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HomeMy WebLinkAboutAGMT - Hardy & Harper (Almond Avenue Paving Project CIP No ST2201) PUBLIC WORKS AGREEMENT ALMOND AVENUE PAVING PROJECT CIP NO. ST2201 between *'s :*: s Sp Zf '4 F i 4 Ncs4't City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Hardy & Harper, Inc. 32 Rancho Circle Lake Forest, CA 92630 (714) 444-1851 (714) 444-2801 - FAX THIS CONTRACT ("Contract") is made as of February 26. 2024, by and between the City of Seal Beach, a California charter city ("City"), and Hardy & Harper, 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 plans and specifications for the ALMOND AVENUE PAVING PROJECT, CIP No. ST2201 ("Project") with respect to design criteria, and based thereon the City issued a Notice Inviting Bids dated January 20, 2024; and B. WHEREAS, Contractor submitted a Bid to City for the Project dated January 31, 2024 in the amount of $406,000.00 ("Bid" hereinafter) in response to the Notice Inviting Bids; and C. WHEREAS, Contractor is a California licensed California Contractor (State Contractor's license number (License #) 215952, DIR #1000000076; 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 1. Contractor's Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work ("Work") for the Project identified as Annual Local Paving Program, CIP No. STO2 ("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 as prepared prior to the date of Bid opening setting forth any modifications or interpretations of any of said documents, Change Orders, and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner; and 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), Accepted Bid Proposal with Bid Sheets (Exhibit G), and Project Plans (Appendix A). 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 26, 2024 (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 $406,000.00 (Four hundred and six thousand dollars and zero cents), 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 this amount requires prior City Council authorization. 4. Contractor's Personnel. 4.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by the Seal Beach Municipal Code and other state and local laws and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Contract. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Indemnification. 5.1 Contractor's Duty. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, indemnify, and hold the City and its elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, liabilities and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals and all costs associated therewith and the payment of all consequential damages (collectively, "Liabilities"), in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, the acts or omissions of Contractor, its officers, agents, attorneys, servants, employees, Subcontractors, materialmen, contractors, or their officers, agents, servants or employees (or any entity or individual for whom the Contractor bears legal liability)in the performance of the Contract, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or 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 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 lndemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 6. Insurance. 6.1 Liability Insurance. Contractor shall at all times during the term of this Contract carry, maintain and keep in full force and effect the insurance referenced in this Section 6. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D-1: Additional Insured Endorsement - Commercial General Liability. 6.1.2 Exhibit D-2: Additional Insured Endorsement - Automobile Liability. 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B). 6.2.4 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.2.5 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, volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to Contractor or City. 6.5 Replacement Insurance. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by the Contract during the term of the Contract. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. This shall be in addition to all other legal options available to City to enforce the insurance requirements. 6.6 Certificates of Insurance with 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 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 Indemnity. The insurance provisions shall not be construed to limit Contractor's indemnity obligations contained in this Contract or any other Contract Documents. 6.11 Insurance Requirements not Limiting. If Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 6, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. 6.12 Subcontractors. Contractor shall require each of its Subcontractors that perform services under the Contract to maintain insurance coverage that meets all of the requirements of the Contract including this Section 6. 7. Liquidated Damages. Should the Contractor fail to complete the Project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $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: Hardy & Harper, Inc. 32 Rancho Circle Lake Forest, CA 92630 Telephone: (714) 444-1851 Fax: (714 444-2801 Attn: Michael Murray 10. Non-Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 13. Attorneys' Fees. In the event that either party to this Contract shall commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys' fees. 14. Construction. The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the State of California, with venue in Orange County, California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Contract shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract or who drafted that portion of the Contract. 15. Workers' Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract." 16. Prevailing Wages. The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply, and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including but not limited to those set forth in Exhibits E and F, attached hereto. 17. Claim Dispute Resolution. 17.1 In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be characterized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. 17.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of"claim" as individually defined therein. 18. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be 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 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 provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Contract. 21. Severability. The invalidity in whole or in part of any provisions of this Contract shall not void or affect the validity of the other provisions of this Contract. 22. Titles and Headings. The titles and headings used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this 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. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Contract as of the date first written above. CITY OF SEAL BEACH CONTRACTOR: • By: y: . Ingram, City Manager Name: Michael urr Attes Title: Vi President By: loria D. H r r, i Cler By: Approved as Form: Name: Kristen Pauli o Title: Corporate Secretary By: (Please note, two signatures required for Nicholas Ghirelli, City Attorney corporations pursuant to California Corporations Code Section 313. AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with a[l 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 with such provisions before commencing the performance of the Work of this Contract." Date March 4, 2024 Signature � Michae ufray, resident 33 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 30 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.: 215952 Class: A, C-8 & C12 Expiration Date: 12/31/2025 Date: March 4, 2024 31 HARDY&HARP JCHRISTIANSON CORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/5/2024 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(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorement(s). PRODUCER CONTACT HUB International Insurance Services Inc. PHONE FAX 4695 MacArthur Court (AlC,No,Est):(848)553-8800 I(A/C,No): Suite#600 A ADD DREDRE SS: Newport Beach,CA 92660 INSURER(S)AFFORDING COVERAGE NAIL IM INSURERA:BITCO General Insurance Corporation 20095 INSURED INSURER B: Hardy&Harper,Inc. INSURERC: 32 Rancho Circle INSURER D:_ Lake Forest,CA 92630 INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POUCY EFF POUCY EXP UNITS LTR. INSD WVD IMMIDD/YYYYI IMMIDOIYYYYI A X COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE X OCCUR X X CLP3726116 4/15/2023 4/15/2024 PREMISES Ea rrencel S 100,000 MED EXP(Any one person) ,$ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMITR APPLIES PER: GENERAL AGGREGATE S 2,000,000 • POLICY X JECT LOC PRODUCTS-COMP/OPAGG S 2,000,000 OTHER: $ COMBINE BIF'J j INGLE LIMIT $ 1,000,000 A AUTOMOBILE UABIUTY (( X ANY AUTO X X CAP3726117 4/15/2023 4/15/2024 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS��p ONLY _ AUTOS SSWNEp BODILY INJURY(Per accident) $ X AUTOS ONLY X AUTOS ONLY mgrgAMAGE $ • $ UMBRELLA UAB _ OCCUR EACH OCCURRENCE $_ EXCESS UAB CLAIMS-MADE AGGREGATE ,$ • DED RETENTION$ $ A WORKERS COMPENSATION ;MUTE EMPLOYERS'UABIUTY X STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X WC3726115 4/15/2023 4/15/2024 1,000,000 AFFICER/MEMTgEER EXCLUDED? N I E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE,S 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT,S DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:H&H Job#23993;CIP#ST2201;City of Seal Beach—Almond Avenue Paving Project.glaipwv/auaiwv/wcwv City of Seal Beach, its elected and appointed officials,officers,employees,attorneys,agents,volunteers,and independent contractors in the role of City officials are included as Additional Insureds as respects General Liability and Auto Liability per attached endorsements. This insurance shall apply as Primary and Non-Contributory per attached endorsement. Waiver of Subrogation for General Liability,Auto Liability and Workers'Compensation:See Attached Endorsements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 211 8th Street Seal Beach,CA 90740 --- AUTHORIZED REPRESENTATIVE ED ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:HARDY&HARP JCHRISTIANSON LOC#: 1 ACORO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED HUB International Insurance Services Inc. Hardy Harper Inc. _ 32 Rancho ho Circle POLICY NUMBER Lake Forest,CA 92630 SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Cancellation: *Except 10 Days Notice of Cancellation for Non-Payment of Premium. *Should this policy be cancelled before the expiration date, HUB International Insurance Services, Inc.will mail 30(thirty)days written notice to those Certificate Holders which require such action per contract or agreement." ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BITCO General Insurance Corporation BITCO National Insurance Company ADOIT1 ONAL INSURED—PRIMARY AND NON-CONTRIBUTORY This endorsement changes the policy. PIPacP read it carefully. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unlom modified by this endorsement. This endorserrent identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unlom another date is indicated below. SCHEDULE Name of Person(s)or Organization(s): WHERE REQUIRED BY AN EXECUTED WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorserrent.) Each person or organization shown in the Schedule is an"insured'for Liability Coverage, but only to the extent that person or organization qualifies as an "insured' under the Who Is An Insured Provision contained in Section II of the Coverage Form. If the person or organization shown in the schedule qualifies as an "insured' for Liability Coverage, and they have coverage as a first-named insured under another policy,this policy is primary to and non-contributory with that other insurance. Al other terrrb, conditions,and exdusions apply. Named Insured: HARDY & HARPER, INC. Policy Number: CAP 3 726 117 Endorsement No.: Policy Period: 04-15-23 to 04-15-24 Endorsement Effective Date: Producer'sName: THE WOODITCH COMPANY, INS. SERVICES, INC Producer Number: 00064/3 AUTHORI7FI) REPRESENTATIVE DATE AA-5338(01/22) POLICY NUMBER CAP 3 726 117 SAL AUTO CA 04 44 10 13 THS EPDORSENENT CHANCES THE POLICY. PLEASE READ(T CAREFULLY. WAIVER OF TRANSFER OF RIGI-FTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM Wth respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: HARDY & HARPER, INC. Endorsement Effective Date: 0 4/15/2 02 3 SCHEDULE Name(s)Of Person(s)Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED IS OPERATING UNDER WRITTEN CONTRACT WHEN SUCH CONTRACT REQUIRES A WAIVER OF SUBROGATION. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Fights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "kiss" under a contract with that person or organization. CA 04 44 10 13 ©Insurance Services Office, Inc.,2011 Page 1 of 1 POLICY #CLP3726116 THIS ENDORSEMENT CHANGES THE POLJCY. PLEASE READ TT CAREFULLY. TRANSPORTATION CONTRACTORS EXTENDED UABILITY COVERAGE This endorsement modifies insurance provided under the following: COIIAVERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry of an X in the box next to the caption of such provision. A X Partnership and Joint Venture Extension N. X Construction Project General Aggregate Limits B. X Contractors Automatic Additional Insured Coverage—Ongoing Operations O. I X Fellow Employee Coverage C. I X I Autorrratic Waiver of Subrogation P. I X Property Damage Liability- Eevators D. X I Extended Notice of Cancellation, O. ( XI Care,Custody or Control Nonrenewal R X Electronic Data Liability Coverage E X Unintentional Failure to Disdose Hazards S. X Consolidated Insurance Program F. X Broadened Mobile Equipment Residual Lability Coverage G. X I Personal and