Loading...
HomeMy WebLinkAboutMERCHANTS BUILDING MAINTENANCE 1a - 2010City of Santa P a t_ Clerk of the Couw,-d AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. The agreement with Cify of Santa Ana r. 02 2621 Cicrk of the Council No. A-2008- )q�2 was completed on 5131114 and final payment has been made. PC -a©® �--oCAa 0 � Revised 12-07-07 Department: Phone/Ext.: ja n1 Signature: `C�CuwOLo Date: % A-2008-092-01 YP;RE AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into this day of d June, 2010, between Merchants Building Maintenance Company, a California corporation (hereinafter "Contractor") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State C of California (hereinafter "City"). o� (� RECITALS: L _) U Cl- A. The parties entered into Agreement A-2008-092 dated May 23, 2008, hereinafter referred to as "said Agreement" by which Contractor provides park rest room maintenance services. B. In accordance with the terms and conditions of said Agreement, the parties wish to again amend said Agreement to extend the term two years as permitted by the Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. The TERM of the Agreement as set forth in Section 3 shall be extended one additional two-year term ending on May 22, 2012. 2. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement the date and year first above written. ATTEST: CITY 0F1TA ANA r MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager AS NO FORM: JOSE45H W. RECOMMENDED FOR APPROVAL: "':Z&� G Gerardo Mouet Executive Director f Parks, Recreation and Comm nity Services CONTRACTOR e al e o-&iguez Branch Manager Tax ID No. lq`a Aco CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) �1 7/9/2010 PRODUCER Bolton & Company THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Robles Suite 105 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 245 S. Los Pasadena, Robles les Ave.,A HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 0008309 (626)799-7000 www.boltonco.com 626-583-2125 INSURERS AFFORDING COVERAGE NAIC # INSURED Merchants Building Maintenance INSURER A. Travelers Property & Casualty 1190 Monterey Pass Road INSURER B. Midwest -Employers Casualty Company -- Monterey Park CA 91754 INSURER c Twin City Fire Insurance Company INSURER D. Federal Insurance Corny INSURER E: (tr)VFRA(SFC THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION T POLICY NUMBER LIMITS A GENERAL LIABILITY 6308043N684TIL10 6/1/2010 6/1/2011 EACH OCCURRENCE $ 1,0_00,000 DAMAGETORENTED _ PREMISES (Ea occurrences r/ COMMERCIAL GENERAL LIABILITY '�. -- $ _ _ _ 300,000 MED EXP (Any one person) CLAIMS MADE OCCUR r $ 5,000 _ - PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE f $ _-. 2,000,000 _. PRODUCTS - COMP/OP AGG N LIMIT APPLIES PER: l $ 2.000,000 PRO- r POLICY VV LOC A AUTOMOBILE LIABILITY 810329D1831TIL10 6/1/2010 6/1/2011 -- COMBINED SINGLE LIMIT s ANY AUTO (Ea accident) 1,_000,OOO ALL OWNED AUTOS - BODILY INJURY $ SCHEDULED AUTOS (Per person) ----_.._ - -------------.. HIRED AUTOS - ' BODILY INJURY NON -OWNED AUTOS (Per accident) $ I ---- - ------ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY A APPR AUTO ONLY - EA ACCIDENT $ . ANY AUTO EA ACC $ OTHER THAN -_-_------_.. AUTO ONLY: AGG $ A '' EXCESS I UMBRELLA LIABILITY CUP8043N684TIL10 JOSS `I&U /1/2011 EACH OCCURRENCE $_ 10,000,000 OCCUR -. CLAIMS MADE IT Ti, ATTORNF7 AGGREGATE _ l $ 10,000,000 DEDUCTIBLE, RETENTION $ O B WORKERS COMPENSATION EWC008280 Excess WC CA ( )-� 3/1/2010 3/1/2011 WC STATU- OTH_i AND EMPLOYERS' LIABILITY C Y / N 72WETZ9456 Out of State 1/1/2010 1/ 112011 _ -T RY LIMITS , ER _ - - ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT ($ OFFI CEPJMEMBER EXCLUDED? ❑ --. - __ - -1.,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE[ $ 1,OOQ,pI)O If yes, describe under SPECIAL PROVISIONS below - - --_- ----t E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER D EmplyeeTheft /Forgery 81585028 6/1/2010 6/1/2011 Limit $1 MIL/Ded. $25,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Workers Comp is Self -Insured under California Certificate of Consent to Self Insure #1793 for California operations. Blanket GL Additional Insured per form CGD246 0805 attached, only if required by written contract. Job: #33777, Various Santa Ana Parks. Additional Insured(s): City of Santa Ana, its officers, agents, volunteers, and employees. MBM CA, #33777 City of Santa Ana Attn: Ali Borujerdi 888 W. Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 SHOULD ANY OFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 - DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ` 10 Days for Non -Payment of Premium. AUTHORIZED REPRESENTATIVE Cheryl Feia Ai,umu Za tzUua/ul) ©1988-2009 ACORD CORPORATION. All rights reserved. CERT NO.: 7799377 CLIENT CODE: MERCH-1 Bolton Certificate Processing 7/9/2010 1:58:54 PM Page 1 of 4 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. /"fir - LJ �4vvulV 11 CERT NO.: 7799377 CLIENT CODE: MERCH-1 Bolton Certificate Processing 7/9/2010 1:58:54 PM Page 2 of 4 6308043N684TIL10 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section Ill — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: L The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible 'other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to 'other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible 'other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such 'other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an 'occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 CERT NO.: 7799377 CLIENT CODE: MERCH-1 Bolton Certificate Processing 7/9/2010 1:58:54 PM Page 3 of 4 COMMERCIAL GENERAL LIABILITY i. How, when and where the 'occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the 'occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit' and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit' to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period Page 2 of 2 ® 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 CERT NO.: 7799377 CLIENT CODE: MERCH-1 Bolton Certificate Processing 7/9/2010 1:58:54 PM Page 4 of 4 A� 1:> CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDD/YYYV) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Bolton & Company 3475 E. Foothill Blvd., Suite 100 Pasadena, CA 91107 CONTACT NAME: PHONE A/C No: - E-MAIL ADDRESS: INSURER(SI AFFORDING COVERAGE NAIC p INSURER A: Travelers Propedy & Casualty Company of Am www.boltonco.com 0008309 INSURED Merchants Building Maintenance LLC 1190 Monterey Pass Road Monterey P/arkf 91754 INSURER B : Safety NationalCorporation INSURER I - INSURER D: INSURER E : MCA/ �__ - Ci �',• .•7r� ,r /•,`._, INSURER F : t'l_. L.`< COVERAGES CERTIFICATE NUMBER, 12929958 REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR NUMBER POLICPOLICY MM/DDYEFF /YYYY POLICY M/DDT LIMITS A GENERAL LIABILITY 6308043N684TIL 6/1/2011 6/1/2012 EACH OCCURRENCE $ 1,000,000 DAMAGEPREMISESS ( RENTED Ea occurrence _ $ 300 000 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE n OCCUR MED EXP (Any one person) $ 5,000 _ PERSONAL & ADV INJURY $ 1,000,000 _ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2.000,000 $ POLICY PRO LOC A AUTOMOBILE LIABILITY 810329D1831TIL 6/1/20.11 6/1/2012 COMBlNEDtSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO? -` �' A! 3' ' , . +'i - ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOSAUTOS - � / l _ _. ,_.. BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ c, A UMBRELLA LIAR OCCUR CUP8043N684TIL 6/1/2011 6/1/2012 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED Lj RETENTION$0 $ $ B A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PR0PRIE-OR/PART4EPJE ECUTIVEr j OFFICERWEMBER EXCLUDED? u NIA SP4046075 Excess WC CA ( ) YUB598M601112(AOS) 4/24/2012 1/1/2012 4/24/2013 1/1/2013 I WC STATU- O�I- TORY LIMITS E.L.EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C EmplyeeTheft /Forgery 81585028 6/1/2011 6/1/2012 Limit $1 MIL/Ded. $25,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Workers Comp is Self -Insured under California Certificate of Consent to Self Insure #1793 for California operations. Job: Operations of the Named Insured. Additional Insured(s): City of Santa Ana. CERTIFICATE HOLDER CANCELLATION MBM CA, Operations of the Named Insured SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza M-30) ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92702-1988 AUTHORIZED REPRESENTATIVE Cheryl Feia ©1988-2010 ACORD CORPORATION. All rights reserved. / ACORD 25 (2010/06) The ACORD name and logo are registered marks of ACORD CERT NO.: 12929958 CLIENT CODE: MERCH-1 Elizabeth Foster - Direct 626-535-1433 4/25/2012 11:42:26 AM Page 1 of 3 V�. 