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HomeMy WebLinkAboutACCO Engineering Systems - 2022-01-01 RECEI ED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to "IV City Clerk's Office f after signing/dating 3o - .2 (Dare) - a CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: ` 02 Z SUBJECT: Bond Acceptance I have received the bonds for �_� llYh/�Pt/C�G.ft/S/T �Yf 1J (Cahill Nl CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. �S/� Payment Bond (Labor and Materials) Bond No. 23251Z 4 J 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 /ti (Co AW AAW"Deb) CC No. Agenda Item No. n Ix MSC No. City Clerk Vault No. �llJU• c�(J Other No. �P/eVICQi eC/YiLJt� SIRE System ID No. '1 g/formstbond transmittal to treasurer SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ACCO Engineering Systems FOR RV Parking Lot and Jr. Lifeguard Parking Lot 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 ACCO Engineering, Systems, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of electrical equipment installation. 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 Nunicipal 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 Andy Lufkin, 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. 22-10849/274703 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit "13." The total sum to be expended under this Agreement, shall not exceed 428,480.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Pavment 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 E.,xhibit `B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence 01/01/2022, or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate 04/01/2022, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule and Tenn 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 tit. 22-10849/274703 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 acid 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. 8. Workers Compensation Insurance pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et 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 Liability 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 (S 1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 22-10849/274703 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. 10. Automobile Liability Insurance Contractor shall obtain and fumish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate "Additional insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed oficiols, employees, agents and volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 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 Contractor's 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. 22-108491274703 4 12. 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. 13. 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. 14. 'rermination 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. 15. 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 partly, which are not embodied herein. 22-10849/274703 5 16. 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 which shall not be unreasonably withheld of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing 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. 17. 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. 18. 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 Andy Lufkin Attn: Joseph Fuentes Attn: 2201 Park Place .4400 2000 Main Street El Segundo, CA 90245 Huntington Beach, CA 92648 19. 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 consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 22-10849/27,1703 6 21. 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. 22. 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 context 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. 23. 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. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. 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. 25. 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 Huntington Beuch City Charter Section 309, the City Attorney is the exclusive legal counsel for City, 22-10849/274703 7 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. 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 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. 27. 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. 28. 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. "this 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 detemnined 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. 29. 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 Slates, 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. 22-10849/274703 8 30. 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 attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law '['his Agreement shall be governed and construed in accordance with the laws of the State of California. 33. 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 filly 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. 34. 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. 22-108491274703 9 35. 