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HomeMy WebLinkAboutCommercial Waterproofing Systems, Inc. (ERC Roofing and Waterproofing) - 2021-04-19 Batch 11654641 Confirmation Page I of I r i Recorded in Official Records,Orange County f Hugh Nguyen.Clerk-Recorder IIIIIIIIIIIIIIIII�11111111111111[111I1JIIIIIIII1III[ IIIIIIJJJI NO FEE PLEASE COMPLETE THIS INFORMATION s 1 0 0 1 3 1 4 9 7 5 5 s RECORDING REQUESTED BY: 2021000561500 2:33 pm 09108121 227 NC-5 N12 1 .I 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 1 I f WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH i PUBLIC WORKS DEPARTMENT t Attn:Joseph Fuentes P.O.Box 190-2000 Main Street Huntington Beach,CA 92648 1 i I THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT NOTICE OF COMPLETION I i i i NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in lee,2000 Main Street.Huntington Beach,CA 9264e,that the cor.;raa heretofore awarded to ERC Roofing 8 Waterproofing,who was the company thereon for doing the following work to-wit: ' I Slater Pump Station Roof Replacement Project,Project 0 MSC-534 That said work was completed 09102f2021 by said company according to plans are specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and:hat said work was accepted by the Director of Public Works on 0 910 212 0 2 1,per City Council Resolution No.2003-70 adopted October 6.2003. That upon said contract The Ohio Casualty Insurance Company,was surely for the bond given by the said company as required by This document is solely for the official business of the City of Huntington Bean,as contemplated under Government Code Section 27383 and should be recordec free of charge. z 1 Directax of Pull,. oms or Gty Engineer Dae City of Huntington Beach,California STATE OF CALIFORNIA) county of Orange 1 ss: City of Huntington Beach 1 I,the uncersigned.say:I am an Agent of the City of Huntington Beach,owner in fee,in the foregcing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and knew the contents thereof;the some is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct,ane that said NOTICE OF COMPLETION was duly and regularly ordered to pia recorded in the Office of he County Recorder of Orange County. This document is solely the official business of2 f the City of Huntington Beach,as contemplated �14 works qD,t f under Government code section 27383 and City or of Pun, Neac or Cif Engineer Dat City of Huntington Beach,California should be recorded Tree of charne. THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) littps:HLS.Secure-recordilig.coill/Batch/Coalirnritioil/1 1654641 9/3/2021 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerks Office (MaIIN) after signing/dating (Daft) ', , sT CITY OF HUNTINGTON BEACH z INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Acceptance I have received the bonds for +r �A Pw*wYNOW) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved If (Cofrtc(I Approval Dale) CC No. Agenda Item No. ?/" j g,;� MSC No. City Clerk Vault No. &60.C76 Other No. SIRE System ID No. S47 ooy73 g./forms/Dond transmittal to treasurer Psc -say SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ERC ROOFING FOR REPLACEMENT OF THE SLATER FLOOD CONTROL STATION ROOF REPLACEMENT PROJECT THIS AGREEMENT("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California. hereinafter called "City,"and ERC Roofing, hereinafter referred to as"Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in roof replacement B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit"A,"which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Matt Maciha, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 21-9619/254269 I 3. Comneoaatioo a. City agrees to pay, and Contractor agrees to accept as total payment for its services,the rates and charges identified in Exhibit"B."The total sum to be expended under this Agreement, shall not exceed $225,450. b. Payment by City shall be made within thirty(30)days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. C. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time ' of the essence of this Agreement. The services of Contractor are to commence / o-7 ,or as soon as practicable after the execution of this Agreement by C' (the"Commencement Date") and terminate one (1) year after commencement date, unless terminated earlier in accordance with the provisions of this Agreement. The time for performance of the tasks identified in Exhibit"A"are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A"or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans, Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation,all original drawings, designs, reports, both field and office notices, calculations,computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 21-9619/254269 2 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. S. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of'Section 3700 er seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liabilitv Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. "this policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 21-9619/254269 3 the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a `deductible" or any other similar form of limitation on the required coverage. 11). Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractors defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 21-9619/254269 4 12. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event. Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. clothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 21-9619/254269 5 16. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 17. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section I hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. City and Contractor may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach ERC Roofing Attn: Turquoise Scott Attn: Matt Maciha 2000 Main Street 1630 Palm Avenue Huntington Beach, CA 92648 Santa Ana, CA 92701 18. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consenUapproval to any Subsequent occurrence of the same or any other transactions or event. 19. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 20. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of' matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21-96191254269 6 21. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the contest so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute. law, ordinance or regulation contrary to which the parties have no right to contract- then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 22. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Lach duplicate original shall be deemed an original instrument as against any party who has signed it. 23. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 24. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Hunlingion Beach City Charier Section 309, the City Attorney is the exclusive legal counsel for City: and City shall not be liable for payment of any legal services expenses incurred by Contractor. 25. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable 21-9619/254269 7 efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 26. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 27. Jurisdiction — Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. '['his Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 28. Professional Licenses Contractor shall, through the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 29. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorneys fees from the non-prevailing party. 21-9619/254269 8 30. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 31. Coverning Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 32. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 33. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21-9619254269 9 34. Effective Date IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. CONSULTANT, CITY OF HUNTINGTON BEACH, a m 'cipal corporation of the State of ERC Roofing C is Bv: Matt Maciha, Attorney-In-Fact Ci Manager print name ITS: (circle one/Chairrnan/PresidentNice President INITIA1 ED A MVv AN hector of"VUaMcorls By: APPROVED AS TO FORM: Matt Maciha. Attorney-In-Fact print name ITS: (circle one/Secretary/Chic(Financial Officer/Asst. Secretary-Trewurcr City Attof ey AW Date RECEIVE AND FILE: � �/�] v\" w7� City Clerk Date 51124P/-oa/ 21-9619254269 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Contractor will replace the roof at Slater Flood Control Station per Section B. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Roof Removal A. Remove existing built-up roof system down to wood deck. Q. Loose lay red rosin paper. C. Nail a base sheet according to the wind uplift requirements. D. Install two plies of 1-IPR Glasfelt in hot asphalt. E. Install extra layer of Garland Stressply EUV in hot asphalt in all angles, base (lashings, penetrations, and drains. F. Install Stressply Plus PR Mineral in hot asphalt on entire field and base flashings. G. histall Taff Flash liquid flashing with embedded Grip Polyester Firm over all wood blocking. H.Coat entire roof with White Star and embed 40lbs of mineral into coating while it is still wet, Broom, blow, and clean up any loose minerals after coating has cured for 48 hours. I. Replace existing counter flashing with 24-gauge Kynar. J. Replace existing coping metal with 24-gauge Kynar. Composite New Roof System A. Remove existing roof system down to deck and haul away debris, conduct inspection ofexisting substrate for possible repairs. Surfnct Bhibit A B. Remove and replace all fascia boards. C. Install one layer of Garland R-Mer Seal self-adhering underlayment. D. Install all new metal trim with new 24-gauge Kynar metal. D. Install new GAP Timberline HD shingles. (Color TBD) Metal Roof and Muffler Removal A. Disassemble mufflers at roof line and dispose. B. Remove seven (7) metal panels and set aside. C. Replace wood framing, insulation, and wire mesh in within area of scope of work. D. Reinstall metal panels. Structural A. Add 4x 10 beams and related members to joisting for added support for new mufflers with necessary blocking. B. Replace insulation and bird mesh. C. Assemble and disassemble scaffolding as needed to perform work activates. Muffler Installation A. Install new, City-supplied exhaust mufflers, align, and fasten. B. City employees, in conjunction with a City provided pipe fabricator/ welder, will make final connections to the pumping plant engine. C. City employees will be responsible for keeping the water level below the concrete deck during work activates. C. C1TY'S DUTIES AND RESPONSIBILI'TIFS: 1. City will make payments on a timely basis as stated in Exhibit 13 5urfnct Exhibit A 2. City will provide access to work site. D. WORK PROGRANI/PROJECI- SC1-1EDULEL: Word to commence upon notification from the City and be performed in a timely manner. Surbi<t E hibil A EXHIBIT "B" Payment Schedule (Fixed Fee Payment) I. