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HomeMy WebLinkAboutAGMT - Bond Blacktop • • - • 11 Recorded in Official Records, Oran ge County Torn Daly, Clerk-Recorder RECORDING REQUESTED BY i�I IIIVIIIIiIIIIIiIII111111111111111111111111111111111 NO FEE AND WHEN RECORDED MAIL TO 200.90 0638986 3:53 pm 11/25/09 20 229 N12 1 CITY OF SEAL BEACH 0 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Space of above this line for Recorder's use. / . t*" No Recording Fee Pursuant to Government Code Section 6103, 27383 *"* 1 \\� NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 —8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on July 2, 2009. The work was 2009 Annual Slurry Seal Project No. ST0911. 6. The name of the contractor, if any, for such improvement was: Bond Blacktop, Inc. The date of the Contract Award was: January 26, 2009 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Various streets, Seal Beach, California 90740. Date: //'/ Oq ignature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and c. -ct. Executed on /l•w ty•0e/y , 2009, at Seal :- h, California. (Date of Signature) t Director of Public Works AN AGREEMENT FOR 2009 Annual Slurry Seal Project CIP No. ST0911 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Bond Blacktop, Inc. P.O. Box 616 Union City, CA 94587 (510) 441 -9984 THIS AGREEMENT is made and entered into this 25 day of February, 2009, by and between the City of Seal Beach, a California charter city ( "City "), and Bond Blacktop, Inc., a Slurry Seal ("Contractor "). Page D -35 RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the 2009 Annual Slurry Seal Project, CIP No. ST0911 ( "Project "); B. WHEREAS, Contractor has submitted a bid to City for the Project dated February 19 2009. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: AGREEMENT Contractor's Services. Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terns and conditions set forth in this Agreement, Contractor shall perform and complete in good and workmanlike manner all work ( "Work ") required by this Agreement and the documents listed in Subsection 1.2 for the Project. Contract Documents. The "Contract Documents" that comprise the agreement between the City and the Contractor are the: Notice Inviting Bids, Instructions to Bidders, Accepted Proposal, Non - Collusion Affidavit, Bid Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms for Check or Bond, Specifications, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, this Agreement, Exhibits attached to this Agreement, including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Worker's Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E) and Labor Law Requirements (Exhibit F) and any and all supplemental agreements executed amending or extending the work contemplated and that may be required to complete the work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Agreement. 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 therefore, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by Owner. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of the other Contract Documents, the provisions of this Agreement shall prevail. Effective Date. This Agreement is effective as of February 25, 2009 (the "Effective Date "), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. Payment. For performing and completing the work in accordance with the Contract Documents, Owner shall pay Contractor, in full compensation therefor, the contract sum set forth in the Bidding Schedule. 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. Owner shall make payments Page D -36 to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. Contractor's Personnel. All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law and by the Notice Inviting Bids /Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 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. Contractor shall indemnify and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of city officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the work performed pursuant to this Agreement. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. Indemnification. Contractor's Duty. Contractor shall indemnify and hold the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees ") free and harmless from any and all claims, damages, penalties, obligations, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including without limitation wrongful death, bid protests, and stop notice actions, in any manner arising out of or incident to the performance of the Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Further, Contractor shall appoint competent defense counsel, at Contractor's own cost, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of the Agreement that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Agreement. Contractor shall reimburse the City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City or the other Indemnitees. Page D -37 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. Survival. The provisions of this Section 5 shall survive the termination of the Agreement 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 an Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Insurance. Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property and professional negligence which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subconsultants. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: Exhibit D -1: Additional Insured Endorsement - Commercial General Liability Exhibit D -2: Additional Insured Endorsement - Automobile Liability Exhibit D -3: Additional Insured Endorsement Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as defined below: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Professional Liability insurance. Contractor shall provide to City the standard form issued by the carrier. Minimum Limits of Insurance. Contractor shall maintain limits no less than as defined below: General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. Page D -38 Automobile Liability: $2,000,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. Deductibles and Self- Insured Retentions. Contractor shall inform City of any deductibles or self - insured retentions except with respect to professional liability insurance. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials which are not also limitations applicable to the named insured. For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials. Any insurance or self - insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials shall be excess of Contractor's insurance and shall not contribute with it. 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. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by registered first class mail has been given to City. Each insurance policy, except for the professional liability policy, required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII unless waived in writing by City's Risk Manager. Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 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 Owner for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion Page D -39 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 $750 per working day. Such amount is hereby agreed upon as liquidated damages for the loss to the Owner 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 Owner 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. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Agreement. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211 8th Street Seal Beach, California 90740 Telephone: (562) 431 -2527 Fax: (562) 493 -9857 With a copy to: Public Works Director City of Seal Beach 211 8th Street Seal Beach, California 90740 If to Contractor: Bond Blacktop, Inc. P.O. Box 616 Union City, CA 94587 Telephone: (510) 441 -9981 Fax: (510) 441 -9982 Non - Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 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. Non - Waiver of Terns, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor Page D -40 • 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. Attorneys' Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including all attorneys' fees incurred in connection with such enforcement or interpretation. Construction. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations, or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. CITY OF SEAL BEACH CONTRACTOR: Bond Blacktop, Inc. By: Attest: By: By: FliArAAA �OILYa�,� City Manager Name: Title: Edward Dillon, President Lin By: e&aiAd a Devine, City Clerk Name: Edward Dillon Title: Secretary /Treasurer Approved as to Form: By: uinn M. Barrow, City Attorney Page D-41 • • EXHIBIT A FAITHFUL PERFORMANCE BOND Page D-42 . 03/23/2009 KON 11:10 FAX 510 411982 Bond No. SSB396907 • Bond Premium $538.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that WHEREAS the City of Seal Beach, has awarded Bond Blacktop, Inc. P.O. Box 616 . .. (Name and address of Contractor) Ij010/013 ( "Principal"), a contract (the " Contract") for the work described as follows: 2009 Annual Slurry Seal Project. CIP# ST0911 WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract NOW, THEREFORE, we, the undersigned Principal, and RLI Insurance Company 505 14th Street, Suite 1100 0 15.1 (Name and address of Surety) ("Surety") a duly' admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Forty Nine Thousand Eight Hundred Seventeen•& 00/100s - -- Dollars ($ 49,817.00 ), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. . THE CONDITION Oh' THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or Its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and, agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorocys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, 'hereby stipulates and agrees that no change, extension of time alterations, addition or modification to the terms of the Contract, or of the work to be performed there under, or the specifications for the same, shall in any way affect its obligations under this band, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications there under. Surety hereby waives the provisions of California Civil 'Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof; have been duly executed by Principal and Surety, on. the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated "Principal' "Surety„ Bond Blacktop, Inc. RLI Insurance Company Page D-43 03/23/2009 ION 11 :10 FAX 510 4 ' '982 By: Edward Dillon, President By: • Its By By: • Its Erin Bautista, Attorney -in -Fact Its lI 011/013 (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fast must be attached. Page D-44 • • State of California County of Santa Clara ACKNOWLEDGMENT On March 23, 2009 before me, Jean L. Neu, Notary Public (insert name and title of the officer) personally appeared Erin Bautista who proved to me on the basis of satisfactory evidence to be the person(s ) whose name(s) is /ate subscribed to the within instrument and acknowledged to me that keishe/they executed the same in Ms /her/21dr authorized capacity(ies, and that by)bistherit r signature(s) on the instrument the person(), or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signatur (Seal) JEAN L. NEU Commission # 162652) No:cr,' Public - Caiiiornk San Mateo County if Is`y'' My Comm. Expires Dec 21, 2009; • • State of California County of Alameda ACKNOWLEDGMENT On March 23, 2009 before me, Kristin Ericson, Notary Public (insert name and title of the officer) personally appeared Edward Dillon who proved to me on the basis of satisfactory evidence to be the persons) whose name ( s) -is /are subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in his it authorized capacity(iesj, and that by his/her/their signature(s) on the instrument the personfsj; or the entity upon behalf of which the person($ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) ItR6111I4 ERICSON