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 Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a ACC O ENG EERE S MS municipal corporation of the State of California By: INITIATED AND APPROVED not na e ;TITS: cir a an/P nt/ e Prest en I irector of Public Works APPROVED AS TO FORM: By: ITS: (circ one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer City Attorney Palmer secretaryAedmant REVI DAN APPROVED: ,ty Manager RECEIVED: City Clerk 3 �� 22-108491274703 10 engineered VIA FedEx ' systems .. , u_,I v... ,. m,9%2226 24 Hr Service Date: January 14, 2022 969 East Walnut Street Pasadena.CA 91101 Joseph Fuentes City of Huntington Beach Re: Service Agreement I RV Parking Lot & Jr. Lifeguard Parking Lot 2000 Main St, Huntington Beach, CA 92648 ACCO Job No. 70730327 Dear Joseph Fuentes. Please find enclosed the payment and performance bonds for the above-mentioned project, executed and signed by ACCO. Please let us know if you have any questions or comments. Thank you for your continued confidence in ACCO Engineered Systems, Inc. We look forward to a successful project completion and we hope our performance enhances our relationship. Sincerely, {_ 1� Ap- i- Keppy Odusi Contract Administrator x� Bond Number:9395471 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereafter referred to as"City') has, by written agreement dated _10ligry 1 ,2022 entered into a contract with ACCO EngineeiedS)5temsl lnc. RRR F"t Wnlnut Ctreet Pnsadrno rnl(forn'n 91101 (name and address of Contractor) (hereinafter referred to as"Principal"), for performance of the work described as follows: Project Nome:RI/Parking Lot and Jr.Lifeguard Parking Lot (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 n full; and Said Principal s required under 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 "Surety'); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570. and has provided proof of sufficient bonding limitations as shown h 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 AM. Best, Moody's, or Standard & 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, as Principal, and Fidelity And Deposit Company Of Maryland 7775 Fin reroo Street Suitr ?900 tn5 An_o Inc CA 90017 (name and address of Surety) as Surety, are held and firmly bound unto City n the penal sum of r' ate________ _ r Four Hundred Twenty-Eight Thousand Four Hundred Eighty and 00/100s Dollars ($_,�4_28.480.00 t this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors,jointly and severally, firmly by these j presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and al of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if 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 by the Obligees by reason of the failure a default on the part of the Principal n 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. Surety stipulates and agrees, for value received, that no adjustment of the time or price n the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations 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 4584/1 1 7174 Bond No. 9395471 to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments ii the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Cade§§ 2845 and 2849. 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 which survive completion of the work. N WITNESS WHEREOF, each parry represents and warrants that this instrument has been duly executed by Principal and Surety, an the date set forth below, that the name of each corporate parry 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:__ January 7,2022_ ATTEST f�� ACCO E in Bred st Zn (Corporal eal) Jerre) Ely- — — Name: Tide:_ ppW��_�Yfu�chPallCmera ATTEST Fidelity And Deposn IC"otmPany Maletryland (Corporate Seal) rJam Donna Garcia,Attorney-In-Fact (Signature of Attomey-in-Facl for Surety) (Attach A¢«ney4nfact Certsca_te) (_� (847/413-s2T epha�hl�nbaia3tuety)-- s�� APPROVED A5 TO F(*V BY Oty Attorney Note.' 7hs bond mat t e executed n dupkare and dated, all signatures must to notenzed, and evda nce o17e auUrority of any person signing as abomey-in-ract must to afratlred. PERT dFMAN .'E BIO D Page 2 ot2 15-4584/117174 CALIFORNIA ALL-PURPOSE 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 Califorua County of Los Angeles On JAN 07 2022 before me, Tracy Aston. Notary Public, personally appeared Donna Garcia 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/tom executed the same in his/her/4 authorized capacity(i6s), and that by his/her/tom signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify tinder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. gemy?�.� TRACY ASTON Notary Public-California ro '�� Los An eles Counf T _ mCommissions r WITNESS my hand and official seal. 'may: :223555Z My Comm.E.Oires May 15. 