids and all other contractdocumentsandinformationfurnishedthereforandthesiteoftheproposedwork; and (3) -bidder hasinvestigatedandissatisfiedastotheconditionstobeencountered, the character, quality and quantities ofworktobeperformedandmaterialstobefurnished. Furthermore, bidder agrees that submission of thisproposalshallbeconclusiveevidencethatsuchexaminationandinvestigationhavebeenmadeandagrees, in the event this contract be awarded to bidder, to enter into a contract with the City Council of the CITYOFSEALBEACH, to perform said proposed work in accordance with the Plans, ifany, and the terms oftheSpecifications, 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 befurnishedorprovidedunderthetermsofsaidSpecifications, for the following stated unit prices or lumpsumpriceassubmittedontheBidSheetherein. The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial SafetyRecord. This Safety Record must include all construction work undertaken in the State of California by thebidderandanypartnership, joint venture or corporation that any principal of the bidder participated in as aprincipalorownerforthelastfivecalendaryearsandthecurrentcalendaryearpriortothedateofbidsubmittal. Separate information shall be submitted for each such partnership, joint venture, or corporate orindividualbidder. The bidder may attach any additional information or explanation of data which he wouldliketobetakenintoconsiderationinevaluatingthesafetyrecord. An explanation of the circumstancessurroundinganyandallfatalitiesmustbeattached. Accompanying this proposal is Bidder's Bond (Insert "cash", "a Cashier's Check", "a certified check", or "aBidder's Bond in the form fiurnished by the City", as the case may be) in the amount of $ ; 7, q_gg,2_ . anamountequaltoatleasttenpercent (10%) of the total aggregate bid price based on the quantities shownandtheunitpricesquoted. The undersigned bidder agrees that should bidder be awarded the Contract on the required evidence ofthebasishereofandthereafterfailorrefusetoenterintoaContractandprovideinsuranceandbondswithin15calendardaysafterwrittennoticeoftheawardthebeforfeitedtothecityinaccordancewithPublicContractCodesectio, h, check or bond shall n -the cash, except as otherwise20174. The undersigned agrees that in the event of such failure, provided in Public Contract Code section 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 contracttofurnishalllabor, materials and supplies for this project in accordance with the Specifications, Plans otherContractDocumentswhichareonfileintheofficeoftheCityEngineeroftheCITYOFSEALBEACH, tothesatisfactionandunderthedirectionoftheDirectorofPublicWorks, at the following prices: completedbytheundersignedisfixedat30workingdaysworkingdaysstartingfromthedayaftertheissuanceoftheNoticetoProceed. Page C- t i City of Seal Beach California PROPOSAL FOR ANNUAL CONTRACT FOR SAND BERM CONSTRUCTION AND REMOVAL BID SHEET WINTER SAND BERM CONSTRUCTION/REMOVAL 1 1 LS Sand Berm Construction with Backpass - Winter 2019 Words, per LS $185000 Figures per LS Total (Figures) $ 185, 000 2. LS Sand Berm Removal - Spring 2020 Words, per LS $ 3 O, 000 _ Figures per LS Total (Fig ures) 3. 1 LS Additional hourly work during Year 1TenThousanddollars _ 10,000.00 _ Words, per LS _--_----__—_-- Figures per LS Total (F res) $10,000.00 _ 4. 1 LS Sand Berm Construction- Winter 2020 115,000Words, per LS Figures per LS Total (Figures) 5• l LS Sand Berm Removal - Spring 2021 _ Words, per LS -- - - - Figures --perS Total (Figures) C182 Page C-2 6. 1 LS Ten Thousand dollars Words, per LS TOTAL BID PRICE (items #I through 96) Additional hourly work during Year 2 Total (Figures) y_ $10,000,00 10,000.00 Figures per LS T-hf"-h Y-1*— ?4_sevent nine +Koos_ ni 3_ WORDS htAntjfe79,982 gh#e--two -- 011 a S FIGURES IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALLPREVAIL. Page C-3 NOTE. The Cil',,' reserves the right to award a contract to the lowest responsible bidder in parts or in itsentiretyandreservestherighttorejectallbidsandre -advertise, as appears to be in the best interests of theCity. Abid is required for this entire work, the estimated quantities set forth in this Bid Sheet being solelyforthepurposeofcomparingbids, and final compensation under the Contract will be based upon the actualquantitiesofworksatisfactorilycompleted. The unit and/or lump sum prices bid shall include allappurtenantexpenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit pricesshallgovernoverextendedamounts, and words shall govern over figures. The City reserves the right toincreaseordecreasetheamountofanyquantityshownandtodeleteanyitemfromtheContract. The undersigned bidder agrees that, if awarded the Contract, bidder will complete all work according to thecontractdocuments. The undersigned bidder is licensed in accordance with the requirements of theBusinessandProfessionsCode, California Contractor's License No.