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HomeMy WebLinkAboutCC RESO 2021-07 Award Contract to Eagle Paving Company, Inc for Sweetwater Road Safety Enhancement Project CIP No. 19-12RESOLUTION NO. 2021 - 07 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) AWARDING A CONTRACT TO EAGLE PAVING COMPANY, INC. IN THE NOT -TO -EXCEED AMOUNT OF $1,086,911.00 FOR THE SWEETWATER ROAD SAFETY ENHANCEMENT PROJECT, CIP NO. 19-12; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $163,036.65 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Sweetwater Road Safety Enhancement Project, CIP No. 19-12 (Project) will provide a 2" grind and overlay on 0.5 miles of Sweetwater Road from Stockman Street to the east side of Via Romaya Street within the existing right -of way, upgrade ADA ramps to the current standard within the Project limits, as well as address damaged cross gutter, curb and gutter and will also install new street lighting, raised median for traffic calming, new striping including crosswalk and class II bike lane along Sweetwater Road; and WHEREAS, on December 12, 2016, the California Department of Transportation (Caltrans) awarded the City of National City (City) a $680,940 Highway Safety Improvement Program (HSIP) grant for the Project; and WHEREAS, on January 27, 2020, Caltrans authorized the City to proceed with the construction phase in the amount of $680,940 ($604,440 for construction and $76,500 for construction management) with a local match of $83,475 local match; and WHEREAS, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors and on December 10, 2020, and was advertised in local newspapers on December 21, 2020 and December 28, 2020; and WHEREAS, on January 11, 2021, six (6) bids were received by the 11:00 a.m. deadline for the Project; and WHEREAS, Eagle Paving Company, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $1,086,911.00; and WHEREAS, City staff recommends awarding a contract to Eagle Paving Company, Inc., in the not -to -exceed amount of $1,086,911.00; and WHEREAS, City staff recommends authorizing a 15% contingency amount up to $163,036.65 for any unforeseen conditions that may arise during the Project. Resolution No. 2021 — 07 Page Two NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: That the City Council hereby awards the Sweetwater Road Safety Enhancement Project, CIP No. 19-12, to the lowest responsive, responsible bidder, to wit: EAGLE PAVING COMPANY, INC. Section 2: That the City Council of the City of National City hereby authorizes the Mayor to execute a contract in the amount of $1,086,911.00 with Eagle Paving Company, Inc. for the Sweetwater Road Safety Enhancement Project, CIP No. 19-12 and said contract is on file in the office of the City Clerk. Section 3: That the City Council authorizes a 15% contingency in the amount of up to $163,036.65 for any unforeseen changes. Section 4: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 2nd day of February, 202 ATTEST: Luz Molina{ ity Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City, Attorney Alejandra Sotelo-Solis, Mayor Passed and adopted by the Council of the City of National City, California, on February 2, 2021, by the following vote, to -wit: Ayes: Sotelo-Solis, Rodriguez, Bush, Morrison, Rios. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California LUZ MOLINA City Clerk of the City of National City, California BY: I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2021-07 of the City of National City, California, passed and adopted by the Council of said City on February 2, 2021. City Clerk oCity of National City, California OWNER - CONTRACTOR AGREEMENT SWEETWATER ROAD SAFETY ENHANCEMENTS, CIP NO. 19-12 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Eagle Paving Company, Inc. ("Contractor"), 13915 Danielson Street, San Diego, CA 92064, on the 2nd of February, 2021, for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit'B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires 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 Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's 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 Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. have read and understood all of the provisions of this Section 15, above: (Initial) (Initial) 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Alejandra Sotelo-Solis Mayor, City of National City APPROVED AS TO FORM: By: Charles E. Bell, Jr. City Attorney Contractor: Eagle Paying Company, Inc. `-- l,%E i j (Ownr/Officer signature) Print name and title (Secpnd officer signature if a corporation) Print name and title 09012859 Contractor's City Business License No. 944939-C12A State Contractor's License No. and Class 13915 Danielson Street, Suite 201 Business street address Poway, CA 92064 City, State and Zip Code EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) 1, -IfVat t CORPORATE CERTIFICATE certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that 1�%L , who signed said contract on behalf of the Contractor, was then C ih of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, lirL . PU [k, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that WPERPri Contractor, was then °cC-) , who signed said contract on behalf of the of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: PARTNERSHIP CERTIFICATE STATE OF ) ss COUNTY OF On this day of , 20, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: AC RO O® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the teens and conditions of the policy, certain policles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Patriot Risk & Insurance Services 2415 Campus Drive, Suite #200 CA 92612 www.patrisk.com 0K07568 ACT NAME: PHONE FA)(Irvine, ac No EMI: (949) 486-7900 (A/C, Nap i-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER!): XL Insurance America, Inc. 24554 INSURED Eagle Paving Company, Inc. dba: Toro Engineering 13915 Danielson Street, Suite #201 Poway CA 92064 INSURER a: Greenwich Insurance Company 22322 INSURER c: Great American Insurance Company p 16691 INSURER D: Insurance Company of the West 27847 INSURER E: INSURER F: MBER: 59714317 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SURR WVD POLICY NUMBER PM/DDYEFF (MM/DD/YYYY) MMIUDPOLICYEIIP (MMIDDIYYYY) LIMITS A / COMMERCIAL GENERAL UMW"( e OCCUR PD / ,/ NPC100392000 9/1/2020 9/1/2021 EACH OCCURRENCE $1,000,000 CLAIMS -MADE DAMAGE TO RENTED PREMISES (Ee occurrence) $300 000 / GE Deductible $1,000 MED EXP (Any one person) $5000 PERSONAL & ADV INJURY $1 000 000 'I_ AGGREGATE LIMIT APPLIES PER: P POLICY RO JECT IN LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ B AUTOMOBILELIABIMTY ,/ _ ANY AUTO OWNED