2023 Signature Signature of Notary Public ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POYVER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York, the COLONIAL, AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies'), by Robert D.Murray,Vice President, in pursuance of authority granted by Article V, Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint B. Aleman, Tracy Aston, Tom Branigan, Simone Gerhard, Rosa E. Rivas, Edward C. Spector, Marina Tapia, Nathan Varnold,Donna Garcia and KID Wripato,all of Los Angeles,California, EACH, its true and lawful agent and Attomey-in-Fact,to make, execute, seal and deliver, for. and on its behalf as surety, and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies,as fully and amply,to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Man•land., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills,Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 6th day of March,A.D.2019. �k Im a� < 'P' m ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUAL;FY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Bv: Robert D.Murray Vice President �R,4f/rL L )tom B_v: Down E. Brown Secretary State of Man-viand County of Baltimore On this 6th dap of March, A.D. 2019, before the subscriber,a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. hlurrm,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly swom,depowth and mith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. CL Constance A. Dunn,Notary Public ror;g,i,T My Commission Expires:July 9,2019 rrbrnno"` EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8,Attomevs-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may. by wrinen instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Secretat- of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AN1ERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attomey is still in full force and effect on the date of this certificate; and I do further certifi•that Article V. Section 8, of the By Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretan and the Seal of the Company may be affixed by facsimile on any Power of Attorney..-Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. and the following resolution of the Board of Directors of the FIDELITY .AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I0th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attomey issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. fN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of /_= 0 7 2022 n ten! _ n m• ` u� By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, 1L 60196-1056 www.reports fc laim snzurichna.com 800-626-4577 Bond Number:9395471 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereafter referred to as "City') has awarded to ACCO Engineered Systems, Mc. 888East Wolnut5treet Pasadena California 91101 (name and address of Contractor) (hereinafter referred to as"Principar), a contract ("Contract") for the work described as follows: Prnfert Nome RVV RaLking lnt and Jr 14fepuurd Parking lot (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, materialmen, and other persons as provided by law, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as 'Surety"); and Surety is certified and listed n the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitation, as shown n 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 AM. Best, Moodys 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___ Fidelity And Deoosit Comoonv Of Maryland 7775 Ffaueroo Street Suite 3900 Los Angeles C,4 90017 (name and address of Surety) as Surety, are held and firmly bound unto City n the penal sum of Four Hundred Twenty-Eight Thousand Four Hundred Eighty and 00/100s __ dollars (55428,480_00 ` this amount being not less than one hundred percent (100%) of the total price set forth n the Contract, n 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, Kthe Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shag 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 periormance of the work described h the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor periormed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor periormed under the Contract, Surety will pay for the same, n an amount not exceeding the penal sum specified h this bond; otherwise, this obligation shag be null and void. This bond shall inure to the benefit of any of the persons named n Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action 's brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. PAYMENT BOND Pagc I oft 15-584/117357 Bond Number:9395471 Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall n 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, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. N WITNESS WHEREOF, each parry 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 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:-_ lanu�ry7 2022_ ATTEST ACCO En ineered Svsfems. Inc. (Corporate al) I Na By--A-s1st5ntpSecItM Name: _ _ Title: alm ATTEST Fidelity And Deposit Company Of Moryland (Corporate Seal) \- -j}yC> ( ry Name) Name"_JD ney In-Fact (Srgnahae of Attu act br Surety) (Attach Attorney-in-Fad Certificate) L )--L847f,413-5231--^ -(Area Code 8 Telephone Number for Surety) APPROVED AS TD'FOORM: ay: Id'¢3;ael E.Gates,-Ciry ttorney % I Note: nrs bond must be execulad n duplicate and dated, a1 seJnatums must he e notanzed, and evidence of the authority ofany person signing as aifomey-i tiact must be andmo.. PAYMENTF BOND RWc 2 of2 1545841117357 CALIFORNIA ALL-PURPOSE 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 Los Angeles On JAN 0 7 2022 before me, (racy Aston. Notary Public, personally appeared Donna Garcia who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arm subscribed to the within instrument and acknowledged to me that he;/she/tom executed the same in his/her/theif authorized capacity(ics), and that by hisfher/ signature(g) 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. TPACY ASTOh' Notary Public-California Los Angeles County, _ WITNESS my hand and official seal. Commission:2235552 My Comm.E.pires May 15. 