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HomeMy WebLinkAboutContract 1621 y 1 • SECTION 1300 AGREEMENT THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as"City,"and HARDY AND HARPER, INC.,herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants,the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for DATE PALM DRIVE STREET IMPROVEMENTS, I-10 TO VARNER ROAD BID NO. B15-02E, CITY PROJECT NO. 8668, in the City of Cathedral City, California pursuant to the Invitation to Bid, dated May 15, 2015, and Contractor's Bid, dated June 3, 2015, all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be controlling, in that order of precedence. The time frame for construction work shall be in accordance with that specified in the Invitation to Bid. 2. Contractor shall comply with all Federal, State, County, and Cathedral City Municipal Code, which are,as amended from time to time,incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within the specified 20 working days completion time period. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration THREE HUNDRED EIGHTY-SIX THOUSAND, ONE HUNDRED SIXTY-FIVE DOLLARS ($386,165.00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the higher of the Federal minimum wage rate or the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid,to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty-Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision(Sections 1770-1777,Labor Code of California). 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor. 8. Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council, the County of Riverside, its Board of Supervisors, and each member thereof, and its officers, employees, commission members and representatives,from any and all liability, loss,suits, claims,damages,costs,judgments and expenses(including attorney's fees and costs of litigation)which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives,subcontractors,or agents in connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations,Contractor and its employees or agents,and members of the general public). 9. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City and the County of Riverside as additional insured. Contractor shall furnish evidence of having in effect,and shall maintain, Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed,color,national origin,ancestry,physical handicap,medical condition,marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City$500.00 liquidated damages for each such breach committed under this contract. 12. Contractor also agrees that for contracts in excess of$30,000 and more than 20 calendar days duration,that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 13. This Contract shall not be assignable by Contractor without the written consent of City. 14. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 15. In accepting this Contract,Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least four years after termination of the contract. 19. The Contractor shall maintain all such records in the City of Cathedral City. If not,the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City)expenses for personnel,salaries,private auditors,travel, lodging,meals and overhead. 20. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents,each of which is by this reference made a part hereof. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK ■ IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates stated below. "CITY" CITY OF CATHEDRAL CITY, it a Californi municipal corporation j B . L Dated )U.ne. '7)J l 2CAT CHARLES P. McCLENDON,City Manager ATTEST: 11 . . .._.f.. 4♦ ,i�1°p( Dated:J Uy)L. Za 2.Oic GARY HO 1 LL,Ci y Clerk U APPROVED AS TO FORM: 444//,a'ill94, Dated%)Unt.301 2Dtc 7 CHARLES GKEEN,City Attorney "CONTRACTOR" • • d4 ;,;)4477 Dated: 7/7/15 By: Name: Steve Kirschner - -- , , Title: Vice President Dated: 7/7/15 By: 11Z.----Kristen Paulino Title: Corporate Secretary "CONTRACTOR" (If corporation,affix seal) SECTION 1330 WORKERS'COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers'compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." • Signature Steve Kirschner Vice President Title 7/2/15 Date Worker's Compensation Insurance Certificate 1330-1 SECTION 1340 LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION The Contractor shall indemnify,hold harmless and assume the defense of the City of Cathedral City(City), its elected officials, officers, agents, employees, commission members and representatives, from all damages, costs, or expenses in law or equity that may at any time arise to cause damages to property,or of personal injury received by reason of or in the course of performing work,which may be occasioned by any willful or negligent act or omission of the Contractor, any of the Contractor's employees, or any of its subcontractors arising out of work under this Contract. The City does not, and shall not, waive any rights that it may have against Contractor, any of the Contractor's employees, or any of its subcontractors under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Contract. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described herein. The City shall not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 2.0 INSURANCE REQUIREMENTS 2.1 General After award of Contract,the Contractor shall promptly obtain,at its own expense,all the insurance required by Paragraph 1340-2.0, INSURANCE REQUIREMENTS, and shall submit coverage verification for review and approval by the City upon execution of the Contract. The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as is required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS. 2.2 Commercial General Liability Policy The Contractor shall take out and maintain during the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than Two Million Dollars ($2,000,000) combined single limit for bodily injury and property damage for any one occurrence and a Four Million Dollar($4,000,000)annual project aggregate,for all of the following: a. Premises Operations,including Explosion,Collapse and Underground(X,C,and U)Coverage. b. Completed Operations/Products,including X,C,and U Coverage. c. Independent Contractors. d. Blanket Contractual. e. Deductible shall not exceed One Thousand Dollars($1,000). Liability and Insurance Requirements 1340-4 2.3 Commercial Business Auto Policy The Contractor shall take out and maintain during the life of this Contract a Commercial Business Auto Policy,on an occurrence basis,with a minimum amount of not less than Two Million Dollars($2,000,000) combined single limit for bodily injury and property damage,providing at least all of the following coverage: a. Coverage shall be applicable to any and all leased,owned,hired,or non-owned vehicles used in pursuit of any of the activities associated with this Contract. b. Any and all mobile equipment,including cranes,which is not covered under said Commercial Business Auto Policy shall have said coverage provided for under the Commercial General Liability Policy. c. Deductible shall not exceed One Thousand Dollars($1,000). 2.4 Workers'Compensation Insurance The Contractor shall take out and maintain during the life of the Contract,Worker's Compensation and Employers'Liability insurance providing coverage for any and all employees of Contractor: a. The required policy shall provide coverage for Workers'Compensation(Coverage A). b. This policy shall provide coverage for One Million Dollars($1,000,000)Employers'Liability (Coverage B). 2.5 Endorsements All of the following endorsements are required to be made a part of the policies described in this Section hereof: a. "The City,City employees and officers,the City Engineer,its consultants,elected officials,agents, County of Riverside and sub-consultants are hereby added as additional insured insofar as Work done under this Contract is concerned." b. "This policy shall be considered primary insurance as respects any other valid and collectible insurance,including self-insured retention,the City may possess,and any other insurance the City does possess shall be considered excess insurance only." c. "This insurance shall act for each insured,and additional insured,as though a separate policy had been written for each. This,however,will not act to increase the limit of liability of the insuring company. d. "Thirty(30)days prior written notice of cancellation shall be given to the City. Such notice shall be sent to: Charles P.McClendon,City Manager City of Cathedral City 68-700 Avenida Lalo Guerrero Cathedral City,CA 92234 2.6 Change in Terms The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to the location identified in Paragraph 1340-2.5.d,Endorsements. The Contractor shall be obligated to pay any extra premium for maintaining the insurance requirements specified herein. Liability and Insurance Requirements 1340-5 THE FINAL PREMIUM IS PREDICATED ON THE This bond was executed in two 2 FINAL CONTRACT PRICE � ) Bond No. 7645517 identical counterparts. SECTION 1310 Premium: $2,171.