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HomeMy WebLinkAbout2022 CON Eagle Paving Conpany - Resurfacing Project CIP 22-19OWNER- CONTRACTOR AGREEMENT NATIONAL CITY STREET RESURFACING FY 21122 PROJECT, IP NO. 22-19 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Eagle Paving r n , Inc. ("Contractor"), 13915 Danielson Street, Poway, r, CA 92064 on the 1 th clay of May. 2,022, for the nstruction 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 Speclal Provisions. , 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, , NON-D1SCRIMINATION 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. . 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, . WORKERS' MPEN ATI N 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 employerto be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and 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: "l 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." ent.'T . ENTIRE AGREEMENT; CONFUCT 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. . 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 thr years from the date of final payment under this Agreement, for inspection by Owner and copiesthereofshall be furnished to Owner if requested. . INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, 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. Owner: Ale ja nd ra Sotelo-Solis Mayor, City of National City APPROVED AS TO FORM: By: Charles E. Bell, Jr. City Attorney Contractor: Eagle Paving Company, Inc, (Owned Officer signature) Print name antitle (Second o r s re if a corporation) \APV---G4k C9P(POWD ef-dt) Print name and title VADL9-0W Contractor's City Business License No. State Contractor's License No. and Class 4ct (6 bpvoko.Q13 (90 Business street address City, State and Zip Code EXHIBIT 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 (Green boo 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 MIS, BNISF, SANDAL, 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) CORPORATE CERTIFICATE bA-rot,..6 Corporation named as Contractor in the foregoing Contract; that Contractor, was then c,sp certify that II am the Secretary of the who signed said contract on behalf of the of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. it )( c:bprinuL-6 certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that JiOL7 Contractor, was then who signed said contract on behalf of the of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: EXECUTED IN TRIPLICATE ATE BOND NO. 024269472 PREMIUM: $192959,00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE PERFORMANCE BOND WHEREAS, the City Council of the City of National nal City, by Resolution No. 0 1- on the 7th day of Jun , has awarded Eagle Paving Company, Inc., hereinafter designated as the "Principal", the NATIONAL CITY STREET RESURFACING FY 21/22 PROJECT; CIP NO.22-19 WHEREAS, , said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and THE OHIO CASUALTY INSURANCE MP NY as surety, are held and firmly bound unto the City of Nation& City, hereinafter called the "City", in the penal sum of Two Mil.lion,_Seventy-Two Thousand, Five Hundred NineteenNineteeni$2,072,519.001 dollars 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 ail 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 28TH day of APRIL , 20 22 . THE OHIO CASUALTY INSURANCE COMPANY(SEAL) MARK D. IATAROLA, ATTORNEY -IN -FACT (SEAL) (SEAL) EAGLE PAVING COMPANY, INC. DBE TQRO ENGINEERING JOEL BA►TULE, PREIlE1T Surety Principal (SEAL) (SEAL) (SEAL) STATE OF COUNTY OF PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY _.. --_. )ss On this day of - / 0 , 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 ofthose executing for NOTE: The Attorney -in -fact must attach a Surety must be properly certified copy of the Power of acknowledged. Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO } Can 4�1810 before me, Date personally appeared SANDRA FIGUEROA, NOTARY PUBLIC Here insert Name and Title of the Officer MARK D. IATAROLA Name(s) of Signer's, who proved to me on the basis of satisfactory evidence to be the person() whose name isle -subscribed to the within instrument and acknowledged to me that helshei-they executed the same in his/he fth if authorized capacity s), and that by hisll f signature on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument SANDRA FIGUEROA COMM. #2334108 SANDIEGO COUNTY NOTARY PUBLIC-CALIFORNIA MY COMMISSION EXPIRES SEPTEMBER 2212024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. Signature OPTIONAL Signature of N'Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity (ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA • Corporate Officer — Title(s): Q Partner 1--- o Limited 0 General n Individual im Attorney in Fact O Trustee 0 Guardian of Conservator D Other: Signer is Representing: Signer's Name: O Corporate Officer — Title(s): o Partner — I Limited 0 General ▪ Individual Li Attorney in Pact O Trustee 0 Guardian of Conservator D Other: Signer is Representing: 2017 National Notary Association Liberty Mutual., SURETY This Power of Attorney limits the acts of those named herein, and they, have no authority to hind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER F ATTORNEY Certificate No: 8205111-024100 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, then Maloney; John a Maloney; Mark D. Iatarota; Sandra Figueroa; Tracy Holmes; Tracy Lynn Rodriguez cn ch C m (73 0 0 ca cow o,^ E 0 all of the city of Escondido state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WFIE E F► this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of March 5 2021 By:Y State of PENNSYLVANIA ss County of MONTMERY On this 29th day of March , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company Aft u A or: xs This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows; ARTICLE IV — OFFICERS: Section 12. Power of Attorney, Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company, When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed, I, Renee D. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect grid has not been revoked. Commonwealth of Pennsylvania - Notary Seal Teresa Pastella, Notary Public Montgomery County My commission expires March 2B, 2025 Commission number 1126044 Member, Pennsylvania Association of Notaries By: David M. Carey, Assistant Secretary Teresa Pastella, Notary Public IN TESTIMONY WHEREOF, i have hereunto set my hand and affixed the seals of said Companies this 28TH day of APRIL , 2022 By: rmAt(04"*"• Renee C. Llewellyn, Assistant Secretary a) o Cr cr.S .1[7.) cf) eL o I C E o c13 — CO (53 LM -1 873 LM1C OLIO WAIC Multi Co 0 1 1 EXECUTED IN TRIPLICATE BOND NO. 024259472 PREMIUM INCLUDED IN PERFORMANCE BOND PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 0 1- _, onthe 7thday of June, has awarded_Eal Paving Company, Inc., hereinafter designated as the "Principal", the NATIONAL I AL CITY STREET RESURFACING II FY 11 PROJECT, CIP N. 22-19 WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and THE OHIO CASUALTY INSURANCE PA lY as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Two Million Savant -Two Thousand Five Hundred Nineteen ($2,072,519.00I dollars 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 f the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 28TH day of APRIL , 2022 THE U 1-I I O CASUALTY INSURANCE COMPANY(SEAL) /4:( • (SEAL) MARK D. IA"i"AROLA, ATTORNEY -IN -FACT (SEAL) Surety EAGLE PAVING MP 1Y, INC. DBA TORO ENGINEERING JOEL EiMULE, PRESIDENT Principal (SEAL) (SEAL) (SEAL) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ss COUNTY OF ----- - --- On this day of ---...... , 20. , before me, the undersigned, a Notary Public in and for said County and State, personally appeared _._ known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the --........ __._._ , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact, NOTE: Signature of those executing for NOTE: The Attorney -in -fact must attach a Surety must be properly certified copy of the Power of acknowledged. Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: A TTA "H ALL BONDS CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 r 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 DIE+ 4/28/2022 On Date tie personally appeared before me, } SANDRA FIGUEROA, A, NOTARY PUBLIC Here Insert Name and Title of the Officer MARK D. IATAROLA Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(} whose name( is/ subscribed to the within instrument and acknowledged ed to me that helzhe/tf ey executed the same in his fwithcir authorized capacity), and that by hisThefitheif signature(s) on the instrument the person(), or the entity upon behalf of which the person() acted, executed the instrument. SANDRA A FIGUEROA M. . 