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Contract 1686
_1 gc 6 -v \p6 SECTION 1300 AGREEMENT THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as"City,and HARDY&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 AND CATHEDRAL CANYON PAVEMENT REHABILITATION,Bid No.B15-01E,Project No.CIP 8837 and 8838 (the "Work") in the City of Cathedral City, California. The work shall be done in strict conformity with this Contract, approved Change Orders, the Invitation to Bid dated June 17, 2016, Instructions to Bidders, permits issued by the City or other agencies, the General and Specific Project Requirements, Standard Specifications, Plans, Referenced Specifications, the General Conditions, Supplementary Conditions the Contractor's Bid dated July 26, 2016, and any addenda thereto (the "Contract Documents") all of which 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 frames for construction work shall be in accordance with those specified in the Contractor's Bid. 2. Contractor will comply with all Federal, State, County, and City of 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 20 working days from the date of Notification to Proceed. 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 of( ). 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 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 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. Agreement 1300-1 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 as an 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 three 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. Agreement 1300-2 IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates stated below. "CITY" CITY OF CATHEDRAL CITY, a California municipal corporation B y• Dated: )j' I- 2—U1 1" Charles McClendon,City Manager ATTEST: "A&... .1 Z 3 Dated: Da IJ•21)1(D ..Gary How•t City erk APPROVED 'r O Dated: O& — / O —ZO/C� Eric S.Vail City Attorney "CONTRACTOR" amp/ Dated: 8/29/16 By: 1/ IL��✓ Name: Steve Kirschner Title: Vice President koZDated: 8/29/16 By: Name: Kristen Paulino Title: Corporate Secretary "CONTRACTOR" (If corporation,affix seal) Agreement 1300-3 THE FINAL PREMIUM 1S PREDICATED ON THE This bond was executed in two(2) FINAL CONTRACT PRICE Bond No. 7650695 identical counterparts. SECTION 1310 Premium: $4,987.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City, a municipal corporation,hereinafter designated the City,has,on August 10,20162 awarded to Hardy& Harper, Inc.,hereinafter designated as the Principal,a Contract for Bid No. 815- 01 E Project No.CIP 8837 and 8838, Date Palm Drive and Cathedral Canyon Drive Pavement Rehabilitation, 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( * ) 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. *Nine Hundred Thirty Nine Thousand and 00/100($939,000.00) 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 29th day of August ,2016 , 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&Harper Inc. Principal (Seal) Signature for Principal Steve Kirschner — Vice President Title of Signatory Fidelity and Deposit Company of Maryland Surety (Seal) Signature or Surety Dwight Reilly 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 Carolina Arrincon Contact Person For Surety Faithful Performance Bond 1310-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 t.wt.w4.w,,,..is\.w4.w..wt:wt.w..w4. ..w..w.w..wLw_wt.w.;w•.w.w..w-.w4:w.v.w4.G..w4:w.w.cam.w.w ..w-..,:w.w:P.,.-.w.w..w.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 August 29, 2016 before me, Tina Pham. Notary Public , Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner Name of Signer(5 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(Fs) is/av subscribed to the within instrument and acknowledged to me that he/s6te/they executed the same in his/hter/their authorized capacity(iet),and that by his/h:er/their signature(g)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 TINA PHAM is true and correct. 4s COMM.#2149384 WITNESS my hand and official seal. ^7; Notary Public-California i ORANGE COUNTY a My Comm.Expires Apr 17.2020 y�/ —'--------------- Signature ,C Sig ature 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: Faithful Performance Bond Document Date: August 29.2016 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): vin,.President ❑Corporate Officer — Title(s): ❑Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: Hardy&Harper, Inc .. ,,,,,,.,,,,,,4...r,',,,,L'argv'�yc\a._✓S-e..a._e.Cd..y.erg-a,-a,•er..ay•-a._a+6'_ a..-es•a•-revery.,.ars- ' '4 '. ._a.f'e.-e‘..e.