- A, C12, C21, C31(REQUIRED AT TIME OF AWARD)- 696291 _ Class Legal Business Name of Bidder Crew, Inc. usiness Address -- -- — ---- 19618 S sang Rd., Rancho Dominguez CA 90221-571EsmessTel.--_—__-_-- 310) 608-6860 19 Vice-President/Secreta ryi -nature Date ----_ Title 4/22/19 Vice-President/SecretaryigneDate Title f Signature _ __ _. Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing businessunderafictitiousname, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/jointventurersoroffewerthanallofthepartners/joint venturers if submitted with evidence of authority to actonbehalfofthepartnership/joint venture. If bidder is a corporation, legal name of corporation must beprovided, followed by signatures of the corporation President or Vice President and Secretary or AssistantSecretary, and the corporate seal. Signatures of partners, joint venturers, or corporation officers must beacknowledgedbeforeaNotaryPublic, who must certify that such partners, joint venturers, or officers areknowntohimorhertobesuch, and, in the case of a corporation, that such corporation executed theinstrumentpursuanttoitsbylawsoraresolutionofitsBoardofDirectors. Page C-4 IiNFOR.YIATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the followinginformationistrueandcorrect: Name of individual Contractor, Company or Corporation: Business Address: 19618 S. Susana Road, Rancho Dominguez, CA 90221-5716 Telephone and Fax Number: T- (310)-6 - -- - - 08-6860 _F.'_(31_0)508_6865 California State Contractor's License No. and Class: #'696291REQUIREDATTIMEOFAWARD) _______ Class; A, C12, C21, C31 Original Date Issued: 2/3/94 Expiration Date: 6/30/20 List the name and title/position of the person(s) who inspected for your firm the site of the work proposedinthesecontractdocuments: Darrin A. Lalonde, Vice -President The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures. and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone David M. Lalonde President 19618 S. Susana Road, Rancho Domin uez, CA 90221-5716 (310) 608-6860 Darrin A. Lalonde Vice -President 618 S. Susana Road, Rancho Dominguez, CA 90221-5716 310)608-6860 Corporation organized under the laws of the State of California The dates of any voluntary or involuntary bankruptcy judgements against any principal having an interestinthisproposalareasfollows. N/A page C-5 All current and pr G.B.A.'s, aliases, and ficti proposalthisproposal are ass follows: tious business names for any principal having interest in N/A For all arbitrations, la -suits, settlements or the like (in or out of court) you have been involved in withprojectowners (public agencies, private companies, etc...) in the past five years (Attach additional Sheetsifnecessary) provide; Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; State the tribunal (i.e., Superior Court, American Arbitration Association, etc.) the matter number andoutcome. Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. Have you ever been terminated for cause and then had it converted to a "termination of convenience"? Ifso, explain. No For any projects you have been involved with in the last 5 years did you have any claims or actions: Circle One I By you against the owner? Yes / 2. By the Tner against you? Yes /M Page C-6 3, By any outside agency or individual for Labor con-ipiiance (i.e. 4701 failure to pay prevailing mage, falsifying certified payrolls, etc-) No n 4. Yes / 4. By Su contractors (Stop Notices, etc.) Yes /E° 5. Are any claims or actions unresolved or outstanding? Yes / i o If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a comptete and accurate manner may beconsiderednon-responsive. Subscribed and sworn to before me By This April -- day of -22 __- z© Vid nd1.9 ( nt n e ne or reside to rpor ti mpany) Signature of Notary Republic) - -- - ignature) Vice-President/Secretary SEAL) (Title) _ _ _ 2/19 Date) n re a o ra Page C-7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the State of California ) County of Los Angeles ) On April 23rd, 2019 before me, Erika A. Arayjo Notary PublicDate Here Insert Name and Title of the Officer Personally appeared Darrin A. Lalonde Name(f) of Signer($)/ who proved to me on the basis of satisfactory evidence to be the person(* whose name(K) is/Raesubscribedtothewithininstrumentandacknowledgedtomethathe/stpey executed the same inhis/,. ,: it authorized capacity(), and that by hist/Mr signature(§ij on the instrument the person(), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraphistrueandcorrect. ERIKA A. ARAUJO WITNESS my hand and official seal. Notary Public - California Los Angeles County s f/ 3CJ Commission # 2234867 Signature My Comm. Expires Mar 18, 2022 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document orfraudulentreattachmentofthisformtoanunintendeddocument. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: 9 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 7 Corporate Officer — Title(s): 7J Partner — __I Limited L 1 General 1 Individual Attorney in Fact Trustee Guardian or Conservator J Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner — -- Limited General Individual 1—il Attorney in Fact Trustee __. Guardian or Conservator7Other: Signer Is Representing: 2014 National Notary Association ^ www.NationalNotary org ' 1 -800 -US NOTARY (1 -800-876-6827) Item #5907 z EFE 14'CES, Contrcactoy rnz1st use this form,'!./ Please print or type. Bidders Name Crew, Inc. FAIL;RE OF THE BIDDER 1`0 PROVIDE: Al.[ RF.QU[R ED iNFORNIATION [N A COMPLETE AND ACCURA"IE tNIANNERMAYBECONSIDEREDVON-RF.SPONS[VE. For all public agency projects you have worked on (or are currently working on) in the past 2 years inexcessof $15,000, provide the following information: I Project Name/_dumber Phase II of the New Wiseburn High School Project Project Description Construction of new pool and gymnasium, site improvements, and modernization. Approximate Construction Dates From to 12/1/2017 - 1/19/2018 Agency Name Wiseburn Unified School District Contact Personan FoUch Telephone (949 502-4000 Original Contract Amount$ 2 122 870z . Final Contract Amount $ 2,122,870 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 2 Project NameiN umber Perris High School No. 4 Project Description Construction of new high school including classrooms and parking lots. Approximate Construction Dates From - 3/4/2Q19 to 3/31/2020 Agency dame Perris Union High School District Contact PersonRo Wager I - _W Telephone (goo 947-3768 Original Contract Amount $ 8,940,QQQ.._.__. Final Contract Amount $ $,940,000__.._ If final amount is different from original, please explain (change orders, extra work, etc.) N/A Page C-8 Did you file any claims against the Agency? Did the Agency rile any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No Project Name,i'umbel. - Banning High School Project Description Construction of new classroom buildings parking lot, site improvements Approximate Construction Dates From 12/1/2018 to _8/30/2019 Agency Name Banning Unified School District Contact Person Robin Weise Telephone (909) 476-0590 Original Contract Amount $ 2,168,000 Final Contract Amount $ 2,168, 000 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. i 4 Project Name/Number _____Torrance Elementa School Modernizations Project Description Construction of new classroom buildings and site improvements. Approximate Construction Dates From 7/2/2018 to 9/6/2018 Agency Name Torrance Unified School District Contact Person David Meyer _-._----_--__ _---------____-- - _ Telephone (949) 502=4000 Original Contract Amount $ 751,00-0 Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Page C-9 Nc 5Project Name/dumberOak Vlew Elementary School Gymnasium Project Description Construction of new gymnasium and site improvements. Approximate Construction Dates From 5/31/201$_ to Agency game Ocean View School District Contact Person Anne Acurso Telephone (9091.476-0590 Original Contract Amount $ 194750 __ Final Contract Amount $ _194',750 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 6 Project Name/Number Irvine Science Labs Project Description Construction of three new science labs and site im rovements. J p Approximate Construction Dates From ---6/4/2018 _-_ to 8/31 /2018 Agency Name - _ __-_--_ - Irvine Unified _School Dista -- ---- - _ Contact Person LaNette Barris lelcpiione (909 947-3768__ _ Original Contract Amount $ 358,800 Final Contract Amount $ 358,800_ _ If final amount is different from original, please explain (change orders, extra work, etc.) NI/Al- Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No Page C- 161 1., Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General ConstructionSuperintendentoron-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficientlycomprehensivetopermitanappraisaloftheContractor's current financial conditions. Page C- i 1 DESIGNATION OF SURETIES Bidder's name Crew, Inc, Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends toprocureinsuranceandbonds (list by insurance/bond type): Insurance: HUS International Services, Inc. 4695 Macarthur Court, Suite 600, Newport Beach, CA 92660 9-4 9) -623 -398 - 0r - Bond: 623-3980 Bond: Alliant Insurance Services, Inc. S Street, 6th floor, San Die oL CA 92101 P: _(61-9) _849-3851 Page C-12 ACKNOWLEDGEMENT OE ADDENDA Bidder's name Grew Inc. The bidder shall signify receipt of all Addenda here, if any: Page C-13 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Grew, Inc. Record