AUTOS ONLY AUTOS ONLY _AUTOS _ SCHEDULED ONLY AUU(Per / / NBA100391900 9/1/2020 9/1/2021 (EaeaatleD31NGLE LIMIT $1005000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ RTYp PROPEident) AGE accident) $ Med Pay $65000 C ,/ UMBRELLA LIAR EXCESS LIAB ✓ occuR CLAIMS -MADE TUE196721604 9/1/2020 9/1/2021 EACH EACH OCCURRENCE $6000,000 AGGREGATE $6,000,000 DED I J RETENTION$ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN OFFCER/MEM EREXCLUDED5 EXECUTIVE 111 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA �/ WSD505017501 9/1/2020 9/1/2021 ✓ STATUTE I ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $1 000.000 E.L. DISEASE - POLICY LIMIT $1,000000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached II more space is required) RE: All California Operations as required by written contract.SWEETWATER ROAD SAFETY ENHANCEMENTS HSIPL-5066(043) CAPITAL IMPROVEMENT PROJECT NO. 19-12 The City of National City, its elected officials, officers, agents, employees and volunteers are named as additional insured with respect to liability as required by written contract. Coverage is primary and non contributory. Waiver of Subrogation applies. See attached endorsements. *30-day notice of cancellation / 10-days for non-payment of premium. CANCELLATION City of National City c/o Risk Manager 1243 National City Blvd National City CA 91950-4397 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Dave Jacobson © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 59714317 120/21 GL/AU/WC/UMB I Amanda Pyle 11/14/2021 4;15:19 PM IPSTI I Page 1 of 20 ENDORSEMENT it This endorsement, effective 12:01 a.m. 09/01/2020 , forms a part of Policy No. NPC100392000 Blued to Eagle Paving Cgmpam.'ns Gurance America, Inc. dba: ToroEngineering THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY XLPIus Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. The following listing Is a general coverage description only. Limitations and exclusions may apply to these coverages. Read this endorsement carefully to determine rights, duties, and what is and is not covered. A. Reasonable Force — Bodily Injury or Property Damage B. Damage To Premises Rented To You Extension • Perils of fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage • Limit Increased to $300,000 C. Aircraft Chartered with Crew D. Non -Owned Watercraft E. Personal and Advertising Injury —Assumed by Insured Contract F. Increased Supplementary Payments • Cost for bail bonds increased to $5,000 • Loss of earnings increased to $1,000 per day G. Broadened Named Insured H. Blanket Additional Insured — Managers or Lessors of Premises I. Blanket Additional Insured — Lessor of Leased Equipment J. Injury to Co -Employees and Co Volunteer Workers K. Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M. Liberalization N. Blanket Waiver of Subrogation O. Incidental Medical Malpractice Injury P. Extension of Coverage — Bodily Injury Q. Coverage Territory Form XIL 4381208 ® 2008, XL America, Inc. Page 1 of 8 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. 59/14117 120/21 M./AU/WC/UM 1 Amanda Pyle 11/14/2021 4:15:19 PM (P5T) I Page 2 of 20 A. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE Exclusion a. Expected Or Intended Injury of Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I — Coverages is deleted in its entirety and replaced by the following: [This insurance does not apply to:) Expected or Intended Injury or Damage "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. B. DAMAGE TO PREMISES RENTED TO YOU EXTENSION 1. The last paragraph of 2. Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I - Coverages is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damages to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage. A separate limit of insurance applies to this coverage as described in Section III- Limits of Insurance. 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of Section III- Limits of Insurance is deleted In its entirety and replaced by the following: 6,a. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage' to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, explosion, lightning, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same °occurrence°, whether such damage results from fire, explosion, lightning, smoke, aircraft or vehicle or riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage or any combination of any of these. b. The Damage to Premises Rented to You Limit will be the higher of: (1) $300,000; or (2) The amount shown on the Declarations for Damage to Premises Rented to You Limit. Form XIL 4361208 ®2008, XL America, Inc. Page 2 of 8 Includes copyrighted material of Insurance Services Office, Inc., wllh Its permission. 59/19317 120/21 GL/A11/WC/U115 I Amanda Pyle 1 1/14/2021 9:15:19 P (PST) I Page 3 of 20 4. Paragraph 9.a. of the definition of "Insured contract" under Section V. Definitions, is deleted in its entirety and replaced by the following: ["Insured contract" means:) a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that Indemnifies any person or organization for damage by fire, lightning, explosion, smoke, aircraft or vehicle, dot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage to premises while rented to you, or temporarily occupied by you with the permission of the owner is not an "Insured contract", 5. This Article B. does not apply If coverage for Damage to Premises Rented to You of Coverage A. Bodily Injury And Property Damage Liability of Section I — Coverages is excluded by endorsement. C. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions contained in Exclusion g., Aircraft, Auto or Watercraft in Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage of Section I — Coverages: [This exclusion does not apply to:) Aircraft chartered with crew to any insured. 2. This Article C. does not apply if the chartered aircraft is owned by any insured. 3. The insurance provided by this Article C. shall be excess over any valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for Insurance purchased specifically by you to be excess of this policy. D. NON -OWNED WATERCRAFT 1. The exception contained in Subparagraph (2) of Exclusion g. Aircraft. Auto or Watercraft in Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I — Coverages is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) 50 feet long or leas; and (b) Not being used to carry persons or property for a charge; 2. This Article D. applies to any person who, with your expressed or implied consent, either uses or is responsible for the use of the watercraft. 