^ C�PF ©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 August 29, 2016 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/ams subscribed to the within instrument and acknowledged to me that hebstedbay executed the same in hisbbecttbeixauthorized capacity(as), and that by his eeixsignature(i) 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' Notary Public-California § ORANGE COUNTY a My Comm.Expires Apr 29,2019 Signature A (Seal) Susan Pugh • 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 MICHAEL BOND,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,Arturo AYALA,Shaunna BURCHFIEL and Michael CASTANEDA, 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 9th day of May,A.D.2016. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND .... to •�,y.o. � ;�G,.��"kc;: ` 4• s r 3G A (SAL ci % ol f gge /), AL0 By Secretary Vice President Eric D.Barnes Michael Bond State of Maryland County of Baltimore On this 9th day of May, A.D. 2016,before the subscriber, a Notary Public of the State of Maryland,duly commissioned and qualified, MICHAEL BOND,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. Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 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 29thday of August ,20 16 . wa Depot, Mtn► �• 454\io ;oi SEAL 4�.n� 4 t► * ✓IMF /44_5nw" Gerald F.Haley,Vice President THE FINAL PREMIUM IS PREDICATED ON THE This bond was executed in two(2) FINAL CONTRACT PRICE Bond No. 7650695 identical counterparts. SECTION 1320 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 August 10,2016, awarded to Hardy& Harper, Inc.,hereinafter designated as the Principal,a Contract for Bid No.B15- 01E,Project No.CIP 8837 and 8838,Date Palm Drive and Cathedral Canyon Drive Pavement Rehabilitation, and WHEREAS, said Principal is required to furnish a bond in connection and with said Corgi-act, 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: 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( * ),executors,administrators, and successors, jointly and severally,firmly by these presents. *Nine Hundred Thirty Nine Thousand and 00/100($939,000.00) 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 Surety have executed this instrument under their seals this 29th day of August , 2016, 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&Harper,Inc. Principal (Seal) /4011P , Signature for Principal Steve Kirschner — Vice President Title of Signatory Fidelity and Deposit Company of Maryland Surety (Seal) Signature or Surety Dwight Redly 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 Carolina Arrincon Contact Person For Surety Payment Bond 1320-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 .a_v,w w:v.-.==_vr•:w..w..a.w.vat:a..ck.vvt:w_w:v, -vs•.am.:c.... .a,d 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 August 29, 2016 before me, Tina Pham, Notary Public Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner Name(of Signer$ who proved to me on the basis of satisfactory evidence to be the person(s) whose name() is/axe subscribed to the within instrument and acknowledged to me that he/shoe/they executed the same in his/hoer/their authorized capacity(iefi),and that by his/hRr/their signature(X)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. TINA PHAM • ••' COMM.#2149384 «I WITNESS my hand and official seal. T=';gip^a Notary Public-California • _-}_'.' I• ORANGE COUNTY a +/Z:h' __ My Comm.Expires Apr 17,2020, Signature Si ature 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: August 29.2016 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): vine President ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: Hardy&Harper, Inc "-er e".-as6'a+ y�•ar{'a'6.?'<'e+'.•e54�s•a..•a."ar. ..d�.e, ,.°^'d ar-'d.,'m' a,4 a. `�Z�C-%��t%� ?�'dv�. .-...• ...d-ai-•e. Y;Z. � ©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 August 29, 2016 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(%) is/au subscribed to the within instrument and acknowledged to me that hebsktelibisy executed the same in hishbenfbbeigauthorized capacity(iss), and that by hisbbec et>asignature(i) 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 x? 14 _ Notary Public-California a ORANGE COUNTY My Comm.Expires Apr 29,2019 Signature ,f Z _A_ - (Seal) Susan Pugh 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 MICHAEL BOND,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,Arturo AYALA,Shaunna BURCHFIEL and Michael CASTANEDA, 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 9th day of May,A.D.2016. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND O n.Y 111,0v,:'t• 88AL '~ 4r • •i M f� WS a i -•- iA: 1 tO�4,�, `±I g_j„ ,z), r -,,111-- AL9 D By Secretary Vice President Eric D.Barnes Michael Bond State of Maryland County of Baltimore On this 9th day of May,A.D.2016,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,MICHAEL BOND,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. ).1∎, $,-. .'''',;Y7 , nt:;■. Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 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, this29thday of August ,2016 DEIOf� 4 t` o iz t°€ SEAL 1 Gerald F.Haley,Vice President 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." 