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Contract 1691
'‘ SECTION 1300 CONTRACT THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as"City,and MATICH CORPORATION,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 AVENIDA LA PAZ& AVENIDA LA VISTA PAVEMENT REHABILITATION, BID NO. B16-04E,CITY PROJECT NO. 8655 (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 August 14,2016,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 September 6, 2016, and any addenda thereto (the "Contract Documents") all of which shall be considered a part hereof as though fully set herein. 2. Contractor will comply with all Federal, State, County, and City of Cathedral City laws, regulations and policies,which are,as amended from time to time,incorporated herein by reference. 3. All work shall be done in a workman like manner and to the satisfaction of the City Engineer. 4. Time is of the essence in Contractor's performance of the Work for this Contract. Contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the City. 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 total compensation to Contractor for all Work shall not exceed Six Hundred Twenty-Two Thousand Dollars. ($622,000.00). 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 Contract Documents. 6. The Contractor, and any subcontractor engaged by Contractor, shall not 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 up to Two Hundred Dollars($200.00) for each calendar day,or fraction thereof,for every workman paid by Contractor or by any subcontractor engaged by Contractor,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 the Contract Documents,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. 9. Except as otherwise required, Contractor shall concurrently with the execution of this Contract, Agreement 1300-1 furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in the Contract Documents. 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 disability, mental disability, medical condition, genetic information, marital status, sex,gender,gender identity,gender expression,age, sexual orientation,or military and veteran status 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 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 Work. Contractor must, at Contractor's sole expense, obtain all necessary permits and licenses required for the Work,and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. 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. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract, Contractor and any or subcontractor is deemed to have offered and agreed to assign to City all rights,title, and interest in and to all causes of action it may have under Section 4 of the Clayton Agreement 1300-2 Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code),arising from purchases of goods,services,or materials for the Contract. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor,without further acknowledgement by the Parties. IN WITNESS WHEREOF,the parties have executed this Contract as of the dates stated below. "CITY" CITY OF CATHEDRAL CITY, a California municipal corporation ice, B�1= _.�. ,4 1 1 /�i� Dated: q-)q'i Charles McClendon,City Manager ATTEST: Dated: -iii- , 6 Gary Howell,City Clerk APPROVED AS I FO' ....."- _4i Dated: Q?— i Ll—/( Eric Vail,City Attorney "CONTRACTOR" Dated: �� � � By: i'LV /1"12‘ Name: Robert M. Matich Title: Vice President Dated: 4/5" /4'� By: 4/J ,/./01IF■ Name: Randall S.Valadez Title: Secretary Treasurer [CONTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACTOR IS A CORPORATION OR LIMITED LIABILITY COMPANY,TWO SIGNATURES MUST BE PROVIDED.] Agreement 1300-3 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of San Bernardino } On C106 1,U110 before me, Morgan E. Rierson, Notary Public (Here insert name and Y e of the officer) personally appeared Robert M. Matich who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is re subscribed to the within instrument and acknowledged to me that the/they executed the same in etr er/their authorized capacity(ies), and that by er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 4,0 : MORGAN E. RIERSONN Commission P410.2151473 ti M NOTARY PUBLIC-CALIFORNIA L I i " 1 SAN BERNARDINO COUNTY Nota P ;lic Si• a re (Notary Public Seal) MY Comm Expires APRIL 30,2020 • JJ • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they-is/ace)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number of pages and date. ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). www.NotaryClasses.corn 800-873-9865 • Securely attach this document to the signed document with a staple. CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of San Bernardino } On OMKre, 5 �imp before me, Morgan E. Rierson, Notary Public (Here insert name and title of the officer) personally appeared Randall S. Valadez who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is re subscribed to the within instrument and acknowledged to me that Cjhe/they executed the same in 411D er/their authorized capacity(ies), and that by er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MORGAN E. RIERSON WITNESS my hand and official seal. C,ommissoon No.2151473 M/ NOTARY PUBLIC-CALIFORNIA PUBLIC-CALIFORNIA SAN BERNARDINO COUNTY My Comm.Expire APRIL 30,2030 Nota P lic ign ture (Notary Public Seal) • • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/tlae) is/ere)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner's' • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Indicate title or type of attached document,number of pages and date. Other ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). www.NotaiyClasses.corn 800-873-9865 • Securely attach this document to the signed document with a staple. Bond Number: 24069178 Premium: $4,464.00 SECTION 1310 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on September 14, 2016, awarded to Matich Corporation, hereinafter designated as the Principal, a Contract for Avenida La Paz&Avenida La Vista Pavement Rehabilitation,Bid No.1116-04E,CITY PROJECT NO.8655, 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 Liberty Mutual Insurance Company ,as Surety,are held and firmly bound unto the City in the just and full amount of($622,000 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, 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 28th day of September , 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. Matich Corporation Principal (Seal) g Signature for Principal Robert M.Matich Vice President Title of Signatory Liberty Mutual Insurance Company Surety (Seal) alfrhti (N-etize Signature for Surety Heath Saltarelli Attorney-in-Fact Title of Signatory 790 The City Drive South, #200 Orange, CA 92868 Address of Surety (714) 634-5719 Phone#of Surety Mike Forman Contact Person For Surety Faithful Performance Bond 1310-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 .,ilr'N Nf w wt 1".4,11..f Tt a.t t.t'..0 Tf�. TGrA ►.H t.t!tit�T T.sit Nt/•:tr:z.t!s.t/.. s:t.Y. V.t.' 'sue&'.-r:�f!s�t s,.(- <rs\Ns�Ns\:•i.f awt tifr.nf..t.t<!YN 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 SEP 2 8 2016 before me, Lekim H. Luu,Notary Public Date Here Insert Name and Title of the Officer personally appeared Heather Saltarelli Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso�n�?? whose name(s) is/ark subscribed to the within instrument and acknowledged to me that he/she/t executed the same in his/her/their authorized capacity(kt,and that by his/her/04r signature(s)on the instrument the persons), or the entity upon behalf of which the person(R)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. LEKIM N. 21 LUU it/ Commission #2135634 a $; Notary Public - California z = . .,► Orange County Signature •c •g��'' My Comm. Expires Dec 3, 2019 f 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): Corporate Officer — Title(s): Partner — Limited General Partner — Limited General Individual x Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: • ,.Ty,,�y', '�(yf�y ., ,� fj��(t Y Y 'Y 'N Y Y w! 'N 'N Y'Y Y "Y Y Y N 'N'Y-N "N.Y 'N Y V Y Y Y'- • ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Bond Number: 24069178 Premium: Included in Performance Bond SECTION 1320 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on September 14,2016,awarded to Matich Corporation,hereinafter designated as the Principal,a Contract for Avenida La Paz&Avenida La Vista Pavement Rehabilitation,Bid No.B16-04E,CITY PROJECT NO.8655, 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: NOW, THEREFORE, we, the Principal, andLiberty Mutual Insurance Company, 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. *$622,000.00 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 Road 1320-1 IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their seals this 28th day of September , 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. Matich Corporation Principal (Seal) Signature for Principal Robert M. Mauch Vice President Title of Signatory Liberty Mutual Insurance Company Surety (Seal) 1l 1L I ( \rCWL Signature for Surety Heather Saltarelli Attorney-in-Fact Title of Signatory 790 The City Drive South, #200 Orange, CA 92868 Address of Surety (714) 634-5719 Phone#of Surety Mike Forman Contact Person For Surety Payment Bond 1320-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 Kri Nti,,,, ...i.Ns':l T.t'tt T<lt;,<Tt IN AC/w f.t,;.tte.t f. sst n'<,sst/s.</:.N4<«o. t:#v.,,t ,f-,N'v.:..mot,1.,!,,,,C i,,,V'sa,, ti,t,y,.u:,,,,.:,•'A,Ns, 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 SEP 2 8 2016 before me, Lekim H. Luu,Notary Public Date Here Insert Name and Title of the Officer personally appeared Heather Saltarelli _ Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso* whose name(s) is/ace subscribed to the within instrument and acknowledged to me that he/she/tlt y executed the same in his/her/their authorized capacity(i ),and that by his/her/fluor signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph ...�_t.-�5� .1 2 °° is true and correct. y.„1,-0,--, LEKIM H. LUU 4 ` ". Commission # 2135634 WITNESS my hand and official seal. a " ,i, Notary Public California z Ki z ' y°' Orange County My Comm. Expires Dec 3, 2019 Signature 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): Corporate Officer — Title(s): Partner — Limited General Partner — Limited General Individual X Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other: Signer Is Representing: _ Signer Is Representing: cmutcs.AAd:Ss'+-441.6.A..