2334108 SANDIEGO COUNTY NOTARY PUBLIC-CALIFORN1A MY COMMISSION EXPIRES SEPTEMBER 2 , 2024 Place Notary Seca and/or Stomp Above i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Signature of Nota Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: + apacity(ies) Claimed by signers) Signer's Name: MARK D. IATAROLA Signer's Name: ❑ Corporate Officer — Title(s): 0 Corporate Officer — Title(s): Li Partner — ❑ Limited ❑ General • Individual El Attorney in Fact ❑ Trustee Q Guardian of Conservator ❑ Other: Signer is Representing: ❑ Partner — ❑ Limited 0 General • Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator • Other: Signer is Representing: 2017 National Notary Association Liberty Mutual, SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance ompony The Ohio Casualty Insurance Company West American Insurance Company POWER F ATTORNEY Certificate No: 8 111-0 4100 KNOWN WN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Helen Maloney; John G. Maloney; Mark D. Iatarola; Sandra Figueroa; Tracy Holmes; Tracy Lynn Rodriguez all of the city of Escondido state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seats of the Companies have been affixed thereto this 29th day of March U) U co co o C'cn O 8 c COn Ca 1512 ai o ti- o 2021 By: Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company David M. Carey, Assistant Secretary State of PENYLVANIA ss County of MONTGOMERY On this 29th day of March , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. iN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. .pfYX+br'c+� tk-� 4( x Commonwealth of Pennsylvania - Notary Seal Teresa Pastella, Notary Public Montgomery County . My commission expires March 28, 2O2 Commission number 1126044 Member, Penr1syivania Association of Notaries By: ..¢sJ std-tai) Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose In writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force end effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full' force and effect and has not been revoked, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 28TH day of APRIL , 2022 By: */# Renee C. Llewellyn, Assistant Secretary O I WPM (75 o 1:61 co E 0 co 44- o co i_ 064 co (a— o .0 co cs LMS-1 2E173 LMIC OCIC WA1C Multi Co 02121 4 Section If Who is An Insured is amended to Include your "volunteer workers" as insureds with respect to "bodily Injury" to a co -"volunteer worker" while performing duties related to the conduct of your business, or to your "employees" employment by you, provided that this coverage for your olunteer workers" does not apply while performing duties unrelated to the conduct of your business. K. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE The following is added to Paragraph 2.2 Duties In The Event of Occurrence, Offense, Claim or Suit of the Section IV Commercial General Liability Conditions: Notice of an "occurrence" or of an offense which may result in a claim under this insurance shall be given as soon as practicable alter knowledge of the "occurrence" or offense has been reported to any insured listed under Paragraph `I16 of Section II -who Is An Insured or any "employee" (such as insurance, loss control, risk manager or administrator) designated by you to give such notice. Knowledge of any other "employee(s "of an "occurrence" or of an offense does not Imply that you also have such knowledge. Notice shall be deemed prompt if given in good faith as soon as practicable to your workers compensation insurer. This applies only if you subsequently give notice to us as soon as practicable after any insured listed under Paragraph I • of Section II — Who Is An Insured or an 'employee" (such as an insurance, loss control, or risk manager or administrator) designated by you to give such notice discovers that the "occurrence; offense or claim may involve this policy. .� UNINTENTIONAL OMISSION The following is added to Paragraph 6,, Representations, of Section Wm Commercial General liability Conditions: The unintentional omission of, or unintentional error in, any information provided by you shalt not prejudice your rights under this Insurance. However, this Article L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws or regulations. . LIBERALIZATION The following is added to Section IV -Commercial General Liability Conditions: Liberalization Alter the issuance of this policy, If we adopt a change In our forms or rules which would broaden the coverage provided by any form that is a part of this policy without a premium charge, the broader coverage will apply to this policy, This extension is effective upon the approval of such broader coverage in your state. Form XL 436 1208 2008$ XL America, inc. Includes copyrighted material of Insurance Services Office, Inc., with its pemiission. Page 6 of A 67971875 1 21/22 GL/AU/WC/U4B 1 Sondra Alvarado 1 4/28/2022 8:09:37 AM (PDT) 1 Page 10 of 20 N. BLANKET WAIVER OF SUBROGATION The following is added to Section IV -Commercial ercial General Liability Conditions: Waiver of Subrogation We waive any light of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. 