44-ae* Signature Steve Kirschner — Vice President Title 8/29/16 Date Workers'Compensation Insurance 1330-1 AC � S c , CERTIFICATE OF LIABILITY INSURANCE DATE(MINDOMYYY) �...•�' I 8/24/2018 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 poticy(les)must be endorsed. If SUBROGATION IS WANED,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 certdcate holder in lieu of such endorsement(s). Wood Gutmann&B art !Aow Chelsea Anderson 15901 Red Hill Ave,,Suite 100 °HONE 714-824-8392 FAX Lic 50879283 A�Se_candersonewgbib.com Tustin CA 92780 ENSURER(*)AFFORDING COVERAGE NAEC C INSURER A:Zurich American Insurance Co. INSURED HARDY-1 INSURER It:Great American Insurance Co. Hardy&Harper, Inc. INSURER c;First Mercury Insurance Co 10657 1312 E.Wamer Ave. INSURERo;Evanston Insurance Company Santa Ana CA 92705 y *SURER E INSURER F COVERAGES CERTIFICATE NUMBER:1175584255 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. IN6R TYPE OF INSURANCE Aum NDSIX POLICY EFi POLICY EXP LTa DIED VIVO POUCY NURSER (MMIDDIYYYY) 0111100/YYYY) UNITS C X COMMERCIAL GENERAL LIABILITY WACGL000006023001 1213112015 125112016 EACH OCCURRENCE $1.000,000 CLAIMS-MADE: I3AMAOE TO RENTED OCCUR uPREWSES EEa ccwrrere..ei $100,000 MED EXP{Any one person $S,000 ...�. PERSONAL$A0V INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000 POLICY© E C n LOC PRODUCTS-COMPIOP AGO�$2,000,000 OTHER A Al)TOMOmLELIAINLITY 13AP373645411 10(1/2015 10x1/2016 CLAMMED SiNGLELtMIT $ {Es accidem) 1:000,000 X ANY AUTO BODILY INJURY{Per petsont $ ALI DC3s NED SCHEDULED HOD{LY INJURY(Per eccidorti $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS {Par eccidrnI) S B UMBRELLA LIAR X OCCUR TUE406764500 12131/2015 12131/2016 EACH OCCURRENCE $10.000,000 X EXCESS LIAO CLAIMS,MADE: AGGREGATE $10,000,000 I DED I RETENT€ONS $ A WORKERS COMPENSATION WC373645311 10!112015 107112018 jj PER 0TH- AND EMPLOYERS'LMEEUTY X (3TA7E1T-E I I EIt ANY PROPR#ETORWARTNER.EXECUTr E Y i N•DFFiCEREMBii.R EXCLUDED? N/A Ei_EACH ACCIDENT SI,Os1,000,000 (Malistory In NH) E L DISEASE-EA EMPLOYE $1,000,000 yea.describe under --- DESCRIPTION OE OPERATIONS Wow E L DISEASE-POLICY LIMIT $1,000,000 D PoHullian 15CPLOWE00084 7/1/2015 71112017 $2,000,000 /Kip 51,000,000 occ DESCRIPTION OF OPERATIONS I LOCATIONS I VEINCLES(ACORO 101,AMIIonal Resys,ts Schodulo,raw Ni MtadMd IT nuns spoor Is IMuNid) ENDORSEMENTS ATTACHED ONLY APPLY AS REQUIRED BY WRITTEN CONTRACT SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. RE:Date Palm and Cathedral Canyon Pavement Rehabilitation-Bid No,B15-01E-Project Number:CIP 8837&8838 CERTIFICATE HOLDER VESTING: See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cathedral City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 68-700 Avenida Lab Guerrero ACCORDANCE WITH THE POLICY PROVISIONS. Cathedral City CA 92234 ALIT E EPRESE T I qI 198E-20 ACOR• C• PO N. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:HARDY-1 LOC 0: • • ACCJRD ADDITIONAL REMARKS SCHEDULE Pegs 1 of AGENCY NAMED INSURED Wood Gutmann&Bogart Hardy&Harper,Inc. 1312 E. Warner Ave. POLICY NUMBER Santa Ana CA 92705 CARRIER NMC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE City of Cathedral City.City employees and officers,the City Engineer,its consultants,elected officials,agents and sub consultants GENERAL LIABILITY: Additional insured applies per attached endorsements CG 20 33 04 13 and CG 20 37 04 13. Primary and Non Contributory wording applies per attached endorsement FMIC-GL-1002(10/2015). Waiver of Subrogation applies per attached endorsement FMIC-GL-2490(10/2013). AUTOMOBILE LIABILITY: Additional insured applies per attached endorsement CA 20 48 1013. Primary wording applies per the attached CA00010310. Waiver of Subrogation applies per attached endorsement CA04441013. WORKERS COMPENSATION: Waiver of Subrogation applies per attached endorsement WC 04 03 06 04.84, ACORD 101 (2008101) C 200E ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY#WACGL000006O23001 COMMERCIAL GENERAL LIABILITY EFFECTIVE: 12131116 to 12/31/16 CG 20 330413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL UABILITY COVERAGE PART A. Section II —Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply: operations when you and such person or This insurance does not apply to organization have agreed in writing in a contract or agreement that such person or organization be 1. "Bodily injury,,, "property damage"or "personal added as an additional insured on your poky. and advertising injury' arising out of the Such person or organization is an additional rendering of or the facture to render, any insured only with respect to liabili 2. "Bodily injury" or "property damage" occurring C. With respect to the insurance afforded to these after: additional insureds, the following is added to a. All work, including materials. parts or Section Ill--Limits Of Insurance; equipment furnished in connection with The most we will pay on behalf of the additional such