—. t15eUZ.M"uk.-4 4.7-4.-1.0 cwzr.- ✓ - ✓ - w.a'a.-- ✓w -- 4. ✓ r o ✓ r - ' W ✓ ' ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 ,THIS.POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.7492166 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, honda C.Abel,Jeri Apodaca,Michael D.Parizino.James A.Schaller,Rachelle Rheault,Kim Luu,Heather Saltarelli, Maria Guise all of the city of Newport Beach state of California each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver, for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this.2_4 Q y of September 2016. American Fire and Casualty Company 5, co �PND c4 so P�INSUR4 JPtijv INSp,� LPN1NSUy The Ohio Casualty Insurance Company '' ' 9-� J�J ..',ti�� y�y. °agar' ~�� v�� '• ,�`" z � � n � � , �o Liberty Mutual Insurance Company rn 1906 o > o ° 1919 ° e+ 3 Wes merican Insurance Com an _ 0� o 1912 x NI 1991 a ,A�" �' p Y o% D W ; as y 7i ab W 2 % HA I. °?,�ssq�VS t2 9f HA �`� 3 iNgpNP� By: j aa) * * * * David M.Carey,Ass stant Secretary .3 o) >, C STATE OF PENNSYLVANIA ss C co COUNTY OF MONTGOMERY co = 0 e 0) On this 20th day of September,2016,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, v F- v 0 Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing >U) C instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. a W d co IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O Q. 0 T. . COMMONWEALTH OF PENNSYLVANIA <M -17 1.t ~�."'\ Notarial Seal /��d%�u(�c� O 0 O�N! [' t Tereea Pestene,Notary Public B rr'O d t ! Plymouth Twp.,Montgomery County y' ` ` T My Canmission Expires March 2e,2017 Teresa Pastella,Notary Public 3 C rO ` -,, _-.". Minwer,PemmylvarMaAxotielionofNotaries 0 O4: N=::!:,-_,_'_•: -.-' dcS C cg This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty G.P.0 y 1- Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: "5 c to M ,�-Q1 CS yd„ ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and 0 C t;; subject to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute, O C seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their :5 £ respective powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. cu ZS When so executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney- >JZ r0.. L in-fact under the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. a)c) a ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, .+co d > d and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, ,_cV• .r L seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their L=2 Zrespective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When G . so executed such instruments shall be as binding as if signed by the president and attested by the secretary. a e- Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- H T- fad as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,flue and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. SEP 2 8 2016 IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of ,20 . Py1D CAS INSU 01 INSu N1NSUq,4 QQ• 0'044.le IIJp.''•....pq�L yJ�0 041.14.. ■L'P �i,•• 4i- 4. ` ,r^ Lie 4' �n 1 4' O w 1906 o r 1912 2 s 1919 ; ,`. 1991 a S a 'a �t rD y ; �r,�b °,+ y �b a .4.70iA T*. m,)'yfsACNU`�`-!2 �,!�'HA P" �N01/e* B• — Gregory W.Davenport,Assistant Secretary LMS_12873_122013 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." fef/L//11 2(1.1 je/i*j Signature Robert M.Match Vice President Title /0 Date Workers'Compensation Insurance 1330-1 SECTION 1340 LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION Contractor shall defend,indemnify and hold harmless the City,City Council and each member thereof,and every officer,employee and agent of City,from any claim,demand,damage, liability,loss,cost or expense (including,without limitation,attorney's fees and costs)arising from any intentional,reckless,negligent,or otherwise wrongful acts,errors or omissions of the Contractor,or any of the Contractor" 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 will 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 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 One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage for any one occurrence and a Two Million Dollar($2,000,000)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&Insurance Requirements 1340-1 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 One Million Dollars($1,000,000) 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, 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: 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 1340-2.6.d, Endorsements. The Contractor shall be obligated to pay any extra premium for maintaining the insurance requirements specified herein. Liability&Insurance Requirements 1340-2 AC RD® CERTIFICATE OF LIABILITY INSURANCE 9/28/2016 `-� 9/28/2016 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). NT PRODUCER NAMEACT Diane Weller Alliant Insurance Services, Inc. PHONE 949-756-0271 FAX 949-756-2713 1301 Dove Street, Suite 200 ( q Fat). IA/C.No): Newport Beach CA 92660-2436 E-MAIL dweller@alliant.com ADDRESS;dweller@alliant.com AFFORDING COVERAGE NAIC# INSURER A:Great American Insurance Company 16691 INSURED INSURER B:Executive Risk