Advertising Injury- T. X ;Automatic Additional Insureds—Managers Contractual Coverage or Lessors of Prenisco H. I X I Nonerrployment Dischmination U. I X Automatic Additional Insurers—State or Govemmental Agency or Political I. I X I Liquor Lability Subdivisions—Perrrits or Authorizations J. X Broadened Conditions V. X Contractors Automatic Additional Insured Coverage—Completed Operations K X Automatic Additional Insureds— Equipment Leases W. X Additional Insured—Engineers, Architects or Surveyors L I XI Suits Against Dredges and Barges M. X Insured Contract Extension- Railroad Property and Construction Contracts A PARTNERSH P AND JOINT VENTURE EXTENSION The following provision is added to SECTION II-WHO IS AN INSURED : The last full paragraph which reads as fellows: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability con-pany that is not shown as a Named Insured in the Declarations. GL-3086(10/19) -1- POLICY #CLP3726116 is deleted and replaced with the following: Wth respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Dedarations and of which you are or were a partner or member,you are an insured, but only with respect to liability arising out of "your work" on behalf of any partnership or joint venture not shown as a Named Insured in the Dedarations, provided no other similar liability insurance is available to you for"your work'in connection with your interest in such partnership or joint venture. R CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE—ONGOING OPERATIONS SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions;or 2 The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the project(s) designated in the written contract. Wth respect to the insurance afforded to these additional insureds, the following additional exdusions may: This insurance does not apply to'bodily injury'or"property damage"occurring after: 1. Al work, induding materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been corrpleted; or 2 That portion of"your work' out of which the injury or damage arisce has been put to its intended Ilse by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured,whether primary,excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Narred Insured in the Dedarations and we will rot require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance wi l l be excess. C. AUTOMATIC WAIVER OF SUBROGATION Item 8. of SECTION IV - CON11ERCIAL GENERAL LJABILfTY CONDfTIONS, is deleted and replaced with the following: 8. Transfer of Fights of Recovery Against Others to Us and Automatic Waiver of Subrogation. a If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured crust do nothing after lass to irrpair those rights. At our request, the insured will bring "suit" or transfer thrs rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization becattse of payments we make for injury or damage arising out of"your work'for that person or organization. GL-3086(10119) -2- POLICY #CLP3726116 D. EXTENDED NOTICE OF CANCELLATION,NONRENEWAL Item A2.b. of the COMIAON POLICY COMMONS , is deleted and replaced with the following: A2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. Item 9. of SECTION IV - COMVERCIAL GENERAL LABILITY CONDITIONS, is deleted and replaced with the following: 9. WHEN WE DO NOT RENEW a If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a above, it is agreed that you may extend the period of this policy for a maArnum additional sixty(60)days from its scheduled expiration date. Were not otherwise prohibited by law, the e asting terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one time sixty day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9. a above. E UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disco all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. F. BROADENED MOBILE EQUIPMENT Item 12.b. of SECTION V-DEFINITIONS , is deleted and replaced with the following: 12.b. Vehicles maintained for rise solely on or next to prerri„cs, sites or locations you own, rent or (MI ipy. G. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL COVERAGE Exclusion 2.e. of SECTION I,COVERAGE B is deleted. H NONENPLOYNENf DISCRIMNATION Unless"personal and advertising injury'is exduded from this policy Item 14. of SECTION V-DEFINITIONS , is amended to include: 'Personal and advertising injury' also means embarrassment or humiliation, mental or emotional distress, physical illness, physical irrpairment, loss of earning capadty or monetary loss, which is caused by"discrimination." SECTION V-DEFINITIONS , is amended to include: "Discrimination" rneans the unlawful treatment of individuals based on race, color,ethnic origin,age, gender or religion. GL-3086(10Y19) -3- POLICY #CLP3726116 Item 2 Exclusions of SECTION I,COVERAGE B , is amended to include: 'Personal and advertising injury' arising out of "discrimination" directly or indirectly related to the past employment, employment or prospective employment of any person or Bass of persons by any insured; 'Personal and advertising injury" arising out of "discrimination" by or at your, your agents or your "employees"direction or with your,your agents or your"employees"knowledge or consent; 'Personal and advertising injury' arising out of "discrimination" directly or indirectly related to the sale, rental, leas or sub-lea." or prospective sale, rental, Teri or sub-Ie2sP of any dwelling, permanent lodging or premi,,cs by or at the direction of any insured. Fines, penalties, spedfic performance or injunctions levied or imposed by a governmental entity, or governmental code, law,or statute becai FP of"discrimination." I. LIQUOR LABILITY Exclusion 2.c. of SECTION I,COVERAGE A , is deleted. J. BROADENED COtDIIIONS Items 2a and 2.b. of SECTION IV - COMVERCIAL GENERAL LABILITY CONDITIONS, are deleted and replaced with the following: 2 Duties In The Event Of Occurrence,Offense,Claim Or Suit: a You must see to it that we are notified of an "occurrence" or an offense which may result in a claim as soon as practicable after the "occurrence" has been reported to you, one of your officers or an"employee"designated to give notice to us. Notice should indude: (1) How,when and where the"occurrence"or offense took place; (2) The names and addresses of any injured persons and witnesses;and (3) The nature and location of any injury or damage arising out of the"occurrence"or offense. b. If a claim is made or"suit"is brought against any insured,you must: (1) Record the specifics of the daim or "suit" and the date received as soon as you, one of your officers, or an"employee"designated to record such information is notified of it;and (2) Notify us in writing as soon as practicable after you, one of your officers, your legal department or an "employee" you designate to give us such notice learns of the claims or "suit." Item 2.e. is added to SECTION IV-COMVERClAL GENERAL