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HomeMy WebLinkAboutWhillock Contracting Inc. Paradise Creek Park Site Remediation and Improvements, CIP No. 18-07 - 2018OWNER - CONTRACTOR AGREEMENT PARADISE CREEK PARK SITE REMEDIATION AND IMPROVEMENTS, CIP NO. 18-07 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Whillock Contracting, Inc. ("Contractor"), P.O. Box 2322, La Mesa, CA 91943 on the 16th day of October, 2018, 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: "I 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. r 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. I have read and understood all of the provisions above: (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. M. or, City of National City Attest: City Clerk, City of Nional City Contractor: (Owner/Officer signature) Mork- V Wn‘ k ICc - 2Sic)^ct Print name and title (Second officer signature if aporation) -Tory M Wh��l(�ck-c►ry Print nbme and title (0©19 Contractor's City Business License No. 512211 AhiC,C2.1,CZZ,064 Cel`f. State Contractor's License No. and Class Business street address CA 9\943 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) Bid Results for Project Paradise Creek Park Site Remediation and Improvements (CIP No. 18-07) Item No. Description Unit Qty. Whillock Contracting, Inc Base Bid - General 1 Mobilization LS 1 $168,217.00 $168,217.00 2 Traffic Control LS 1 $52,942.00 $52,942.00 3 Construction Surveying LS 1 $63,236.00 $63,236.00 4 Water Pollution Control LS 1 $48,206.00 $48,206.00 5 Utility Coordination LS 1 $1,500.00 $1,500.00 6 Construction Schedule LS 1 $5,750.00 $5,750.00 Subtotal $339,851.00 Base Bid - Grading 7 Clearing and Grubbing LS 1 $58,890.00 $58,890.00 8 Excavation and Grading LS 1 $199,169.00 $199,169.00 9 Unclassified Fill (Import) CY 27000 $17.35 $468,450.00 10 Impacted Soil Handling (Onsite) CY 3000 $3.80 $11,400.00 11 Impacted Soil Handling (Export) TO N 9766 $81.50 $795,929.00 12 Contaminated Soil Handling (Export) TON 6116 $233.25 $1,426,557.00 13 Retaining Wall (Single Tier) - 6"x6" wire mesh, 6 gauge SF 5290 $50.00 $ 264, 500.00 14 Retaining Wall (Double Tier) - 6"x6" wire mesh, 6 gauge SF 750 $30.00 $22,500.00 Subtotal $3,247,395.00 Base -Bid - Surface Improvements 15 Temporary Construction Fencing w/windscreen LF 2000 $4.00 $8,000.00 16 Temporary Pedestrian Access SF 2000 $4.29 $8,580.00 17 6" PCC Curb & Gutter LF 1300 $31.50 $40,950.00 18 PCC Cross Gutter SF 700 $16.65 $11,655.00 19 4" PCC Sidewalk (SDRSD G-7) SF 6500 $7.35 $47,775.00 20 PCC Driveway (SDRSD G-14A) SF 850 $7.00 $5,950.00 21 Pedestrian Ramp EA 6 $1, 575.00 $9,450.00 22 Pavement Restoration SF 1600 $8.40 $13,440.00 23 AC Paving TO N 635 $97.00 $ 61, 595.00 24 Aggregate Base TON 1478 $37.00 $54,686.00 25 2" AC Overlay incl. Edge & Header Grinds SF 15946 $2.00 $31,892.00 26 Street Centerline Monument EA 3 $1,200.00 $3,600.00 Bid Results for Project Paradise Creek Park Site Remediation and Improvements (CIP No. 18-07) Item No. Description Unit Qty. Whillock Contracting, Inc Subtotal $297,573.00 Base -Bid - Drainage & Utility Facilities 27 12" PVC Storm Drain (SDR 35) LF 163 $110.00 $17,930.00 28 18" RCP Storm Drain (1350-D) LF 514 $110.00 $56,540.00 29 Type B Curb Inlet (L=5') EA 4 $7,153.00 $28,612.00 30 Type A-4 Cleanout EA 1 $5,930.00 $5,930.00 31 Type G-1 Catch Basin EA 2 $4,439.00 $8,878.00 32 Outlet Structure EA 1 $3,805.00 $3,805.00 33 Straight Headwall EA 4 $2,205.00 $8,820.00 34 Wing Headwall EA 0 $10,000.00 $0.00 35 Rip Rap Energy Dissipator (Type 2, #2 Backing, 5'x10', T=1.0') CY 10 $329.00 $3,290.00 36 Concrete Energy Dissipator (SDRSD D-41) EA 1 $25,100.00 $25,100.00 37 Cutoff Walls EA 2 $3,293.00 $6,586.00 38 Water Quality Basin SF 4840 $11.10 $53,724.00 39 Abandon Exist. SMH EA 3 $3,635.00 $10,905.00 40 Abandon Exist. Sewer Main LF 600 $38.00 $22,800.00 41 8" PVC Sewer Main LF 607 $66.00 $40,062.00 42 Sewer Manhole EA 3 $12,879.00 $38,637.00 43 Reconnect Exist. Sewer Lateral w/CO LF 400 $27.00 $10,800.00 Subtotal $342,419.00 Base Bid - Other Improvements 44 Furnish and Install 2" PVC Conduit LF 1400 $32.39 $45,346.00 45 Furnish and Install Electrical for Lighting LF 1000 $4.83 $4,830.00 46 Furnish and Install #5 Pull Box EA 8 $617.00 $4,936.00 47 Furnish and Install 15 ft. Single Post Top Light Pole with Foundation and 118W LED Luminaire EA 6 $6,431.00 $38,586.00 48 Furnish and Install Fiber Optic Vault EA 2 $3,460.00 $6,920.00 49 Signing & Striping LS 1 $13,645.00 $13,645.00 50 2" Irrigation Service & Backflow Preventer EA 1 $6,952.00 $6,952.00 51 Electrical Service & Panel for Irrigation EA 1 $6,300.00 $6,300.00 52 Irrigation System LS 1 $225,750.00 $225,750.00 Bid Results for Project Paradise Creek Park Site Remediation and Improvements (CIP No. 18-07) Item No. Description Unit Qty. Whillock Contracting, Inc 53 Landscape Planting LS 1 $250,950.00 $250,950.00 54 Retaining Wall Steel Guardrail LF 125 $252.00 $31,500.00 55 Retaining Wall Steel Stake Post EA 30 $709.00 $21,270.00 56 Shade Structure Column and Footing EA 4 $6,668.00 $26,672.00 57 Maintenance/Plant Establishment Period (180 Days) LS 1 $9,450.00 $9,450.00 58 Field Orders LS 1 $25,000.00 $25,000.00 Subtotal $718,107.00 Additive Bid 59 Retaining Wall Steel Guardrail LF 1025 $258.00 $264,450.00 Subtotal $264,450.00 Alternate Bid 60 Pedestrian Protective Railing SDRSD M-24, Pipe Guardrail Post Type LF 1150 $174.50 $200,675.00 61 Precast Concrete Segmental Retaining Wall (Wall A and Wall B) SF 5685 $30.00 $170,550.00 62 Retaining Wall (Single Tier) - 3"x3" wire mesh, 9 gauge SF 5290 $52.00 $275,080.00 63 Retaining Wall (Double Tier) - 3"x3" wire mesh, 9 gauge SF 750 $28.50 $21,375.00 Subtotal $667,680.00 Total $5,877,475.00 Summary of Award Base Bid - General $339,851.00 Base Bid - Grading $3,247,395.00 Base -Bid - Surface Improvements $297,573.00 Base -Bid - Drainage & Utility Facilities $342,419.00 Base Bid - Other Improvements $718,107.00 Additive Bid - Retaining Wall Steel Guardrail ( Line Item 59) $264,450.00 Alternate Bids ( Line Items 60-63) $667,680.00 Bid Results for Project Paradise Creek Park Site Remediation and Improvements (CIP No. 18-07) Item No. Description Unit Qty. Whillock Contracting, Inc Eliminate Line Item 13 - Retaining Wall (Single Tier) - 6"x6" wire mesh, 6 gauge ($264,500.00) Eliminate Line Item 14 - Retaining Wall (Double Tier) - 6"x6" wire mesh, 6 gauge ($22,500.00) Eliminete Line Item 60 - Pedestrian Protective Railing SDRSD M-24, Pipe Guardrail Post Type (Line Item 60) ($200,675.00) Eliminete Line Item 61 - Precast Concrete Segmental Retaining Wall (Wall A and Wall B) (Line Item 61) ($170,550.00) $5,219,250.00 CORPORATE CERTIFICATE I, locy M. W' \\c - certify that I am the Secretary of the Corporation named as1VJC Contractor iinn,the foregoing Contract; that 1"\c�1'V . \\(y /`- , who signed said contract on behalf of the Contractor, was then S i akeft 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. 