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HomeMy WebLinkAboutAGMT - American Deck Systems (SD 0901) • • American Deck Systems 8686 Production Ave., Suite A, San Diego, CA 92121-2207 • License#397738 Phone(949) 380-1393 • Fax(949) 380-8718 • www.americandecksystems.com September 17, 2009 City of Seal Beach Attn: Cesar Rangel 211 8th Street Seal Beach, CA 90740 Re: Concrete Forebay Seal Lining Project Uncontainable water issue Dear Cesar: Due to the uncontainable water coming through the concrete slab, it is not possible to install coating at the Forebay at this time. We have attempted to remove the water to allow installation of our coating by building sand bag dams, using water pumps and installing PVC pipe to control the flow of water. These efforts contained the water approximately 75%, but water is still coming up through the slab in areas for two weeks. Because the water table is higher than the Forebay floor, it will not be possible for us to stop the flow of water. We have also had the coating Manufacturer's Representative inspect the job site. Please see the attached letter from the Manufacturer's Representative which outlines his findings. Due to these unforeseen conditions, it is not possible to install coating at the Forebay at this time. If you are able to contain the water to allow installation of coating at the Forebay in the future, please let us know. At this time, we request payment of the costs and expenses we have incurred. Our costs are as follows: Bond Cost: $1,272.00 Adminstrative costs: 6 hours @ $40.00/hour = $240.00 Time for attempting to control the water: 45 man hours @ $60.00/hour = $2,700.00 TOTAL: $4,212.00 Respectfully, Page 1 of 2 DEX-O-TEX • TERRAZZO • EPDXY COATINGS • WATERPROOF COATINGS • BEAD BLASTING • • Robert Gutierrez General Manager RG/ktk Page 2 of 2 DEX-O-TEX • TERRAZZO • EPDXY COATINGS • WATERPROOF COATINGS • BEAD BLASTING • • • ' '4 ..7F; Scientifically SuperiorTM Technologies Dex-O-Tex Product Line September 17,2009 by Crossfield Products Corp. www.dexotex.com Robert Gutierrez West Coast Office American Deck Systems 3000 E.Harcourt Street Rancho Dominguez,CA 90221 Suite A Tel 310-886-9100 Fax 310-886-9119 8686 Production Ave. San Diego, CA 92121 East Coast Office 140 Valley Road Roselle Park,NJ 07204 Tel 908-245.2800 Fax 908-245-0659 Subject: City of Seal Beach, Fore-Bay Renovation Project RE: Unacceptable Site Conditions Performance Proven Since 1938 Manufacturers of.• Dear Robert; Decorative and Functional Commercial,Industrial and Institutional We have reviewed the site conditions at the above subject project where Dex-O-Tex materials Floors and Wall Coating Systems are specified to be installed to renovation the fore-bay. Chemical,Slip and Temperature Resistant Floor and Coating Systems The site conditions at the bottom of the assembly where the spillway empties into the drainage Electro-Static Dissipative and channel are not acceptable for a successful application. Conductive Flooring Systems There is an excessive volume of water draining through the joint where the spillway adjoins Underlayments,Waterproofing the drainage channel from the subterranean sources.The water is driven by hydrostatic Membranes and Repair Systems pressure through this joint and cannot be stopped by any surface applied negative side coating Promenade Roof Decking system or lining.Negative side application remedies must be used to provide a proper Parking Deck Surfacing waterproofing of the assembly before application of the renovation materials. and Sport Surfacing Systems Moisture Vapor Transmission In order to provide a successful long term installation of the renovation materials,the Mitigation Systems water migration in this location must be stopped.This is beyond the scope of performance characteristics for the specified materials. Once a proper waterproofing Marine Deck Coverings solution has been completed,work can commence on the project. If you have any further questions please don't hesitate to call. Thank you for your attention to this matter Winner of the Export pf Achievement Award. Presented by the President of the United steles Sincerely, Crossfield Products Corp. LEED®GREEN BUILDING CREDITS Dex-O-Tex thin.set ems epoxy, dbx terrazzo 4 beusedsothersystemscan be used with approved state- q3 or-the-M recycled glass idler sVass MO,Much can Steven Schroeder,CSI CDT cosbibste to LEED'Greeen en Building credits Vice President CROSSFIfD 'dexolex \PRODUCTS �� _'':? } ; i'i-:. -rk- -'K- .f. i ZI', �. t 's"i Y.f- v- -7,7. ,�,r'4tAY %,,. t r:r qs d:W.,s •- g T a-j J , .�.,,,f y 4}n �._ `\, 1-t-,�. r,:, r_:. t;, t 5 �, ' -� , � ft C �e �%: ? '-;, + S '1 :; ::: x1 .0 SEAL('`(,Xicf,i 4�y 44t1;'-;"7.1''4'.'+.�� STa-_r r- �� r ` (:)a Y* � �`.�t r � K t, y'�~ t .;-'�,� ,, \ C .y Aj°a�(�+,Q -y7 � � �� '`_ pRPOR 'S� 4 _ m. ty. tiph-�,� L: d n r i - ti ,1-, ',' A� '\C�.,. 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San Diego, CA 92121 Attn: Robert Gutierrez,General Manager RE:American Deck Systems Withdrawing from the Contract American Deck Systems (ADS) submitted a letter stating the inability to furnish and install a forebay lining coating as specified in the contract documents for Project No. SD0901 and has requested the City to accept termination of the contract agreement. The City has determined that it is acceptable to terminate the contract at this time and will release all bonds to the contractor without penalty.The City of Seal Beach has not received any product furnished and , installed at this time and,therefore,will not pay any costs incurred by the contractor in his/her attempt to furnish and install the product. . This letter formally serves as the City of Seal Beach's notification to ADS for termination of the contract. Please sign this letter and return the original signed copy back to the City. It has been a pleasure working with your company the past few months.Please feel free to call me at(562)43.1-2527 ext.1328 if you have any questions. S. ly, Acceptance ___.liffre.