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product. CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment clue. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT'S firm that the work has been performed in accordance with the provisions of' this Agreement; and F) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSUI:fAN' is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of'receipt of'the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Surfnet Exhibit n EXHIBIT B Fixed Fee Payment y ry UNIFORM STATUTORY FORM POWER OF ATTORNEY (California Probate Code Section 4401) NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT (CALIFORNIA PROBATE CODE SECTIONS 4400-4465). THE POWERS LISTED IN as; THIS DOCUMENT DO NOT INCLUDE All POWERS THAT ARE AVAILABLE UNDER THE PROBATE CODE. ADDITIONAL POWERS AVAILABLE UNDER THE PROBATE CODE MAY BE ADDED BY SPECIFICALLY LISTING THEM UNDER THE SPECIAL INSTRUCTIONS SECTION OF THIS DOCUMENT. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO. I, Garrett Clark, President of Commercial Waterproofing Systems, Inc. dba ERC Roofing and Waterproofing (hereinafter "ERC'), located at 1630 Palm Street, Santa Ana, CA, hereby appoint Matthew Maciha, (project manager for ERC), as my agent (attorney-in-fact) to act for me in any lawful way with respect to the following initialed subjects: TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF (N) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS. TO GRANT ONE OR MORE, BUT FEWER THAN ALL, OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING. TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD. INITIAL (A) Rea' . erty tFa Rsarh'en I I I I � 4 (F) Business operating transactions. s (H) Estate trust ae+ ether henefieian. +raasaG+en$_ (1) Gla'm nef G+'eatien ( I) DerCnnal anef family main+enanee 'vil er m0'+a. c (I.) Retirement Plan +ranoae+ie 1NAI Tnv (N) ALL OF THE 12CANCDC LISTED ABOVE YOU NEED NOT INITIAL ANY OTHER LINES IF YOU INITIAL LINE (N). SPECIAL INSTRUCTIONS: ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT. Mr. Matt Maciha's powers of attorney relating to ERC's Business Operating Transactions (line item "F", above) is limited to executing ERC's bid, contracts, for public bidding roofing and construction project, located at all state of California. UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED. This poweF of attE)FRey Will .i +A he effee-tiy eveR +hn gh 1 heGeme inennari4o} . STRIKE THE PRECEDING SENTENCE IF YOU DO NOT WANT THIS POWER OF ATTORNEY TO CONTINUE IF YOU BECOME INCAPACITATED. EXERCISE OF POWER OF ATTORNEY WHERE MORE THAN ONE AGENT DESIGNATED If I have designated more than one agent, the agents are to act: n/a If I have designated more than one agent, the agents are to act: n/a IF YOU APPOINTED MORE THAN ONE AGENT AND YOU WANT EACH AGENT TO BE ABLE TO ACT ALONE WITHOUT THE OTHER AGENT JOINING, WRITE THE WORD "SEPARATELY" IN THE BLANK SPACE ABOVE. IF YOU DO NOT INSERT ANY WORD IN THE BLANK SPACE, OR IF YOU INSERT THE WORD "JOINTLY", THEN ALL OF YOUR AGENTS MUST ACT OR SIGN TOGETHER. I agree that any third party who receives a copy of this document may act under it. A third party may seek identification. Revocation of the power of attorney is not effective as to a third party until the third party has actual knowledge of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. Sign d this d I day of , 2018 (y ur signature) ate of California BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT. [Include certificate of acknowledgment of notary public in compliance with Section 1189 of the Civil Code or other applicable law.] Cal Prob Code § 4401 California All-Purpose Certificate of Acknowledgment 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 _ �'j�p�1C ,� -I S.S. On �` lItg beforeme, caW1t'—t R—Cr *NnA .._ I IoTE�a `FQt� �C Name of Notary Puolic.Title personally appeared Name of Signer(i) i Name of who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. IENNIFER SCRMALL COM #2233011 z ¢ Notary PublicM. -California A z o � Riverside County Comm.Expires Mar.3,2022 G— Signature of Notary Pudic OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of i mis acknowledgment to an unauthonaed document and may prove useful to persons relying on the attached document. Description of Attached Document , The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification document fifled/for the purpose of UA11 Fn2.Yvl ST hTU f0 Proved to me on the basis of satisfactory evidence: _('OV—VI/t P6wcl2 Ur-- Q-TTO Q-Ng1 [�'bnn(s)of identification ❑credible witness(es) containing 3 pages, and dated 8I 1 I l 8 Notarial event is detailed in notary journal on: The signer(s)capacity or authority is/are as: Page# 10 Entry# ❑ Indivi mntact�' ) Notaryi14 LE� 4'l -tP000 X 200 ❑ Anomey4n-ey-in•fact _ ❑i'6rporaleOfficer(s) �(Lb'-StDEIUT Other - Ttle(s) Additional Signer ❑ g ❑ Signer(s)Thumbprints(s) ❑ Guardian/Conservator ❑ ! ❑ Partner-Limhed/General - ❑ TNstee(s) ❑ Other. representing: WYNM�YLI�1L W(kftYLPdUf FfnX, SySt�As,1 02009-2015 Notary Learning Center-All Rights Reserved You can purchase copies of this form from our aeb site at vrvrvi.TheN Y .The.` „^,otarysStoror e.wm UNANIMOUS WRITTEN CONSENT C O P U OF THE BOARD OF DIRECTORS OF COMMERCIAL WATERPROOFING SYSTEMS INC. A California Corporation In accordance with Section 307(b) of the Corporations Code of California and Article 11, Section 6, of the Bylaws of COMMERCIAL WATERPROOFING SYSTEMS, INC. (hereinafter "Corporation") the undersigned, being the sole Director and President of the Corporation, waives notice and takes the following action at a special meeting of the Board of Directors: WHEREAS, Garrett Clark is the Sole Director, Sole Shareholder and President of the Corporation; WHEREAS, the Corporation is desirous of entering into certain contracts; NOW, THEREFORE, BE IT RESOLVED that Garrett Clark (the below-named person) is hereby vested with the right to execute and enter into any and all contracts, on behalf of the Corporation, and said right shall continue unimpeded until such time that the Board of Directors decides therwise. Date : ugust 16, 2018 Clar resident of COMMERCIAL W T ROOFING SYSTEMS, INC. arrett k, Director of COIvIl\4ERCIA RPROOFING SYSTEMS, INC. G ett Clark, Sole Shareholder of COMMERCIAL WATERPROOFING SYSTEMS, INC. CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS CoraktterUBl Waterproofing Systems. Inc. FROM: dba ERC Rocfing 6 Waterproofino IsROJECT: Replacement of the Slater (Contractor Name) _ Flood Control StaMn Roof Repaacment_ 1630 Palm Street (Street Ad&r ) _5a1ltaAna. CA92701 ,City,State and Tip) TO: CITY OF HUNTINGTON BEACH DECLARATION i Attad"nereo is a tM and mrrect a"or ow OIRrt CertiftKe or 1nswanU and Awtondl lnsvred rr dwsurw it CG 2010 11M, wNcth CemTate conpaes with the tnrax re0,ira*iai6 of the Cdialad Q' and Cetrrem ere City of Mntingtwt bench(�Cty)and Tw abu lamed cawracmr('Cawaaoh fa the alw,eaewt ad pm)w1(7'ro)eal). t dtWre uhdv Penalty of pepry uder the laws of the Stite of CaafoiNa Thw the ai>oMe staternert is mat and wriest i SIgrIM m MeY l � iaQl at rda Ana C oma (Date) (CW" tn) (Spl lihn of k4ftd Who(a wary yctlwaam) i WARRANTY I ONO ' hereby waRwts and agrees to 9 0"It NuAacts and Carpeted oprawns Inarwaot in wlrpw4 awl ow Irmu-ance nequtemwms d the contract w the Room Said tns snR steal be metlhkwd Trough wd wd dw agataaw of al WwnarWlS provided by CaWaCtx. Said iWmnnm Mal wntun Additional Irmood Subme noit CG 2010 1185,nwtaq Oq a an addlti w aweed. Cxftwtor shall stppry to Oty,m at kaa an meal base,a CerMate W inwitance aid The atwwnwOarwd FnO�ht erieering mWnued coverage which meM the Control n Mo_,_hts. I Signed on May IS 2021,at Santa AnmCalAomw (Dane) (oly,State) COtfTRACToA: Commercial terpr ng Systems. Inc. wmae.