6308043N684TIL COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury'; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: L The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. CG D2 46 08 05 c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: ® 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 CERT NO.: 12929958 CLIENT CODE: MERCH-1 Elizabeth Foster - Direct 626-535-1433 4/25/2012. 11:42:26 AM Page 2 of 3 COMMERCIAL GENERAL LIABILITY I. How, when and where the "occurrence" or offense took place; II. The names and addresses of any injured persons and witnesses; and ill. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. -- DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 ® 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 CERT NO.: 12929958 CLIENT CODE: MERCH-1 Elizabeth Foster - Direct 626-535-1433 4/25/2012 11:42:26 AM Page 3 of 3 LABOR AND MATERIAL ]PAYMENT BOND Bond Number: 72BSBFQ1515 Premium Included in Performance Bond KNOW ALL MEN BY THESE PRESENTS: that we Merchants Building Maintenance, LLC 1190 Monterey Pass Road Monterey Park CA 91754 as Principal, and Hartford Fire Insurance Company as Surety, are held and firmly bound unto City of Santa Ana 20 Civic Center Plaza_ Santa Ana CA 92702 in the sum of ONE HUNDRED EIGHTY-FIVE THOUSAND SIX HUNDRED FORTY-SIX AND NO/100 Dollars (J185,646.00L lawful money of the United State of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated May 23, 2008 entered into a Contract with Obligee for Park Restroom Maintenance Services as Per Agreement A-2008-092 dated Mav 23 2008 in accordance with Drawings and Specifications prepared by Now therefore, if the said Principal shall promptly pay all bills for such services furnished to said Principal at any and all service locations whatsoever, then this obligation shall be null and void; otherwise it shall remain in full force and effect. PROVIDED, HOWEVER, that: 1. This bond is effective June 1, 2008 and shall expire on Mav 31, 2010. 2. This bond can be extended for the successive one additional two-year renewal period by continuation certificate duly executed by the Surety. 3. Neither non -renewal, nor cancellation by the Surety, nor failure, nor inability of the Principal to file a replacement bond shall constitute loss to the Obligee recoverable under this bond. 4. Regardless of the period of time that this bond is in force and regardless of the number of demands made against the Bond, the Surety's obligation shall be limited in aggregate to the penal sum herein. 5. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless same to be brought or instituted and process served upon the Surety within 30 days after the termination of the bond. 6. This bond may be cancelled by the Principal or Surety by giving the Obligee 90 days written notice, such notice to be given by certified mail. Such cancellation shall not affect any liability incurred under the bond prior to the effective date of such cancellation. IN WITNESS WHEREOF, the above bounden parties have executed this instrument and hereunto set their hands and seal this 30th day of December, 2010. Merchants Building Maintenance, APPROVED AS TO Signed by: LLC 1'0111 wi 4 j Laura ;itiu Siiee;d�, Assist"', City City Atiorn.n Hartford Fire Insurance Company Signed by: DONNA M. GREEN, AttornO4h-Fact Performance Bond Bond No.: 72BSBFQ 1515 PREMIUM: $1970.00 KNOW ALL MEN BY THESE PRESENTS, that we Merchants Building Maintenance, LLC 1190 Monterey Pass Road Monterey Park, CA 91754, as Principal, and Hartford Fire Insurance Company, duly organized under the laws of Connecticut and authorized to transact business in the State of Illinois as Surety, are held and firmly bound unto the CCU of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92702 the Obligee, in the penal sum of ONE HUNDRED EIGHTY-FIVE THOUSAND SIX HUNDRED FORTY-SIX AND NO/100 dollars ($185,646.00), lawful money of the United States, to the payment of which well and truly to be made we hereby bind ourselves and our heirs, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the above named principal has entered into Contract with said Obligee to provide Park Restroom Maintenance Services as per Agreement A-2008-092 dated May 23 2008 NOW THEREFORE, the condition of the obligation is such that, if the above bounden principal shall well and truly perform according to the terms and conditions of the said contract, then this obligation shall be null and void otherwise to remain in full force and effect. PROVIDED, HOWEVER, that: 1. This bond is effective June 1, 2008 and shall expire on May 31, 2010. 