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HomeMy WebLinkAboutAGMT - Mora's Equipment and Construction (2012 Concrete Repair Prog) Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder RECORDING REQUESTED BY 111 1110111 IIIIIIIIIIIIII IIIIIIIIII IIII IIIIIIII IIII IIII III III NO FEE * $ R 0 0 0 5 0 7 2 4 1 4 $ * AND WHEN RECORDED MAIL TO 2012000476990 8:30 am 08/20112 CITY OF SEAL BEACH 276 422 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Space of above this line for Recorder's use. k *** No Recording Fee Pursuant to Government Code Section 6103, 27383 **** If NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. •Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 —8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on June 8, 2012. The work was 2012 Annual Concrete Repair Program Project. No. ST1104. 6. The name of the contractor(s), if any, for such improvement was: Mora's Equipment & Construction, Inc. The date of the Contract Award was April 9, 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: City of Seal Beach citywide. Date: g/rn/,z.. / Direc or of Public Works, City of Seal each Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on 4 fit/20/2__ , 2012, at Seal Beach, California. Mate of Signature) /lam /_ Director of Public Works, City of Beach • PUBLIC WORKS AGREEMENT FOR 2012 ANNUAL CONCRETE REPAIR PROGRAM CIP NO. ST 1104 between 49''•.•R2 �<c�� NTY, City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Moras Equipment & Construction 9245 Nan Street Pico Rivera, CA 90660 (562) 948-1838 (562) 395-5555 - FAX THIS AGREEMENT is made as of April 9, 2012, by and between the City of Seal Beach, a California charter city ("City"), and Moras Equipment & Construction, a General Contractor ("Contractor"). Page D-3 1 RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the 2012 Annual Concrete Repair Program Project No. ST1104 ("Project") with respect to design criteria; and B. WHEREAS, Contractor has submitted a bid to City for the Project dated March 29, 2012 in the amount of $46,925.00 ("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 and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Agreement. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 1.4 In the event of any material discrepancy between the express provisions of this 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 April 9, 2012 (the "Effective Date"), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. Page D-32 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 $46,925.00, 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 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 Page D-33 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. 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 all 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 Page D-34 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. 6.2.5 Professional Liability insurance. Unless the City waives in the requirement for professional liability insurance, Contractor shall provide to City the standard form issued by the carrier. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this 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. 6.3.4 Professional Liability: (Please note that pursuant to Section 6.2.5, the City may waive the requirement that the Contractor carry professional liability insurance.) Page D-35 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 Contractor's 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. 6.5.5 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:VIII 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 Page D-36 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$750.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this 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 other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211-8th Street Seal Beach, California 90740 Telephone: (562)431-2527 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 211-8th Street Seal Beach, California 90740 If to Contractor: Moras Equipment& Construction 9245 Nan St. Pico Rivera, CA 90660 Telephone: (562) 548-1838 Fax: (562) 395-5555 Attn: David Mora 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 Page D-37 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 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. 16. 