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2100 - Access Pacific Inc. - Rosemead Park Walking Trail Replacement Project (C20802), This page is part of your document - DO NOT DISCARD 20210132918 f � } I IIIIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII RECEIVED ♦ + Recorded/Filed in Official Records 017Y OF ROSEMEAD {� Recorder's Office, Los Angeles County, California JAN 2 8 2021 11 01/26/21 01/25/21 AT 12:05PM CITY CLERK'S OFF105 9Y• E118245 LEADSHEET 11111111111111111111111111111111111111111111111111111111111111111111111111111 202101252840012 00019735311 011703197 SEQ: 01 DAR imAuueNnuiwon�WMTHIS FORM IS NOT TO BE DUPLICATED �aanua i��u�W�u�omun�oau�uou� FEES: TAXES: OTHER: PAID Fri Pages: 0004 0.00 0.00 0.00 0.00 RECORDING REQUESTED BY CITY OF ROSEMEAD AND WHEN RECORDED MAIL TO: Name City of Rosemead Street Address 8838 E. Valley Blvd. City & State Rosemead, CA 91770 ATTN: CITY CLERK Notice is hereby given that: II�IN�N�19 7 N3531 1 ��Y Batch Number: @VlaMl SPACE ABOVE THIS LINE FOR RECORDER'S USE Notice of Completion 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is: City of Rosemead 3. The full address of the undersigned is: 8838 E. Valley Blvd., Rosemead, CA 91770 4. The nature of the title of the undersigned is: In fee (If other than fee, strike "In fee" and insert, for example, "purc aser under contract of purc ase", or " essee" 5. The full names and full addresses of all persons, if any, who hold title with the undersigned are: Names Addresses N/A N/A 6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to: Names Addresses N/A N/A no transfer made, insert, "none".) 7. A work of improvement on the property hereinafter described was completed on: December 3, 2020 8. The name of the contractor, if any for such work of improvement was: Access Pacific, Inc. 2835 Sierra Grande Street, Pasadena, Ca. 91107 9. The property on which said work of improvement was completed is in the City of Rosemead County of Los Angeles , State of California, and is described as follows: Rosemead Park Walking Trail Replacement Project 10. The street address of said property is: as listed in No. 9 no street a ress has been officially assigne , insert' none" Signature of owner named Dated: Z 2 in paragraph 2: Chris Daste Director of Public Works By: City of Rosemead I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date FIZZ/zI Rosemead, CA Place of Execution Chris Daste Director of Public Works City of Rosemead, California CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California o1p' County of vV1W } On �NNf11-1 h before me, ate Here Insert Name and Title of the Officer personally appeared Namelof who proved tome on the basis of satisfactory evidence to be the person( whose named is4w.0 subscribed to the within instrument and acknowledged to me that ham" exec ed the same irS histe" authorized capacityDp<a�nd that by hisMei/11iem, signatureXon the instrument the persona); or the entity upon behalf of which the personjyacted, executed the instrument. NATALIE HAWORTH Notary Public . California —� Los Angeles County f Commission #'2272060 My Comm. Expires Dec 20, 2022 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 0— Signature Signature o otary Public LFlidI J C rGl 11 Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docu ent Title or Type of Document: Document Date: If 12, Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer – Title(s): ❑ Partner – ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: Numbiler of Pages: Signer's Name: ❑ Corporate Officer – Title(s): ❑ Partner – ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: HIROO C 2017 National Notary Association QfbJ. E M F C2.0 8 0 a 5 O ` 9 , 11 Giv rc PRID'E,r ' 2.0 }, /NCORFORATED 199 CONSTRUCTION CONTRACT .N. _ E; Sj: I'AR � IILR aP . , fi I- , .J�''' ti r :,,,,R" 1 ifs lit 5A, 1I1('i I.1 )7 1. PARTIES AND DATE This Contract is made and entered into this 2-i t° day of p4 m her , 20 2z) (Effective Date) by and between the City of Rosemead, a municipal corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, ("City") and Access Pacific, Inc. with its principal place of business at 2835 Sierra Grande Street, Pasadena, Ca. 91107 (hereinafter referred to as "Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract. 2. RECITALS 2.1 Contractor Contractor desires to perform and assume responsibility for the Rosemead Park Walking Trail Replacement Project by the City on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing such work services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. 2.2 Project City desires to engage Contractor to render such services described herein as Project ("Project") as set forth in this Contract. 3. TERMS 3.1 Scope of Services and Term 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional construction services necessary for the Project("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be ACCESS PACIFIC, INC. Page 2 of 11 subject to, and performed in accordance with, this Contract,the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Contract shall be from Effective Date shown above to June 30, 2021 unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Contract if necessary to complete the Services. 3.2 Responsibilities of Contractor.. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Contract. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously, within the term of this Contract, and within the schedules timeline. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the Director of Public Works, Chris Daste, or his designee, to act as its representative for the performance of this Contract("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Tomas Torres, President, or his designee, to act as its representative for the performance of this Contract ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this ACCESS PACIFIC, INC. Page 3 of 11 Contract. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Contract. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Contract in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state aind federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for the duration of this Contract, insurance coverage as specified in Exhibit B attached to and part of this Contract. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services,the Contractor ACCESS PACIFIC, INC. Page 4 of 11 shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable"public works"or"maintenance"project, as defined by the Prevailing Wage Laws, and if the total compensation is$1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond: If specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10)days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement ACCESS PACIFIC, INC. Page 5 of 11 bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract(including,without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best's rating no less than A:Vlll and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. • 3.3.1 Compensation. The total compensation s - m e ,ceed hre? ou,., , : t FTQy- Uo a s ,nd c re n:‘s ithout advance written approval of City's project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and . manner set forth in this Contract. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement that indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days after receiving such statement, review the statement and pay all approved charges. The payments will be subject to a 5% retention amount, which would be released and paid after all work under the Contract has been satisfactorily completed, and 35 days after a Notice of Completion is filed with the County of Los Angeles. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Contract, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Contract. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. ACCESS PACIFIC, INC. Page 6 of 11 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Contract. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Contract. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Contract for a period of three (3) years from the date of final payment under this Contract. 3.5 General Provisions. 3.5.1 Termination of Contract. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor,terminate the whole or any part of this Contract at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Contract except for cause. 3.5.1.2 Effect of Termination. If this Contract is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Contract is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Contract shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: Access Pacific, Inc. 2835 Sierra Grande Street Pasadena, California 91107 Attn: Tomas Torres, President Tel: (626) 792-0616 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Chris Daste, Director of Public Works ACCESS PACIFIC, INC. Page 7 of 11 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Contract. 