3. This insurance provided by this Article D. shall be excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. E. PERSONAL AND ADVERTISING INJURY —ASSUMED BY INSURED CONTRACT 1. Exclusion e. Contractual Liability in Part 2., Exclusions of Coverage B. Personal And Advertising Injury Liability of Section I — Coverages is deleted in its entirety and replaced by the following: Form XI 4361208 ® 2008, XL America, Inc. Page 3 of 8 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 54714315 120/21 01/AU/WC/U449 1 Amanda Pyle 11/14/2021 4:15:14 PM (PST) I Page 4 of 20 [This insurance does not apply to:) e. Contractual Liability "Personal and Advertising Injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: 1. That the insured would have In the absence of the contract or agreement; or 2. Assumed in a written contract or agreement that is an "insured contract"; provided the "personal and advertising injury" is caused by an offense which occurs subsequent to the execution of the contractor agreement, 2. Subparagraph f. of the definition of "insured contract" Section V.- Definitions is deleted in Its entirety and replaced by the following: f. That part of any other contract or agreement pertaining to your business, including an indemnification of a municipality in connection for work performed for a municipality, under which you assume the tort liability of anther party to pay for "bodily Injury", "property damage" or "personal and advertising injury" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. 2. This Article E. does not apply If Coverage B. Personal And Advertising Injury Liability is excluded by endorsement. F. INCREASED SUPPLEMENTARY PAYMENTS Subparagraphs 1. b. and d. of Supplementary Payments — Coverages A And B of Section I - Coverages are amended as follows: 1. In Subparagraph b., the amount we will pay for the cost of bail bonds is increased up to $5,000. 2. In Subparagraph d., the amount we will pay for a loss of eamings is increased up to $1,000 a day. G. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declarations is as follows: The person or organizations named in Item 1. of the Declarations and any organization, other than a partnership or joint venture, over which you maintain ownership or majority interest on the effective date of the policy. However, coverage for any such organization will cease as of the date that you no longer maintain ownership of, or majority interest in, such organization, 2. This Article G. does not apply to any person or organization for which coverage is excluded by endorsement. Form XIL 4361208 © 2008, XL America, Inc. Page 4 of 8 Includes copyrighted materiel of Insurance Services Office, Inc., with Its permission. 59414314 120/21 GL/AU/WC/UMP I Amanda Pyle 11/14/2021 4:15:19 PM (PST) I Page 5 of 24 H. BLANKET ADDITIONAL INSURED — MANAGERS OR LESSORS OF PREMISES 1. Section II -Who Is An Insured is amended to Include as an insured any person or organization with whom you have agreed In a written contract executed prior to loss (an "additional insured"), but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the "additional insured" shall be the limits you agreed 10 provide, or the limits shown on the Declarations, whichever is less. b. The insurance afforded 10 the "additional insured" does not apply to: (1) Any "occurrence" that takes place after you cease to be a tenant in that premises; (2) Any premises for which coverage is excluded by endorsement; or (3) Structural alterations, new construction or demolition operations performed by or on behalf of such "additional insured°. 2. The insurance afforded to the "additional insured" Is excess over any valid and collectible insurance available to such "additional insured", unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. I. BLANKET ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT 1. Section II -Who Is An Insured is amended to Include an "additional insured" (as defined in Article H. above), but only with respect to their liability arising out of maintenance, operation or use by you of equipment leased to you by such "additional insured", subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the "additional insured" shall be the limits which you agreed 10 provide, or the limits shown on the Declarations, whichever is less. b. The insurance afforded to the "additional insured" does not apply to: (1) Any "occurrence" that takes place after the equipment lease expires; or (2) "Bodily injury" or "property damage" arising out of the sole negligence of such additional Insured. 2. The insurance provided to the "additional insured" Is excess over any valid and collectible insurance available to such "additional insured", unless you have a written contract for this insurance to apply on a primary or contributory basis. J. INJURY TO CO -EMPLOYEES AND CO -VOLUNTEER WORKERS 1. Section II- Who Is An Insured is amended to include your "employees' as Insureds with respect to 'bodily injury' to a co -"employee" in the course of the co -employee's" employment by you, or to your "volunteer workers" while performing duties related to the conduct of your business, provided that this coverage for your "employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. Form XIL 4361208 (9 2008, XL America, Inc. Page 5 of 8 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. 59/19311 1 20/21 GL/AU/WC/UM6 I Amanda Pyle 11/14/2021 4)15:19 (PS6) I Page 6 of 20 2. Section II — Who Is An Insured Is amended to include your "volunteer workers" as insureds with respect to "bodily injury" to a co -volunteer worker" while performing duties related to the conduct of your business, or to your "employees" employment by you, provided that this coverage for your "volunteer workers" does not apply while performing duties unrelated to the conduct of your business. K. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE The following Is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit of the Section IV - Commercial General Liability Conditions: Notice of an "occurrence" or of an offense which may result in a claim under this Insurance shall be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to any insured listed under Paragraph 1. of Section II -Who Is An Insured or any "employee° (such as insurance, loss control, risk manager or administrator) designated by you to give such notice. Knowledge of any other "employee(s)" of an "occurrence" or of an offense does not imply that you also have such knowledge. Notice shall be deemed prompt if given In good faith as soon as practicable to your workers compensation insurer. This applies only if you subsequently give notice to us as soon as practicable after any insured listed under Paragraph 1. of Section II —Who Is An Insured or an "employee" (such as an insurance, loss control, or risk manager or administrator) designated by you to give such notice discovers that the "occurrence", offense or claim may Involve this policy. L. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Representations, of Section IV- Commercial General Liability Conditions: The unintentional omission of, or unintentional error In, any information provided by you shall not prejudice your rights under this insurance. However, this Article L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state Insurance laws or regulations. M. LIBERALIZATION The following is added to Section IV -Commercial General Liability Conditions: Liberalization After the issuance of this policy, if we adopt a change in our forms or rules which would broaden the coverage provided by any form that Is a part of this policy without a premium charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. Form XIL 4361208 ® 2008, XL America, Inc. Page 6 of 8 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. 59714317 120/21 GL/AU/WC/UMB I Amanda Pyle 11/11/2021 4:15.10 PM (PST) I Page 7 of 20 N. BLANKET WAIVER OF SUBROGATION The following is added to Section IV -Commercial General Liability Conditions: Waiver of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. O. INCIDENTAL MEDICAL MALPRACTICE INJURY 1. For Insurance applicable to this Article O, the definition of "bodily Injury" in Section V - Definitions is amended to include, °Incidental Medical Malpractice Injury'. 2. The following definition is added to Section V- Definitions: "Incidental medical malpractice injury" means "bodily Injury", mental anguish, sickness or disease sustained by a person, including death resulting from any of these at any time, arising out of the rendering of, or failure to render, the following services: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; b. The fumishing or dispensing of drugs or medical, dental or surgical supplies or appliances: c. First aid; or d. "Goad Samaritan Services'. As used In this Article O., Good Samaritan Services" are those medical services rendered or provided in an emergency and for which no remuneration is demanded or received. 3. Paragraph 2.a.(1)(d) of Section II -Who Is An Insured does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in Paragraph 2. above and while acting within the scope of their employment by you. Any 'employees" rendering "Good Samaritan Services" will be deemed to be acting within the scope of their employment by you. 4. The following exclusion is added to Paragraph 2. Exclusions of Coverage A. — Bodily Injury And Property Damage Liability of Section I — Coverages: [This insurance does not apply to:) Willful Violation of Penal Statute Liability arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals by or with the knowledge or consent of the insured. 5. For the purposes of determining the applicable Limits of Insurance, any act or omission, together with all related acts or omissions in the fumishing of services described in Paragraph 2.a. through 2.d. above to any one person, will be considered one °occurrence". 6. This Article O. does not apply if you are in the business or occupation of providing any of the services described in Paragraph 2. above. Form XIL 4361208 ® 2008, XL America, Inc. Page 7 of 8 Includes copyrighted material of Insurance Services Mee, Inc., with its permission. 5971431/ 120/21 GL/AU/WC/UMB I Amanda Pyle 11/14/2021 4:15:19 PM (PST) I Pale S of 20 7. The insurance provided by this Article O. shall be excess over any other valid and collectible Insurance available to the Insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you 10 be excess of this policy. P. EXTENSION OF COVERAGE— BODILY INJURY The definition of "bodily injury" Section V- Definitions is deleted in Its entirety and replaced by the following: 3. "Bodily Injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, Including death resulting from any of these a1 any time. Q. COVERAGE TERRITORY The definition of "coverage territory" Section V- Definitions is deleted in its entirety and replaced by the following: 4. "Coverage tenitory" means anywhere in the world. This insurance does not apply to: a. "bodily Injury" or 'property damage" that takes place; or b. "personal and advertising Injury" caused by an offense committed outside the United States of America (including Its possessions and territories), Canada and Puerto Rico, unless a "suit" on the merits (to determine the insured's responsibility to pay damages to which this insurance applies) is brought in the United States of America (including its possessions and territories), Canada or Puerto Rico. This insurance does not apply to damage, loss, cost or expenses in connection with any "suit° brought outside the United States of America (including its possessions and territories), Canada or Puerto Rico. Form XIL 4361208 ® 2008, XL America, Inc. Page 8 of 8 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. 50714317 120/21 1L/AU/WC/OMB I Amanda Pyle 11/14/2021 4:15110 PM (PST) I Page 9 of 20 Eagle Paving Company, Inc. dba: Toro Engineering POLICY NUMBER; NPC100392000 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 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) Blanket as required by written contract. LocatIon(s) Of Covered One Bons Blanket as required by written contract. Information re uired to complete this Schedule, If not shown above, will be shown in the Declarations. A. 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", "property damage" or "personal and advertising Injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional Insured(s) at the locatIon(s) designated above. However 1. The Insurance afforded to such additional insured only applies to the extent permitted by law; and 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. B. With respect to the insurance afforded to these additional Insureds, the following additional exclusions apply: This Insurance does not apply to "badly injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance ar repairs) to be performed by or on behalf of the additional Insured(s) at the location of the covered operations has been completed; or 2. That portion of ''your work° out of which the Injury or damage arises has been put to Its intended use by any person ar organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. CG 20101219 © Insurance Services Office, Inc., 2018 Page 1 of 2 59714317 1 20/21 ././01C/019B 1 Amanda Pyle1 1/14/3051 4,15:19 9M IPST) I Page 10 42 20 C. With respect to the Insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured Is required by a contract or agreement, the most we will pay on behalf of the additional Insured Is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of Insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20101219 59,14317 120/21 Gfl/AU/WC/OMB I Amanda Pyle 11/14/2021 4:15:19 PM (PST) I Page 11 of 20 Eagle Paving Company, Inc. dba:Toro Engineering NPC100392000 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 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) Blanket as re e n contract. Location And Descripllon Of Completed Operations Blanket as required by written contract. Information required to complete this Schedule, if not A. Section 1I — Who Is An Insured is amended to include as an addltlonel insured the person(s) or organizations) shown In the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by 'your work" at the location designated and described In the Schedule of this endorsement performed for that additional Insured and included in the "products -completed operations hazard", However. 