Last Five (5) Full Years Current Year of Record n»•• • _,_ « « uic 'auic as iequlrea for columns 3 to 6, Code 10, OccupationalInjuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. Legal Business Name of Bidder _ Grew, Inc. Business Address: 19618 S. Susana Rd., Rancho Dominguez, CA 90221-5716 Business Tel. No.: (310) 608-6860 State Contractor's License No. and Classification: #696291 _ A, C12, C21, C31 Title Vice-President/SecretaryTheaboveinformationwascomfiledfromtherecordsta vailably eat this time and I declare under penalty of perjury that w e in ormatio is tr an a c ate ithin e lim ations of those records. Signature of bidder Date _""'- -- ---_ A Signature of bidder MLI _ Title Vice-President/Secretary Date Title -- Signature of bidder ---- -_ Date ---- — — ---- --- Title ---- ---- ----- _------- Signature of bidder - Date - Title_ -_--- Page C-14 Current Year of Z 2T o 1 2 p I z z o I Total Year No. ot'contracts Record8 7- 5 - 1 5 1 i_ a i I 28 i---- 53 47 48 48 48 272 Total- - dollar j Amount Of Contracts (in$ t 15 M 19.9 M' $19.8 18.5 18.5 15-5' 107.2 M Thousands of No. of fatalities O 0 0-0 o No. of last Workday 1 oCasesI No. of lost— workday cases i involving 1 permanent transfer to o O 0 0 another job or termination of i i employment ThP i„f. f,* n»•• • _,_ « « uic 'auic as iequlrea for columns 3 to 6, Code 10, OccupationalInjuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. Legal Business Name of Bidder _ Grew, Inc. Business Address: 19618 S. Susana Rd., Rancho Dominguez, CA 90221-5716 Business Tel. No.: (310) 608-6860 State Contractor's License No. and Classification: #696291 _ A, C12, C21, C31 Title Vice-President/SecretaryTheaboveinformationwascomfiledfromtherecordsta vailably eat this time and I declare under penalty of perjury that w e in ormatio is tr an a c ate ithin e lim ations of those records. Signature of bidder Date _""'- -- ---_ A Signature of bidder MLI _ Title Vice-President/Secretary Date Title -- Signature of bidder ---- -_ Date ---- — — ---- --- Title ---- ---- ----- _------- Signature of bidder - Date - Title_ -_--- Page C-14 If bidder is an indb idual., name and signature of individual must be provided, and, if he is doing businessunderafictitiousname, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or of fewer than all of the partners joint ventures if submitted with evidence of authority to act onbehalfofthepartnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President andSecretaryorAssistantSecretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that suchpartners/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 ofDirectors. Page C-15 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California )SS. County of LosAn eles Darrin A. Lalonde being first duly sworn, deposes and says that he or she isVice -President of Crew, Inc. _ the party making the foregoing bid, in accordance with Public Contracts Code Section 7106, declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Project Name: Annual Contract for Sand Berm Construction and Removal Legal Business Name of Bidder _ Crew, Inc. Business Address Business Tel. No. Signature of bidder Tinel------- Date: J --_--- 19618 S. Susana Road, Rancho Domi Vice -P CA 90221-5716 o- e _ Signature of bidder -- ------ t,,-------------------.---,----- Vice-President/Secretary itle____.______—__--_-._—__-____ Vice-President/Secretary 4/22/19 Date: — --- ---- Subscribed and Sworn to before me on Notary Seal) Page C-16 Signature Notary Public CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE ii89 A notary public or other officer completing this certificate verifies only the identity of the individual who signed thedocumenttowhichthiscertificateisattached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Los Angeles ) On April 23rd, 2019 before me, Erika A. Arauio Notary Public Date Here Insert Name and Title of the Officer personally appeared Darrin A. Lalonde Name(4) of Signer($)/ who proved to me on the basis of satisfactory evidence to be the person(k) whose name(K) is/saesubscribedtothewithininstrumentandacknowledgedtomethathe/atXXey executed the same inhis/1K wir authorized capacity(iex), and that by hist 4r signature(* on the instrument the person(x), or the entity upon behalf of which the person(s) acted, executed the instrument. 4 ° ir4 ERIKA A. ARAUJo Notary Public - California Los Angeles County > Commission k 2234867 My Comm. Expires Mar 18, 2022 Pon Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraphistrueandcorrect. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: I Corporate Officer — Title(s): 1 Partner — __i Limited I General J Individual Attorney in Fact Trustee =_ Guardian or Conservator Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner — -- Limited — General Individual 1-1 Attorney in Fact Trustee Other: Guardian or Conservator Signer Is Representing: k.r->.cr,:z z;?;.