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AGMT - JDC (Main St. Tree Planting Project, CIP No. ST1110)
(10 RECORDING REQUESTED BY Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder AND WHEN RECORDED MAIL TO 1NO FEE * $ R 0 0 0 4 9 6 8 9 7 3 3 CITY OF SEAL BEACH 2012000397820 9:58 am 07113/12 Attn: City Clerk 90 414 N12 1 211 - 8th Street 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Seal Beach, CA 90740 Space of above this line for Recorder's use. *** No Recording Fee Pursuant to Government Code Section 6103, 27383 **** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. 1 Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated n F below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 —8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on June 26, 2012. The work was Main Street Tree Planting Project. No. ST1110. 6. The name of the contractor(s), if any, for such improvement was: JDC, Inc. The date of the Contract Award was February 27, 2012. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Main Str=et. Date: 771/)z � 1 __ Director of Public Works, City of eal Beach Signature of owner or corporat= •fficer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on 7/9 , 2012, at Seal Beach, California. (Date of Signature) / , ia //v, Director of Public Works, City of if al Beach PUBLIC WORKS AGREEMENT FOR MAIN STREET TREE PLANTING PROJECT CIP NO. ST1110 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 JDC, Inc P.O, Box 3448 Rancho Cucamonga, CA 91729 (909) 899 -4841 (909) 899 -4842 - FAX THIS AGREEMENT is made as of February 27, 2012, by and between the City of Seal Beach, a California charter city (City "), and JDC, Inc., a General Contractor ( "Contractor "). 1 of 9 RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Main Street Tree Landscape Improvement Project, CIP No. ST1110 ("Project ") with respect to design criteria; and B. WHEREAS, Contractor has submitted a bid to City for the Project dated February 2, 2012 in the amount of $84,895 ( "Accepted Proposal" hereinafter). The Accepted Proposal is attached hereto as Exhibit G and contains, among other things, provisions defining the Project scope. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, 'covenants, and conditions herein contained, the parties hereto agree as follows: AGREEMENT 1. Contractor's Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Agreement, Contractor shall perform and complete in good and workmanlike manner all work ("Work ") required by this Agreement and the documents listed in Subsection 1:2 for the Project. 1.2 Contract Documents. The "Contract Documents" that comprise the agreement between the City and the Contractor are the: Notice Inviting Bids, instructions to Bidders, Accepted Proposal, Non - Collusion Affidavit, Bid Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms for Check or Bond, Specifications, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, this Agreement, Exhibits attached to this Agreement, including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers' Compensation Insurance Certificate (Exhibit C), insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any arid all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Agreement. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 2 of 9 1.4 In the event of any material discrepancy between the express provisions of this Agreement and the provisions of the other Contract Documents, the provisions of this Agreement shall prevail. 2. Effective Date. This Agreement is effective as of February 27, 2012(the "Effective Date "), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 3. Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of $84,895, subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 4. Contractor's Personnel. 4.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of city officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and 3 of 9 all taxes, assessments, penalties, and interest asserted against City by reason of the work performed pursuant to this Agreement. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Indemnification. 5.1 Contractor's Duty. Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees ") free and harmless from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim," collectively, "Claims "), in any manner arising out of or incident to the performance of the Agreement, including without limitation, the payment of all consequential damages and attorneys' fees and other related costs and expenses. Further, Contractor shall appoint competent defense counsel, at Contractor's own cost, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of the Agreement that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Agreement. Contractor shall reimburse the City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the Indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable. 5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1, Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or Incident to any bid protest. 5.3 City's Sole Negligence. Nothing in Section 5.1 shall be construed to require Contractor to indemnify Indemnitees for that portion of any Claim to the extent arising from the sole negligence or willful misconduct of the Indemnitees. 