„4...c:bw,r_________ Cesar Rangel Robert Gutierrez,General Manager Assistant Engineer American Deck Systems Attachment: A.American Deck System's Letter • OFoRPOR'4�;cq��r, s�c 0 a v35o��a_fz; V �eFR 27#° ED (c, 1l 2110 MEM STREET BEACH,CALlF®[NIA 4MM0 www.ci.seal-beaeh.ea.us October 27, 2009 American Deck Systems 8686 Production Ave., Suite A San Diego, CA 92121 Attn: Robert Gutierrez, General Manager RE: American Deck Systems Withdrawing from the Contract American Deck Systems (ADS) submitted a letter stating the inability to furnish and install a forebay lining coating as specified in the contract documents for Project No. SD0901 and has requested the City to accept termination of the contract agreement. The City has determined that it is acceptable to terminate the contract at this time and will release all bonds to the contractor without penalty. The City of Seal Beach has not received any product furnished and installed at this time and, therefore, will not pay any costs incurred by the contractor in his/her attempt to furnish and install the product. ADS General Manager, Robert Gutierrez acknowledged and accepted the City's termination of the contract on the terms stated above in a letter dated September 28, 2009. A copy of that letter is attached. In order to complete its records, the City asks for a similar acknowledgment and acceptance below from ADS Secretary/Treasurer, Vikki J. Tyree. Please arrange for Ms. Tyree to execute both this letter and the duplicate original enclosed where indicated, and return one of the executed originals in the enclosed self- addressed envelope. The City thanks ADS for its assistance. Please feel free to call me at(562) 431-2527 ext. 1300 if you have any questions. Sincerely, •- tance David Carmany Tyree City Manager Secretary/Treasurer Attachment: A. City's Letter S7296-0001\1179914v1.doc - AN AGREEMENT FOR CONCRETE FOR Er AlY SEAL LINING PROJECT AT WEST END PUMP STATION CIP No0 SD0901 between • i0E SEAL` B �, F flo ey'a • * 16 Vr%, Qom, col cp` City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 American:Deck••Systems . 8686 . : production Ave., Ste. A , San . .CA• :92121 • THIS AGREEMENT is made and entered into this '26th day of May , 20 . 0 . ? by and between the City of Seal Beach, a California charter city ( "City "), and American :Deck systensa California ... • • • ( "Contractor "). Page D -26 RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the West End Pump Station Phase II, CIP No. SD0901 ( "Project "); B. WHEREAS, Contractor has submitted a bid to City for the Project dated 0 NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: AGREEMENT Contractor's Services. Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the 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. Contract Documents. The "Contract Documents" that comprise the agreement between the City and the Contractor are the: Notice Inviting Bids, Instructions to Bidders, Accepted Proposal, Non - Collusion Affidavit, Bid Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms for Check or Bond, Specifications, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, this Agreement, Exhibits attached to this Agreement, including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Worker's Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E) and Labor Law Requirements (Exhibit F) and any and all supplemental agreements executed amending or extending the work contemplated and that may be required to complete the work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Agreement. The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefore, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by Owner. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of the other Contract Documents, the provisions of this Agreement shall prevail. Effective Date. This Agreement is effective as of June 8, 2009 (the "Effective Date "), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. Payment. For performing and completing the work in accordance with the Contract Documents, Owner shall pay Contractor, in full compensation therefor, the contract sum set forth in the Bidding Schedule. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, famished or incurred for completion of the work as specified in the Contract Documents. Owner shall make payments Page D -27 to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. • Contractor's Personnel. All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor shall indemnify and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of city officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the work performed pursuant to this Agreement. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. Indemnification. Contractor's Duty. Contractor shall indemnify and hold the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees ") free and harmless from any and_all claims, damages, penalties, obligations, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including without limitation wrongful death, bid protests, and stop notice actions, in any manner arising out of or incident to the performance of the Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Further, Contractor shall appoint competent defense counsel, at Contractor's own cost, expense and risk,•to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of the Agreement that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Agreement. Contractor shall reimburse the City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City or the other Indemnitees. Page D -28 • Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. Survival. The provisions of this Section 5 shall survive the termination of the Agreement and are in addition to any other rights or remedies that Indemnitees may have under the Iaw. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Insurance. Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property and professional negligence which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subconsultants. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: Exhibit D-1: Additional Insured Endorsement - Commercial General Liability Exhibit D -2: Additional Insured Endorsement - Automobile Liability Exhibit D -3: Additional Insured Endorsement Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as defined below: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Professional Liability insurance. Contractor shall provide to City the standard form issued by the carrier. Minimum Limits of Insurance. Contractor shall maintain limits no less than as defined below: General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. Page D -29 Automobile Liability: $2,000,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. Deductibles and Self- Insured Retentions. Contractor shall inform City of any deductibles or self - insured retentions except with respect to professional liability insurance. