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HomeMy WebLinkAboutAGMT - R Dependable Const Inc (Pier Restroom Renovation Project) PUBLIC WORKS AGREEMENT PIER RESTROOM RENOVATION PROJECT PROJECT CIP NO. BP2202 between 0 SEA! 9F is of Q cpoNTY_CP` City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 R Dependable Const Inc. 1019 W. 3rd Street, Suite B San Bernardino, CA 92410 (909) 381-2310 (909) 453-0429 - FAX THIS CONTRACT ("Contract") is made as of March 11, 2024, by and between the City of Seal Beach, a California charter city ("City"), and R Dependable Const 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 Pier Restroom Renovation Project (CIP BP2202) ("Project") with respect to design criteria, and based thereon the City issued a Notice Inviting Bids dated January 23, 2024; and B. WHEREAS, Contractor submitted a Bid to City for the Project dated February 15, 2024 in the amount of $264,100 ("Bid" hereinafter) in response to the Notice Inviting Bids; and by letter dated February 20, 2024, Contractor issued a corrections to their Bid without modifying the Total Base Bid Price, Total Additive Bid Price or Total Bid Price set forth in their Bid; and C. WHEREAS, Contractor is a California licensed "B" Contractor (State Contractor's license number (License#944088), DIR#1000002054); 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 Pier Restroom Renovation Project ("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 including all corrections set forth in Contractor's letter dated February 20, 2024, Notification of Award, Noncollusion Declaration, Designation of Subcontractors, Minimum Bidder Qualifications, 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), and Accepted Bid Proposal with Bid Sheets and February 20, 2024 letter (Exhibit G). 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 March 11, 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 $264,100 (Two hundred sixty four thousand one hundred dollars), subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 3.2 Additional Work. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award 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 (i.e. Building Permit: SEALB-BEMP2022-1017), 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 elected and appointed officials, officers, employees, attorneys, agents, volunteers, and those City agents serving as independent contractors in the role of City officials. 5.6 Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 5 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City. 5.7 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract. 5.8 Subcontractor Indemnity Agreements. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of the Contract. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen,contractors or their officers, agents, servants or employees (or any entity or individual for whom Contractor's Subcontractor bears legal liability) in the performance of the Contract, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the Parties. 5.9 Survival. The provisions of this Section 5 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 6. Insurance. 6.1 Liability Insurance. Contractor shall at all times during the term of this Contract carry, maintain and keep in full force and effect the insurance referenced in this Section 6. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 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 (or Errors and Omissions) Liability: Insurance appropriate to its profession, in a form and with insurance companies acceptable to the City. This insurance shall be endorsed to include contractual liability applicable to this Contract and shall be written on a policy form coverage specifically designed to protect against acts,- errors or omissions of the Contractor. "Covered Professional Services" as designated in the policy must specifically include work performed under this Contract. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. Subject to the City's prior written approval, if the Contractor provides traffic control plan services by use of a subcontractor, the Contractor may satisfy this professional liability insurance requirement by requiring its subcontractor to provide professional liability insurance that complies with all requirements of this Section and Agreement. 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. 6.3.4 Professional Liability (or Errors and Omissions Liabilityl: $1,000,000 per claim/aggregate. If a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 6.4 Additional Insureds. City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and those City agents serving as 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 elected and appointed officials, 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, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and 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 $500.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the Project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Contract. 9. Notices. Any notices, bills, invoices, or reports authorized or required by this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211-8th Street Seal Beach, California 90740 Telephone: (562)431-2527 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 211-8th Street Seal Beach, California 90740 If to Contractor: R Dependable Const Inc. 1019 W. 3rd St. San Bernardino, CA 92410 Telephone: (909)-381-2310 Fax: (909)-453-0429 Attn: Rosemary Padilla 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, and the rules and regulations established by the DIR in implementing such statutes, as though expressly set forth herein, including any applicable amendments made thereto during the term of this Contract. For every Subcontractor who will perform work on this Project, Contractor shall be responsible for such Subcontractor's compliance with the Labor Code provisions and DIR rules and regulations, and Contractor shall take all necessary actions to ensure Subcontractor's compliance. Labor Code Section 1725.5 requires all Contractors and Subcontractors to annually register with the DIR before bidding or performing on any public work contract. 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: �. 1 B : • LL V . , `A By: Ingra , City Manage S Name: Rosemary Pa i a Attest: 41Ihd Title: a 1��j,/ Chief Executive/Chief Financial Officer ; 1 By. _i�r,�i�r♦ loria D. Harpp ityl7e' By: Approved a orm: Name: Rosemary Pat ' la Title: Chief Executive/Chief Financial Officer By: (Please note, two signatures required for Nicholas Ghirelli, City Attorney corporations pursuant to California Corporations Code Section 313. EXHIBIT A FAITHFUL PERFORMANCE BOND Bond No. 18L006207 Premium: $6,867 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach ("City"), has awarded to R Dependable Const Inc- 1019 W. 3rd Street, Ste B. San Bernardino, CA 92410 ("Principal") (Name and address of Contractor) a contract(the"Contract") for the Work described as follows: PIER RESTROOM RENOVATION PROJECT (CIP BP2202) (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and The Ohio Casualty Insurance Company-790 The City Drive. Suite 200 Orange CA 92868 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Two Hundred Sixty-Four Thousand One Hundred Dollars and no/100 Dollars($ 264,100 00 ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: March 11, 2024 "Principal" "Surety" R Dependable Const Inc The Ohio Casualty Insurance Company 1:2i \ BY: y / By: L-. 