5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 4 of 9 5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from ail claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. 5.6 Survival. The provisions of this Section 5 shall survive the termination of the Agreement and are In addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 6. Insurance. 6.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subcontractors. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D -1: Additional Insured Endorsement - Commercial General Liability. 6.1.2 Exhibit D -2: Additional Insured Endorsement - Automobile Liability. 6.1.3 Exhibit D -3: Additional Insured Endorsement. 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2,2 insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional insured — Owners, Lessees or Contactors (Form B). 6.2.4 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 5 of 9 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 6.3.3 Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. 6.4 Deductibles and Self - Insured Retentions. Contractor shall inform City of any deductibles or self - insured retentions except with respect to any professional liability insurance. 6.5 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.5.1 City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. 6.5.2 For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials. Any insurance or self - insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Contractors insurance and shall not contribute with it. 6.5.3 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5.4 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. 6 of 9 6.5.5 Each insurance policy, except for any professional liability policy, required by this Section 6 shall expressly waive the insurer's right of subrogation against City and its elected , officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. 6.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:Vlll unless waived in writing by City's Risk Manager. 6.7 Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 7. Liquidated Damages. Should the Contractor fail to complete the project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $750 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount Is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered In the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall riot constitute a waiver of liquidated damages. 8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the .convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Agreement. 9. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such 7 of 9 other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211 -8th Street Seal Beach, California 90740 Telephone: (582) 431 -2527 Fax: (562) 493 -9857 With a copy to: Public Works Director City of Seal Beach 211 -8th Street Seal Beach, California 90740 If to Contractor: JDC, Inc. P.O. Box 3448 Rancho Cucamon ga, CA 91729 Telephone: (909) 899 -4841 Fax:(909) 899 -4842 Attn: 10. Non Assignability: Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12. Non- Waiver of Terms. Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 13. Attorneys' Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including all attorneys' fees incurred in connection therewith. 14. Construction. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of 8 of 9 California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 15. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations, or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. 18. Severability. The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. CITY OF SEAL BEACH By: Attest: By: Ingram, City ger Linda bevine, Ci Clerk Approved as to Form: By: • 'Jilin M. Barrow, City Attorney 9 of 9 CONTRACTO_ By: Name: C��! tY) DEA g Moir D Title: /P I2 I ? o it Name: Title: ACKNOWLEDGMENT State of California County of San Bemardino On February 14, 2012 before me, Lorraine Clark (Notary Public) (insert name and title of the officer) personally appeared James DeArmond who proved to me on the basis of satisfactory evidence to be the person4whose nameA . 1 e- scnbed to the within instrument and acknowled ed to me that gi / he&they executed the same in authorized capacity( , and that by►ertheir signature) on the instrument the personct!), or the entity upon beha f of which the person(%) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur z z LORRAINE CLARK �} Commission # 1835906 Notary Public - California San Bernardino County My Comm. Expires Mar 11, 2013 EXHIBIT A FAITHFUL PERFORMANCE BOND EXHIBIT B PAYMENT BOND EXHIBIT C WORKERS' COMPENSATION INSURANCE CERTIFICATE EXHIBIT D -1 ADDITIONAL INSURED ENDORSEMENT (COMMERCIAL GENERAL LIABILITY) EXHIBIT D -2 ADDITIONAL INSURED ENDORSEMENT (AUTOMOBILE LIABILITY) EXHIBIT D -3 ADDITIONAL INSURED ENDORSEMENT EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS EXHIBIT F LABOR LAW REQUIREMENTS EXHIBIT G ACCEPTED PROPOSAL (NOTE: Exhibits will not be included with the contract at the time of award. The Contractor shall have 10 working days to submit all exhibits to the City after the award of contract. Failure to do so will result in voiding of the contract. The City will then have the right to cash the bid bond for the project and re- advertise for construction or award to the next lowest responsive bidder.) EXECUTED IN TRIPLICATE lion Aim PRF7628187 Ekmditmnhan $2,831.