0. INCIDENTAL MEDICAL AL MALPRACTICE INJURY For insurance applicable to this Article 0, the definition of "bodily injury' in Section V - Definitions is amended to include, °Incidental Medical Malpractice injury". . The following definition is added to Section V- Definitions: "Incidental medical malpractice injury" means "bodily. injury", mental anguish, sickness or disease sustained by a person, including death resulting from any of these at any time, arising out of the rendering of, or failure to render, the following services: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances; C. First aid; or d. "Good Samaritan Services". As used in this Article O., "Good Samaritan Services" are those medical services rendered or provided in an emergency and for which no remuneration is demanded or received. Paragraph •a01 d) of Section fI -Who Is An Insured does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only white performing the services described in Paragraph 2, above and while acting within the scope of their employment by you. Any "er ployees° rendering Good Samaritan Services" will be deemed to be acting within the scope of their employment by you. 4. The following exclusion Is added to Paragraph 2, Exclusions of Coverage A. — Bodily Injury And Property Damage Liability of Section I — Coverages: [This insurance does not apply to:) willful Violation of Penal Statute Liability arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals by or with the knowledge or consent of the Insured. . For the purposes of determining the applicable Limits of Insurance, any act or omission, together with all related acts or omissions in the furnishing of services described in Paragraph 2sai through 2.d. above to any one person, will be considered one "occurr nc u. . This Article 0, does not apply if you are In the business or occupation of providing any of the services described in Paragraph 2. above. Form XIL 436 1208 0081 XL America, Inc. Includes copyrighted ,material of Insurance saes mice, Inc., with its permission. Page 7 of 67971875 1 21/22 L/AU/WC/UMB 1 Sondra Alvarado I 4/28/20 2 8:09:37 A (PDT) 1 Page 11 of 20 7, The insurance provided by this Article o shall be excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. P. EXTENSION OF COVERAGE — BODILY INJURY The definition of "bodily injury" Section V- Definitions is deleted in its entirety and replaced by the following: "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, Including death resulting from any of these at any time, Q. COVERAGETERRITORY The definition of "coverage territory" Section - Definitions is deleted in its entirety and replaced by the following 4 "Coverage territory" means anywhere in the world. This insurance does not apply to: a, bodily injury" or "property damage" that takes place; or b. "personal and advertising injury" caused by an offense committed outside the United States of America (including its possessions and territories), Canada and Puerto Rico, untess a "suit" on the merits (to determine the insured's responsibility to pay damages to which this insurance applies) is brought in the United States of America (including its possessions and territories), Canada or Puerto Rico. This insurance does not apply to damage, loss, cost or expenses in connection with any "suit" brought outside the United States of America (including its possessions and territories), Canada or Puerto Rico, Form XIL 436 1208 © 20081 XL America, Inc. Includes copyrighted material of Insurance Services Office, Inc„ with Its permission. Page 8 of 8 6797/875 21/ 2 cL/AU/WC/U1B 1 Sondra Alvarado 14/ 8/2022 8:09 37 Am (PDT) I Page 12 of 20 Eagle Paving Company, Inc. Oa: Toro Ei_ ineering P -1003 -01 CG COMMERCIAL GENERAL LIABILITY 0 011 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (I) The additional insured is a Named Insured under such other insurance; and (2) Yo.0 have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 12 19 0 Insurance Services Office, Inc., 2018 67971875 1 21/22 Gt/Az7/WC/fMf 1 Sondra Alvarado 1 4/28/ O22 8:09 37 AM (2DT) 1 Page 13 of 20 Page I of 1 A. REASONABLE FORCE —BODILY INJURY OR PROPERTY DAMAGE Exclusion a. Expected Or Intended Injury of Part 2,, Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I — Coverages is deleted in its entirety and replaced by the following: [This insurance does not apply to:) Expected or intended injury or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to '"bodily injury's or "property damage" resulting from the use of reasonable force to protect persons or property. B. DAMAGE TO PREMISES RENTED TO YOU T SI 3 1„ The last paragraph of 24 Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I - Coverages is deleted in Its entirety and replaced by the following: Exclusions c4 through ns do not apply to damages to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalise, leakage from fire extinguishing equipment or water damage. A separate limit of insurance applies to this coverage as described in Section HI- Limits of Insurance. 