1 Its Rosemary Pa it , President Its Ashley N. Baker, Attorney-in-Fact By: By: Its Its (Seal) (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as 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. w This Power of Attorney limits the acts of those named herein,and they have no authority to ^ bind the Company except in the manner and to the extent herein stated. "V`1 Liberty Liberty Mutual Insurance Company Pt Mutual. The Ohio Casualty Insurance Company Certificate No:8208023-987721 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the Stale of New Hampshire,that Liberty Mutual Insurance Company is a corporation duty organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of IncJana(herein collectively called the"Companies'},pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Ashley N. Baker,Karen A.Eby,Kyle T.Baker,Timothy C.Baker all of the city of Murrieta state of CA each individually if there be more than one named,Its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this I I th day of May , 2022 . Liberty Mutual Insurance Company • P`,1NSU,9, Pciv INst, tNSUgq The Ohio Casualty Insurance Company • `J oosPok.4r+ 6J ooarofy, 14. c,�roR4r tic West American Insurance Company ' J3 ii d b% n a,r `om vi ,- g1912 3 y=1919�� 0 199J 0 /� Vi a) r„„).1.'1 aZNus as °`�`HA.me�,da. ds 'Nom �`2 •=c0. N David M.Carey,Assistant Secretary c to State ofPENNSYLVANIA • = N rn County of MONTGOMERY ss o E U 3 4— On this I I th day of May , 2022 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 8 co Company,The Ohio Casualty Company,and West American Insurance Ccmpany,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes Nm therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 'cr3 It i ce IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. •M (IIF PA32, aO O L Q.t., w,ONW F( Comnomeealth of Pennsylvania-Noisy Seal Yo r�oo� ^Z y Teresa Paella,Notary Pub&c 0)'m o Q) OF My commissioMonnexex s M 28,2025 By:nely County o N C R Commission number 1126044 a).- ?yam"""�Ti�4,c., Member,P�syManlnAseadawonc4Notaries eresaPastella,Notary Public Q o En .o This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3 cy ' c Insurance Company,and West American Insurance Company which resolutions are now in fur force and effect reading as follows: a M ARTICLE IV-OFFICERS:Section 12.Power of Attorney. `o o o m Any officer or other afiiial of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the t- 2 President may orescribe,steal appoint such attorneys-In-fact,as may be necessary to act in behalf of tine Corporation to make,execute,seal,acknowledge and delver as surety (m N 2 any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the Ihnitatons set forth in their respective powers of attnmey,shall a 8 i- have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such o am z 0instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the'cl m provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ti— ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and delver as surety any and at undertakings, bonds,recognizances and other surety obigations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shal have full power to bind the Company by their signature and execution or any such instruments and to attach thereto the seal of the Company.When so executed such instuments shall be as binding as if signed by:he president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Ccmpany to make,execute,seal,acknowledge and delver as surety any and all undertakings,bonds,recognizances and other surety obigations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney Issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Lberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force end effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this I I th day of March , 2024 . 1 ttlstr 1�Y INSV a 11434 tiJPc000ki,9't, .PP40QPOR41'Zy 4P e"44�y �w // 11 co r 319122 o 0 1919a 1991 ��,. so AcHus rib yo2`11,Mgmps��ymbk� ,rs MorANP Ab By:Renee C.Llewellyn,Assistan:Secretary so * yes dy.[ * 1• �M * ).a LMS-12873 LAIC OCIC WAIC Multi Co 02121 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Riverside26247 } On /7Ov ' ",9/ '1Lf before me, K.A. Eby, Notary Public personally appeared Ashley N. Baker who proved to me on the basis of satisfactory evidence to be the personas`) whose na l pr subscribed to the within instrument and acknowledged to me that s h4y executed the same in I>� tr eir authorized capacity($'), and that by �h( tfiir signature$ on the instrument the person0, or the entity upon behalf of which the persolns'f 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 nit off - I al. , � K.A.EBY ,,,, OM .tF2333693 � "• N(73, Ry pUY1CCAl1RORi4 A (n IUVERS31rX:CUUNI'v My Snmm.6aprns MirrEMMA la/•era Notary Public Si nature (Notary Public Seal) o -- — ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complier •with current California •statutes regarding notary wording and. DESCRIPTION OF THE ATTACHED DOCUMENT if needed should be completed and attached to the document.Acknowledgments from other stales may be completed for documents being sent to that state so long as the wording does not require the California notary to violate Califonna notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(st personally appeared before the notary public for acknowledgment. (Title or description of attached document continued) • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her Number of Pages Document Dale commission followed by a comma and then your title(notary public) • Print the names) of document signers) who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect toms t.i e he/she the!o, is/ace)or circling the correct forms.Failure to correctly indicate this I O Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines If seal impression smudges.re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document Other • Indicate title or type of attached document,number of pages and date ❑ i Indicate the capacity claimed by the signer If the claimed apacity is a corporate officer,indicate the title(i e.CEO,CFO,Secretary). • Securely attach this document to the signed document with a staple CALIFORNIA ALL-PURPOSE CERTIFICATE OF 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 San Bernardino On March 12, 2024 before me, Damaris Abigail Lara Ramos, Notary Public (Here insert name and title of the officer) personally appeared Rosemary Padilla who proved to me on the basis of satisfactory evidence to be the person(%) whose name(y)&are subscribed to the within instrument and acknowledged to me that he s e they executed the same in hiseitheir authorized capacity(ies), and that by his er their signature(i) on the instrument the person('), or the entity upon behalf of • which the person0 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. WITNE my hand and seal. •" DAMARIS ABIGAII LARA RAMOS : � COMM. #2448473 D NOTARY PUBLIC-CALIFORNIA m er J`E'..i SAN BERNARDINO COUNTY , (Notary Seal) My Comm.Expires May 30,2027 Signature ofNblic ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may he printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifi'ing the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefidlvfor proper notarial wording and attach this form if required. • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. 