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that WHEREAS the Cityof Seal Beach, has awarded JDC, Inc. 13061 Shasta Court Rancho Cucamonga, CA 91739 (Name and address of Contractor) ( "Principal'), a contract (the "Contract") for the work described as follows: Main Street Tree Improvement Project No. ST1110. WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful pefi nnance of the Contract. NOW, TIFEREFORE, we, the undersigned Principal, and Fidelity and Deposit Company of Maryland 777 S. Figueroa Street, Suite 3900 Los Angeles, CA 90017 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of One Hundred Eighty -Four Thousand Eight Hundred Ninety and No /100 Dollars (5 184,890.00 ), this amount being not less than the total contract price, in lawful money of the United States of AtIllthat, fttr- the.payment.of whit* sum well and truly to be made, we bind ourselves, our hens, executors, administrators, summers, and assigns, joindy and severally, firmly by these fig. THE CONDITION OF THIS OBLIGATION 18 SUCH THAT,. if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to.and abide by, and well and truly keep and arm all the undertakings, ins, covenants, conditions and agreements in the Contract and any Alteration as .thy provided, on dhe.PCPs panto be kept an dprefmnred, all within the time and in the manner-therein specified, and in all reSpects according -to iheh true inter :and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain in full force and el%Ct. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount feed tithe .court. FUITI/DDII, the Surety, fir value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed there under, or the specifications for the same, shall it any way affect its obligations trader this hon& and it does hereby waive n lice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications there under. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHET. OP, two (2) identical counterparts of this instermunit, each of which shall for all doses be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority o €its governing body. Dated: Marc' 2012 " ri ieipar “surety. JDC ff�'1 Fide it -4* 8-.• •11.,0 • aryland .1611111ftgak Its By: Adriana Valenzuela Its Attorney -in -Fact By: By: Its Its . _ () = (Seem) Note: This. bond must be dated, all sues must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. SIT B ACKNOWLEDGMENT State of California County of San Bemardino On March 12, 2012 before me, Lorraine Clark (Notary Public) (insert name and title of the officer) personally appeared James DeArmond who proved to me on the basis of satisfactory evidence to be the p gE on whose name (Ware-- bed to the within instrument and .acknowled ed to me tha ecuted a same in 4f4 Lb r/their-authorized capacityliesf, and that b e#their sSgnatur9 on the instrument the person or the entity upon behalf of which the personss3'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 han d official seal. Signature LORRAINE CLARK 4 Commission # 1835906 Notary Public - California San Bernardino County My Comm. Expires Mar 11, 2013 State of California County of Orange ACKNOWLEDGMENT On March 7, 2012 before me, Susan Ponsell, Notary Public (insert name and title of the officer) personally appeared Adriana Valenzuela who proved to me on the basis of satisfactory evidence to be the persoq.(s)-whose name(s)-is/are subscribed to the within instrument and acknowledged to me that- heishe %they executed the same in We/her/their-authorized capacity,(aes);and that by.hiS /her /their'signature(s) on the instrument the persou(s); or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature N i (Seal) SU AN PONSELL COMM. # 1927069 NOTARY PUBUC- CALWORNA. ORANGE COUNTY My Cc mm lu on Ei,pini March 77,1016 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Law q id Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and eff t &Ii �reof, does hereby nominate, constitute and appoint Adriana VALENZUELA, of Fullerto r . f► fu1 agent and PP � �" Attorney -in -Fact, to make, execute, seal and deliver, for, and al, Its eed: any and all bonds and undertakings, and the execution of sucl} bs � • +,�tcin ` urSese presents, shall be as binding upon said Company, as fully and 5 \1 , fit- is and � ii tttt ey had been duly executed and acknowledged by the regular i t �f�� t � ice in Baltimore, Md., in their own proper persons. The said Assistant ',�, a..�j •e,,..9 LJ tract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- • s ' �ow in force. IN WITNESS the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6th day of August, A.D. 2008. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND j 1144,4---; By: Gregory E. Murray Assistant Secretary Theodore G. Martinez State of Maryland ss: City of Baltimore f On this 6th day of August, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. POA -F 012 -4152G V [0l..t' -.4-'r Constance A. Dunn Notary Public My Commission Expires: July 14, 2015 • • EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, MAR 077612 this day of , Assistant Secretary EXECUTED IN TRIPLICATE BndNo. PRF7628187 Bendpassim INCLUDED PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: SAS the City of Seal Beach, has awarded to JDC, Inc. 13061 Shasta Court Rancho Cucamonga, CA 91739 (Name and address of Contractor) ( "Principal"), a contact (the " Contract") for the work •described as follows: Mak Street Tree went Pro' eat No. :ST1.110. WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW, THEREFORE, we, the undersigned Principal, and Fidelity and Deposit Company of Maryland 777 S. Figueroa Street, Suite 3900 Los Angeles, CA 91739 (Name and address of Surety) (" Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of One Hundred Eighty -Four Thousand Eight Hundred Ninety and No /100 Dollars ( $ 184,890.00 this amount being not less than fifty per t (50%) of the toiai contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, adminintators, smccessors or assigns, or subeontacurs shad/ fail to pay any of the persons named in Section 3181 ofthe Caliivraia Civil Code, or any mutants due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcormaetors pursuant to Section 13020 Of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in xlrisband; otherwise, this ion shall become null and void. This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bard.. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Sum, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this band, and it does hereby waive .notice of any such change, extension of tithe, alteratkin, addition, or modification to the terrors of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code - §§ 2845 and 2849. T VI's FRED', two (2) identical counterpatis of this instrument, each of which shall for all purposes be deemed an .original hereof, have been duly eaecutad by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: March 7, 2012 "Principal' JDC, In By: Its By: "Sue" Fidelity d Deposit Company of Maryland By: Adriana Vale IiS Attorney -in -Fact BY= Its Its {mil- (Seal) Note Thus bond must be dated, all sib s must be mod, and evidence ofd audwity of any peen signing as attomey-in fact must be attaehed. ACKNOWLEDGMENT State of California County of San Bemardino On March 12, 2012 before me, Lorraine Clark (Notary Public) (insert name and title of the officer) personalty appeared James DeArmond who proved to me on the basis of satisfactory evidence to be the personcdwhose name (4i are - suusscribed to the within instrument and acknowledged to me that — executed the same in horized capacity4ie ), and that b 1i eritheirsignature (se'on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand = do official seal. z z SignaLf� Cl.+�yc -- ( ��"' L (Seal) LORRAINE CLARK Commission # 1835906 Notary Public - California San Bernardino County My Comm. Expires Mar 11, 2013 State of California County of Orange ACKNOWLEDGMENT On March 7, 2012 before me, Susan Ponsell, Notary Public (insert name and title of the officer) personally appeared Adriana Valenzuela who proved to me on the basis of satisfactory evidence to be the persons) hose name(sT is /afe subscribed to the within instrument and acknowledged to me that.hel"she /heyexecuted the same in ,his/her /Oeirauthorized capacityriesj, and that by ,his/her /tbei(signature(8)-on the instrument the persorl(s); or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) SU N PONSELL COMM. # 1927089 NOTARY RN= - CAUFORNIA ORANGE COUNTY -a My Commission Eiip r.s Math 27.2015 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Law ql id Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and eff t Lki hereof, does hereby nominate, constitute and appoint Adriana VALENZUELA, of Fullerto tt t a ,Y" ful agent and PP �V`Y1� g Attorney -in -Fact, to make, execute, seal and deliver, for, and . � '. �" .pd�a its eed: any and all bonds and undertakings, and the execution of such-be . uartcm -these presents, shall be as binding upon said Company, as fully an is a i - a had been duly executed and P� Y Y acknowledged by the regularly ��e a �� t ts'o ice in Baltimore, Md., in their own proper persons. s-here k�r rt��� � - - � � . ct set forth on the reverse side hereof is a true copy of Article VI, The said Assistant Section 2, of the By- IN WITNESS affixed the Corporat A.D. 2008. ATTEST: e'said Vice - President and Assistant Secretary have hereunto subscribed their names and of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 6th day of August, FIDELITY AND DEPOSIT COMPANY OF MARYLAND t'l4ic.-' By: Gregory E. Murray Assistant Secretary Theodore G. Martinez State of Maryland ss: City of Baltimore f On this 6th day of August, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. POA -F 012 -4152G - iQ'Y- G:�,,J_,(, li �_J I.J. /"•�I'•_ Constance A. Dunn Notary Public My Commission Expires: July 14, 2015 • • EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of-the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of MAR 0 7 2012 , Assistant Secretary 305JDCINC ACORDnw CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DDIYYYY) 3/07/2012 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 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 BB&T Insurance Services of Orange County 680 Langsdorf Drive Suite 100 Fullerton, CA 92831 NAMEACT Gloria Gabriel or Mary Faber HO No Ext :714 578 -7000 FAX No AIC E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Scottsdale Insurance Company 41297 INSURED James DeArmond Construction Inc dba JDC Inc • PO Box 3448 Rancho Cucamonga, CA 91739 INSURER B: Golden Eagle Insurance Corp 10836 INSURER C National Union Fire Ins Co PA 19445 Granite State Insurance Company INSURER D : p Y 23809 INSURER