�ya.ER�R 09L Wa rproofinQ_ Nara: Matt —rye._,Attomev-Irti•F ::rotes PREM IUNI IS FORT[I E CONTRACF]ER.M AND IS Bond No. 24252128 SUBJECT 1"0 AD1Us'rNiEN"f BASED ON FINAL Premium: $3,246.00 CONTRACI"PRICE Executed in Duplicate PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as'City')has, by written agreement dated 20 ,entered into a contract with Commercial Waleroroofing Systems Inc —DBA.EBC Roofing and WaLeipioQimg 1630 Palm_St_Saata4na.CA92Z01 (name and address of Contractor) (hereinafter referred to as'Piincipal'),for performance rf the work descrihed as follows: Replacement of the Staler Flood Control Station. Roof Replacement Project (Project Title) WHEREAS. said contract, and all documents referenced therein (hereinafter collectively 'Contract,). are Incorporated herein by this reference made a part hereof as though set forth herein in full;and Said Principal is required tinder the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract, by a duly admitted surety insurer under the laws of the State of California(hereinafter referred to as'Surely.); and Surety is certified and listed in the U.S. Department of the"Treasury Circular 570, and has provided proof of sur,'Icient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract;and Surely has provided financial strength ratings from reputable companies,such as from A.M.Best.Moody's, or Standard &Poor's,to validate that Surely has positive ratings of being secure or Stable; and Surety is registered and listed with the California Department of Insurance, NOW, THEREFORE,we,the undersigned,as Principal, and Fho OhioSURIIy I�r,SyrtIOCC.G_V_rPRJiIY-,-LS�LJkC1Cy�St7CCL�.Q51RLr 1Y1A 02116 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of_T.w.C.11tlnd(edStyenty five Thousand Four Hundred Fifty&001100 Dollars (5 225.450.00 ),this amount being not less than one hundred percent of the price set forth in the Contract,in lawful money of the United Sates,for the payment of whirh sum,well and truly to be made, we bind ourselves,our heirs,executors, administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly,fully and faithfully perform each and all of the covenants,obligations and things to he done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered,amended or modified front time to time;and it the Principal shall indemnify and save harmless City and all of City's officers, agents and employees(hereinafter collectively referred to as'Obligees')fromany and all losses, liability and damages, claims,judgments, stop notices,fees and costs of every description,whether imposed by law or in equity, which may be incurred be the Obligees by reason of the failure or default on the pan of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations,amendments and modifications thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surely stipulates and agrees,for value received,that no adjustment of the time or price in the Contract or any alteration,change,deletion, addition or ether modification to the Contract, or the work to be performed thereunder,shall in any way affect, limit, restrict,impair or release the obligalions of the Surety under this Bond. Surety waives notice of any adjustment of contract or contract price,and any other alteration,change. deletion,addition or other modification to the Contract, or the work to be performed thereunder, and agrees 15" $S4/117174 Bond No. 24252129 to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations,changes, deletions,additions or other modifications. Surely agrees to provide written confirmation of such adjustments in Ube penal sum to City on no;less than a quarterly basis. Surety also waives the provisions of Civil Code§§ 2345 and 2a.9. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the,Principal whirh survive completion of the work. IN WITNESS WHEREOF,each party represents and warrants that this instrument has been duly e,.ecutec by Principal and Surety,on the date set forth below,that the name of each corporate party being affixed'hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond,waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: May 10, 2021 ATTEST Commercial Waterpria ing S�yste s Inc DEFA-ERC Roo ing a alerproci g (Corporate Seal) (Principe Name) By: Name:_( - -.�-HA ATTEST The Ohio Casualty Insurance Com a (Corporat6 Se31) (aNa Name:Vanessa C Ile12Rd.-Fact foC.yJ Surely) (Signature el ACorney-in-Fact for Surety) (A;eacn Auurney-N-Fact Cedificate; U 357-9500 (Area Cube G Teleohone Number for Surely) APPROVED AS TO FORM: -� - Michael E.Gates,City Anorney r'.I,,.S' Note: This bond must be exrcured m duplicate and dated, all sicnarures roust he ruitari:ed, and evidence n;the authority ofanyperson s�gninq as anomey-in/ac!must oe arached. PERFORMANCE BOND PILL', 'of 2 ts-t>xant,174 California All-Purpose Certificate of Acknowledgment 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 I!- State of California County of ooprro(:,C $.S. On S 13 2D2 before me, l)GNN11 t 2�Cleirv�P�Lt I Nornro �tig(Lc cf f101Ln Public Tole personally appeared P'Gt w2r a,ne c:P..gnen L lame Ol=,ane,(2. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JENNIFER SCHMALL WITNESS my hand and official seal. —�. COM. 2233o t z m Notaryy Public California A z Riverside County 0 My Comm.Expires Mar. 3.2022 y a!u,•:f lJclary=li J4� OPTIONAL INFORMATION .Ithnuo;. tha lnio::r. rlcn in s5u secrlon not by ialv,, it ravdvis -va!ani reV!acn:Yen;el ...1$ aC knovvlejr Me,v Pa Sr.,VIL'u;hor2EC:!OCl'R)e:>i coci m2vCt'ovc aca^,il M/)BrSons reiyp l On iha etfa Cheri ]COnlalli Description of Attached Document The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification document titled/for the purpose of Proved to me on the basis of satisfactory evidence: 1"EYLI�f�lY1 RyUC.� 1� ❑ forms)of identification ❑credible vnmess(es) containing a— pages, and dated rJ I to 12(>2_( Notarial event is detailed in notary joumal on: The signer(s) capacity or authority is/are as: Page tt_ Entry tt_ ❑ Individual(s) Notary contact: �!(Atlomey-in-fact ❑ Corporate Officer(s) Omer '1'P1j ❑ Additional Signer ❑ Signer(s)Thumbprints(s) El ❑ Guardian/Conservator ❑ Partner-LimitedlGeneral ❑ Trustee(s) ❑ Other: representing: ...r.,i9claeq:np I..... .e.i5yne fF•prtrr mY . _�u 201 c N;c,ar1 Leanlinc'lcnte,- all PiohL ReYrved • You Car.purchase_covcc of Ir Dn1 Wr.veb 3r!F.at .% ,, I I.2 N2ia;;c$(pru c.D . CALIFORNIA ALL-PURPOSE ACKNOWLEDGiINIEN'I' CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy,or validity of that document. State of California ) County of Orange ) On_5 I I _before me, Nalassia Kirk-Smith . Notary Public, personally appeared Vanessa Copeland Name(s)of signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arc subscribed to the within instrument and acknowledged to me that he/she/thes- executed the same in hisr9ter/their authorized capacity(ies), and that by hisiher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certifv under PENALTY OF PERJURY under the laws of the State of California that the foregoing -Qmycomm.Expir NATASSIA KIRK-SAs1TH paragraph is true and correct. Notary Public-California Orange County rrCommission a 2253818 ��1TTESS my hand and official es Aug 12,2022 SignatL c: _ Signature ol'N. s is Plau\otuy Seal Abore — ----------- OPT/ON.AI. --- ------ — -- Though the information below is not required by law, it Imt)-prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Capacity(ics) Claimed by Signer(s) Signer's Name: Vanessa Copeland Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner: ❑Limited ❑ General ❑ Partner: ❑Limited ❑ General ® Attomey in Fact ❑ Attorney in Fact ❑ -trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer is Representing: . .....,.-.............�.......,,,.,.,..... .,.,.,,,. ...,.,. ..,. , Rev. 1-15 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. - Libert)I Liberty Mutual Insurance Company Nlutual. The Ohio Casualty Insurance Company Certificale No: B204696-971958 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: Thal tie Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Stale of Massachusetts,and West American Insurance Company is a corporation duty organized under the laws of the Slate of Indiana(herein coilectively called the•Canpanies'),pursuant to and by authority herein set forth.does hereby name,constitute and appoint. Eric Lorw`. Ke,in Cathcart Lisa Pcllcrito.Mart.Richardson.Natassia Kirk-Smith.Vanessa Copeland all of the dy,of Costa Mcsa state of CA each indi•.iduaty if ffwve he mere Than one named,its true and lawful attaney-in-lac;to make. execute,seal,acknowledge and server,for and on ds behalf as surety and as its act and dean,any and all undertakings,boards.:ecognizances and other surety obligations,in pursuance of these presents and shag be as binding upon the Companies as It they have been duty signed by the president and attested by the secretary of the Companies in then own proper XISOns. IN WITNESS WHEREOF,this Power of Alormy has been Subscribed by an authoized officer a official of the Companies and the wrpaate seals of tie Companies have been adued thereto this Sib_day of_!ancar, _2n21 Liberty Mutual Insurance Company 091�2 The Ohio Casualty Insurance Company West American Insurance Company uw O By: ! �m m David M.Carey,Assistant Secretary tip Slate or PFNNSYLVANIA — � aai pt County of MONTGOMERY ss o 2, u On this ith day of Jon..... 2021 before me personally appeared David M.Carey,who acknowledged himsell lobe the Assistant Secretary of Liberty Mutual Insurance m Company,The Ohio Casually Company,and West American Insurance Company,and that he,as Such,being authorized so to do,execute the foregoing instrument for the purposes == au therein contained by signing on behall of the caporatuons by himself as a duty authorized officer. IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day arts year first above written, N o � a0 COMIAOV\VEALLM Or PEN!ISTLVANIL p t 1 NdAnY$CY [/ E on O r infY Paa[eq.Npery P1�IK ` � 1 C C � F Uwvr w,n�i.:..MmgonMm Cwnr By: � A/ 0 y x•..QReM1S«pE.P.ea xwm2e.Mzl T wesa Pasldla.Notary Public Qo mN - u,vroe,>m,x\«vW.A.axwm a Nnwn\ pr o to �?I This Power of Attorney is made and executed oursuant to and by aulbormy of the following By-laws and Authorizations of The Ohio Casually Insurance Company. Liberty Mutual i ao 0 C Insurance Company,and West American Insurance Can?any which resolutions are now,in fug lace and effect reading as follows: d m ?x ARTICLE IV-OFFICERS:Section t2.Power of Atlerney. o 0 m Any officer or other oflicla of the CoiWation authorized for that purpose in writing by the Chairman a the President. and subject to Such limitation as the Chaimnan or the a— �_ President may prescrbe,shag appoint Such attorneys-in-lace,as may be necessary to act in behalf of the Corpaatian to male,execute,seal,acknowledge and derver as Surety _ of c