2023 v �Signature L Signature of Notary Public EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V. Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances. stipulations, undertakings, or other like instruments on behalf of the Company. and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto:and may with or without cause modify of revoke any such appointment or authority,at any time." CERTIFICATE 1, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and 1 do further certify that Article V. Section 8, of the By Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney.-Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of 101 HdIO By: Brian M.Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reports fc la imsn.zurichna.cont 800-626-4577 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois. and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray,Vice President, in pursuance of authority granted by Article V, Section S.of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof. do hereby nominate, constitute, and appoint B. Aleman, Tracy Aston, Tom Branigan, Simone Gerhard, Rosa E. Rivas, Edward C. Spector, Marina Tapia, Nathan Varnold, Donna Garcia and KD Wapato,all of Los Angeles,California, EACH, its true and lawful agent and Attorney-in-Fact,to make, execute,seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies, as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills,Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a We copy of Article V, Section 8, of the By-laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed hisfher names and affixed the Corporate Seals of the said ZURICII AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and �fFIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 6"day of March, A.D.20t9. 100; =v AT-rEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Btc Robert D. Murray Vice President By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 6th day of March, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert 1). Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally(mown to be the individuals and officers described in and who executed the preceding insuument,and acknowledged the execution of same,and being by me duly swam,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument we the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. z j' Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 /'rTund"` i I INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Public Works 2. Date: March 17, 2022 3. Name of contractor/permittee: ACCO Engineered System, Inc. 4. Description of work to be performed: Service Agreement for RV parking lot and JR. parking lot 5. Value and length of contract: 3 months, not to exceed $428,480.00 6. Waiver/modification request: Deductibles of $500,000 for General Liability. $150,000 for Auto Liability, $300,000 Work Comp. 7. Reason for request and why it should be granted: City only allows up to a $10,000 deductible for General Liability and $1,000 for Auto Liability however, ACCO Engineered has provided a financial statement to prove they are in good standing. 8. Identify the risks o the City j ppro in waiver/modification: Low AZ Departn a ture ate: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Manager's Office is only required if Risk Management and the City Attorney's Office disagree. 1, Risk Management (Approved ❑ Denied L 3-1 2 S gnature Date 2. Ciitt Attorney's Office Ly Approved ❑ Denied Signature Date 3. City Manager's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request Is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources Waiver Form 3/17/2022 9:24:00 AM I be CERTIFICATE OF LIABILITY INSURANCE �F THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TIIE CERTIFICATE HOLDER. THIS CERTIFICATE. DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. a THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERiS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: It the cerfificate holder Is an ADDITIONAL INSURED, IRA polleyiles) must have ADDITIONAL INSURED provisions or be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conclUons of the policy, certain pofcles may require an endorsement. A statement on this Cadillcata does net cmd.r rights to the cadl0cala holder In It..of such endorsement(.). 1A .CCR cola 1 AOn Risk Insurance Services WCst, Inc. 