1, Tay M writleck_ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then ICf Oro y 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: Premium: $39,251.00 °/P/ Bond #: 106911154 PERFORMANCE BOND Issued in Three (3) Original Identical Counterparts WHEREAS, the Mayor of the City of National City, on the 16th day of October, 2018, has awarded to Whillock Contracting, Inc., hereinafter designated as the "Principal", the PARADISE CREEK PARK SITE REMEDIATION AND IMPROVEMENTS, CIP No. 18-07. 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 Travelers Casualty and Surety Company of America as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Five Million, Two Hundred Nineteen Thousand, Two Hundred Fifty ($5,219, 250.00) 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 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 2nd day of November 2018. Whillock Contracting, Inc. Tory M Whillo ecretary Surety (SEAL) (SEAL) (SEAL) Trave rety Company of America (SEAL) Jerry E Mosier, At .rney-in-Fact Principal (SEAL) (SEAL) TRAVELERSJ Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Jerry E. Mosier of LAKESIDE California , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. State of Connecticut By: City of Hartford ss. Robert L. Raney, Setr Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed 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 hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 iY\OJV..a.. CtiriLltatiki- Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 2nd day of November , 2018 C✓ Kevin E. Hughes, Assi tent Secretary To rtertQv the autltaentldty of this Power of Attorney, please call us at 1-800-421-3880. Please ielier to the above -named Atmrney-h-lw*and the details of the bond to whklh the power Is attsd►ed, PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) COUNTY OF ) ) ss On this day of , 2018, 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: 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 Diego ) On November 2, 2018 before me, Jessica James, Notary Public (insert name and title of the officer) personally appeared Tory M Whillock and Jerry E Mosier who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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. Signature re I (Seal) JESSICA JAMES 1 COMM. #2176633 z Notary Public • California o San Diego County Mir Comm. Expires Dec. 23420201 Premium included in Performance Bond PAYMENT BOND Bond #: 106911154 rr Issued in Three (3) Original Identical Counterparts WHEREAS, the Mayor of the City of National City, on the 16th day of October, 2018, has awarded to Whillock Contracting, Inc., hereinafter designated as the "Principal", the PARADISE CREEK PARK SITE REMEDIATION AND IMPROVEMENTS, CIP No. 18-07. 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 Travelers Casualty and Surety Company of America as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Five Million, Two Hundred Nineteen Thousand, Two Hundred Fifty ($5,219, 250.00) 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/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. 'r(4/ 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 2nd day of November , 2018. Whillock Contracting, Inc. Tory M Whillock, Secr ary Surety (SEAL) (SEAL) (SEAL) Company of America (SEAL) Jerry E Mosier, Atto ney-in-Fact Principal (SEAL) (SEAL) TRAVELERSJ Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Jerry E. Mosier of LAKESIDE California , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. State of Connecticut By: City of Hartford ss. Robert L. Raney, Se or Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed 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 hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 `(Y2OJVuR. C. '.1u* Mane C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 2nd day of November , 2018 a Kevin E. Hughes, Ass�cretary To verify the authenticity of this Plower of Attorney, please call us at 1-800-421 3880. Please nel(er to the above -named Attorner brFact and the details of the bond to whld► the power is attached ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ) ss COUNTY OF ) On this day of , 2018, 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 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 Diego On November 2, 2018 before me, Jessica James, Notary Public (insert name and title of the officer) personally appeared Tory M Whillock and Jerry E Mosier who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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. Signatures I)oM_ (Seal) JESSICA LAMES S COMM. *2176633 z Notary Public • California Q z C.._ yI San Diego County •' Comm. Ex. ices Dec. 23, 2020 KWHILLO-01 NPILIPOSYAN 4C RL CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDYIYY) 10/25/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Paramount Exclusive Insurance Services, Inc. 15760 Ventura Blvd. Suite 500 Encino, CA 91436 CONTACT NAME• (A/C, No, Ext): ONE (818) 986-7283 1 FAX No):(818)986-4949 E-MAIL INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: State Compensation Ins. Fund 035076 INSURED Whillock Contracting, Inc. P.O. Box 2322 La Mesa, CA 91943 INSURER B : _ INSURER C : INSURER D : INSURER E : INSURER F : VERAGE • • 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 SUBR Valli POLICY NUMBER POLICY EFF fMM/DOC(YYY) POLICY EXP ,,,i • •►AAA LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR PREMISES (TEa occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY 28f LOC PRODUCTS - COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY SINGLE LIMIT (Ea (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOSOONLY _ SCHEDULED AUTOS BODILYOINJURY (Per accident), $ AUTOS ONLY _ AUUTOS ONLY (Perr acEcident) DAMAGE $ $ UMBRELLA LIAB — OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED I RETENT ON $ $ A WRKERS COMPENSATION AND EMPLOYERS' LIABILITY X STATUTE OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN Y NIA X 9215172-2018 08/01/2018 08/01/2019 E.L. EACH ACCIDENT 1,000,000 $ OFFICE(MandatoM MBEs) EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,00U 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) Job #1537 — Paradise Creek Park Site Remediation & mprovements CIP No. 18-07 Waiver of Subrogation in favor of City of National City and its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd. National City, CA 91950 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 ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT AGREEMENT STATE COMPENSATION INSURANCE FUND HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME WAIVER OF SUBROGATION BLANKET BASIS EFFECTIVE AUGUST 1, 2018 AT 12.01 A.M. AND EXPIRING AUGUST 1, 2019 AT 12.01 A.M. WHILLOCK CONTRACTING, INC. AND/OR PO BOX 2322 LA MESA, CA 91943 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 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION REP 04 9215172-18 RENEWAL SC 3-04-98-82 PAGE 1 OF 1 NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: JULY 26, 2018 AUTHORIZED REPRESENTATIVE PRESIDENT AND CEO SCIF FORM 10217 (REV.7-2014) 2572 OLD DP 217 WHILCON-01 DONMO1 ACOI? oa CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDYYYY) 10/25/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OL48969 