3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, 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, its directors, officials, officers, employees, agents or volunteers. 3.5.6 Entire Contract. This Contract contains the entire Contract of the parties with respect to the subject matter hereof, and supersedes all prior negotiations and understandings. This Contract may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Contract shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Contract. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Contract shall be binding on the successors and assigns of the parties. ACCESS PACIFIC, INC. Page 8 of 11 3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Contract or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Contract, the language of this Contract shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Contract. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Contract. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Contract. 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Contract shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppels, or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Contract it declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction,the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, ACCESS PACIFIC, INC. Page 9 of 11 all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that 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 agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Contract. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and bind each respective Party. 3.5.21 Counterparts. This Contract may be signed in counterparts,each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Contract, except as expressly stated herein,without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. [SIGNATURES ON NEXT PAGE] ACCESS PACIFIC, INC. Page 10 of 11 CITY OF ROSEMEAD ACCESS PACIFIC, INC. I \ 1 c L : Minutes of the Board of Directors Meeting Of Access Pacific, Inc. The annual meeting of the Board of Directors of Access Pacific,Inc. (the"Corporation")was held on January 2,2020, immediately following the annual meeting of the directors of the Corporation. There present at the meeting Tomas Torres/President,Secretary and Treasurer Being all the members of the Board of Directors It was moved,second and unanimously carried that Tomas Torres act as Temporary Chairperson and that Tomas Torres act as Temporary Secretary. The Chairperson presented to the meeting a copy of a Waiver of Notice of Meeting which all of the Directors of the Corporation had agreed to execute and advised that it was appropriate to authorize the execution and performance thereof by the Corporation. Upon motion duly made,seconded and unanimously carried, it was RESOLVED,that the chairman be requested to cause the same to be spread at length upon the minutes. The meeting then proceeded to AUTHORIZE FOLLOWING PERSONNELS TO SIGN ON ANY BID PROPOSAL or CONTRACTUAL DOCUMENTS ON BEHALF OF ACCESS PACIFIC, INC. until their successors are elected and qualify: President:Tomas Torres The President then presented and read minutes of the annual meeting of Directors of this Corporation,and the same were,on motion duly made,seconded and unanimously carried, in all respects ratified and adopted by this Board of Directors. There being no further business to come before the meeting, upon motion duly made.Seconded and unanimously carried,the meeting was adjourned. IN WITNESS WHEREOF, I have executed my name as Secretary and have hereunto affixed the corporate seal of the above name Corporation this 2nd day of January 2020. Dated:01/02/2020 Secretary (Seal) • Bond No.:CMGP00003571 Premium:$4,242.00 Executed in Three(3)Originals CITY OF ROSEMEAD ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT PROJECT No. 49007 PERFORMANCE BOND PERFORMANCE BOND WHEREAS the CITY OF ROSEMEAD (also herein "Obligee") has awarded to Access Pacific,Inc. (hereinafter"Contractor"), a contract for work consisting of but not limited to,furnishing all labor,materials,tools,equipment, services, and incidentals for the ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT and all other required structures and facilities within the rights-of-way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated (hereinafter the "Public Work Contract"); and WHEREAS,the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we Access Pacific,Inc. , the undersigned Contractor, as Principal, and Argonaut Insurance Company , a corporation organized and existing under the laws of the State of Illinois , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD in the sum of Three Hundred Seventy Four Thousand Two.Hundred Forty Two and 03/100 dollars, ($ 374,242.03 ), said sum being not less than 100% of the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment well and truly to be made,we bind ourselves,our heirs,executors and administrators,successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,that if the Principal,his 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 agreements in the said Public Work Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified,and in all respects according to theirintent and meaning; and shall faithfully fulfill the one-year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee,its officers and agents,as stipulated in the said Public Work Contract,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys'fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond,the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time,alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same shall in any way affect its PERFORMANCE BOND - 1 obligations on 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 Specifications. IN WITNESS WHEREOF,we have hereto set our hands and seals this 1st day on September , 2020 . • Access Pacific,Inc. Principal/Contractor BY: '{ocr[‘C "NneNc President Argonaut Insurance Company c/o CMGIA 20335 Ventura Blvd.,Ste 426 Woodland Hills,CA 91364 Surety By: Attorney-in-Fact,Stephanie Hope Shear The rate of premium on this bond is $11.33 per thousand. The total amount of premium charged, $ 4,242.00 (The above must be filled in by corporate surety.) PERFORMANCE BOND -2 STATE OF CALIFORNIA ) ss. COUNTY OF**See Attached") On this day of , in the year , before me, ,a Notary Public in and for said state,personally appeared ,known to me(or proved to be on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the (surety)and acknowledged to me that he subscribed the name of the (surety) thereto and his own name as Attorney-in-Fact. Notary Public in and for said State (SEAL). My Commission expires PERFORMANCE BOND -3 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as principal to the within bond;that who signed the said bond on behalf of the principal was then of said corporation;that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. PERFORMANCE BOND -4 COVID-19 PERFORMANCE BOND NOTICE RIDER This Rider is executed concurrently with and shall be attached to and form a part of Bond No.: CMGP00003571 WHEREAS, on or about the , day of ACCESS PACIFIC, INC. (hereinafter called the "Principal"), entered into a written agreement with City of Rosemead (hereinafter called the "Primary Obligee") for the construction of the Rosemead Park Walking Trail Replacement Project (hereinafter called the "Contract"); and WHEREAS, Principal and Argonaut Insurance Company(hereinafter referred to as "Surety") have agreed to execute and deliver this Rider in conjunction Bond No.: CMGP00003571 WHEREAS, the BOND has been required and/or requested by the OBLIGEE during a national epidemic or pandemic. In response, the federal, state, and local governments have issued stay-at-home and/or emergency orders in order to protect public health. WHEREAS,this RIDER is created, effective, and issued contemporaneously with the term of the BOND, and the SURETY and PRINCIPAL rely upon the effectiveness of this RIDER and the incorporation of its interpretation of the terms and obligations of the BOND at the beginning of its term as an inducement to its agreement of the terms and obligations of the BOND. WHEREAS, quarantine procedures have been issued by the appropriate governmental authorities in the interest of public health to reduce or prevent the epidemic or pandemic. WHEREAS, as the orders and actions of the government are ever-changing, no party can adequately predict how the Bonded Project may be affected. Accordingly, any delays, costs increases, labor shortages, availability of materials, or any other event hindering the performance of any party's contractual duties caused by or related to the epidemic or pandemic are unforeseen at the time of formation of the contract. The SURETY's bonded obligations under the BOND are clarified by this RIDER, or to the extent necessary, modified as follows: 1. In the event of any delays, cost increases, labor shortages, availability of materials, or any other event hindering the performance of any party's contractual duties caused by or related to any epidemic or pandemic,the SURETY agrees to cooperate with the PRINCIPAL and the OBLIGEE to assist with the completion of the contract COVID-19 PERFORMANCE BOND NOTICE RIDER and comply with any and all directives from federal, state, and local authorities to maintain to the public health. 