any and all undertakings,bonds,recognizances and other surely obligations Such atlormys-m-fact.Subject to the limitations soil loan in heir respective powers of allo mey.shall 'o 3 m have full power to bind the Corporation by their signature and execution of any such insauments and to atach thereto the seal of the Corporation.When So executed,Such Cp w Zu instruments shag be as binding as if signed by the President and allesled to by the Secretary,Any power or autho ily granted to any representative a attaney-in-fact under the m proyisions of this aNde may be revoked at any time by the Boarc,the Chairman,the President or by the officer a officers granting such power or aulhaiy. ti a ARTICLE xlll-Execution of Contracts:Section 5,Surety Bonds and Uncenakings. Any officer of the Company autharized Ia that purpose in writing by the chairman or the president,and subject to such limitations as the chairman a the president may prescribe, Shall appoint Such atlaneysJn-fact, as may be necessary to act in behalf of the Company to make.exmle.Seal,acknowledge and deliver as Surety any and all undertakings, bonds,rocognizances and other Surety obligations.Such allomeys-in act subject to the limitations set lalh in Iheu respective powers of attaney,shall have lull power to bind the Company by their signature and exewtion of any Such instruments and to attach thereto the seal of the Company.When So executed Such instruments shall be as binding as d signed by the president and attested by the Secretary Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey.Assistant Secretary to appoint such attane.-s-in. fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as witty any and all undertakings,bonds,recogmzances and other Surety obligations Authorization-By unanmous consent of the Company's Board or Directors.the Canpany consents that facsimile a mechanically reproduced signature of any assistant secretary ot the Company,wherever annexing upon a certified copy of any prwc of altorney iuued by the Company in connection with surety bones,shall be valid and binding upon the Commiry with the same lace am ellad as though manually allied I, Renee C. Llewellyn,the undersigned,Assistant Secretary, Inn Oda Casually Insurance Company.Liberty Mutual Insurance Canpany,and'Nest American Insurance Company do hereby cably that the anginal power of attorney of whirl Iho foregoing is a fug.Inre and correct copy of the Power of Allo ney executed by said Companies,is in lull race and effect and has nor been revoked IN TESTIMONY WHEREOF,1 have hereunto set my hand an0 Mixed the seals of said Companies this IOth day of May 2021 1NSUq OE.1 P 1NSpq�P`Ar°q qH 1991 ny'rd �aDRenee C.Lle•wel n.Assistant Srrca M n LMS.12a73 LMIC OCIC WAIL Mue,CC WO Bond No. 24252128 Executed in Duplicate PAYMENT BOND (LABOR AND MATERIALS) KNOW A.LL PERSONS BY THESE PRESENTS WHEREAS,City of I luntington Beach(hereafter referred to as'City') has awarded to OomnlerciaLWatefpl9,ofina SysSvstems111a _DBA_ERCBoofing.and INatcrgrQQfinU:16.3.03ahn_SL-SantaAna..CFl_92Z01 (name and address of Contractor) (hereinafter referred to as*Principal'), a contract('Contract")for the work described as follows: -ReplacemenLoLtho Slater Flo od_ContLoLStadon—RaoLRcplaccmentPsoject_ (Project Title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the payment of claims of laborers,mechanics,niatedalmen,and other persons as provided by law, by a duly admitted surely insurer under the laws_ of the Slate of California (hereinafter referred to as 'Surety"): and Surely is certified and listed in me U S. Departrent of the Treasury Circular 570, and has provided proof of sufficient bonding limitalioa, as shown in said circular to provide bonds in the amount required by said Contract: and Surety has provided financial strength ratings from reputable companies, such as from A.M. Best, Moody or Standard 8 Poor's, to validate that Surety has positive ratings of being secure or stable; and Surety is registered and listed with the California Department of Insurance. NOW THEREFORE,we,the undersigned Principal,and The Ohio Casualty Insurance Company, 175 Berkeley Street Boston MA 02116 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of IwollundredEwenty_fjvelhouaand_Eo ur Huadred.Fifty_&OQL1Q0 dollars($225.450.Q0 ),this amount being not less than one hundred percent(100%)of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum,well and truly to be made,we bind ourselves,and each of our heirs, executors, administrators,successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal, his,her,or its heirs,executors, administrators, successors or assigns,or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code('Claimants')for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract,or any amounts due under the Unemployment Insurance Code with respect to work of labor perfoimed by any such Claimant.or prevailing wages due and penalties incurred pursuant to Sections 1774. 1775. 1813 or 1815 of the Labor Cod'_.or any amounts required to be deducted,vsthheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcon;racors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the worn or labor performed under Vre Contract. Surety will pay for the same, in an amount not exceedinc the penal sum specified in this bond; otherwise,this obligation shall be null and void. This bond shall inure to the benefit of any of;he persons named in Section 3181 of the California Civil Code so as to dive a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to day all court costs and a reasonable attorney s fee in an amount fixed by the tour. PAYMENT BOND Page I oft Ii 55a%I 17351 Surely stipulates and agrees, for value received.that no change,extension of lime, alteration, addition or modification to the terms of the Contract,or any conVaci document or any work to be performed thereunder,whether made after notice or not,shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, extension of time,alteration,addition,of modification to the terms of the Contract, the contract documents of the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEREOF.each party represents and warrants that this instrument has been duly executed by Principal and Surety,on the date set forth below,that the name of each corporate party being affixed hereto is such party's proper legal name and trial the individuals signing this instrmnenl have been duly authorized pursuant to the authority of its governing body. Surety,by execution of this bond,waives any defense which Surely has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: May 10 2021 ATTEST Commercial Waterproofi _ S sle s Inc f�E3L�EBG-i32ofi[W-aD�L R[osf 9- (Corporate Seal) (Principal N me) 9y Title: ATTEST The Ohio Casualty_Insurance Compan (Corporale Seal) (Surety Name Name: anessa Copeland Attorney-in-Fact (Signature of Attorney-in-Fact for Surety) (Attach Atemey-in-Fact Certificate) Bit 357-9500 (Area Code 8 Telephune Number for Surely) APPROVED AS TO FORfvt: _ By, fL� •.f.t.! MicF,ael E.Gales,-City Attorney r Note This bond must be e.ecured in dupinale and baled,aft signatures must be notarized, and evidence of the authority of eny person signing as aaorney-in-lac;thus!be attached PAYfidENT BOLD I'agc 2 of :i California All-Purpose Certificate of Acknowledgment 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 s.s. County of Dfzs"- L-le On S It 3 L262-( before me, ��r rJr �tYZ >� AcC l I VbTRF4 i u3c.tcr /!&n)ecfNolzrv,-to::c Tal± personally appeared MA t`r I V IA�L1 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JENNIFERSCHMALL WITNESS my hand and official seal — 22330 t z "fl COMM.Notaryy Public - California o z Riverside County My Comm.Expires Mar.3.2022 r .eLrt^of Friary=obhc c OPTIONAL INFORMATION -lrrboe gh tha rhr5 sec!!._,:; not raga.�,tl c/levy, it cou;o pre.5-m 6_ud!Jant: .Itv,,1-nd r_aYzchrent c, ;Ais aCS;ncwla;!nmenf to an unaurrrore2d oocumenr and may orovc usand to persons%lying,r?rh>;:Y9ch2J decor.�_=rtr Description of Attached Document The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification document titled/fpr the purpose of Proved to me on the basis of satisfactory evidence: Ur"Q ❑ fonn(s)of identification ❑credible witness(es) containing o2 pages, and dated S I I U/20 2,1 Notarial event is detailed in notary journal on: Page is_ Entry# The signer(s)capacity or authority is/are as: ❑ Individual(s) Notary contact: <'Attorney-fn-fact ❑ Corporate Officer(s) other %le sl ❑ Additional Signer ❑ Signer(s)Thumbprints(s) ❑ Guardian/Conservator ❑ Partner-LimiledlGeneral ❑ Trustee(s) ❑ Other: representing: N�rrpltl�I^er)prytl�'IIT,I[i.Jeer.:�[�rri.nrry tIJIaN Lea•w,-C•'en.?r--11 R.nhls Resift/-„ You Can purda5e i!: s form(IJrn'L'r =L'-a' wom il:2i7^;a:rsSi�:E�J CALIFORNIA ALL-PURPOSE ACKNOR'LEDGNI.ENT 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 mid not the truthfulness, accuracy;or validity of that document. State of California ) County of Orange ) On before me, Natassia Kirk-Smith Notary Public, personally appeared Vanessa Copeland Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose namc(s) Ware subscribed to the within instrument and acknowledged to me that he/shc/thcr executed the same in hisrher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certifv under PENALTY OF PERJURY under the lairs of the State of California that the foregoing NATASSIA KIRKAAM T H Notary public-California 7 paragraph is it and correct. j orange County _ 94 J Commission.22536t9 WITNESSaSiagnawc � My Comm.tapir es Aug Q.2022 S lgna fe: w Plucc rotary Seat Aborc ------------ OPTIOA'A/_ --------- -- --- — Though the information below is not required by law, it imiy prove valuable to persons relying on die document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ics) Claimed by Signer(s) Cnpacity(ies) Claimed by Signer(s) Signer's Name: Vanessa