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HomeMy WebLinkAboutAGMT - Jilk Heavy Construction Inc (SB Pier Emergency Repair Project CIP No EM2301)tj _� PUBLIC WORKS AGREEMENT SEAL BEACH PIER EMERGENCY REPAIR PROJECT CIP NO. EM2301 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 P Jilk Heavy Construction, Inc. 500 S. Kraemer Boulevard, Suite 380 Brea, CA 92821-6779 (310) 830-6323 (310) 835-2163 - FAX THIS CONTRACT ("Contract") is made as of February 13, 2023, by and between the City of Seal Beach, a California charter city ("City"), and Jilk Heavy Construction, Inc., a California corporation ("Contractor") (collectively, "the parties" and individually, a "party„). RECITALS A. WHEREAS, the City Council of the City of Seal Beach ("City") approved the contract documents for the Seal Beach Pier Emergency Repair, CIP EM2301, ("Project"); and B. WHEREAS, Contractor submitted a Bid to City for the Project dated January 20, 2023 in the amount of $1,083,624 ("Bid" hereinafter) pursuant to the City Manager's Declaration of Local Emergency dated January 17, 2023, which was subsequently ratified by the City Council on January 23, 2023; and C. WHEREAS, Contractor is a California licensed General Engineer ("A") and General Building ("B") Contractor (State Contractor's license number (License #709151), DIR # 1000002928 and D. WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code, City desires to engage Contractor to carry out the Project in the manner set forth herein and more fully described in Section 1.0. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: CONTRACT Contractor's Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work ("Work") for the Project identified as Seal Beach Pier Emergency Repair ("Project") as described in this Contract and in the Contract Documents listed in Subsection 1.2. 1.2 Contract Documents. The Contract Documents consist of this Contract and all the following: Notice Inviting Bids, Instructions to Bidders, Accepted Bid Proposal and Bid Sheets, Notification of Award, Noncollusion Declaration, Designation of Subcontractors, Contractor's Industrial Safety Record, Contractor's Technical Ability and Experience References, Resumes, Bidder Questionnaire, Bid Bond, Faithful Performance Bond, Payment Bond (Labor and Materials), permits from regulatory agencies with jurisdiction, Special Provisions, Specifications, General Provisions, Plans, Standard Plans, Reference Documents, and any other documents referenced therein, all Addenda setting forth any modifications or interpretations of any of said documents, Change Orders, and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete 2 the Work in a substantial and acceptable manner; and all Exhibits attached to this Contract. The Exhibits attached to this Contract include the Performance Bond (Exhibit A), Payment Bond (Labor and Materials) (Exhibit B), Workers' Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Acknowledgment of Labor Law Requirements (Exhibit F), Standard Specifications and Reference Documents (Exhibit G), Non -Collusion Declaration (Exhibit H), Contractor's Industrial Safety Record (Exhibit 1), Declaration of Subcontractors (Exhibit J), and Accepted Bid Proposal with Bid Sheets (Exhibit K). All Contract Documents are hereby incorporated into this Contract. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 1.4 In the event of any material discrepancy between the express provisions of this Contract and the provisions of the other Contract Documents, the provisions of this Contract shall prevail. 2. Effective Date. This Contract is effective as of February 13, 2023 (the "Effective Date"), and shall remain in full force and effect until Contractor has rendered the services required by this Contract and a Notice of Completion has been filed with the Orange County Recorder, unless sooner terminated or extended pursuant to this Contract. 3. Contractor's Compensation. 3.1 Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in accordance with the Bid Proposal as full compensation therefor, but in no event will City pay more than the total not -to -exceed amount of $1,083,624 (One Million Eighty -Three Thousand Six Hundred Twenty Four dollars and 00/100), subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 3.2 Additional Work. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council, subject to the not -to -exceed amount set forth in Section 3.1. Payment for additional work in excess of the total amount approved by the City Council shall require additional City Council approval. 4. Contractor's Personnel. 4.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by the Seal Beach Municipal Code and other state and local laws and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 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, prevailing wages, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law and the California Labor Code regarding Contractor and Contractor's employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of labor or personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Contract. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Indemnification. 5.1 Contractor's Duty. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, indemnify, and hold the City and its elected and appointed officials, officers, attorneys, agents, employees, volunteers, licensees, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, liabilities and losses 4 of any nature whatsoever, including fees of accountants, attorneys or other professionals and all costs associated therewith and the payment of all consequential damages (collectively, "Liabilities"), in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, the acts or omissions of Contractor, its officers, agents, attorneys, servants, employees, Subcontractors, materialmen, contractors, or their officers, agents, servants or employees (or any entity or individual for whom the Contractor bears legal liability)in the performance of the Contract, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. The City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5 of the Specifications. 5.2 Taxes and Workers' Compensation. Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. Contractor shall fully comply with the Workers' Compensation law regarding Contractor and Contractor's employees. Contractor shall indemnify and hold the City harmless from any failure of Contractor to comply with applicable Workers' Compensation laws. City may offset against the amount of any fees due to Contractor under the Contract any amount due to City from Contractor as a result of Contractor's failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5.2. 