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. Page D-38 CITY OF SEAL BEACH CONTRACTOR: By: i ' ` • R. Ingram, City _er Name: David Mora Attest: Title: President By: 4 L' da Devine, City lerk Approved as to Form: By: uinn M. Barrow, City Attorney Page D-39 AMENDMENT NO. 1 TO PUBLIC WORKS AGREEMENT 2012 ANNUAL CONCRETE REPAIR PROGRAM PROJECT CIP NO. ST1104 between �F SEAL \��ORPORgTFOg0 s, i*�, ';' iOi ••• Ij '�c", Q 1 i City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Mora's Equipment & Construction, Inc. 9245 Nan Street Pico Rivera, CA 90660 (562) 948-1838 (562) 395-555 — FAX THIS AMENDMENT is made as of August 13, 2012, by and between the City of Seal Beach, a California charter city ("City"), and Mora's Equipment & Construction, Inc., a General Contractor ("Contractor"). 1 RECITALS A. WHEREAS, the City Council awarded a contract in the amount of $46,925.00 to Mora's Equipment & Construction, Inc. for the 2012 Annual Concrete Repair Program Project, CIP No. ST1104 ("Project"); B. WHEREAS, During construction, additional costs were incurred; 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. Section 3 (Payment) of the April 9, 2012 Agreement is hereby amended to increase by $416.76, the contract amount to $47,341.76, to read as follows: "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 $47,341.76, 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. 2. Except as amended herein, the terms and provisions of the Agreement shall remain in full force and effect. 3. The City Clerk is hereby directed to attach to the Agreement this Amendment as Exhibit H thereto. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Amendment as of the date first written above. 2 CITY OF SEAL BEACH CONTRACTOR: By: ' 1� k 1 ! By: w y /hor4 s �GCc, .Pin.7 . Ingram, City -ager r Name:�� Attest: _ /,, ) Title: /d esi de,vf--- ()Ccht e_i\ By: ' ' `)G& w Lind Devine, City Clerk Name: Approved as to Form: Title: By: �c ,G inn M. Barrow, City Attorney 3 of 3 1l EXECUTED IN TRIPLICATE . • . Bond No. 5135704 BaudPrariaAt$1,173.00 •PERFOgRIANC4 BOND ', 1 KNOW ALL PERSONS Er77i3Ess MEMOS WHEREAS the City of Seal Bead,has awarded . Mora's Equipment & Construction, Inc. 9245 Nan Street Pico Rivera, CA 90660 (Namearid address of Canttactar) • ("Principal"),a contract(dm"Comm ucf)for The wank desasibed as folio= Anon STl 04 - Pr intpal is required under the terms of the Contract to fend*a bond Sr the faithful.puce at the Cortract NOW,THZ;REFORE,we,the ondetsign sd Principal,and SureTec Insurance Company 9737 Great Hills Trail, Suite 320 . ' Austin, TX 78759 (Name and address of Surety) . Motet?)a duly admitted surety insurer order the laws of the State of Califaania,as Surety,are head and firmly Wand unto the Public Agency hobo penal minor _ Fqp ix Thousand Nine Hundred Twenty-Five and No/100 , 4111 . D o l l a r s(S 46,925.00 ),t h i s amontbeing not less than the total contact price,in lawful money of the United States of Amaaca,fors the payment of which sum wedl•and tidy to be made,we bind ourselves, our executors, admithattatais, succemors, and assigns,jointly and severally, firmly by these THE COND1TrON OF THIS OBLIGATION IS SUCH THAT,if the kemby baueded Principal,his,her or its • hairs,executors,armors,maneasons or assigns,shall in all things stand,in and abide by,and well and truly keep and perform all the undertakimp, terms, its, omdit us and manernents in the Contract and any attention thereof made as therein.provided,on the Pri cipaPs part in be kept and performed,all within the fine and in the man=therein specified,and in all respects according to their trne.imme and meaning,and shall indemnify and hold bawds=the Public Agency,its officers,agents,and ohms vs therein provided,then this ob)h�ion shall . beeomo mull and writ otherwise.it shall be and remain in hit tame and effect - In torso suit Is brought upon this band,Surety farther agrees to pay all court costs and neasooablt attonnys'frees in as amount fixed by the coon. FURTHER, the Surety, fnrr vane received, hereby stiPalaMs and agrees that no thane, exteneiun of time, alteration,addition or modification to the tams of the Contract,or of the work to be permed there under,or the specifications Sr the mom,shall not any way:Act its obligations tinder this band and it does hereby waive notice of any such change,extension of time,alter an.addition,or modification to the terms oft ter Cwt or to the ionic nor to the spechications there under_ Surety hereby waives the provisicrss of Cafbfimmia Civil Code§§2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF,two(2)ide al oountaapaets of this instrarnent, each of which shall for all purposes be deemed an original ha eI have been duly seeded by Principal and Surety,on the dose set Sark below,the name of emit . corporate party being hereto affixed and these presents duly signed by its grelersigud r ve(a)pnrsaant to . authority of its gemming body. • Dated: May 23, 2012 Morr 'S Equipment & Construction, Inc. SureTec Insurance Company ,e)--- ' �� - A ePage '—1 IF ;. • $9= ;0401.40 /4f004 By: Adriana Valenzuela 40544'4.0.