Indemnity Inc 35181 Matich Corporation INSURER C:Federal Insurance Company 20281 1596 Harry Shepard Blvd. San Bernardino CA 92408 INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:303992064 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 K TYPE OF INSURANCE INSD 'UWVBD POLICY NUMBER POLICY EFF POLICY EXP AUUL (MM/DD/YYYY) IMM/DD/VYYY) LIMITS B X COMMERCIAL GENERAL LIABIUTY 54303169 7/1/2016 7/1/2017 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL 8 ADV INJURY $1,000,000 _ GE 'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000 _ POLICY X PE r- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: COMBINED SINGLE LIMIT 54303168 7/1/2016 7/1/2017 (Ea accident) $ C AUTOMOBILE LIABILITY 1,000,000 _ X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NNOTN SWNED PROPERTY DAMAGE $ (Per accident) $ A X UMBRELLA LIAB X OCCUR TUE405725710 7/1/2016 7/1/2017 EACH OCCURRENCE _ $25,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE _ $25,000,000 DED RETENTION$ $ C WORKERS COMPENSATION 54303170 7/1/2016 7/1/2017 AND EMPLOYERS'LIABILITY Y/N X STATUTE EERH ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N N IA E.L.EACH ACCIDENT $1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Matich Job #16-035, Project #8655, Avenida La Paz & Avenida La Vista Pavement Rehabilitation City of Cathedral City, City employees and their officers, the City Engineers, its consultants, elected officials, agents, and subconsultants are named as Additional Insured witon Primary and Non-Contributory basis per attached endorsements. 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 Lalo Guerrero ACCORDANCE WITH THE POLICY PROVISIONS. Cathedral City CA 92234 AUTHORIZED REPRESENTATIVEgeet_ I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Policy No. 54303169 COMMERCIAL GENERAL LIABILITY 10-02-2508(Ed.7-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. SECTION II—WHO IS AN INSURED is amended c. The insurance provided to the insured does to include any person or organization that you not apply to "bodily injury" or "property agree in a "written contract requiring insurance" to damage" caused by"your work" and included include as an insured on this Coverage Part, but: in the "products-completed operations a. Only with respect to liability for"bodily injury", hazard" unless the "written contract requiring "property damage"or"personal injury";and insurance"specifically requires you to provide b. If, and only to the extent that, the injury or such coverage for that insured, and then the damage is caused by acts or omissions of insurance provided to the insured applies only you or your subcontractor in the performance to such "bodily injury" or "property damage" of "your work" to which the "written contract that occurs before: requiring insurance" applies. The person or (1) The end of the period of time for which organization does not qualify as an insured the "written contract requiring insurance" with respect to the independent acts or requires you to provide such coverage;or omissions of such person or organization. (2) The end of the policy period; 2. The insurance provided to the insured by this whichever is earlier. endorsement is limited as follows: a. In the event that the Limits of Insurance of 3. The insurance provided to the insured by this endorsement is excess over any valid and this Coverage Part shown in the Declarations collectible other insurance, whether primary, exceed the limits of liability required by the excess, contingent or on any other basis, that is "written contract requiring insurance", the available to the insured for a loss we cover under insurance provided to the insured shall be this endorsement. However, if the "written limited to the limits of liability required by that contract requiring insurance" specifically requires "written contract requiring insurance". This that this insurance apply on a primary basis or a endorsement shall not increase the applicable primary and non-contributory basis, this Limits of Insurance shown in the Declarations. insurance is primary to other insurance available b. The insurance provided to the insured does to the insured which covers that person or not apply to damages, loss, cost or expense organization as a named insured for such loss, arising out of the rendering of, or failure to and we will not share with that other insurance. render, any professional architectural, But the insurance provided to the insured by this engineering or surveying services, including: endorsement still is excess over any other valid (1) The preparing, approving, or failing to and collectible insurance, whether primary, prepare or approve, maps, shop excess, contingent or on any other basis, that is drawings, opinions, reports, surveys, field available to the insured when that person or orders or change orders, or the preparing, organization is an additional insured under such approving, or failing to prepare or other insurance. approve, drawings and specifications; 4. As a condition of coverage provided to the and insured by this endorsement: (2) Supervisory, inspection, architectural or a. The insured must give us written notice as engineering activities. soon as practicable of