5.3 Bid Protests. In addition to all other obligations set forth in this Section 5, 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. 5.4 Civil Code Exception. Nothing in this Section 5 shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City's active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 5.5 Workers' Compensation Acts not Limiting. Contractor's indemnifications and obligations under this Section 5, or any other provision of the Contract, shall not be limited by the provisions of any Workers' Compensation act or 5 similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers. 5.6 Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 5 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City. 5.7 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract. 5.8 Subcontractor Indemnity Agreements. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of the Contract. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom Contractor's Subcontractor bears legal liability) in the performance of the Contract, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the Parties. 5.9 Survival. The provisions of this Section 5 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 6. Insurance. 6.1 Liability Insurance. Contractor shall at all times during the term of this Contract carry, maintain and keep in full force and effect the insurance referenced in this Section 6. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 11 6.1.1 Exhibit D-1: Commercial General Liability. 6.1.2 Exhibit D-2 Automobile Liability. Additional Insured Endorsement - Additional Insured Endorsement - 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 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. Coverage for claims under U.S. Longshore and Harbor Workers' Compensation Act, if required under applicable law, shall be included. 6.2.5 Professional Liability insurance. Unless the City waives in 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 Contract or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 6.3.3 Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and Workers' Compensation Insurance in the amount required by law. 6.4 Additional Insureds. City, its elected and appointed officials, officers, employees, attorneys, agents, licensees, volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to Contractor or City. F 6.5 Replacement Insurance. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by the Contract during the term of the Contract. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. This shall be in addition to all other legal options available to City to enforce the insurance requirements. 6.6 Certificates of Insurance with Original Endorsements. Contractor shall submit to City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements must be executed on City's forms titled "Additional Insured Endorsement," copies of which are attached as exhibits to this Contract, or on any other form that contains substantially the same terms and is approved by City's Risk Manager. The endorsements must specifically name the City of Seal Beach and its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials as insureds or additional insureds. Current insurance certificates and endorsements shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies at any time. 6.7 Deductibles and Self -Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance. 6.8 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.8.1 For any claims related to this Contract, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, volunteers and those City agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, volunteers or those City agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it. 6.8.2 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.8.3 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 calendar days prior written notice by first class mail has been given to City. 6.8.4 Each insurance policy required by this Section 6 shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City or agency officials. By executing this Agreement, Contractor waives all rights of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. 6.9 Acceptability of Insurers. Insurance is to be placed with insurers admitted in California with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's Risk Manager. 6.10 No Limitation on lndemnity. The insurance provisions shall not be construed to limit Contractor's indemnity obligations contained in this Contract or any other Contract Documents. 6.11 Insurance Requirements not Limiting. If Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 6, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. 6.12 Subcontractors. Contractor shall require each of its Subcontractors that perform services under the Contract to maintain insurance coverage that meets all of the requirements of the Contract including this Section 6. 7. Liquidated Damages. Should the Contractor fail to complete the Project, or any part thereof, in the time agreed upon in the Contract Documents, 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 $1.000.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the Project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Contract. 9. Notices. Any notices, bills, invoices, or reports authorized or required by this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211 -8th Street Seal Beach, California 90740 Telephone: (562) 431-2527 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 211 -8th Street Seal Beach, California 90740 If to Contractor: Jilk Heavy Construction, Inc. 500 S. Kraemer Boulevard, Suite 380 Brea, CA 92821 Telephone: (310) 830-6323 Fax: (310) 835-2163 Attn: James F. Jilk 10. Non -Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12. Non -Waiver of Terms Rights and Remedies. Waiver by either party of 10 any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 13. Attorneys' Fees. In the event that either party to this Contract shall commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys' fees. 14. Construction. The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the State of California, with venue in Orange County, California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Contract shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract or who drafted that portion of the Contract. 15. Workers' Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract." 16. Prevailing Wages. The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply, and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including but not limited to those set forth in Exhibits E and F, attached hereto. 17. Claim Dispute Resolution. 