'Past 9662837122 rAs (800) 361-0105 Los An ales U office Cth E•': o 707 Wt lshire Boulevard 1. s Suite 2600 AZORcsa: Los Angeles CA 90017-0460 USA waWlFRlalaFlnPOL4dCMEM(tE NAIL. Peon WSUXFRA- Liberty mutual Fire ins Co 23035 ACCO Engineered System. Inc. WO..O: Lm Insurance Corporation 33600 889 East Walnut Street Pasadena CA 91101 USA museac: i wWlaeo: wfu"RC: InWACP I: COVERAGES CERTIFICATE NUMBER: SIDD91047638 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEU TO flit INSURED NAMED ABOVE FOR 111E POLICY PERIOD INDICATED. NOTWITHSTANDLVG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAW, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOVM MAY HAVE BEEN REDUCED BY PAID CLAIMS LlmRs shown m as requested MA rYYCOINSUAAX1 Am. meatFOto,aue.FR PatIL'}ffr eO11CYCYA IWe % COMYIAEYL N4fMEl YR01rY TB 022 1 FacHnL4PRF.4LE S2,000r0OO CtAWaaVOE ❑% occuR vm ENTED $1,000,000 % cwovaaassgaoo .tott"Aerasapnu4 55,000 11.3caua.Arry w,asTr SZ,000,000 aENLAwAEaAtE LlIaf AJ'rLE9 PER cLAERALAw+LaA1L S4,000,000 POLcv nx her n% Lac PROO'CTa-co.Aio Asd $4,000,000 '$E, OTHER AmoLroese weanv v A52-661-067353-021 10/01/202 10/01/2022 mvartul aevE Lum 55,000,W F X Aw AUTO 90LLYLvr fm(Par Pu—I IXYMCa 611EWiE0 waYLY wrtk,(Pa,MCW/11 Zy .VIfa60rvLV AUEOS 4FA y IVIFO Awes NCHOM. PRO.,.. tT o v AEnon o4Lr M., . •� a.mvaz —EIA-8 —LR FIL.OuaXFHCE V C Cxss YM —.S.AM A004641E o AETFMKKI WOFAJAe(wPEYaarur A4o v WAS66DO67353011 10/01/202110/01/2D22 X rFP surwE o1H EY0.0TErtl'Lw.N1Y MT eRCM1EfaR/MALcvm RMRF. EL EAfM H:CIK,M SI,OOO,OOO Ofii rANflII'A[111VXa) (M�aM[In FM FI.O:e(ASE FA FYROIFF Sl„OOO,OOO V tt4 saacb v.n ^•^RmTnlloFratRuoms re,. LL oawcroxvuun S1,000,000 0I.ClvP.OF b4Mnoea/LOC.T..(VEH14 CLIACORou,...Au—..Glove.,ea,aa.YaaN nNn,Fata n,w•FMl [RE: Service, All Operations for city of Huntington Beach.] tltlra Al: The City of Huntington Reach, its officers, elected or a poiared officials enployees, agents and volunteers) are T ncluded as Additional insured with respect to the General Liability and AutoRnb�le Liabilityy Policies; granted a waiver of Subrogation for workers' compensation Policy; and General Liability Policy evidenced herein i5 Primary to other insurance available as required by written contract but limited to the operations of the insured under the said contract. contractual Liability is included in the General I.iability Policy. ' CERTIFICATE HOLDER CANCELLATION aHC.IP .w' OF U.. AaOVC ....a. 10,IC.1 eE C vCUL.00 80'"1 Tut ..rmArgn ..It IXERCOF. NmlCa .11 OE otLMnry 1. Attoa.ly wnH Iva IOLCY IRPtbP9. The City of Huntington Beach AvrwllaoumeeEArMwe �j Attn: Joseph Fuentes 7000 ng Street Hunt a . Huntington Beach U 92648 USA 01888-2016 ACORO CORPORATION.All rights rosorved. ACORO 25(20161031 The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 10071564 LOC if; ADDITIONAL REMARKS SCHEDULE Page _ of _ •Drier NAuen r:3wPn Ron Risk insurance services west, Inc. ACCO Engineered Systems, Inc. v ."DE. see certificate Number: 570091647638 c.ARlra RAx cwe see certificate Number: 570091647638 vsEal.E are ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORO FORM, FORM NUMBER; ACORD 25 FORM TITLE: CaNAcato of 1-lability Inwrm INSURER(S)AFFORDING COVERAGE NAIC N INSURER INSURER INSURER INSURER ADDITIOV.\1, YOLICI&S Ifa policy belovdoes not includc limitinfonnntion,rcfermthe corresponding policy on theACORD certificate form for policy limin. roucY ratio' I13R A.m. 311aa IOLICYI'W1•LR CIICCIIVL L1IIRAT101 L11M I,TA T1Y[orI13uRAyCc Imp 1Yv DATE DATE p1.WD0TTY 11uDD/Ytl'1 Y.VRKERS COMPENSATION % Deduc Oble $300,000 ACORD 101(2MU01) o M43 ACOR➢CORPONATtoN.All Dam•m.rv.d. n.Aeaao lum.•nd teyR•r.Ipl•I.I•d m•e3•d AeoRo i I POLICY NUMBER: TB2-661-067353-031 COMMERCIAL GENERAL LIABILITY CG20100413 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 A. Section II — Who Is An Insured is amended to 1. All work, including materials, parts or equipment include as an additional insured the person(s) or furnished in connection with such work, on the organization(s) shown in the Schedule, but only project (other than service, maintenance or with respect to liability for"bodily injury', "property repairs) to be performed by or on behalf of the damage" or "personal and advertising injury" additional Insured(s) at the location of the caused, In whole or in part, by: covered operations has been completed; or 1. Your acts or omissions; or 2. Thai portion of "your work" out of which the 2. The acts or omissions of those acting on your injury or damage arises has been put to its behalf; intended use by any person or organization other than another contractor or subcontractor in the performance of your ongoing operations for engaged in performing operations for a principal the additional insured(s) at the localion(s) as a part of the same project. designated above. C. With respect to the insurance afforded to these However: additional insureds, the following is added to 1. The insurance afforded to such additional Section III—Limits Of Insurance: insured only applies to the extent permitted by If coverage provided to the additional insured is law; and required by a contract or agreement, the most we 2. If coverage provided to the additional insured is will pay on behalf of the additional insured is the required by a contract or agreement, the amount of insurance: insurance afforded to such additional insured 1. Required by the contract or agreement; or will not be broader than that which you are required by the contract or agreement to provide 2. Available under the applicable Limits of for such additional insured. Insurance