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Home My WebLink AboutAGMT - John S. Meek Company, Inc. (Seal Beach Pier Repair)John S. Meek Company, Inc. 14732 South Maple Ave Gardena, CA 90248 (3 10) 830 -6323 The undersigned (Insured): WORK AU'T'HORIZATION Encroachment Agreement CA License No. 709151 City of Seal Beach, a charter city ( "City ") 211 8th Street Seal Beach CA 90740 Address City State Zip represents that it owns the hereinafter specified property and its contents and hereby authorizes John S. Meek Company, Inc., a California corporation ( "MEEK ") to access the specified real property or structure commonly known as the Seal Beach Municipal Pier, located at: Address City State Zip Access to the specified property by MEEK shall be solely for the purpose of repairing the specific property, for which MEEK shall provide all required labor, equipment, and materials. Repairs are to be paid by City's insurer CJPIA / A1G ( "CJPIA ") B12841009W I3 ns& o icP� y Number All work performed under this Agreement shall not exceed the amount of $417,090.00 (four hundred seventeen thousand ninety dollars and no cents) as reflected in Revised Estimate No. 2, dated June 9, 2016, attached hereto as Exhibit A. No new or additional charges not indicated in Revised Estimate 2 (Exhibit A) shall be accepted or honored by City unless MEEK provides notification to City and City has inspected the additional damages or other work and have issued written authorization to proceed. It is understood and agreed that MEEK will perform all repair work in Exhibit A (Revised Estimate 2) and Exhibit B (Seal Beach Selective Demolition O u t l i n e ) in a good and workmanlike manner in accordance with our General Conditions (Addendum A), will have policies of insurance in full force that comply with all City requirements, will comply with local safety standards, and will perform all work according to local building codes. In addition to compliance with City requirements, all insurance work performed by MEEK is subject to the terms of City's policy of insurance which sets the scope and price of the work based upon industry standards. Payment for work performed, is the responsibility of the City. City has the right to cancel this Work Authorization prior to midnight of the 3rd business day of signing this agreement by writing and delivering a written cancellation request to MEEK by such time. MEEK and City agree to and the General Conditions stated below and the additional terms and conditions in the attached Addendum A, which is hereby incorporated in full as part of this Agreement. MEEK agrees to perform the work as approved by the City. All work progress invoices must be reviewed and approved by the City of Seal Beach i n w r i t i n g prior to payment. Executed on this date:, by CITY OF SEAJAEACIJ By: , Ji I R. Ynghm, Cit nager (OPS) Approv as -- By: Craig A. Steele, City Attorney General Conditions City agrees to allow timely inspections by municipal inspectors and to obtain any required City signatures on all insurance drafts so that MEEK can be timely paid. Any controversy or claim arising out of or relating to this agreement, or breach thereof; must be submitted to a court of competent jurisdiction located in the County of Orange, California. This Agreement shall be governed by and construed in accordance with the laws of the State of California. MEEK is a corporation lawfully organized and in good standing under the laws of the State of Califomia. E i t h e r p a r t y reserves their right to terminate this agreement should the other party breach any of its terms. -2 ADDENDUNI A MEEK and City further agree to the following terms and conditions: MEEK shall deliver two bonds to the City prior to the start of work. Each of the said bonds shall be executed in a sum equal to the contract price, and shall be in a form satisfactory to the City. One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor, and the other said bond shall secure the payment of claims for labor and materials. 2. During the term of this Agreement, MEEK shall provide and maintain insurance against claims for damages to property and injuries to persons or death that may arise from or in connection with the performance of this Agreement, in accordance with the following _ requirements: a. MEEK shall procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits Commercial general liability: $11,000,000 per occurrence and $12,000,000 in annual aggregate Professional Liability $1,000,000 per claim Business automobile liability $1,000,000 Combine Single Limit b. Commercial general liability insurance will meet or exceed the requirements of ISO - CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City of Seal Beach , its elected and appointed officials and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an `occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. C. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," MEEK will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover MEEK for all claims made by City arising out of any errors or omissions of MEEK, or its officers, employees or agents during the time this Agreement was in effect. d. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). e. MEEK will furnish to City duly authenticated Additional Insured Endorsements with Certificates of Insurance evidencing maintenance of the insurance required under this -3 Agreement and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A: VII." Acceptability of the evidence of insurance and coverage shall be at the sole discretion of City f. Should MEEK, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at MEEK's expense and deduct the cost of such insurance from payments due to MEEK under this Agreement or terminate pursuant 3. Attached a s E x h i b i t A i s a copy of the Estimate for Repair totaling $417,090.00 (`Revised Estimate 2 "). The parties agree and understand that any other open iterrvs will be determined by City at a later date. 4. Attached as Exhibit B is a copy of the Seal Beach Selective Demolition Outline. 