17.1 In the event of any dispute or controversy.1with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be characterized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. 11 17.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein. 18. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties. 19. Prohibited Interests: Conflict of Interest 19.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work under this Agreement. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Work. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 19.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 19.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non -contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during 12 the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described) in this subsection. 20. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Contract supersedes all prior oral or written negotiations, representations,, or agreements. This Contract may not be amended, nor any provisionjor breach hereof waived, except in a writing signed by the parties which expressly refers to. this Contract. 21. Severability. The invalidity in whole or in part of any provisions of this Contract shall not void or affect the validity of the other provisions of this Contract. 22. Titles and Headings. The titles and headings used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it. 23. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 24. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 13 IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Contract as of the date first written above. CITY OF SEAL BEACH Attest: Approved as to Form: By: Vie-, City Attorney �l; �i�'+O�G�S' CONTRACTOR: JAmes F. Jilk Chi f Executiv Officer (, Jeremiah T. Jilk Chief Financial Officer/Secretary (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313. 14 February 6, 2023 Attention: Email: Gentlepersons: Iris Lee ilee@sealbeachca.gov Revised Jilk Heavy Construction, Inc. 500 S. Kraemer Blvd., Suite 380 Brea, CA 92821-6779 TEL: (310) 830-6323 FAX: (310) 835-2163 E -Mail: general@jilkhc.com We are pleased to submit the following quotation for repairs to the Seal Beach Pier after the recent storm damage at the Seal Beach Pier, Seal Beach, California. Price includes replacing the damaged or missing boat landing and pier pile components listed below. Boat Landing and Pile Replacement: • Remove and dispose of existing gangway (including dive work) • Supply/install 9 each 16" dia. x 55' plastic piles • Supply/install 2 each header beams • Supply/install 2 each galvanized u -shaped pile brackets • Supplyrnstall upper and lower waler system on new outer 5 fender piles • Supply/install galvanized angle bracing on new outer 5 fender piles • Supply/install New aluminum gangway • Supply and drive 2 each treated timber piles • 2 new timber piles will be wrapped with HDPE pile wrap system • Supply/install 2 new galvanized pile to cap brackets • Load and dispose of existing piles/wood debris following proper disposal requirements • Provide temporary fencing during all work activities on the pier Total Amount for above work: $855,244.00 Price for other pier storm damage that was observed during the boat inspection on 1/19. This includes 30 broken or missing timber braces, 15 pile wrap damage locations and 7 handrail post and 100 LF of mid rail replacement. Additional Storm Damage Repair Work: • Replace 30 broken or missing timber braces • Patch HDPE pile wrap on up to 15 timber piles • Repair up to 100 LF of handrail Price for additional storm damage: $228,380.00 General Contractor e Bridge a Civil a Marine • Pile Driving 0 Shoring Q CSLB#: 709151 AB HAZ DIR#: 1000002928 PAGE 2 Price excludes engineering, permits, inspections, and parking fees. Price is based on the city providing adequate area in the parking lot adjacent to the pier for laydown yard and parking. The = above price includes a budget of $80,000 to purchase the new aluminum gangway landing. If the cost of the gangway is more or less the price will be adjusted. The pier will need to be closed off 6 bents before the landing area but the rest of the pier can remain open. There will be 2 days in the begin and 2 days at the end of the project where the pier will be fully closed while the crane is walked on mats down the pier. The above work will be substantially complete on or before May 25th 2023 and allowing for the Seal Beach Pier to be opened fully before the Memorial Day weekend, if the pile material and gangway are ordered ASAP. The, gangway will be installed as soon as it is manufactured and shipped. This may be slightly outs side the substantial completion date depending on procurement. A dive inspection should be performed to identify any remaining storm damage to the pier. Sincerely, Zice President EXHIBIT A FAITHFUL PERFORMANCE BOND Bond No. WCN7449060 Premium: $9,377.00 PERFORMANCE BOND Subject to Change, Based on Final Contract Price KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach ("City"), has awarded to Jilk Heavy Construction, Inc. 500 S Kraemer Blvd., Ste 380, Brea, CA 92821 ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: SEAL BEACH PIER EMERGENCY REPAIR. CIP EM2301 (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and Old Republic Surety Company 445 South Moorland Road Suite 200, Brookfield, Wisconsin 53005 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of One Million Eighty Three Thousand Six Hundred Twenty Four and no/100--------------------------------------------------------------------------------------------------- Dollars ($1,083,624.00 ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: February 13, 2023 Jilk Heavy Construction, Inc. "Principal" 500 S . Kraemer Blvd.. Ste 380 Brea , CA 92821 By: By: Old Republic Surety Company "Surety" 445 South Moorland Road Suite 200 Brookfield, Wisconsin By: VVVU-" Its Melissa b By: Its ttordi el -in -Fact J0� SU cap" Op SEAL ; (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 EB � ?92 Albert Melendez On ,before me, ,Notary Public, personally appeared Melissa Lopez who proved to me on the basis of satisfactory evidence to be the person(k) whose name() is/aVe subscribed to the within instrument and acknowledged to me that h*/she/tl*y executed the same in his/her/Ofeir authorized capacity(ixs), and that by bis/her/th6r signature(o on the instrument the person(g), or the entity upon behalf of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. ALIBIWAELENM Commission t 2391461 aAy cowty Comm. ExaireS Jan 23.2o26 PLACE NOTARY SEAL ABOVE WITNESS my hand and official seal. SIGNATURE t z 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 this form to another document. Description of attached document Title or type of document: Document Date: Signer(s) Other than Named umber of Pages: yt* ** * OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint Melissa Lopez its true and lawful Attomey(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage derrciency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS Principal: Jilk Heavy Construction, Inc. Obligee: City of Seal Beach and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (1) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (Ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent, or @Q when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 20th day of September 2022 OLD REPUBLIC SURETY COMPANY .