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials which are not also limitations applicable to the named insured. For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials. Any insurance or self - insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials shall be excess of Contractor's insurance and shall not contribute with it. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's Liability. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by registered first class mail has been given to City. Each insurance policy, except for the professional liability policy, required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII unless waived in writing by City's Risk Manager. Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Liquidated Damages. Should the Contractor fail to complete the project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the Owner for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion - Page D -30 date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate $750 per working day. Such amount is hereby agreed upon as liquidated damages for the loss to the Owner resulting from the failure of the Contractor to complete the project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in Iieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The Owner shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. • Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Agreement. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211 8th Street Seal Beach, California 90740 Telephone: (562) 431 -2527 Fax: (562) 493 -9857 With a copy to: Public Works Director City of Seal Beach 211 8th Street Seal Beach, California 90740 If to Contractor: American Deck. Systems 8686 Production Ave.,. Ste. A _ San -Diego; CA 92121 • Telephone: 949 - 380 - Fax: 949 380 -871-8 - Non - Assignability: Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. Non - Waiver of 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 - Page D-3 1 , constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. Attorneys' Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including all attorneys' fees incurred in connection with such enforcement or interpretation. Construction. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations, or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. CITY OF SEAL BEACH CO '�1I, CTOjt: � ! • By: .-. B frt I i i � J City Manager I N. e , i . N v Tyree , : li i 'kJ it : r, Secr_; a /Trea ,t ; Attest: � / f / By: .�, /..., A.J. h ' e :. Iibiii M lir L Devine, City Clerk N . ! - : 1 , vikki J. 1Tyree Title: Secretary /Treasure Approved as to Form: By: 1 • Quinn M. Barrow, Ci ttorney • • Page D -32 EXECUTED IN 2 ORIGINALS • . Bond,No: 1000833571 BondPremiutn, INCLUDED PAYMENT BOND (LABOR AND MATERL•AM - KNOW ALL PERSONS BY - THESE PRESEN'T'S that; WHEREAS the•City of Seal Beach; has awarded•to . , . MAGNESITE SPECIALTIES..INC. dba AMERIAN DECK SYSTEMS . 8686 PRODUCTION AVE., STE. A , SAN DIEGO, CA 92121 - (1Vante,a14d.4.ddress teCoipxactor) C` e)g a coorrocr ttlie "cOroractl for the work described as fallo►vs `Canctte Forelay Seal j Proiect.at WestEnd Pump Statibmi CJP#.SD0901 • WHEREAS, Principal is,.requjred under the terms of the Contract smd.the California Civil ,Code to secure.* payment of claims .of laborers; mechanics, materiahnen, and .other *sent as.provided`by,law. 14OW; THEROOFE, we, the undersigned Principal, and ,,AMERICAN CONTRACTORS INDEMNITY COMPANY 601 S FIGUEROA ST LOS ANGELES, CA. 90017 , (Name and address ,of Surety) ("Surety") a duly, :admitted surety insurer under the laws.of the State of California; as Surety, ace .helcL and firmly bound unto the-Piiblic Agency in the penal sum,of FORTY TWO THOUSAND FOUR HUNDRED 00 /00 hollers' ($ 42,400 00 this amount.being• not less •than.fifty percent (50%) of the total contract price, in lawful money of the United States of America, •for•the payment of which sum weil"and "truly to be made, we bind ourselves, our heirs, executors, administ ators, •successors,- and•assigns, JOintly and 'severally, firrrily by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his; 'her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fall to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, With respect to work - or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil •Code so as to .give a right-of action to such persons or their assigns in any suit brought upon the bond. In case-suit brought - upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby Waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the Page D-37 0 0 r BOND NO.: 1000833571 . . p. flame of each corporate party being hereto affixed and these presents duly signed by its undersigned ‘represensitiVe(s)Ptirsnant to authority ofits Dated: JUNE 18, 2009 ._,: . n mA6, SI E SPEC' ;IES, INC. AMERICAN CONTRACTORS INDEMNITY COMPANY A d a ' ME ' N PECK ' „STEMS la . F4IMMIliriler - Y: ECRETARY / TR Br. ASURER *3 A EL HE EDIA, ATTORNEY IN FACT Its Its - (Seat) .(Seal) 'Note: This tioild Mitt liCdated,a11 be notarized, and evidence of theAuthoritrof any petsorksignitigas all must lie attached. Page D-38 ✓ • • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT cjS S.• :i!:>S:TS;c>C!'?S;cjS�c_i:: ?i; :Si;.jS!3S.�t;:jS:c�S: �ilc�S; �> c�S: c?S��S S, -c�S: ?S:c?S: �S:�?i S;� ?S;GjS!c�S aS;:�S:G�S:GTS!cjC:jS;.?i. �> ��S � <:c3S:Gli:.TS! �S;c].5,:� State of California County of LOS ANGELES On MIIIN 1 8 2009 before me, ROCHELLE A. HILL, A NOTARY PUBLIC Date Here Insert Name and Title 01 the Officer personally appeared ARIEL T. HEREDIA Name(s) of S&gner(s) who proved to me on the basis of satisfactory evidence to be the personA whose name.40 is/a'e subscribed to the within instrument and acknowledged to me that halshsAliiey executed the same in his,Wecir authorized capacity(+ee), and that by hisAlwAti air signature4 on the instrument the person44, or the entity upon behalf of which the person481 acted, executed the instrument. ROCHELLE A. HILL I certify under PENALTY OF PERJURY under the laws '67 Commission # 1634494 of the State of California that the foregoing paragraph is Notary Public - California I true and correct. : y Los Angeles County iwy Comm. Espires Jan 3,2o10 WITNESS my hand and official seal. Signature 7d. ikw 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 could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: / OQ7 5 7 Document Date: JUN 1 8 2009 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Partner — ❑ Limited ❑ General RIGHTTHUh18PRINT l'ttorney in Fact OF SIGNER ❑ Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: u4 'c/G�C�4 c%<��!G��!