=c;.z .suo x..r` .re-ce:;G e«>.< c.Z;-h,zz>'c%;! ;r;cc,`[-G_C.hy..,-r 2014 National Notary Association • www.NationalNotary org 1 -800 -US NOTARY (1-800-876-6827) Item #5907 LIST OF SUBCONTRACTORS TO ACCOMPANY PROPOSAL In compliance with the provisions of Public Contract Code Section -4104, the undersigned bidder submitting this bid proposal sets forth the name, place of business and the portion of the work to beperformedby: (l) -each subcontractor who will perform work or labor or render service to the bidder (as general contractor) in or about the construction of the work or improvement; and (2) -each subcontractor licensed by the State of California who, under subcontract to the bidder. specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the bidder's total bid or, in the case of bids or offers for the construction of streets, highways or bridges, in excess of one-half of one percent ofthebidder's total bid or ten thousand dollars ($10,000), whichever is greater. Subcontractor's Name, Address, Telephone # Bid Item Number Percent Of Total Bid Description of Work Percent of Total Bid i I I i 1 1 Iii 4 i 1 I 111 i + i i i a i Page C-17 Bond No. N/A _ _ _ __ _Bond Premium N/A BID BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has issued an invitation for bids for the work described as follows: Annual Winter Sand Berm Construction and Removal. WHEREAS_ Crew, Inc., 19618 S. Susana Road, Rancho Dominguez, CA 90221 Name and address of Bidder) Principal"), desires to submit a bid to Public Agency for the work. WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder's security with their bid. NOW, THEREFORE, we, the undersigned Principal, and The Hanover Insurance Company, 5 Hutton, Centre Drive, Suite 1060, -Santa Ana, CA 92707 Name and address of Surety) Surety'') a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Ten Percent of Bid Amount Dollars ($ _ , 10% ___ _____ ), being not less than ten percent (10%) of the total bid 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, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for the work by the Public Agency and, within the time and in the manner required by the bidding specifications, enters into the written form of contract included with bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverage, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by the Public Agency in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code § 2845. Page C- 18 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: April 19, 2019 Principal" Crew, Inc. By: By: Its By: By: Its Seal) Surety" The Hanover Insurance Company AAttoZrney-in-Fact:Maria Guise Its Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signingasattorney-in-fact must be attached. Page C-19 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 I A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness. accuracy, or validity of that document. State of California ) County of Los Angeles ) On April 23rd, 2019 before me, Erika A. Arauio, Notary Public Date Here Insert Name and Title of the Officer personally appeared Darrin A. Lalonde Name(f of Signer($)/ who proved to me on the basis of satisfactory evidence to be the person(k) whose name( is/tee subscribed to the within instrument and acknowledged to me that he/may executed the same inhis/13m)bvir authorized capacity(), and that by hist tr signature(k on the instrument the person(6), 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. 4 a.. ERIKAA. ARAU)O Notaryary Public - California z D' Los Angeles County > Signature Commission # 2234867 My Comm. Expires Mar 18, 2022 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 7 Corporate Officer — Title(s): 7 Partner — =J Limited I l General 1 Individual Attorney in Fact Trustee Guardian or Conservator 71 Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner — -__ Limited General Individual 1-1 Attorney in Fact Trustee C Guardian or Conservator Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org , 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA. • CIVIL j c.Nsa+n .. - nt•.rb i. rtlace rc. s.t!wt i.<.. rt. nz s' ,nt nt:a+ : v:t sC :a :• c:Ns.t%s,!<va-.>t^.,t-a<%s..,:+cmc r+ ;. -v;t .;t+.. n< •..Na.N A notary public or other officer completing this certificate verifies only the identity of the individual who signed the W document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange On APR 19 2019 before me, •_ Heather Rose Saltarelli, Notary Public Date Here Insert Name and Title of the Officer uI personally appeared Maria Guise Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name(s) is/axes subscribed to the within instrument and acknowledged to me that /she/tkey, executed the same in M/her/tkaauthorized capacity(ins), and that by rxislher/**k signature(*) on the instrument the person(*), or the entity upon behalf of which the persons} acted, executed the instrument. Place Notary Seal Alcove 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. 