an "occurrence" or an 10-02-2508(Ed. 7-15) Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 2 with its permission. offense which may result in a claim. To the extent possible, such notice should include: (1) How,when and where the"occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses;and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against the insured, the insured must: (1) Immediately record the specifics of the claim or"suit"and the date received;and (2) Notify us as soon as practicable. The insured must see to it that we receive written notice of the claim or"suit" as soon as practicable. c. The insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d. The insured must tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover the insured for a loss we cover under this endorsement. However, this condition does not affect whether the insurance provided to the insured by this endorsement is primary to other insurance available to the insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V —DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect;and c. Before the end of the policy period. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., 10-02-2508(Ed.7-15) with its permission. POLICY NUMBER:54303169 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations Only where this form is specifically requested by an executed contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage or personal and advertising injury "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions;or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ©ISO Properties, Inc.,2004 Page 1 of 1 0 POLICY NUMBER: 54303169 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Only where this form is specifically requested by an executed contract Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or"property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: 54303169 COMMERCIAL GENERAL LIABILITY 10-02-2461 (Ed.7-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE FOR SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Additional Insured: Location Of Covered Operations: Per written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect only to the Additional Insured and at the Location Of Covered Operations shown in the Schedule, the following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance 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 the Additional Insured with respect to the Location Of Covered Operations shown in the Schedule 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 that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. 10-02-2461 (Ed.7-15) Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. POLICY NUMBER: 54303169 COMMERCIAL GENERAL LIABILITY Form 10-02-1800(Rev.6-09) c. Method Of Sharing To the extent that the insured's rights to recover If all of the other insurance permits contribution all or part of any payment made under this Cover- by equal shares, we will follow this method al- age Part have not been waived, those rights are so. Under this approach each insurer contrib- transferred to us. The insured must do nothing af- utes equal amounts until it has paid its appli- ter loss to impair them. At our request, the insured cable limit of insurance or none of the loss will bring "suit" or transfer those rights to us and remains,whichever comes first. help us enforce them. If any of the other insurance does not permit This condition does not apply to Coverage C. contribution by equal shares, we will contribute 9. When We Do Not Renew by limits. Under this method, each insurer's If we decide not to renew this Coverage Part, we share is based on the ratio of its applicable lim- will mail or deliver to the first Named Insured it of insurance to the total applicable limits of shown in the Declarations written notice of the insurance of all insurers. nonrenewal not less than 30 days before the expi- 5. Premium Audit ration date. a. We will compute all premiums for this Cover- If notice is mailed, proof of mailing will be sufficient age Part in accordance with our rules and proof of notice. rates. SECTION V—DEFINITIONS b. We may audit your books and records as they 1. "Advertisement" means an electronic, oral, written relate to this insurance at any time during the or other notice, about goods, products or services, term of this policy and up to three years after- designed for the specific purpose of attracting the wards. general public or a specific market segment to use c. The first Named Insured must keep records of such goods, products or services. the information we need for premium computa- "Advertisement" does not include any e-mail ad- bon, and send us copies at such times as we dress, Internet domain name or other electronic may request. address or metalanguage. 