<��i4C�!G�G�4�G�� �4'c;c�✓4�:,f'�4�4' >< ��G' c /C•,t/fef' /f c/G� er4'e'G ex4 - c/4 •c> ©2007 National Notary Association • 9350 De Soto Ave , P.O. Box 2402 • Chatsworth. CA 91313 -2402 • mew NalronalNotery org Bern 85907 Reorder. Call Toll -Free 1- 800 -876 -6827 'I II0II I 1 , Il llll lfl I II VII 4 11411 I III ,�i _ '— == � — IIP dI liIIu I IIII . 11 1 1 �I IIIlIuIiIIFIl101i it R OF ATTO lyl1 11 U S S ,N�I�� , 11111111 AMERICAN= =_CONTRACTORS IND T � Y II' A 1 SU ED STATES RETY COMPANY PECIALTY INSIR U GIP IIW ▪ m III II r I I III I III 116 I�II�I RI �I�I �thII "i�l� °I� I{rTO A MEN BY THESE PROS ®N' I' :That American Contractors Indemnity Company, a California corpoation, tTrtitea Sates Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies "), do by these presents make, constitute and appoint: Frank Mester, Ariel T. Heredia, Tah Carazza, Michael Chalekson or Adam Feinberg ICI 1 I I Mil li r I _ ! ofiL Angeles, California I I �l I �, l I� 1.I V � — — c — - - IIIIIUI� II �6'� I ��Ill I . Ifl� I. IIII ql I I � more � Aone� �. s � named � �. I I � I its ue l ad !lawfulPA ttomey(s) -in cttt t irahe sepaae capacity if =tha -t=- above, with fulln r ad a ty IV ''II I Ihhereby conferred in its name, place stead, t e xecute, acknowledge and - d ver any d all bonds, recognizafl undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed * * ** *Three Million * * * ** Dollars ($ * *3,000,000.00 ** ). This Power of Attorney shall expire without further action on March 18, 2011. This Power of Attorney is granted under and by 'p III I . Ip llllllll6 NIII•Illui — authority oAthefoll er bowing resolutio s adopted y ll the Boards of Directors of the Companies•' III��II�I a-u — — ° IIII 1 1j111111111111. 111 fell IIII II�III� , 1 "11111111 d Ii is1i iL is1s ,IisI mill I f' I �11 - . Bt =uR o/uui,that th an President, any y III I , . �I As II I t I'i e- President, any Secr eta ry Ass sta t Se shall be and sted=wr = full= Up o and'a_uthonty to appoint any one orll nlNllll Ilslu l l ela ris I �rl4ttorne - - to re pa r tl l ent a l°u l d l actlffgr behalf of the Compa su6ectso-the follwing_ .- provisions Attorney -rn -Fact may be given full power and authority for and in the name of and on 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 rll�n e and sealed land effected the Corporate Secretary. m Ir �a�1• r1 1� 6 u1911 15 ry = _ AI an tc 111111111111 de 11111111 1111111 11 I 11 � e rt�R esolvf�i l that) t ie sign of any a- utl r a rt{ 1= teaToL re Company heretofore?or he�after- affixedtto any_ of attorney o r�an l l e iti r tifcate b signature or acsimlle�sl shalL=iie `vald anbinding upon th t y withl p III, thereto N rim it Ir I p IIAImnIIW "mIIWl1r ' — 4_ — w . -� I , d IIIIIIIIIIIIIIIIII'' I IIIIIII IHI an or'undertakin to which it is attac�Ied _ _ — — ' 111 11111111111 Id111111 IN WITNESS WI-IEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 15 day of July, 2008. II �' Rio - - - , A ° — �'� 1 11111161 I ! III � Ii IW IIIn � I II I AI�I p'II I��I WI I - _ — MERICAN_CONTRACTORS INDE�I 1 Y .!'O' I AN U I,IT S TATES SU j �R TY 'li'�M I I I U'.S. SPECIALTY INSILRMNCE = NNI .... II ,. ' 1 I lly ul pl��P'IIIVIIV6 II I 1 nI R YI Y ql ' �I I�l IIII - - = > _ ' �11�11 II I. Ndl I V 1 ,. 1 1 �1 ' 'i �Imll�� lil�1l 1 Corporate 'Seals � � iNln — _ — 3 WOW= t B � -- C = a ��,,,� ^ � SEAL � y b + y : ]. i ll; > a vt = Daniel P. Aguilar, Vice President i .- ... r !ILO �'� Im ICI � I , �` — M c = - . _ - 'W - _ Iglu 1 1 r" I 11 1 p C I I —= W W W 7M� ' �� I R' I' n n ' I� ' ,-- - 1 � „ , IIII AI� WI �41 II�uIW -! -.— _ - III I 1 I )1", III County of Los Angeles SS: _ — -' I II , � On this 15 day of July, 2008, before me, Deborah Reese, a notary public, personally appeared Daniel P. Aguilar, Vice President of .4 America Condors Indemnity Company Unlilted11Statlllels Surety Company and I U .S. Sp ialty Ilnsurance Company who_uroved= to_mec u •IIIIId11 I' " � 911 9h1 �UIii rrth bass of sfactory evidenci' f be Ithl I:II I, Ipl erS'lI I11 1 1 11 11 h • e name is subscribe to the w].th].n instrument and acknoW 1 fi=me ttia III dll IIdIIU' IIW IIII �IMI Illlhll 11111111 I I , I�glllll' 'IIIIINIII W l he =the s in his auth aI 111 1111 a . 0,1 the tll y hi s instr�umentI the person(s), or the°entity_upon=behalf f - .w *Iran j I :' 'I ' "IIIIIIIIIIIfl11111' 111111111 WIMIII�II' Cllilll — _ —.wh t acted, executed11d1 blhllhlllllhll�l11 1 11, _ — I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNSS � E I my hand and official seal. _ • (11111 Ii , IQi� IIwQII�I 1 � �'I� = c ° �' t st, IIII I IpIlIg1 I N I A Iln II„ g - NOr cry _.. Cditorria 1 I l 1 0 � q g I n 1 apure tl 11 I t/? c/ ZSea _ Ft -ton i►nse acount7 I III 1 I 111 Iiiml6l �I1I rli' 3 ° =g y ccrnnr esuwte.:xnt p I 111111 1111 1 11111 I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said_Companies, which is still in full fo l and effect; furthermore, the resolutions of the Boards of Directors, set out in n u • IIIN Ill]. 101 ' 1 I lya, Al -. hIPower•Eof Attorney are in full f ' ff' E. I A =t � 1 — — _ i t f Ili 1 1 I III Ilk I1 ii at l�l�ltl I'�4 I I ��I�i , os A l Illi, geles, Califo ° - -- I— In- W tness_W1].e eo , have hereunto t ha nd lf d ffi „d the seals of.sd 'Ilaom panes adi dt s1 _ -- d4y n'I II11ui Hi 11 ^'V.., *, AA - .� — of (� � �tXJ� — (:1F po Seals I��ppI = (\ w jijiii ' \ - - = _ IIII1111111 IIIII f� 'I�IIIIII, III 6 IB�nd 1`i �i(0,mm Ir J 7/ "=��WA• =-�KIL "' - Jeannie) Rim, A ssistant S ecre „o, 1111 111 ' II110110 W =sagt g i9to =� "wuNllhu111 1 Agency No. 901 A ° + � 1111111111111 _-- �- . - ....,,,,,,, mllulu6 .011111111111111116. 