LABILITY CONDITIONS : 2e. If you report an "occurrence" to your workers compensation insurer which develops into a liability claim for which coverage is provided by the Coverage Form,failure to report such"occurrence"to us at the time of "occurrence" shall not be deemed in vitiation of paragraphs 2a, 2.b., and 2.c. However, you shall give written notice of this "occurrence" to us as soon as you are made aware of the fact that this"crnirrence"may be a liability daim rather than a workers compensation daim. GL-3086(10/19) -4- POLICY #CLP3726116 K AUTOMATIC ADDITIONAL INSUREDS-EQUIPMENT LEASES SECTION II - W-1O IS AN INSURED is amended to include any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional insured with respect to liability for"bodily injury', "property damage"or"personal and advertising injury'caused,at least in part, by your maintenance, operation, or Ilse by you of the equipment leased to you by such person or organization, subject to the following additional exdusions. The insurance provided to the additional insured does not apply to: 1. 'Bodily injury'or"property damage"occurring after you reasP leasing the equipment. 2 'Bodily injury'or"property damage"arising out of the sole negligence of the additional insured. a "Property damage"to: a Property owned, used or occupied by or rented to the additional insured;or b. Property in the care, custody or control of the additional insured or over which the additional insured is for any purpose exercising physical control. This insurance is excess of all other insurance available to the additional insured,whether primary,execs, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Dedarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be execs. L SUITS AGAINST DREDGES AM)BARGES Vue agree that any "suit' in rem against any dredge or barge owned, operated by or for you, and used in your operations,shall in all respects be treated in the same manner as though the"suit"were against you. This coverage is excess over and above any specific insurance on any dredge or barge owned, operated by or for you,and used in your operations. M. INSURED CONTRACT EXTENSION-RAILROAD PROPERTY AND CONSTRUCTION CONTRACTS Item 9. of SECTION V-DEFINMONS , is deleted and replaced with the following. 9. "Insured Contract"means: a A contract for a lease of prep-i cs. However, that portion of the contract for a IPasP of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily(Iry pied by you with permission of the owner is not an"insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indernnify a municipality, except in connection with work for a municipality; a An elevator maintenance agreement; GL-3086(10/19) -5- POLICY #CLP3726116 f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury' or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not indude that part of any contract or agreement: (1) That indemnifies an architect,engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders,change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary came of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. N. CONSTRUCTION PROJECT GENERAL AG( EGATE UNITS This modifies SECTION III-UNITS OF INSURANCE . A. For all sums which can be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I -COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C: 1. A karate Construction Project General Aggregate Unit applies to each construction project, and that lint is equal to the amount of the General Aggregate Lint shown in the Declarations. 2. The Construction Project General Aggregate Lint is the most we will pay for the sum of all damages under COVERAGE A, except damages became of "bodily injury' or "property damage" induded in the 'products-completed operations hazard," and for medical expenses under COVERAGE C regardless of the number of: a Insureds; b. Claims made or"suits"brought;or c. Persons or organizations rnalang daims or bringing"suits." 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Lint for that construction project Such payments shall not reduce the General Aggregate Lint shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Lirrit for any other construction project. 4. The lints shown in the Dedarations for Each Occurrence, Pre Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Lint shown in the Dedarations, such lints will be subject to the applicable Construction Project General Aggregate Lint. GL-3086(1 a 19) -6- POLICY #CLP3726116 B. For all sums which cannot be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I-COVERAGE C : 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products- Completed Operations Aggregate Limit,whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Unit. C. Payrnents for damages became of "bodily injury' or "property damage" induded in the "products- completed operations hazard" will reduce the Products-Corrpleted Operations Aggregate Limit, and not reduce the General Aggregate Unit nor the Construction Project General Aggregate Unit. D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, spedfications or tirretables, the project will still be deemed to be the sane construction project. E The provisions of SECTION III - IJMTS OF INSURANCE not otherwise modified by this endorsement shall continue to be applicable. O. FELLOW EMPLOYEE COVERAGE Exclusion 2.e. Enployers Liability of SECTION I, COVERAGE A, is deleted and replaced with the following: 2.e. "Bodily injury'to (1) An"employee"of the insured arising out of and in the course of: (a) Employment by the insured;or (b) Performing duties related to the conduct of the insured's business;or (2) The spot , child, parent, brother or sister of that "employee" as a consequence of paragraph (1)above. This exdusion applies: (1) Whether the insured may be liable as an employer or in any other capacity;and (2) To any obligation to share damages with or repay someone else who crust pay damages becai ISP of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an"insured contract";or (2) Liability arising from any action or omission of a co-"employee" while that co-"employee" is either in the course of his or her employment or performing duties related to the conduct of your business. Item 2.a(1 Xa) of SECTION II-VIA-1O IS AN INSURED , is deleted and replaced with the following: 2.a(1Xa) To you, to your partners or mernbers (if you are a partnership or joint venture) or to your members (if you are a lirrited liability corrpany), or to your "volunteer workers" while performing duties related to the conduct of your busing. GL-3086(10/19) -7- POLICY #CLP3726116 P. PROPERTY DAMAGE LIABILITY-ELEVATORS "Property damage"liability is changed as follows: 1. Exclusions 2j.(3) and 2j.(4) of SECTION I,COVERAGE A ,do not apply to the[sr,of elevators. 