5. City agrees to review MEEK invoices and request payment from CJPIA within ten (10) working days (10) of the City's receipt of MEEK's invoice. City will issue payment to MEEK within thirty (30) days of City's receipt of payment from CJPIA for such invoiced work. 6. Labor Certification. a. City and MEEK agree that the services and other work to be performed under this Agreement is a public work to which prevailing wages apply. MEEK agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. MEEK shall, as a penalty to City, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by MEEK or by any subcontractor. b. By executing this Agreement, MEEK certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of any and all work provided pursuant to this Agreement. 7. MEEK is an independent contractor of City's insurer and not an employee or independent contractor of the City. All services provided and rights exercised pursuant to this Agreement shall be performed by MEEK or under its supervision. MEEK will determine the means, methods, and details of performing the services. Any additional personnel exercising MEEK's rights under this Agreement on behalf of MEEK shall also not be employees of City and shall at all times be under MEEK's exclusive direction and control. MEEK shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. MEEK shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to; social security taxes, income tax withholding, unemployment insurance, Ll disability insurance, and workers' compensation insurance. MEEK 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 liability, damages, claims, costs, and expenses of any nature to the extent arising from MEEK's personnel practices. S. MEEK shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnities ") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of MEEK, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, MEEK shall defend Indemnitees, at MEEK's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indenmitees. MEEK shall reimburse City and its directors, officials, officers, employees, agents and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection (herewith or in enforcing the indemnity herein provided. MEEK's obligation to indemnify shall not he restricted to insurance proceeds, if any, received by MEEK, the City, its directors, officials, officers, employees, agents or volunteers. All duties of MEEK under this Section shall survive termination of this Agreement. 9. The person executing this Agreement on behalf of MEEK warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, MEEK is formally bound to the provisions of this Agreement. JOHN K S. Mo6k, President M Secretary CITY OF SEAL BFACH Approved as 0 Robin Roberts, City Clerk, City of Seal Bench raig A. Steele, City Attorney �� ,_�L� ., !G.]LLdL� •9.11 June 9, 2016 REVISED 2 City of Seal Beach 211 8th Street, Seal Beach, CA 90740 Attention: David Spitz Phone: 562 431 -2527 Email: DSpitz @sealbeachca. Gentlepersons: 14732 SO. MAPLE AVENUE GARDENA, CA 90248 TEL: (310)85O8329 FAX: (510) 855.2185 EMAIL: generalOjohnsmeek.com We are pleased to submit the following quotation for work on the Seal Beach Pier in Seal Beach, California. Price includes labor, materials and equipment to perform the following scope of work: Base Bid: Remove and dispose of the three building and associated debris at the end of the Seal Beach Pier including concrete foundations. Also included is the removal of three light poles at the end of the pier. Price includes prevailing wage, BMPs, USL &H insurance and the all other items listed in the scope of work A 1 -7 of the Selective Demolition outline received on May 31, 2016. Price for the base bid is $154,565.00 Add Alternate #1: Remove approximately 4,250 sf of 4 "x12" timber decking and associated spike type fasteners. Remove Decking 8,250 sf @ $17.30 /sf $142,725.00 Add Alternate #2: Remove approximately 70 each 4 "x16" timber stringers. Remove Stringers 70 ea @ $520.00 /ea $ 36,400.00 Add Alternate #3: Remove damaged handrail and install temporary handrail in place of damaged handrail for safe access. Remove Damaged Handrail 400 if @ $19.00 /lf $ 7,600.00 General Corotrualion: Pie Driving Foundulion • Marine • Shoring • Ha:Mat Lkwm 8709151 Add Alternate #4: Supply new stringer material 70 ea stringers. Supply Stringer Material including blocking and drifts for $ 22,350.00 Add Alternate #5: Install timber stringers supplied in add alternate 44. Install Stringers 70 ea @ $565.00 /ea $ 39,550.00 Add Alternate #6: Supply and install temporary plywood walkways (4 foot wide) for inspection access over existing stringers (no handrail included). Temporary Walkways 400 if @ $34.75/lf $ 13,900.00 Total $417,090.00 John S. Meek Company is an experienced timber pier contractor. i We have performed several successful projects on the Seal Beach Pier as well as on many other timber piers in Southern California. Due to our expertise in the field, we currently have multiyear emergency on call contracts for repairs at Santa . Monica Pier and Ventura pier. During the 2015 -2016 storm season John S. Meek Company made repairs (including timber demolition) to Malibu Pier, Ventura Pier, Paradise Cove Pier and Redondo Beach Pier. Our crews are experienced in the work required to i safely and efficiently complete projects on timber piers. We also have our own specialized equipment for safe access to the ends damaged and dilapidated marine structures. Finally, John S. Meek Company has the knowledge and experience to work in these environmentally sensitive areas. As of the date of this quotation, we have crews and equipment available to start work immediately. Additionally, if requested, we have the capability to do any temporary or permanent repairs to the Seal Beach Pier including timber pile repair, brace repair and stringer and deck replacement. If you have any questions, please call. Sincerely, )mes F. lk Vice President JFJ:jj Cc: David Spitz (dspitz @sealbeachca.gov) IM I YOUNG f A :tiilrror,arrs Project Seal Beach Pier Job Walk INSURED: City of Seal Beach LOSS NAME: Seal Beach Pier- Ruby's Restaurant LOSS LOCATION: Seal Beach Pier, Seal Beach, CA TYPE OF DAMAGE: Fire DOL:05123/2016 Date and Time: Friday 5/27/2016, 1:00 pm Attendees - Ron Elbling - Vericlaim, Seal Beach representatives - Jon Traw Building Official and David Spitz Associate Engineer - Contractor Representatives; Rick Labella - ATI, Jonathan Bymel - Belfor, Mark Della Giustina - Cotton, James F Jilk - John S. Meek Co. Prepared by RDP Page 1 of 1 A Scope of Work - The selective demolition and clean -up shall be bid in accordance with the following: 1) All labor shall be billed, tracked and report at prevailing wage rates. 