Copeland Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer-'ritic(s): ❑ Corporate Officer- Titic(s): ❑ Partner: Ell-invited ❑ General ❑ Partner: ❑Limited [] General © Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Otheri Signer Is Representing: Signer Is Representing: Rev. 1-15 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Libert�r Liberty Mutual Insurance Company MUtUal The Ohio Casualty Insurance Company Cenifeate No 8204696-971958 VVest American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: Thal The Ohio Casually Insurance Company is a corporation duty organized under the laws of the Slate of New Hampshire.that Liberty Mutual Insurance Company is a corporation duty organized under the laws of the Slate of Massachusetts,and West American Insurance Company is a corporation duty organized under Ine lawsof the Slate of Indiana(herein colleclively called Ihe'Companies'),pursuant to and by authority herein set forth,does hereby name,constilule and appoint, Eric Lou'ex', Kevin Cathcart,Lisa Pellerito.Mark Richardson,Katassia Kirk-Smith.Vanessa Copeland all of the dry of Costa NICaa state of CA each individually if there be more than one named,its we and lawful attorney-in-fact to make, exeate,seal,acknowledge and deliver,to and on ils behalf as surety and as Its act and deed,any and al undertakings,bonds,recognizances and other surety obligations,in pursuance of Inese presents and shall be as binding upon the Companies as It they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,Nis Power ol Attorney has been subscribed try an authorized officer a offaciai of the Companies and the corporate seals of the Companies have been affixed thereto this M, day of Jauoen'_ 2021 UEerly Mutual Insurance Company `tNSUq `(Y IM$U AtNSUq The Ohio Casualty Insurance Company West American Insurance Company s r191 P + o Uo 1919 n w 1991 e r+ `/� ,� By: m David M.Carey,Assistant Secretary Cx 2 to Slate of PENNSYLVANIA dui on County of MONTGOMERY as o 21121 before me personally appeared David M.Care j On this idl day of l:uwary p y pp y,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance `v o R Company, The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument fa the purposes w � therein contained by signing on behalf W the corporations by himself as a duty authorized officer. m m >OK IN WITNESS WHEREOF,I have hereunto subscriSed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. on O COMMONWEALTH OF OeM1N$TLVAYIA .r=Sisal Top. .Noury qW V/. . 1 '✓pp-- /JJ/,,` @ ( ( J el Cv--miwE, x.pWrri Cuunly lily: _ •'"CW°mseon E.prcea Flaxen}9.}09 Teresa Paslella,Notary Public Q o Chrq 1\ -0?r ��;�� umxr.vv..ari.•v xswonmallounn p0 to \� V C?) This Power of Attorney is made and executed pursuant to and by authority of the following Bylaws and Authorizations of The Ohio Casually Insurance Company, Liberty Mutual 3 m E= Insurance Cmpany,and West American Insurance Company which resolutions we now in fail face and effect reading as follows: Il m °x ARTICLE IV-OFFICERS:Section 12.Power of Attorney. OQ Any otlicer a other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman a the �3- President may prescribe,shall appoint such ahomeysin-fact,as may be necessary to as in behalf of the Corporation to make.execute,seal,acknowledge and deWer as surety m= C any and all undena'ings,bonds,recognizances and other surety obligations.Such aaoneys in-fact,subject to the limitations set forth in their respective powers of attorney,shad � o t have full power to bind the Corporation by their signature and execution of any such instruments and to ally da thereto the seal of the Corporation. When so executed, such a N z insbumenas shall be as binding as if signed by the President and attested to by the Secretary,Any power or authority granted to any representative or attaneyin-fact under the m provisions of this article may be itne d at any lime by the Board,the Chairman.the President or by the officer or otfcens granbmg such power a authority. ti L! ARTICLE%III-Execution of Contracts:Section 5,Salary Bonds and Undertakings. Any officer of the Company authorizeu for[hat purpose in writing by the chairman or the presdent,and subject to such lamplarpris as the chairman or the president may prescribe shall appoint such altoneyw-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings. bonds,recognizances and other sutely obligations.Such atlomeys-intact wbjrcl to the limiaaions set forth in their respective powers of attorney,shall nave lull power to bind the Company by their signature and execution of any won instruments and to attach Iherelo the seal of the Company.When w exewled Such instruments shall be as binding as it signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey.Assistant Secretary to appoint such atiomeysVn- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unammors consent of the Company's Board of Directors the Company consents[hat facsimile or mechanically reproduced signature of any assistant secretary of the Coopanv,wherever appearing upon a ceafied copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed 1,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty tnsuraoce Company,Liberty Mutual Insurance Company.and West American Insurance Company do hereby certify that the original power of whiney of which the foregoing is a full.Ime and correct copy of the Power of Attmey executed by said Companies,is in lug face and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto sel my.^.and am affixed the seals of said Companies this 10th day ol May 2021 o1N$bq `(V INSV P IN$pq 4 P o,4 4yr PJP +. Ryr. CP�ea°oe��9�Ln °1912� ^ � 1919 _ °1991 0 � m n ¢ o m F i O °'6ryc„„+`yAdD o3 .+s'�yD s3'•o�.•°�aD Renee C.Llewellyn,Assistant Secretary lM$-03e}3 URIC CCIC WAIC Mull C0 a110 DATE(IIIIIDDITY" ACOROe CERTIFICATE OF LIABILITY INSURANCE 5/20/2021 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(Hs) 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 endorsBment(s). PRODUCER %CONTACT AYS_ Lorene Casallas ERM Insurance Brokers Inc PHONE iAX 3000 W. MacArthur Blvd., Suite 120 PHONE 1L EM1:_949-222-0444_ - ;949-222-0445 Santa Ana CA 92704 ADDRESS: Lorene erminsurance.com - INSURERts)AFFORDING COVERAGE NAIOB LcenSeS.QH79377 INSURMA:Associated Industries Ins Cc 231 INSURED COMMWAT-C1 INSURERS Tokio Marine Specialty Ins Cc 23850 Commercial Waterproofing Systems. Inc. dba ERC Roofing 8 Waterproofing INSURER c State Compensation Ins Fund_ _ 35073 1630 Palm St. INSURER o California Auto Ins Cc 33342 Santa Ana CA 92701 INSURER INSURER F COVERAGES CERTIFICATE NUMBER: 1617027269 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. NN TYPE OF W&UPANCE T NUMBER PDLKY EFF POIMMI LICY EXP LMMTe A X COMMERCIAL GENERAL LIABILITY Y Y AES119193901 10/5/2020 10/5/2021 EACH OCCURRENCE S1000,000 CLAMS MADE X OCCUR ,PREMISE_;}.jE!!Qgag�MJ -11100 DOD _ME_D EXP IM)r�;wlwv) S 1 000 NA _ PERSOL B ADV INJURY •$1.000,000 GENL AGGREGATEA LBM LIMIT APPLIES PER: GENERAL AOGATE s DDO.D00 POLICY T JJEECTT _J LOD PRODUCTS-COMPiOP AGO s 2,000,0110 OTHER: S 0 AL/TOMOB4.e LABILITY Y Y BA040000055848 11/2112020 11/21/2021 C"rSt.D00.000 ANY AUTO BODILY INJURY(Per PBri en) 6 OWNED AUTOS ONLY �AUTO$ JU ULED BODILY INRY IPr 4MA 4N1 s X RTY AUTOS ONLY I`- AAUTOS NON-OWNED IP�FanNnI S B X UMBRELLA LIAR X OCCUR PUB741293 1016=20 1W5=21 EACH OCCURRENCE s5000000 EXCESS LIAS CLAIMS-MADE AGGREGATE S DEo RErENI APPROVED AS To Fna.4 s PER H C AND EMPSCOLIPENSATION Y 9123fi -2' 1f2027 1110022 STATUTE R AND EMPLOYFRa'LIABILRI' �y� -- - -- ANYPROPWETORIPARTNERIEXECUTNE YIN _ E- EACH ACCIDENT S 1 00C 000 OFFICEWMEMSEREXCLJOEDI C NIA MICHgEL E. GAT - (MAe4Mary In NH) CITY ES E, DISEASE-EA EMPLOYEE $1 000 000 nrw aewXuv 4- ATTORNEY - - - DES RiPTI N OF OPERATIONS ORbw Q( EL DISEASE-POLICY LIMIT 51.000.000 DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES IADOR0141.A44rNRnRI RPmArNR MNP4WR,mry G NiscMa II man PPKR n rpmn4l The certificate holder is additional Insured per CG 2010 0704/CG2037 0704.primary/non-contributory wording per form NXGL009 0809. waver of subrogation per CG2404 0509. 30day notice of cancellation per IL 1201 1185 auto additional insured per MCA85100817-CA including waiver, auto 30-day notice of cancellation per MIL 0270 0419 workers compensation waiver of subrogation per 10217(Rev.7-2014). 30day notice of Cancellation per 10217(Rev. 4.2018) Re Roof replacement at Slater Pump Station Certificate hoklerladtlrtlonal insured continued City of Huntington Beach its officers,elected or appointed officials.employees agents. and volunteers CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach P'V BOX 190 AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Policy Number: AES119193901 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Locations Of Covered Operations City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury' or damage" or "personal and advertising injury" "property damage"occurring after. caused, in whole or in part, by. 1. Your acts or omissions: or 1. All work, including materials, parts equip- ment furnished in connection with such work, 2. The ads or omissions of those acting on your on the project (other than service, maintenance behalf, or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed: or nated above. 2. That portion of 'your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project CG 20 10 07 04 m ISO Properties, Inc . 