2. The insurance afforded by reason of this provision is exc cs over any valid and collectible property insurance (induding any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis, and the OTHER INSURANCE condition is changed accordingly. O. CARE,CUSTODY OR CONTROL Exclusion 2.j.4 of SECTION I,COVERAGE A. is deleted and replaced with the following: 24.4 Personal property in the care, custody or control of the insured. I-lo ever, for personal property in the care, custody or control of you or your"employees," this exclusion applies only to that portion of any lass in excess of$25,000 per crnirrence, subject to the following terms and conditions; (a) The most that we will pay under this provision as an annual aggregate is$100,000, regardlom of the number of nc n irrences. (b) This provision does not apply to "errployee" owned property or any property that is missing where there is not physical evidence to show what happened to the property. (c) The aggregate lint for this coverage provision is part of the General Aggregate Limit and SECTION III-UNITS OF INSURANCE is changed accordingly. (d) In the event of damage to or destruction of property covered by this exception, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto,at actual cost to you, exclusive of prospective profit or overhead charges of any nature. (e) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization, including the lass of rise of that property, as a result of each "occurrence." Cur lirrit of liability under the endorsement as being applicable to each "occurrence shall be reduced by the amount of the deductible indicated above; however, our aggregate lirrit of liability under this provision shall not be reduced by the amount of such deductible. The conditions of the policy, including those with respect to duties in the event of "occurrence," claims or "suit" apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. R ELECTRONIC DATA UABILRY COVERAGE A Exclusion 2.p. of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY in SECTION I—COVERAGES is replaced by the following: 2. Exclusions This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability Damages arising out of: GL-3086(1 Q/19) -8- POLICY #CLP3726116 (1) Any amps to or disclosure of any person's or organization's confidential or personal inforrrration, including patents, trade secrets, pros sing methods, customer lists, financial information, credit card inforrrrdtion, health inforrrrdtion or any other type of nonpublic inforrrration;or (2) The lass of, loss of riSP of, damage to, corruption of, inability to access, or inability to manipulate"electronic data"that does not result from physical injury to tangible property This exclusion applies even if damages are dairred for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph(1)or(2)above. F-bmver, unless Paragraph (1) above applies, this exclusion does not apply to damages becarsp of"bodily injury'. B. The following is added to Paragraph 2. EXCLUSIONS of SECTION I—COVERAGE B—PERSONAL AND ADVERTISING INJURY LJABILTTY: 2 Exclusions This insurance does not apply to: Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury' arising out of any amPss to or disclosure of any person's or organizations confidential or personal information, including patents, trade secrets, prmPssing methods, customer lists, financial information, credit card information, health inforration or any other type of nonpublic informtion. This exclusion applies even if damages are claimed for notification costs, credit rnonitoring expenses, forensic expenses, public relations expenses or any other lass, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. C. The following definition is added to Section V—DEFINITIONS : "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purposes of this coverage, the definition of`property damage" in SECTION V—DEFINITIONS is replaced by the following: "Property damage"means: a Physical injury to tangible property, including all resulting lass of rise of that property.Al such lass of ink,shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. Al such loss of rise shall be deemed to occur at the time of the"crnirrence"that caused it; or c. Loss of, loss of rice of, damage to, corruption of, inability to amr_s;, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. Al such lass of "electronic data"shall be deemed to occur at the time of the"occurrence"that caused it. For the purposes of this insurance, "electronic data"is not tangible property. GL-3086(1 a 19) -9- POLICY #CLP3726116 S. CONSOUDATED INSURANCE PROGRAM RESIDUAL LABILITY COVERAGE With respect to "bodily injury', "property damage", or 'personal and advertising injury' arising out of your ongoing operations; or operations included within the"products-completed operations hazard',the policy to which this coverage is attached shall apply as excrss insurance over coverage available to'yoci' under a Consolidated Insurance Program (such as an Owner Controlled Insurance Program or Contractors Controlled Insurance Program). Coverage afforded by this endorsement does not apply to any Consolidated Insurance Program involving a "residential project" or any deductible or insured retention, specified in the Consolidated Insurance Program. The following is added to Section V—Definitions "Residential project' means any project where 30%or more of the total square foot area of the structures on the project is used or is intended to be used for human residency. This indudes but is not limited to single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments and appurtenant structures (induding pools, hot tubs, detached garages, guest how or any similar structures). A"residential project" does not include military owned housing, college/university owned housing or dormitories, long term care facilities, hotels, motels, hospitals or prisons. Al other terms, provisions, exdusions and lirritations of this policy apply. T. AUTOMATIC ADDRTONAL INSUREDS-MANAGERS OR LESSORS OR PREMISES SECTION II—VVHO IS AN INSURED is amended to include: Any person or organization with whom you agree in a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership, maintenance or Ilse of that part of the premises, designated in the written contract or written agreement, that is leased to you and subject to the following additional exdusions: This insurance does not apply to: 1. Any"occurrence which takes place after you cease to be a tenant in that premi,ce. 2 Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured listed in the written contract or written agreement. This insurance is excess of all other insurance available to the additional insured,whether primary,excess, contingent or on any other hasis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Dedarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance wi l l be excess. U. AUTOMATIC ADDITIONAL INSUREDS — STATE OR GOVERNVENTAL AGENCY OR POLITICAL SUBDIVISIONS—PERMTS