`o`eJ0 SU7tFT`��' s m f N*rw•rrr o c /f/// Sgt SEAL }_ Assistant Secretat Y � President STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS On this 20th day of September 2022 , personally came before me, Alan Pavlic and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seat and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. s '::pha61G i Notary Public My Commission Expires: September 28, 2026 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) - I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attomey, are now in force. a"aaU1Sa 4ip Nrr� CJlost SEAL i= ORSC 22262 (3-06) Signed and sealed at the City of Brookfield, WI this 13th day of February 2023 4'pj 4�d Assistant Secretary �r it * OLID REPUBLIC SURETY COMPANY * �k 45 S. Moorland Road, SWEe 00, Brookrield, WI 5-3005 T: SL -0-21-1-11192 ,com ADDENDUM TO SURETY BOND This addendum pertains to the bond(s) to which it is attached and that have been issued on behalf of Old Republic Surety Company - Old Republic Surety Company considers the electronic image of the following corporate seal that is affixed to the bond(s) to be of the same effect as if the seat was physically stamped or impressed onto the bond(s)- E3 All terms and conditions of the bond(s) remain unchanged_ Signed and effective this twelfth day of May, 20,,20_ Old Re b rety Company By--- Alan y_Alan Pavlic, President { r OLD RF,PURIAC:IiV5T3R,'aNC:N GROUP >��.• CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On February 14, 2023 Date personally appeared before me, Anna Lisa Paila, Notary Public Here Insert Name and Title of the Officer Jeremiah Jilk Nome(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(j) whose name(j) is/4JO subscribed to the within instrument and acknowledged to me that he/sf{e/tU y executed the same in his/IIOJ/tYff r authorized capacity(ies), and that by his1lWr/tV#ir signature(s) on the instrument the person($), or the entity upon behalf of which the person( acted, executed the instrument. *My ANNA LISA PAILA Notary Public - California Los Angeles County Commission # 2326674 Comm. Expires May 14, 2024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature re2t� gnature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Performance Bond Number of Pages: 2 Signer's Name: Jeremiah Jilk Signer's Name: Jeremiah Jilk 19 Corporate Officer — Title(s):Chief Financial Officer® Corporate Officer — Title(s): Secretary ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Jilk Heavy Construction, Inc. Jilk Heaw Construction, Inc. 02019 National Notary Association EXHIBIT B PAYMENT BOND (LABOR AND MATERIALS) PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: Bond No. WCN7449060 Premium: Included in Cost of Performance bond. WHEREAS the City of Seal Beach ("City"), State of California, has awarded to Jilk Heavy Construction, Inc. ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: SEAL BEACH PIER EMERGENCY REPAIR, CIP EM2301 (Project name) WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and Old Republic Surety Company 445 South Moorland Road Suite 200 Brookfield, Wisconsin 53005 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of One Million Eighty Three Thousand Six Hundred Twenty Four and no/00 -------------------------- Dollars ($1,083,624.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: February 13, 2023 "Principal" Jilk Heavy Construction, Inc. r (Seal) "Surety" Old Republic Surety Company 445 South Moorland Road Suite 200 Brookfield Wisconsi 3005 1 By: Its Melissa Loi e ttorney in -Fact By: Its 0���?� Jp coaPontrF 00 SEAL i 30 (SIM, • Y: Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attomey-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 FEB i J 2023 , before me, Albert Melendez Notary Public, personally appeared _ Melissa Lopez who proved to me on the basis of satisfactory evidence to be the person(X) whose name() Waite subscribed to the within instrument and acknowledged to me that 11V/she/t1*y executed the same in his/her/tPfeir authorized capacity(igs), and that by bis/her/th6r signature(s) on the instrument the person(g), or the entity upon behalf of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. ALBERT MELENM _ Notary Public - Calitomia a Orange County s Commission Y 2391461 My Comm. Endres Jan 23. 2026 PLACE NOTARY SEAL ABOVE WITNESS my hand and official seal. SIGNATURE i 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 this form to another document. Description of attached document Title or type of document: Document Date: Number of Pages: Signer(s) Other than Named * OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: Melissa Lopez its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of Installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS Principal: Jilk Heavy Construction, Inc. Obligee: City of Seal Beach and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seat of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent', or (fi) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant toand within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 20th day of September 2022 ".1 J° s"ut " OLD REPUBLIC SURETY COMPANY �'0�,, •Te 9' SEAL j=` �c� rm tr Assistant Secretaty� , ' President """�Of/Ilbllltt{it STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS On this 20th day of September 2022 , personally came before me, Alan PavfiC and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seat affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. �J�/\j)A �� * !