E : Hartford Company Y ford Fire Insurance Com 19682 INSURER F : $100,000 CERTIFI ATE NU 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. L R TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF MM/ /DDIXP LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR BCS0025196 1 7/01 /2011 07/01/201 . EACH OCCURRENCE $1 000 000 X PREMISES Ea occurrence $100,000 ■■ CLAIMS -MADE X MED EXP (Any one person) $ Excluded ■ ■ GEN'L PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 ■ POLICY X JEC ■ LOC $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON OWNED AUTO-S BA6886202 07/01/2011 07/01/201 Ea acclideDn SINGLE LIMIT 1,000,000 X BODILY INJURY (Per person) $ ■ BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE Per accident $ ■ . $ C ■ UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE BE080665261 17/01/2011 07/01/201 EACH OCCURRENCE $1 000 000 x ■ AGGREGATE 51 000 000 ■ DED X RETENTION $0 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If DESCRIPTION DESCRIPTION OF OPERATIONS Y / N N / A WC001645668 1 7/01/2011 07/01/201 X REM OF E.L. EACH ACCIDENT $1,000 000 E.L. DISEASE - EA EMPLOYEE $1 000 000 below E.L. DISEASE - POLICY LIMIT $1,000,000 E Equipment Rented /Leased 72UUMKT5900 17/01/2011 07/01/201 - $1,000 Deductible $100,000 Max Per Item DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: Main Street Tree Planting Project # ST1110 City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials are named additional insured as respects general and auto liability as required by written contract, this insurance is primary and noncontributory with any other insurance of the additional insured, and waiver of subrogation applies as respects general liability, auto (See Attached Descriptions) e • ■ Clerk City of Seal Beach 211 8th Street Seal Beach, CA 90740 THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE SHOULD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. k I - , AUTHORIZED REPRESENTATIV = e • REVISION NUMBER: ACORD 25 (2010/05) 1 of 2 #58280498/M7040714 © 1988-2010 ACORD CORPORATION. All rights res rved. The ACORD name and logo are registered -marks of ACORD GAGAB DESCRIPTIONS (Continued from Page 1 liability, and workers compensation, as required by written contract, per endorsements attached. Should any policy be cancelled before the expiration date, BB &T Insurance Services will mail 30 (thirty) days written notice to the certificate holders which require such action per written contract or agreement, except 10 days notice of cancellation for non - payment of premium. SAGITTA 25.3 (2010/05) 2 of 2 #S8280498/M7040714 1 Policy No. BCS0025196 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying ser- vices, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per - formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or- organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: BCS0025196 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 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 SCHEDULE Name Of Additional Insured Person(s) Or Or • anization s : Location And Descri • tion Of Com • Ieted 0 • erations Blanket as Required by written contract Blanket as required by written contract Information required to com•lete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products- completed operations hazard ". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ 1 � SCOTTSDALE INSURANCE COMPANY' ENDORSEMENT NO ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. BCS0025196 7/1/11 JDC Inc THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SPECIAL CONDITION For coverage provided in the following endorsements as indicated by an "x" in the box below: o Additional Insured — Owners, Lessees Or Contractors —Scheduled Person Or Organization (CG 20 10). X Additional Insured — Owners, Lessees Or Contractors — Automatic Status When Required In Construction Agreement With You (CG 20 33). X Additional Insured — Owners, Lessees Or Contractors — Completed Operations (CG 20 37). The insurance provided is amended to be (indicated by an "x" in one box below): X Primary and noncontributory. o Primary. o Noncontributory. GLS -294s (4 -08) Page 1 of 1 POLICY NUMBER BCS0025196 COMMERCIAL GENERAL LIABILITY CG 24040509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WITH WHOM THE INSURED HAS AGREED TO WAIVE RIGHTS OF RECOVERY, PROVIDED SUCH AGREEMENT IS MADE IN WRITING AND PRIOR TO THE LOSS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard ": This waiver applies only to the person or organization shown in the Schedule above. CG 24040509 ® insurance Services Office, Inc., 2008 Page 1 of 1 0 Insured Copy ' JDC Inc Policy No. BA6886202 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION 1I - LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self - insured retention plan available to that organization; or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. GECA 701 (01/07) Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto" by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract ", or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) the permit has been issued to you. Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 1 of 4 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning up to $500 a day because of time off from work. SECTION III - PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for "loss" in any one "accident" is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the "accident ", we will also pay up to $500 per "accident" for the actual loss of use to the owner of the covered "auto ". c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to 'loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto" that you hire with a driver. 6. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto ". Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially Tess than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto ". GECA 701 (01 /07) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 2 of 4 If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. 7. Lease Gap Coverage If a long -term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured - Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for "loss" to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's "operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. GECA 701 (01/07) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 3 of 4 SECTION IV. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Suit, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, daim, "suit ", or loss. Knowledge of an accident, claim, "suit ", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g., but only as respects Toss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract ", written agreement, or permit. B. GENERAL CONDITIONS 9. is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. CECA 701 (01/07) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 4 of 4 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause° need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 7/1/11 Issued to JDC Inc By GRANITE STATE INSURANCE COMPANY forms a pact of Policy No. WC001645668 We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be • 2 % of the total *estimated workers compensation premium for this policy. WC 040361 • (Ed. 11190) • AMENDMENT TO PUBLIC WORKS AGREEMENT FOR MAIN STREET TREE PLANTING PROJECT CIP NO. ST1110 between .---0k SEA( B't'!. jFOF��i! 9'staa *.°37e,"69 ivT��Via•= City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 JDC, Inc P.O. Box 3448 Rancho Cucamonga, CA 91729 (909) 899-4841 (909) 899-4842 - FAX THIS AMENDMENT is made as of May 18, 2012, by and between the City of Seal Beach, a California charter city ("City"), and JDC, Inc., a General Contractor ("Contractor"). 1 RECITALS A. WHEREAS, the City Council approved the plans and specifications for the Main Street Tree Landscape Improvement Project, CIP No. ST1110 ("Project") with respect to design criteria; B. WHEREAS, Contractor has submitted a bid to City for the Project dated February 2, 2012 in the amounts of $84,895 for the removal and replacement of trees (Phase I) and $115,000 for additional landscaping (Phase II); C. WHEREAS, on February 27, 2012, the City Council approved that certain agreement dated February 27, 2012 (" February 27, 2012 Agreement") for Phase I in the amount of$84,895; and D. WHEREAS, on March 12, 2012, the City Council authorized and allocated funds for Phase II in the amount of$115,000. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Subsection 1.1 ("Scope and Level of Services") of the February 27, 2012 Agreement is hereby amended to read as follows: "1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in the Agreement, as amended by the Amendment dated May 18, 2012 (collectively the "Agreement" hereinafter), Contractor shall perform and complete in good and workmanlike manner all work ("Work") required by the Agreement and the documents listed in Subsection 1.2 for the Project in connection with the following phases: 1.1.1 Phase I. Removal and replacement of trees as indicated in the Accepted Proposal attached to the Agreement as Exhibit G. 1.1.2 Phase II. Installation of additional landscaping as indicated in bid alternatives Level 2 and 3 in the Accepted Proposal attached to the Agreement as Exhibit G." 2 Cs) 2. Section 3 (Payment) of the February 27, 2012 Agreement is hereby amended to read as follows: "3. Payment. For performing and completing Phase I of the Work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of $84,895, subject to any additions and deletions pursuant to the terms of the Contract Documents. For performing and completing Phase II of the Work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of $129,101.30, subject to any additions and deletions pursuant to the terms of the Contract Documents. Said respective amounts shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents." 3. In connection with the increase in Work created by the addition of Phase II to the scope of the Project, Contractor shall amend and supplement the documents listed in Section 1.2 (Contract Documents), where necessary, including but not limited to increasing the amounts of the Performance Bond and Payment Bond required by Section 1.2. Any amendments or supplements are hereby incorporated into the Agreement, and shall be attached to the Agreement as Exhibits. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Amendment as of the date first written above. CITY OF SEAL BEACH JDC, INC. B : C 111P AMA .� By: Y - . Ingram, Ci ager Name: �n,�,�-, 0C--ene.m6.-0 Title: By: Name: Title: 3 Attest: By: iiiii 4i4 a Devine, City Clerk Approved as to Form: By: civet. � ty Attorney 4