2. The BOND has been issued during an epidemic or pandemic, butthe specific impacts, delays, defaults, or damages relating to the pandemic on the performance of the contract are unknown to the SURETY, OBLIGEE, and PRINCIPAL and are unforeseen at the time of formation of the BOND. 3. The SURETY agrees to assist all parties to mitigate any potential damages on the Project. The parties' duty to mitigate has not been abridged. The SURETY will comply with all federal, state, or local governmental guidance regarding the performance of the contract and the protection of public health and that of their employees. 4. If performance of the OBLIGEE's and/or the PRINCIPAL's obligations under the contract becomes impracticable as caused by or related to the effects of any epidemic or pandemic and/or related governmental orders, the SURETY's obligations hereunder are likewise deemed impracticable. Impracticability is defined as the existence of a fact or circumstance which makes the performance of the duty to be unfeasibly difficult or expensive. The standard for unfeasibility is whether performance is commercially unreasonable. 5. If the contracts, agreements, or other documents require notice from the PRINCIPAL and/or the SURETY regarding epidemic or pandemic related impacts on the Bonded Project, the OBLIGEE is deemed to have sufficient notice upon receipt of this RIDER. Except as herein modified, the Bond shall be and remains in full force and effect.- SIGNED AND DATED THIS 1st day of September , 2020 . Argonaut Insurance Company (SURETY) B.y. � Name: Steoha ie Hope Shear Title: Attorney-in-Fact COVID-19 PERFORMANCE BOND NOTICE RIDER ' Bond No.: CMGP00003571 Argonaut Insurance Company Premium: $4,242.00 Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company,a Corporation duly organized and existing undertthe laws of the State of Illinois and having its principal office in the County of Cook,Illinois does hereby nominate,constitute and appoint: 1+'� r•s- Gabriella Grady,Shilo Lee Losino,Stephanie Hope Shear.Elizabeth Santos,Stacey Garcia,.Matthew Dionisio .'Y Their true and lawful agent(s)and attorney(s)-in-fact,each in their separate capacity if more than one is named aliove,to_make,execute,seal and deliver for and on its behalf as surety,and as its act and deed any and all bonds,contracts,agreements of indemnity and other undertakings in suretyship provided, however,that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: , • $15,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following•Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice'President'Secretary,Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile_signature,which may be attested or acknowledged by any officer or attorney,of the Company,qualifying the attorney or attorneys named in'the give'n•power of attorney,to execute in behalf of,and acknowledge as the act and deed of the Argonaut Insurance Company,all bond undertakings and"contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 8th day of May,2017. ° = Argonaut Insurance Company ,••JC�G RaocFr, °'SEAL by: 1.02 1948 els, 7<t,No\s r Joshua C.Betz STATE OF TEXAS , Senior Vice President COUNTY OF HARRIS SS: �'' '4,n*..p'..,,,, — 1 On this 8th day of May,2017 A.D.,befge me,a Iotary Public of the State of Texas,in and for the County of Harris,duly commissioned and qualified, came THE ABOVE OFFICER OF'THE COMPANY,to me personally known to be the individual and officer described in,and who executed the preceding instrument,and he acknowledged the execution of same,and being by me duly sworn,deposed and said that he is the officer of the said Company aforesaid,and that the sealaffixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and his signature as officer weretdulyafPixed`and subscribed to the said instrument by the authority and direction of the said corporation,and that Resolution adopted by the Board of Directors of said Company,referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. KATHLEEN 1,4 MEEK,: Aei 411• p_,,.. NocaPublic,6,"ca of 7oxac = t v` *y E4p!,3,3 e;'-,c-2021 (Notary Public) Nocart ID 557902-9 I,the undersigned Officer of the Argonaut Insurance Company,Illinois Corporation,do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF,I have hereunto set my hand,and affixed the Seal of said Company,on the 1st day of September ,2020 • . .iiy.. Jam\;174:7R4•}Nc2 - • o SEAL rl% 1549 trims '••!�t.......• •. James Bluzard Vice President-Surety IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL(833)820-9137. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los Angeles ) On SEP 01 2020 before me, Lucas Malcolm-Shane Patterson, Notary Public , Date Here Insert Name and Title-of the Officer personally appeared Stephanie Hope Shear Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. w _ ---_--. ..�_.�---- WITNESS my hand and official seal. . ° LUCAS MALCOLM•SHANE PATTERSON lc *�� ,�L ; Notary Public California z ') Los Angeles County bSignature / /I'z ',�� Commission 2167243 Signature of Notary Public� 2020 My Comm.Expires Oct 9, �� Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑General ❑Partner — ❑Limited ❑ General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ' 00. � �v. = kv,v) --,a w.v sw wn.v^-K.,- v x-c. �a. .. ^_ ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 • Bond No.:CMGP00003571 Premium: Included in the Performance Bond Executed in Three(3)Originals CITY OF ROSEMEAD ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT PROJECT No. 49007 PAYMENT BOND PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ROSEMEAD (hereinafter "Obligee") has awarded to Access Pacific,Inc. (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials,tools, equipment, services, and incidentals for the ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT and all other required structures and facilities within the rights-of-way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated (hereinafter the "Public Work Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for or about the performance of the Work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of the California Civil Code,with respect to such work or labor,that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, we Access Pacific,Inc. , the undersigned Contractor, as Principal and Argonaut Insurance Company ,a corporation organized and existing under the laws of the State of Illinois and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Public Work to be done, and all persons performingwork or labor upon the same and all persons supplying both work and materials as aforesaid excepting the said Contractor, the sum of Three Hundred Seventy Four Thousand Two Hundred Forty Two and 031100 dollars, ($ 374,242.03 ), said sum being not less than 100%of the total amount payable by said Obligee under the terms of the said Public Work Contract,for which payment well and truly to be made,we bind ourselves,our heirs,executors and administrators,successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal,his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials,provisions,or other supplies or machinery used in,upon,for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted,withheld,and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor,and all other applicable laws of PAYMENT BOND - 1 the State of California and rules and regulations of its agencies,then said Surety will pay the same in or to an amount not exceeding the sum specified herein. Incase legal action is required to enforce the provisions of this bond,the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110,3111,3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on 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. IN WITNESS WHEREOF,we have hereto set our hands and seals this 1st day on September ,2020 . - , Access Pacific,Inc. „ - Principal/Contractor sq.