OR AUTHORIZATIONS SECTION II — VVHO IS AN INSURED is amended to include any state or governmental agency or subdivision or political subdivision with whom you are required by written contract, ordinance, law or building code to name as an additional insured subject to the following provisions: This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. GL-3086(10/19) -10- POLICY #CLP3726116 This insurance does not apply to: 1. `Bodily injury', "property damage" or `personal and advertising injury' arising out of operations perform red for the federal government, state or municipality;or 2. "Bodily injury'or`property damage"included within the"products-completed operations hazard'. This insurance is excess of all other insurance available to the additional insured,whether primary,excess, contingent or on any other hasis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Dedarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be exc ss. V. CONTRACTORS AUTOMATIC ADOr11ONAL INSURED COVERAGE—COMPLETED OPERATIONS SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the project designated in the contract, performed for that additional insured and included in the"products-completed operations hazard". This insurance is excess of all other insurance available to the additional insured,whether primary,excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Dedarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excss. W. ADDITIONAL INSURED—ENGINEERS,ARCHITECTS OR SURVEYORS SECTION II — WHO IS AN INSURED is amended to include as an additional insured any architect, engineer or surveyor who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury", "property damage" or"personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations perfonrecl by you or on your behalf. This includes such architect, engineer or surveyor, who may not be engaged by you, but is contractually required to be added as an additional insured to your policy. GL-3086(10/19) -11- POLICY #CLP3726116 Wth respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury', "property damage" or "personal and advertising injury' arising out of the rendering of or the failure to render any professional services, including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys,change orders,designs or specifications;or 2 Supervisory, inspection or engineering services. This insurance is excess of all other insurance available to the additional insured,whether primary,excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance wi l l be excess. GL-3086(10Y19) -12- BITCO GENERAL INSURANCE CORPORATION BITCO NATIONAL INSURANCE COMPANY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule WHEN REQUIRED BY WRITTEN CONTRACT. The premium charge for this endorsement is $ Named Insured HARDY & HARPER, INC. Policy Number WC3 7 2 6115 Endorsement No. Policy Period 0 4/15/2 0 2 3 tO 0 4/15/2 0 2 4 Endorsement Effective Date: 0 4/15/2 3 Producer's Name: The Wooditch Company Insurance Services, Inc. Producer Number: 0006473 AUTHORIZED REPRESENTATIVE DATE WC 99 03 15 (09/21) (M E ACORO CERTIFICATE OF LIABILITY INSURANCE DAT3/5/202/YYYY) /5/2024 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(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Burnham Risk&Insurance Solutions PHONE Nancy Turner FAX _ 15901 Red Hill Ave,Ste 100 JA/C No.Ext):714-338-3941 (ac,No):714-573-1770 Tustin CA 92780 ADDRESS: nancy.tumer@wgbib.com INSURER(S)AFFORDING COVERAGE - NAIC# License#:0F69771 INSURERA:Great American Insurance Compa 16691 INSURED HARD&HA-02 INSURER 8 Hardy&Harper, Inc. 32 Rancho Circle INSURER C: Lake Forest CA 92630 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:965750038 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 I TYPE OF INSURANCE 'ADDL SUBRI POLICY EFF POLICY EXP LTR INSD WVq1 POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADVINJURY $ _ GEM-AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ _ POLICY JJECTT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ AWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Peracddent) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ A I UMBRELLA LIAB X OCCUR TUE 4369837-01 4/15/2023 4/15/2024 EACH OCCURRENCE $2,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 _ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below EL.DICPASP-POLICY LIMIT $ A I Professional Liability PCM E502853 03 4/15/2023 4/15/2024 Each Occurrence 1,000,000 Pollution Liability Annual Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space is required) RE:Contract No.13671-011 /Second Lower Feeder PCCP Rehabilitation—Reach 3B(Specification No.2026) *Excess Follows Form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN J.F. Shea Construction, Inc. ACCORDANCE WITH THE POLICY PROVISIONS. P. O. Box 489 667 Brea Canyon Road, Suite 30 AUTHORIZED REPRESENTATIVE Walnut CA 91789 /'1'1• ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD R*T8* 10/25/2023 *TUE 4369837 01 00 Great American Insurance Company AMENDED 04/15/2023 205240 TAU 9998 (Ed . 11 97) Policy No. TUE 4369837 - 01 Effective Date of Change04/ 15/2023 POLICY CHANGES NAMED INSURED AND MAILING ADDRESS: POLICY PERIOD: HARDY & HARPER, INC . 12 :01 A. M . Standard Time at the 32 RANCHO CIRCLE address of the Named Insured LAKE FOREST , CA 92630 shown at left . From: 04/ 15/2023 To : 04/ 15/2024 AGENT'S NAME AND ADDRESS: THIS ENDORSEMENT CHANGES THE POLICY. THE WOODITCH COMPANY ONE PARK PLAZA PLEASE READ IT CAREFULLY. SUITE 400 IRVINE , CA 92614 Insurance is afforded by GREAT AMERICAN INSURANCE COMPANY ( a capital stock corporation ) ENDORSEMENT NO . 1 IN CONSIDERATION OF THE PREMIUM CHARGED , IT IS HEREBY AGREED AND UNDERSTOOD THAT THE FOLLOWING CHANGES ARE MADE TO THE POLICY : SCHEDULE A-SCHEDULE OF UNDERLYING INSURANCE (GAI6003) - IS HEREBY AMENDED IN ACCORDANCE WITH THE ATTACHED SCHEDULE . ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED . FORMS AND ENDORSEMENTS hereby added : FORMS AND ENDORSEMENTS hereby amended: GAI6003 FORMS AND ENDORSEMENTS hereby deleted : Countersigned By Date Authorized Representative TAU 9998 ( Ed . 11 /97 ) PRO (Page 1 of 1 ) R*T8* 10/25/2023 *TUE 4369837 01 00 Great American Insurance Company AMENDED 04/15/2023 205240 GAI 6003 ( Ed . 06 97 ) SCHEDULE A - SCHEDULE OF UNDERLYING INSURANCE Carrier, Policy Number and Period Type of Coverage Limits of Insurance a ) BITCO GENERAL Employers Liability Bodily Injury By Accident INSURANCE COMPANY POLICY: W 3726115 $ 1 , 000 , 00O . each accident 4/ 1 5/2 3 TO 4/ 15/24 Bodily Injury By Disease $ 1 , 000 , 000 . policy limit $ 1 , 000 , 000 . each employee b) BITCO GENERAL Automobile/Garage ( ) Split Limit INSURANCE COMPANY POLICY: CAP 3726117 ( X ) Any Automobile Bodily Injury Liability 4/ 1 5/2 3 TO 4/ 1 5/2 4 ( ) Owned Automobile $ each person Only $ each accident ( ) Specifically Designated Property Damage Liability Automobile $ each accident ( ) Hired Automobile ( X ) Combined Single Limit ( ) Non-owned Automobile $ 1 , 000 , 000 . each accident ( ) Garage Liability ( ) Garage Operations ( X ) DEFENSE OUTSIDE $ Auto only THE LIMIT each accident $ Other than auto each accident $ Other than auto aggregate ( ) Garagekeepers Liability $ each location GAI 6003 ( Ed . 