C3 Risk & Insurance Services 404 Camino Del Rio S. STE 410 San Diego, CA 92108 CONTACT Carrie Conejo PHONE HO" o. Ext 619 385-6229 135 FAX ) (A/C, No): carrie@c3insurance.com keDAass:carrie@c3insurance.com INSURER($) AFFORDING COVERAGE NAIC # INSURER A: Valley Forge Insurance Company 20508 INSURED Whillock Contracting, Inc. 340-348 FRONT STREET El Cajon, CA 92020 INSURER 8: Continental Insurance Company 35289 INSURERC: INSURER D : INSURER E : INSURER F : COVERAGES • • 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 SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X 6056914330 01/01/2018 01/01/2019 DAMAGE TO RENTED PREMISES (Ea occurrence) 1,000,000 $ X $5,000 PD/BI Ded MED EXP (Any one person) $ 15,000 PERSONAL 8, ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY X LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED 6056645486 01/01/2018 01/01/2019 A AUTOS ONLY AUTOS BODILY INJURY (Per accidenQ $ X PROPERTY DAMAGE X HIRES NON WNED ' X A AUTOS ONLY No Deductible _ AUTOS ONLY (Per accident) $ $ B X UMBRELLA LIAR X OCCUR EACH OCCURRENCE 5,000,000 -EXCESSLIAB----C-L.AIMS-MADE ----6056645505 01/01/2018 01/01/2019 $ AGGREGATE $ 5,000,000 DED X RETENTION $ 10,000 $ WORKERS COMPENSATION PER I OTH- AND EMPLOYERS' LIABILITY STATUTE L ER Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OqF�FICER/MEMBgEER EXCLUDED? N /A E.L EACH ACCIDENT $ (Mandatory In NH) If yes, describe under E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ D DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional insureds are included as/where required by written contract as respects to General Liability and Auto Liability. General Liability and Auto Liability include Waiver of subrogation; General Liability and Auto Liability Primary Non -Contributory wording included but limited to the operations of the Insured under said contract, and always subject to all the policy terms, conditions and exclusions per endorsements attached. Commercial Umbrella follows form according to the terms, conditions, and endorsements found in the policy. Re Job: Job #1537 — Paradise Creek Park Site Remediation & Improvements CIP No. 18-07 City of National City and its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers CERTIFICATE HOLDER City of National City 1243 National City Blvd. National City, CA 91950 CANCELLATION 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 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 20020000760503888076043 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Bodily Injury — Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability - Railroads 8. Electronic Data Liability 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury — Exception for Reasonable Force 11. General Aggregate Limits of Insurance — Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability — Damage To Premises / Alienated Premises / Property In The Named Insured's Care, Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non -owned Aircraft Coverage 19. Non -owned Watercraft 20. Personal And Advertising Injury — Discrimination or Humiliation 21. Personal And Advertising Injury - Contractual Liability 22. Property Damage - Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation — Blanket 26. Wrap -Up Extension: OCIP CCIP, or Consolidated (Wrap -Up) Insurance Programs CNA74705XX (1-15) Page 1 of 17 The Continental Insurance Co . Insured Name: WHILLOCK CONTRACTING, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Policy No: 6056914330 Endorsement No: 2 Effective Date: 01/01/2018 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with; (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The CNA74705XX (1-15) Policy No: 6056914330 Page 2 of 17 Endorsement No: 2 The Continental Insurance Co . Effective Date: 01/01/2018 Insured Name: WHILLOCK CONTRACTING, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 20020300760503888076044 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. E. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard, With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: CNA74705XX (1-15) Page 3 of 17 The Continental Insurance Co . Insured Name: WHILLOCK CONTRACTING, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Policy No: 6056914330 Endorsement No: 2 Effective Date: 01/01/2018 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insureds own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance, For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY — EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or CNA74705XX (1-15) Page 4 of 17 The Continental Insurance Co . Insured Name: WHILLOCK CONTRACTING, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Serv?ces office, Policy No: 6056914330 Endorsement No: 2 Effective Date: 01/01/2018 Inc., with its permission. 20020000760503888076045 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following: This insurance does not apply to: k. Damage to Your Product Property damage to your product arising out of it, or any part of it except when caused by or resulting from: (1) fire; (2) smoke; (3) collapse; or (4) explosion. I. Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products -completed operations hazard. This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or CNA74705XX (1-15) Page 5 of 17 The Continental Insurance Co . Insured Name: WHILLOCK CONTRACTING, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No: 6056914330 Endorsement No: 2 Effective Date: 01/01/2018 20020000760503888076046 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1) or (2) above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance, electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for CNA74705XX (1-15) Page 7 of 17 The Continental Insurance Co . Insured Name: WHILLOCK CONTRACTING, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No: 6056914330 Endorsement No: 2 Effective Date: 01/01/2018 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse; or (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product -completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY — RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is 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 to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY CNA74705XX (1-15) Policy No: 6056914330 Page 6 of 17 Endorsement No: 2 The Continental Insurance Co . Effective Date: 01/01/2018 Insured Name: WHILLOCK CONTRACTING, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All; 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. CNA74705XX (1-15) Page 8 of 17 The Continental Insurance Co . Insured Name: WHILLOCK CONTRACTING, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Policy No: 6056914330 Endorsement No: 2 Effective Date: 01/01/2018 20020000760503888076047 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud CNA74705XX (1-15) Policy No: 6056914330 Page 9 of 17 Endorsement No: 2 The Continental Insurance Co . Effective Date: 01/01/2018 Insured Name: WHILLOCK CONTRACTING, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and CNA74705XX (1-15) Policy No: 6056914330 Page 10 of 