-l � - �� M,/ CD ,[Ja44'I t — — _ _ Notary Public My Commission Expires: September 28, 2026 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) 1, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. su bUra� i "11C. s QJOJ�•^TSO s 1-4. = {SEAL February 13th 2023 Signed and sealed at the City of Brookfield, WI this dayof��((��,, , ORSC 22262(3-06) ���"1°gyp°tt�� Assistant Secretary OLD REPUBLIC SURETY COMPANY * * ** 443 .5. b• t)t)rlaiid Ro-.Ld, Suite 2OO, BrciakfL ld, NVI 5360 ADDENDUM TO SURETY BOND This addendum pertains to the bonds) to which it is attached and that have been issued on behalf of Old Republic Surety Company - Old Republic Surety Company considers the electronic image of the following corporate seal that is affixed to the bond(s) to be of the same effect as if the seal was physically stamped or impressed onto the bond(s)- SEAL rm All terms and conditions of the bond(s) remain unchanged_ Signed and effective this twelfth day of May, 20,20 - Old Repub ret r Company By_ Alan Pavlic, President I" r (Lf D i2F,PUR1,1(. IN.SURA`(:$ ((OUP CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On February 14, 2023 before me, Anna Lisa Paila, Notary Public Date Here Insert Name and Title of the Officer personally appeared Jeremiah Jilk Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($) whose name(j) is/off subscribed to the within instrument and acknowledged to me that he/sffe/tOy executed the same in his/j0j/tV#Ir authorized capacity(ies), and that by his/hdr/tVf r signature(s) on the instrument the person(%), or the entity upon behalf of which the person(§0 acted, executed the instrument. certify under PENALTY OF PERJURY under the *my ANNA LISAPAILA laws of the State of California that the foregoing Notary Public - California Los Angeles County Para his true and correct. 9raPCommission # 2326674 Comm. Expires May 14, 2024 WITNESS my hand and official seal. Signatur Place Notary Seal and/or Stamp Above (jignature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: 2 Signer's Name: Jeremiah Jilk Signer's Name: Jeremiah Jilk Corporate Officer — Title(s):Chief Financial Officer® Corporate Officer — Title(s): Secretary ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Jilk Heavy Construction, Inc. Jilk Heavy Construction, Inc. 02019 National Notary Association EXHIBIT C WORKER'S COMPENSATION INSURANCE CERTIFICATE WORKERS' COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the City of Seal Beach ("City") has required certain insurance to be provided by: Venbrook Insurance NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time: 1. This certificate is issued to: City of Seal Beach City Hall 211 8t' Street Seal Beach, California 90740 The insureds under such policy or policies are: Jilk Heavy Construction, Inc. 2. Workers' Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows: Policy Number Effective Date Expiration Date T10230132 01/01/2023 01/01/2024 'h-7ArjWJT,W. EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Jilk Heavy Construction, Inc. 500 S. Kraemer Blvd., Suite 380, Brea CA 92821 Name and address of named insured (`Named Insured"): Venbrook Insurance 6320 Canoga Ave., 12th Floor, Woodland Hills, CA 91367 Name and address of insurance company ("Company"): General Contractor General description of agreement(s), permit(s), license(s), and/or activity(ies) insured. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach ("City"), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials, are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 81' Street Seal Beach, CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS POLICY PERIOD LIMITS OF ENDORSEMENT ATTACHES FROM/TO LIABILITY General Liability 01/01/2023 - 01/01/2024 $1,000,000.00 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: 0 Contractual Liability ❑ Owners/Landlords/Tenants o Manufacturers/Contractors ❑ Products/Completed Operations 0 Broad Form Property Damage ❑ Extended Bodily Injury ❑ Broad Form Comprehensive o General Liability Endorsement ❑ Explosion Hazard ❑ Collapse Hazard ❑ Underground Property Damage io Pollution Liability ❑ Liquor Liability F 12. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all coverage(s) except: if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one). 13. This is an A occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on 01/01/2023 at 12:01 a.m. and forms a part of Policy Number MLIB-1001348-03 I, Jeremiah Jilk (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsemt and that by my execution hereof, I do so bind the Company. n T Executed February 14 , 2023 7RWTtt;�4-\ Signat re of horized Representative (Original signature only; no facsimile signature Telephone No.: (330 830-6323 or initialed signature accepted) EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Jilk Heavy Construction, Inc. 500 S. Kraemer Blvd., Suite 380, Brea CA 92821 Name and address of named insured (`Named Insured"): Venbrook Insurance 6320 Canoga Ave., 12th Floor, Woodland Hills, CA 91367 Name and address of insurance company ("Company"): General Contractor General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach ("City"), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 8t' Street Seal Beach, CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS POLICY PERIOD ENDORSEMENT ATTACHES FROM/TO Automobile Liability 01/01/2023 - 01/01/2024 LIMITS OF LIABILITY $1,000,000.00 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Any Automobiles 0 All Owned Automobiles 0 Non -owned Automobiles 0 Hired Automobiles ❑ Scheduled Automobiles ❑ Garage Coverage ❑ Truckers Coverage ❑ Motor Carrier Act ❑ Bus Regulatory Reform Act ❑ Public Livery Coverage 1-1 12. A s6 deductible or ❑ self-insured retention (check one) of $ 1,000.00 applies to all coverage(s) except: (if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one). 13. This is an 0 occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on 01/01/2023 at 12:01 a.m. and forms a part of Policy Number CF2CA00215-231 I, Jeremiah Jilk (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company oth;isend6rsement and that by my execution hereof, I do so bind the Company. Executed February 14 20 23 Sigf0ture of Au iz d Representative (Ori inal signature only; no facsimile signature Telephone No.: (31JO 830-6323 or initialed signature accepted) EXHIBIT D-3 ADDITIONAL INSURED ENDORSEMENT [INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY, IF REQUIRED] ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Jilk Heavy Construction, Inc. 500 S. Kraemer Blvd., Suite 380, Brea CA 92821 Name and address of named insured ("Named Insured"): Venbrook Insurance 6320 Canoga Ave., 12th Floor, Woodland Hills, CA 91367 Name and address of insurance company ("Company"): General Contractor General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach ("City"), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 Eighth Street Seal Beach, California 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS POLICY PERIOD LIMITS OF ENDORSEMENT ATTACHES FROM/TO LIABILITY Excess Liability 01/01/2023 - 01/01/2024 10,000,000.00 ❑ Following Form ❑ Umbrella Liability 11. Applicable underlying coverages: INSURANCE COMPANY Endurance American Insurance POLICY NUMBER OMX10008514607 AMOUNT $10,000,000.00 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 13. A ❑ deductible or ❑ self-insured retention (check one) of $_ all coverage(s) except: (if none, so state). ❑ per claim or ❑ per occurrence (check one). 