2) All the work shall be performed in accordance with the rules, regulations and Best Management Practices (BMP) (attached) governing work for the City of Seal Beach, National, Maritime, State of California and Local regulatory agencies, including the County Air Quality Management District, and Regional Water Quality Control Board. 3) USLBC insurance requirements may apply under the Longshore and Harbor Workers Compensation Act for the work on the pier and in open waters. The costs of coverage should be included within your bid. 4) Working hours 7:00 am - 5:00 pm Monday through Friday. 5) Notes and directions provided in these bid instructions. 1 Remove and ispose of all three of the buildings building components and debris related to the damaged buildings as a result of the fire, (1) restaurant, (2) bait shop and (3) storage buildings, including concrete foundations. 2 Contractor to provide all the labor, materials and equipment to remove the three (3) lighting poles at the end of the pier. 3 Contractor to provide all the labor, materials and equipment associated with the selective demolition scope of work. Contractor shall supply all the roll -offs, dumpsters and storage of staged materials, equipment and tools in the parking lots as shown on the aerial view provided (See the attached Structural Safety Assessment Inspection Report; Seal Beach Pier 2015) . 4 The contractor shall provide temporary fencing, temporary toilets, storage units with security necessary to safeguard the contractors tools, material and equipment from public in the designated area provided by the City of Seal Beach for the project. Base costs on an area in the west parking lot. 5 The selective demolition will include the demolition of the electrical service equipment and sewer pump equipment and wet well located below the surface of the deck. The Southern California Edison (SCE) transformer to remain for removal by SCE. Contractor to provide coordination with SCE for the removal of the SCE transformer. 6 The contractor shall provide temporary generator power, fuel, cords and distribution equipment necessary to provide power for all tools and equipment to perform the selective demolition scope of work. 7 The contractor shall provide the costs for all necessary parking for employees and subcontractors. Decking and Stringers B Provide unit costs for the removal of at approximately 4250 square feet of decking and 70 Stringers. 1 Provide a unit cost for the removal of the approximately 4250 square feet of 4" x 12" wood decking and spike type fasteners, (70) - 4" x 16" stringers and removal of the damaged wooden hand railing, the area to be determined by the structural engineer (see attached M &N Structural Engineering Report dated May 24, 2016). Prepared by RDP Page 1 of 1 Construction Phase Best Management Practices Seal Beach Municipal Pier, Debris Removal The following items are to be followed at all times during the mobilization, construction, debris removal and demobilization on the City of Seal Beach Municipal Pier for all phases of work • All trucks hauling loose materials on surface streets will be covered or required to maintain at least two feet of freeboard. Spillage resulting from hauling operations along or across any public traveled way will be removed immediately. • All equipment shall be inspected for leaks immediately prior to the start of construction operations, and regularly inspected thereafter until project completion. Vehicles and equipment with leaks shall not enter the project/beach area. • All equipment engines will be maintained in good condition, in proper tune (according to manufacturer's specifications), and in compliance with all State and Federal requirements. • Equipment shall be cleaned and repaired (other than emergency repairs) at lease 500 feet from high tide line. • All operations shall be conducted in compliance with County Air Quality Management District requirements. • Trash and other debris encountered during debris removal, demolition and clean -up shall not be disposed of in the ocean, but will be disposed of off -site at an approved landfill. • Tarps under the pier will be required prior to any debris removal, demolition and/or cleanup work in order to catch any material that falls off or through any openings in the pier surface. • Small material (sand, dirt, dust, ash, etc.) shall be vacuumed up and placed into bags or containers and not swept off of the pier. • Discharges to the ocean shall be reported to the Regional Water Quality Control Board immediately upon discovery. A written discharge notification must follow within 7 days. Follow the spill reporting procedures in the SWPPP. • Place a stockpile of spill cleanup materials where it will be readily accessible from the construction site. • Use drip pans and absorbent materials for equipment and vehicles and ensure that an adequate supply of spill clean up material is available. • Drip pans should be placed under all vehicles and equipment placed on docks, barges, piers and other structures over water bodies when the vehicle or equipment is expected to be idle for more than one hour. • Secure the job site and all materials to prevent discharges to receiving waters via wind. • All floatable debris and trash generated by construction activities within the project area will be retrieved and disposed of at the end of each working day. • All construction debris will be retrieved from the ocean floor and disposed up at the end of each working day. \.li Structural Safety Assessment Inspection Report; Seal Beach Pier 2015 instances of minor to moderate cracks and delamination on the Greenheart deck boards (24 cases). If the above repairs are done within the suggested timeframe, the next inspection is recommended to take place five years hence. If the recommended repairs cannot be done within the proposed timeframe, an inspection in 3 years should be undertaken to determine the status of items listed above with respect to further deterioration. 