17 Endorsement No: 2 The Continental Insurance Co . Effective Date: 01/01/2018 Insured Name: WHILLOCK CONTRACTING, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 20020000760503888076048 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: CNA74705XX (1-15) Page 11 of 17 The Continental Insurance Co . Insured Name: WHILLOCK CONTRACTING, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Policy No: 6056914330 Endorsement No: 2 Effective Date: 01/01/2018 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products -completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. b. c. d. property at a job site awaiting or during such property's installation, fabrication, or erection; property that is mobile equipment leased by an Insured; property that is an auto, aircraft or watercraft; property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. CNA74705XX (1-15) Page 12 of 17 The Continental Insurance Co . Insured Name: WHILLOCK CONTRACTING, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No: 6056914330 Endorsement No: 2 Effective Date: 01/01/2018 20020000760503888076049 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C — Medical Payments for all medicalexpenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. CNA74705XX (1-15) Policy No: 6056914330 Page 13 of 17 Endorsement No: 2 The Continental Insurance Co . Effective Date: 01/01/2018 Insured Name: WHILLOCK CONTRACTING, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: CNA74705XX (1-15) Page 14 of 17 The Continental Insurance Co . Insured Name: WHILLOCK CONTRACTING, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No: 6056914330 Endorsement No: 2 Effective Date: 01/01/2018 20020000760503888076050 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE — ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. CNA74705XX (1-15) Page 15 of 17 The Continental Insurance Co . Insured Name: WHILLOCK CONTRACTING, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services office, Inc., with Its permission. Policy No: 6056914330 Endorsement No: 2 Effective Date: 01/01/2018 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim, 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor CNA74705XX (1-15) Policy No: 6056914330 Page 16 of 17 Endorsement No: 2 The Continental Insurance Co . Effective Date: 01/01/2018 Insured Name: WHILLOCK CONTRACTING, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 20020000760503888076051 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74705XX (1-15) Policy No: 6056914330 Page 17 of 17 Endorsement No: 2 The Continental Insurance Co . Effective Date: 01/01/2018 Insured Name: WHILLOCK CONTRACTING, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 20020000760503888076052 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products - completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. III. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance is required by written CNA75079XX (1-15) Page 1of2 The Continental Insurance Co . Insured Name: WHILLOCK CONTRACTING I INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Policy No: 6056914330 Endorsement No: 3 Effective Date: 01/01/2018 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (1-15) Page 2 of 2 The Continental Insurance Co . Insured Name: WHILLOCK CONTRACTING INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No: 6056914330 Endorsement No: 3 Effective Date: 01/01/2018 50020008660566454865889 POLICY NUMBER: 6056645486 CNA CNA63359XX (Ed. 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception II. date, whichever is earlier. b. Does not apply to: (1) "Bodily injury" or "property damage" caused by an "accident" that occurred before you acquired or formed the organization; or (2) Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an "insured" but only with respect to their legal liability for acts or omissions of a person, who qualifies as an "insured" under Section II — Who Is An Insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. 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. "Policy," as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. PHYSICAL DAMAGE COVERAGE A. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered "auto," any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. CNA63359XX Copyright, CNA Corporation, 2000. (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. Page 1 of 3 D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned "autos." e. Such physical damage coverage for hired "autos" will: (1) Include loss of use, provided it is the consequence of an "accident" for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per "accident." E. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. F. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories. CNA63359XX (Ed. 04/12) d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the "diminution in value" exclusion does not apply to: a. Any covered "auto" of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a "diminution in value" loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for "loss" to a covered "auto" in any one accident is the lesser of: (1) $5,000; or (2) 20% of the "auto's" actual cash value (ACV). III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except: a. An "auto" owned by that "executive officer" or a member of that person's household; or b. An "auto" used by that "executive officer" while working in a business of selling, servicing, repairing or parking "autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered "auto"; and CNA63359XX Copyright, CNA Corporation, 2000. (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. Page 2 of 3 50020008660566454865890 (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are "insureds" while using a covered "auto" described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your "employees" may know of documents received concerning a claim or "suit." This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or V. CNA63359XX (Ed. 04/12) damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an "accident" or "loss." C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to "Accident" or "Loss." E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. DEFINITIONS Section V. Paragraph C. is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. CNA63359XX Copyright, CNA Corporation, 2000. (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. Page 3 of 3 50020008660566454865883 POLICY NUMBER: COMMERCIAL AUTO CA20011013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: WHILLOCK CONTRACTING, INC. Endorsement Effective Date: 01/01/2018 SCHEDULE Insurance Company: The Continental Insurance Co. Policy Number: C 6056645486 Effective Date: 01/01/2018 Expiration Date: 01/01/2019 Named Insured: WHILLOCK CONTRACTING, INC. Address: PO BOX 2322 LA MESA, CA 91943-2322 Additional Insured (Lessor): Address: Designation Or Description Of "Leased Autos": CA 20 01 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 2 Coverages Limit Of Insurance Covered Autos Liability $ Each "Accident" Comprehensive Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $ Deductible For Each Covered "Leased Auto" Collision Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $ Deductible For Each Covered "Leased Auto" Specified Causes Of Loss Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $ Deductible For Each Covered "Leased Auto" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage 1. Any "leased auto" designated or described in the Schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. 