work, on the project (other than insured is the amount of insurance: service, maintenance or repairs) to be 1. Required by the contract or agreement you performed by or on behalf of the additional have entered into with the additional insured: insured(s) at the location of the covered or operations has been completed;or 2. Available under the applicable Limits of b. That portion of'your work"out of which the Insurance shown in the Declarations; Injury or damage arises has been put to its intended use by any person or organization whichever is less. other than another contractor or This endorsement shat not increase the subcontractor engaged in performing applicable Limits of insurance shown in the operations for a principal as a part of the Declaratione same project. CG 20 33 0413 C Insurance Services Office, Inc.,2012 Page 2 of 2 POLICY NUMBER: WACGL000006023001 COMMERCIAL GENERAL LIABILITY EFFECTIVE: 12/31/15 to 12/31/16 CG 20 37 0413 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 Organizations) Location And Description Of Completed Operations As required by written contract signed by both parties prior to Coverage under this endorsement applies to all commercial the loss. and residential construction, excluding any construction operations, work or activities performed on any condominiums (as defined by controlling applicable statute), `tract homes"or"townhouse projects". "Tract homes"means 0_1 or more single-family dwelings constructed by a developer consecutively or concurrently on a single or subdivided parcel or tract of land utilizing common or similar design elements,floorplans or blueprints. "Townhouse projects"means multi-unit housing consisting of homes in a row of the same or similar design with common walls or with very narrow spacing between adjacent sidewalis. 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 1. Required by the contract or agreement or included in the "products-completed operations eq Y 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 0413 ID Insurance Services Office, Inc., 2012 Page 1 of 1 • 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 Condition and supersedes any provision to the contrary: Primary And Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that; (1) The additional insured is a Named Insured under such other insurance;and (2) You have agreed in writing in a contract or agreement prior to the injury or damage that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. However, the insurance provided under this endorsement will not apply beyond the extent required by such contract or agreement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached.effective on the inception date of the Policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) Endorsement effective December 31,2015 Policy No. WACGL000006023001 Endorsement No. Named Insured Hardy&Harper,Inc.,etal Countersigned by FMIC-GL-1002(1 O/2015) POLICY NUMBER: WA-CGL-0000060230-01 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: As required by written contract signed by both parties prior to the loss. 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 Q POLICY NUMBER: BAP373645411 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 Data: 10/1i15 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 Carder Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 481013 C Insurance Services Office, Inc.,2011 Page 1 of 1 Wolters Kluwer Financial Services I Uniform farms'"' • 0 Coverage Extension Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pot Eff.Date of End. Producer No. Addl.Prom Return Prem. BAP373645411 10/112015 10/1/2016 10/1/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An insured Provision in Section II—Covered Autos Liability Coverage: The following are also"insureds": a. Any"employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "autos hired or rented under a contract or agreement in an "employee's" name, with your permission,while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an Insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an"auto"'referenced in Paragraphs A.1.a.and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s)or organization(s)where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement,or the Limits of Insurance shown in the Declarations,whichever is less. 2. The following is added to the Other insurance Condition in the Business Auto Coverage Form and the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s)or organization(s), where required by written contract or written agreement with you executed prior to any"accident",will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured"will apply on an excess basis. However. in no event will this coverage extend beyond the terms and conditions of the Coverage Form, B. Amendment—Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-424-F CW(04-14) Page 1 of 6 includes copyrighted