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City,has,on June 22, 2015,awarded to Hardy& Harper,Inc.,hereinafter designated as the Principal,a Contract for the DATE PALM DRIVE STREET IMPROVEMENTS, I-10 TO VARNER ROAD, BID NO. B15-02E, CITY PROJECT NO. 8668,and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW,THEREFORE,we,the Principal, and Fidelity and Deposit Company of Maryland,as Surety,are held and firmly bound unto the City in the just and full amount of THREE HUNDRED EIGHTY-SIX THOUSAND ONE HYNDRED SIXTY-FIVE DOLLARS ($386.16500) 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 presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators,successors,or assigns,shall in all things stand to and abide by,and well and truly keep and faithfully perform the covenants,conditions,and agreements in the said contract and any alterations made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning,and shall indemnify and save harmless,the City,its officers and agents as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for one-year guarantee period, during which time this bond remains in full force and effort. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way,affect its obligations on this bond,and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Faithful Performance Bond 1310-1 IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their seals this 2nd -day of July , 2015 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative,pursuant to authority of its governing body. Hardy& H per, Inc. Principal (Seal) Steve Kirschner Signature for Principal Vice President Title of Signatory Fidelity and Deposit Company of Maryland Surety (Seal) Dwight Reilly Signature for Surety Attorney-in-Fact Title of Signatory 777 South Figueroa Street, Suite 3900 Los Angeles, CA 90017 Address of Surety (213)270-0600 Phone#of Surety David Eliassen Contact Person for Surety Faithful Performance Bond 1310-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 rt..A.9f..A'.W.9�...q-..Vf-.A_A-.A-A-.Vi.ii.A.A.A:.A_M.N.R.P..1..V..1.SI..W....A V-.Va.V,..,..A.Vw._9A_A_ SI. f H...M..W A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document. State of California County of ORANGE On July 6. 2015 before me, JO-ANN LYONS NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(x) is/axe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ie t), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offi I seal. JO-ANN LYONS ' ", Commission#2023055 ta. ,?! Notary Public-California Signature_ :� 'fft% Orange County — Signature of Notary Pu.lic_ M Comm.Expires Ma 3,2017 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Faithfull Performance Bond Document Date: July 2. 2015 Number of Pages: 2 Signer(s) Other Than Named Above: Dwight Reilly Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner Signer's Name: ❑� Corporate Officer — Title(s): vice President El Corporate Officer — Title(s): ❑ Partner — El Limited El General ❑ Partner — ❑ Limited ❑General ❑Individual LI Attorney in Fact ❑ Individual Li Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: HARDY&HARPER, INC. •e.-Ns".•e..'e-,-e..-a,.,-e,.e,..•.,•e• e,.e,..• .e• y -..._'Q=G�'_4LL�=Z` �Ze%G` -e•-e.,•d :.`CZ:Q ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 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 Orange On July 2, 2015 before me, Susan Pugh, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s)whose name(g) is/an subscribed to the within instrument and acknowledged to me that he/be( texecuted the same in hishbootbbeis authorized capacityik*s), and that by his/bec heissignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SUSAN PUGH WITNESS my hand and official seal. t '`o COMM.#2105405 n Notary Public-California \,;04, + ORANGE COUNTY My Comm.Expires Apr 29,2019 Signature %. Q � --- (Seal) Susan Pugh Bond No. 7645517 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 Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, 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 Daniel HUCKABAY,Dwight REILLY,Andrew WATERBURY and Arturo AYALA,all of Orange, 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 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 22nd day of May,A.D.2014. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Otjsu".16,„ a SICAL o° � �m i aM : o 19.67ti'^ .."1+4 ig_j<, X), K6,1,6{ ~y.wwnp•" BY: Secretary Vice President Eric D.Barnes Thomas O.McClellan State of Maryland County of Baltimore On this 22nd day of May,A.D.2014,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O. MCCLELLAN,Vice President,and ERIC D.BARNES,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 sworn,deposeth and saith,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. `0,0111,/„/ s's,�ts.:I. ,,yI �(.�-••Gl.✓(Lt".�� �/..�.V'^�" — ./!: 111'..