6. Representations 2. "Advertising injury"means injury, other than "bodi- By accepting this policy, you agree: ly injury", "property damage"or"personal injury", a. The statements in the Declarations are accu- sustained by a person or organization and caused rate and complete; by an offense of infringing, in that particular part of b. Those statements are based upon representa- your"advertisement"about your goods, products tions you made to us; and or services, upon their: c. We have issued this policy in reliance upon a. Copyrighted "advertisement";or your representations. b. Registered collective mark, registered service 7. Separation Of Insureds mark or other registered trademarked name, Except with respect to the Limits of Insurance,and slogan,symbol or title. any rights or duties specifically assigned in this 3. "Asbestos" means asbestos in any form, including Coverage Part to the first Named Insured, this in- its presence or use in any alloy, by-product, com- surance applies: pound or other material or"waste". a. As if each Named Insured were the only 4. "Auto"means: Named Insured; and a. A land motor vehicle, trailer or semitrailer de- b. Separately to each insured against whom signed for travel on public roads, including any claim is made or"suit"is brought. attached machinery or equipment; or 8. Transfer Or Waiver Of Rights Of Recovery b. Any other land vehicle that is subject to a com- Against Others To Us pulsory or financial responsibility law or other motor vehicle insurance law in the state where We will waive the right of recovery we would oth- it is licensed or principally garaged. erwise have had against another person or organ- ization, for loss to which this insurance applies, However, "auto" does not include "mobile equip- provided the insured has waived their rights of re- ment". covery against such person or organization in a 5."Bodily injury"means physical: contract or agreement that is executed before a. In u such loss. rY b. Sickness;or c. Disease; Page 12 of 16 Includes copyrighted material of ISO Properties, Form 10-02-1800(Rev.6-09) Inc., with its permission POLICY NUMBER: 54303169 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Per written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by "occur- damages or under Coverage C for medical rences" under Section I—Coverage A,and for all expenses shall reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for Section I —Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- 1. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla- cept damages because of "bodily injury" or rations, such limits will be subject to the appli- "property damage" included in the "products- cable Designated Construction Project Gen- completed operations hazard", and for medi- eral Aggregate Limit. cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits"brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 2 0 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro- rences"under Section I—Coverage A,and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be attrib- the "products-completed operations hazard" will uted only to ongoing operations at a single des- reduce the Products-completed Operations Ag- ignated construction project shown in the Sched- gregate Limit, and not reduce the General Ag- ule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit,whichever is applicable; and signs, specifications or timetables, the project will 2. Such payments shall not reduce any Desig- still be deemed to be the same construction pro- nated Construction Project General Aggre- ject. gate Limit. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 ©Insurance Services Office, Inc., 2008 CG 25 03 05 09 ❑ Policy No. 54303168 COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM borrow in your business or your personal This endorsement modifies the Business Auto Coverage Form. affairs. 1. EXTENDED CANCELLATION CONDITION C. Lessors as Insureds Paragraph A.2.b.—CANCELLATION-of the Paragraph A.1. —WHO IS AN INSURED—of COMMON POLICY CONDITIONS form IL 00 17 is SECTION II—LIABILITY COVERAGE is deleted and replaced with the following: amended to add the following: b. 60 days before the effective date of cancellation if e. The lessor of a covered"auto"while the we cancel for any other reason. "auto" is leased to you under a written 2. BROAD FORM INSURED agreement if: A. Subsidiaries and Newly Acquired or Formed (1) The agreement requires you to Organizations As Insureds provide direct primary insurance for The Named Insured shown in the Declarations is the lessor; and amended to include: (2) The"auto"is leased without a driver. 1. Any legally incorporated subsidiary in which Such leased "auto"will be considered a you own more than 50%of the voting stock on covered"auto"you own and not a covered the effective date of the Coverage Form. "auto"you hire. However, the Named Insured does not include However, the lessor is an "insured"only any subsidiary that is an "insured" under any for"bodily injury"or"property damage" other automobile policy or would be an resulting from the acts or omissions by: "insured" under such a policy but for its 1. You; termination or the exhaustion of its Limit of 2. Any of your"employees"or agents; Insurance. or 2. Any organization that is acquired or formed by 3. Any person, except the lessor or you and over which you maintain majority any"employee"or agent of the ownership. However, the Named Insured lessor, operating an "auto"with the does not include any newly formed or acquired permission of any of 1. and/or 2. organization: above. (a)That is an "insured" under any