6 STRUCTURAL CAPACITY RATING Previous analyses by Moffatt & Nichol and Han - Padron Associates concluded the pier has the capacity of H10 loading. Per AASHTO this constitutes a 20,000 lb vehicle with max rear axle load of 16,000 lbs. The deck upgrade with the Greenheart planking provides a stiffer and stronger decking than the Douglas fir decking. There may be some redistribution of wheel loads available under a permit load analysis. However per code, the general distribution of loads would not be affected. Hence the rating remains the same. Based on the inspection results, we do not believe any change in capacity rating is warranted and rating should be limited to H10 or equivalent vehicles. That being noted, the lack of bolts attaching the new decking to the stringers in some places limits the deck's ability to redistribute the loads under code or special analysis. These missing bolts need to be replaced before the deck could generally be considered good for H10 rating. 7 REPAIR COST ESTIMATES Estimated Probable Construction costs are provide for two projects corresponding to the recommendations in Sections 5.1 and 5.2. Section 5.3 Future Repairs are not estimated. Class 3 cost estimates were prepared in accordance with the American Association of Cost Engineering, AACE International (AACE 2003) by a certified cost engineer. At this level, the expected accuracy of the estimate is between 10% and 20 %. California Prevailing Wage rates are used for determining labor costs. The cost estimate for each project includes construction costs in current US dollars plus 10% contingency to cover the lower range of the estimate 15 STRUCTURAL SAFETY ASSESSMENT INSPECTION REPORT SEAL BEACH PIER 2008 5 STRUCTURAL CAPACITY RATING Previous analysis by Moffatt & Nichol concluded the pier has the capacity to for H10 loading. (ASSTHO 20 kip vehicle with max rear axle load = 16 kips) This was approximately the same result estimated by HPA in the 2002 assessment report (Appendix E) which indicates an axle load capacity of 18.5 kips = 1-111.5. The deck upgrade under the current program provides a stiffer and stronger decking than the historic Douglas Fir decking; however, code distribution of loads would not be affected, hence the rating would be the same. Based on the inspection results, we do not believe any change in capacity rating is warranted and rating should be limited to H10 or equivalent vehicles. 16 May 24, 2016 3780 Kilroy Airport Way, Suite 600 Long Beach, CA 90806 (562) 426 -9551 Fax(562)424 -7489 'NNW Talattmcncl.aom, City of Seal Beach City Hall 211 Eighth Street, 2nd Floor Seal Beach, CA 90740 Attn: Mr. David Spitz Associate Civil Engineer Subj: Post -Event Assessment Report Seal Beach Municipal Pier M &N File 7073 -01 Dear Mr. Spitz, On May 20, 2016, a major fire brok t onseaw Pier. In an effort to assess d�a %%%%yr g used by representatives, along with tt Nicho N) Crumpley, observed the fir a e from th 'ier c , a way of a lifeguard vessel th g of IA I 6. or platform of the Seal Beach arious City of Seal Beach Structural Engineer, James s well as the water surface by Objective The objective of Difort 4 ermine the extent of damage to the Seal Beach Pier caused by the fire, to dete f remedial attention was necessary, and to recommend stabilization measure Mined to be necessary. See the following page for a partial framing plan for orm. sa� Observe4E~ions Top s' a ob tions: From Bent 76, the start of the end platform, to beyond Bent 79 th a in is heavy charred as well as stringers that were visible through holes or spaces n eck planks. The fire totally destroyed the restaurant building and gutted the old a shop building. Although the bait shop building did not collapse, it is not geable. While the electrical enclosure was destroyed, the SCE transformer remains in place. The sewer pump station wet well also remains in place with heavy charring of the surrounding timber. ® ®D® N1 2� J. Y� V] F c lftk 0 Photo 1: Destroyed Buildings E Platform o Transformer & Bent 77 Deck Area o� There werr,^rNHWxtures on the end platform. While the light standards survived the luminaire estroved. R ' F kIIIIIIIIIIII 3 Photo 3: Destroyed Waterside observations: Due to the cl and observance of individual member to the deck edge. At the eastern en Is less visible charring of the mem r have charring near the top as r braces are either burned or ro P area and conductors are ha i a deck, some conduits Wifte meltei �o r, its ver dark under the pier except those close mbers are charred. There i of the pier. Some piles astic pile wraps. Many cross been burned away in the fire ide of the charred area of the a significant sag. Photo 4: Easterly End of Bent 77 4 .%k Assessment 1. Approximately 4250 square feet of decking along with approximately 65 supporting stringers have been fire damaged. The amount of pile cap that may need to be replaced due to fire damage cannot be determined until the burned buildings and decking has been removed. At that time an evaluation of individual pile caps can be made. It is doubtful that any pile caps have been damage enough to be in danger of failure based on the size of the members an duration of the fire. 2. The stringers, on the other hand, because they ate much thinn have sustained enough loss of section to be vulnera collapse o erate loads. Additionally, the stringers may not let transfe i fi t wave loads from bent to bent. If this is the case th outer tw n t have less damage could become unstable during sto the 6ng g stringers fail. It is necessary to maintain strutting rty the s at all times for storm wave resistance. ♦ o 3. While there is charring capacity which is deterr four inches smaller. Ho distorted, the wrap 4. Although capacity , rli top of piles ilot affect the ultimate pile he soil the pile diameter is two to where e p wrap on the piles has melted or fun illk 3rme emains, due to the uncertain remaining Mural members, the transformer should be S. The sewer wet well'koN also be removed as soon as practical as the supporting connections promised by the charring of the timber. Recomme c M &N recore `s the following actions be taken: 7ave emove all building debris and remnants. ss �the SCE transformer and switchgear removed. emove the sewer pump wet well. ve 4. Remove all charred decking material. hd®q 5 5. Remove fire damaged stringers. Maintain two stringers with only minor damage, or Install two new stringers, for strutting action at each pile row. Damaged stringers retained for strutting to be replaced during full restoration. 