Conunka on 0 1 709061 Notary Public - Coetornlo Alomodo County P&ConmmE3 sa.ICn16,2012 03/23/2009 ION 11:11 FAX 510 4982 • 012/013 Bond No. SSB396907 BondpremiumIncl. in Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS That WHEREAS the City of Seal Beach, has awarded to Bond Blacktop, Inc . P.O. Box 616 7Tnign Ci tom, ('A 945R7 (Name and address of Contractor) ("Principal "), a contract (the "Contract") for the work described as follows: 2009 Annual Slurry Seal T0 Project, CIP# S911 _ WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW, THEREFORE, we, the undersigned Principal, and RLI Insurance Company 505 14th Street, Suite 1100 nakli� CA 94612 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Forty Nine Thousand Eight Hundred Seventeen & 00 /100s - -- Dollars (S 49,817.00 this amount being not less than fifty percent (50%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrates successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors,. administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise; this obligation shall become null and void. This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns iu any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this band, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof; have been duly executed by Principal and Surety, on the date set forth below, the Page D-46 03/23/2009 ION 11:11 FAX 510 4982 • II 0131013 name of each corporate party being hereto affixed and these presents duly signed by its undersigned represeniatrve(s) pursuant to authority of its governing body. Dated_ • ipar "Surety" Bond Blacktop, Inc. RLI Insurance Company By: Fl ant0 (t. By: ItEdward Dillon, President Its Erin Bautista, Attorney -in -Fact By By: Its Ds (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of • any person signing as attorney -in -fact must be attached. Page D-47 • • State of California County of Santa Clara ACKNOWLEDGMENT On March 23, 2009 before me, Jean L. Neu, Notary Public (insert name and title of the officer) personally appeared Erin Bautista who proved to me on the basis of satisfactory evidence to be the person(*) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that treishehtley executed the same in kis/her/their authorized capacitycie# and that by}t>iistherdthear signature(s) on the instrument the person(), or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. v JEAN L. NEU Commission # 1626520 i !: f •, Notary Public - Cc:itornia x! San Mateo County My Comm. Expires Dec 21,2009 (Seal) RLI Surcty P.O. Box 3967 1 Peoria, IL 616 2 -3967 Phonc: (800)645-2402 1 Fax: (309)689 -2036 www.rlicorp.com Know All Men by These Presents: POWER eF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: Bryan D. Martin. B.A. Poitevin. Bradley N. Wright. Carol Henry. Erin Bautista. Jean L. Neu. jointly or severally in the City of San Jose , State of California its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 24th day of February , 2009 . State of Illinois County of Peoria SS On this 24th day of February , 2009 , before me, a Notary Public, personally appeared Rov C. Die , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: Jac eline M. Bock dui "OFFICIAL SEAL" NCRARY e : JACQUELINE M. BOCKLER wrai COMMISSION EXPIRES 03/01/10 Notary Public RLI Insurance Company By: Roy C. Di-- Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have her u to set my hand and the seal of the,JIIJ,.I Insurance Company this rd day of arch u77 RLI Insurance Company By: 0465115030110 Roy C. Did' J ` Vice President A0059207 • • State of California County of Alameda ACKNOWLEDGMENT On March 23, 2009 before me, Kristin Ericson, Notary Public (insert name and title of the officer) personally appeared Edward Dillon who proved to me on the basis of satisfactory evidence to be the personfs) whose names isfefe subscribed to the within instrument and acknowledged to me that hefshetttrey executed the same in his /hertttreir authorized capacity (ies}, and that by hisiher/tfhelf-signature'(s) on the instrument the persoa(s), or the entity upon behalf of which the person(sj'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur ,_..1)LL (Seal) (KRISTIN ERICSON Commission # 1789009 Notary Public - California Alameda County MyComm. 143Sies.fan 18,2012 I; • • STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.15] [Public Contract Code § 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project govemed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non - responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of Page D -58 • 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.: 7 46432 Class: A Expiration Date: 02 / 28 / 10 Date: 03/23/09 Page D -59 • • AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ( "Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of Califomia 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 Califomia 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 Califomia 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 03/23/09 Signature Fcij&'rit& ASDL Page D -61 • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECT OR WORK: 2009 Annual Slurry Seal Proiect, CIP# ST0911. Indemnitor(s) (list all names): Edward Dillon, President To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees ") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities "), arising or claimed to arise, directly or indirectly, out of in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of in connection with, resulting from, or related to the above - referenced contract, agreement, license, or permit (the "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. " Indemnitor" Name Edward Dillon Name: By: . P .rx,,A � By: Its Presi. ent Its Page D -62 03/281,2009 MON 11 :10 FAX. 510 4.982 • F1010/013 Bond No. SSB396907 Bond Premium $ 5 3 8. 