2. For a "leased auto" designated or described in the Schedule, the Who Is An Insured provision under Covered Autos Liability Coverage is changed to include as an "insured" the lessor named in the Schedule. However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: a. You; b. Any of your "employees" or agents; or c. Any person, except the lessor or any "employee" or agent of the lessor, operating a "leased auto" with the permission of any of the above. 3. The coverages provided under this endorsement apply to any "leased auto" described in the Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the "leased auto", whichever occurs first. B. Loss Payable Clause 1. We will pay, as interest may appear, you and the lessor named in this endorsement for "loss" to a "leased auto." 2. The insurance covers the interest of the lessor unless the "loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor, we will obtain his or her rights against any other party. C. Cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. D. The lessor is not liable for payment of your premiums. E. Additional Definition As used in this endorsement: "Leased auto" means an "auto" leased or rented to you, including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. Page 2 of 2 Copyright, Insurance Services Office, Inc., 2011 CA 20 01 10 13 00020003060569143301067 CNA CNA PARAMOUNT Changes - Notice of Cancellation or Material Restriction Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY — NEW YORK DEPARTMENT OF TRANSPORTATION SCHEDULE Number of days notice (other than for nonpayment of premium): 30 Number of days notice for nonpayment of premium: 30 Name of person or organization to whom notice will be sent: Address: CA 92108 If no entry appears above, the number of days notice for nonpayment of premium will be 10 days. It is understood and agreed that in the event of cancellation or any material restrictions in coverage during the policy period, the Insurer also agrees to mail prior written notice of cancellation or material restriction to the person or organization listed in the above Schedule. Such notice will be sent prior to such cancellation in the manner prescribed in the above Schedule. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74702XX (1-15) Page 1 of 1 VALLEY FORGE INSURANCE COMPANY Insured Name: WHILLOCK CONTRACTING, INC. Copyright CNA All Rights Reserved. Policy No: 6056914330 Endorsement No: 25 Effective Date: 08/27/2018 ACO of CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDlYYYY) 10/25/18 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 terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MOSIER INSURANCE AGENCY PO Box 2149 Lakeside, CA 92040-2149 0716633 CONTACT NAMEJerry Mosier PHONE (A/c. No. Ext): (619)749-1102 FAX No): (619)334-1192 ADDRess: ierrv(a)imosier.com INSURER(S)AFFORDING COVERAGE NAIC # INSURER A : Westchester Surplus Lines Ins 10172 INSURED Whillock Contracting Inc. PO Box 2322 La Mesa, CA 91943 CA 91943 INSURER B : INSURER C: INSURER D : INSURERE: INSURER F : OVERAGES CERTIFICATE NUMBER: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL SUBR INSD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DO/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea $ occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ P POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY(Per accident)$ HIRED AUTOS ONLY _ NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PER STATUTE OTH- ER Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. EACH ACCIDENT $ (Mandatory In NH) If E.L. DISEASE - EA EMPLOYEE $ yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Pollution Liability Y G24281966 004 6/2/2018 6/2/2020 Each Occurrence General Aggregate 5,000,000 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requi ed) 10 day notice of cancellation for non pay. City of National City and its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers are hereby added as additional insureds but only as respects work done by, for, or on behalf of the named insures per written contract requirements. Re: Ongoing grading, excavation and demolition operations of the insured. Job #1537: Paradise Creek Park Site Remediation & Improvements CIP No. 18-07 CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd. National City CA 91950 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 © 1988-2015 ACORD ORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Named Insured Whillock Contracting Inc. Endorsement Number Policy Symbol CPW Policy Number G24281966 004 Policy Period 06/02/2018 to 06/02/2020 Effective Date of Endorsement 06/02/2018 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLLUTION LIABILITY COVERAGE SCHEDULE: Name of Person or Organization: Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to bodily 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 or repairs) to be performed by or on behalf of the additional insured(s) at the site 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 or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ENV-3100 (08-04) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 ADDITIONAL INSURED ENDORSEMENT — PRODUCTS -COMPLETED OPERATIONS HAZARD Named Insured Whitlock Contracting Inc. Endorsement Number Policy Symbol CPW Policy Number G24281966 004 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Policy Period 06/02/2018 to 06/02/2020 Effective Date of Endorsement 06/02/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART SCHEDULE Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 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 damage caused, in whole or in part, by your work performed for that additional insured and included in the products -completed operations hazard. All other terms and conditions remain the same. ENV-3225 (10-08) Page 1 of 1 Named Insured Whillock Contracting Inc. Endorsement Number Policy Symbol CPW Policy Number G24281966 004 Policy Period 06/02/2018 to 06/02/2020 Effective Date of Endorsement 06/02/2018 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain the same. ENV-3143 (03-05) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 Named Insured Whillock Contracting Inc. Endorsement Number Policy Symbol CPW Policy Number G24281966 004 Policy Period 06/02/2018 to 06/02/2020 Effective Date of Endorsement 06/02/2018 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT - OWNERS, LESSEES OR CONTRACTORS (PRIMARY AND NON-CONTRIBUTORY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLLUTION LIABILITY COVERAGE SCHEDULE: Name of Person or Organization: Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II - WHO IS