0 Individual(S) he/she/they.-is/ate)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges, re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact v Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other i Indicate title or type of attached document,number of pages and date. 4 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA vI2.10.07 800-873-9865 www.NotaryClasses.com EXHIBIT B PAYMENT BOND (LABOR AND MATERIALS) Bond No. 18L006207 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 R Dependable Const Inc- 1019 W. 3rd Street, Ste B. San Bernardino, CA 92410 ("Principal") (Name and address of Contractor) a contract(the"Contract") for the Work described as follows: PIER RESTROOM RENOVATION PROJECT (CIP BP2202) (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 The Ohio Casualty Insurance Company-790 The City Drive, Suite 200 Orange CA 92868 (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 Two Hundred Sixty-Four Thousand One Hundred Dollars and no/100 Dollars ($ 264,100.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: March 11, 2024 "Principal" "Surety" R Dependable Const Inc The Ohio Casualty Insurance Company By: GJ—r%a/i By: C Its Rosemary P i , President Its Ashley N. aker, Attorney-in-Fact By: By: Its Its (Seal) (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as 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. This Power of Attorney limits the acts of those named herein,and they have no authority to ro- ry bind the Company except In the manner and to the extent herein stated. Is tie Liberty Liberty Mutual Insurance Company �j , Litua1. The Ohio Casualty Insurance Company Certificate No:8208023-987721 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hartphshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws cf the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Ashley N. Baker,Karen A.Eby,Kyle T.Baker,Timothy C Baker al of the city of Murrieta stale d CA each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deriver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this IIth day of May , 2022 . Liberty Mutual Insurance Company !,tNSUR �SY Meth, 1N8U� The Ohio Casualty Insurance Company Jt4pePog41't �JY-oaP041 "'9yo * West American Insurance Company of I. 1912 0 o 1919Wo a 1991 1oyE N rd0j48Acvos da yo hAerP6�e t. YS hmAN�a3 4/71i7 :E 8 c eh * �� 'kyl ,r 0" 4M * I. Sy' 3 is re David M.Carey,Assistant Secretary c :o`e State of PENNSYLVANIA ss N w Canty of MONTGOMERY co 4- = On this I I th day of May , 2022 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 8 m Company,The Ohio Casualty Company,and West American Insurance Company,and that he;as sud,being authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ou 6 IN WITNESS WHEREOF, have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. O y OS 0 N �5 kplw s TF! Commarnealth or Pennsylvania-Notary Sal >.— 4'1 c:P t=' Tana Pasle8a Ne y Pubic �®e � C N o OFMy Monlpo oornonimion pre county /QA4� 0 E C Co i m slain number March264e4 5 By: t4d V W cu y 't5v1.`fl" Member Pennsylvania Aaaaciation or No,a,;n efesa Pastdla,Notary Pudic Q O N CI) glty ,nr 4? This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3 o•. Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o CV w? ARTICLE IV-OFFICERS:Section 12t3 a, .Power of Attorney. `o o Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such imitation as the Chairman or the'v :i ei President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety m co To aci any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall iti c 3 o t= have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such o co z 0 instruments shall be as binding as if signed by the President and attested to by the Secretary.My power or authority granted to any representative or attorney-in-fact under the m provisions of this article may be revoked at any tine by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ti a ARTICLE XIII-Execution of Contracts:Section 5 Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such Imitations as the chairman or the president may(rased be, - shall appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and al undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shal have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-'he President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fad as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever apoearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be veld and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company, Liberty Mutual Insurance Canpany,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this I I th day of March , 2024 P`,tN8U,e € 3' 't Ws 1tHSU°b tP cEr: f^O 0ch d� da da By-R0 Y , Secretary LMS-12873 URIC OCIC WAIC Multi Ca 02,21 �E'�2L�.mc 1' ^.3'13^�V'�L'SI•:•i_�[�_""..";��:L'z'�.!:-,-*�.+—ss...z.u.......T _.'[S`_� -..-.-... -.fie."STD CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Riverside } On before me, K.A. Eby, Notary Public , .- ucn neat,3rd Vi.,cr Imo D'r.-rl personally appeared Ashley N. Baker , who proved to me on the basis of satisfactory evidence to be the person(( )whose na e i pr subscribed to the within instrument and acknowledged to me that s b4y executed the same in i eir authorized capacity(ips), and that by 7V exit it signature$ on the instrument the personW, or the entity upon behalf of which the persors1 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. t K.A.EBY WITNESS m hand an IC al. �''tr ="i, omm.#2333693 ai y at(. 2 NOTANVPVetKCALIPOMl1A ItIVlRSK1F CUVNTY V ,-..,yAit comm.E.pl.•,wiv.•t•t•>m. Notary Public Sig ture ( otary Public Seal) 40- - e ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complier with current California stmutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document .acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(st personally appeared before the notary public for acknowledgment • Date of notanzation must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her Number of Pages Document Date _ -- commission followed by a comma and than your title(notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER I • Indicate the correct singular or plural forms by crossing off incorrect forms(i e lra'sheiti y-is Hare)or circling the correct forms.Failure to correctly indicate this • Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines If seal impression smudges. re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the comity clerk ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document Other Indicate title or type of attached document,number of pages and date ❑ Indicate the capacity claimed by the signer If the claimed capacity.Is a corporate officer,indicate the title(i c CEO.CFO.Secretary, • Securely attach this document to the signed document with a staple CALIFORNIA ALL-PURPOSE CERTIFICATE OF 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 