-Its Attorney-in-Fact• Sy: BY: Its Note: This bond must be dated, all *matures must be notarized, and evidence of ' the authority of any person signing as attorney-in-fact must be attached. • • , • • • • • • • ACKNOWLEDGMENT State of California County of Orange ) On May 23, 2012 before me, Susan Ponsell, Notary Public (insert name and title of the officer) personally appeared Adriana Valenzuela who proved to me on the basis of satisfactory evidence to be the person(.$)whose name(s)ls/,are subscribed to the within instrument and acknowledged to me thaLhe/she/they executed the same in jaislher/thdif authorized capacityyies); and that by)aisiher/tbeir"signature(s)-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. ,r"'•; SUSAN PONSEIL __ , = COMM. 1927069 C) (gl,• 1 •�'� NOTARY Li ORANO MyoomeNOn Signature commission 1111 © LOI'OI lOL Add=PUPPOSE aCKR9OWdIEIDO C R14 C8111.CODE§1189 • i1 ii State of California >> County of L u ) A* 4 ' " ) On Y/2 j/e. e i2 before me, /" f%/ Mo�sw T 4 ., 1t1. , y,„ 1 /•'c ,te Here Insert Name nd it of the Offi r personally appeared Poi v d 6. L'u-- I o s /44 .11 A Name(s)of Signer(s) 7 i 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/stie%they executed the same in >> his/her/their authorized capacity(ies), and that by NEIL MATSUZAKI his/het/their signatures) on the instrument the % Mrt Commission#1818944 person(s); or the entity upon behalf of which the j Z ", Notary Public-California z person Cacted, executed the instrument. .' `' Los Angeles County v My Comm.Expires Oct 21,2012 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. i.Signature: // �-._ Place Notary Seal Above p�q Signature of Notary P tic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ;, Description of Attached Document Title or Type of Document: Pe Y File.'►`.a I, c c !70�• 41 >> Document Date: Oz '(/2 0 1 Number of Pages: Z Signer(s)Other Than Named Above: A Ole/N N 4 K le ell ., I- 19 Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual RIGHT, UMBPRINT. ❑ Individual RIGHTjTHUMBPRINT: 1 _OF'SIGNER'r.r --t•OF'SIGNER i` ❑ Partner—❑Limited ❑General Top of thumb here ❑Partner — ❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: yj Signer Is Representing: Signer Is Representing: • r .. .. .. .. .. .. ..._-. .. -. .. ..\_,. .. -. -. ..\_,. ..�..\_-.,_.._,.�,.�-.\_-.\_-.,_..\_-.�,.\_.. -. -. -. -. -. .. .-.\_,.\_-._-,,_.._,,,-,.--.,,/3 ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 POA#: 510093 - Fullerton SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Lourdes Landa,Mark Rosskopf,Adriana Valenzuela its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force_until 10/31/2013 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April, 1999.) In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 3rd day of September,A.D.2010. SURETEC INS • _ _ E C! PANY yVFiANpF ' r `9y ;3 By: w w �` f D John Jr., 'resident ttt �,5 ;2 State of Texas ss: e+,� , .. County of Harris On this 3rd day of September,A.D.2010 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston,Texas,that he is President of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. a�*!: as•., JACQUELYN MALDONADO •°• �1 Notary Public,State of Texas acq ely aldo ado,Notary Public •«: My Commission Expires "41(;Vi,:e May 18,2013 y comm sion ex ' s May 18,2013 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. y Given under my h`i d and the seal of said Company at Houston, Texas this day of MAY tQ1 , ,A.D. • M.Brent Beaty,Assistant Secretary Any instrument issued ir.excess.of the penalty stated above Is totally void and without any validity. For verifica■iorrof the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. A Surelec V THIS RIDER MODIFIES COVERAGE TERMS IN THE BOND TO WHICH IT IS ATTACHED To obtain information,make a complaint or assert a claim, or if you have a dispute concerning your premium, you should call the Surety's toll free telephone number for information at: (866) 732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail,Suite 320 Austin,Tx 78759 512-732-0099 Terrorism Risk Exclusions Notwithstanding