shown in the Declarations; B. With respect to the insurance afforded to these whichever is less. additional insureds, the following additional This endorsement shall not increase the applicable exclusions apply: Limits of Insurance shown in the Declarations. This insurance does not apply to "bodily injury" or "property damage"occurring after: CG 20 10 04 13 0 ISO Properties, Inc., 2012 Page 1 of 2 13 SCHEDULE Name Of Additional Insured Porson(s) Or Organization(s) Locations Of Covered Operations The City of Huntington Beach, Its officers, elected or Service,All Operations for City of Huntington Beach. appointed officials, employees, agents and volunteers Information required to complete this Schedule, if not shown above will be shown in the Declarations. CG 20 10 04 13 ®Insurance Services Office, Inc., 2012 Page 2 of 2 i i POLICY NUMBER: T82-661-067353-031 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s Location And Description Of Completed Operations The City of Huntington Beach, Its officers, elected Service,All Operations for City of Huntington or appointed officials,employees,agents and Beach. 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 is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or if coverage provided to the additional insured is "property damage' caused, in whole or in part, by required by a contract or agreement, the most we your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included In the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: AS2-661-067353-021 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies Insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Farm apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are"insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s)Or Organlzation(s): Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy Information required to complete this Schedule if not shown above will be shown in the Declarations. Each person or organization shown in the Schedule is an"insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 i i i POLICY NUMBER:TB2-661-067353-031 COMMERCIAL GENERAL LIABILITY C G 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. f PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART i The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. 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 CG2001 0413 ©Insurance Services Office, Inc.,2012 Page 1 of 1 Policy Number TB2-661-067353-031 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY —UMBRELLA COVERAGE FORM Schedule Name of Other Person(s)! Email Address or mailing address: Number Days Notice: Or anlzatlon s : Per schedule on rile with broker Per schedule on file with broker 30 days A. If we cancel this policy for any reason other than nonpayment of premium, or make a material reduction in coverage, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation or material reduction of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 04 0314 0 2014 Liberty Mutual Insurance.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. i I, i Policy Number: AS2-661-067353-021 Issued by: Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES i This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY—UMBRELLA COVERAGE FORM Schedule Name of Other Person(s)! Email Address: Or anization s : Per schedule on file with broker A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above by email as soon as practical after notifying the first Named Insured. B. This advance email notification of a pending cancellation of coverage is Intended as a courtesy only.Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 02 08 11 ©2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below.We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Person(s)I Email Address or mailing address: Number Days Notice: Organization(s): Per schedule on file with broker Per schedule on file with broker 30 days All other terms and conditions of this policy remain unchanged. Issued by LM Insurance Corp. For attachment to Policy No. WA5-66D-067353-011 Effective Date 10/01/202.1 Premium$ Issued to WM 90 18 06 11 ®2011 Liberty Mutual Group of Companies Page 1 of 1 Ed. 06/01/2011 All Rights Reserved i i WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Where required by contract or written agreement prior to loss and allowed by law. Issued by: LM Insurance Corp. For attachment to Policy No WA5-66D-067353-011 Effective Date 1 0/0112 0 2 1 Premium S Issued to: ACCO Engineered Syslems,Inc. I WC 00 03 13 ®1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed.411/1984 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) ', , �q CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION X TO: City Treasurer FROM: City Clerk DATE: 21 Z'j1-Z62 Z SUBJECT: Bond Acceptance I have received the bonds for (Company Namw CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. e--735754/ 7-j Payment Bond (Labor and Materials) Bond No. C1395L/::?'/ 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 n�� (Council Approval Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. Other No. cS2/2V([Q� 2--RV- tt SIRE System ID No. � gltorms/bond transmittal to treasurer