2. This bond can be extended for the successive one additional two-year renewal period by continuation certificate duly executed by the Surety. 3. Neither non -renewal, nor cancellation by the Surety, nor failure, nor inability of the Principal to file a replacement bond shall constitute loss to the Obligee recoverable under this bond. 4. Regardless of the period of time that this bond is in force and regardless of the number of demands made against the Bond, the Surety's obligation shall be limited in aggregate to the penal sum herein. 5. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless same to be brought or instituted and process served upon the Surety within 30 days after the termination of the bond. 6. This bond maybe cancelled by the Principal or Surety by giving the Obligee 90 days written notice, such notice to be given by certified mail. Such cancellation shall not affect any liability incurred under the bond prior to the effective date of such cancellation. IN WITNESS WHEREOF, the above bounden parties have executed this instrument and hereunto set their hands and seal this 30°i day of December, 2010. Merchants Building Maintenance, LLC Signed by: h_CilROV D AS TO FORM Hartford Fire Insurance Company Signed by: A 4141,z.zz/ DONNA M. GREEN, Attorney-i >j 'act ! aufa ski l.J;9 I1 P.Cdy E, SSISDlrlt C;ly flttorneY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On December 30, 2010 , before me, MARY SMITH, Notary Public, personally appeared Donna M. Green ?m�:�, MARYSMITH �' COMM. #I%17721 � �; :B NOTARY PIIBLIG^CALIPOFNIA� � �gu LOS ANGELES COUNTY -. �' My Comn, Explyds Jan. 2A, 2011 Placc Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(S whose name04 is/aue• subscribed to the within instrument and acknowledged to me that .Jae/she/11#y executed the same in-his/her/.their authorized capacity(•ies), and that by.his/her/their-signature'on the instrument the person or the entity upon behalf of which the persoli�ac ed, 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. Signature Though the data below is not required by law, it may prove valuable to persons relying on the document and could fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ ATTORNEY -IN -FACT ✓'" ❑ TRUSTEE(S) ` ❑ GUARDIAN/CONSERVATOR!. OTHER: SIGNER IS REP S 'NTING: NAME OF - SON(S) OR ENTITY(IES) DESCRIPTION OF ATT Direct Inquiries/Claims to: POWER `P ER ®1 ATTORNEY P.O. BOX F2 FORD 03 690D SENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 72-183250 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: John D. Hunsinger, Mary Smith, Joyce Elzouki, Steven L. Brookmeyer, Ronald C. Wanglin, Donna M. Green of Pasadena, CA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by 0, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ��>� �,:� :p'•we..rn.,re � : 4P�7• ;°.tJ�ry f9�j� "'w`''.': +�7,n�auw. '6�sar - 'l` 1arWa a. 187 aze= a*�o�s+,,fa7a a 1979 * .�,'r -ram •1P �j i1� � '+�'w,"l'�^'-^'f� '�. �,i, �:�/ 'anrtl t-P'': R°• � .o s' r.n' �yrG—mra�' Scott Sadowsky, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD M. Ross Fisher, Assistant Vice President On this 3ftl day of March, 2008, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut, that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. (S/f. ypA.AqR l 1'� R Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2012 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of December 30, 2010. Signed and sealed at the City of Hartford. 1iJ �+i a �dy +1♦� g O M1�° 1 ��sy> r �wc•.rn.rrer� � 60{17° t Y�,r�ov...�:�=4_ �"cMaa. �Y Gary W. Stumper, Assistant Vice President Company Profile Page 1 of 2 Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Financial Statements PDF's Annual Statements Quarterly Statements CA Supplements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information HARTFORD FIRE INSURANCE COMPANY ONE HARTFORD PLAZA HARTFORD, CT 06115 800-243-5860 Old Company Names back to top Agent For Service KAREN HARRIS C/O CORPORATION SERVICE COMPANY 2730 GATEWAY OAKS DRIVE, SUITE 100 SACRAMENTO CA 95833 back to top Reference Information Effective Date NAIC #: 19682 California Company ID #: oo85-1 Date Authorized in California: 01/07/1870 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: CONNECTICUT back to top NAIC Group List NAIC Group #: 0091 HARTFORD FIRE & CAS GRP back to top Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY http://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyPr... 3/21 /2011