anything to the contrary in the Construction Contract and Bond,the Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, acts of terrorism, riot, civil insurrection,acts of war or armed hostilities or other national or international calamity, directly or indirectly frustrating performance of, or directly or indirectly causing any loss or damage under,the •Construction Contract for which this Bond was issued. Warranty Time Limitation Notwithstanding anything to the contrary in the Bond or bonded contract, in no event shall Surety have any obligation for any loss occurring or claim made by Obligee more than twenty-five (25) months after the date on which Principal has substantially completed the work under such contract. Exclusion of Liability for Mold & Environmental Hazards Notwithstanding anything to the contrary in the Construction Contract and Bond,the Bond to which this Rider is attached does not provide coverage for, and the Surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards,bio-hazards,hazardous materials,environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons,property, or the performance of the bonded . obligations,of the occurrence, existence,or appearance thereof. Important Notice Regarding Calculation of Premium Adjustments to the contract price entitle the Surety to adjust premium charged. Adjustments in premium charged reflect the adjustment in risk to Surety,not a change in the bond amount. Notwithstanding anything to the contrary in the Construction Contract and Bond, adjustments to the contract price or the premium charged •shall not change the bond amount. • • EXECUTED IN TRIPLICATE Bond No. 5135704 Bonibenthoo INCLUDED, P.A' MFNP BOND • • (LABOR AND MATERIALS) KNOW ALL PERSONS BY 1 SILmaws that WHEREAS the any of Seance*has warded to - Mora's Equipment & Construction, Inc. 9245 Nan Street - • • Pico Rivera, CA 90660 • (Nance and adder of Contractor) • • ('PrinelpaP'),a contract(the"Contract")fru the work described as follows 2012 Annual Concrete Repair Program.Cam#SrilO4. - WHEREAS,.Principal is required under the maw Odle Gutted and their California Civil Code to sew the payment afelaos of labarera,mechanics,matedalmen,and othhr pentane as provided by law - NOW,THEREFORE,we,the undersignedPr nicpel,and SureTec Insurance Company 9717 G coat Hills Trail. Su' - 320 • Austin, TX 78759 - (Name and address of Sw y) • (" ')a duly admitted may insurer tme r the laws of the State of oanusa as Sundt'„are held'a nd fuy • bound unto the POWs Amoy unite penal anus of -• Twenty-Three Thousand Four Hundred Sixty-Two and 50/100 Dollars�$ 23,462.50 ,this amount bales net less than may;punt(5G%)of the total contact price,in lawlbl nwswy of the United States of America,$$thepayinennt of which sum well and • truly to be niide,we bind ourselves,our hubs.executors,admioistrators,sew,nut antigen jointly and severally,6rm(y by these pry. THE CONDITION OP THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,Le r or its ,acladastaitors,&ransom or assigns,or mhcantraciors shall iinitD payany of**persona named iii. Section 3181 of the Califiomia Civil Code, or any amounts due under the Unmplayaient lasennos Code with eepect to vat or labor palmed under the Caotra4,or far say amounts required to be deducted,withheld,and paid over to the E'aags>ourent Devdopmnent Department trues the wages of employees of the Pt nipal and Bois part to Section 13020 of-the UnesupEoyieent Insure=Code,with respect to weak or labor performed under the Contract,the Surety volt pay fur the same in an amiss net exceang the panel suet specified . is this bond;of envies;this ohlig'tia®shall become null and vpfd. This bond shall insure to the benefit of any of the persons mooed is Sect*31E1 of the Califs nnia avg.Coda so as to give a right of arbon to such persona ar diet assigns in any suit hortvibt wade bond. hi case suit is bra upaam this bond,Surety Anther agrees to pay all court costs and reasonable attaraeeys•fees in an amotoot fuzed by the caret. FURTHER, the Suety, for value received, hereby stipnite s and agrees that ire change, extension of tine, alisn oa,add sal ar mocrifiestion to the mains of the Cannot,or of the m&to be pied thhstennder,or the specificritions far the same,shalt in any way affect its obligations under this bond,and it does bar waive notice of any such ci>ange,extension of time,alteration,aMitiioni or modifu to the tams ales Contract or to the wink or to the speatfroniens&armada! Seery hereby waives the provisions of California