00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that WHEREAS the City of Seal Beach, has awarded Bond Blacktop, Inc . P.O. Box 616 • . • II (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: 2009 Annual Slurry Seal Project CIP# ST091 1 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 RL I 505 14th Street, Suite 110.0 Insurance Company f�akland,_ A ._94612 (Name and address of Surety) ( "Surety") a duly' admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Forty Nine Thousand Eight Hundred Seventeen•& 00/100s - -- Dollars ($ 4 9 , 817. 0 0 ), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. , THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, 'hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed there under, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications there under. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated.: "Principal° "Surety" Bond Blacktop, Inc. RLI Insurance Company Page D-43 03/23/2009 MON 11 :10 FAX 510 4982 By: By: 7. • By: Its its Erin Bautista, Attorney -in -Fact • Edward Dillon, President Its 13y: Its IA 011/013 (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. Page D-44 • • State of California County of Santa Clara ACKNOWLEDGMENT On March 23, 2009 before me, Jean L. Neu, Notary Public (insert name and title of the officer) personally appeared Erin Bautista who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/art subscribed to the within instrument and acknowledged to me that keishentey executed the same in ids/her/ k. authorized capacity(ies and that bylbidherit.Ineir signature(s) on the instrument the person(1), or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea Signatur JEAN L. NEU Commission # 1626528 <14,-; N0�cty Fl!!J!!C - California San Mateo County My Ccrnm. Expires Dec 21, 20090 (Seal) • • State of California County of Alameda ACKNOWLEDGMENT On March 23, 2009 before me, Kristin Ericson, Notary Public (insert name and title of the officer) personally appeared Edward Dillon who proved to me on the basis of satisfactory evidence to be the persons) whose name(s)-is /are subscribed to the within instrument and acknowledged to me that hefsfre{t:hey executed the same in hisihafitlieir authorized capacity(ies), and that by hisfher' their signatures) on the instrument the person(s)- or the entity upon behalf of which the person($ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 0 Signatur _ (Seal) KRISTIN ERICSON Commission # 1789089 Notary Public - California Alameda County Comm. Jan 18,2012 03/23/2009 NON 11 :11 FAX 510 44982 • I012/013 Bond No. SSB396907 Bond premium Inc1. in Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY TIESE PRESENTS that WHEREAS the City of Seal Beach, has awarded to Bond Blacktop, Inc . P.O. Box 616 • Tin; pn Ci ter CA 94r)R7 (Name and address of Contractor) ("Principal"), a contract (the "Contact") for the work described as follows: 2009 Annual Slurry Seal Project, CIP# ST091 1. WHEREAS. Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW, THEREFORE, we the undersigned Principal, and .RLI Insurance Company 505 14th Street, Suite 1100 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Forty Nine Thousand Eight Hundred Seventeen & 00/100s - -- Dollars ($ 49,817.00 this amount being not less than fifty percent (50%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our hens, executors, administrators, successors, and assigns, jointly and severally, frrmly.by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its hens, executors,, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amours required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract; the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise; this obligation shall become null and void. This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court, FURTHER, the Surety, for value received, hereby stipulates and vices that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contact or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the Page D-46 03/23/2009 MON 11 :11 FAX 510 44982 • I013/013 name of each corporate party being hereto affixed and these presents duly signed by its uudersigned representative(s) pursuant to authority of its governing body. Dated: `Principar "Swett'" Bond Blacktop, Inc. RLI Insurance Company By: FI L(YLiS l By B . I�Edward Dillon, President B y Y Its 'Erin !Bautista, Attorney -in -Fact Its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of • any person signing as attorney -in -fact must be attached. Page ) -47 • • State of California County of Santa Clara ACKNOWLEDGMENT on March 23, 2009 before me, Jean L. Neu, Notary Public (insert name and title of the officer) personally appeared Erin Bautista who proved to me on the basis of satisfactory evidence to be the personW whose name(s) is /ate subscribed to the within instrument and acknowledged to me that tireishe/tbay. executed the same in kis/her/their authorized capacity(esy, and that by)bistherittxetr signature(s) on the instrument the person(1), or the entity upon behalf of which the person(W acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r Signature (Seal) JEAN L. NEU V. Commission # 1626523 z I ( Notary Public - Cailforrla 71-51- San Mateo Courtly Il' My Comm. E:plres Dec 21, 2009 RLI Surety •P.O. Box 3967 1 Peoria, IL 616967 POWER lk ATTORNEY Phone: (800)645 -2402 I Fax: (309)689 -2036 www.rlicorp.com Know All Men by These Presents: RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: Bryan D. Martin. B.A. Poitevin. Bradley N. Wright. Carol Henry . Erin Bautista. Jean L. Neu jointly or severally in the City of San Jose , State of California its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attomey in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 24th day of February , 2009 . State of Illinois } SS County of Peoria On this 24th day of February , 2009 , before me, a Notary Public, personally appeared Roy C. Die , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: M 272. �::W•e-4'e.C. Jac eline M. Boc r ii/ "OFFICIAL SEAL" NCRARY RAW r. JACQUELINE M. BOCKLER STATEOF weq� COMMISSION EXPIRES 