San Bernardino On March 12, 2024 before me, Damaris Abigail Lara Ramos, Notary Public (Here insert name and title of the officer) personally appeared Rosemary Padilla , who proved to me on the basis of satisfactory evidence to be the person(/) whose name(x)Oare subscribed to the within instrument and acknowledged to me that he( e they executed the same in hisO: ie their authorized capacity(.i4es), and that by his er their signature()on the instrument the person(M, or the entity upon behalf of which the person') acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. __ _ _ WITN my hand and seal. 1 DAMARIS ABIGAIL LARA RAMOS 1 � : COMM. #2448473 ��. I 4 i N (-,�.. ?", NOTARY PUBLIC-CALIFORNIA m cc ` 5� SAN BERNARDINO COUNTY (Notary Seal) 9 `' 1P My Comm,Expires May 30,2027 Signature 9 le' Y - - - - ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may he printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefidly for proper notarial wording and attach this firm if required. Number of Pages Document Date • State and County information must be the State and County where the document g signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) He/she/tkey-is fare)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer,indicate the title(i.e.CEO.CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com EXHIBIT C WORKER'S COMPENSATION INSURANCE CERTIFICATE WORKERS' COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the City of Seal Beach ("City") has required certain insurance to be provided by: R DEPENDABLE CONSTRUCTION, INC. NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time: 1. This certificate is issued to: City of Seal Beach City Hall 211 8th Street Seal Beach, California 90740 The insureds under such policy or policies are: R DEPENDABLE CONSTRUCTION, INC. 2. Workers' Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows: Policy Number Effective Date Expiration Date 906484623 07/03/2023 07/03/2024 By:c.,, bgl— ---- Its Authoriz Rep esentative ACOIW CERTIFICATE OF LIABILITY INSURANCE DATE(MM1OD/YYYV) `..� 02/28/2024 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 Diamond Valley Insurance Services, Inc, CONTACTE NAME: Crystal EscanueIa 41856 Ivy Street# 108 (Atco,_No,Ext) (951)553-7400 ,WC,No):FAX stal MURRIETA,CA 92562 E-MAIL .,90t7RES3; c dlle s.com � @iamondvaYm License#: 0H94716 INSURER(3)AFFORDING COVERAGE NAIC f! INSURERA• Palms Insurance Com any, Ltd 37532 INSURED INSURER B: AmGuard Insurance Company 42390 R DEPENDABLE CONSTRUCTION, INC. INSURERC: Ategrity Specialty Insurance Co. 1019 W 3RD STREET, STE B INSURERD: State Compensation Insurance Fund 35076 SAN BERNARDINO, CA 92410 INSURER E: Lloyds of London INSURER F COVERAGES CERTIFICATE NUMBER: 00001415-5612304 REVISION NUMBER: 640 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. NTR I ADDL SUER POLICY EFF POLICY EXPR TYPE OF INSURANCE 3NSD,WV1:2j POLICY NUMBER (MMIDDIYYYYI (MM/DINYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY Y DENV0000772-00 06/17/2023 06/1712024 EACH OCCURRENCE $ 1,000,000 DAMAGE RENTED CLAIMS-MADE X OCCUR PREMISESO(Ea occurrence) $ 100,000 MED EXP(Any ono person) $ 5,000 X Conti'Liab Included PERSONALBADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PRO L I LOC PRODUCTS-COMP/OP AGG' $ 2,000,000 OTHER: Pollution liab-Gene $ 2,000,000 B AUTOMOBILE LIABILITY Y I RDAU446343 03/02/2023 03/0212024 JEa a^OMccideBINED nt)SINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ CWNED SCHEDULED BODILY INJURY(Per accident), $ L_ AUTOS ONLY X AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Par accldentl i$ $ C X UMBRELLALIAB X OCCUR Y 01-P-XL-P70001118-2 06/17/2023 06117/2024 EACH OCCURRENCE $ 7,000,000 EXCESS LIAR CLAIMS-MADE AGGREGA—E $ 7,000,000 X DED I RETENTION$ 0 $ WORKERS COMPENSATION PER OTH- ER 906484623 07103/2023 07/03/2024 X STATVTE ER AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN E.L EACH ACCIDENT $ 1,000,000 OFFICERAIEMDER EXCLUDED? Y N J A (Mandatory In NH) E.L DISEASE-EA EMPLOYEE $ 1,000,000 IDESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 1,000,000 E Pollution ANE1844314.23 10/31/2023 10/31/2024 $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City, its elected and appointed officials,officers,employees,attorneys,agents,volunteers,and those City agents serving as 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. Property:Seal Beach Municipal Pier,Seal Beach,CA 90740,900 Ocean Ave.Seal Beach,CA 90740 (continued on ACORD 101 Additional Remarks Schedule) 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 REPRESENTAT{rVF, ""' Y (CE1) ©198JOS4)`d..\36 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks f AC D Printed by CE1 on 02/28/2024 at 11:21AM AGENCY CUSTOMER ID: 00001415 _ LOC#: AC oRD� ADDITIONAL REMARKS SCHEDULE Page 2 of AGENCY NAMED INSURED Diamond Valley Insurance Services,Inc. R DEPENDABLE CONSTRUCTION,INC. POLICY NUMBER NIA CARRIER NAIC CODE Multiple Carriers EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance (continued from Description of Operations) Job:Project No.Pier Restroom Renovation Project-CIP No.BP2202 '30 days notice of Intent to cancel,except 10 days for non payment of premium. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by CE1 on February 28,2024 at 11:21AM COMMERCIAL AUTO BA99040618 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. This provision does not apply in regard to any ownership, maintenance or use of the additional insured's"autos." Additional Insured When Required by Contract (a) The limits of insurance specified in (1) Paragraph A.1. — WHO IS AN INSURED — the written contract or written of Section II — Liability Coverage is agreement; or amended to add: (b) The Limits of Insurance shown in d. When you have agreed, in a written the Declarations. contract or written agreement, that a Such amount shall be a part of and not person or organization be added as an in addition to Limits of Insurance shown additional insured on your business auto in the Declarations and described in this policy, such person or organization is an Section. "insured", but only to the extent such (3) Additional Insureds Other Insurance person or organization is liable for "bodily injury" or "property damage" If we cover a claim or "suit" under this caused by the conduct of an "insured" Coverage Part that may also be covered under paragraphs a. or b. of Who Is An by other insurance available to an Insured with regard to the ownership, additional insured, such additional maintenance or use of a covered "auto." insured must submit such claim or'suit" The insurance afforded to any such to the other insurer for defense and additional Insured applies only if the indemnity. "bodily injury" or "property damage" However, this provision does not apply occurs: to the extent that you have agreed in a (1) During the policy period, and written contract or written agreement that the insurance is primary and non- (2) Subsequent to the execution of such contributory with the additional insured's written contract, and own insurance. (3) Prior to the expiration of the period (4) Duties in The Event Of Accident, Claim, of time that the written contract Suit or Loss requires such insurance be provided If another person or organization