-1 By: 'tOrrr-,., lorr[7c, President , Argonaut Insurance Company do CMGIA 20335 Ventura Blvd.,Ste 426 Woodland Hills,CA 91364 _ Surety By: _� — • e rney-in-Fact,Stephanie Hope Shear PAYMENT BOND -2 STATE OF CALIFORNIA ) COUNTY OF **See Attached**) ss. On this day of ,in the year .,before me, , a Notary Public in and for said state, personally appeared ,known tome(or proved to be on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the (surety) and acknowledged tome that he subscribed the name of the (surety)thereto and his own name as Attorney-in-Fact. Notary Public in and for said State (SEAL) My Commission Expires PAYMENT BOND 3 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as principal in the attached bond, that who signed the said bond on behalf of the principal was then of said corporation;that I know his signature, and his signature thereto is genuine;and that said bond was duly signed,sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. PAYMENT BOND 4 Gond No.: CMGP00003571 Argonaut Insurance Company Premium: $4,242.00 Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company,a Corporation duly organized and existing under The laws of the State of Illinois and having its principal office in the County of Cook,Illinois does hereby nominate,constitute and appoint: Gabriella Grady,Shilo Lee Losino,Stephanie Hope Shear.Elizabeth Santos,Stacey Garcia,,Matthew Diomsio y 4 Their true and lawful agent(s)and attorney(s)-in-fact,each in their separate capacity if more than one is named•above'to make,execute,seal and deliver for and on its behalf as surety,and as its act and deed any and all bonds,contracts,agreements of indemnity androther,undertakings in suretyship provided, however,that the penal sum of any one such instrument executed hereunder shall not exceed the sum of (,•'' `^‘,""5 115,000.000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following'Resolution adopted by the Board of Directors of Argonaut Insurance Company: r; 'RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice Pres+dent;'Secretary,Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the Company,qualifying the attorney or attorneys named in`fhe givenipower of attorney,to execute in behalf of,and acknowledge as the act and deed of the Argonaut Insurance Company,all bond undertakings and'contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Argonaut Insurance Company has caused itseettioialsbalto be hereunto affixed and these presents to be signed by its duly authorized officer on the 8th day of May,2017. }," •? 237 Argonaut Insurance Company J�\oo�oR4rF Fp �_� e ; cru:►7EAA.r'a5t by: 1948 i Y STATE OF TEXAS fie* " 'LLl... Joshua C.Betz., Senior Vice President COUNTY OF HARRIS SS: n On this 8th day of May,2017 A.D.,before me,a Notary Public of the State of'Texas,in and for the County of Harris,duly commissioned and qualified, came THE ABOVE OFFICER OF;THE COMPANY,to me personally known to be the individual and officer described in,and who executed the preceding instrument,and he acknowledged the execution of same,and being by me duly sworn,deposed and said that he is the officer of thesaid- Company aforesaid,and thatrtthe seal;affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and his signature as officer were'duly'affixed;and subscribed to the said instrument by the authority and direction of the said corporation,and that Resolution adopted by the Board of"Directors of said Company,referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written: 414Lla.txti t3 M1!_ER:e • �'�$ Q+,- r'6 o PuLf: 6e as t 7€,x.44 ,4;t Comm.Exn r "0"..15-2-4,21 (Notary Public) 1111 a,.ary Ip 6 412-8 I,the undersigned Officer of the Argonaut insurance Company,Illinois Corporation,do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full;true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF,I have hereunto set my hand,and affixed the Seal of said Company,on the 1St day of September ,2020 it(SitSEAL%a= d', 1948 :2a% 6 •'...1N.... t� James Bluzard, Vice President-Surety = a „} „ ...,.fit`; IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL(833)820-9137. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 at.&-twozQ • ./-..� .kG�r r. .<. caccl� c ^�rrloFx�Y�ci4FAa A notary public or other.officer completing this certificate verifies only the identity_of the individual who signed the document towhichthis certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los Angeles ) On SEP 0 1 2020 before me, Lucas Malcolm-Shane Patterson, Notary Public Date Here Insert.Name and Title of the Officer personally appeared . Stephanie Hope Shear Name(s)of Signer(s) who proved tome on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand official al.+ ' 611111 / LUCAS MALCOLM SHANEPATTERSON .% Notary Public-California �� • L.no) Los Angeles County Signature A� • Z `• .r Commission#2167243 - Signature of Notary Public. My Comm.Expires Oct 9,2020 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information'can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number. of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's_Name: 'Signer's Name: ❑Corporate Officer Title(s): El Corporate Officer — Title(s): ❑ Partner — ❑Limited . ❑General ❑.Partner — 0 Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee El Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: L N.S1,JGi �4 .4L:..G\% ..�•�5..y�,u4�.i .� - ✓G,✓ t�GevG✓G.err.•'r/<\� �G✓ _ii ev4'yb\�L'tii.'✓G`.G_!G\:.G'✓i.':vG'.v'ti� ©2014 National Notary Association•www.NationalNotary.org •1-800-US NOTARY(1-800-876-6827) Item#5907. ACCESS PACIFIC, INC. EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL I BIDDER: Access Pacific.Inc. CITY OF 4' OSEMEAD ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT PROJECT No. 49007 I SECTION I-BID SCHEDULE CONTRACT BID FORMS CBF- 1 • BIDDER: Access Pacific.Inc. BID SCHEDULE SCHEDULE OF PRICES FOR ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT PROJECT No.49007 NO. ITEM DESCRIPTION UNIT EST. UNIT ITEM QTY. PRICE COST Mobilization,Demobilization,and LS 1 Miscellaneous Items of Work(Not 1 $17,500 $ 17,500 to Exceed 5%of Bid Items 2 119 through 8) 2 Clearing, Grubbing, and LS 1 $ 18,750 $ 18,750 Miscellaneous Removals Work Area Protection (Includes LS 1 k 3 $25,000 $ 26,000 Notification,Fencing,and Security) Demolition, Hauling, and Proper LS 1 4 Disposal of Existing Synthetic $31,350 $ 31.350 Surface Demolition, Hauling, Proper SF 10 5 Disposal, and Reconstruction of $ 525 $5,260 Existing Concrete Header Subbase Preparation SF 18,156 6 $ 1.88 $34,042.50 Base Layer CY 587 $1.115 $66.700 8 Wear Layer CY 29 $6,123.75 $ 177,688.76 TOTAL BID AMOUNT IN NUMBERS $ 376,181.25 TOTAL BID AMOUNT IN WORDS: three hundred seventy-six thousand one hundred eighty-one and twenty five cents Note:The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications,to stay within the budgeted amount of this project. CBF-2 i BIDDER: Access Pacific,Inc. I If the Bid Documents specify alternate bid items,the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above.The owner can choose to include one or more of the alternates in the Total Bid Price of the Project.If any of the Alternate Bids are utilized by the Owner,the resulting amount shall be considered the Total Bid Price for the Project. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date,or until a Contract for the Work is fully executed by the Owner and a third party,whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price,the written amount shall govern. Attached hereto is a certified check, a cashier's check or a Qd bon)in the amount of thirty-seven thousand six hundred eighteenDollars($ 37,698.12 )said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award,we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract,the undersigned agrees to execute the formal Contract,which will be prepared by the Owner for execution,within five(5)Calendar Days following the Letter of Award for the Contract,and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted,it will assign to the purchasing body 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. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom;and(3)any other information and documentation,financial or otherwise,needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars ',500.00 •er ca endar da if.ro'ect is not corn•leted in e t 21 worki days.The Contract Time will begin to run ten(10)Working Days from the date of the Notice of proceed and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder CBF-3 f l I i BIDDER:Access Pacific.Inc. further acknowledges that the Owner may,at its discretion,incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. Q • The Bidder understands and agrees that the Total Bid Price is inclusive of all labor,materials,and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF-4 BIDDER: Access Pacific,Inc. By: A 4 [..m._ 9RRR Rierra Grande Rt Signature Business Street Address Tomas Torres Pasadena,CA 91107 Type or Print Name City,State and Zip Code President (696)799-Oafs Title Telephone Number Bidder's/Contractor's State of Incorporation: California Partners or Joint Venturers: Bidder's License Number(s): 930437 Department Industrial Relations Registered No. 1000005406 NOTES: 1) By its signature on this Bid,the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation,enter State Of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders,Bidder will be required to provide evidence that the person signing on behalf of the corporation,partnership or joint venture has the authority to do so. CBF-5 Minutes of the Board of Directors Meeting Of Access Pacific,Inc. The annual meeting of the Board of Directors of Access Pacific,Inc.