6. Once fire damaged decking and stringers are removed and pier is stabilized, provide access pathways to pile caps for assessment. 7. Replace all charred, split, broken and missing cross braces. 8. Melted and distorted pile wraps should be repaired if possible or replaced if necessary to restore the desired wrap functionality. 9. Light standards should be removed and inspected for structural damage reusable, all electrical components should be replaced. We appreciate the opportunity to provide service for the Ity of Seal Bea look forward to helping the City restore full use of the pier.. RI@Afeel free V00 - eat (562) 426 -9551 or lcrumnley0moffattnlchol.com wit qu ions. Sincerely, ® /1 ✓✓ MOFFATT & NICHOL James R. Crumpley, S.E. ^ ^� Project Manager b,1, 6 e +; f ,tom - I �.1 X2016 Goog to l_1 Google. earth 33'44'07.82" N 118006'32.50" N: elev 36 ft eYe al[ 340 k Q =-AIA Document A312 TM -2010 Performance Bond CONTRACTOR: (Name, legal status and address) John S. Meek Company, Inc. 14732 So. Maple Avenue Gardena, CA 90248 OWNER: (Name legal status and address) City of Seal Beach 211 8th Street Seal Beach, CA 90740 CONSTRUCTION CONTRACT Date: SURETY: (Name, legal status and principal place of business) SureTec Insurance Company & Argonaut Insurance Company, as Co- Sureties 3033 5th Avenue, Suite 300 San Diego, CA 92103 Amount: Four Hundred Seventeen Thousand Ninety Dollars and Zero Cents ($417,090.00) Descripatinornt: (Ngme Ii P lt ea Beac tlocer ptioue amage Demolition 900 Ocean Avenue Seal Beach, CA 90740 ITi ILTG1 Date: July 1, 2016 Amount Four Hundred Seventeen Thousand Ninety Dollars and Zero Cents ($417,090.00) Modifications to this Bond: ® None ❑ See Section 16 CONTRACTOR AS PRINCIPAL /SURETY Company: (Corporate, al) Comp�1any: (Cc John S. Mee Company, I c. Sure cc Insurance Company r ArgonautIn u ante ompan Signature: .� Signature: Name John S. Meek Name Melissa Lopez and Title' president and Title: Attorney -in -Fact (Anv ad nal signatures appear on the last page of this Performance Bon (FOR INFORMAT ION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Performance Bonding (Architect, Engineer or other parry:) Surety & Insurance Brokerage 15901 Red Hill Ave., Suite 100 Tustin, CA 92780 (714) 824 -8364 Bond No.: MMC0029891 Premium: $6,006.00 Annual This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312 -2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. Seal) Sureties - Init. AIA Document A312TM — 2010. The American Institute of Architects. This document was created on 02/28/2012 11:24:44 under the terms of AIA Documents-on-Demand TM order no. 2008406923, and is not for resale. This document is licensed by The American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. 061010 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section J. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 if the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surely proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Init. AIA Document A312i- —2010. The American Institute of Architects. This document was created on 02/2812012 11 24 44 under the terns of AM Documents-on- Demari order no. 2008406923, and is not for resale. This document is licensed by The American Institute of Architects for one -time use only, and may not be reproduced poor to its completion. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. § 6 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations tinder this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in thejurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so famished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor tinder the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Init. At Document A312'" — 2010. The American Institute of Architects. This document was created on 02/2812012 11'.24'.44 under the terms of AIA Documents -on- Demand— order no. 2008406923, and is not for resale. This document is licensed by The American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: Init. At Document A3121" — 2010. The American Institute of Architects. This document was created on 02/28/2012 11:24:44 under the terms of AIA Documents- on- DemandTM order no. 2008406923, and is not for resale. This document is licensed by The American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County o Orange ) On JUL G U 12016 before me, E. M. Bell, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Melissa Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/m subscribed to the within instrument and acknowledged to me that he /she /t(wexecuted the same in UK/her /Reauthorized capacity(ies), and that byftX/her /t )MXsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. E. M. BELL COMM. # 2151184 i i NOTARY PUBLIC CALIFORNIA 3 3 LOS ANGELES COUNTY My camm, expires Apr. 29, 2020 It Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F1 Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association - www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas, and the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois, do hereby jointly nominate, constitute and appoint: Melissa Lopez, Christina Johnson, Erik Johansson Their true and lawful agent(s) and attorney(s) -in -fact, each in their separate capacity if more than one is named above, to make, execute, seal mid deliver for and on their own behalf, individually as a surety orjointly, as co- sureties, and as their act and deed any and all bonds and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Boards of Directors of SureTec Insurance Company and Argonaut Insurance Company: $30,000,000 'RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and decd of the Sure '1 "ec Insurance Company and Argonaut Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto IN WITNESS WHEREOF, Argonaut Insurance Company and SureTec Insurance Company have caused their official seals to be hereunto affixed and these presents to be signed by their duly authorized officers on the 9th day of June, 2014. SureTec Insurance Company lly: John ox Jr: hairm:m S CEO STATE OF TEXAS COUNTY OF HARRIS SS: Argonaut Insurance Company .f,2Z By Joshua C. Betz, Sr. Vice President On this 9th day of June, 2014 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, and who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, deposed and said that they are the officers of the said Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals mid their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said corporations, mid that Resolutions adopted by the Boards of Directors of said Companies, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. KATHLEEN M MEEK '- �(�fy3� NOTARY PUBLIC Q.0 1LLlrl `rr� • `�- y STATE OF TEXAS MY COMM.E P.. O]- 15 -20t] (Votary Public) We, the undersigned Officers of Sure Fec Insurance Company and the Argonaut Insurance Company do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the day of JUL U 1 2016 SureTee Insurance Compan} Argonaut Insurance Company M. Brent Beaty, Assistant Seere ary Sarah Heineman, VP- UnderwTitina Surety THIS DOCU ilENT IS NOT VALID UNLESS THE "JOINT POWER OF ATTORNEY" WATERMARK IS VISIBLE IN LIGHT BLUE. IF YOU HAVE QUFSJ70NS ON AUT FENTICTEY OF THIS DOCUMENT CALL (713) 812 -0800 (SureTec) or (210) 321 -8400 (Ai gunai Q. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A. .r.T a A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On / before me, Anna Lisa Paila, Notary Public Data Here Insert Name and Title of the Officer personally appeared Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(a) whose name(sy is /,ire subscribed to the within instrument and acknowledged to me that he /atfe /they executed the same in his /hef /theif authorized capacity(ies), and that by his /ber /therr 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. ANNA LISA PAILA WITNESS my hand and official seal. Notary Public - California < -i Los Angeles County ^ i Commission # 2149290 Signature / _ My Comm. Expires May 202 - - Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association - www.NationalNotary.org - 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 :, A A ® TM _ -_ Document A312 2010 Payment Bond CONTRACTOR: (Name, legal status and address) John S. Meek Company, Inc. 14732 So. Maple Avenue Gardena, CA 90248 OWNER: (Name legal status and address) City or Seal Beach 211 8th Street Seal Beach, CA 90740 CONSTRUCTION CONTRACT Date: SURETY: (Name, legal status and principal place of business) SureTec Insurance Company & Argonaut Insurance Company, as Co- Sureties 3033 5th Avenue, Suite 300 San Diego, CA 92103 Amount Four Hundred Seventeen Thousand Ninety Dollars and Zero Cents ($417,090.00) Plr8ki[114location) Seal Beach Pier Fire Damage Demolition 900 Ocean Avenue Seal Beach, CA 90740 BOND Date: July 1, 2016 Amount Four Hundred Seventeen Thousand Ninety Dollars and Zero Cents ($417,090.00) Modifications to this Bond: None ❑See Section 18 CONTRACTOR AS PRINCIPAL SURE Company: o any: t rate Seal) (Cnrpppor [e al), e ec Insnce Co% John S. Me Comp/a�y, ync rgonaul I a , a C o -Su ties Signature: t,/ Signature: Name John Meek Name Melissa Lopez and Title: president and Title: Attorney -in -Fact (Any addi al signatures appear on the last page of this payment Bond.) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Performance Bonding (Architect, Engineer or other party:) Surety & Insurance Brokerage 15901 Red Hill Ave., Suite 100 Tustin, CA 92780 (714) 824 -8364 Bond No.: MMC0029891 Premium: Included in cost of Performance. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312 -2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. Init. AIA Document A3121- — 2010. The American Institute of Architects. This document was created on 02/28/2012 11:24:44 under the terms of AIA Documents -on- Demand— order no. 2008406923, and is not for resale. This document is licensed by The American Institute of Architects for one -time use only, and may not be reproduced poor to its completion. Woo § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non - payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non - payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to famish a written notice of non - payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 72, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Init. At Document A812 -- 2010. The American Institute of Architects. This document was created on 02128/2012 11:24:44 under the terms of ALA Documents- on- DemandTM order no. 2008406923, and is not for resale. This document is licensed by The American Institute of Architects for one -lime use only, and may not be reproduced prior to its completion. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf Of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms `labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. AIA Document A312--2010. The American Institute of Architects. This document was created on 02128/2012 11:24:44 under the terms of AIA Documents -0n - Demand*"' order no. 2008406923, and is not for resale. This Document is licensed by The American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows (Space is provided belch for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: Init. At Document A312T" — 2010. The American Institute of Architects. This document was created on 02/28/2012 11:24:44 under the terms of AIA Documents -on- Demand'" order no. 2008406923, and is not for resale. This document is licensed by The American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § I 189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of U On JUL 0 1 2016 before me, E. M. Bell, Notary Public _ , Date Here Insert Name and Title of the Officer personally appeared Melissa Lopez Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/xm subscribed to the within instrument and acknowledged to me that he /she /tttej4(executed the same in UWher /Rxe xauthorized capacity(ies), and that by)Nx(her /#AAXsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. �i E. M. BELL COMM. # 2151184 NOTARY PUBLIC CALIFORNIA LOS ANGELES COUNTY - MyComm. expires Apr .29,2020 it 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. 