other D. Persons And Organizations As Insureds automobile policy; Under A Written Insured Contract (b)That has exhausted its Limit of Insurance Paragraph A.1 —WHO IS AN INSURED—of under any other policy; or SECTION II—LIABILITY COVERAGE is (c) 180 days or more after its acquisition or amended to add the following: formation by you, unless you have given f. Any person or organization with respect to us written notice of the acquisition or the operation, maintenance or use of a formation. covered"auto", provided that you and Coverage does not apply to"bodily injury"or such person or organization have agreed "property damage"that results from an "accident" under an express provision in a written that occurred before you formed or acquired the "insured contract",written agreement or a organization. written permit issued to you by a B. Employees as Insureds governmental or public authority to add Paragraph A.1.—WHO IS AN INSURED—of such person or organization to this policy SECTION II—LIABILITY COVERAGE is amended to as an "insured". add the following: However, such person or organization is d. Any"employee"of yours while using a an "insured"only: covered"auto"you don't own, hire or Form: 16-02-0292 (Rev. 4-11) Page 1 of 3 "Includes copyrighted material of Insurance Services Office, Inc.with its permission" (1) with respect to the operation, d. Rental Expense maintenance or use of a covered We will pay the following expenses that you or "auto"; and any of your"employees"are legally obligated (2) for"bodily injury"or"property damage" to pay because of a written contract or caused by an"accident"which takes agreement entered into for use of a rental place after: vehicle in the conduct of your business: (a) You executed the"insured MAXIMUM WE WILL PAY FOR ANY ONE contract"or written agreement; or CONTRACT OR AGREEMENT: (b) The permit has been issued to 1. $2,500 for loss of income incurred by the you. rental agency during the period of time that 3. FELLOW EMPLOYEE COVERAGE vehicle is out of use because of actual EXCLUSION B.S. -FELLOW EMPLOYEE—of damage to, or"loss"of,that vehicle, including SECTION II—LIABILITY COVERAGE does not apply. income lost due to absence of that vehicle for 4. PHYSICAL DAMAGE—ADDITIONAL TEMPORARY use as a replacement; TRANSPORTATION EXPENSE COVERAGE 2. $2,500 for decrease in trade-in value of the Paragraph A.4.a.—TRANSPORTATION EXPENSES rental vehicle because of actual damage to —of SECTION III—PHYSICAL DAMAGE that vehicle arising out of a covered "loss"; and COVERAGE is amended to provide a limit of$50 per 3. $2,500 for administrative expenses incurred day for temporary transportation expense, subject to a by the rental agency, as stated in the contract maximum limit of$1,000. or agreement. 5. AUTO LOAN/LEASE GAP COVERAGE 4. $7,500 maximum total amount for paragraphs Paragraph A. 4.—COVERAGE EXTENSIONS-of 1.,2. and 3. combined. SECTION III—PHYSICAL DAMAGE COVERAGE is 7. EXTRA EXPENSE—BROADENED COVERAGE amended to add the following: Paragraph A.4.—COVERAGE EXTENSIONS—of c. Unpaid Loan or Lease Amounts SECTION III—PHYSICAL DAMAGE COVERAGE In the event of a total"loss"to a covered"auto",we will is amended to add the following: pay any unpaid amount due on the loan or lease for a e. Recovery Expense covered"auto" minus: We will pay for the expense of returning a 1. The amount paid under the Physical Damage stolen covered"auto"to you. Coverage Section of the policy; and 8. AIRBAG COVERAGE 2. Any: Paragraph B.3.a. -EXCLUSIONS—of SECTION a. Overdue loan/lease payments at the time of III—PHYSICAL DAMAGE COVERAGE does not the"loss"; apply to the accidental or unintended discharge of b. Financial penalties imposed under a lease for an airbag. Coverage is excess over any other excessive use, abnormal wear and tear or collectible insurance or warranty specifically high mileage; designed to provide this coverage. c. Security deposits not returned by the lessor: 9. AUDIO,VISUAL AND DATA ELECTRONIC d. Costs for extended warranties, Credit Life EQUIPMENT-BROADENED COVERAGE Insurance, Health, Accident or Disability Paragraph C.2.—LIMIT OF INSURACE-of Insurance purchased with the loan or lease; SECTION III -PHYSICAL DAMAGE is deleted and and replaced with the following: e. Carry-over balances from previous loans or 2. $2,000 is the most we will pay for"loss" in any leases. one"accident"to all electronic equipment that We will pay for any unpaid amount due on the loan or reproduces, receives or transmits audio,visual lease if caused by: or data signals which, at the time of"loss", is: 1. Other than Collision Coverage only if the Declarations indicate that Comprehensive a. Permanently installed in or upon the Coverage is provided for any covered"auto"; covered "auto" in a housing, opening or 2. Specified Causes of Loss Coverage only if the other location that is not normally used by Declarations indicate that Specified Causes of the"auto"manufacturer for the installation Loss Coverage is provided for any covered"auto"; of such equipment; or b. Removable from a permanently installed 3. Collision Coverage only if the Declarations indicate housing unit as described in Paragraph that Collision Coverage is provided for any 2.a. above or is an integral part of that covered "auto. equipment; or 6. RENTAL AGENCY EXPENSE c. An integral part of such equipment. Paragraph A. 4.