4 This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; or Explosion of steam boilers, steam pipes, steam engines, or steam turbines. . Paragraph 6, of Section 111- Limits of insurance' is deleted in its entirety and replaced by the following: 6.e.Subject to Paragraph 5is above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, explosion, lightning, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occurrence", whether such damage results from fire, explosion, lightning, smoke, aircraft or vehicle or riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage or any combination of any of these. e The Damage to Premises Rented to You Limit will be the higher of: (1) $3,000; or (2) The amount shown on the Declarations for Damage to Premises Rented to You Limit Form XIL 436 12082008: XL America, Inc. Includes copyrighted material of Insurance Services o#fic r Inc.; with its permission. ge 2 of 8 67971875 1 21/22 Q,L/ALA/WC/LIMB 1 Sondra Alvarado 1 4/ B/ 022 B:09:37 AM (PDT) 1 Page 6 of 20 4. Paragraph 9,a, of the definition of 'Insured contract under Section V Definitions, is deleted in its entirety and replaced by the following: ["Insured contract" means:] a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage to premises while rented to you, or temporarily occupied by you with the permission of the owner is not an Insured contract". . This Article B. does not. apply If coverage for Damage to Premises Rented to You of Coverage A. Bodily Injury And Property Damage 1. abifity of Section I --9 Coverages Is excluded by endorsement. C AIRCRAFT CHARTERED WITH CREW . The following is added to the exceptions contained in Exclusion 9., Aircraft, Auto or Watercraft in Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage of Section I — Coverages: [This exclusion does not apply to:) Aircraft chartered with crew to any insured. . This Article C. does not apply if the chartered aircraft is owned by any insured. The insurance provided by this Article C. shall be excess over any valid and collectible insurance available to the Insured, whether primary, excess, contingent or on any other basis, except for Insurance#purchased specificallyby you to be excess of this policy. .' NON -OWNED WATERCRAFT 11, The exception contained in Subparagraph (2) of Exclusion g. Aircraft. Auto or Watercraft in Part ., Exclusions of Coverage A. Bodily Injury And Property Damage liability of Section I Coverages is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) 50 feet long or less; and (b) Not being used to carry persons or property for a charge; 2. This Article D. applies to any person who, with your expressed or implied consent, either uses or is responsible for the use of the watercraft. 3. This Insurance provided by this Artois D. whether sh ll be excess over any other valid and collectibleInsurance available to the Insured, primary, excess,contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy, E• PERSONAL AND ADVERTISING INJURY — ASSUMED INSURED CONTRACT 1. Exclusion e, Contractual Liability In Part ., Exclusions of Coverage B Personal And Advertising Injury Liabl!ity of Section I -- Coverages is deleted In its entirety and replaced by the following: Form II 436 1208 ., al 2008, XL America, Inc. n . Includes copyrighted material o Insurance Services Office, Inc., with its pemilssion. Page 3 of 8 67971875 1 21/22 cL/AU/WC/tMB 1 Sandra Alvarado 1 4/29/ 02 8;09;37 AM (PDT) 1 Page 7 of 20 [This insurance does not apply to:) e. Contractual Liability "Personal and Advertising Injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: 1. That the insured would have in the absence of the contract or agreement; or 24 Assumed in a written contract or agreement that is an "Insured contract"; provided the "personal and advertising Injury" is caused by an offense which occurs subsequent to the execution of the contract or agreement. 2. Subparagraph f. of the definition of "insured contract' Section .