1. The insurance afforded to such additional insured only applies to the extent permitted by taw; and 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. own above, vfill be shown in the Declarations. CG 20 37 12 19 8 Insurance Service B. WIt respect to the Insurance afforded tp these additional Insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional Insured Is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limns of Insurance; whichever is less. This endorsement shall not Increase the applicable limits of insurance. Office, Inc., 2018 Page 1 of 1 50719217 120/21 GL/AU/WC/UMP I Amanda Pyle 11/19/2021 9)15:19 PM (PST) I Page 12 of 20 Eagle Paving Company, Inc. dba: Toro Engineering NPC100392000 COMMERCIAL GENERAL LIABILITY CG20011219 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 LIQUOR 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 your 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. CG 20 01 12 19 © Insurance Services Office, Inc., 2018 59714317 120/21 GL/A11/WC/OM4 I Amanda Pyle 11/14/2021 4:15.10 PM (PST) I Page 13 of 20 Page 1 of 1 Eagle Paving Company, Inc. dba: Toro Engineering. POLICY NUMBER: NBA100391900 XIC 421 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XL PLUS BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM COVERAGE DESCRIPTION A. Temporary Substitute Auto Physical Damage B. Who Is An Insured 1. Broad Form Insured 2. Employees As Insureds 3. Additional Insured By Contract, Agreement or Permit 4. Employee Hired Autos C. Supplementary Payments D. Amended Fellow Employee Exclusion E. Physical Damage Coverage 1. Rental Reimbursement 2. Extra Expense — Broadened Coverage 3. Personal Effects Coverage 4. Lease Gap 5. Glass Repair— Waiver Of Deductible F. Physical Damage Coverage Extensions 1. Additional Transportation Expense 2. Hired Auto Physical Damage G. Business Auto Conditions 1. Notice Of Occurrence 2. Waiver Of Subrogation 3. Unintentional Failure To Disclose Hazards 4. Primary Insurance H. Bodily Injury Redefined I. Extended Cancellation Condition XIC 421 1013 ® 2013 X.L. America, Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of insurance Services Office, Inc., with its permission. Page 1 of 6 50414311 120/21 GL/AO/WC/C[.ffi I Amanda Pyle 11/14/2021 4:15:11 PM (PST) 1 Page 14 of 20 A. Temporary Substitute Auto Physical Damage SECTION I — COVERED AUTOS, C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos is changed by adding the following: If Physical Damage coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Physical Damage coverage: 1. Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction, B. Who Is An Insured SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is changed by adding the following: 1. Broad Form Insured For any covered "auto", any subsidiary, affiliate or organization, other than a partnership or joint venture, as may now exist or hereafter be constituted over which you assume active management or maintain ownership or majority interest, provided that you notify us within ninety (90) days from the date that any such subsidiary or affiliate is acquired or formed and that there is no similar insurance available to that organization. However, coverage does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. Employees As Insureds Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow. in your business or your personal affairs. 3. Additional Insured By Contract, Agreement Or Permit Any person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is provided under this policy, provided that the "bodily injury" or "property damage" occurs subsequent to the execution of the written contract, agreement or permit. 4. Employee Hired Autos An "employee" of yours is an "Insured" while operating an "auto' hired or rented under a contract or agreement in that 'employee's" name, with your permission, while performing duties related to the conduct of your business. XIC 421 1013 ® 2013 X.L. America, Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 6 50714317 120/21 GL/AO/WC/GMB I Amanda Pyle 11/14/2021 4:15(19 PM (PST) I Page 15 of 20 SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 6. Other Insurance, b. is replaced with the following: b. 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 by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. Supplementary Payments SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments is changed as follows: Item (2) is deleted and replaced by the following: (2) Up to $3,500 for cost of ball bonds (including bonds for related traffic law violations) required because of an "accident' we cover. We do not have to fumish these bonds. Item (4) is deleted and replaced by the following: (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. D. Amended Fellow Employee Exclusion SECTION 1I —COVERED AUTOS LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee does not apply. The insurance provided under this Provision D. Is excess over any other collectible insurance. E. Physical Damage Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage is changed by adding the following: 1. Rental Reimbursement a. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto°. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto°. No deductibles apply to this coverage. b. We will pay only for those expenses incurred during the policy period beginning twenty-four (24) tours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: XIC 421 1013 ® 2013 X.L. America, Inc. All Rights Reserved. Page 3 of 6 May not be copied without permission. includes copyrighted material of Insurance Services Office, Inc., with its permission. 