is to the additional insured. added as an additional insured on your (2) How Limits Apply policy, the additional insured shall be If you have agreed in a written contract required to comply with the provisions in or written agreement that another A. Loss Conditions 2. — Duties In The person or organization be added as an Event Of Accident, Claim, Suit Or additional insured on your policy, the Loss — of SECTION IV — BUSINESS most we will pay on behalf of such AUTO CONDITIONS, in the same additional insured is the lesser of: manner as the Named Insured. BA 99 04 06 18 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 1 of 1 POLICY NUMBER: DENV0000772-00 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizatlon(s) Location(s)Of Covered Operations Any person or organization for whom you are performing In respect to any location where the named insured is operations when you and such person or organization have performing"your work". agreed in writing in a contract or agreement,effected prior to the date your operations for that person or organization commenced,that such person or organization be added as an additional insured on your policy Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II - Who Is An Insured Is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to"bodily injury"or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions;or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs)to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed;or However: 2. That portion of "your work" out of which the 1. The insurance afforded to such additional injury or damage arises has been put to its intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law;and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 ©Insurance Services Office,Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III- Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of Insurance: 1. Required by the contract or agreement or Page 2 of 2 ©Insurance Services Office, Inc.,2012 CG 20 10 04 13 POLICY NUMBER: DENV0000772-00 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization for whom you are performing In respect to any location where the named insured is operations when you and such person or organization have performing"your work". agreed in writing in a contract or agreement,effected prior to the date your operations for that person or organization commenced,that such person or organization be added as an additional insured on your policy Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III- Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement;or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever Is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional Insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 ©Insurance Services Office, Inc.,2012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTORY COVERAGE NAMED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRIMARY/NON-CONTRIBUTORY—If required by written contract or agreement,effective prior to the date your operations for that person or organization commenced and named below,such insurance as is afforded by this policy to any additional insureds under this policy shall be primary Insurance,and any insurance or self-insurance maintained by such additional insured(s)shall not contribute to the insurance afforded to the named insured. All other terms and conditions remain unchanged. SCHEDULE Any person or organization that is: 1. An owner of real or personal property on which you are performing operations,but only at the specific written request by that person or organization to you,and only if: a. That request is made prior to the date your operations for that person or organization commenced;and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker;or 2. A contractor on whose behalf you are performing operations,but only at the specific written request by that person or organization to you,and only it a. That request is made prior to the date your operations for that person or organization commenced;and b. A Certificate of Insurance evidencing that request has been Issued by your authorized insurance agent or broker. DENV 02 09 07 22 Includes copyrighted material of Insurance Services Office,Inc. Page 1 of 1 with its permission POLICY NUMBER: DENV0000772-00 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s)Or Organizatlon(s): Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced,that such person or organization be added as an additional insured on your policy. In respect to any location where the named insured is performing"your work". Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV- Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. CG 24 04 12 19 ©Insurance Services Office, Inc.,2018 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTORY COVERAGE NAMED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRIMARY/NON-CONTRIBUTORY—If required by written contract or agreement,effective prior to the date your operations for that person or organization commenced and named below,such insurance as is afforded by this policy to any additional Insureds under this policy shall be primary insurance,and any insurance or self-Insurance maintained by such additional insured(s)shall not contribute to the insurance afforded to the named insured. All other terms and conditions remain unchanged. SCHEDULE Any person or organization that is: 1. An owner of real or personal property on which you are performing operations,but only at the specific written request by that person or organization to you,and only If: a. That request is made prior to the date your operations for that person or organization commenced;and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker;or 2. A contractor on whose behalf you are performing operations,but only at the specific written request by that person or organization to you,and only if: a. That request is made prior to the date your operations for that person or organization commenced;and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. DENV 02 09 07 22 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission ACGRO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM ODIYYYY) `----- 02/28/2024 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 Diamond Valley Insurance Services, inc. NAME: Crystal Escanuela 41856 Ivy Street# 108 avcc,"No.Eat): (951)553-7400 FAX Not;(951)296-6808 MURRIETA,CA 92562 ADDRESS: crystal@diamondvalleylns.com License#: 0H94716 INSURER(S)AFFORDING COVERAGE NAICY INSURER A: AmGuard Insurance Company 42390 INSURED INSURER e: R DEPENDABLE CONSTRUCTION, INC. INSURERC: 1019 W 3RD STREET,STE B INSURER D: SAN BERNARDINO,CA 92410 INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: 00001415-5612304 REVISION NUMBER: 648 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 ADDLSUBR POLICYEFF POLICY EXP LTR TYPE OF INSURANCE .JNSO WVD POLICY NUMBER IMM/OOIYYYY) IMMIDDIYYYYI LIMITS I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE I$ r i CLAIMS-MADE I OCCUR I DAMAGE TO RENTED '_pREMISEStEaocc�rrerxel_ _ _---- MED EXP(Any me person) $ —__ ___ PERSONAL&ADV INJURY $ GEN.