AN INSURED is amended to include: A. SECTION II - WHO IS AN INSURED is -amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to bodily 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 or repairs) to be performed by or on behalf of the additional insured(s) at the site 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 or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The coverage provided hereunder shall be primary and not contributing with any other insurance available to those designated above under any other third party liability policy. ENV-3101 (08-04) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 RESOLUTION NO. 2018 — 182 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO WHILLOCK CONTRACTING, INC., IN THE AMOUNT OF $5,219,250 FOR THE PARADISE CREEK PARK SITE REMEDIATION AND IMPROVEMENTS PROJECT, AUTHORIZING A 25% CONTINGENCY IN THE AMOUNT OF $1,304,812.50 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Paradise Creek Park Site Remediation and Improvements Project (the "Project") will provide the site remediation, grading, and infrastructure improvements necessary to construct a new approximately 4-acre Community Park to include walking paths, community garden, playground, and other amenities on the west side of Paradise Creek between West 22nd Street and West 19th Street; and WHEREAS, the funding will also be used to reconstruct Harding Avenue and West 20th Street to provide paved roadways, utilities, parking, new sidewalks, and curb ramps for ADA compliance; and WHEREAS, at the 2:00 p.m. deadline on September 27, 2018, nine (9) bids were received electronically by the Engineering Department for the Project; and WHEREAS, Whitlock Contracting, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications, and WHEREAS, a 25% contingency amount up to $1,304,812.50 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Paradise Creek Park Site Remediation and Improvements Project to the lowest responsive, responsible bidder, to wit: WHILLOCK CONTRACTING, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $5,219,250 with Whillock Contracting, Inc., for the Paradise Creek Park Site Remediation and Improvements Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council authorizes a 25% contingency in the amount of up to $1,304,812.50 for any unforeseen changes. [Signature Page to Follow] Resolution No. 2018 — 182 Page Two PASSED and ADOPTED this 16th day of October orrison, Mayor ATTE y 7Michael R. D. la, ity Clerk APPROVED AS TO FORM: Passed and adopted by the Council of the City of National City, California, on October 16, 2018 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-182 of the City of National City, California, passed and adopted by the Council of said City on October 16, 2018. City Clerk of the City of National City, California By: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 16, 2018 AGENDA ITEM NO. 18 EM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Whillock Contracting, Inc. in the amount of $5,219,250 for the Paradise Creek Park Site Remediation and Improvements, CIP No. 18-07; 2) authorizing a 25% contingency in the amount of $1,304,812.50 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Jose Lopez, P.E. PHONE: 619-336-4312 EXPLANATION: See attached. istant Engineer - Civil DEPARTMENT: En APPROVED BY: ri ./Public Works NANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Contract Award (funds available through prior City Council CIP appropriations) 001-409-500-598-1597 (Paradise Creek Park Site Remediation (ROPS)) - $4,995,428 001-409-500-598-1596 (WI-TOD Improvements (Site Infrastructure Agreement)) - $100,618 125-409-500-598-1596 (WI-TOD Improvements) - $123,204 25% Contingency (funds available through prior City Council CIP appropriations) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution awarding a contract Whillock Contracting, Inc. in the amount of $5,219,250 for the Paradise Creek Park Site Remediation and Improvements, CIP No. 18-07 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution , So%74dr Ylo. EXPLANATION The Paradise Creek Park Site Remediation and Improvements Project will provide the site remediation, grading and infrastructure improvements necessary to construct a new approximately 4-acre Community Park (under a separate phase) to include walking paths, community garden, playground and other amenities on the west side of Paradise Creek between W. 22nd Street and W. 19th Street; funding will also be used to reconstruct Harding Avenue and W. 20th Street to provide paved roadways, utilities, parking, new sidewalks and curb ramps for ADA compliance. On August 21, 2018, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On August 23, 2018 and August 30, 2018, the bid solicitation was advertised in local newspapers. On September 27, 2018, nine (9) bids were received electronically on PlanetBids by the 2:00 p.m. deadline. Bid results were available immediately after the 2:00 p.m. deadline. Whillock Contracting, Inc. (Whillock) was the apparent lowest bidder with a grand total bid amount of $5,877,475. The project specifications state that if an additive, alternate or additive/alternate bids items are called for in the Contract Documents, the sum of the base bid and all additive, alternate and additive/alternate bids, if any, shall be used to compare all bids to determine the lowest responsive bid. On October 1, 2018, Whillock maintained it made clerical errors in its bid and, on that basis, requested to withdraw its bid. Staff determined Whillock's request was unsubstantiated and requested additional information to prove the alleged errors were indeed clerical. On October 4, 2018, Whillock rescinded its requested withdrawal and agreed to perform work on the Project as the lowest responsive and responsible bidder. Additionally, upon review of all documents submitted, Whillock's bid was deemed responsive. Therefore, staff recommends awarding a contract to Whillock Contracting, Inc. in the not - to -exceed amount of $5,219,250 which includes: 1) Base Bid — General ($339,851.00) • Mobilization, traffic control, construction surveying, water pollution control 2) Base Bid — Grading ($2,960,395.00) • Excavation and grading, fill, impacted and contaminated soil handling 3) Base Bid — Surface Improvements ($297,573.00) • Roadway construction, sidewalk, driveways, ADA pedestrian ramps 4) Base Bid - Drainage & Utility Facilities ($342,419.00) • Storm drain , sewer main and lateral installation, water quality basin 5) Base Bid — Other Improvements ( $718,107.00) • Lighting, irrigation, landscaping -1- 6) Additive Bid — Retaining Wall Steel Guardrail ($264,450.00) 7) Alternate Bids — ($296,455) • Gabion Wall Staff also recommends authorizing a 25% contingency in the amount of $1,304,812.50 to address any unforeseen conditions that may arise. Typically, a 15% contingency is requested, however, given the high volume of contaminated/impacted earthwork that must be hauled off the site to deliver a clean site for the upcoming Paradise Creek Park, a 25% contingency is being requested. Furthermore, staff recommends the 25% contingency, as it is consistent with the City Council approved contingency for the previously completed WI-TOD Site Remediation project. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. Construction is estimated to be completed in summer of 2018. Updates will be provided on the City's CIP website at: nationalcityprojects.com. -2- BID OPENING RESULTS NAME: PARADISE CREEK PARK SITE REMEDIATION AND IMPROVEMENTS CIP NO: 18-07 DATE: Thursday, September 27, 2018 TIME: 2:00 P.M. ESTIMATE: $6,500,000 PROJECT ENGINEER: Roberto Yano, P.E. NO. BIDDER'S NAME BID AMOUNT ADDENDA #1, 2, 3 BID SECURITY -BOND 1 Whillock Contracting, Inc. P.O Box 2322 La Mesa, CA 91943 $5,877,475.00 Yes Bond 2 Palm Engineering Construction Company 7330 Opportunity Rd #J San Diego, CA 92111 $6,649,723.00 Yes Bond 3. Sema Construction9580 Black 42690 Rio Nedo Ste. G Temecula, CA 92590 S6,666,340.20 Yes Bond 4. Spectrum Construction Group, Inc. 32 Edelman Irvine, CA 92618 $6,680,364.70 Yes Bond 5. LB Civil Construction, Inc. 324 East Valley Pkwy Escondido, CA 92125 $6,723,057.00 Yes Bond 6. C.S. Legacy Construction, Inc. 1461 S East End Ave Pomona, CA 91766 $6,839,419.50 Yes Bond 7. West -Tech Contracting, Inc. 568 North Tulip St. Escondido, CA 92078 S7,093,783.42 Yes Bond 8. Western Rim Constructors, Inc. 912 S Andreasen Drive, Suite 108 Escondido, CA 92029 $8,126,904.66 Yes Bond 9. Wier Construction Corporation 16884 Old Survey Road Escondido, CA 92025 $9,902,311.76 Yes Bond -3- Bid Results for Project Paradise Creek Park Site Remediation and Improvements (CIP No. 18-07) Item No. Description Unit Qty. Whillock Contracting, Inc PALM ENGINEERING CONSTRUCTION COMPANY INC Sema Construction Base Bid - General 1 Mobilization LS 1 $168,217.00 $168,217.00 $300,000.00 $300,000.00 $666,634.01 $666,634.01 2 Traffic Control LS 1 $52,942.00 $52,942.00 $80,000.00 $80,000.00 $38,081.48 $38,081.48 3 Construction Surveying LS 1 $63,236.00 $63,236.00 $70,000.00 $70,000.00 $52,279.72 $52,279.72 4 Water Pollution Control LS 1 $48,206.00 $48,206.00 $70,000.00 $70,000.00 $126,180.43 $126,180.43 5 Utility Coordination LS 1 $1,500.00 $1,500.00 $10,000.00 $10,000.00 $7,493.58 $7,493.58 6 Construction Schedule LS 1 $5,750.00 $5,750.00 $5,000.00 $5,000.00 $11,127.65 $11,127.65 Subtotal $339,851.00 $535,000.00 $901,796.87 Base Bid - Grading 7 Clearing and Grubbing LS 1 $58,890.00 $58,890.00 $80,000.00 $80,000.00 $76,603.40 $76,603.40 8 Excavation and Grading LS 1 $199,169.00 $199,169.00 $92,500.00 $92,500.00 $207,009.83 $207,009.83 9 Unclassified Fill (Import) CY 27000 $17.35 $468,450.00 $28.00 $756,000.00 $34.58 $933,660.00 10 Impacted Soil Handling (Onsite) CY 3000 $3.80 $11,400.00 $12.00 $36,000.00 $4.06 $12,180.00 p 11 Impacted Soil Handling(Export) p ( p ) TON 9766 $81.50 $795,929.00 $95.00 $927,770.00 $75.40 $736,356.40 12 Contaminated Soil Handling (Export) TON 6116 $233.25 $1,426,557.00 $232.00 $1,418,912.00 $201.97 $1,235,248.52 13 Retaining Wall (Single Tier) - 6"x6" wire mesh, 6 gauge SF 5290 $50.00 $264 500.00 $25.00 $132,250.00 $39.71 $210,065.90 14 Retaining Wall (Double Tier) - 6"x6" wire mesh, 6 gauge SF 750 $30.00 $22,500.00 $50.00 $37,500.00 $70.67 $53,002.50 Subtotal $3,247,395.00 $3,480,932.00 $3,464,126.55 Base -Bid - Surface Improvements 15 Temporary Construction Fencing w/windscreen LF 2000 $4.00 $8,000.00 $10.00 $20,000.00 $34.39 $68,780.00 16 Temporary Pedestrian Access SF 2000 $4.29 $8,580.00 $6.00 $12,000.00 $5.88 $11,760.00 17 6" PCC Curb & Gutter LF 1300 $31.50 $40,950.00 $35.00 $45,500.00 $31.88 $41,444.00 18 PCC Cross Gutter SF 700 $16.65 $11,655.00 $15.00 $10,500.00 $13.84 $9,688.00 19 4" PCC Sidewalk (SDRSD G-7) SF 6500 $7.35 $47,775.00 $8.00 $52,000.00 $8.17 $53,105.00 20 PCC Driveway (SDRSD G-14A) SF 850 $7.00 $5,950.00 $12.00 $10,200.00 $10.73 $9,120.50 21 Pedestrian Ramp EA 6 $1,575.00 $9,450.00 $4,000.00 $24,000.00 $2,497.95 $14,987.70 22 Pavement Restoration SF 1600 $8.40 $13,440.00 $9.30 $14;880.00 $8.73 $13,968.00 Bid Results for Project Paradise Creek Park Site Remediation and Improvements (CIP No. 18-07) Item No. Description Unit Qty. Whillock Contracting, Inc PALM ENGINEERING CONSTRUCTION COMPANY INC Sema Construction 23 AC Paving TON 635 $97.00 $61,595.00 $130.00 $82,550.00 $97.57 $61,956.95 24 Aggregate Base TON 1478 $37.00 $54,686.00 $50.00 $73,900.00 $19.22 $28,407.16 25 2" AC Overlay incl. Edge & Header Grinds SF 15946 $2.00 $31,892.00 $3.50 $55,811.00 $2.31 $36,835.26 26 Street Centerline Monument EA 3 $1,200.00 $3,600.00 $1,200.00 $3,600.00 $1,011.60 $3,034.80 Subtotal $297,573.00 $404,941.00 $353,087.37 Base -Bid - Drainage & Utility Facilities 27 12" PVC Storm Drain (SDR 35) LF 163 $110.00 $17,930.00 $120.00 $19,560.00 $70.30 $11,458.90 28 18" RCP Storm Drain (1350-D) LF 514 $110.00 $56,540.00 $160.00 $82,240.00 $84.33 $43,345.62 29 Type B Curb Inlet (L=5') EA 4 $7,153.00 $28,612.00 $10,000.00 $40,000.00 $4,419.36 $17,677.44 30 Type A-4 Cleanout EA 1 $5,930.00 $5,930.00 $10,000.00 $10,000.00 $5,462.48 $5,462.48 31 Type G-1 Catch Basin EA 2 $4,439.00 $8,878.00 $10,000.00 $20,000.00 $6,018.12 $12,036.24 32 Outlet Structure EA 1 $3,805.00 $3,805.00 $15,000.00 $15,000.00 $9,848.73 $9,848.73 33 Straight Headwall EA 4 $2,205.00 $8,820.00 $8,000.00 $32,000.00 $8,834.39 $35,337.56 34 Wing Headwall EA 0 $10,000.00 $0.00 $15,000.00 $0.00 $0.00 $0.00 35 Rip Rap Energy Dissipator (Type 2, #2 Backing, 5'x10', T=1.0') CY 10 $329.00 $3,290.00 $250.00 $2,500.00 $809.19 $8,091.90 36 Concrete Energy Dissipator (SDRSD D- 41) EA 1 $25,100.00 $25,100.00 $30,000.00 $30,000.00 $11,040.07 $11,040.07 37 Cutoff Walls EA 2 $3,293.00 $6,586.00 $3,000.00 $6,000.00 $9,681.68 $19,363.36 38 Water Quality Basin SF 4840 $11.10 $53,724.00 $10.00 $48,400.00 $18.39 $89,007.60 39 Abandon Exist. SMH EA 3 $3,635.00 $10,905.00 $2,000.00 $6,000.00 $1,852.96 $5,558.88 40 Abandon Exist. Sewer Main LF 600 $38.00 $22,800.00 $20.00 $12,000.00 $11.24 $6,744.00 41 8" PVC Sewer Main LF 607 $66.00 $40,062.00 $200.00 $121,400.00 $146.84 $89,131.88 42 Sewer Manhole EA 3 $12,879.00 $38,637.00 $20,000.00 $60,000.00 $10,075.78 $30,227.34 43 Reconnect Exist. Sewer Lateral w/CO LF 400 $27.00 $10,800.00 $120.00 $48,000.00 $119.83 $47,932.00 Subtotal $342,419.00 $553,100.00 $442,264.00 Base Bid - Other Improvements Bid Results for Project Paradise Creek Park Site Remediation and Improvements (CIP No. 18-07) Item No. Description Unit Qty. Whillock Contracting, Inc PALM ENGINEERING CONSTRUCTION COMPANY INC Sema Construction 44 Furnish and Install 2" PVC Conduit LF 1400 $32.39 $45,346.00 $20.00 $28,000.00 $25.77 $36,078.00 45 Furnish and Install Electrical for Lighting LF 1000 $4.83 $4,830.00 $25.00 $25,000.00 $7.52 $7,520.00 46 Furnish and Install #5 Pull Box EA 8 $617.00 $4,936.00 $600.00 $4,800.00 $966.29 $7,730.32 47 Furnish and Install 15 ft. Single Post Top Light Pole with Foundation and 118W LED Luminaire EA 6 $6,431.00 $38,586.00 $7,300.00 $43,800.00 $6,119.86 $36,719.16 48 Furnish and Install Fiber Optic Vault EA 2 $3,460.00 $6,920.00 $3,200.00 $6,400.00 $3,757.81 $7,515.62 49 Signing & Striping LS 1 $13,645.00 $13,645.00 $15,000.00 $15,000.00 $14,681.11 $14,681.11 T 50 2" Irrigation Service & Backflow Preventer EA 1 $6,952.00 $6,952.00 $5,000.00 $5,000.00 $4,598.19 $4,598.19 51 Electrical Service & Panel for Irrigation EA 1 $6,300.00 $6,300.00 $10,000.00 $10,000.00 $16,104.90 $16,104.90 52 Irrigation System LS 1 $225,750.00 $225,750.00 $210,000.00 $210,000.00 $158,075.98 $158,075.98 53 Landscape Planting LS 1 $250,950.00 $250,950.00 $270,000.00 $270,000.00 $166,557.09 $166,557.09 54 Retaining Wall Steel Guardrail LF 125 $252.00 $31,500.00 $360.00 $45,000.00 $520.65 $65,081.25 55 Retaining Wall Steel Stake Post EA 30 $709.00 $21,270.00 $1,500.00 $45,000.00 $992.65 $29,779.50 56 Shade Structure Column and Footing EA 4 $6,668.00 $26,672.00 $2,500.00 $10,000.00 $5,636.98 $22,547.92 57 Maintenance/Plant Establishment Period (180 Days) LS 1 $9,450.00 $9,450.00 $15,000.00 $15,000.00 $12,261.87 $12,261.87 58 Field Orders LS 1 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 Subtotal $718,107.00 $758,000.00.