7 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer Is ❑ Guardian or Conservator Representing: 02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company. a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas, and the Argonaut Insurance Company, a Corporation duly organized and existing under the Imes of the State of Illinois and having its principal office in the County of Cook, Illinois, do hereby jointly nominate, constitute and appoint: Melissa Lopez, Christina Johnson, Erik Johansson Their true and lawful aeent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety orjointly, as co- sureties, and as their act and deed any and all bonds and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: This Power of Attomev is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Boards of Directors of SureTec Insurance Company and Argonaut Insurance Company: $30,000,000 "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Argonaut Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto.' IN WITNESS WHEREOF, Argonaut Insurance Company and Sure fec Insurance Company have caused their official seals to be hereunto affixed and these presents to be signed by their duly authorized officers on the 9th day of June, 2014. SureTec Insurance Company )3y: J ohm l ox I,. hmrman I CEO STATE OF TEXAS COUNTY OF HARRIS SS: Argonaut Insurance Company By Joshua C. Betz, Sr. Vice President On this 9th day of June, 2014 A.D,. before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified. came THE ABOVE OFFICERS OF THL COMPANIES; more personally known to be the individuals and officers described in, and who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, deposed and said that they are the officers of the said Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said corporations, and that Resolutions adopted by the Boards of Directors of said Companies, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. t""• °yYr KATHLEEN M MEEKS NOTARY PUBLIC STATE OF TEXAS lO• MY COMM. EXP. 07 -15 -2017 (;ata{v Public) We, the undersigned Officers of SureTec Insurance Company and the Argonaut Insurance Company do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seats of said Companies, on the day of JUL 0 1 2016 SureTec Insurance Company Argonaut Insurance Company 9P M. Brent Beaty, Assistant Secre ary Sarah Heineman, VP- UnderwTaing Surety TIIIS DOCUMENT IS NOT VALID UNLESS 1BE "JOINT POWER OF ATTORNEY" WATEWNIARR IS VISIBLE IN LIC14T BLUE. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUNIENT CALL (713) 812 -0800 (Surre'Fec) or (210) 321 -8400 (Argonaut). CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On 20 before me, Anna Lisa Paila, Notary Public Date Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose name(a) is /,w subscribed to the within instrument and acknowledged to me that he /Sire /twey executed the same in his /her /thdr authorized capacity(ies.), and that by his /h6r /tbelr signature* on the instrument the person*, 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. ANNA LISA PAILA WITNESS my hand and official seal. Notary Public - California i Los Angeles County s = Commission x 2149290 Signature M Comm. Expires May 14, 20209 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907 . y A� O CERTIFICATE OF LIABILITY INSURANCE DATE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, s /zs /zo,s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED; subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Venbrook Insurance Services CA Lic OD80832 6320 Canoga Avenue, 12th Floor Woodland Hills, CA 91367 CONTACT NAME: PHONE FA% (AID. No Eat: 818 -598 -8900 ac No: 818- 598 -8910 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAICY 830- 101915 -8 INSURERA: United States Fire Insurance Company A XII 21113 www.venbrook.com INSURED John S. Meek Company, 14732 South Maple Avenue ue INSURER B: Liberty Mutual Insurance Company AXV 23043 INSURERC: Star Stone National Insurance Company A- XI 25496 INSURER D: Endurance American Insurance Company A XV 10641 Gardena CA 90248 INSURER E PREMISES Ea occurrence $ 50,000 INSURER F MED EXP(Any one person) $ 5,000 COVFRAGFS CFRTIFICATF NIIMRFR- 1n9R7n77 RFVISIr1N NIIMRFP- 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. INBR LTR rypE OF ADDLSUBR POLICY NUMBER POLICY Err MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY ✓ 830- 101915 -8 2/1/2016 2/1/2017 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR PREMISES Ea occurrence $ 50,000 ✓ MED EXP(Any one person) $ 5,000 BFPD /XCU /OCP Contractual PERSONAL B ADV INJURY S 1,000,000 ✓ AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE S 2,000,000 GEN'L POLICY M jET LOG PRODUCTS - COMPIOP AGO $ 2,000,000 $ ✓ OTHER: $25,000 Deductible B AUTOMOBILE LIABILITY BAW(17)55924111 2/1/2016 2/1/2017 OMBI tlEDtSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ ✓ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED ✓ AUTOS ONLY ✓ AUTOS ONLY $ ✓ comp $1,00D ✓ Coll $1.000 D UMBRELLA LIAR �/ OCCUR OMX10008514600 2/1/2016 211/2017 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 ✓ EXCESS LIAR CLAIMS -MADE DED I I RETENTION$ $ • WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANVPROPRIETORIPARTNERIEXECUTIVE YIN OFFICERIMEMBER EXCLUDED? ❑N NIA T10160132 1/1/2016 1/1/2017 I/ STATUTE ER E L EACH ACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYEE § 1 QQQ QQQ (Mandatory in NH) It yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT § 1,000,000 • USL 8 H /Jones) 710160132 1/1/2016 11112017 Ea. Ace 1M Dis /Empl 1M /1M DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: Seal Beach Municipal Pier - 900 Ocean Avenue, Seal Beach, CA 90740 Seal Beach, Its officials, officers, employees, volunteers and agents, are added as Additional Insured under the General Liability Liability policy if required by written contract with the Named Insured but only for coverages and limits provided by the policy and the additional insured endorsement. '10 Days Notice of Cancellation for Non - Payment of Premium, 30 Days All