2004 Page 1 of 1 0 Policy Number: AES119193901 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Location and Description of Completed Or anization s : Operations City of Huntington Beach, its officers, elected c r appointed officials, employees, agents, and volunteers !information required to complete this Schedule, if not shown above will be shown in the Declarations. Section It — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury' or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 0 ISO Properties, Inc , 2004 Page 1 of f O Policy Number: AES119193901 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work"done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ Policy number: AES119193901 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD-PARTY) This endorsement mod,fies insurance provided under the followin,; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party All persons or organizations where required by written contract with the Named Insured (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work ) Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following 4. Otherinsurance With respect to the Third Party shown above this insurance is primary and non-contributing Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy NX GL 009 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office. Inc., with its permission POLICY NUMBER: AES1191939 01 IL 12 01 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number : 4 POLICY NUMBER POLICY CHANGES EFFECTIVE COMPANY AES1191939 01 4/21/2021 Associated Industries Insurance Company, Inc. NAMED INSURED AUTHORIZED REPRESENTATIVE Commercial Waterproofing Systems Inc ERC Roofing & Waterproofing Elissa Pacheco COVERAGE PARTS AFFECTED General Liability CHANGE $0.00 Additional Premium NOTICE OF CANCELLATION —CERTIFICATE HOLDERS (SPECIFIED DAYS) The person(s) or organization(s) listed or described in the Schedule below have requested that they receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the Person(s) or Organization(s) listed or described in the Schedule a copy of the written notice of cancellation that we sent to you. If possible, such copies of the notice will be mailed at least 30 days, except for cancellation for non-payment of premium which will be mailed 10 days, prior to the effective date of the cancellation, to the address or addresses of certificate holders as provided by your broker or agent. Schedule Person(s) or Organization(s) including mailing address: All certificate holders where written notice of the cancellation of this policy is required by written contract, permit or agreement with the Named Insured and whose names and addresses will be provided by the broker or agent listed in the Declarations Page of this policy for the purpose of complying with such request. This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s) or organization(s) shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule above to any benefit, rights or protection under this policy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. All other terms and conditions of this policy remain unchanged. �r Authorized Representative Signature IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 Copyright, ISO Commercial Risk Services, Inc., 1983 This page intentionally left blank Policy #BA040000055848 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Business Auto Broadening Endorsement This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) II. EMPLOYEES AS INSUREDS III. AUTOMATIC ADDITIONAL INSURED IV. EMPLOYEE HIRED AUTO LIABILITY V. SUPPLEMENTARY PAYMENTS VI. FELLOW EMPLOYEE COVERAGE VII. ADDITIONAL TRANSPORTATION EXPENSE Vill. HIRED AUTO PHYSICAL DAMAGE COVERAGE IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE X. LOAN/LEASE GAP COVERAGE XI. GLASS REPAIR — DEDUCTIBLE WAIVER XII. TWO OR MORE DEDUCTIBLES XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS XIV. WAIVER OF SUBROGATION XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT XVIII. HIRED AUTO —COVERAGE TERRITORY XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCAS5100817-CA Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page i of 6 BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY(Broad Form Named Insured) SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: d. Any business entity newly acquired or formed by you during the policy period provided you own 50%or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. Coverage does not apply to an "accident" which occurred before you acquired or formed the organization. II. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: e. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. III. AUTOMATIC ADDITIONAL INSURED SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. IV. EMPLOYEE HIRED ALTO LIABILITY SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: g. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name,with your permission, while performing duties related to the conduct of your business. V. SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We are not obligated to furnish these bands. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. Copyright 2017 Mercury Insurance Services, I.I.C. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 2 of 6 VI. FELLOW EMPLOYEE COVERAGE: SECTION II — LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee This exclusion does not apply if you have workers' compensation insurance in-force covering all of your "employees". Coverage is excess over any other collectible insurance. VII. ADDITIONAL TRANSPORTATION EXPENSE SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses, is replaced with the following: We will pay up to$50 per day to a maximum of$1000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". If your business shown in the Declarations is other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location. Vill. HIRED AUTO PHYSICAL DAMAGE COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the following is added: C. If Liability Coverage is provided in this policy on a Symbol 1 or a Symbol 8 basis and Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire, subject to the following limit: (1) The most we will pay for "loss" to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is less (2) $500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to "loss" caused by fire or lightning Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own of similar size and type. This coverage extension is excess coverage over any other collectible insurance. IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. Copyright 2017 Mercury Insurance Services,LLC. All rights reserved. MCASS100817-CA Includes copyrighted material of Insurance Services Office, Inc.,with its Permission Page 3 of 6 X. LOAN/LEASE GAP COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE C. Limit of Insurance, the following is added: 4. In the event of a "total loss" to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto," less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage. (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. The most we will pay under Auto Loan/Lease Gap Coverage for an insured auto is 25%of the actual cash value of that insured auto at the time of the loss. XI. GLASS REPAIR— DEDUCTIBLE WAIVER SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. XII. TWO OR MORE DEDUCTIBLES SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: If two or more "company" policies or coverage forms apply to the same accident: 1. If the applicable Business Auto deductible is the smallest, it will be waived; or 2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or 3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived. For the purpose of this endorsement "company" means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies. XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit, Or Loss, a., In the event of"accident", you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual, (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. Copyright 2017 Mercury Insurance services,I.I.C. All rights reserved. MCAS5100317-CA Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 4 of 6 XIV. WAIVER OF SUBROGATION SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5.Transfer of Rights Of Recovery Against Others To Us, section is replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, or Fraud, the following is added: Any unintentional omission of or error in information given by you, or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE SECTION IV— BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. For Hired Auto Physical Damage Coverage, is replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT SECTION IV—BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, the following is added and supersedes any provision to the contrary: e. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 5 of 6 XVIII. HIRED AUTO- COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 7. Policy Period, Coverage Territory, e. Anywhere in the world if:, is replaced by the following: e. Anywhere in the world if: (1) A covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less, and (2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to. XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V—DEFINITIONS, C. "Bodily Injury/' is amended by adding the following: "Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. Copyright 2017 Mercury Insurance services,LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 6 of 6 Policy Number: BA040000055848 MIL 02 70 04 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: BUSINESS AUTOMOBILE COVERAGE FORM A. Paragraphs 2. and 3. of the Cancellation 3. All Policies In Effect For More Than 60 Days Common Policy Condition are replaced by the a. If this policy has been in effect for more following: than 60 days, or is a renewal of a policy we 2. All Policies In Effect For 60 Days Or Less issued, we may cancel this policy only upon If this policy has been in effect for 60 days or the occurrence, after the effective date of less, and is not a renewal of a policy we have the policy, of one or more of the following: previously issued, we may cancel this policy by (1) Nonpayment of premium, including mailing or delivering to the first Named Insured, payment due on a prior policy we issued at the mailing address shown in the policy, and and due during the current policy term to the producer of record, advance written covering the same risks. notice of cancellation, slating the reason for (2) Discovery of fraud or material cancellation, at least: misrepresentation by: a. 10 days before the effective date of (a) Any insured or his or her cancellation if we cancel for: representative in obtaining this (1) Nonpayment of premium; or insurance; or (2) Discovery of fraud by: (b) You or your representative in (a) Any insured or his or her pursuing a claim under this policy. representative in obtaining this (3) A judgment by a court or an insurance; or administrative tribunal that you have (b) You or your representative in violated a California or Federal law, pursuing a claim under this policy. having as one of its necessary elements b. 30 days before the effective date of an act which materially increases any of y the risks insured against. cancellation if we cancel for any other reason. MIL 02 70 04 19 Copyright 2019 Mercury Insurance services, LLC Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission (4) Discovery of willful or grossly negligent a. This policy will automatically terminate at acts or omissions, or of any violations of the end of the current policy period if: state laws or regulations establishing (1) You do not accept our offer to renew safety standards, by you or your your policy by the end of the policy representative, which materially period; or increase any of the risks insured (2) there is any failure to pay premium, against, when due, for the renewal. Our (5) Failure by you or your representative to renewal offer is deemed rejected if implement reasonable loss control there is any failure to pay premium, requirements, agreed to by you as a when due, for the renewal. condition of policy issuance, or which were conditions precedent to our use of b. If other insurance on a covered "auto" is a particular rate or rating plan, if that obtained, any similar insurance provided by failure materially increases any of the this policy will terminate as to that covered risks insured against. auto" on the effective date of the other (6) A determination by the Commissioner of insurance. Insurance that the: c. Any coverage provided by this policy for a (a) Loss of, or changes in, our covered "auto" will automatically end when reinsurance covering all or part of that covered "auto" is sold, assigned, gifted the risk would threaten our financial or transferred to anyone other than you or a integrity or solvency, or relative. Coverage for that covered "auto" will end the earlier of when: (b) Continuation of the policy coverage (1) Title is transferred to someone other would: than you or a relative; (i) Place us in violation of California (2) Possession is transferred in connection law or the laws of the state where with the sale of the "auto" to someone we are domiciled, or other than a driver shown in the (if) Threaten our solvency. Declarations; or (7) A change by you or your representative (3) No driver shown in the Declaration has in the activities or property of the an insurable interest in the covered commercial or industrial enterprise, auto". which results in a materially added, C. The following condition is added: increased or changed risk, unless the Nonrenewal added, increased or changed risk is included in the policy. 1. If we elect not to renew this policy, we will mail b. We will mail or deliver advance written or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown notice of cancellation, stating the reason for cancellation, to the first Named Insured, at in the Declarations, and to the producer of c record,anniversary date. at least 60 days, before the expiration the mailing address shown in the policy, annive and to the producer of record, at least: W (1) 10 days before the effective date of We will mail or deliver our notice to the first cancellation if we cancel for Named Insured, and to the producer record, at the mailing address shown in the policy. nonpayment of premium or discovery of fraud, or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B. The following provision is added to the Cancellation Common Policy Condition: 7. Automatic Termination This policy, or coverage for a covered "auto", 2. We are not required to send notice of may automatically terminate during the policy nonrenewal in the following situations: period as follows: MIL 02 70 04 19 Copyright 2019 Mercury Insurance Services,LLC Page 2 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission a. If the transfer or renewal of a policy, without e. If the first Named Insured requests a any changes in terms, conditions or rates, change in the terms or conditions or risks is between us and a member of our covered by the policy within 60 days of the insurance group. end of the policy period. b. If the policy has been extended for 90 days f. If we have made a written offer to the first or less, provided that notice has been given Named Insured, in accordance with the in accordance with Paragraph C.1. limeframes shown in Paragraph CA., to c. If you have obtained replacement coverage, renew the policy under changed terms or or if the first Named Insured has agreed, in conditions or at an increased premium rate, writing, within 60 days of the termination of when the increase exceeds 25%. the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. MIL 02 7004 19 Copyright 2019 Mercury Insurance Services,LLC Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission ENDORSEMENT AGREEMENT BROKER COPY WAIVER OF SUBROGATION REP D1 BLANKET BASIS 9223640-21 FUND RENEWAL NA HOME OFFICE 4-60-87-7 SANFRANCISCO EFFECTIVE JANUARY 1 , 2021 AT 12 . 01 A.M. PAGE 1 OF 1 ALL EFFECTIVE DATES ARE AND EXPIRING JANUARY 1 , 2022 AT 12 . 01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME ERC ROOFING & WATERPROOFING 1630 PALM ST SANTA ANA, CA 92701 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION BLANKET WAIVER OF FOR WHOM THE NAMED INSURED SUBROGATION HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED ATS�AANFRFRANCISCO: 2572 AUTHORIZED REPRESENT PRESIDENT AND CEO SCIF FORM 10217 1REV.7-20141 OLD OF 217 ENDORSEMENT AGREEMENT CERTIFICATE HOLDERS ' NOTICE REP D1 9223640-21 STATE RENEWAL COMPENSATION NA FUND 4-60-87-7 PAGE 1 HOME OFFICE ;AN FRANCISCO EFFECTIVE APRIL 21 , 2021 AT 12 . 01 A.M. ILL EFFECTIVE DATES ARE 1T 12:01 AM PACIFIC ;TANDARD TIME OR THE 'IME INDICATED AT 'ACIFIC STANDARD TIME ERC ROOFING & WATERPROOFING 1630 PALM ST SANTA ANA, CA 92701 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THIS POLICY SHALL NOT BE CANCELLED UNTIL, 30 DAYS AFTER WRITTEN NOTICE OF SUCH CANCELLATION HAS BEEN PLACED IN THE MAIL BY STATE FUND TO CURRENT HOLDERS OF CERTIFICATE OF WORKERS' COMPENSATION INSURANCE. NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAANFRFRANCISCO: APRIL 23 , �2�021 2065 AUTHORIZED REPRESENT TMIVE PRESIDENT AND CEO x�6� State License"A,B.C-39 781499 SBE:1760522 ROOFING S WATERPROOFING Your Fneno in We Roofing Industry Since 1969 March 17, 2021 Proposal No.: 100613 Public Works Department City of Huntington Beach 19001 Huntington Street Huntington Beach, CA 92648 Project: Roof Replacement at Slater Pump Station Plan Date: 03/08/2018 Addendum: 1, Q&A Set 1 Proposal The following scope of work will include all materials, equipment and tools required to complete the framing and roofing installation per provided plans, specifications, and addendums: Roof Removal A. Remove existing built-up roof system down to wood deck. B. Loose lay red rosin paper. C. Nail a base sheet according to the wind uplift requirements. D. Install two plies of HPR Glasfelt in hot asphalt. E. Install extra layer of Garland Stressply EUV in hot asphalt in all angles, base (lashings, penetrations, and drains. F. Install Stressply Plus FR Mineral in hot asphalt on entire Field and base fleshings. G. Install Tuff Flash liquid Flashing with embedded Grip Polyester Firm over all wood blocking. H. Coat entire roof with White Star and embed 401bs of mineral into coating while it is still wet. Broom, blow, and clean up any loose minerals after coating has cured for 48 hours. I. Replace existing counter Flashing with 24-gauge Kynar. J. Replace existing coping metal with 24-gauge Kynar. 1630 Palm Street,Santa Ana,CA 92701 • Office 714.667.6000 • Fax 714.667.7000 • w .ercroofing.com ERC Roofing 8 Waterproofing is a Division of Commercial Waterproofing Systems,Inc. Suite license#A,B,C39 7B3499 SBE: 1760522 *9= Your Fneno in the Rooting Indus"Since 1989 Composite New Roof System A. Remove existing roof system down to deck and haul away debris, conduct inspection of existing substrate for possible repairs. B. Remove and replace all fascia boards. C. Install one layer of Garland R-Mer Seal self-adhering underlayment. D. Install all new metal trim with new 24-gauge Kynar metal. D. Install new GAF Timberline HD shingles. (Color TBD) Metal Roof and Muffler Removal A. Disassemble mufflers at roof line and dispose. B. Remove seven (7) metal panels and set aside. C. Replace wood framing, insulation, and wire mesh in within area of scope of work. D. Reinstall metal panels. Structural A. Add 4x10 beams and related members to joisting for added support for new mufflers with necessary blocking. B. Replace insulation and bird mesh. C. Assemble and disassemble scaffolding as needed to perform work activates. Muffler Installation A. Install new, City-supplied exhaust mufflers, align, and fasten. B. City employees, in conjunction with a City provided pipe fabricator/ welder, will make final connections to the pumping plant engine. C. City employees will be responsible for keeping the water level below the concrete deck during work activates. Total Labor: $125,650.00 Total Material: $49,800.00 Total Equipment& Fees: $50,000.00 Total Cost: $225,450.00 Respectfullysubmitted, Matt—Maciha/// Project Manager/Estimator 1630 Palm Street.Santa Ana,CA 92701 • Office 714.067.6000 • Fax 714.667.7000 • wwvI.ercroofing.com ERC Roofing 8 Waterproofing is a Division of Commerciat waterproofing Systems.Inc. _� State License NA,B.C-39 761499 l SAE: 1760522 ROOFING 6 WATERPROOFING Your Friona in Ne Rooting Industry Since 1989 List of References 1. Name of Project: Roof Replacement at Southwest Senior Center a. Owner: City of Santa Ana b. Address: 2201 W. McFadden, Santa Ana, CA 92704 c. Authorized Representative: Robert Aguirre (714) 329-9621 d. Contract Amount: $260,725.00 e. Actual Date of start& completion: 9/8/2020 - 12/3/2020. f. Scope of Wok: Remove and replace BUR hot mop roof system. 