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ _ OTHER: $ A AUTOMOBILE LIABILITY Y Y RDAU570823 03/02/2024 03/02/2025 {CEO LINED SINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ ' OWNED I SCHEDULED BODILY INJURY AUTOS ONLY X AUTOS (Par accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) I $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I RETENTIONS _ $ WORKERS COMPENSATION i AND EMPLOYERS'LIABILITY YIN L _ 1 PER EERH ANY PROPRIETORIPARTNERIEXECUTIVE + E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? J N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under __ DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City, its elected and appointed officials,officers,employees,attorneys,agents,volunteers,and those City agents serving as 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. Property:Seal Beach Municipal Pier,Seal Beach,CA 90740,900 Ocean Ave. Seal Beach,CA 90740 (continued on ACORD 101 Additional Remarks Schedule) CERTIFICATE HOLDER CANCELLATION City Manager 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. City Hall 211 8th Street AUTHORIZED REPRESENTAT Seal Beach, CA 90740 \, I (CE1) ©1 88- 015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by CE1 on 02/28/2024 at 02:36PM AGENCY CUSTOMER ID: 00001415 LOC#: A CC:WU ADDITIONAL REMARKS SCHEDULE Page 2 of AGENCY NAMED INSURED Diamond Valley Insurance Services,Inc. R DEPENDABLE CONSTRUCTION, INC. POLICY NUMBER NIA CARRIER NAIC CODE Multiple Carriers EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance (continued from Description of Operations) Job:Project No.Pier Restroom Renovation Project-CIP No.BP2202 "30 days notice of Intent to cancel,except 10 days for non payment of premium. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by CE1 on February 28,2024 at 02:36PM COMMERCIAL AUTO BA 99 02 09 08 BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION IV- BUSINESS AUTO CONDITIONS,A. Loss Conditions,5.Transfer Of Rights Of Recovery Against Others To Us is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. BA 99 02 09 08 Includes copyrighted material of Insurance Services Office,inc.,with its permission. Page 1 of 1 COMMERCIAL AUTO BA 99 04 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This provision does not apply in regard to any ownership, maintenance or use of the additional insured's"autos." Additional Insured When Required by Contract (a) The limits of Insurance specified in (1) Paragraph A.1. —WHO IS AN INSURED — the written contract or written of Section II — Liability Coverage is agreement; or amended to add: (b) The Limits of Insurance shown in d. When you have agreed, in a written the Declarations. contract or written agreement, that a Such amount shall be a part of and not person or organization be added as an in addition to Limits of Insurance shown additional insured on your business auto in the Declarations and described in this policy, such person or organization is an Section. "insured", but only to the extent such (3) Additional Insureds Other Insurance person or organization is liable for "bodily injury" or "property damage" If we cover a claim or "suit" under this caused by the conduct of an "insured' Coverage Part that may also be covered under paragraphs a. or b. of Who Is An by other insurance available to an Insured with regard to the ownership, additional insured, such additional maintenance or use of a covered"auto." insured must submit such claim or"suit" The insurance afforded to any such to the other insurer for defense and additional insured applies only if the indemnity. "bodily injury" or "property damage' However, this provision does not apply occurs: to the extent that you have agreed in a (1) During the policy period, and written contract or written agreement that the insurance is primary and non- (2) Subsequent to the execution of such contributory with the additional insured's written contract, and own insurance. (3) Prior to the expiration of the period (4) Duties in The Event Of Accident, Claim, of time that the written contract Suit or Loss requires such insurance be provided If another person or organization is to the additional insured, added as an additional insured on your (2) How Limits Apply policy, the additional insured shall be If you have agreed in a written contract required to comply with the provisions in or written agreement that another A. Loss Conditions 2.— Duties In The Event Of Accident, Claim, Suit Or person or organization be added as an Loss — of SECTION IV — BUSINESS additional insured on your policy, the AUTO CONDITIONS, in the same most we will pay on behalf of such additional insured is the lesser of: manner as the Named Insured. BA 99 04 06 18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY R DEPENDABLE CONSTRUCTION, INC. Name and address of named insured("Named Insured"): AmGUARD Insurance Company, PO Box AH, 39 Public Square,Wilkes-Barre, PA 18703-0020 Name and address of insurance company("Company'): Job: Project No. Pier Restroom Renovation Project-CIP No. BP2202 General description of agreement(s),permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach ("City"), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 8th Street Seal Beach, CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS POLICY PERIOD LIMITS OF ENDORSEMENT ATTACHES FROM/TO LIABILITY Commercial Auto 03/2/24 to 3/2/25 $1,000,000 CSL 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Any Automobiles ❑ Truckers Coverage ❑ All Owned Automobiles o Motor Carrier Act X Non-owned Automobiles ❑ Bus Regulatory Reform Act M Hired Automobiles ❑ Public Livery Coverage X Scheduled Automobiles ❑ D Garage Coverage ❑ 12. A X deductible or❑self-insured retention (check one) of$ 500 applies to all coverage(s) except: NA (if none, so state). The deductible is applicable o per claim or❑ per occurrence (check one). 13. This is an X occurrence or o claims made policy (check one). 14. This endorsement is effective on ^3/2/2024_ at 12:01 a.m. and forms a part of Policy Number RDAU570823. I, ASHLEY BAKER, hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed FEBRUARY 28 , 2024_ RDR_X9' Signature of Authorized Representative (Original si t e only; no facsimile signature Telephone No.: (951)553-7400 or initialed signature accepted) Gloria Harper From: William Luna Sent: Wednesday, March 27, 2024 2:55 PM To: Gloria Harper Cc: Jessica Salvador; Kathryne Cho Subject: RE: R Dependable COI Gloria, We will waive the requirement for professional liability insurance, as R Dependable will solely be responsible for the construction of the project without any design involvement. William Luna William Luna, Assistant Engineer 211 Eighth Street, Seal Beach, CA 90740 (562) 431-2527 x 1328 ØfRX 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.gov 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:Jessica Salvador<jsalvador@sealbeachca.gov> Sent: Wednesday, March 27, 2024 2:47 PM To: William Luna <wluna@sealbeachca.gov> Cc: Kathryne Cho<kcho@sealbeachca.gov> Subject: FW: R Dependable COI Hi,Will. Please see below,from Gloria. Thank you, Jess OF SEA[�, (/6' 1; Jessica Salvador • (562) 431-2527 x 1319 • 1 From: Gloria Harper<gharper@sealbeachca.Rov> Sent: Wednesday, March 27, 2024 2:44 PM To:Jessica Salvador<jsalvador@sealbeachca.Rov> Subject: RE: R Dependable COI Hi