1k Aalllllllllllllluu, Milk %' ' t CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Sew) Oiey On TUne 2 v. , Z00 9 before me, K n/p-,tG Ps (Here insert name and title of the officer) personally appeared , a rc ; V T. Ty who proved to me on the basis of satisfactory evidence to be the persons) whose name() is /'dxe subscribed to the within instrument and acknowledged to me that ./she/they executed the same in Ilia/her/their authorized capacity(es), and that by his/her /their signature(*) on the instrument the persons,), 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. KORINA KRAMER 41111V4.7 Commission # 1592675 WITNESS my hand and official seal. , - ,i Notary Public - California \ San Diego County My Comm. Expires Jul 30, 200 • Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a - gonc / 000 83357 1 document is to be recorded outside of California In such instances, any alternative (Title or descnption of attached document) acknowledgment verbiage as may be punted on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i e certifying the authorized capacity of the signer) Please check the (Title or descnption of attached document contmued) document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document Number of Pages Document Date signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Pnnt the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct smgular or plural forms by crossing off Incorrect forms (i.e. ❑ Individual (s) be/she/ yr is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney -in -Fact w Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other } Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800 - 873 -9865 www.NotaryClasses.com JUN 2 2 2009 • • executed in 2 originals lyoncf1 o 1000833571 'Bond Retain $1272.00.00 .1111114RMit.BOlab MCISV+1Ntitit1101MISMS that tilliERR&Stl ice' bf lid - IALTIES INC. dba AMERICAN DEC S YSTEMS • • • _ 12 • ` fi , s t rtantamt. - Montmcniatilot 'r¢flsl l a$ 1074'. . WISR11114.Ptinoipal istreqtdied under thysietins ofte. Onnact to:ithishstienr1 for feint. NOW.'hEREFOIte tmdemigne(Pr and . .. AMFI I(AN CONTRACTORS INDFMNITY_COMPANY 601 S. FIGUEROA STREET - - -' QS ANGELES. CA 90017 and m df$prety) ninety" a dally admitted samelp insurer Inger the of the .State of CabTornla, as SurelY, are-hela and fig* `bounilamto the Ilubli'e :Agency In the penal'sum . FORTY TWO THOUSAND FOUR HUNDRED 00 /00 Zollan's 42 400.00 this amount being batOenn than tetbf l COnhaCt ptice, In lammaoney•ofQre United States urmerica, . The payment of,which saw well and -may to be made, we led ourselves, our heirs, .executors, s sinigral01% 4t109(99so1s, sad as'slone, jointly end verally, firmly by these ISE CONDITION OP MIS O GGA14O IS SOH THAT, if the hereby bounded Principal, has, her or its • heirs, executors, administrators, successors- go e$siglo% shall in all things stand to and abide by and well and. fn dy,► k e e p a n d perfirm alLithe rouderaidngs, teas . coaenisnt$, conditions' and sweetmeat In +fie Contrail Ind me altenradon t&eneo €made as eher ink o the-Prinetpers part tote kept and performed, all withfn tlie'tlme- nd in the s Harmer !ha+eut sled, and in all gesPecte to their true intent and meaning, and shalt indemnify and ballharmless the Public 1'idllc Aga its offieers,agents, and others as therein provided, then -this you shall become artll *avoid; otherwise, Italtail bead Temein is #till fisee and abet. In case suites brought upentthis bona, Sprat Antlieragines. to pay ail coral costs and reasonable attoramys'fees *An . tunounrfixeribythecourt. - SIIMIllat the Ste, 'or attlae moved, IteMby Stipulates and agrees that no change, extension of tibne, SiditIon or ` hula to flee itemnae£rho Contrast, or of the. work t'o be'peaformed there•Ontler, ex the • speolfgattions fortheAntre, aball is any way effnet ilesbligations under this bond, and It does bed' waive mite . aw oak change, extension,ortinte, afteratiot addidon, ormodifiestion to the terms of the Contract t or to the arlikorto thespixiiiitationatiteM under. Suretylintabyisaives the provisions ofCalifornia Civil Code f ;24Ssand • 2,1349: The City is the primp bfterseicuy Of this bond and has all Tights of .a patty hereto. IN WI NESS • VIERAW, We (*WWII* sow efthis instrument each of which shall for all imposes be deemed an origin herant Mve been dilly eattoited by. Pith' l and Surety, on the date set Guth below, the one oi each daps** O • ty belug hereto grad and these j eseats duly signed by its undersigned re rive( *) indsuaatto Dated-JUNE 18, 2009 MAGNN "Principal" SPECIALTIES, INC. dba AM ERICAN CONTRACTORS INDEMNITY COMPANY AMERIAN DECK SYSTEMS - Page D-34 A • 01. /( r eWIF - . liEE B y •• its Its L . IA, ATTORNEY—IN—FACT By: CRE • RY / TREASUUR 'US (Seal) (e:aD Note: This bond must be 4E44 all - Signatures must be notarized, and evidence .of the authority of any person signing as attorney-.in4w flat** :attached, • Page D-35 • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT cji; :>i�:jC�c2t S!<?i:�i:cji�.�� -i; <?S; cjS:�S.� S!:?S:<)S: <�S! < ?S: c�SS.:?i;Lji;c)i >.cS! <�i. �2S: <�S!� ?i:<�S!*:jS;��C �S ai::�3: LAS; t] S: cjS. c3i;< �S .:�S;<�'S:cjN,- c]•i.;cii�<aS; cjSc?C;.7 State of California County of LOS ANGELES On JUNE 18, 2009 before me, ROCHELLE A. HILL, A NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared ARIEL T. HEREDIA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personA whose nameJ) is/are subscribed to the within instrument and acknowledged to me that hel.setwAt4ey executed the same in hishlwith it authorized capacity(+ee), and that by his/44e0thair signature(ee on the instrument the person(et, or the entity upon behalf of which the person acted, executed the instrument. ROCHELLE A. HILL Comm 1634494 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing r ,. ��, Notary Public - California on �' g�9 is _`�.c►`�?� Los Angeles County true and correct. myComm. Expires Jon3,2010 • WITNESS my hand and official seal. Signature 61,./...e.€2.4.-- A ` 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 could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BOND #1000833571 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Partner — ❑ Limited ❑ General RIGHTTHUh1BPRINT ❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact OF SIGNER ID Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave . P.O. Box 2402 •Chatsworth. CA 91313 -2402 • www.NahonelNoteryorg Item 115907 Reorder Call Toll -Free 1- 800 - 876-6827 - _ _ _ • " IIIIIIIIIII - mil, ,,,•• "•1n..1n1n.11^ 1I •1nn11.111.111 • "1111,1n _ - -_ - - - __ • • _ ' III 4111P: lip i lu . .. 