2. Name of Project: Joseph Kerr Middle School HVAC & Roof Replacement a. Owner: Elk Grove Unified School District b. Address: 8865 Elk Grove Blvd, Elk Grove, CA 95624 c. Authorized Representative: Michael Bean (916) 869-3414 d. Contract Amount: $4,228,789.78 e. Actual Date of Start &Completion: 6/3/2019 - 10/02/2019. f. Scope of work: Removal of existing roof& installation of new mechanically fastened single ply roof system. Remove & replace HVAC equipment. installation of reinforced framing for new HVAC equipment. 3. Name of Project: Herman Leimbach Elementary School, Prop 39 Upgrades a. Owner: Elk Grove Unified School District, b. Address: 8101 Grand staff Dr, Sacramento, CA 95823 c. Authorized Representative: Michael Bean (916) 869-3414 d. Contract Amount: $1,210,000.00 e. Actual Date of Start &Completion: 6/24/2019 - 11/14/2019. f. Scope of work: Remove and replacement of HVAC, lighting, and partial single ply roofing system. Installation of new reinforced framing for new I-IVAC equipment. 1630 Palm Street,Santa Ana,CA 92701 • Office 714.667.6000 • Fax 714.687.7000 • w .ercroofng.wm ERC Rooting& waterproofing is a Division of Commercial Waterproofing Systems, Inc. CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing wort: on Public Works Projects to register on an annual basis (each July I through June 30 state fiscal year) with the California Dcparunent of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom it public works contract has been awarded shall sign the following certificate. DIR FACT SI IEI f on SB 854 http:/hvww.dir.ca.gov/DLSE/Public Works/SI38541"actShcct_6.30.14.pdf' DIR's Contractor Registration Link—Call (844) 522-6734 hops://cl iling.cii r.ca.gov/PWCR/ActioilServlct?action=display[)W('IZcgistiationl=orm DIR's Contractor Registration searchable database: https://el iling.clir.ca.gov/I,W(:IZ/Scarch.actioii I am aware and will comply with the provisions of Labor Code Section t 771.1(a) which states: "A contractor or subcontractor shall not be qualified to hid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthennore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid, or no later than contract award date. Commercial Waterproofing Systems, Inc. dba ERC Roofin & a r roofing Contractor By Matt Maciha Attorney-In-Fact Title Datc: G-' v 'Ti?-i Home ®P� CONTRACTORS STATE LICENSE BOARD ®Contractor's License Detail for License # 781499 DISCLAIMER:A license status check provides Information taken from the CSLB license database.Before relying on this information,you should be aware of the following limitations. . <s[a ra-ai.wa«ar,..<, r,aa.ra..InaP n..cmrW,..aa�•.•a••rapauaa.aa+"a«raa...n.a a,tat n••..a.oa...o,u.,rw.a.. ml.,,..aa,[wr ne a..anm•o-•era.,a..u..man. o,l.:.Y•.:r•,ne.a.rm..enw[•'.,n.en.,ee meua.r.a«lo•.e lu+ml::,� -.L,..«•,.r..ara.ee,...w t4[:,..aa•..,rasaare. .r,.:.,.,. . 0.e:+ru•.u•..Uv.m•,a..rr,mrnyn,.:unm•r n••m/, •..r.,.M•r.i.•WrC,Wrn..Ov:.La:. Data current as of 3/17/707I 7:7B7G PL1 COMMERCIAL WAIE4PCoor0:O 5+STE'+Sm'C DBA ERC ROOFING AND'NAI ERPROOKINC 1630 PAL N STREE I SA-TA ANA,CA 10I 0-press Phone Number(ile)657 6000 Entity CorPOntmn 1[wrOtle O:r'li(i M0 4pIr.D.b 01,5112017 lhia hone b aw.m[urd a.tiv.. All ird-inatiaR below ah.Vld be nvl.v+.d. • A-0EVCTAL Cp41'ICCPInL C04IRACID[ • B�Cr4EP..ALBUNCINC(9NTRACIOk Cant...tar•Bond Ihra L.ense filed a Contractor"s Bond with 1UPETEC IUSURANCE C04PA.v(, Bond RNmbo:516}6[1 Band Amaum:515.000 EM-Ust Data:Ot III/:WO Cuunctor,Bcnd Nnu.r6 Bond of Qu.ulying mdlNdu.l Th.. lLfymgrn -dual GARRETT ROBERT CLARN[vWredt he,he/she owns lC pee[eatnmore of the young a:o[:)mem0e'ihrp interest DI this.am V+n'L Ihertlore•Ina Bono RI QsMd1,ng NOmCu+l b rat rpuiren. Effective pate:IM1,I701u SQL B—j"'%L •: • n 01eme Meo 0o'reolQw:rlpng I li'odunlwmbn Oew [R BllselE01orIC IONN SPIN,rn 1he.ucoun[.1511,504 nis'LIE YCO VSU^c.CF COMP.1n I. Effective Date:OTOV7019 BM.Bond Immry This Nense has wi,,em comp—matron rmuunce w:th the STATE COMPE.4 SRTION INSU+%•ACE FUND valicy Rumbe.:91116AO Effmive Dote:01 AD11!015 E[pia Otic I11i0:11011 'n'n R.n .Drop.. a.•emr e. St ,e M1 ® Q 1 0 0 11111b Contractor:nformation F:egisra.ion History •�l:;hc nar E.DB➢[bn OSte Lagal JaL':iVp!' a lf. C5 ]. :J Ptpl[tplbn aunYrtr C+ :4 ::f\C]145 Qr':LYrtl[r:e-ecthe mae al:IstrdLlM bplulbn ae. IAYIIf(,'npOrelS L4h}Irdl xaDl2if -.>Li-CZ`_:.l'C17 =1":r [man nubs, ina•NamHYDa> l/:Cryl liYn'DCr lal Legal Entity information Corporalion Fntiry h mbel: is 35:L3 Federal Ernploiment laenti9[atien llam Der. _.:S6--e preSiaent Name: Vic¢Dresia¢n;Nate: Treasurer`:ame: Sevelary N]mf. CEO N.,.: Az." 11.1r: _ .....r a nl ul 5¢'crte tla li.r_ kdalels. .... :n�V.1rfE[ _...�,..,,.:.4:?u;r,.iJ^C2] i.3._.:... ...r ..• City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ �v%ti,�v.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk May 26, 2021 ERC Roofing Attn: Matt Maciha 1630 Palm Avenue Santa Ana, CA 92701 Dear Mr. Maciha: Enclosed is a copy of the "Service Agreement between the City of Huntington Beach and ERC Roofing for Replacement of the Slater Flood Control Station Roof Replacement Project' approved by the Huntington Beach City Council on May 17, 2021. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) '-j , e CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: , ,_&/�7 I SUBJECT: Bond Acceptance I have received the bonds for f-7RC 11200 / . 67 (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. �L�Z,Sr,c2� Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved /9Ile, (Council Approval Date) CC No. Agenda-Item No. ?/- )?. MSC No. ts�� City Clerk Vault No. Other No. SIRE System ID No. 521q OLI gAorms/bond transmittal to treasurer City of Huntington Beach File #: 21-283 MEETING DATE: 4/19/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Sean Crumby, Director of Public Works Subject: Accept the lowest responsive and responsible bid and authorize execution of a maintenance contract with Commercial Waterproofing Systems, Inc. (ERC Roofing and Waterproofing), in the amount of $225,450 for the Slater Pump Station Roof Replacement Project, MSC-534 Statement of Issue: On March 3, 2021, bids were opened electronically for the Slater Pump Station Roof Replacement Project, MSC-534. City Council action is requested to award the maintenance contract to Commercial Waterproofing Systems, Inc., doing business as ERC Roofing and Waterproofing, the lowest and responsible bidder. Financial Impact: Total funds for the project, including contingency and supplemental expenses, are estimated at $302,158. Funds for the project are available in Infrastructure Fund, Account No. 31440003.82200. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Commercial Waterproofing Systems, Inc., doing business as ERC Roofing and Waterproofing, in the amount of $225,450; and, B) Authorize the Mayor and City Clerk to execute a maintenance contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, or provide staff with an alternative action. Analysis: The Slater Pump Station, located at the end of Slater Avenue west of Graham Street and directly adjacent to the East Garden Grove Wintersburg Channel, was constructed in 1964. The building was upgraded in 1980 to include a reinforced concrete block building and a built-up roof system sitting upon a wood frame. The built-up roofing at this building, including five mounted exhaust mufflers, are at the end of their useful life and need to be replaced. City of Huntington Beach Page 1 of 2 Pnnted on 411412021 powelec%54 Leg.Val - File #: 21-283 MEETING DATE: 4/19/2021 Bids were due electronically on March 3, 2021 , with the following results: BIDDER'S NAME BID AMOUNT (Amount Read at Bid Opening and Basis of Award) Commercial Waterproofing Systems, Inc., $225,450.00 dba ERC Roofing and Waterproofing Letner Roofing Co. $356,520.00 Bishop, Inc. $980,000.00 Staff has checked references for ERC Roofing and Waterproofing and recommends award of a maintenance contract in the amount of $225,450. The total estimated project cost is $302,158, which includes the maintenance contract, a fifteen (15%) contingency, and supplemental expenses, such as contracted construction management and inspection services. Environmental Status: The project is categorically exempt pursuant to Class 1, Section 15301d of the California Environmental Quality Act. Strategic Plan Goal: Enhance and maintain infrastructure Attachmentls): 1. Vicinity Map City of Huntington Beach Page 2 of 2 Printed on 4/14/2021 oowere `CL4 Leoisiar- �O �G N BOIL AVE F NTS Mc FADDEN N AVE. ry� U O z N EDING R AVE. C J OW YO m Q 4 (n N 0 ? HEIL = m AVE. m m O z 3 Cn m z m W Of N o WAR ER � W z = AVE. a o o SLATER 0 � AVE. 405 TALBERT AVE. PACIFIC ,o ELLIS AVE. �. GARFIELD AVE. - H H m F In 1n In V) c YORKTO WN AVE. 3 o�sr � o (n ADAMS g AVE. PROJECT LOCATION ° op �a� W z I Slater Lift Station 9 O g INDIANAPOLIS AVE. (A row ATLANTA AVE. m a m = J Y HAMILTONz a 0 m m m yyY BANN NG OCEAN AVE. REV 03/31/21 SLATER LIFT STATION PROJECT VICINITY MAP 'jj CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS I OF 1 55