1 Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: _ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Partner -- Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): _ Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: b ".D'.Y. Y "'N /. Y -•Y "'Y 'N 'Y '{ Y Y Y 'Y Y 'Y ..Y HEATHER ROSE SALTARELLI Notary Public - California i t Orange County Commission 2248219 My Comm. Expires Jul 27, 2022 Place Notary Seal Alcove 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. 1 Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: _ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Partner -- Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): _ Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: b ".D'.Y. Y "'N /. Y -•Y "'Y 'N 'Y '{ Y Y Y 'Y Y 'Y ..Y THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA v.. . %' n t t vRIvG IF THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except inthemannerandtotheextenthereinstated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, (hereinafter individually and collectively the "Company") doesherebyconstituteandappoint, Michael Parizino, Rachelle Rheault, Jeri Apodaca, James Schaller, Rhonda C. Abel, Kim Luu, Jeffrey Strassner, Patricia S. Arana, Tim M. Tomko, Natalie K. Trofimoff and/or Maria Guise Of Alliant Insurance Services, Inc., Newport Beach, CA, each individually, if there be more than one named, as its true and lawful attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they hadbeendulysignedbythepresidentandattestedbythesecretaryoftheCompany, in their own proper persons. Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated andtotheextentofanylimitationstatedbelow: Any surety bond, recognizance or obligation in the United States, not to exceed Twenty Five Million Dollars ($25,000,000.00) in any single instance. That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be binding upon the Company as if theyhadbeendulyexecutedandacknowledgedbytheregularlyelectedofficersoftheCompanyintheirownproperpersons. RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. Adopted October 7, 1981 — The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; AdoptedSeptember7, 2001 — Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested bytwoVicePresidents, this 291h day of December, 2015. MII7 3Ypa°:: THE HANOVER INSURANCE COMPANY MASSACHUSETTS WAY INSURANCE COMPANY CITIZENS URANCE'ROMPANY OF AMERICA Robert Thomas, Vi T President THE HANOVER INSURANCE COMPANY MA SA HUSETT BAY1 CE COMPANYCITENSUCEEAMERICATHECOMMONWEALTHOFMASSACHUSETTS ) COUNTY OF WORCESTER ) ss. „ , e,e. vim On this 29th day of December 2015 before me came the above named Vice Presidents The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The HanoverInsuranceCompany, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that thesaidcorporatesealsandtheirsignaturesasofficersweredulyaffixedandsubscribedtosaidinstrumentbytheauthorityanddirectionofsaidCorporations. OIAME J. MA(+11A10 fl0try DUNG I pr lryilry w N orwdwlw e.... Diane I a -a, Not aro Pvl.lic• NI, C-11— oo L'apa— Ma -h 3. 2022 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens InsuranceCompanyofAmerica, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issuedbysaidCompanies, and do hereby further certify that the said Powers of Attorney are still in force and effect. GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 19th day of April 2019 CERTIFIED COPY Tleemore G A4ar?inez, Vice Prtwidcnt 4A 4 Crew, Inc. Grading & Excavating Education and Experience of Key Personnel 1 _711 _ 12 David M. Lalonde, President Santa Clara University — Bachelor of Science, 1989 30 years field and managerial experience in the excavation and grading trade. David's family has been involved in the construction equipment and earthmovingindustrysince1962. Darrin A. Lalonde, SecretaryN.P. University of San Diego — Bachelor of Science, 1994 25 years field and managerial experience in the excavation and grading trade. Darrin's family has been involved in the construction equipment and earthmovingindustrysince1962. Andrew Kerr, C.F.O. California State University, Long Beach — Bachelor of Science, 1993 California State University, Long Beach — Masters in Policy & Administration, 2012 25 years experience in construction financial management. A key manager in developing the company since its inception in 1994. Ron Brenneman, General Superintendent Fullerton College — General Education Studies, 1970 47 years trade experience as an equipment operator, foreman, field superintendent, and estimator. Jerry Perez, Equipment Manager & Head Mechanic 22 years experience working on heavy earthmoving diesel machinery. Prior to joining Crew Inc. in 2004, Jerry became an expert mechanic and manager helping to operate his family's business, Ramon Perez Equipment & Repair. Jerry now supervises a team of 10 mechanics, drivers and support technicians. Greg Smith, Senior Diesel Mechanic 38 years experience and training working with diesel equipment. Advanced Training program, United States Army, Fort Knox, KY. John Deere University., Service manager/heavy equipment diesel repair—various companies in So. California construction industry. Extensive training in field service, welding/fabrication, hydraulic/electrical repair, and safety. Agenda Item F AGENDA STAFF REPORT DATE:October 11, 2021 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Steve Myrter, P.E., Director of Public Works SUBJECT:Rejecting All Bids for the Annual Slurry Seal Program, CIP O-ST-1 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7203 rejecting all bids received for the Annual Slurry Seal Program, CIP O-ST-1. BACKGROUND AND ANALYSIS: The FY 2021-2022 Capital Improvement Program budgeted $250,000 for the City’s annual slurry seal program to improve roadway conditions within the City. The design utilizes Rubberized Emulsion Aggregate Slurry (REAS), which is a higher performance and longer lasting product compared to conventional slurry. On September 2, 2021, the City advertised and solicited bids for the Project. On September 23, 2021, the City Clerk’s office received one (1) bid with the following results: Rank Contractor Total Base Bid Low Pavement Coatings Co.$ 231,575.00 The engineer’s estimate for construction cost is $190,000, which makes the received bid $41,575 (approximately 22%) higher than anticipated. This bid amount exceeds the allocated budget once the design, contingency, and inspection cost are included. Staff attributes the lack of bid participation to external product sourcing issues. Due to the project bid cost, low number of bids submitted, lack of competitive bid environment, and desire to remain under budget, staff recommends that the City Council reject all bids in accordance with Section 1010 of the Seal Beach Charter, which provides that the legislative body may reject any bids presented and readvertise in its discretion. Page 2 1 1 1 1 Staff will review and modify the Project to allow for an increase in bid interest and competitive pricing. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: Staff time will be required to review and modify the Project documents for rebidding. This amount will be nominal and additional funding is not anticipated. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. MEASURE BB: This item is not applicable to Measure BB, the Seal Beach Neighborhood and Essential Services Protection Measure. RECOMMENDATION: That the City Council adopt Resolution 7203 rejecting all bids received for the Annual Slurry Seal Program, CIP O-ST-1. SUBMITTED BY: NOTED AND APPROVED: Steve Myrter Jill R. Ingram Steve Myrter, P.E., Director of Public Works Jill R. Ingram, City Manager Prepared by: Denice Bailey, MPA, Assistant Engineer ATTACHMENTS: A. Resolution 7203 RESOLUTION 7203 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL REJECTING ALL BIDS FOR THE ANNUAL SLURRY SEAL PROGRAM, CIP O-ST-1 WHEREAS, on September 2, 2021, the City issued a solicitation for bids for the Annual Seal Program, CIP O-ST-1 (“Project”); and, WHEREAS, on September 23, 2021, the City Clerk’s office received one (1) bid in response to the solicitation for bids; and, WHEREAS, the apparent low bid was $231,575, more than 22 percent higher than the engineer’s estimate of $190,000; and, WHEREAS, Section 1010 of the Seal Beach Charter provides that the City Council may reject any and all bids presented and may re-advertise in its discretion; and, WHEREAS, the Director of Public works recommends rejecting all bids and that the Project be readvertised for bids. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: SECTION 1. The City Council hereby rejects all bids received on September 23, 2021 for the Annual Slurry Seal Program, CIP O-ST-1. SECTION 2. The City Council hereby authorizes and directs the Public Works Director to readvertise the Project for bids. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 11th day of October, 2021 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Joe Kalmick, Mayor 6 3 1 3 ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7203 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 11th day of October 2021. Gloria D. Harper, City Clerk