14. This is an o occurrence or ❑ claims made policy (check one). applies to The deductible is applicable 15. This endorsement is effective on 01/01/2023 at 12:01 a.m. and forms a part of Policy Number OMX10008514607 1, Jeremiah Jilk (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company totl�its endorsement and T by my execution hereof, I do so bind the Company. j Executed February 14 , 20 23 Telephone No.: (39 830-6323 Signa of Authorized` (Orig al signature only; no A or initialed signature accepted) signature EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.15] [Public Contract Code § 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at, the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre -qualification questionnaire and financial statement. Failure of the Bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the Contract and shall result in the forfeiture of the security of the Bidder. License No.: 709151 Class: A, B, Haz Expiration Date: July 31, 2023 Date: February 2, 2023 EXHIBIT F AGREEMENT TO COMPLY WITH LABOR LAW REQUIREMENTS AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.6, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with a[I applicable provisions of California law, including but not limited to the following: 1. Contractor acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the Work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more,than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply�ith such provisions before commencing the performance of the Work of this Contract." '' II - February 2, 2023 signaturew _ EXHIBIT G STANDARD SPECIFICATIONS AND REFERENCE DOCUMENTS 1. Standard Specifications for Public Works Construction ("Greenbook") 2. Construction Specifications Institute ("CSI") 3. CIP BP1002 Pier Upgrades 4. CIP BPI 103 Pier Structural Assessment Implementation 5. CIP 863 50217 Seal Beach Pier Deck Rehabilitaiton EXHIBIT H NON -COLLUSION DECLARATION NONCOLLUSION DECLARATION FORM TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (PUBLIC CONTRACT CODE SECTION 71061 The undersigned declares: I am the Chief Financial Officer foregoing Bid. of Jilk Heavy Construction, Inc, the party making the The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any Person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on February 2, 2023 [date], at Brea [city], California [state]. Seal Beach Pier Emergency Repair, CIP EM2301 Project Name: Jilk Heavy Construction, Inc. Legal Business Name of Bidder 500 S. Kraemer Blvd., Suite 380, Brea CA 92821 Business Address (310) 830-6323 Business Tel. No. --miah Jilk, CFO Date: February 2, 2023 Signature: lvt� Printed Name: Je emiah Jilk, Secretary Date: February 2, 2023 This form must be notarized. CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange i On February 2, 2023 before me, Anna Lisa Paila, Notary Public Date Here Insert Name and Title of the Officer personally appeared Jeremiah Jilk Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($) whose name(j) isl4ff subscribed to the within instrument and acknowledged to me that he/s#e/td1 y executed the same in his/q0j/tV#ir authorized capacity(ies), and that by his/I*r/tV#ir signature(s) on the instrument the person($), or the entity upon behalf of which the person(j) acted, executed the instrument. *my ANNA LISA PAILA Notary Public - California Los Angeles County Commission II 2326674 i — Comm. Expires May 14, 2024 Place Notary Seal andlor Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sign OPTIONAL of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Noncollusion Declaration Form Number of Pages: 1 Signer's Name: Jeremiah Jilk Signer's Name: Jeremiah Jilk m Corporate Officer — Title(s):Chief Financial Officer® Corporate Officer — Title(s): Secretary ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Jilk Heavy Construction,'Inc. Jilk Heavy Construction, Inc. 02019 National Notary Association EXHIBIT I CONTRACTOR'S INDUSTRIAL SAFETY RECORD W m (a CL U U 0 co E E CD vi N �L (0 O ca Q 7 U U 0 0 N .O O U POCC M O C E 7 O U O N c' N CD (a N E (0 y O t V co E — N No Z LQ O = �p co L co C: o o c E c O t6 C N N 7 i - U C O U N C O U Y L N m 0 N E 0 Z N N N C Z m CD J 0 0 M N >U > N Mn N O M ca O 0 m U C NO Q C Y LL CO O - a) r M oo U cn N Q U (D C: Z 7 m (0 0 0 CN N CN LO r CD 60- 00 N 00 LO 1- O M 0 � C) Mj o ch 0 N y} CN c N 0 O N 60- r � O It N O O N N C14 o LO O O 0 N d0 co V9, c o O L O U}(D 0 a)L 4— -0 w C cu CU C O i 0 E.0 O Y U C (n N L =3 3 3C'�E O 0C N o cu m 0 0 �0 O f6 O O cu 0 j 0 0 (D N U N O N Nco -0 E E -0 N Eo 0 -0 cn �- EU) (n Z ��_`� I-0-0 Z Zcoi Zcoi�� (a CL U U 0 co E E CD vi N �L (0 O ca Q 7 U U 0 0 N .O O U POCC M O C E 7 O U O N c' N CD (a N E (0 y O t V co E — N No Z LQ O = �p co L co C: o o c E c O t6 C N N 7 i - U C O U N C O U Y L N m 0 N E 0 Z N N N C Z m CD J 0 0 M N >U > N Mn N O M ca O 0 m U C NO Q C Y LL CO O - a) r M oo U cn N Q U (D C: Z 7 m / / f CD -a / W 0. 0 ( E \ § / 0 / S2 12 f=0 o § M k o \ Q\ E O 2�\ e Rƒ m 2f k� 22 / \ /\ 0 0 k\ / u= dk // k/ ko § 0 :3 cum ƒ // Fo q C) C\l L, § � CD ± (D kn O q 5 q k § % � d LL m w 0 0 c 0 :3e==–" §2/�(D0 7\/o§2m \S/>I a /$E° =r 4 -on E2°:\�/ e»« ea) r0m_��£ g4— NW c co aim> 0-000 k c> 0– \G�ƒ\§ (D-0 a)a) %Sake« c 0 � E $Ef / ate r-09 0== 2\a) 2«6$22$ r- =@2 S d$R�$§ E.0 ' 0 3��■5. f § e r_- E§ o k \ $ o �m=" ���//\/ .60 2 o IoW=� > Ewa-/ a0< 2 0 »_ ��� 0 0 C 2 tm k ®/ z o «£tb«@% E / 0 – § 0 / m=C_%o 2 > -0 = o =2»–r_=■ >a=E�\� a�M0r CL §\f �§ 0 0(D o @r0o&£e :3 cj a mtaeo�c �E»2\f-a =2077§§ § 2 a) -a CD -0 C. E g- Q o m o �®> &o/3 /\to$R5 7/\�£%&2 m o = e k$r'7E�3 • m t 2@ o o m § 2 CL ± E f §–a)CL=030 ' g a a 2 a o �Eo§e§ck 2®–C:00�0 b/M00C$ roao>-�d� EXHIBIT J DESIGNATION OF SUBCONTRACTORS � 0 $ § a cu � k E & � 02� ® R �uj kC0 /� @42g 2 6 �\o o72g� fo o� @ 0 � �k) m �7 o. 2 «32@3:ui §®6 0 St■R« e§§RoT /moo � 27 0ok CURpo@ 00-0 §caC-0 o ok°�g m kƒ S 2 0'o 0 2 0 & § 0 & / @ / § as 3 E /� 22�2/k L �= m o = e Cu M0 J �ƒk2^2 -0 cn R 0 Lo LL �g22o) 2 � 2C) tm 2 RJ @ 0 ¢ @ o L -M Q 0- « 0©0Cz R%�k2U)f- k w @ § / 2 § o o-§®§£ � § S \ 0EcSw0 E S %� � 7 2 = o = § a E @ " � o C: o 0 a) _ � k �3:�§§ .r-0— /k°°�r_ tm 0 2 04- @ 'r, ° 0 m @ o g 2 0 0 0 CL o «kcj� @omaE 2 E cu > —0 cu CLcm -00 / k � §m0m � /� fo �7 27 I o �t- 4-- - Q \ E k 0 E k k � o Co —0 k7E �� k 0 kk- S �� @ m /t/ 02 $2 3: o a) 2 0 �r- a)a 2 Q a)0\-0 2 k // pt� 3 � 0 � CO @ 0 Q cu 0 Q k � 0 $ 0 CL§ CL@ X- 40- 0 k0 § @ 'S 0 0 It -I 0 @ � m $ ƒ ca co m 2 0 @ � 0 @ 7 k CL� @ / EXHIBIT K BID PROPOSAL / 70 A�� © CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 2/2/2023 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 Venbrook Insurance Services CONTACT NAME: Venbrook Insurance Services 6320 Canoga Avenue, 12th Floor Woodland Hills, CA 91367 IPA . N Exo: • 818-598-8900 IF No): 818-598-8910 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # 1/1/2024 INSURER A: Liberty Mutual Insurance Company A XV 23043 www.venbrook.com CA Lic No. OD80832 INSURED INSURER B: Everest National Insurance Company A+ XV 10120 Jilk Heavy Construction, Inc. 500 S. Kraemer Blvd., Suite 380 Brea CA 92821 INSURER C: Endurance American Insurance Company A+ XV 10641 INSURER D : StarStone National Insurance Company A- XI 25496 INSURER E: Evanston Insurance Company A XV 35378 $ INSURER F : AUTOMOBILE LUABILITY✓ ANY AUTO OWNEDSCHEDULED ✓ AUTOS ONLY AUTOS HIRED NON -OWNED ✓ AUTOS ONLY ✓ AUTOS ONLY om $1,000 Coll ✓ $1,000 Comp COVERAGES CERTIFICATE NUMBER: 72845337 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICYEFF MM/DDY EXP LIMITS A ✓ COMMERCIALGENERALLIABILITY CLAIMS -MADE F✓ OCCUR ✓ BFPD/XCU/OCP ✓ `( MLIB-1001348-03 1/1/2023 1/1/2024 EACH OCCURRENCE $1000000 DAMAGE 11 PREMISESEa occurz0ence $50000 MED EXP (Any one person) $ 5,000 ✓ Contractual PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: RPOLICY ✓� JEC LOC V( OTHER: $25,000 Deductible GENERAL AGGREGATE $2,000,000 PRODUCTS-COMP/OPAGG $2,000,000 $ B AUTOMOBILE LUABILITY✓ ANY AUTO OWNEDSCHEDULED ✓ AUTOS ONLY AUTOS HIRED NON -OWNED ✓ AUTOS ONLY ✓ AUTOS ONLY om $1,000 Coll ✓ $1,000 Comp ✓ CF2CA00215-231 1/1/2023 1/1/2024 (S' $1,000,000 $1000'000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident $ ' C UM13RELLALIAB EXCESS LUAB �/ OCCUR CLAIMS -MADE OMX10008514607 1/1/2023 1/1/2024 EACH OCCURRENCE $10000000 AGGREGATE $10,000,000 DED RETENTION$ $ D WORKERS COMPENSATION EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE —] OFFICERIMEMBEREXCLUDED7 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N /A ✓ T10230132 1/1/2023 1/1/2024�/ STATUTE IFAND E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE- POLICY LIMIT $1,000,000 E D Pollution Liability USL & H / Jones ✓ MKLV5ENV103509 T10230132 4/11/2022 1/1/2023 4/11/2023 1/1/2024 Limit $10,000,000/Ded $25,000 Ea. Acc 1M / Dis/Empl 1M/1 M DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: JHC Job # 2760 - Seal Beach Pier Emergency Repair - Project CIP No. EM2301 **SEE ATTACHED ADDENDUM** rGRT!F!C-ATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 72845337 1 23-24 GL AU EX WC 22-23 POL I Yvonne Alfaro 1 2/2/2023 7:00:06 PM (PST) I Page 1 of 9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Clty Hall ACCORDANCE WITH THE POLICY PROVISIONS. 211 8th Street Seal Beach CA 90740 AUTHORIZED REPRESENTATIVE Yvonne Alfaro ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 72845337 1 23-24 GL AU EX WC 22-23 POL I Yvonne Alfaro 1 2/2/2023 7:00:06 PM (PST) I Page 1 of 9 AGENCY CUSTOMER ID: LOC #: ACC?R" ® ADDITIONAL REMARKS SCHEDULE Page of AGENCY Venbrook Insurance Services NAMED INSURED Jilk Heavy Construction, Inc. 500 S. Kraemer Blvd., Suite 380 Brea CA 92821 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (03/16) HOLDER: City of Seal Beach City Hall ADDRESS: 211 8th Street Seal Beach CA 90740 RE: JHC Job # 2760 - Seal Beach Pier Emergency Repair - Project CIP No. EM2301 The City of Seal Beach ("City"), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are named as Additional Insured's under the General Liability Liability and Auto Liability policy if required by written contract with the Named Insured but only for coverages and limits provided by the policy and the additional insured endorsement. Primary & Non-contributory applies to General Liability, Auto Liability & Pollution Liability. Waiver of Subrogation applies to General Liability, Auto Liability, Pollution Liability and Workers Compensation/Employers Liability. Umbrella follows form. *10 Days Notice of Cancellation for Non -Payment of Premium, 30 Days All Others. ACORD 101 (2008/01) v cuua w�,vrcu �,�rcrvrw nrrv. r�u yuw nam vcu. The ACORD name and logo are registered marks of ACORD ADDENDUM 72845337 1 23-24 GL AU EX WC 22-23 POL I Yvonne Alfaro 1 2/2/2023 7:00:06 PM (PST) I Page 2 of 9 Marine Business Owners Policy Marine General Liability Liberl Section I. International Underwriters, LIBERTY MUTUAL INSURANCE COMPANY (A Massachusetts Stock Insurance Company, hereinafter the "Company") Effective Date: 01/01/2023 Policy Number: MLIB-1001348-03 Issued To: Jilk Heavy Construction, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION ENDORSEMENT In consideration of the payment of additional premium, the Company agrees with the Named Insured as follows: 1. In events where the Named Insured is required by written contract to include another party as an Additional Insured under this policy, the Company consents to such inclusion, but coverage for such Additional Insured shall only be with respect to liabilities incurred as a result of Covered Operations performed by the Named Insured and such coverage is limited to the indemnity obligations assumed by the Named Insured. Inclusion of an Additional Insured shall not increase the Limits of Liability hereunder. 2., In events where the Named Insured is required by written contract to have its insurer waive subrogation rights against another party, the Company consents to such waiver, but only with respect to Covered Operations performed by the Named Insured. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. M -1333 -MGL -E031 (03-14) 72845337 123-24 GL AU EX WC 22-23 POL I Yvonne Alfaro 12/2/2023 7:00:06 PM (PST) I Page 3 of 9 Marine Business Owners Policy Marine General Liability Section I. LIBERTY MUTUAL INSURANCE COMPANY (A Massachusetts Stock Insurance Company, hereinafter the "Company") Liber International Llnderi niters. Effective Date: 01/01/2023 Policy Number: MLIB-1001348-03 Issued To: Jilk Heavy Construction, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: If no entry appears above, this endorsement applies to all Additional Insureds covered under this policy. Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis, unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. M-1333-MGL-EO53 (03-14) 72845337 123-24 GL AU EX WC 22-23 POL I Yvonne Alfaro 12/2/2023 7:00:06 PM (PST) I Page 4 of 9 Marine Business Owners Policy Marine General Liability Libert lixtk Section I. International Underwriters. LIBERTY MUTUAL INSURANCE COMPANY (A Massachusetts Stock Insurance Company, hereinafter the "Company") Effective Date: 01/01/2023 Policy Number: MLIB-1001348-03 Issued To: J1Ik Heavy Construction, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AMENDED AGGREGATE LIMITS OF INSURANCE ENDORSEMENT (PER PROJECT) It is agreed that the General Aggregate Limit under Item 3 on Dec Page —Limits of Insurance and as indicated in the Declarations shall be reinstated for each project for each entity listed in the Schedule below but only: 1. With respect to "your work" for each entity listed in the Schedule which is away from premises owned or rented by the Named Insured; 2. If the policy General Aggregate has been exhausted; and 3. If there is no other coverage or limits available to the insured under any other insurance carried by the insured or for the insured's account that would apply if the General Aggregate Limit of Insurance of this po Marine General Liability Premium: Included ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED M-1333–MGL 72845337 1 23-24 GL AU EX WC 22-23 POL I Yvonne Al£aro 1 2/2/2023 7:00:06 PM (PST) I Page 5 of 9 Jilk Heavy Construction, Inc. CF2CA00215-231 COMMERCIAL AUTO ECA 04 52104 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART SCHEDULE Name Of Additional Insured Organization ALL ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED TO BE NAMED AS AN ADDITIONAL INSURED ON THIS POLICY WITH REGARD TO THEIR OPERATION, MAINTENANCE, OR USE OF A COVERED "AUTO". Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to the Who Is An Insured paragraph under Section 11— Liability Coverage: The organization shown in the Schedule with respect to the operation, maintenance, or use of a covered "auto" if you are required to add such organization to this policy as an additional insured in order to comply with the terms of a written "insured contract" or written agreement. This does not apply when such contract or agreement: A. Involves the owner or anyone else from whom you hire or borrow a covered "auto" unless it is a "trailer" connected to a covered "auto" you own; or B. Is executed after the date of "loss". This paragraph does not apply if: 1. The terms and conditions of the written "insured contract" had been agreed upon prior to the "accident" or "loss'; and 2. You can definitively establish that the terms and conditions of the written "insured contract" ultimately executed are the same as those which had been agreed upon prior to the "accident" or "loss". ECA 04 52104 14 Copyright, Everest Reinsurance Company, 2014 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., used with its permission 72845337 1 23-24 GL AU EA WC 22-23 POL I Yvonne Alfaro 1 2/2/2023 7:00:06 JN8URW)CQPVage 6 of 9 Jilk Heavy Construction, Inc. CF2CA00215-231 COMMERCIAL AUTO ECA 24 509 04 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION - BLANKET This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART Paragraph c. of the Other Insurance General Condition is replaced by the following: c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Liability Coverage is primary and we will not seek contribution from any other insurance for any liability assumed under an "insured contract" that requires liability to be assumed on a primary noncontributory basis. Additionally, only the coverage and limit of insurance requirements of the "insured contract' shall apply, and in no event shall those requirements exceed the coverage and limits of insurance provided under this policy. ECA 24 509 04 14 Copyright, Everest Reinsurance Company, 2014 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., used with its permission 72845337 1 23-24 GL 'AU EX WC 22-23 POL I Yvonne Al£aro 1 2/2/2023 7:00:06 INSUR )OP9'age 7 of 9 Jilk Heavy Construction, Inc. COMMERCIAL AUTO CF2CA00215-231 ECA 24 503 02 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Name of Person or Organization: ALL PERSONS OR ORGANIZATIONS AS REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED. THE WRITTEN CONTRACT MUST BE SIGNED PRIOR TO THE DATE OF THE "ACCIDENT". (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: 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 an "accident" or "loss", provided that you are required under a written agreement to waive your rights of recovery. The written agreement must be made prior to the date of the "accident" or "loss". This waiver applies only to the person or organization shown in the Schedule above. ECA 24 503 02 14 Copyright, Everest Reinsurance Company, 2014 Page 1 of 1 ❑ Includes copyrighted material of Insurance Services Office, Inc., used with its permission. 72845337 1 23-24 GL AU EX WC 22-23 POL I Yvonne Al£aro 1 2/2/2023 7:00:06 JN8UfM)CQPVage 8 of 9 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be —*—% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description WHERE YOU ARE REQUIRED BY WRITTEN CONTRACT TO OBTAIN THIS AGREEMENT FROM US, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. *The premium charge for this endorsement shall be 2% of the premium developed in the State of California, but not less than $500 policy minimum premium. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required onlywhen this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective1/'t/2023 Policy NOT10230132 InsuredJilk Heavy Construction, Inc. Insurance Company StarStone National Insurance Company A- Xi Countersigned By WC 04 03 06 (Ed. 4-84) ©1998 by the workers' Compensation Insurance Rating Bureau of California. All rights reserved. Endorsement No. Policy Effective Date 1/1/2023 72845337 1 23-24 GL AU EX WC 22-23 POL I Yvonne Alfaro 1 2/2/2023 7:00:06 PM (PST) I Page 9 of 9 ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF JILK HEAVY CONSTRUCTION, INC. The undersigned, as members of the Board of Directors of Jilk Heavy Construction, Inc., a California corporation, and being all of the members of such Board as presently constituted, do by this writing consent to take the following action and adopt the following resolution effective November 15, 2019: RESOLVED, that JAMES F. JILK, as Chief Executive Officer of the corporation, and JEREMIAH T. JILK, as Secretary and Chief Financial Officer, are each individually, as officers of the corporation, authorized on behalf of the corporation to submit bids, execute bonds (including, but not limited to, bid bonds, performance bonds, payment bonds, and warranty bonds), enter into and execute contracts (including change orders), and take such other acts or actions, and execute such other documents as may be necessary for the corporation's normal construction operations. This action is executed pursuant to the provisions of Section 307(b) of the California Corporations Code and Article III, Section 13 of the Bylaws of this corporation, which authorize the taking of action by the directors of the corporation without a meeting. This document is directed to be filed with the minutes of the proceedings of the corporation.