1.. 1"•.• dill III'll1'4i - _ - _- a ° = aIIIIIIIIII �,+ III i i l illb ' ip ® , WER OF ATTORNEY,. '911.11.1 1 11 i1 11, 111,1181. _ - - _ = AMERIC CO INDEMNITY CU I III UNITED STATES SURETYI'COMPANYd111116 US. SPECIALTY I_NSUTANCE 11111 111111111111111!P I IIIIIIIII , IIII'!�';.1iI1, 1 IIIIIIIIII . 111 91 III III III 161 = - _ KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies "), do by these presents make, constitute and appoint: . 1. qv! 0111.1 Frank Mester, Arr-iel T-_Hered - MAdam Feinberg ah Carazza Michael Chalekson or : " "'' II •41 11 41141II. 411 }1 111 41111,1, =- _ - - _ - -' - g f _ 111111 I I ' ° ql I IIII u II I III VI�VI�I' ' , 141 •1411111i ' nIIhII4d IIhI1N 11. Ill 11 11 =-_=------._-=_ - = thi= L_ G agliano of Los Angeles, California = -1 elk,' ' I. I 'II • I I�IIIIII I III I II t III. - - -= - _ a = = y. _ 1 111 .'.' 111 1 1 1111 111111' 11j .Ityll IIII 4IIIIIII II h11I110b111 01 it'sl�'true'and' lawful Attorney(s) -iii fact; each m°their sseparate capacity if more than one is named above, with ful'lllip authori 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 riders, amendments, and consents of surety, providing the bond penalty does not exceed * * ** *Three Million * * * ** Dollars ($ * *3,000,000.00 ** ). This_Power of Attorney shall exp w itho ! ut' ; ll f u l i l i her on March 18, 20111. 11This, of Attorney is granted= under_and ullllrl - _ _ _ _ - - _ - authority of the _following resolutlionsl a b (t Boards of Directors'Iofthel Companies: . 1 11 .,11« 4 _ _ - - ! 1 'I I I I '. 11 I'IIIIIlli Ili IIIII • r . 11 , _ - = - ' _ = = _ _- lll!IIIII II 111I II 16L, sid IIII I I' II a Be r� Resolvedr tha the President, any Vil11�i1111111p11res�dent, (any Assistant Vice- President, any ' Secretary or any Assistant Secreta shall be and _- hereby vested = with =full power and authority to appoint any one or more su persons as Attomey(s) -in -Fact to represent and act for and on behalf of the Compa s abject to the following provisions: Attorney - :n - Fact may be given full power and authority for and in the name of and on 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 .Comp n upon the Company as if notices and documents canceling or terminating the Y ty9 _ any Y g P P Y gn y �1111m,1 an 1'sglliabili 'thereunder, and any such_ by an such Attome -in -Fact shall= 6e= bindin u signed b ,th "eI;Pre !I II I ! ,0111h11110 and sealed and,effected by the Corporate:Seceetary = _ __ _ _ - _ = - = IIII II I I II I I; °' IIII IIIII �! IIIII ' ' ' 11 11111 1 11111 11 111, ,III I IIIIIII I 11111111 I • • 'I II '' IANN IIl'Be itlllResolvedll•,thatdthe signature of any =authorized officer_and°seal of_the Company heretofore_or hereafter affixed to any power of attorney, o r II a relattn I - - ° m "In11. � 1111111 :n "111!IIIIIIII 111111 ••' ' " thereto by facsimile, and any power of attorney=o- certificate bearing facsimile signature or facsimile seal shall be valid and binding upon thelCompany with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 15 day ,i... of July, 2008. _ I IIIII I 11aI, . 11 III1 11i 1 1 .., 111,111.1 10111• .IWIIIIII "1111x1, .� 1 11.1I1.pI II - - - = 111 1 I liiil!'' !IIII 1 �!III,III I l! = - -- a AMERIC - CONT_ RACTORS IN DEMNITY•COMPANY UNITED STATES SURETY' COMPANY ' 'US. SPECIALTY INSURANCE COMPAN-Y 1 _ Z= 91111 1111'n 111111111 I IIIIIII III , "m1IIlIlIIIs, ' 11 0 10 111 111. 10 00111 n 00.911 III 01 di 00411 Corporate Seals t utroy s $tate110 I alb ' SEAL By: ` - ' ? gnu, mg ..•= �^4C5--,2__ - • • = l � =b + uI1• •n...11.1u 1111'1.1111111 Align '1i iI ii 91PI6II ^ h' iI o' 4,01414 b' - %, - _ -` 4t _ Daniel P: Aguilar, Vice President I 1 I 1 • ';,1, ''' IMI _�, = �ll j rl s - _ _ _ _ ,I 1I I 111 ' 1 1Ai1 I 1 1 1 111 0,10" . 1411,0 0,10" tot oil iI iI 1p olllhl111 1 41111, Ih11 . - = _ t_. - - _ _ - z - - = I'' ' PI ! I Ip9 111! II111' 'IIIII II II 41140,11,,, 41140,11,,, 110414 f1 1 alifonna � = _ -= � - = vr 1 ' 'IIIII I III I II ' I III I I u1l!l 11 1 County of Los Angeles SS: On this 15 day of July, 2008, before me, l�eborah';1Reese, a notary public, personallyl.,appeared Daniel P. Aguilar, Vice President_of o,,, "1'11IIIIII "1 1, m American Conrtractors Indemnityi ,;°! ompany; Il l' U nite d ( S tates Surety Companyiand U.S:11 Specialtyll,Insurance Company_wi provedto = I I - on ttie_basis of satisfacto ry 1111111 II I III ev i d e r ic e lt! II' 'i ll'. 11 1':I o ' Ue l th l el p erso l l nll' w h l o se name is subscribed111to'the within instrument and ac to � _ I , IIr'I . IIII - = _ -- -I Ire executed the same in his authorized capacity, and that by his signature 'on'1th'e'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. gem x116111 0111 1111 j1 T NES I l l and and official seal.- = - - - _ - - ' D USE I ,;' ;;1 1�11'11 11 II 11 IIINiIIl , 010 141104 111I1iI1111 IIIMIP = 4-- = - _ _ - _ _ - %- CommlWon / 1726 1 I I I I WII ' ' i1, INIl 1 IIIIIIIIIII 1 I 1 II Notary metro - CaatorMa I 1 l llp l l 9 I I IIII NNIIIII1�1IIIIIlk1 Signature " , '? c%CC °U. - (Seal) _ ` i'`,~~ ,,, f Los Angel, County ' 'I111111E I I I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty - Insurance Company, do hereby certify that „the above and foregoing is a true and correct copy of a Power of Attorney, , 1 1111,'• .'1111111 goo, i �1 1 .II m A.• 1 . .1A. executed -by said Companies, whichiii f 111f effect; furthermo'r'e, the resolutions of the Boards of =out in_- y u I ! IIII I 1 I I ;' , 1111 ...n 1 r . , i11 111. i11' 11116 111111 i 0.111111 .11 11 = _ wt - _ - _ - = a the Power of t Atorne are in fu111 force and effect I t ' '111 , 11 1, 1. a a s J I III I I II II I IIII a ir ' ' 1 $00 'III IIIIII 1 , 1 1 ...11 x1 11. 116 11141111111 •• 111 111 1 1111116 •,....1 mIII II In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this /1 day of �I U p, e € j' . 91r116 .r ANIIIM1Ib - - - - _ I ,,,,00,411,0 y,COrpOrate,ySealsr1ii4, - = - _ = = _ = I!IIIIIUIIIIgIII' 111111 , IIII �UI..II�;lI1 IA, "...1 0 I '4Ni1111�16 .divi '�l l '1k1 ' r = � 3' -� _ _ _ - _ � L2_;,,,!