material of insurance Services Office,Inc.,with its permission. • C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II-Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II-Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section III - Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV - Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total loss"to a covered"auto",we will pay any unpaid amount due on the lease or loan for a covered "auto",less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form;and b. Any: (1) Overdue lease or loan payments at the time of the"loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties,credit life insurance,health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2.of the Physical Damage Coverage Section is replaced by the following: We will pay up to$75 for towing and labor costs incurred each time a covered "auto"of the private passenger type is disabled. However,the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a.of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage-Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage,we will pay expenses for which an Insured"becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: U-CA-424-F CW(04-14) Page 2 of 6 includes copyrighted material of Insurance Services Office,Inc..with its permission. (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered"auto";or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered"auto". However,the most we will pay for any expenses for loss of use is$100 per day,to a maximum of$3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to$750 for loss"to personal effects which are; (1) Personal property owned by an Insured";and (2) In or on a covered"auto". b. Subject to Paragraph a.above,the amount to be paid for"loss"to personal effects will be based on the lesser of: (1) The reasonable cost to replace;or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value, (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings,statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes,records,discs or other similar devices used with audio,visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes,Records and Discs Coverage 1. The Exclusion in Paragraph BA.a. of Section 10—Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV— Physical Damage Coverage in the Motor Carrier Coverage Form does not apply, 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for"loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes,records,discs or other similar audio,visual or data electronic devices: (a) Are the property of an"insured";and (b) Are in a covered"auto"at the time of"loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500, The Physical Damage Coverage Deductible Provision does not apply to such"loss". U-CA-424-F CW(04-14) Page 3 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. • K. Airbag Coverage The Exclusion in Paragraph B.3.a.of Section HI-Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV-Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us,the following applies for each covered"auto"on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller(or smallest)deductible,it will be waived;or 2. If the deductible on this policy or Coverage Form is not the smaller(or smallest)deductible, it will be reduced by the amount of the smaller(or smallest)deductible. M. Physical Damage-Comprehensive Coverage-Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered"autos"damaged or stolen,the maximum deductible that will be applied to Comprehensive Coverage for all loss"from any one cause is$5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos-Physical Damage 1. The following is added to Section I-Covered Autos: Temporary Substitute Autos-Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered"autos"for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto"you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3, Servicing; 4. "Loss":or 5. Destruction. 2. The following is added to the Paragraph A.Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos-Physical Damage We will pay the owner for loss"to the temporary substitute"auto"unless the"loss"results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto' will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident,Claim,Suit Or Loss Paragraph a.of the Duties In The Event Of Accident, Claim,Suit Or Loss Condition is replaced by the following: a. In the event of"accident", claim, "suit"or"loss",you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss"is known to you (if you are an individual),a partner(if you are a partnership),a member(if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any U-CA-424-F Cw(04-14) Page 4 of 6 Includes copyrighted material of Insurance Services Office,Inc..with its permission. agent,servant or employee of the"insured"to notify us of any"accident",claim, "suit"or"loss"shall not invalidate