50714317 120/21 GL/AU/WC/UMH I Amanda Pyle 11/14/2021 4.15:19 PM (PST) I Page 16 of 20 (1) The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days Is added to the number of days it takes to locate the covered "auto" and retum it to you. (2) Thirty (30) days. c. Our payment Is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred, (2) $50 any one day per private passenger "auto"; $100 any one day per truck; $1,500 any one period per private passenger°auto"; $3,000 any one period per truck; or Higher limits if shown elsewhere in this policy. d. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which Is not already provided for under the Physical Damage Coverage Extension. 2. Extra Expense — Broadened Coverage We will pay for the expense of returning a stolen covered "auto° to you. 3. Personal Effects Coverage If you have purchased Comprehensive Coverage on this policy for an "auto' you own and that"auto° is stolen, we will pay, without application of a deductible, up to $500 for "personal effects" stolen from the "auto". As used in this endorsement, "personal effects° means tangible property that Is wom or carried by an "insured'. "Personal effects" does not include tools, jewelry, money or securities. 4. Lease Gap In the event of a total "loss" to a covered "auto" shown in the Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: XIC 421 1013 a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease/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 retumed by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchases with the loan or lease; and (6) Carry-over balances from previous loans or leases. C 2013 X.L. America, Inca All Rights Reserved. Page 4 of S May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 50714317 120/21 GL/Ati/WC/UMB I Amanda Pyle 11/14/2021 4,15:19 PM (PST) I Page 17 of 20 6. Glass Repair — Waiver Of Deductible No deductible applies to glass damage if the glass Is repaired rather than replaced. F. Physical Damage Coverage Extensions SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by the following: 1. Additional Transportation Expense Sections a. and b. are amended to provide a limit of $50 per day and a maximum limit of $1,000. 2. Hired Auto Physical Damage The following section is added: Any "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" for physical damage coverage. The most we will pay for each covered "auto° Is the lesser of: (1) the actual cash value; (2) the cost for repair or replacement; or (3) $50,000, or higher limit if shown on the Declarations for Hired Auto Physical Damage Coverage. For each covered "auto" a deductible of $100 for Comprehensive Coverage and $1,000 for Collision Coverage will apply. G. Business Auto Conditions SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions is changed by the following: 1. Notice Of Occurrence Section 2. — Duties In The Event Of Accident, Claim, Suit Or, Loss, a. is changed by adding the following: If you report an injury to an "employee" to your workers' compensation carrier and if it is subsequently determined that the Injury Is one to which this Insurance may apply, any failure to comply with this condition will be waived if you provide us wih the required notice as soon thereafter as practicable after you know or reasonably should have known that this insurance may apply. 2. Waiver Of Subrogation Section 5. Transfer Of Rights Of Recovery Against Others To Us Is changed by adding the following: However, this Condition does net apply to any person(s) or organizations) with whom you have a written contract, but only to the extent that subrogation is waived prior to the "accident" or the "loss° under such contract with that person or organization. XIC 421 1013 © 2013 X.L. America, Inc. All Rights Reserved. Page 5 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 59714317 120/21 41/AO/WC/UMB I Amanda Pyle 11/14/2021 4:15:19 PM 1PST7 1 Page 19 of 20 SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions is changed by the following: 3. Unintentional Failure To Disclose Hazards The following condition is added: Your unintentional failure to disclose all hazards as of the inception date of the policy shall not prejudice any insured with respect to the coverage afforded by this policy. 4. Primary Insurance Condition 5. Other Insurance is changed by adding the following: For any covered "auto" this insurance shall apply as primary and not contribute with any other insurance where such requirement is agreed in a written contract executed prior to a "loss". H. Bodily Injury Redefined SECTION V — DEFINITIONS, C. "Bodily injury" is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. I. Extended Cancellation Condition COMMON POLICY CONDITIONS (Form IL 0017), A. Cancellation, 2.b. is replaced by the following: The greater of sixty (60) days or the time required by any applicable state amendatory endorsement before the effective date of cancellation if we cancel for any other reason. All other terms and conditions of this policy remain unchanged. XIC 421 1013 9 2013 X.L. America, Inc. All Rights Reserved. Page 6 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. 59,14317 1 20/21 CL/AU/WC/uma I Amanda Pyle 11/14/2021 4[15[19 PM (PST) ] Page 19 of 20 W(DRKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 3% of the total California Workers' Compensation premium otherwise due. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHOM THIS WAIVER IS REQUIRED. ALL CALIFORNIA OPERATIONS. Policy Number:WSD505017501 Endorsement Effective: 9/1/2020 Issue Date: 01/14/2021 Insured:Eagle Paving Company, Inc. dba: Toro Engineering Coverage Provided by: Insurance Company of the West Countersigned by: WC 99 06 34 0,71c'i;.%'16200/9) cL/AU/WC/IIM4 I Amanda Pyle 1 1/14/2021 9:15:19 PM (PST) gage 2a er 20 City of National City BUSINESS TAX CERTIFICATE "For Services Provided in National City, California Only" Business Name EAGLE PAVING COMPANY INC Business Location 12700 STOWE DR STE 200 POWAY, CA 92064-8868 Business Owner(s) JOEL (PRES/CEO) BATULE ADMIN@EAGLEPAVING.US EAGLE PAVING COMPANY INC 13915 DANIELSON ST STE 201 POWAY, CA 92064-8884 THIS BUSINESS TAX CERTIFICATE DOES NOT PERMIT A BUSINESS THAT IS OTHERWISE PROHIBITED. -• aALlPONNIA NATIONAL an Business Type Account Number Effective Date Expiration Date 2021 TO BE POSTED IN A CONSPICUOUS PLACE AND NOT TRANSFERABLE OR ASSIGNABLE Contractor - Sub (Based Out Of City) 09012859 January 01, 2021 December 31, 2021 City Manager NOTE: IT IS YOUR OBLIGATION TO RENEW THIS CERTIFICATE WHETHER OR NOT YOU RECEIVE A RENEWAL NOTICE For all inquiries regarding this certificate, contact HdL Business Tax Support Center at (619) 382-2596. EAGLE PAVING COMPANY INC Thank you for your payment on your National City Business Tax Certificate. ALL