Jess, Thanks for this! In further review of the COI,the Professional/Errors&Omissions is not listed; however, it is listed in the Contract under section 6.2.5 and again 6.3.4. Please advise if this is a requirement? Email okay! Thank you, Gl o-ri,a P. Harper Gloria D. Harper, City Clerk 211 Eighth Street, Seal Beach, CA 90740 (562) 431-2527 x 1305 0 fig X Click here to read and subscribe to our City Manager Newsletter. View our: Shoreline Recreation Brochure 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:Jessica Salvador<jsalvador@sealbeachca.Rov> Sent: Wednesday, March 27, 2024 10:32 AM To: Gloria Harper<gharper@sealbeachca.Rov> Subject: R Dependable COI Good morning, Gloria. I went downstairs to drop off a contract to route, and Brandon informed me that there was an issue with the expiration date for R Dependable's automative liability section of their COI? My apologies. Please see attached. Have a fun day and thank you for all your help. Jess izE SEAL '''•. °Z\: Jessica Salvador • ' (562) 431-2527 x 1319 • EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business&Professions Code§7028.15] [Public Contract Code§20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below(required at time of Bid submission): 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 20103.5 of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months,or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply.to a joint venture license,.as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the Bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the Contract and shall result in the forfeiture of the security of the Bidder. License No.:944088 Class: B Expiration Date: 03/31/2024 Date: 02/28/2024 z f • CONTRACTORS sue` cite STATE LICENSE BOARD ?x ^°^ u44.1 ACTIVE LICENSE �i.,�. .944Q88 �xry CORD R DEPENDABLE CONST INC • • i C1u,ficaiaysl B re,gaonoa.U.S%3l/LU24 www.Cslb.Ca.00v T • Any change of business address/name must be reported to the Registrar within 90 days. { This license is not transferrable,and shall be returned to the Registrar upon demand when suspended,revoked,or invalidated for any reason. This pocket card is valid through the expiration date only. N found,drop in any mailbox Postage guaranteed by Contractors State License Board P O.Box 26000 Sacramento CA 95826 Contractor Information Registration History Legal Entity Name Effective Date Expiration Date R DEPENDABLE CONST INC Legal Entity'Type 6/8/2018 6/30/2019 Corporation Status 6/12/2017 6/30/2018 Active Registration Number 6/10/2016 6/30/2017 1000002054 Registration effective date 6/19/2015 6/30/2016 7/1/2023 Registration expiration date 10/21/2014 6/30/2015 6/30/2024 Mailing Address 7/1/2019 6/30/2020 1019 W 3RD STREET,STE B SAN BERNARDINO 92410 CA United States of America Physical Address 7/1/2020 6/30/2021 1019 W 3RD STREET,STE B SAN BERNARDINO 92410 CA United States of America Email Address 7/1/2021 6/30/2022 Trade Name/DBA License Numbers) 7/1/2023 6/30/2024 CSLB:944088 CSLB:944088 7/1/2022 6/30/2023 11111111111111111111111111111.11 State of California '''" '` E-827681 •Secretary of State .* • FILED STATEMENT OF INFORMATION In the office of the Secretary of (Domestic Stock and Agricultural Cooperative Corporations) State of the State of California FEES(Filing and Disclosure): $25.00. If amendment, see instructions. Sep - 30 2009 IMPORTANT-READ INSTRUCTIONS BEFORE COMPLETING THIS FORM This Space For Filing Use Only 1. CORPORATE NAME (Please do not alter if name is preprinted.) C3234199 R DEPENDABLE CONST INC. DUE DATE: COMPLETE ADDRESSES FOR THE FOLLOWING(Do not abbreviate the name of the city.Items 2 and 3 cannot be P.O.Boxes.) 2. SWEET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CITY STATE ZIP CODE 1019 W 3RD ST STE B SAN BERNARDINO CA 92410 3. STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA,IF ANY CITY STATE ZIP CODE 1019 W 3RD ST STE B SAN BERNARDINO CA 92410 4. MAILING ADDRESS OF THE CORPORATION,IF DIFFERENT THAN ITEM 2 CITY STATE ZIP CODE NAMES AND COMPLETE ADDRESSES OF THE FOLLOWING OFFICERS (The corporation must have these three officers. A comparable title for the specific officer may be added; however,the preprinted titles on this form must not be altered.) 5. CHIEF EXECUTIVE OFFICER! ADDRESS CITY STATE ZIP CODE ROSEMARY R PADILLA 1019 W 3RD ST STE B SAN BERNARDINO,CA 92410 B. SECRETARY/ ADDRESS CITY STATE ZIP CODE ROSEMARY R PADILLA 1019 W 3RD ST STE B SAN BERNARDINO,CA 92410 7. CHIEF FINANCIAL OFFICER/ ADDRESS CITY STATE ZIP CODE ROSEMARY R PADILLA 1019 W 3RD ST STE B SAN BERNARDINO CA 92410 NAMES AND COMPLETE ADDRESSES OF ALL DIRECTORS,INCLUDING DIRECTORS WHO ARE ALSO OFFICERS (The corporation must have at least one director. Attach additional pages, if necessary.) 8. NAME ADDRESS CITY STATE ZIP CODE ROSEMARY R PADILLA 1019 W 3RD ST STE B SAN BERNARDINO,CA 92410 9.NAME ADDRESS CITY STATE ZIP CODE 10.NAME ADDRESS CITY STATE ZIP CODE 11, NUMBER OF VACANCIES ON THE BOARD OF DIRECTIONS,IF ANY: AGENT FOR SERVICE OF PROCESS (If the agent is an individual,the agent must reside in California and Item 13 must be completed with a California street address (a P.O.Box address is not acceptable). If the agent is another corporation,the agent must have on file with the California Secretary of State a certificate pursuant to Corporations Code section 1505 and Item 13 must be left blank.) 12. NAME OF AGENT FOR SERVICE OF PROCESS ROSEMARY R PADILLA 13. STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA,IF AN INDIVIDUAL CITY STATE ZIP CODE 1019 W 3RD ST STE B SAN BARNARDINO,CA 92410 TYPE OF BUSINESS 14. DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION CONSTRUCTION ASSIST 15. BY SUBMITTING THIS STATEMENT OF INFORMATION TO THE CALIFORNIA SECRETARY OF STATE,THE CORPORATION CERTIFIES THE INFORMATION CONTAINED HEREIN,INCLUDING ANY ATTACHMENTS,IS TRUE AND CORRECT. 09/30/2009 MARK ALLEN TALCOTT PREP OF TAXES DATE TYPE OR PRINT NAME OF PERSON COMPLETING THE FORM TITLE SIGNATURE SI-200 C(REV 01/2008) APPROVED BY SECRETARY OF STATE • 3234199 Cc( "0 ARTICLES OF INCORPORATION in the office of the Secretary of State of the State of California SEP 1 12009 The name of this corporation is R DEPENDABLE CONST INC. IV The purpose of the corporation is to engage in any lawful act or activity for which a corporation may be organized under the GENERAL CORPORATION LAW of California other than the banking business, the trust company business or the practice of a profession permitted to be incorporated by the California Corporations Code. III The name and address in the State of California of this corporation's initial agent for service of process is: Name: ROSEMARY R. PADILLA Address: 1019 W. 3RD ST STE#B City: SAN BERNARDINO, CA 92410 IV This corporation is authorized to issue only one class of shares of stock; and the total number of shares which this corporation is authorized to issue is 2000. ROSEMA DMA Incorporator EXHIBIT F AGREEMENT TO COMPLY WITH LABOR LAW REQUIREMENTS AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code§§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with a[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 02/28/2024 Signature EXHIBIT G BID PROPOSAL FORM (INCLUDING BID SHEETS AND FEBRUARY 20, 2024 LETTER FROM R DEPENDABLE CONST INC.) BID PROPOSAL CITY OF SEAL BEACH PIER RESTROOM RENOVATION PROJECT PROJECT CIP NO. BP2202 BID SHEETS Bidder's Name: R DEPENDABLE CONST INC To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the City Engineer, at the following prices: Base Bid items: NOTE: A detailed description of each bid item is listed under Section 7, SP-1 (Special Provisions). General Conditions Bid Items Item Unit Price Extended Price No. Description Unit Quantity (in Figures) (in Figures) Mobilization and Demobilization 1 (5% of Total Bid Maximum) LS 1 $ 11, 000 .00 $11, 000 . 