06/97 ) PRO (Page 1 of 2 ) R*T8* 10/25/2023 *TUE 4369837 01 00 Great American Insurance Company AMENDED 04/15/2023 205240 Carrier , Policy Number and Period Type of Coverage Limits of Insurance c ) ( ) Comprehensive ( ) Split Limit General Liability including Bodily Injury Liability ( ) Products-Complet- $ each occurrence ed Operation Liability $ aggregate ( ) Broad Form Property Damage Liability Endorsement $ each occurrence ( ) $ aggregate ( ) Combined Single Limit ( ) $ each occurrence $ aggregate OR OR OR ( X ) Commercial $ 2 , 000 , 000 . General Aggre- BITCO GENERAL General Liability gate Limit INSURANCE COMPANY POLICY : CLP 3726116 ( X ) Occurrence Form $ 2 , 000 , 000 . Products-Com- 4/ 15/23 TO 4/ 15/24 pleted Opera- ( ) Claims-Made Form tion Aggre- gate Limit (X) DEFENSE OUTSIDE ( ) THE LIMIT $ 1 , 000 , 000 . Personal and Advertising Injury Limit Retroactive Date $ 1 , 000 , 000 . Each Occurrence Limit d ) BITCO GENERAL EMPLOYEE BENEFIT $1 . 000 . 000 . EACH EMPLOYEE INSURANCE COMPANY LIABILITY POLICY : CLP 3726116 $1 . 000 . 000 . AGGREGATE LIMIT 4/ 15/23 TO 4/ 15/24 GAI 6003 ( Ed . 06/97 ) PRO (Page 2 of 2 ) Jessica Salvador Subject: FW: RESPONSE REQUESTED: ZEV-Compliance Survey Zero-Emission Vehicle Compliance Extension for Local Government Survey of Orange County Cities 1. Agency 2. Name 3. What is your agency's plan to become ZEV-compliant? 4. Has your agency started converting its fleet to ZEV? 5. Has your agency started to increase charging infrastructure availability? 6. How big is your agency's fleet? Does it include specialized and/or emergency vehicles? 7. Does your agency have ZEV compliance concerns, challenges, or thoughts on how to legislation can be improved to facilitate the compliance process? 8. Seal Beach is working with state policymakers to support ZEV compliance extension for local governments. Would your agency be willing to testify at committee hearings and/or advocate for compliance extension? From:Vu, Chau <chau.vu@surfcity-hb.org> Sent:Wednesday,January 17, 2024 10:20 AM To: Iris Lee<ilee@sealbeachca.gov> Subject: RE: RESPONSE REQUESTED: ZEV-Compliance Survey Hi Iris, I had trouble with link to form. I will try the QR code with personal account. 1 ardy & Harper, Inc. STATE LIC.Number 215952 March 6, 2024 City of Seal Beach Attn: David Spitz 211 Eighth Street Seal Beach, CA 90740 Subject: Almond Avenue Paving Project(ST2201) & Annual Local Paving Project (ST02) To Whom it May Concern, Enclosed please find the following documents for the subject projects. • Signed Bonds for Almond Avenue Paving Project (2 copies) • Signed Bonds for Annual Local Paving Project(2 copies) If you need any additional documents or have any questions, please feel free to contact me by phone at (714) 444-1851 or by email at mchurnock@hardyandharper.com. We look forward to working with you. Sincerely, Hardy & Harper, Inc. 72 "Iee '44.1..t4rtiV rgan E. urnock Contract Administrator 32 RANCHO CIRCLE I LAKE FOREST, CA 92630 I (714)444-1851 • FAX (714)444-2801 THE FINAL PREMIUM IS This Bond was Issued in Two(2) PREDICATED ON THE Original Counterparts FINAL CONTRACT AMOUNT Bond No. 7671795 Premium $2,144.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach ("City"), has awarded to Hardy&Harper, Inc. 32 Rancho Circle,Lake Forest, CA 92630 ("Principal") (Name and address of Contractor) a contract(the"Contract")for the Work described as follows: ALMOND AVENUE PAVING PROJECT—CIP NO. ST2201 (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 Fidelity and Deposit Company of Maryland 777 South Figueroa Street, Suite 3900, Los Angeles,CA 90017 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Four Hundred Six Thousand and 00/100 Dollars ($406,000.00 ), 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. 15 • 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: March 5, 2024 "Principal" "Surety" Hardy& Harper, Inc. Fidelity and Deposit Company of Maryland 32 Rancho Circle, Lake Forest A 630 777 South Figueroa Street,Suite 3900,Los Angeles,CA 90017 By: By: Its tchae urray, • President Its Dwight Reilly,Attorney-in-Fact By: By: Its Kriste Paulino, Corp. Secretary Its (Seal) (Seal) Note• This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as 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. 16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 rc:ccccc,ar,a:r-.racrcceYur,Mx— r_c>.rrcrixrcrccrc rcrrrcrcrrcmcre�ce 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 March 6. 2024 before me, Morgan E. Churnock, Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael Murray and Kristen Paulino Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that tte/s14e/they executed the same in tt s/her/their authorized capacity(ies),and that by tus/tuer/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MORWN E CHURNOCK / / Notary Public Caldornia % / , ?r Orange County f r/ rc Commission it2377551 Signature i +�w�• My Comm.Expires Oct 5,2025 gnat a of of Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Michael Murray Signer's Name: Kristen Paulino O Corporate Officer — Title(s): Vice PrPstdent Corporate Officer — Title(s): Corporate Secretary 0 Partner — Limited ❑General C Partner — u Limited IL General O Individual ❑Attorney in Fact ❑Individual "'Attorney in Fact o Trustee EI Guardian or Conservator G Trustee 1 Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: Hardy&Harper, Inc. Hardy&Harper.Inc. ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 ACKNOWLEDGMENT A notary public or other officer completing this 1 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 March 5, 2024 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MELISSA ANN VACCARO °i COMM.R2401942 n m Notary Public-California ¢ a diii`j ORANGE COUNTY IL MY Comm.Wires May 12.2026X Signature M AC[_trr) (Seal) Melissa Ann Vaccaro • Bond No.7671795 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint Daniel HUCKABAY,Frank MORONES,Dwight REILLY,Arturo AYALA,Shaunna ROZELLE OSTROM,Benjamin WOLFE, Chelsea LIBERATORE,Ben STONG,Michael D.STONG,R.NAPPI,Adrian LANGRELL of Orange,California, its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 7th day of September,A.D.2023. "soya a='s' p9 dk`°\ . P% PO,q�'4sr' =a Os� 2:,"r�c 2.