CERTIFICATES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST. If you have questions concerning your business license, contact the Business Support Center via email at: NationalCity@HdLgov.com or by telephone at: (619) 382-2596 Keep this portion for your license separate in case you need a replacement for any lost, stolen, or destroyed license. A fee may be charged for a replacement or duplicate certificate. This certificate does not entitle the holder to conduct business before complying with all requirements of the National City Municipal code and other applicable laws, nor to conduct business in a zone where conducting such business violates law. If you have a fixed place of business within the National City, please display the Business Tax Certificate below in a conspicuous place at he premises. Otherwise, every Business Tax Certificate holder not having a fixed place of business in the City shall keep the Business Tax Certificate upon his or her person, or affixed in plain view any cart, vehicle, van or other movable structure or device at all times if required by the Collector. Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender -based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ •— CaLtrOCUA •• NATI0NAL Ci 1. �.l3DI �. %RCOM/tlIfYT� BUSINESS TAX CENTER 8839 N CEDAR AVE #212 ADMIN@EAGLEPAVING.US EAGLE PAVING COMPANY INC 13915 DANIELSON ST STE 201 POWAY, CA 92064-8884 S U P P O CI; F1 City of National City BUSINESS TAX CERTIFICATE Account Number: 09012859 Date of Issue: 01/01/2021 Form W-9 (Rev. October 2018) Department of the Treasury Interne Revenue Service Request for Taxpayer Identification Number and Certification ► Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. Print or type. See Specific Instructions on page 3. 1 Name (as shown on your Income tax return). Name is required on this line; do not leave this line blank. Eagle Paving Company, Inc. 2 Business name/disregarded entity name, If different from above 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1, Check following seven boxes. ❑ Individual/sole proprietor or ❑ C Corporation E S Corporation ❑ Partnership single -member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, 4=5 corporation, P=Pednershlp) Note: Check the appropriate box In the line above for the tax classification of the single -member owner. LLG If the LLC Is classified as a single -member LLC that is disregarded from the owner unless the owner another LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single Is disregarded from the owner should check the appropriate box for the tax classification of Its owner. ❑ Other (see Instructions)► only one of the ❑ Trust/estate ► 4 Exemptions certain entities, Instructions Exempt payee Exemption code (lf any) Orpt•s to accountsmlt0. (codes apply only to not individuals; see on page 3): code (if any) from FATCA reporting Do not check of the LLC Is -member LLC that mita. the 33u 5 Address (number, street, and apt. or suite no.) See Instructions. 13915 Danielson Street, Suite 201 Requester's name nd address (optional) 5 City, state, and ZIP code Poway, CA 92064 7 List account number(s) here (optional( axpayer Identification Number (TIN) Enter your TIN In the appropriate box, The TIN provided must match the name given on Ilne 1 to avoid backup withholding, For Individuals, this Is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Instructions for Part I, later. For other entities, It is your employer Identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number or I Employer identification number 1 4 1 9 6 4 4 9 9 Part. II Certification Under penalties of perjury, I certify that: 1, The number shown on this farm is my correct taxpayer identification number (or I am wafting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) Indicating that I am exempt from FATCA repotting is correct, Certification instructions. You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions for Part II, later. Sign Here Uign.S. Sature afa �t person �1 General Instructions Section references are to the Internal Revenue Code unless otherwise noted, Future developments. For the latest information about developments related to Form W-9 and its instructions, such es legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An Individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (FIN) which may be your social security number (SSN), individual taxpayer Identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an Information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) i/ Ivi 1'-- -4.) P V Date' i I ['} ) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-5 (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 109E-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (Including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What Is backup withholding, later. Cat. No, 10231 X Form W-9 (Rev. 10-2013) PERFORMANCE BOND EXECUTED IN TRIPLICATE BOND NO. 024248375 PREMIUM: $11,680.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE WHEREAS, the City Council of the City of National City, by Resolution No. 2020- , on the 2"d day of February, 2021, has awarded Eagle Paving Company, Inc., hereinafter designated as the "Principal', the SWEETWATER ROAD SAFETY ENHANCEMENTS, CIP NO. 19-12. 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 THE OHIO CASUALTY INSURANCE COMPANY as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Million, Eighty Six Thousand, Nine Hundred Eleven ($1,086,911.001 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 the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. 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 herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 15TH day of JANUARY , 20 21 . THE OHIO CASUALTY EAGLE PAVING COMPANY INC. INSURANCE COMPANY (SEAL) DBA \ RO ENGINEERING (SEAL) / a 0 • dA63--(SEAL) irgi1k) (SEAL) MARK D. IATAROLA, ATTORNEY -IN -FACT (SEAL) JOEL BATULE, PRESIDENT (SEAL) Surety Principal PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ss COUNTY OF On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 DIEGO On 1/15/2021 Date I TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s) of Signer(s) before me, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/a-Fe-subscribed to the within instrument and acknowledged to me that he/shc/they executed the same in his/hcrlthcir authorized capacity(ies), and that by his/hcr/thcir signatures) on the instrument the person(, or the entity upon behalf of which the person(&) acted, executed the instrument. ^I'^TRACY LYNN RODRIGUEZ1 COMM. # 2318838 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIA MY COMMISSION EXPIRES "' JANUARY 11, 2024 r Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature blic 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: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual Ig Attorney in Fact ❑ Trustee 0 Guardian of Conservator 0 Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General D Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator o Other: Signer is Representing: ©2017 National Notary Association Liberty Mutual® SURETY 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. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation 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 (heroin collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Helen Maloney; Jessica Schmal; John G. Maloney; Mark D. Iatarola; Sandra Figueroa; Tracy Lynn Rodriguez Certificate No: 8204105-024100 all of the city of Escondido state of CA 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 7th day of August , 2020 By: State of PENNSYLVANIA County of MONTGOMERY ss On this 7th day of August , 2020 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of 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 instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company David M. Carey, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA Notarial Seal �] Teresa Paulette, Notary Public /.// Upper MerlonTwp., Montgomery County By: My Commission Expires March 28, 2021 eresa Paslella, Notary Public Member, PennsylvenixAesoolallon of Solerles This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: 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 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, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fad, subject to the limitations set forth in their 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. 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 representafive or attorney -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. 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, 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, 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 respective powers of attorney, shall have full power to bind he Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. 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 attomeys-in- fact 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, Renee C. Llewellyn, the undersigned, Assistant Secretary, 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, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 15TH day of JANUARY , 2021 . By. Renee C. Llewellyn, Assistant Secretary LIVE-12873 LMIC OCIC WAIC Multi Co 12/19 EXECUTED IN TRIPLICATE BOND NO. 024248375 PREMIUM INCLUDED IN PERFORMANCE BOND PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2020- , on the 2"d day of February, 2021, has awarded Eagle Paving Company, Inc., hereinafter designated as the "Principal", the SWEETWATER ROAD SAFETY ENHANCEMENTS, CIP NO. 19-12. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and THE OHIO CASUALTY INSURANCE COMPANY as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Million, Eighty Six Thousand, Nine Hundred Eleven j$1,086,911.001 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/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 15TH day of JANUARY , 20 21 . THE OHIO CASUALTY EAGLE PAVING COMPANY INC. INSURANCE COMPANY (SEAL) DBA TORO ENGINEERING (SEAL) i (SEAL) •—__ M: (A_ (SEAL) MARK D. IATAROLA, ATTORNEY -IN -FACT (SEAL) JOEL BATULE, PRESIDENT (SEAL) Surety Principal STATE OF COUNTY OF ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY ss On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: ATTACH ALL BONDS CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 DIEGO } On 1/15/2021 TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s) of Signer(s) Date before me, who proved to me on the basis of satisfactory evidence to be the person(e) whose name(&) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hcr/thcir authorized capacity(ies), and that by his/hcr/them signature(e) on the instrument the person(&), or the entity upon behalf of which the person(&) acted, executed the instrument. TRACY LYNN RODRIGUEZ COMM. # 2318838 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIA MY COMMISSION EXPIRES ' JANUARY 11, 2024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature I tab Signblic 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: MARK D. IATAROLA D Corporate Officer — Title(s): ❑ Partner — 0 Limited ❑ General ❑ Individual RI Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited ❑ General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association Liberty Mutual® SURETY 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. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No. 8204105-024100 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation 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, Helen Maloney; Jessica Schmal; John G. Maloney; Mark D. tatarota; Sandra Figueroa; Tracy Lynn Rodriguez all of the city of Escondido state of CA 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 7th day of August , 2020 . By: State of PENNSYLVANIA County of MONTGOMERY ss On this 7th day of August , 2020 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of 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 instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company David M. Carey, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA 111��, �./t, ®��' aoprialontgSeal &'' \ :W� I& Tease P sl Ila, NM, Public A! Uppermmissi nEx Expires March 2County By: My Commission Expiros March 28, 2921 Member. Penny nia Association.N .Ns eresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: 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 subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, 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 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. 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 -in -fad 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. 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, 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, 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 respective 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 so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, ailing pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact 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, Renee C. Llewellyn, the undersigned, Assistant Secretary, 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, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 15TH day of JANTJARY , 2021 . By: Renee C. Llewellyn, Assistant Secretary LMS-12e73 WIC OCIC WAIC Multi Co_12I19