��. Constance A.Dunn,Notary Public My Commission Expires:July 14,2019 POA-F 012-0079B EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-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 I, the undersigned, Vice President 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 I 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 10th 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,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 2nd day of July ,20 15 . "r, 105 W '4•14141-. • r j Geoffrey Delisio,Vice President • THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE This bond was executed in two(2) SECTION 1320 Bond No. 7645517 identical counterparts. Premium: See PAYMENT BOND Performance Bond KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City,a municipal corporation,hereinafter designated the City,has,on June 22, 2015,awarded to Hardy& Harper,Inc.,hereinafter designated as the Principal,a Contract for the DATE PALM DRIVE STREET IMPROVEMENTS, 1-10 TO VARNER ROAD,BID NO. B15-02E,CITY PROJECT NO. 8668,and WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal,or any of it or its subcontractors shall fail to pay for any materials,provisions,or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind,the Surety of this bond will pay the same to the extent hereinafter set forth: Fidelity and Deposit Company NOW, THEREFORE, we, the Principal, and of Maryland , as Surety, are held and firmly bound unto the City in the just and full amount of THREE HUNDRED EIGHTY-SIX THOUSAND ONE HUNDRED SIXTY FIVE DOLLARS ($386,165.00) 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 presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon,for,or about the performance of the work contracted to be done,or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond,such reasonable attorney's fees to the City as shall be fixed by the court. This bond shall insure to the benefit of any and all persons,companies,and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration,or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way,affect its obligations of this bond,and it does hereby waive notice of any change,extension of time,alteration,or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Payment Bond 1320-1 IN WITNESS WHEREOF,the Principal and Surcty have executed this instrument under their seals this 2nd day of July ,2015 ,the name and corporate seat of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Hardy& Harper, Inc. Principal (Seal) A2"$ Steve Kirschner Signature for Principal Vice President Title of Signatory Fidelity and Deposit Company of Maryland Surety (Seal) Dwight Reilly Signature for Surety Attorney-in-Fact Title of Signatory 777 South Figueroa Street, Suite 3900 Los Angeles, CA 90017 Address of Surety (213)270-0600 Phone#of Surety David Eliassen Contact Person for Surety Payment Bond 1320-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 (.v.. -.a..w-.a..w.:a..a.a.._v,..A•.a_w-:a..A..w-.v....,..v._a..............s1/4 An.AN..a.<_a.•.s..w.w Sa.v..w As,.1*..w.w A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of California ) County of ORANGE ) On July 6. 2015 before me, JO-ANN LYONS NOTARY PUBLIC , Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/axe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iat), and that by his/her/their signature(x)on the instrument the person(s), or the entity upon behalf of which the person(x) 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. �l JO-ANN LYONS WITNESS -.nd and offi eal. Commission #2023055 rrilti,9:_x Notary Public-California Ora nge County Signature ___.��M Comm.Ex irea Ma 3,2017 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond Document Date: July 2, 2015 Number of Pages: 2 Signer(s) Other Than Named Above: Dwight Reilly Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner Signer's Name: 0 Corporate Officer — Title(s): vine President ❑Corporate Officer — Title(s): El Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General ❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee El Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: HARDY&HARPER, INC. ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 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 Orange On July 2, 2015 before me, Susan Pugh, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/ate subscribed to the within instrument and acknowledged to me that he/ (; qt executed the same in hishbecftbeixauthorized capacity(xes), and that by hisibecbeixsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SUSAN PUGH COMM.#2105405 r, _":/111`<� 1 Notary Public-California 7 / ORANGE COUNTY LL / o My Comm.Expires Apr 29,2019 Signature �� ov` (Seal) Susan Pugh Bond No. 7645517 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 Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, 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 Daniel HUCKABAY,Dwight REILLY,Andrew WATERBURY and Arturo AYALA,all of Orange, 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 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 22nd day of May,A.D.2014. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND NNw'wM�_ fit,4?y '..,,ONVgpb, aG►f�. .t/�1�Mlj�.' SEAL IR -•— iA: s. MB.-...''W I gx:<_, /)./ Z'( ‘'fil---- ,....-- (1, of ( Secretary Vice President Eric D.Barnes Thomas O.McClellan State of Maryland County of Baltimore On this 22nd day of May,A.D.2014,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O. MCCLELLAN,Vice President,and ERIC D.BARNES,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 sworn,deposeth and saith,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. 5',''f' '"'111111x`` Constance A.Dunn,Notary Public My Commission Expires:July 14,2019 POA-F 012-0079B EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-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 I, the undersigned, Vice President 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 I 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 10th 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,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 2nd day of July ,20 15 . �o SEAL tom°°°+,f� «`#Q 44#11 .7)61,:ttz;r Geoffrey Delisio,Vice President ■ ACC 3RD CERTIFICATE OF LIABILITY INSURANCE 7/DATE(M roorvYYY) 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 CONTACT Chelsea Anderson Wood Gutmann&Bogart PHONE 714-824-8392 FAX 15901 Red Hill Ave., Suite 100 LAIC NQ E:q• /AMC.No): License#0679263 E-MAIL SS:canderson @wgbib.com Tustin CA 92780 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:navigators Ins co 25445 INSURED HARDY-1 INSURER B:Great American Insurance Co. Hardy&Harper, Inc. INSURER C:Evanston Insurance Company 1312 E.Warner Ave. INSURER D:Zurich American Insurance Co. Santa Ana CA 92705 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:667010688 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 TYPE OF INSURANCE IADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MMIDDIYYYY) (MMIOIY DYYY) A X COMMERCIAL GENERAL LIABILITY LA15CGL1638B01C 7/1/2015 7/12016 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGES O RENTED PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $5,000 _ PERSONAL 8 ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000 POLICY PRO- , CT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER $ D AUTOMOBILELIABILRY 10/1/2014 10/1/2015 COMBINEC SINGLE LIMIT $ BAP373645410 (Ea accident) 1,000,000 X ANY AUTO BODILY INJURY Per person) ALL OVrNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) I $ B UMBRELLA LIAB X OCCUR TUE595006913 7/1/2015 7/1/2016 EACH OCCURRENCE _$10,000,000 X EXCESS LIAB r CLAIMS-MADE AGGREGATE DED I RETENTION$ _ $ D WORKERS COMPENSATION WC373645310 10/12014 10/12015 x PER OTH- AND EMPLOYERS'LIABILITY Y!N STATUTE ER ANY PROFRIETOR/PARTNERIEXECUTIVE N!A E.L.EACH ACCIDENT $1000000 OFFICEP/MEMBER EXCLUDED? (Mandatory in NH) E .DISEASE-EA EMPLOYEE $1,000,000 If yes,aesunbe under DESCRIPTION OF OPERATIONS below E .DISEASE-POLICY LIMIT $1000000 C Pollution Liability TBD 7/1/2015 7/1/2017 $2,000,000 Agg $1,000,000 Occ i DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) ENDORSEMENTS ATTACHED ONLY APPLY AS REQUIRED BY WRITTEN CONTRACT SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. RE: Palm Drive Street Improvements 1-10 to Varner Road Bid No. B15-02E-City Project No. 8668 CERTIFICATE VESTING: City of Cathedral City, City employees and officers,the City engineer, its consultants, elected officials, agents, County of Riverside and See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 111E EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cathedral City ACCORDANCE WITH THE POLICY PROVISIONS. 68700 Avenida Lab Guerrero Cathedral City CA 92234 AUTH D PRESENTATIVE ©1988-2014 ACOR CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: HARDY-1 LOC#: ACC)RIJ ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Wood Gutmann&Bogart Hardy&Harper, Inc. POLICY NUMBER 1312 E.Warner Ave. Santa Ana CA 92705 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE sub-consultants GENERAL LIABILITY: Certificate holder is named as additional insured per attached endorsements CG 20 10 07 04 and CG 20 37 07 04. Primary and Non Contributory wording applies per attached endorsement CG 20 10 07 04 and CG 20 37 07 04. Waiver of Subrogation applies per attached endorsement CG 24 04 05 09. Per Project Aggregate applies per attached endorsement CG 25 03 03 97. 30 Day Notice of Cancellation applies. AUTOMOBILE LIABILITY: Certificate holder is named as additional insured per attached endorsement CA 20 48 1013. Primary wording applies per the attached CA00010310. Waiver of Subrogation applies per attached endorsement CA04441013.. 30 Day notice of cancellation applies per the attached U-CA-832-A. WORKERS COMPENSATION: Waiver of Subrogation applies per attached endorsement WC 04 03 06 04-84. 