= S� * s fi r halgM"Ir ,•,µM"111W/ r"Irr."",� ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 7th day of September, A.D.2023, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instnunent are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Genevieve M. Maison ZistaAt .. cam = GENEVIEVE M.MAISON ep,°t t(' NOTARY RAM BALTIMCRE COUNTY i, Oy C.i saws Ecru JANUAFY 27.2025 ,,,,, ,,•,`�� Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings,or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 5th day of March , 2024 , ,11 ti \\NI11U111,,,, \\NIIIIII14„4 yINJ" \ ytr 'Cws s po++lCo,b r /099 a. `tc m �' = 'c'SEAL ;= Rf SEAL t _u i SEAL a= _ i IIpi INIO\`` ~�IlJI111111\I\1\ �411111"t~,`,`, Thomas O.McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: • Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 reportsfclaims'a�zurichna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 THE FINAL PREMIUM IS This Bond was Issued in Two(2) PREDICATED ON THE Original Counterparts FINAL CONTRACT AMOUNT Bond No. 7671795 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach ("City"), State of California, has awarded to Hardy& Harper, Inc. 32 Rancho Circle, Lake Forest, CA 92630 ("Principal") (Name and address of Contractor) a contract(the "Contract") for the Work described as follows: ALMOND AVENUE PAVING PROJECT—CIP NO. ST2201 (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 Fidelity and Deposit Company of Maryland 777 South Figueroa Street, Suite 3900, Los Angeles, CA 90017 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City 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 Four Hundred Six Thousand and 00/100 Dollars ($ 406.000.00 ), 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. 18 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: March 5, 2024 'Principal" "Surety" Hardy& Harper, Inc. Fidelity and Deposit Company of Maryland 32 Rancho Circle, Lake Forest, A 92630 777 South Figueroa Street,Suite 3900,Los Angeles, CA 90017 i By: By Its M ael y, Vi President Its Dwight Reilly,Attorney-in-Fact By: By is Kristen aulino, Corp. Secretary Its (Seal) (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as 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. 19 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Orange On March 6.2024 before me, Morgan E. Churnock. Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael Murray and Kristen Paulino Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/stleithey executed the same in tfos/lter/their authorized capacity(ies),and that by his/h>gr/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MORGANE CHURNOCK WITNESS my hand and official seal. zit Notary Public California py rl: : = Orange County I�• Commission A 2377551 o„ ." My Comm.Expires Oct 5,2025 Signature C"F S►gna re o ary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Michael Murray Signer's Name: Kristen Paulino Corporate Officer — Title(s): Virp President Z. Corporate Officer — Title(s): Corporate Secretary ❑Partner — Limited _!General 1- Partner — ❑Limited E General ❑Individual .=1 Attorney in Fact Individual v Attorney in Fact ❑Trustee J Guardian or Conservator LL Trustee ❑Guardian or Conservator Other: Li Other: Signer Is Representing: Signer Is Representing: Hardy&Harper, Inc. Hardy&Harper. Inc. xx: 4vcce.r..z;�c.cx:cerc�xse<c x ctix�.c sx^ss.<.. .. . . -5LAXXXz, i ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 ACKNOWLEDGMENT 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 March 5, 2024 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MEussA ANN vAccARo � COMM.M2401942 n Iltt mo - Notary PublicCalifornia ¢a ORANGE COUNTY• LL o�'w I /My Comm.-r�cpires- May 12.2026p Signature 1 `�,//���^, � (Seal) 1( Melissa Ann Vaccaro 3 Bond No.7671795 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New • York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint Daniel HUCKABAY,Frank MORONES,Dwight REILLY,Arturo AYALA,Shaunna ROZELLE OSTROM,Benjamin WOLFE, Chelsea LIBERATORE,Ben STONG,Michael D.STONG,R.NAPPI,Adrian LANGRELL of Orange,California, its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8.of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 7th day of September,A.D.2023. ?4li �opr /�T,3 a flueog7 �:r o of" �, P. m 3 gin ,,ic. SEAL o a rSEAL n+, SEAL t . \ 1y o�i sy A'FWtOa�o' �'�,,��'�J� .`' + ,, ,,,,,,^ 4..+,.,Z " ,. ,,,,,,".s,+ ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AM)DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President (LcOaten.. Z L ezif —_- By: Dawn E. Brawn Secretary State of Maryland County of Baltimore On this 7th day of September, A.D.2023, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Genevieve M. MaisoR OENEVIEVE M.MAISON - x,.P11a1;4 : - BALTIMORE COUNTY MO `,,,_��_,xr•. Ahnmes Cam Eire Y.td/AFt 17 a 7075 i,,,,,,.,.,N�'`• Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 to EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company,and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE i I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V, Section 8,of the By-Laws of the Companies is still in force. 4 This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 5th day of March , 2024 . / U VA SEAL l;f z 4- SEAL ) Ila 9 74 t�� `.y4 fit e r ,'y-y't'F1v Y0 -a„ ,,,gyp•,• ryl1ry111„1,1a I11111,,,?1\,0 lIIIIIN Thomas O.McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 reportsfclai ms gzurichna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 Gloria Harper From: David Spitz Sent: Thursday, March 7, 2024 10:58 AM To: Gloria Harper Cc: Iris Lee; Brandon DeCriscio Subject: RE: Harper& Harper Contracts - Almond Ave Paving & Local Paving CIP STO2 Gloria, Professional Liability insurance is not required for either of these contracts as they are not doing any professional work. I really should have taken it out in advance, but luckily the section of the contract allows us to waive it after the fact. Sincerely, .0-)ellekit David Spitz, P.E. Associate Engineer 211 Eighth Street, Seal Beach, CA 90740 (562) 431-2527 x 1331 • fX Seal Beach follows Civility Principles by promoting courtesy, respectful listening, open mindedness, issue-focused debate, and embracing respectful disagreement and dissent as democratic rights and tools for sound decisions. For Information about Seal Beach, please see our City website: www.sealbeachca.qov NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. From: Gloria Harper<gharper@sealbeachca.gov> Sent:Thursday, March 7, 2024 10:22 AM To: David Spitz<DSpitz@sealbeachca.gov> Cc: Iris Lee<ilee@sealbeachca.gov>; Brandon DeCriscio<BDeCriscio@sealbeachca.gov> Subject: Harper& Harper Contracts-Almond Ave Paving& Local Paving CIP STO2 Hi Dave, Both contracts, has Professional Liability in section 6.2.5 of the contract unless the City waives the requirement; however, Professional Liability Insurance is not included on the Certificate of Insurance. Please request a COI that includes Prof Liability or send us an email informing us that Prof Liab is being waived for both contracts. Thank you, GLo-ria' P. Harper Gloria D. Harper, City Clerk 211 Eighth Street, Seal Beach, CA 90740 i