(the"Corporation")was held on January 2,2020, Immediately following the annual meeting of the directors of the Corporation. There present at the meeting Tomas Torres/President,Secretary and Treasurer Being all the members of the Board of Directors It was moved,second and unanimously carried that Tomas Torres act as Temporary Chairperson and that Tomas Torres act as Temporary Secretary. The Chairperson presented to the meeting a copy of a Waiver of Notice of Meeting which all of the Directors of the Corporation had agreed to execute and advised that it was appropriate to authorize the execution and performance thereof by the Corporation.Upon motion duly made,seconded and unanimously carried,it was RESOLVED,that the chairman be requested to cause the same to be spread at length upon the minutes. The meeting then proceeded to AUTHORIZE FOLLOWING PERSONNELS TO SIGN ON ANY BID PROPOSAL or CONTRACTUAL DOCUMENTS ON BEHALF OF ACCESS PACIFIC,INC.until their successors are elected and qualify: + f President:Tomas Torres !' The President then presented and read minutes of the annual meeting of Directors of this Corporation,and the same were,on motion duly made,seconded and unanimously carried,in all respects ratified and adopted by this Board of Directors. � f There being no further business to come before the meeting,upon motion duly made.Seconded and unanimously carried,the meeting was adjourned. IN WITNESS WHEREOF,I have executed my name as Secretary and have hereunto affixed the corporate seal of the above name Corporation this 2"d day of January 2020. Dated:01/02/2020 Secretary (Seal) i I { BIDDER: Access Pacific.Inc. • SECTION 2 BID DATA FORMS • II . I CBF-6 1 Bond No.:CMG8000T686 BIDDER: Access Pacific,Inc. Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number, 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT Access Pacific,Inc. ,as Principal, and Argonaut Insurance Company , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ton Percent of their Greatest Amount Bid DOLLARS ($ 9a%of G.A.B. ),being not less than ten percent(10%)of the Total Bid Price;for the payment of which sum will and truly to be made,we bind ourselves, our heirs,executors, administrators,successors,and assigns,jointly and severally, firmly by these presents. WHEREAS,said Principal has submitted a bid to the OWNER to perform all Work required for the ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT —as set forth in the Notice Inviting Bids and accompanying Bid Documents,dated June 2,2020 NOW,THEREFORE,if said Principal is awarded a Contract for the Work by the OWNER and,within the time and in the manner required by the above-referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents,furnishes the required bonds(one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered,said Surety shall pay all costs incurred by the OWNER in such suit,including reasonable attorneys'fees to be fixed by the court. SIGNED AND SEALED,this 20th day of May , 202o . Access Pacific,Inc. (SEAL) Ar onau_insurance Cosh•an • (SEAL) Principal Suret it SI ria ure ''S-014C5) Si: atureStephanie Hops Shear,Attorneydn•Fact Qr>`r. . CBF-7 *do CMOIA 20336 Ventura Blvd.,Ste 426 Woodland Hills,CA 01364 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE NY U d 3 3 0 SAN FRANCISCO Amended Certificate of Authority THIS IS To CERTIFY THAT;Pursuant to the insurance Code erne State nl'Cali/Maim t � Argonaut Insurance Company of Illinois ,mgmtzedUMW the laws of Illinois ,subject la its Articler of Ii►rmpo►•talon ru• other ftu►chrme.mal organizational documents,lc hereby authorized to transact within the Slate,subject to all prmdsionstfthisCrrt(Jicate.the frrllu►ringclasses rfiasurmrce: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous as such classes me now or mar hereafter he defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned apt»,the holder hereof now aud bawdier ier belag in full compliance with all.and not in violation nl'a»y.ofthe applicable laws and lanf d►rqubt►aeuus made under ruuNmrDy of the/ins of dee State of California as twig as such/acts or requirements me in e,,Oi'c f and applicable.and as such laws and niquirrmeiis now er,or may hereafter be clanged or amended IN WITNESS WHEREOF,e,Qrctft'e as of the day w,1 December _W, 2006 !have l►ereunre set my hand and caused my official seal to be aged this 13th day t f December • _2006 30 f ij,lr,t If y a'S'l . la • - John Caramendi By /----42P411t7, 4 i•`:,' '1 ! ,,, Patricia K. Staggs f S i for Richard D. Baum m xa tx I { sl'L ' Chief Deputy NO't`i .: Qualification with the Secretary of Stnhi owl he nmimplished lu requited by the California C urpnmdnns Cyte pnimptly tiller heiunnee or thin Certificate of Authority.More to dont will hen vinlnlitn of Ineuratwe Code Scethm 701 and will he grounds for n okbal thin Certificate orAutharity Noonan in the couvemmtx nnute in the npplicnlinn Ibercror out the conditions contained belch). Ml Me11d S•.OIM1n1:IP3P1 I ' Bond No.: CM0B0007595 Argonaut Insurance Company Premium: $0.00 Deliveries Only: 225 W.Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut insurance Company,a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook,Illinois does hereby nominate,constitute and appoint: Gabrielle Grady.Shite Lee Loaino.Stanhanie Hone Shear.Elizabeth Santos.Latonva Taylor:Stacey Garcia • II Their true and IawM agent(s)and a ttorney(s),In•fact,each in their separate capacity if more than one is named above,to make,execute,seal and deliver for and on its behalf as surety,end as its act end deed any and all bonds,contracts,agreements of indemnity and otherundertakings in suretyship provided, however,that the penal suns of any one such instrument executed hereunder shall not exceed the sum oft ;13.000.000.00 This Power of Attorney is granted and is signed and scaled under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED,That the President,Senior Vico President,Vice President,Assistant Vice Preeldent,Secretary,Treasurer and each of them hereby la authorized to execute powers of attorney,end such authority can be executed by use offepahnile signature,which may be attested or acknowledged by any officer or attorney,of the Company,qualifying the attorney or attorneys named in the given power of attorney,to execute in babel fof,and acknowledge as the act and deed of the Argonaut Insurance Company,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." • IN WITNESS WHEREOF,Argonaut Insurance Company has caused its offiolal:seil to be hereunto affixed and these presents to be signed by its duly authorized officer on the 8th day of May,2017. y„iiiiill,;;�� Argonaut Insurance Company URgly •i,. ............ AL ! by: ��•.._-�- � r y quxoi!• ,f. •��i, * Cpl'' Joshua C.Beta,Senior Vice President u!!!pQ'•' STATE OF TEXAS . • • COUNTY OF HARRIS SS: . On thiss 8th day of May,2017 A.D.,befbre ma.a Notary Public of the Slate of Texas,in and for the County of Harris,duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY,to mo personally known to be the individual and officer described in,and who executed the preceding instrument,and ho acknowledged the execution of seine,and being by me duly sworn,deposed and said that he is the officer of the said Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and his signature as officer were duly rifflxed rind subscribed to the said instrument by the authority and direction of the said corporation,and that Resolution adopted by the Board ofDireotgrs of said Company,referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF,i have hereunto sot my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. • aia •`il"Ir •• Y.ATFILHEN f t.hiFEK6” —'`"' t � � ;6,.;,14,.;;r•mm.;P e";'.u olac'i inxea ale Public) l<.�1�i COM..E+p;rnr(.2"'n-vur (Notary 'isI',i:•` *merry II)O47002.'J 1,the undersigned Officer ofthe Argonaut Insurance Company,Illinois Corporation,do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a fill,true and correct copy is still In BM force and effect and has not been revoked. IN WITNESS WHEREOF,I have hereunto set my hand,and affixed the Seal of said Company,on the 29th day of May ,2020 . 4"100:14," � ,iimIif,41 ,RAN ' • (SEA9111; ,ass . �,r' James Bluzard,Vice President-Surety 1'pr!q, nq$�, THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEY ARE IN BLUE. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THiS DOCUMENT CALL(210)321-8400. j . j i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 fir..r- / ... ✓ iN1r...l'fr.H..{.).' i .ova._>..�.-o..qr.(:A si:.o.. ., .. .. r. .. ,yJ. 