Others. CERTIFICATE HOLDER CANCFI I ATION City of Seal Beach, a charter city (City) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 211 8th Street ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach 90740 AUTHORIZED REPRESENTATIVE (WH) Alba De La Cerda ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 30CB7077 1 16 -17 GL /AL /EX /WC I (WH) Gabricia Covarrubias 1 6/29/2016 2:26:53 PM (PDT) I Page 1 of 3 Y ACORa CERTIFICATE OF LIABILITY INSURANCE DATE IMM DDIYYYV) �� 6/29/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Venbrook Insurance Services CA Lic OD80832 6320 Canoga Avenue 12th Floor Woodland CA 9 1367 CONTACT NAME PHONE FAX uc ND Est) 818 -598 -8900 ac of 818 - 598 -8910 Hills, EWAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIL k INSURERA: Underwriters at Lloyds of Landon 15792 www.venbrook.com INSURED John S. Meek Company, Inc. 14732 South Maple Avenue INSURER 8: INSURER C: INSURER D: Gardena CA 90248 INSURER E $ INSURER F: $ COVERAGES CERTIFICATE NUMBER: InAA712R REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR Lm rypE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO PREMISES Ea occurrence $ MED EXP (Any one permn) $ PERSONAL B ADV INJURY $ AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ GEN'L POLICY M JET F] LOC PRODUCTS - COMPIOP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per acadenp 5 PROPERTY DAMAGE Per accident $ HIRED NON OWNED AUTOS ONLY AUTOS ONLY $ UMBRELLALIAS OCCUR EACHOCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ $ WORKERS COMPENSATION ANDEMPLOYERS'LIABIUDY YIN PER OTH- STATUTE ER E. L. EACH ACCIDENT $ ANYPROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ NIA E. L. DISEASE EA EMPLOYEE $ (Mandatory in NH) If yes describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liability PGIARK06286 -00 61412016 6I4I2017 $1,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Seal Beach Municipal Pier - 900 Ocean Avenue, Seal Beach, CA 90740 " EVIDENCE OF INSURANCE " 10 Days Notice of Cancellation for Non - Payment of Premium, 30 Days All Others. CERTIFICATE HOLDER CANCFI I ATION City of Seal Beach, a charter city y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 211 8th Street ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach CA 90740 AUTHORIZED REPRESENTATIVE (WH) Alba De La Cerda ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 30687126 116 17 Prof. Liab I (W 1 Gabfiela Covarrrn iss 1 6/29/2816 2:28:58 PM (PDT) I Page 1 of 1 d CRUM & FORSTER A member or the lrum 6 rorster Lnterprlse Endorsement No.: Policy No.: Effective Date: 830 -10 915 -8 2/1/2016 Insured: John S. Meek Company, Inc. The above information is to be completed only if this form is endorsed after policy inception. Endorsement to the Marine General Liability Coverage Part BLANKET ADDITIONAL INSUREDS AND WAIVERS OF SUBROGATION In consideration of the premium charged and subject to all terms, conditions and warranties contained in this policy, it is agreed that: 1. Section II - WHO IS AN INSURED is amended to include as an additional insured, with waiver of subrogation if required, any person or organization whom you are required to add as an additional insured on this policy under: a. A written contract, or b. An oral agreement or contract where a Certificate of Insurance has been issued showing that person or organization as an additional insured, but the oral agreement or written contract must be: (1) An "insured contract" (2) Currently in effect or becoming effective during the term of this policy; and (3) Executed or agreed to prior to an "occurrence' that gives rise to a claim or "suit" Such person or organization is an additional Insured only with respect to liability arising out of work and /or operations performed in connection with the relevant contract or agreement with said additional insured. When required by a written contract or agreement between you and the additional insured, as shown on a Certificate of Insurance provided to us, coverage afforded by this policy shall be primary and non - contributory. 2. Where a contract or agreement for the lease or rental of premises obligates you to add the manager or lessor of such premises as an additional insured, such manager and /or lessor is an additional insured only with respect to their liability arising out of the maintenance, operation or us by you of that lease premises. This insurance does not apply to: a. Any "occurrence" which takes place after you have cease to lease or rent the premises b. Structural alteration, new construction or demolition operations perform by or on behalf of such additional insured. 3. Where a contract or agreement for the lease or rental of equipment obligates you to add the lessor of such equipment as an additional insured, such lessor is an additional insured only with respect to its liability arising out of the maintenance, operation or use by you of that leased equipment. This insurance does not apply to: a. Any "occurrence" which takes place after the equipment lease expires. 4. When an additional insured is a partner or member of a partnership, joint venture, or limited liability company, this policy will only respond for liabilities insured hereunder for an amount not exceeding the additional insured's participation in such partnership, joint venture or limited company. Blanket Additional Insured MGL 301.01.15 10607077 116 -1] GL /AL /EX /NC I M) Gabrieia 1 6/29/2016 ]:26'53 r'M (PM I Page 2 of 3 � ., CF CRUM & FORSTER A member of the (rum & Forster E111q vise 5. The inclusion of an additional insured under this insurance does not: a. Increase any of the limits of insurance set forth in Section III —LIMITS OF INSURANCE. b. Obligate us to send notice of cancellation or change of coverage to an additional insured. c. Apply to an "insured contract' entered into by the additional insured. 6. Insurance afforded to an additional insured under this policy shall not exceed the coverage and /or limits required by the contract or agreement between you and any additional insured. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Blanket Additional Insured MGL 301.01.15 30007077 1 16 -17 GL/AL /EX /WC I (6m) cabrie:a covarrubias 1 6/29/2016 2:26:53 em (eoi) I Page 3 of 3