Civil Code§2545 and. 2849. INWITNESS WHEREOF,two(2)identical untopirts of this inshnmeist,each of which.shall fin all purposes be deemed an original hereof,have bees:duly j by Principal and Shsety,as the date set%o h below the. • D-44 • • • • heals of eat. agenda party Wag hereto affixed and:these pots duly signed by its mss)lm to autbozityofits govee mg body. • Dated: May .23", 2012 "Piieacipar - "Samar Mora's-Equipmenntt &Construction, Inc. SureTec I urance Company 0,4 g Adriana Vale uela •By: Attorney-in-Fact Ids (S (Seat) Note:This.bond must be doled,all signatures umst be aot a i2ed,and evidence of the audit:city of any person signing as attorney-in-fact must be attached. • • • • • • • • • •_ • • • • • ..• .• • . . • •. • • • • • .. • . . . " • . . . • • • . . • Page D45 •• • ACKNOWLEDGMENT State of California County of Orange ) On May 23, 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 person(s)'whose name(s)is/rne- subscribed to the within instrument and acknowledged to me thatbe/she/they executed the same in his/her/tom authorized capacity(ieg, and that by-lam/her/their signature(s)-on the instrument the person(s);or the entity upon behalf of which the person(s)-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ^ • SUSAN PONSELL ems; C) �__l-�l.._� COMM.#1927089 "f ` *" NOTARY PUBLIC-CALIFORNIA 2 • 0 ORANGE COUNTY My Co mwuan&Om.Mach 27,2015 Signature (Seal) • • 6LaLDf;'OO o 1DLa Ladd=pERPOO SCE £CKR901R/L IEDGIn IER14 CIVIL CODE§1189 State of California County of 1 t'1 A. (r S On 572 .4/7 '9— before me, My / AA qel- h zit 4r A/t1- J�/ fu4f/c , Date Here Insert Name and tle of the Officer/ ' personally appeared V.f v l CI C 1.r 1.07 M Q '.l % Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name*is/ace subscribed to the within instrument and acknowledged to me that he/shetthey executed the same in his/her/their authorized capacity(ies), and that by his/hefitheir signature(s) on the instrument the -0.,„ NEIL MATSUZAKI person($ or the entity upon behalf of which the ' 1, s�d4. Commission#1818944 z personcs) acted, executed the instrument. g4 s N' Notary Public-California z z ,,.,� , Los Angeles County = :j z I certify under PENALTY OF PERJURY under the > My Comm.expires Oct 21,2012 Y laws of the State of California that the foregoing >> paragraph is true and correct. ® WITNESS my hand and official seal.% Signature: / i„,.rj Mfg, Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and coul l prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: net yr. e.1 t gen., r/ Document Date: 5- 'Z `//z.o;z Number of Pages: 2 /4 )j Signer(s) Other Than Named Above: /4'r,r't u. a VA /.r v 2 a.t-/m Capacity(ies) Claimed by Signer(s) >> Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): >> ❑ Individual RIGHT THUMBPRINT ❑ Individual RIGH •THUMBI;RINT j .;-'...OF SIGNER, '} ,••OF SIGNER - ❑ Partner—❑Limited ❑General Top of thumb here ❑Partner — ❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact >> ❑ Trustee ❑Trustee 0 Guardian or Conservator CI Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: • 0 2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 • POA#: 510093- Fullerton SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Lourdes Landa, Mark Rosskopf,Adriana Valenzuela its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/2013 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2(1"of April, 1999.) In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 3rd day of September,A.D.2010. u�NO SURETEC INS E Co PANY F S'( ' 4 T V; By: �4V wt Wirt)` John "! Jr., 'resident State of Texas ss: $1i,,u, 1 V County of Harris -•- fr On this 3rd day of September,A.D.2010 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas,that he is President of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. I �1�11 [Miiv / e o*�'tu%. JACQUELYN MALDONADO =•;' " Notary Public,State of Texas acq ely aldo ado,Notary Public My Commission Expires '*iii∎t`,o` May 18,2013 y comm sion ex ' s May 18,2013 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. MAY 23 2012 Given under m.;fiend and the seal of said Company at Houston,Texas this day of , ,A.D. 90 1,..,, _.