the insurance afforded by this policy. Include,as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or"suit" is brought, written notice of the claim or"suit"including, but not limited to,the date and details of such claim or"suit"; (2) The"insured's"name and address;and (3) To the extent possible,the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or loss",provided that the "accident"or"loss"arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract, Q. Employee Hired Autos—Physical Damage Paragraph b.of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f.of the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage,the following are deemed to be covered "autos"you own: (1) Any covered"auto"you lease,hire,rent or borrow;and (2) Any covered "auto"hired or rented under a written contract or written agreement entered into by an"employee"or elected or appointed official with your permission while being operated within the course and scope of that "employee's"employment by you or that elected or appointed official's duties as respect their obligations to you. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment,Misrepresentation Or Fraud Condition: However,we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form;or (2) Make an error,omission, improper description of"autos"or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto—World Wide Coverage Paragraph 7a.(5)of the Policy Period,Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered"auto"is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of"bodily injury"in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U-CA-424-F CW(04-14) Page 5 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. U. Expected Or intended injury The Expected Or Intended Injury Exclusion in Paragraph B.Exclusions under Section II—Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or"property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage—Additional Temporary Transportation Expense Coverage Paragraph A.4.a.of Section ill—Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to$50 per day to a maximum of$1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A.Coverage of the Physical Damage Coverage Section: In the event of a total "loss"to a covered"auto"of the private passenger type that is replaced with a hybrid "auto"or "auto" powered by an alternative fuel source of the private passenger type,we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of$2500. The covered "auto" must be replaced by a hybrid "auto"or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss"and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto"solely propelled by biofuel,gasoline or diesel fuel or any blend thereof is not an"auto"powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: if a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto"to you. We will pay only for those covered"autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms,conditions, provisions and exclusions of this policy remain the same. U-CA-424-F cw(4-14) Page 6 of 6 Includes copyrighted material of Insurance Services Office,Inc..with its permission. POLICY NUMBER: BAP373645411 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: 1011115 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 0 Insurance Services Office, Inc.,2011 Page 1 of 1 Wolters Kluwer Financial Services I Uniform Forms'" WORKERWCOIMPENSATION AND BMPLDTENtr f.IMIUTY INSURANCE POLICY WCO40300(Ed.414) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA This endowesnent floe pnt ay to Witch R It aMached aMttive on two Inception date of ihs pQbcy unless a afferent dale k Maio sd below. . gm tom it a rtlegdem,awutes rc u a.M►whoa Oh wndoresmeat lw*mid Ml o w n%to peocaliart d the pcbek) Titp1 Otidorsataant,eifecth.an 10/1115 it 12:01 A.M.dandewd Rile,forme all pert of Polby No. 'WC373643311 Endorsement No. of the ZURICH AAIil IC**MOURN=COMPANY MANI OP INSURANCE CNAN ) hind ta Hardy&Harper Inc. 421/iLiiive Premium p any}$ P1CLUDED We have the VS be recover ow mown hem anyone lade for an injury covered by this poky. We wll not enforce cur aft apdnet the person or orawtbetion named In the Schedule. (This a©resment applies only to the extent that you peens waste under*veldts coated that requires you to obtain this agreement from us.) You must mina*peyaaod aw oor &about**aepepedn 1w remunerattan of your empbyees white anieced in the welt distwd it en Setredulla. The aedMcnrl wean tier ON :: del be 0% of the Celhomis workers' c sperm lbn premium olharwtuo duo an each rant fteraMon. Schedule Person or Organkillos Job Description AU.PEA AMON CparMiATl0NS THAT NtllitlUIRE A ALL CALiNtN ►OPERATIONS WRITTEN CONTRACT DRAGIREEPIERIVIDIN THE Neu RED, EXECUTED PRIOR TO THE ACCIORIff OR UM THAT WAIVER a susabaNna I a P11101110110 IINDIN TiUS POLICY FOR WORK PIRPORMED BY V U FOR THAT PERSON ANDIOR ORG ANIiATION WC 202 Haug WC04 titO6 !-44 Pio 1of1