03/01/10 Notary Public RLI Insurance Company By: Roy C. Di Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have herc,untod mar my hand _and the seal of th9,RLI Insurance Company this . r day of arc u i RLI Insurance Company By: Roy C. D. Vice President 0465115030110 A0059207 • • State of California County of Alameda ACKNOWLEDGMENT On March 23, 2009 before me, Kristin Ericson, Notary Public (insert name and title of the officer) personally appeared Edward Dillon who proved to me on the basis of satisfactory evidence to be the person(s) whose names) isfafe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hishr/their authorized capacity(ies}, and that by his nheiF- signature'(s) on the instrument the personfs), or the entity upon behalf of which the personfsyacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur (Seal) KRISTIN ERICSON Commission # 1789089 Notary Public - California Alameda County ' Comm. idn 18,2012 • • STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.15] [Public Contract Code § 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non - responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of Page D -58 • • 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. , agency shall include a statement to that effect in the standard form of pre - qualification questionnaie 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.: 746432 Class: A Expiration Date: 02 / 28 / 10 Date: 03/23/09 Page D -59 • • AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ( "Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Date 03/23/09 Signature FAIAnAA, i)9L_ Page D -61 • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECT 01? WORK: 2009 Annual Slurry Seal Project, CIP# ST0911. Indemnitor(s) (list all names): Edward Dillon, President To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees ") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities "), arising or claimed to arise, directly or indirectly, out of in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of in connection with, resulting from, or related to the above - referenced contract, agreement, license, or permit (the "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. " Indemnitor" Name Edward Dillon By: Its Presi. ent Page D -62 Name: By: Its BONDBLACK ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) 3/23/2009 TYPE OF INSURANCE PRODUCER Commercial Lines - 831 - 431 -2300 Wells Fargo of California Insurance Services, Inc. 5615 Scotts Valley Drive Scotts Valley, CA 95066 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Bond Blacktop, Inc. P.O. Box 616 Union City, CA 94587 INSURER A: National Fire Insurance Company of Hartford 20478 INSURER B: Transportation Insurance Company 20494 INSURER c. Seabright Insurance Company 15563 INSURER D. DAMAGE TO RENTED INSURER E: ■■ COVERAGES 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. II:f.9:7�_7 ®� A 7.y� TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM DD/YY POLICY EXPIRATION D TE MM DD/YY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 2088538343 05/06/08 05/06/09 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED $ 300,000 ■■ CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 X PD Ded: 52,000 PERSONAL 8 ADV INJURY $ 1,000,000 ■ GENERAL AGGREGATE $ 2,000,000 GEN'L ■ AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG 5 2,000.000 POLICY X 578i ■ LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 2077702041 05/06/08 05/06/09 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ■ BODILY INJURY (Per person) $ ■ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) 5 GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT 5 ■ ■ OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS X /UMBRELLA LIABILITY 2077702055 05/06/08 05/06/09 EACH OCCURRENCE $ 9,000,000 OCCUR CLAIMS MADE AGGREGATE $ 9,000,000 ■ DEDUCTIBLE RETENTION $ 10,000 $ $ X $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below BB1081530 10/01/08 10/01/09 [� X ■mc�� "n�nn�■ ail E.L. EACH ACCIDENT $ 1,000,000 E L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS City of Seal Beach, it's officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or Agency officials shall be named as Additional Insured as respects General Liability per the attached endorsement form G- 140331 -A99 and as respects Auto Liability per the attached endorsement form CA20480299 with respect to Project: 2009 Annual Slurry Seal, CIP No. ST0911. *Cancellation clause is in force per the attached endorsement form G- 15115 -A" • CERTIFICATE HOLDER CANCELLATION en •ay O ice or On- ay City of Seal Beach City Engineer 211 8th Street, 2nd Floor Seal Beach, CA 90740 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL BNf RAXXM*IL 30 OB DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 6fd.R7FXXX ,N1B:XIMOMEOLIBIIIKK IIMODBMILKTIMUMBOISIMIMMMINXXIMUUMMAMMIRXX FOIMOMMMUMBM AUTHORIZED REPRESENTATIVE „ a ACORD 25 (2001108) 1 of 2 437624 O ACORD CORPORATION 1988 BONDBLACK DESCRIPTIONS (Continued from Page 1) *Primary Wording applies to General Liability and is included in the policy. ACORD 25 -S (7197) 437624 © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 2 #S915260/M915043 COMMERCIAL AUTO POLICY NUMBER: 2077702041 ISSUE DATE: - - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are " insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): City of Seal Beach City Engineer 211 8th Street, 2nd Floor Seal Beach, CA 90740 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an 'Insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. City of Seal Beach, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or Agency officials shall be named as Additional Insured as respects Auto Liability per the attached endorsement form CA20480299 with respect to Project: 2009 Annual Slurry Seal, CIP No. ST0911. *Cancellation clause is in force per the attached endorsement form G- 15115 -A* CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1