00 2 Ongoing Site Maintenance LS 1 $5, 000 . 00 $ 5, 000 . 00 Pier Restroom Bid Items (Men &Women Restrooms) Item Unit Price Extended Price No. Description Unit Quantity (in Figures) (in Figures) Provide and Maintain Temporary Public Restrooms & Wash stations 3 Including Daily Cleaning and LS 1 $15, 000.00 $ 15, 000 .00 Servicing (4 ea standard and 1 ADA, and 1 Wash stations) 4 Selective Restroom Demolition $ g, 500 . 00 $ 9, 500 . 00 (Spec. 024100) LS 1 Plumbing Equipment Incl. all Work 5 to Make Functional (Sheets P-0.1, LS 1 $55, 000.00 $55, 000 . 00 0.2, 0.3, 2.1, & 2,2 ) Furnish & Install Restroom 6 Partitions and Accessories LS 1 $ 30, 500 . 00 $ 30, 500 . 00 Furnishings, Signage (Spec. 079200, 101400, 102113.13) 80 Electrical Furnishings & Install 7 Modifications for New Lighting & LS 1 $36, 000 . 00 $ 36, 000 . 00 Sensor Operated Fixtures to Make Functional (Sheets E-2.1, 3.1) 8 Furnish and Install New HVAC EA 8 $ 500 .00 $ 4, 000 . 00 Grilles (Sheet A-3.1) Concrete Floor & Base 9 Resurfacing, Sealer Installation SF 1,100 $ 10.00 $ 11, 000 . 00 Incl. All Surface Prep. & Patching (Spec. 033511) New Restroom Doors, Frames, 10 Hardware & Door Accessories EA 4 $ 3, 300 .00 $ 13, 200 .00 (Spec. 079200, 081613) 11 Interior Painting Incl. Surface Prep SF 3,500 $2 .50 $ 8, 750 . 00 and Patching (Spec. 099123) 12 Rough Carpentry Modifications LS 1 $ 7, 860 . 00 $ 7, 860 . 00 (Spec. 061053) 13 Interior Graffiti Coating System SF 3,500 $2 . 00 $ 7, 000 . 00 (Spec. 099123) 14 Item No. 14. Interior Plaster Wall SF 550 $ 10 .50 $ 5, 775 . 00 Repair & Finishing TOTAL BASE BID PRICE (ITEMS NO. 1 THROUGH 14) TWO HUNDRED NINETEEN THOUSAND FIVE HUNDRED EIGHTY FIVE DOLLARS $ 219, 585. 00 WORDS FIGURES IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. Additive Alternate Bid Items: Pier Restroom Additive Bid Items Item Unit Price Extended Price No. Description Unit Quantity (in Figures) (in Figures) Remove & Replace Mechanical AB.1 Exhaust System Including all Work LS 1 $ 8, 985 . 00 $ 8, 985 . 00 to Make Functional (Sheet M-0.2, M-2.1) Provide Epoxy Sealer for Concrete Base & Flooring Incl. All Surface AB.2 Prep and Patching; Would SF 1,100 $ 18 . 00 $ 19, 800 . 00 Replace Bid Item #9 (Spec. 096723) 81 Remove & Replace Composite AB.3 Restroom Louvers, Match Existing EA 4 $ 925.00 $ 3, 700. 00 (Sheet A-6.2 Details 13 thru 15 & Spec. 067100) Drain camera assessment of men AB.4 and women's restroom floor drain LF 60 $38.00 $ 2, 280. 00 waste lines Installation of inline catch basins AB.5 at floor drain waste lines EA 2 $ 4, 875. 00 $ 9, 750.00 TOTAL ADDITIVE BID PRICE (ITEMS NO. AB.1, AB.2, AB.3, AB.4 &AB.5) FORTY FOUR THOUSAND FIVE HUNDRED FIFTEEN DOLLARS $ 44, 515.00 WORDS FIGURES IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. Note: Items may be adjusted or deleted. Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment In the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses. DETERMINATION OF LOWEST BID: LOWEST TOTAL BASE BID TOTAL BID PRICE = BASE AMOUNT PLUS ADDITIVE BID ITEMS TOTAL BID PRICE IN DIGITS: $ 264, 100. 00 TOTAL BID PRICE IN WORDS: TWO HUNDRED SIXTY FOUR THOUSAND ONE HUNDRED DOLLARS IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. NOTE: The City reserves the right to award a Contract to the lowest responsible Bidder in parts or in its entirety and reserves the right to reject all Bids and re-advertise, as appears to be in the best interests of the City. A Bid is required for this entire Work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing Bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit 82 prices shall govern over extended amounts, and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. The undersigned Bidder agrees that, if awarded the Contract, Bidder will complete all Work according to the Contract Documents. The undersigned Bidder is licensed in accordance with the requirements of the Business and Professions Code, California Contractor's License No.- 944088 , Class B _ (REQUIRED AT TIME OF BID SUBMISSION). Legal Business Name of Bidder R DEPENDABLE CONST INC Business Address 1019 W. 3RD ST. SAN BERNARDINO, CA 92410 Business Tel. No. (909) 381-2310 02/14/2024 PRESIDENT ignature ate Title Signature Date Title Signature Date Title If Bidder is an individual, name and signature of individual must be provided, and, if he or she is doing business under a fictitious name, the fictitious name must be set forth. If Bidder is a partnership or joint venture, the complete legal name of partnership/joint venture and state of formation must be provided, followed by signatures of all of the partners/joint venturers or fewer than all of the partners/joint venturers if submitted with evidence of authority to act on behalf of the partnership/joint venture. If Bidder is a corporation, the complete legal name of corporation and state of incorporation must be provided,followed by signatures of (i) the corporation President or Vice President and (ii) the Secretary or Assistant Secretary, and (iii)the corporate seal. Signatures of partners,joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners,joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 83 I �— 4 f - ' � EPEN �ABI_E C ONST I N C /j _may... 1 0 i 9 w_ JRO DT .,.. SAN BER NARO I NO. GA 924 I O To: City of Seal Beach 211 Eighth Street, Seal Beach, CA 90740 Date: 02/20/2024 Attn: William Luna,Assistant Engineer RE: RESTROOM RESTORATION(CIP BP 2022) To whom it may concern, This letter is to inform you that our submission of the original bid schedule was a clerical error only,and that we did receive and acknowledge addendum#4. Our cost breakdown,and our bid price,was based on the quantities included in the addendum#4 attachment Pg. 82. `.`_Change of Qty's"bid schedule provided,as well as all the other information included in addendum#4.The quantities that changed are as follows— The amount of New Restroom Doors,Frames, Hardware&Door Accessories,changed from(4)to(5). We estimated a total of(5)New Restroom Doors,Frames,Hardware&Door Accessories,with a unit price of$2,640.00 each, and a total price of$13,200.00. The amount of Composite Restroom Louvers,changed from(4)to(9). We estimated a total of(9)Composite Restroom Louvers,with a unit price of$411.11 each,and a total price of$3,700.00. Our Total Base Bid Price is, $219,585.00—Two Hundred Nineteen Thousand Five Hundred Eighty-Five Dollars. Our Total Additive Bid Price is,$44,515.00 -Forty-Four Thousand Five Hundred Fifteen Dollars. Our Total Bid Price is,$264,100.00—Two Hundred Sixty-Four Thousand One Hundred Dollars. Respectfully, Re4c.maui Padua Rosemary Padilla President of: R Dependable Const Inc