—COVERAGE EXTENSIONS—of SECTION III—PHYSICAL DAMAGE COVERAGE is amended to add the following: Form: 16-02-0292 (Rev. 4-11) Page 2 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" 10. GLASS REPAIR—WAIVER OF DEDUCTIBLE applies, provided the"insured"has waived Under Paragraph D.-DEDUCTIBLE—of their rights of recovery against such person or SECTION III—PHYSICAL DAMAGE COVERAGE organization under a contract or agreement the following is added: that is entered into before such"loss". No deductible applies to glass damage if the glass To the extent that the"insured's"rights to is repaired rather than replaced. recover damages for all or part of any 11.TWO OR MORE DEDUCTIBLES payment made under this insurance has not Paragraph D.-DEDUCTIBLE—of SECTION III— been waived,those rights are transferred to PHYSICAL DAMAGE COVERAGE is amended to us. That person or organization must do add the following: everything necessary to secure our rights and If this Coverage Form and any other Coverage must do nothing after"accident"or"loss"to Form or policy issued to you by us that is not an impair them. At our request, the insured will automobile policy or Coverage Form applies to the bring suit or transfer those rights to us and same"accident", the following applies: help us enforce them. 1. If the deductible under this Business Auto Coverage Form is the smaller(or smallest) 14. UNINTENTIONAL FAILURE TO DISCLOSE deductible, it will be waived; or HAZARDS 2. If the deductible under this Business Auto Paragraph B.2.—CONCEALMENT, Coverage Form is not the smaller(or smallest) MISREPRESENTATION or FRAUD of SECTION deductible, it will be reduced by the amount of IV—BUSINESS AUTO CONDITIONS-is deleted the smaller(or smallest)deductible. and replaced with the following: 12.AMENDED DUTIES IN THE EVENT OF If you unintentionally fail to disclose any hazards ACCIDENT, CLAIM, SUIT OR LOSS existing at the inception date of your policy,we will Paragraph not void coverage under this Coverage Form aragraph A.2.a. - DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS of because of such failure. SECTION IV- BUSINESS AUTO CONDITIONS is 15. AUTOS RENTED BY EMPLOYEES deleted and replaced with the following: Paragraph B.5. -OTHER INSURANCE of a. In the event of"accident", claim, "suit"or SECTION IV—BUSINESS AUTO CONDITIONS- "loss", you must promptly notify us when the is amended to add the following: "accident"is known to: e. Any"auto"hired or rented by your"employee" (1) You or your authorized representative, if on your behalf and at your direction will be you are an individual; considered an "auto"you hire. If an (2) A partner,or any authorized "employee's"personal insurance also applies representative, if you are a partnership; on an excess basis to a covered"auto" hired (3) A member, if you are a limited liability or rented by your"employee"on your behalf company; or and at your direction, this insurance will be (4) An executive officer, insurance manager, primary to the"employee's"personal or authorized representative, if you are an insurance. organization other than a partnership or 16. HIRED AUTO—COVERAGE TERRITORY limited liability company. Paragraph B.7.b.(5).(a)- POLICY PERIOD, Knowledge of an "accident", claim, "suit"or COVERAGE TERRITORY of SECTION IV— "loss" by other persons does not imply that the BUSINESS AUTO CONDITIONS is deleted and persons listed above have such knowledge. replaced with the following: Notice to us should include: (a)A covered "auto"of the private passenger (1) How, when and where the"accident"or type is leased, hired, rented or borrowed "loss"occurred; without a driver for a period of 45 days or (2) The"insured's"name and address; and less; and (3) To the extent possible, the names and 17. RESULTANT MENTAL ANGUISH COVERAGE addresses of any injured persons or Paragraph C.of-SECTION V—DEFINITIONS is witnesses. deleted and replaced by the following: 13. WAIVER OF SUBROGATION "Bodily injury"means bodily injury, sickness or Paragraph A.5. -TRANSFER OF RIGHTS OF disease sustained by any person, including RECOVERY AGAINST OTHERS TO US of mental anguish or death as a result of the"bodily SECTION IV—BUSINESS AUTO CONDITIONS is injury"sustained by that person. deleted and replaced with the following: 5. We will waive the right of recovery we would otherwise have against another person or organization for"loss"to which this insurance Form: 16-02-0292 (Rev. 4-11) Page 3 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" WORKERS' COMPENSATION AND EMPLOYERS'LIABILITY INSURANCE POLICY WC 99 03 04(Ed. 7-08) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 7/1/16 at 12:01 A. M. standard time, forms a part of (DATE) Policy No. 54303170 of the Federal Insurance Company (NAME OF INSURANCE COMPANY) issued to Matich Corporation �,/ at:. .. !i . ,G.. Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for the blanket waiver offered by this endorsement shall be 0.00 % of total California premium. Schedule Person or Organization Job Description Where required by written contract WC 99 03 04(Ed.7-08)