•01,4 Alf:...._ • M.Brent Beaty,Assistant Secretary ' Any instrument issued in excess of the penalty stated above Is totally void and without any validity. For verification of the authrulty of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. J • • • • SureTec T THIS RIDER MODIFIES COVERAGE TERMS IN THE BOND TO WHICH IT IS ATTACHED To obtain information, make a complaint or assert a claim, or if you have a dispute concerning your premium, you should call the Surety's toll free telephone number for information at: (866) 732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin,Tx 78759 512-732-0099 Terrorism Risk Exclusions Notwithstanding anything to the contrary in the Construction Contract and Bond,the Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, acts of terrorism, riot, civil insurrection, acts of war or armed hostilities or other national or international calamity, directly or indirectly frustrating performance of,or directly or indirectly causing any loss or damage under,the • Construction Contract for which this Bond was issued. Warranty Time Limitation Notwithstanding anything to the contrary in the Bond or bonded contract, in no event shall Surety have any obligation for any loss occurring or claim made by Obligee more than twenty-five (25)months after the date on which Principal has substantially completed the work under such contract. Exclusion of Liability for Mold & Environmental Hazards Notwithstanding anything to the contrary in the Construction Contract and Bond,the Bond to which this Rider is attached does not provide coverage for, and the Surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons,property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Important Notice Regarding Calculation of Premium Adjustments to the contract price entitle the Surety to adjust premium charged. Adjustments in premium charged reflect the adjustment in risk to Surety, not a change in the bond amount. Notwithstanding anything to the contrary in the Construction Contract and Bond, adjustments to the contract price or the premium charged • shall not change the bond amount. • • ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 15/4/2012 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Emory P. Stephens Insurance Service, Inc. ONLY AND CONFERS NO RIGHTS UPON THE (CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,:EXTEND OR P.O. BOX 577 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Upland, CA 91786 909-982-1329 INSURERS AFFORDING COVERAGE ? NAIC# INSURED MORA'S EQUIPMENT & CONSTRUCTION INSURER A: WESCO INSURANCE COMPANY MORA'S TRUCKING INC, DBA: INSURER B: WESCO INSURANCE COMPANY 9245 NAN ST. INSURERC: NATIONAL UNION FIRE INS PICO RIVERA, CA 90661 INSURER D: WESCO INSURANCE COMPANY 562-948-1838 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR(SDD L POLICY EFFECTNE POLICY EXPIRATION LTR �NSRO TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS I GENERAL LIABILITY EACH OCCURRENCE $) 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES((EaEOccu ence) Si 100,000 1 CLAIMS MADE © OCCUR MED EXP(Any one person) SI 5,000 A Y _ WPP1028053 00 8/15/11 8/15/12 PERSONAL 8.ADV INJURY S! 1,000,000 GENERAL AGGREGATE $! 2,000,000 GEHLAGGREGGATTE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $* 2,000,000 —I POLICY I i 1 JEC [7 LOC AUTOMOBILE LIABILITY i COMBINED SINGLE LIMIT $' 1 000 000 X ANYAUTO (Ea accident) ! r r ALL OWNED AUTOS BODILY INJURY 1 $ SCHEDULED AUTOS (Per person) B Y X HIRED AUTOS WPP1028053 00 8/15/11 8/15/12 BODILY INJURY $t X NON-OWNEDAUTOS (Peraccident) PROPERTY DAMAGE i S (Peraccident) a GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S i ANYAUTO OTHER THAN EAACC $t AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $} 1,000,000 OCCUR n CLAIMS MADE AGGREGATE $s 1,000,000 BE020111991 04/11/12 08/15/12 $ C Y DEDUCTIBLE $ RETENTION $ _ S} WORKERS COMPENSATIONAND I TORYLIAMIUTS I I ER + EMPLOYERS LIABILITY / ANY PROPRIETORIPARTNER/EXECUTNE E.L.EACH ACCIDENT Si OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE S i Eyes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT S I OTHER SPCL FORM AS SCHEDULED "ACV" D CONTRTS EQUIP. WPP1028053 00 8/15/11 8/15/12 NOT TO EXCEED PER LEASED AND RENTED $100,000 ITEM LIMIT - $1000 DED DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS t + THE CITY OF SEAL BEACH ITS ELECTED OFFICIALS, OFFICERS, ATTORNEYS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE NAMED PRIMARY ADDITIONAL INSURED WITH A WAIVERi,OF SUBROGATION PER GENERAL AND AUTO LIABILITY ENDORSEMENTS CG2037 0704,CG2010 0704 CG2404 0509 AND CA2048 0299 ATTACHED. TEN DAYS NOTICE OF CANCEL FOR NON-PAYgOF PREMIUM j . CERTIFICATE HOLDER CANCELLATION i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SEAL BEACH DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 211 8TH STREET, 2ND FLOOR NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL SEAL BEACH, CA 90740 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. ..xyrri /406.044 AUTHORIZED REPRESENTAT Ea ACORD25(2001/08) ©ACORD COR RATION 1988 1 ABA48OZ POLICY NUMBER: WPP1028053 00 COMMERCIAL GENERAL LIABILITY CG 2037 CO 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 Organization(s): Location And Description Of Completed Operations Blanket as required by written contract and Blanket as required by written contract. effective during the policy period as stated in the policy Primary Insurance applies: It is agreed that such declarations. insurance as is afforded by this policy for the benefit of the Additional Insured shown shall be primary insur- ance, and any other insurance maintained by the Addi- tional Insured(s) shall be excess and noncontributory as respects any claim, loss or liability allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim loss or liability which is determined to be solely ithe result of the Additional Insured's negligence or so,Iely the Additional Insured's responsibility. Information required to complete 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 damage"caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 0704 ©ISO Properties, Inc.,2004 Page 1;of 1 f7 ABA4802 • . i POLICY NUMBER: WPP1028053 00 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • • DESIGNATED INSURED This endorsement modifies insurance provided under the following: _ • BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM • MOTOR CARRIER COVERAGE FORM • TRUCKERS COVERAGE FORM • With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modi- fied by this endorsement. • This,endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An insured Provi- sion of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: • Countersigned By: • • 02/13/12 ' • Named Insured: • MORA'S EQUIPMENT & CONSTRUCTION, INC. Auth Representative) SCHED� Name of Person(s)or Organization(s): ANY PERSON OR ORGANIZATION WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT, EXECUTED PRIOR TO LOSS, TO NAME AS ADDITIONAL INSURED. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) • Each person or organization shown in the Schedule is an"insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An insured Provision contained in Section 11 of the Coverage Form. - • • SUCH INSURANCE AS IS APFORDFI)BY THIS POLICY SHALL BE PRIMARY INSURANCE„AND ANY INSURANCE OR SELF-INSURANCE MAINTAINED BY • THE ABOVE ADDITIONAL INSURED SHALL BE EXCESS OF THE INSURANCE • AFFORDED TO THE NAMED INSURED AND SHALL NOT CONTRIBUTE TO TT. • WAIVER OF SUBROGATION APPLIES • CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Pagel of I D FILE ' ABA4802 POLICY NUMBER: WPP1028053 00 COMMERCIAL GENERAL LIABILITY CG 24 04 p5 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY s 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: Blanket as required by written contract and effective during the policy period as stated in the policy declarations. 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 24 04 05 09 ©Insurance Services Office, Inc.,2008 Page 1 of 1 ❑ — s ABA4bU•L { POLICY NUMBER: WPP1028053 00 COMMERCIAL GENERAL LIABILITY CG 20 10 07;04 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 iUIIV'!J{I7(J,'. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations Blanket as required by written contract and Blanket as required by written contract. effective during the policy period as stated in the policy Primary Insurance applies: It is agreed that such declarations. insurance as is afforded by this policy for the bene- fit of the Additional Insured shown shall be primary insurance, and any other insurance maintained y the Additional Insured(s) shall be excess and non- contributory as respects any claim, loss or liability allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim loss or liability which is de- termined to be solely the result of the Additional Insured's negligence or solely the Additional In- sured's responsibility. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury;' or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions;or ment furnished in connection with such work. 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location ofithe the additional insured(s) at the location(s) desig covered operations has been completed;or) nated above. 2. That portion of "your work" out of whichjthe injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor jen- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 13