„„,,„„,,,,,111 ,jr ma IIIIIIIIIII! !IIIIII I I II 11IIIi11III! ill Nn116tl1F n1. � - , 4 l T _ = - _ 91111:177: • I IIII11111 1 !III II IIIIIIIIII 1,11 - - � � _ _ Bond No. /O®d eF2.K 7 / Kim, Assistant Secretary SEAL % ` * s Jeann J. K i V airamin,irm Agency No. 90 t 9 ,b, '; * * d + r 1.11 I I� 1', III II II .'' IIII IIIIIIIII �II! IIIII 11P111 61111.x111 I��A • 11'11 I II I I 1 91 110111 111%11 t = - Ail 111i1.1 P. .11! 111,1 Il ., IIII' 11 'ilk 1I �i 1, "IIP.1' ,II'lll', 1 11111116 . 91'1111111 c - • CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of t;, � le J 0 On June 22, 2O0g before me, Son r)0. liar er N 0t4 ry Pub1l G (Here Insert name and title of the officer) personally appeared Vi K K J T . Tyree. who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized capacity( s), and that by his/her/their signature(s.) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Seal) Signature of Notary Public • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Cal forma must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be 1.}} properly completed and attached to that document. The only exception is if a B (,{ 'lam 100oe33 5 7 I document is to be recorded outside of California. In such instances, any alternative (Title or descnption of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i e. certifying the authorized capacity of the signer) Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document Number of Pages Document Date signer(s) personally appeared before the notary public for acknowledgment. • Date of notanzation must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must pant his or her name as it appears withm his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off mcorrect forms (1 e. ❑ Individual (s) he/she/they— is /are ) or circling the correct forms. Failure to correctly indicate this mfonnation may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal Impression smudges, re-seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney -in -Fact r r Additional mformation is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other 'e Indicate title or type of attached document, number of pages and date s Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800- 873 -9865 www.NotaryClasses.com • WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the CITY OF SEAL BEACH has required certain insurance to be provided by American Deck Systems NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time. 1. This certificate is issued to: CITY OF SEAL BEACH, City Hall, 211 EIGHTH STREET, SEAL BEACH, CA 90740 -6379. 2. The insureds under such policy or policies are: C 14y of 5ca 1 %a0-1 3. Worker's Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds, as follows: POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 02 01.0RM 12001 - 92 - 1 12 -3)-o 12 - 31 -0 1 4. Said policy or policies shall not be canceled, voided or reduced in coverage or limits of liability, unless and until thirty days' advance written notice thereof has been served upon the City Clerk of the CITY OF SEAL BEACH. By: `enc,l�� Its Authorized Representative Page D-40 • . STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.15] [Public Contract Code § 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project govemed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non - responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of Page D-49 • • verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: • In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre - qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. LicenseNo.: 397738 Class: B,C- 15,C- 33,C -54 Expiration Date: 01/31/11 Date: 6/22/09 Page D-50 • AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ( "Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of Califomia Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars (825) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-ins ' ce in accordance with the provisions of that code, and I will com • with s h provisi • fore comm - I performance of the work of this contract." � / JUN 2 2 2009 j Date Page D-52 • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECT OR WORN: Concrete Forebav Seal Lining Proiect at West End Puma Station, CIP# SD0901. Indemnitor(s) (list all names): Curtis Tyree and Vikki J. Tyree • To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively " Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith ( collectively "Liabilities "), arising or claimed to arise, directly or indirectly, out of in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above- referenced contract, agreement, license, or permit (the "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor" 411B Cur :�' e e Name i am �� i MIM MY! By: ' Its CURT / REE _ PRESIDENT Page D -53 • • 7 I p CORD ®®4 �a p 4( � p p ® B g �� p� g ®p e, DATE (MM /DDIYYYY) 1 M. ��1`6 i ��I1�6 Y G ®� LIABILITY 1( I1�Sl�f�i'S11�vE 06/12/2009 I PRODUCER Phone: (858) 642 -0200 Fax: (858) 642 -0205 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ALL COMMERCIAL INSURANCE SERVICES, LLC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6790 TOP GUN STREET #3 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR SAN DIEGO CA 92121 AL ,,O TH MOVJ;[tEFS7SIZF.R fLY TM, PQIJS'.1R,S -RFJS INSURERS AFFORDING COVERAGE NAIC # Agency Lill: 0064552 INSURED INSURER A: GEMINI INSURANCE COMPANY MAGNESITE SPECIALTIES, INC. INSURER B: Nationwide Mutual Insurance Company 23787 DBA AMERICAN DECK SYSTEMS INSURER C: DELOS INSURANCE COMPANY 8686 PRODUCTION AVE. #A INSURER D: National Union Fire Insurance Co. of Pittsburg SAN DIEGO CA 92121 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. 