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 ) On 2 9 2 2U before me, SHILO LEE LOSiNO, NOTARY PUBLIC , Date Here Insert Name and Title of the Officer personally appeared STEPHANIE HOPE SHEAR Name(s)of Signer(s) • who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(les),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf'of which the person(s)acted,executed the instrument. i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and co :ct it ri v. S, NILO LEE LOSING WITNESS my = •,=nd official seal. ry Notary Public•California Los/moles County X MSignature ..ri Commission q 2259919 .44 My comm.Expires Oct 24,2022Signature of Notary Public 1 Place Notary Seal Above OPTIONAL Though this section is optional,completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(les)Claimed by Signer(e) Signer's Name: Signer's Name: ❑Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑Partner— 0 Limited 0 General 0 Partner— 0 Limited 0 General ❑Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑Other: 0 Other; Signer is Representing: Signer Is Representing: 02014 National Notary Association•www.NatlonalNotary.org•1-800-US NOTARY(1-800.876-8827) Item#5907 BIDDER:Access Pacific,Inc. 2.B LIST OF PROPOSED SUBCONTRACTORS In compliance with the"Subletting and Subcontracting Fair Practices Act,"Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto,each Bidder shall provide the information requested below for each subcontractor who will perform work,labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent(greater than 0.5%)of the Bidder's Total Bid Price,or,in the case of bids or offers for the construction of streets or highways,including bridges,in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000),whichever is greater,and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104,the Owner has determined that it will allow Bidders twenty-four(24)additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor,other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract,it shall be deemed to have agreed to perform such portion itself,and sha not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%)of the Total Bid Price or,in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars($10,000),whichever is greater,for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity,and then only after Owner approval. f1 • CBF-8 1 • ' I BIDDER:Acnnsc Pa.Iftc,Ina" 2.B LIST OF PROPOSED SUBCONTRACTORS(continued) [**Duplicate Next 2 Pages if needed for listing additional subcontractors.**] Name and Location Description of Work of Subcontractor to be Subcontracted Rubber Surfaces Name: SPECTRATURF Address:555 S PROMENDE AVE#103 CORONA,CA 92879 License No.: 854429 Department of Industrial Relation Registration No. 1000002615 Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. CBF-9 BIDDER: Access Pacific,Inc. 2.0 REFERENCES The following are the names,addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two(2)years: Port of Long Beach.415 W.Ocean Blvd.,Long Beach,CA 90802 Name and Address of Owner Raymond S.Chua-(562)283-7259 Name and telephone number of person familiar with project $1,900,000 pedestrian and bike paths 01/2020 Contract amount • Type of Work Date Completed 2. • Conejo Recreation&Park District 403 W Hillcrest Drive,Thousand Oaks,CA 91360 Name and Address of Owner Andrew Mooney-(805)495-6471 Name and telephone number of person familiar with project • • $6,822,237.87 New trails,play structures 08/2018 . Contract amount Type of Work Date Completed 3. Norwalk-La Mirada Unified School District 12820 Pioneer Blvd.Norwalk,CA 90650 Name and Address of Owner Juan Bermudez-(213)670-3012 Name and telephone number of person familiar with project $7,194,011.14 installation of new synthetic track, 08/2019 Contract amount Type of Work Date Completed CBF-10 ` 1 BIDDER:Access Pacific.Inc. 4. City of Pasadena Department of Public Works 100 N.Garfield Ave.Pasadena,CA 91101 Name and Address of Owner Jeff Khun ((626)744-7389 Name and telephone number of person familiar with project $994,000.00 Area H Perimeter Improvements 0812018 Contract amount Type of Work Date Completed • � I II CBF- 11 BIDDER: Accass_Panlffr, Inc. i • • SECTION 3 NON-COLLUSIONAFFIDAVIT 1 CBF-12 i f ji ' I I BIDDER:Access Pacific.Inc. NON-COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106,the undersigned, being first duly sworn,deposes and says that he or she holds the position listed below with the bidder,the party making the foregoing bid,that the bid is not made in the interest of,or on behalf of, any undisclosed person,partnership,company,association,organization,or corporation;that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid,and has not directly or indirectly colluded,conspired,connived,or agreed with any bidder or anyone else to put in a sham bid,or that anyone shall refrain from bidding;that the bidder has not in any manner, directly or indirectly,sought by agreement,communication,or conference with anyone to fix the bid price of the bidder or any other bidder,or to fix any overhead,profit,Or cost element of the bid price,or of that of any other bidder,or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements I. contained in the bid are true; and,further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,or the contents thereof,or divulged information or data relative thereto, or paid, and will not pay,any fee to any corporation, partnership,company association,organization,bid depository,or to any member or agent thereof to effectuate a collusive or sham bid. • Sig atur Tomas Torres Typed or Printed Name PraskiAnt Title Access Pacific,Inc. Bidder Subscribed a sworn before me This day of ~`^ ,21 ~'! (Seal) Notary Public in and fo the State of Ca ifa Myr, mmission Expires: 1!e CBF-13 ! j I CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE§8202 SifirW3ctFWtl'45iFC.RC ar..ttrIWZM..ER(W2z5c2��`Z AiacKr�it+ 215 .i*c. tta r taeZt ®See Attached Document(Notary to cross out lines 1-6 below) 0 See Statement Below(Lines 1-6 to be completed only by document signer[s],not Notary) Signature of Document Signer No. 1 Signature of Document Signer No.2(If any) 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 Subscribed and sworn to (or affirrmed) before me County of Los Angeles on this 1st day of June , 20 20 by Date Month Year (1) Tomas Torres (and (2) ), ..r..f•..r., V LIK. I Name(s)of Signer(s) .1,.�» VASp.IKULOfOV � fr��M1;; NoisyPubh-Cellbtnia 4 / to a�gotncouay proved to me on the basis of satisfactory evidence ` i Las `',,, to be the person(s) who appeared before me. My Comm.Expires Deo 18,2021 7 ( —. • Signature 6 -1 1 ../F-- � Signature oublic Seal Place Notary Seal Above OPTIONAL Though this section Is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Dooument Title or Type of Document: Non-Collusion Affidavit Document Date: 06/01/2020 Number of Pages: 1 8igner(s)Other Than Named Above: .G:evG PNG\fiD'+D<+'.vp.n•GC^...... 'D-......v............ \.... ..v..NG. . •lD:N4•.,'i'Ni.....1G-G"P..G..i.....i..........Y-•i ....,..... i 02014 National Notary Association.www.NationalNotary.org.1-800-US NOTARY(1-800.876-6827) Item 115910 ACCESS PACIFIC, INC. EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor 's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Excess or Umbrella Liability Insurance. (Over Primary) Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: ACCESS PACIFIC, INC. • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Builder's risk insurance. Upon commencement of construction and with approval of Agency, Contractor shall obtain and maintain builder's risk insurance for the entire duration of the Project until only the Agency has an insurable interest. The Builder's Risk coverage shall include the coverages as specified below. The named insureds shall be Contractor and Agency, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to Agency. The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the Agency. The Agency will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3)coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A-or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insurer under such policies ACCESS PACIFIC, INC. using standard ISO endorsement No. CG 2010. . Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Contract shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverage required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over"claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverage required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Contract. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Contract and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. ACCESS PACIFIC, INC. 9. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10.Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all Contracts with subcontractors and others engaged in the project will be submitted to City for review. 11.Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Contract to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12.The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13.For purposes of applying insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Contract. 14.Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15.Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16.Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies ACCESS PACIFIC, INC. providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverage. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this Contract. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18.Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this Contract and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21.Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Contract. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. DATE(MMIDDIYYYY) A`� • CERTIFICATE OF LIABILITY INSURANCE 09/17/2020 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 Megan Hike NAME: Foundation Risk Partners dba Millennium Risk Mgmt&Ins Services (PAHCNN ExtI. (818)844-4118 FAX No): (949)679-7240 License#0M93299 E-MAIL MHilke@mcsins.com ADDRESS: 550 N Brand Blvd#1100 INSURER(S)AFFORDING COVERAGE NAIC# Glendale,CA 91203 INSURER A:.Mt Hawley Insurance Company 37974 INSURED INSURER B: Travelers P&C Company of America 25674 Access Pacific IncINSURER c: Continental Insurance Company 35289 2835 Sierra Grande St INSURER D: • Pasadena,CA 91107 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 20-21 GL AU XS WC IF REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L SPOLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSDWVD POLICY NUMBER (MM/DDlYYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ' DAMAGE TO CLAIMS-MADE n OCCUR PREMISES(Ea occurrence) $ 50,000 X $0 Deductible ' MED EXP(Any one person) $ 5,000 A Y MGL0192680 07/01/2020 07/01/2021PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY n PRO- n 2,000,000 JECT LOC PRODUCTS _$ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 _ (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y BA-1R146956-20 07/01/2020 07/01/2021 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per accident) $ _ X No Liab Ded $ UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 10,000,000 B X EXCESS LIAB CLAIMS-MADE ZUP-71M99519-20-NF 07/01/2020 07/01/2021 AGGREGATE $ 10,000,000 DED X RETENTION$ 0 Excess over GL,AL,EL $ WORKERS COMPENSATION X STATUTE ERH AND EMPLOYERS'LIABILITY Y/N1,000,000 B AN Y PROPRIETOR/PARTNER/EXECUTIVE n N/A Y UB-1R146378-20 07/01/2020 07/01/2021 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Installation Floater Installation Floater Limit 500,000 C 6018415162 07/01/2020 07/01/2021 Deductible 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) • Re:Rosemead Park Walking Trail replacement project#49007 City of Rosemead and all persons and/or organizations,where required by written contract,are named as additional insured for General Liability for ongoing &completed ops per forms CG2010&CG2037,with primary wording per form CG2001;Auto addl insured with waiver per form CAT353;and WC waiver per form WC990376 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Rosemead ACCORDANCE WITH THE POLICY PROVISIONS. 8838 E Valley Blvd AUTHORIZED REPRESENTATIVE �� Rosemead CA 91770 ��/��v,'G'h,1/ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: MGL0192680 Mt. Hawley Insurance Company 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) Location and Description of or Organization(s) Completed Operations All persons or organizations where required All "Commercial Construction Projects". For by a written contract executed prior to the the purpose of this Endorsement, "Commercial commencement of your work. Construction-Projects"are defined as buildings or structures constructed for commercial use and also include apartments, hotels, homes for the aged, dormitories or barracks. However, "Commercial Construction Projects"shall not include any,building or structure which, in whole or in part,contains individual owner occupied units or dwellings. 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 Section organization(s) shown in the Schedule, but only with III—Limits Of Insurance: respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the If coverage provided to the additional insured is re- location designated and described in the Schedule of quired by a contract or agreement, the most we will this endorsement performed for that additional insured pay on behalf of the additional insured is the amount and included in the "products-completed operations of insurance: hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable Limits of Insurance 1. The insurance afforded to such additional insured shown in the Declarations; only applies to the extent permitted by law; and whichever is less. 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- This endorsement shall not increase the applicable ance afforded to such additional insured will not Limits of Insurance shown in the Declarations. 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 Insured Policy Number: MGL0192680 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations: All persons or organizations where required All Locations by a written contract executed prior to the commencement of your work. 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 in- not be broader than that which you are required clude as an additional insured the person(s) or organi- by the contract or agreement to.provide for such zation(s) shown in the Schedule, but only with respect additional insured. to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or B. With respect to the insurance afforded to these in part, by: additional insureds, the following additional exclusions apply: 1. Your acts or omissions; or This insurance does not apply to "bodily injury" or 2. The acts or omissions of those acting on your "property damage"occurring after: behalf; 1. All work, including materials, parts or equipment in the performance of your ongoing operations for the furnished in connection with such work, on the additional insured(s) at the location(s) designated project (other than service, maintenance or re- above. pairs)to be performed by or on behalf of the addi- tional insured(s) at the location of the covered However: operations has been completed; or 1. The insurance afforded to such additional insured 2. That portion of"your work" out of which the injury only applies to the extent permitted by law; and or damage arises has been put to its intended use by any person or organization other than another 2. If coverage provided to,the additional insured is contractor or subcontractor engaged in performing required by a contract or agreement, the in- operations for a principal as a part of the same surance afforded to such additional insured will project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 Insured C. With respect to the insurance afforded to these 2. Available under the applicable Limits of Insurance additional insureds, the following is added to Section shown in the Declarations; III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is required by a contract or agreement, the most we will This endorsement shall not increase the applicable pay on behalf of the additional insured is the amount Limits of Insurance shown in the Declarations. of insurance: 1. Required by the contract or agreement; or CG 20 10 04 13 . ©Insurance.Services Office, Inc., 2012 Page 2 of 2 Insured Policy Number: MGL0192680 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition (2) You have agreed in writing in a contract or agree- and supersedes any provision to the contrary: ment that this insurance would be primary and would not seek contribution from any other in- Primary And Noncontributory Insurance surance available to the additional insured. This insurance is primary to and will not seek con- tributionfrom any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 Insured Policy#BA-1R146956-20 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT 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. GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE— LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION C. EMPLOYEE HIRED AUTO EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL EFFECTS E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE LOSS COVERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G.WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS,OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED as an additional insured for Liability Coverage, The following is added to Paragraph A.1., Who Is but only for damages to which this insurance An Insured, of SECTION II — LIABILITY applies and only to the extent of that person's or COVERAGE: organization's liability for the conduct of another "insured". Any organization you newly acquire or form during the policy period over which you maintain C. EMPLOYEE HIRED AUTO 50% or more ownership interest and that is not 1. The following is added to Paragraph A.1., separately insured for Business Auto Coverage. Who Is An Insured, of SECTION II — Coverage under this provision is afforded only LIABILITY COVERAGE: until the 180th day after you acquire or form the An "employee" of yours is an "insured" while organization or the end of the policy period, whichever is earlier. operating an "auto" hired or rented under a B. BLANKET ADDITIONAL INSURED contract or agreement in that "employee's" name, with your permission, while performing The following is added to Paragraph c. in AA., duties related to the conduct of your Who Is An Insured, of SECTION II — LIABILITY