� $610,250.91 Additive Bid ftiiiitik.:"^ 59 Retaining Wall Steel Guardrail LF 1025 $258.00 $264,450.00 $200.00 $205,000.00 $225.15 $230,778.75 Subtotal $264,450.00 $205,000.00 $230,778.75 Bid Results for Project Paradise Creek Park Site Remediation and Improvements (CIP No. 18-07) Item No. Description Unit Qty. Whillock Contracting, Inc PALM ENGINEERING CONSTRUCTION COMPANY INC Sema Construction Alternate Bid 60 Pedestrian Protective Railing SDRSD M-24, Pipe Guardrail Post Type LF 1150 $174.50 $200,675.00 $110.00 $126,500.00 $150.10 $172,615.00 61 Precast Concrete Segmental Retaining Wall (Wall A and Wall B) SF 5685 $30.00 $170,550.00 $50.00 $284,250.00 $40.67 $231,208.95 62 Retaining Wall (Single Tier) - 3"x3" wire mesh, 9 gauge SF 5290 $52.00 $275,080.00 $50.00 $264,500.00 $39.17 $207,209.30 63 Retaining Wall (Double Tier) - 3"x3" wire mesh, 9 gauge SF 750 $28.50 $21,375.00 $50.00 $37,500.00 $70.67 $53,002.50 Subtotal $667,680.00 $712,750.00 $664,035.75 J Total $5,877,475.00 $6,649,723.00 $6,666,340.20 Summary of Award Base Bid - General $339,851.00 $535,000.00 $901,796.87 Base Bid - Grading $3,247,395.00 $3,480,932.00 $3,464,126.55 Base -Bid - Surface Improvements $297,573.00 $404,941.00 $353,087.37 Base -Bid - Drainage & Utility Facilities $342,419.00 $553,100.00 $442,264.00 Base Bid - Other Improvements $718,107.00 $758,000.00 $610,250.91 Additive Bid - Retaining Wall Steel Guardrail ( Line Item 59) $264,450.00 $205,000.00 $230,778.75 Alternate Bids ( Line Items 60-63) $667,680.00 $712,750.00 $664,035.75 Eliminate Line Item 13 - Retaining Wall (Single Tier) - 6"x6" wire mesh, 6 gauge ($264,500.00) ($132,250.00) ($210,065.90) Eliminate Line Item 14 - Retaining Wall (Double Tier) - 6"x6" wire mesh, 6 gauge ($22,500.00) ($37,500.00) ($53,002.50) Eliminete Line Item 60 - Pedestrian Protective Railing SDRSD M-24, Pipe Guardrail Post Type (Line Item 60) ($200,675.00) ($126,500.00) ($172,615.00) Item No. Description Bid Results for Project Paradise Creek Park Site Remediation and Improvements (CIP No. 18-07) Unit Qty. Whitlock Contracting, Inc PALM ENGINEERING CONSTRUCTION COMPANY INC Serra Construction Eliminete Line Item 61 - Precast Concrete Segmental Retaining Wall (Wall A and Wall B) (Line Item 61) ($170,550.00) ($284,250.00) ($231,208.95) $5,219,250.00 $6,069,223.00 $5,999,447.85 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO WHILLOCK CONTRACTING, INC., IN THE AMOUNT OF $5,219,250 FOR THE PARADISE CREEK PARK SITE REMEDIATION AND IMPROVEMENTS PROJECT, AUTHORIZING A 25% CONTINGENCY IN THE AMOUNT OF $1,304,812.50 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Paradise Creek Park Site Remediation and Improvements Project (the "Project") will provide the site remediation, grading, and infrastructure improvements necessary to construct a new approximately 4-acre Community Park to include walking paths, community garden, playground, and other amenities on the west side of Paradise Creek between West 22nd Street and West 19th Street; and WHEREAS, the funding will also be used to reconstruct Harding Avenue and West 20th Street to provide paved roadways, utilities, parking, new sidewalks, and curb ramps for ADA compliance; and WHEREAS, at the 2:00 p.m. deadline on September 27, 2018, nine (9) bids were received electronically by the Engineering Department for the Project; and WHEREAS, Whillock Contracting, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications, and WHEREAS, a 25% contingency amount up to $1,304,812.50 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Paradise Creek Park Site Remediation and Improvements Project to the lowest responsive, responsible bidder, to wit: WHILLOCK CONTRACTING, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $5,219,250 with Whillock Contracting, Inc., for the Paradise Creek Park Site Remediation and Improvements Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council authorizes a 25% contingency in the amount of up to $1,304,812.50 for any unforeseen changes. [Signature Page to Follow] Resolution No. 2018 — Page Two PASSED and ADOPTED this 16th day of October, 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney November 14, 2018 URGEN T ) 1-TO +3- CALIFORNIA .t. Exp rn I + pEla_ NATIONAL CIT C r MAN A cs C IN a l/ . -- O Peic . T r� / 1 {,fj• [[Y_T1(2ZA REVIEW AND APPROVAL OF CONTRACT DOCUMENTS FORM PROJECT: PARADISE CREEK PARK SITE REMEDIATION AND IMPROVEMENTS CIP NO.: 18-07 AWARDING RESO. 2018- 182 DATE: OCTOBER 16, 2018 CONTRACTOR: WHILOCK CONTRACTING, INC. ****************************************************************************** 1. TO: City Attorney The following original contract documents are submitted for your review and approval: 1. 3 Originals of Contract Agreement 2. _3_ Copies of Performance Bond 3. _3_ Copies of Payment Bond 4. 3 Copies of Certificates of Insurance If these documents are satisfactory, please forty, 1 them along with this form to the Mayor for his signature. COMMENTS: / if omp eted ( ) ******************************* *** ***** * ********************** *** ******** 2. TO: Office of the Mayor The attached original contract documents have been reviewed and approved by the City Attorney. Please sign all three copies of the contract, and forward all of the contract documents along with this form to the office of the City Clerk. Completed ( ) ******************************************************************************** 3. TO: Office of the City Clerk The attached original contract documents have been approved by the City Attorney and the Mayor. Please distribute them. 1. 1 Original copy to your file. 2. 0 Copy to the contractor 3. 2 Copy to the Engineering Department. Please release the bid bonds of the unsuccessful bidders. Approved by: Stephen Manganiello Acting Deputy City Manager AstJ`" ,�h 4,MATEU CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk WHILLOCK CONTRACTING Paradise Creek Park Site Remediation and Improvements CIP No. 18-07 Tirza Gonzales (Engineering/Public Works) forwarded a duplicate original with Whillock Contracting.