30 day notice of cancellation applies per the attached WC 99 06 33. ACORD 101(2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: LA15CGL163880IC 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 Organization(s) Location And Description Of Completed Operations Any person or organization for whom you are performing "commercial construction"during the period of this policy and have agreed in a written contract to add as an additional insured for products completed operations. "Commercial construction"does not include any habitational or residential construction other than hotels or apartments 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 COMMERCIAL GENERAL LIABILITY NPC 711 08 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL AGGREGATE LIMIT PER PROJECT WITH AN OVERALL GENERAL AGGREGATE CAP This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects:All Projects Overall General Aggregate Cap: $5,000,000 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally a. Insureds; obligated to pay as damages caused by "occur- b. Claims made or"suits" brought;or rences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents c. Persons or organizations making claims or under COVERAGE C (SECTION I), which can be bringing "suits". attributed only to ongoing operations at a single 3. Any payments made under COVERAGE A for designated construction project shown in the damages or under COVERAGE C for medical Schedule above: expenses shall reduce the Designated Con- 1. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- that designated construction project. Such ignated construction project, and that limit is payments shall not reduce the General Ag- equal to the amount of the General Aggregate gregate Limit shown in the Declarations nor Limit shown in the Declarations. Subject to shall they reduce any other Designated Con- the application of the General Aggregate Limit struction Project General Aggregate Limit for to each of your projects, the maximum any other designated construction project amount we will pay under the General Aggre- shown in the Schedule above. gate Limit for all claims arising from all 4. The limits shown in the Declarations for Each projects is the Overall General Aggregate Cap Occurrence, Fire Damage and Medical Ex- shown in the Schedule above. pense continue to apply. However, instead of 2. The Designated Construction Project General being subject to the General Aggregate Limit Aggregate Limit is the most we will pay for the shown in the Declarations, such limits will be sum of all damages under COVERAGE A, subject to the applicable Designated Con- except damages because of "bodily injury" or struction Project General Aggregate Limit. "property damage" included in the "products- completed operations hazard", and for medi- cal expenses under COVERAGE C regard- less of the number of: NPC 711 08 11 Page 1 of 2 • B. For all sums which the insured becomes legally D. If the applicable designated construction project obligated to pay as damages caused by "occur- has been abandoned, delayed, or abandoned rences" under COVERAGE A (SECTION I), and and then restarted, or if the authorized contract- for all medical expenses caused by accidents ing parties deviate from plans, blueprints, de- under COVERAGE C (SECTION I), which cannot signs, specifications or timetables, the project will be attributed only to ongoing operations at a sin- still be deemed to be the same construction gle designated construction project shown in the project. Schedule above: E. The provisions of Limits Of Insurance (SECTION 1. Any payments made under COVERAGE A for III) not otherwise modified by this endorsement damages or under COVERAGE C for medical shall continue to apply as stipulated. expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Construction Project General Aggregate Limit. Page 2 of 2 NPC 711 0811 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 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 CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: LA15CGL163880IC COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization when you and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 • 0 Blanket Notification to Others of Cancellation ZURICH or Non-Renewal Policy No. I Eff, Dale of P . Exp. Date of Pol. Eft.Date of Eno. Producer No. Addl.Pram Return Prem. BAP373645410 10/1/14 10/1/15 10/1/14 - - - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Connnterdel Antomcl le Coverage Put A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the fast Named Insured if you are required by written contact or written agreement to provide such