business. COVERAGE: 2. The following replaces Paragraph b. in B.5., This includes any person or organization who you Other Insurance, of SECTION IV — are required under a written contract or BUSINESS AUTO CONDITIONS: agreement between you and that person or b. For Hired Auto Physical Damage organization, that is signed by you before the "bodily injury" or "property damage" occurs and Coverage,the following are deemed to be that is in effect during the policy period, to name covered "autos"you own: CA T3 53 08 17 ©2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc.with its permission COMMERCIAL AUTO (1) Any covered "auto" you lease, hire, liability company) or members of their rent or borrow; and households. (2) Any covered "auto" hired or rented by (1) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while of the United States of America, Puerto performing duties related to the Rico and Canada: - conduct of your business. (a) You must arrange to defend the However, any"auto"that is leased, hired, "insured" against, and investigate or rented or borrowed with a driver is not a settle any such claim or "suit" and covered "auto". keep us advised of all proceedings D. EMPLOYEES AS INSURED and actions. The following is added to Paragraph A.1., Who Is (b) Neither you nor any other involved An Insured, of SECTION II — LIABILITY "insured" will make any settlement COVERAGE: without our consent. Any "employee" of yours is an "insured" while (c) We may, at our discretion., participate using a covered "auto" you don't own, hire or in defending the "insured" against, or borrow in your business or your personal affairs. in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS — INCREASED "suit". LIMITS . (d) We will reimburse the"insured": 1. The following replaces Paragraph A.2.a.(2), (i) For sums that the "insured" of SECTION II—LIABILITY COVERAGE: legally must pay as damages (2) Up to $3,000 for cost of bail bonds because of "bodily injury" or (including bonds for related traffic law pruperty damage" to which this insurance applies, that the violations) required because of an "insured" pays with our consent, "accident" we cover. We do not have to but only up to the limit described furnish these bonds. in Paragraph C., Limit Of 2. The following replaces Paragraph A.2.a.(4), Insurance, of SECTION II — of SECTION II—LIABILITY COVERAGE: LIABILITY COVERAGE; (4) All reasonable expenses incurred by the (ii) For the reasonable expenses "insured" at our request, including actual incurred with our consent for your loss of earnings up to $500 a day investigation of such claims and because of time off from work. your defense of the "insured" F. HIRED AUTO — LIMITED WORLDWIDE against any such "suit", but only COVERAGE—INDEMNITY BASIS up to and included within the limit The following replaces Subparagraph e. in described in Paragraph C., Limit Paragraph B.7., Policy Term, Coverage Of Insurance, of SECTION II — Territory, of SECTION IV — BUSINESS AUTO LIABILITY COVERAGE, and not CONDITIONS: in addition to such limit. Our duty e. Anywhere in the world, except any country or to make such payments ends jurisdiction while any trade sanction, when we have used up the embargo, or similar regulation imposed by the applicable limit of insurance in United States of America applies to and payments for damages, prohibits the transaction of business with or settlements or defense expenses. within such country or jurisdiction, for Liability (2) This insurance is excess over any valid Coverage for any covered "auto" that you and collectible other insurance available lease, hire, rent or borrow without a driver for to the "insured" whether primary, excess a period of 30 days or less and that is not an contingent or on any other basis. "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are (3) This insurance is not a substitute for a partnership), members (if you are a limited required or compulsory insurance in any country outside the United States, its Page 2 of 4 ©2016.The Travelers Indemnity Company.All rights reserved. CA T3 53 08 17 Includes copyrighted material of Insurance Services Office,Inc.with its permission COMMERCIAL AUTO territories and possessions, Puerto Rico Personal Effects and Canada. We will pay up to $400 for. "loss" to wearing You agree to maintain all required or apparel and other personal effects which are: compulsory insurance in any such (1) Owned by an"insured"; and country up to the minimum limits required by local law. Your failure to comply with (2) In or on your covered"auto". compulsory insurance requirements will This coverage applies only in the event of a total not invalidate the coverage afforded by theft of your covered"auto this policy, but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you complied with the compulsory insurance requirements. K. AIRBAGS (4) It is understood that we are not an The following is added to Paragraph B.3., admitted or authorized insurer outside the Exclusions, of SECTION III — PHYSICAL United States of America, its territories DAMAGE COVERAGE: and possessions, Puerto Rico and Exclusion 3.a. does not apply to "loss" to one or Canada. We assume no responsibility for more airbags in a covered "auto" you own that the furnishing of certificates of insurance, inflate due to a cause other than a cause of"loss" or for compliance in any way with the set forth in Paragraphs A.1.b. and A.1.c., but laws of other countries relating. to only: insurance. G. WAIVER OF DEDUCTIBLE—GLASS a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy; The following is added to Paragraph D., b. The airbags are not covered under any Deductible, of SECTION III — PHYSICAL warranty; and DAMAGE COVERAGE: No deductible for a covered "auto" will apply to c. The airbags were not intentionally inflated. glass damage if the glass is repaired rather than We will pay up to a maximum of $1,000 for any replaced. one"loss". H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR USE—INCREASED LIMIT LOSS The following replaces the last sentence of The following is added to Paragraph A.2.a., of Paragraph A.4.b., Loss Of Use Expenses, of SECTION IV—BUSINESS AUTO CONDITIONS: SECTION Ill — PHYSICAL DAMAGE Your duty to give us or our authorized COVERAGE: representative prompt notice of the "accident" or However, the most we will pay for any expenses "loss" applies only when the"accident" or"loss" is for loss of use is $65 per day, to a maximum of known to: $750 for any one"accident". (a) You (if you are an individual); I. PHYSICAL DAMAGE — TRANSPORTATION (b) A partner(if you are apartnership); EXPENSES—INCREASED LIMIT (c) A member (if you are a limited liability The following replaces the first sentence in company); Paragraph A.4.a., Transportation Expenses, of (d) An executive officer, director or insurance SECTION III — PHYSICAL DAMAGE manager (if you are a corporation or other COVERAGE: organization); or We will pay up to $50 per day to a maximum of (e) Any "employee" authorized by you to give $1,500 for temporary transportation expense notice of the"accident" or"loss". incurred by you because of the total theft of a covered "auto" of the private passenger type. M. BLANKET WAIVER OF SUBROGATION J. PERSONAL EFFECTS The following replaces Paragraph A.5., Transfer The following is added to Paragraph A.4., Of Rights Of Recovery Against Others To Us, Coverage Extensions, of SECTION III — of SECTION IV — BUSINESS AUTO CONDITIONS: PHYSICAL DAMAGE COVERAGE: CA T3 53 08 17 ©2016 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission COMMERCIAL AUTO 5. Transfer Of Rights Of Recovery Against N. UNINTENTIONAL ERRORS OR OMISSIONS Others To Us The following is added to Paragraph B.2., We waive any right of recovery we may have Concealment, Misrepresentation, Or Fraud, of against any person or organization to the SECTION IV—BUSINESS AUTO CONDITIONS: extent required of you by a written contract The unintentional omission of, or unintentional signed and executed prior to any "accident" error in, any information given by you shall not or"loss", provided that the"accident" or"loss" prejudice your rights under this insurance. arises out of operations contemplated by However this provision does not affect our right to such contract. The waiver applies only to the collect additional premium or exercise our right of person or organization designated in such cancellation or non-renewal. contract. Page 4 of 4 ©2016 The Travelers Indemnity Company.All rights reserved. CA T3 53 08 17 Includes copyrighted material of Insurance Services Office,Inc.with its permission TRAVELERS WORKERS COMPENSATION PS AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76( A)— POLICY NUMBER: UB-1R146378-20 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAD AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 07/01/2020 Policy No. UB-1R146378-20 Endorsement No.7 Insured Access Pacific Inc Premium Insurance Company Countersigned by Travelers Property Casualty Company of America Page 1 of 1