1 INSR ADD LTR INSRDC '/) TYPE OF INSURANCE POLICY NUMBER I POLICY EFFECTIVE DATE <M WDDrYYI POLICY EXPIRATION DATE (MMIDDI111 _- , LMTS - - 1 GENERAL LIABILITY VCGP016666 11/01/08 11/01/09 EACH OCCURRENCE S 1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTE PREMISES (EN =went* S SD,000' I CLAIMS MADE e OCCUR MED. EXP (Any one person) $ 5 000 1, A X PER PROJECT PERSONAL 8 ADV INJURY S 1,000,000 — GENERAL AGGREG S 2,000,000 i GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG. S 2,000,000 El POLICY n IFr`T I 1 LOC S AUTOMOBILE LABILITY ACP7832060325 12/28/08 12/28/09 COMBINED SINGLE LIMIT X ANY AUTO (Ea ecddent) S 1,000,0001 _ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) S B X HIRED AUTOS BODILY INJURY S X NON -OWNED AUTOS (Per accident) . PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY - _ - -- . AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG 4 { EXCESS / UMBRELLA LIABILITY EBU080878664 04/28/09 04/28/10 EACH OCCURRENCE S 5,000,000 1 OCCUR 0 CLAIMS MADE AGGREGATE S 5,000,000 D S DEDUCTIBLE S RETENTION S WORKERS COMPENSATION AND 02DKRM12001 -927 12/31/08 12/31/09 X ITORVLIMrts 1 IOTHER EMPLOYERS' LABILITY E.L. EACH ACCIDENT S 1,000,000 C OI F CE E.L. DISEASE - EA EMPLOYEE S 1,000,000 N yes, describe under i SPECIAL PROVISIONS blow E.L. DISEASE- POLICY LIMIT S 1,000,000 OTHER: - DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS SEE SUPPLEMENTAL CERTIFICATE INFORMATION . ERT FIC TE HOLDER ION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 1 CITY OF SEAL BEACH DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS 211 8TH ST. AGENTS OR REPRESENTATIVES. SEAL BEACH, CA 90740 AUTHORIZED REPRESENTATIVE , .1,/ ta,-' Attention: / / i�/ (Gil�'I 6k Rubin ACORD 25 (2001/08) Certificate # 3281323 0 ACORD CORPORATION 1988 SUPPLEMENT TO CERTIFICATE OF LI A;‘ 4) ILITlf ISIS #3281323 JUN 122009 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS X•10 DAY NOTICE OF CANCELLATION FOR NON - PAYMENT OF PREMIUM.CITY OF SEAL BEACH, ITS OFFICIAL, EMPLOYEES, DESIGNATED VOLUNTEERS AND AGENTS ARE INCLUDED AS ADDITIONAL INSUREDS AS RESPECTS THE GENERAL AND AUTO LIABILITY COVERAGES' AS RESPECTS THE PROJECT CONCRETE FOREBAY SEAL LINING, 143 1/2 RIVERSEA RD., SEAL BEACH, CA 90740 #SD0901. PRIMARY NON - CONTRIBUTORY APPLIES AS RESPECTS THE GENERAL LIABILITY COVERAGE. WAIVER OF SUBROGAITON APPLIES AS RESPECTS TH :I GENERAL, AUTO LIABILITY AND WORKERS COMPENSATION INSURANCE COVERAGES'. I I 1 Certificate # 3281323 Policy Number: VCGP016666 VE 0224 06 06 Insured Name:MAGNESITE SPECIALTIES INC Number: 25 Effective Date: 11 /01 /2008 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED— OWNERS, LESSEES OR CONTRACTORS—SCHEDULED PERSON OR ORGANIZATION — INCLUDING PRODUCTS - COMPLETED OPERATIONS (AMENDED) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART • SCHEDULE For a flat fully earned additional premium of 0.00 Name of Person or Organization: IT IS AGREED THIS BLANKET ADDITIONAL INSURED ENDORSEMENT SHALL ONLY APPLY TO COMMERCtALISUOYING PROJECTS. THERE SHALL BE NO ADDITIONAL INSURED COVERAGE AVAILABLE NOR ANY DUTY TO ; DEFEND'ANY BUILDn G PRO ECT INVOLVING ANY NEW PLANNED UNJT I)EVEI:OPMENC, tev*EsiDgsnAginEvEDDOVNittrEw NEW A?ARTMENT: PROJECT, NEW CONDOMIIVItiiitNEW `I OWNf OUSE, NEW DUPLEX -NEW PATIO HCI Job No.: COMMERCIAL JOBS ONLY (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to]iability caused by your ongoing and completed operations performed for that insured. • B) With respect to the insurance afforded to these additional insureds, the following exclusions are added: 2) Exclusions a) This insurance does not apply to "bodily injury" or "property darnage" arising out of `your work" that has been completed by or for you prior to the Policy Period. VE02240606 Page lof? "Your work" will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b) This insurance does not apply to liability caused by the sole negligence of the person or organization shown in the Schedule. • • • VE 0224 06 06 Page 2 of 2 - • 1 • • Policy Number. VCGP016666 VE 0182 03 04 Insured Name: MAGNESITE SPECIALTIES INC Number: 27 Effective Date: 11/01/2008 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LANKET ADDITIONAL LNSUR E * ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II — Who is An Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured but only with respect to liability caused by your ongoing operations performed for that insured. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. This insurance does not apply to Liability caused by the sole negligence of any additional insured. B =With respect to theinsuraiice:afforded to -these addthonal insureds, the following addition& 3. exclusions applies: - Th isa>tedostapply.to: 1 • The pieparing,`apptomg, or failing to prepare and approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. VE 0182 03 04 Page 1 of 1 Policy Number: VCGP016666 VE 0116 01 02 Insured Name: MAGNESITE SPECIALTIES INC Number: 26 Effective Date:11/01/2008 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT PRIMARY WORDING This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART It is agreed that this policy shall be considered primary to any similar insurance held by third parties in respect of work performed by you, under written contractual agreement(s) with said third parties. The third party(ies) to whom this endorsement applies is as follows: APifeiIJIRED BY WRITTEN CliNTRACT. •i! 116N-CONTRIBIJitler WORDING APPLIES A -N '•=• ' ••• •F g',4•'!•:fEN :•.: • - :; • VE 0116 01 02 Page I of I . _ • • • Policy Number: VCGP016666 CG 24 04 10 93 Insured Name: MAGNESITE SPECIALTIES INC Number: 30 Effective Date: 11 /01f2008 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAI[VIE I OF TRANSFER OF RIIGEITS OF RIECOVIE I �Y AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any_right of recovery we may have against the person or organization shown in the Schedule above because of pa meats we'make 1oi injiiiy damage arising out of your ongoing operations or "your work" done under a contract with 4liat person or organization and incliidcd in the. "produgts- comp7eted•uperations hazard ". This:waiver: to the person .or:o i zation'sh`own n ; the Schedule: above. '` " _ CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 o WORKERS COMPENSATION .,niD EMPLOYERS LIABILITY INSURANCE . JLICY WC 0403 OS (Ed. 414) • WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA We have the right to recover from our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Peron or Organization Job Desaiption Blanket Waiver M Catifomia Operations 2% of the total classification Minimum Premium ;500 This endorsement changes the policy to which it is attached and Is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effsctive 12/31/2008 Policy No. 02DKRM1 -2001 -927 Endorsement No.1 Insured Magnesite Specialties, Inc. Insurance Company: Delos Insurance Company - 35408 DBA: American Deck Systems �Lr'# ► ft Countersigned By:, 61998 by the Woks Compensation Insurance Rating Bureau of Caffan+ta.. All fights resolved. From the WCIRB's California Workers' Compensation Insuring) Forts Manual 02001. 12/24/2008 cca