notification. However,such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non-renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed;and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A.of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium;or 2. At least 30 days prior to the effective date of: a. Cancellation,if cancelled for any reason other than nonpayment of premium;or b. Non-renewal,but not inducing conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A.and B.of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal;or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity,timeliness and validity of information contained in the list provided to us as described in Paragraphs A.and R of this endorsement. All other terns and conditions of this poicy remain unchanged. UCA832ACW(01/13) Pogo 1 of 1 Includes oopyrighled material of Insurance Services Office,Inc.,with Its permission. POLICY NUMBER: BAP373645410 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 Form 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. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Hardy&Harper Inc. Endorsement Effective Date: 10/1/14 SCHEDULE Name Of Person(s)Or Organization(s): AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT 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.1. 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 ©Insurance Services Office, Inc.,2011 Page 1 of 1 Wolters Kluwer Financial Services I Uniform Formsm" B. General Conditions d. When this coverage form and any other 1. Bankruptcy coverage form or policy covers on the same basis. either excess or primary. we will pay Bankruptcy or insolvency of the "insured" or only our share. Our share is the proportion the "insured's' estate will not relieve us of any that the I.imit of Insurance of our coverage obligations under this coverage form. form hears to the total of the limits of all the 2. Concealment, Misrepresentation Or Fraud coverage forms and policies covering on f his coverage form is void in any case of fraud the same basis. by you at any time as it relates to this coverage 6. Premium Audit form. It is also void if you or any other "in- a. The estimated premium for this coverage sured". at any time. intentionally conceal or form is based on the exposures you told us misrepresent a material tact concerning; you would have when this policy began. We a. i his coverage form: will compute the final premium due when we b. The covered "auto": determine your actual exposures. the estimated total premium will be credited c. Your interest in the covered "auto or against the final premium due and the first d. A claim wider this coverage form. Named Insured will be billed for the bat 3. Liberalization ante. if any The due date for the final pre- mium or retrospective premium is the date If we revise this coverage form to provide more shown as the due dale on the bill. If the es- coverage without additional premium charge. tirnatcd total premium exceeds the final your policy will automatically provide the addi- premium due. the first Named Insured will tional coverage as of the day the revision is of- get a refund. fective in your state. b. If this policy is issued for more than one 4. No Benefit To Bailee—Physical Damage year. the premium for this coverage term Coverages will be computed annually based on cur We will not recognir.e any assignment or grant rates or premiums in effect at tyre beginning any coverage for the benefit of any person or of each year of the policy. organization holding, storing or transporting 7. Policy Period, Coverage Territory • property for a fee regardless of any other pro Under this coverage form. we cover"accidents" vision of this coverage Corm. and 'losses"occurring: 5. Other Insurance a. During the policy period shown in the Dec- a. For any covered "auto" you own. this coy- [orations: and erage form provides primary insurance. For b. \Mithin the coverage territory. any covered "auto" you don't own, the in- surance provided by this coverage form is Thu coverage territory is: excess over any other collectible insurance. (1) The United States of America: I lowcwer, while a covered "auto"which is a (2) The territories and possessions of the Unit. "trailer" is connected to another vehicle, the ed States of America: l iahility Coverage this coverage form pro- vides for the"trailer"is (3) Puerto Rico: (1) Excess while it is connected to a motor (4) Canada; and vehicle you do not own. (5) Anywhere in the world if: (2) Primary while it is connected to a coy, (a) A covered "auto" of the private passen ered "auto"you own. ger type is leased. hired. rented or bor- b. For Hired Auto Physical Damage Coverage. rowed without a driver for a period of 30 any covered "auto" you lease. hire, rent or days or less; and borrow is deemed to be a covered "auto" (b) The "insured's" responsibility to pay you own. However, any "auto" that is damages is determined in a"suit"on the leased. hired, rented or borrowed with a merits, in the United States of America, driver is not a covered "auto". the territories and possessions of the c. Regardless of the provisions of Paragraph United States of America, Puerto Rico or a. above, this coverage form's Liability Canada or in a settlement we agree to. Coverage is primary for any liability as- sumed under an "insured contract". CA 00 01 03 10 ©Insurance Services Office, Inc.. 2009 Page 9 of 12 ❑ POLICY NUMBER: BAP373645410 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) 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 Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Hardy&Harper Inc. Endorsement Effective Date: 10/1/14 SCHEDULE Name(s)Of Person(s)Or Organization(s): AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the loss" under a contract with that person or organization. CA 04 44 10 13 ©Insurance Services Office, Inc.,2011 Page 1 of 1 Wolters Kluwer Financial Services I Uniform Forme"' WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 33 NOTIFICATION TO OTHERS OF CANCELLATION ENDORSEMENT This endorsement is used to add the following to Part Six of the policy. PART SIX CONDITIONS A. If we cancel this policy by written notice to you for any reason other than nonpayment of premium,we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below. Notification to such person or organization will be provided at least 10 days prior to the effective date of the cancellation, as advised in our notice to you,or the longer number of days notice if indicated in the Schedule below, B. If we cancel this policy by written notice to you for nonpayment of premium,we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A.or B.of this endorsement is mailed,proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s)/ Number of Days Notice: Organization(s): Per Schedule on File with the Agent 30 All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 1011/14 Pokcy No. WC373645310 Endorsement No. Insured Hardy&Harper,Inc. Premium S Insurance Company - Zurich American Insurance Company WC 99 06 33 (Ed. 05-10) Includes copyrighted material of National Council on Compensation Insurance.Inc.with its permission. Page 1 of 1 Schedule of Auto Physical Damage Deductibles ZURICH The Schedule set forth below identifies the Deductible to apply to the Coverage(s) and Vehicle(s) described. SCHEDULE Coverage Vehicle Description Deductible CDM7'-R77i7Nsiv17 7.0? --'7<TV7.T:7 PASSFNGFR, PTCKUP 432:4.0 T?UCKS AN-) -ASSFNGFR VANS UP T) $!-,0, j3',) COST NEW c0TTTSTON --.?TVATF PASSF,NGFR, PTCKUP T7RUC7{S 7\N-) -ASSFNGFR VANS UP TO $5J, JJJ COST NEW COM?R2HENSIV2 170R ALL OTHER VEI11CLE UP TC $5U.J0 COST NEW COTTTSTON 7.0? 7\Ti OT -1 'P VFHTCLFS UP TC $1 , CCC: $5j, jjj COST NEW C.01175? :-17NS '7.0? ATI VF:ITCLFS F%'CFSS OF C;OC: 431 , CC:C C.OST NEW COLLISION 701- ALL V',:lICLLS EXCESS OF $,..:C, CCO $2, CC ST 14--7;c U-CA-548-A CW(10106) Pa gft 1 of 1 Copyright Zurich American Insurance Company 2006 maiwc Caw WORKERS'CODE ISATION AND EMPLOYERS'UABIUTY INSURANCE POLICY WC 040306(Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes 1110 po8cy to valid)it is attached effective on the inception date of the poky unless a different des Is Indlosted bafow. (Tre Waft l sdwwdoormat Os ooRplMseenlynee'ale MoOrarmsnt is iNued wbssqusnt t0 prspnstion of this policy,) Thie endorsement.effective an 10/1114 at 12:01 A.M.standard tints,forms a pert of (BATE) Policy N0. 'WC373645310 _ Endorsement No. of the ZURICH MASRICAN INSURANCI COMPANY MNAMI Of'IN$URANCL COMPANY) issued to Hardy&Harper Inc. Premium Of any)$ INCLUIED Authorised itspneenl-Yw We have the right to recover our perterlls tan anyone liable for an InJury covered by this policy. We will not enforce our right epeeist the person or orpenIzation named in the Schedule. (This agreement applies only to the extent that you perbnn work under awake contralti*requires you to obtain this agreement from us.) You must moire*woe records accurately segregating the remuneration of your emptoysss while engaged In the watt dssabsd in the Schedule. The additional premium for this endorsement shall be 0% of the California workers' compensation premium othanviee due on such rernum aiton. Schedule Person or Orientation Job Description AU.PERSONS ANDIOR ORGANIZATIONS THAT REQUIRE A ALL CALIFORNIA OPERATIONS WRITTEN CONTRACT OR AGREE E NTUanHTHE WSU RED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS,THAT WAIVER OF SUBROGATION INK PROVIDED UNDER TINS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AMOR ORGANIZATION INC 252{4-M) WC 0403 MEd 444) Page 1 of 1