- Definitions is deleted in its entirety and replaced by the following f. That part of any other contract or agreement pertaining to your business, including an indemnification of a municipality in connection for work performed for a municipality, under which you assume the tort liability of anther party to pay for "bodily injury's, "property damage" or "personal and advertising injury" to a third party or organization. Tort liability means a liability that would be imposed by law In the absence of any contract or agreement 2. This Article E. does not apply If Coverage B. Personal And Advertising Injury Liability is excluded by endorsement. F. INCREASED SUPPLEMENTARY PAYMENTS Subparagraphs 1. b. and . of Suppllementary Payments - Coverages A And B of Section 1 - Coverages are amended as follows: in Subparagraph . the amount we witi pay for the cost of bail bonds Is increased up to $5,000. 2. In Subparagraph d.3 the amount we will pay for a loss of earnings is increased up to 1,000 a day. G. BROADENED NAMED INSURED 1. The Named Insured in Rem 1. of the Declarations Is as follows. The person or organizations named in item 1 • of the Declarations and any organization, other than a partnership or joint venture, over which you maintain ownership or majority interest on the effective date of the policy. However, coverage for any such organization will cease as of the date that you na longer maintain ownership of, or majority interest In, such organization. 2. This Article G. does not apply to any person or organization for which coverage is excluded by endorsement, Form XIL 436 1208 2008, XL America Inc. includes copyrighted material of insurance Series Office, Inc., with Its penrxi sion. Page 4 oI8 6797187S 1 21/22 GL/AU/WC/UMR 1 Sondra Alvarado 1 4/28/2022 8:O9 37 AM (PDT) 1 Page 13 of 20 H. BLANKET ADDITIONAL INSURED — MANAGERS A ERS LESSORS OF PREMISES 1. Section 1f-Who is An Insured is amended to include as an insured any person or organization with whom you have agreed in a written contract executed prior to loss (an "additional insured", but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: a, Limits of Insurance, The Limits of Insurance afforded to the "additional insured" shall be the limits you agreed to provide, or the limits shown on the Declarations, whichever is less. b. The insurance afforded to the "additional insured" does not apply to: (1) Any "occurrence" that takes place after you cease to be a tenant in that premises; (2) Any premises for which coverage is excluded by endorsement; or Structural alterations, new construction or demolition operations performed by or on behalf of such "additional insured". a The insurance afforded to the "additional insured" is excess over any valid and collectible insurance available to such "additional insured", unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. �. BLANKET ADDITiAL INSURED — LESSOR OF LEASED EQUIPMENT 1. Section Il-Who is An Insured is amended to Include an "additional Insured" as defined in Article H. above), but only with respect to their liability arising out of maintenance, operation or use by you of equipment leased to you by such "additional insured", subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the "additional insured" shall be the limits which you agreed to provide, or the limits shown on the Declarations, whichever is less. b. The insurance afforded to the "additional insured" does not apply to: CO Any `loc urrence' that takes place after the equipment lease expires; or (2) "Bodily injury" or °property damage" arising out of the sole negligence of such additional Insured. 2. The insurance provided to the "additional insured" is excess over any valid and collectible insurance available to such "additional insured", unless you have a written contract for this insurance to apply on a primary or contributory basis. J. INJURY TO COmEMPLOYEES AND CO - VOLUNTEER WORKERS 1. Section II- Who Is An Insured is amended to Include your "employees" as insureds with respect to bodily Injury" to a co -"employee" in the course of the co-"e tployee's° employment by you, or to your "volunteer workers while performing duties related to the conduct of your business, provided that this coverage for your "employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. Form XIL 4361 08 el 2008, XL America, Inc. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 67971875 1 1/ GL/AU/W /Uua 1 Sondra Alvarado 1 4/28/20 2 6:09:37 AM (PDT) 1 Page 9 of 20 LIABILITY INSURANCE DATE tMr�rDDl�rrY Y� Accmcii CERTIFICATE OF THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CgliTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED DED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED ED REPRESENTATIVE ESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: I TANT: If the certificate holder is an ADDITIONAL INSURED, the policy(le) 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 riot confer rights to the certificate holder In lieu of such endorsements). PRODUCERCONTACT PR Patriot Risk Insurance Services 2415 Campus Drive, Suite #200 Irvine, A 92612 www.patrisk.com .corn 0 07568 NAME: PHONE o, Ext); 486-7900 FAX itirc No E-MAIL ADDRESS: INSURERS) AFFORDING COVERAGE NA1C # _ INSURER A : XL insurance America, Inc. 24554 INSURED Eagle Paving irl r i kp C1 f, Inc. dbal.Toro Engineering 13915 Danielson Street, Suite #201 Poway CA 92064 INSURER B . Greenwich Insurance Company -- 22322 INSURER C : Great American Insurance Company 16691 INSURER D : Insurance_Company of the West 27847 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 67971875 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE ANCIE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING TANDING 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, 1NSR LTR , TYPE OF INSURANCE --+— ADDL.UBR IN D • WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (1M/DDI YYY) LIMITS A If COMMERCIALGENERALLIABILITY l P -100 0-01 9/1/2021 9/1/2022 EACH OCCURRENCE $ 1,000,XX° CLAIMS -MADE i OCCUR PREMISES (Ea occurrence) $ 300,000 If Deductible $1,000 PD MED EXP (Any one person) 5,000 PERSONAL & ADV INJURY : $ I 000,000 GENII- AGGREGATE LIMIT APPLIES PER: GENERAL REC ATE $ 2,000,0 0 POLICY PE I LOC PRODUCTS - COMP/OP AOG 000,000 OTHER: B AUTOMOBILE LIABILITY i NBA-1003919-01 11/2021 9/1/2022 . peal iPdEIhGLE LIMIT 1 ,000,000 f 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 ardent) ' . r. Med Pay 5,0013 UMBRELLA LIAB ;f OCCUR TUE1 6721 05 . - 9/1/2021 _ 9/1/2022 EACH OCCURRENCE $ 0,000000 EXCESS LIAB I CLAIMS -MADE AGGREGATE ,000,000 DED I I RETENTION D WORKERS COMPENSATION AND E FLOYERS' LIABILITY T I N � 1 � f W D505O'17 02 9/1/2021 9/1/2022STATUTE OTH- ER. E.L, EACH ACCIDENT 'I ,000,00(� ANYPROPRIETORIPARTNEROf=t= OERJhAEi�BER EXCLUDED? EUT111E E.L. DISEASE - EA EMPLOYEE 1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below ! E.L. DISEASE - POLICY LIMIT 1 000 000 DESCRIPTION OF OPERATIONS { LOCATIONS ' VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: NC Street Resurfacing FY21f22 Project CIP 2-1. The City of National City, its elected officials, officers, agents, employees and volunteers are named as additional insureds with respect to liability as required by written contract Coverage is Primary and Non Contributory. Waiver of Subrogation applies. See attached endorsements *30-day notice of cancellation / 10-days for non-payment of premium. CERTIFICATE HOLDER _ CANCELLATION City of National City dio Risk Mangy r 1243 National City Blvd. National City CA 91950-4397 ACORD D 25 (016103) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Dave Jacobson 1 88- 015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 67971875 1 21/2 L/Au/wc/u a 1 Sondra Alvarado 1 4/28/2022 8:09:37 AM (PDT} 1 Page 1 of 20 Eagle Paving Company, Inc. , dba: Toro Engineering POLICY # . : P 41 OO O-0l COMMERCIAL GENERAL maiury M20101219 THIS ENDORSEMENT CHANGES THE POUCY PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Location s Of Covered 0;* orations Blanket as requiredi contract. . Blanket as required by written contract. information re uired to corn et --this Scheduleif not shown above will be shown in the Declarations. i Section II ,u Who Is An Insured Is amended to include as an additional Insured the person(s) or organizalion(s)shown .in the Schedule, but only with respect to pliability for todlly injury"„. "propel damage" or "personal and advertising injury' caused,, in whole or In part, 1. Your acts or omissions; r Zit The acts or omissions of those acting your behalf; In the performance of your ongoing operations for the additional Bred at the looation(s) designated above. However: . The insurance afforded to such additional Ensured only appties to the extent permitted by law; and 2• If coverage provided to the additlo.nal insured is requited by a cohlred or agreement, the Insurance afforded to such additional Insured will not to broader than that which you am required by the contract or agreement to provide. for such additional insured. O With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This Insurance does not apply to "bodily injury" or nproperty damage" Deng after tk worKincluding materiel% parts or equipment furnished In connection with such work, o . the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional. in at the location of the covered operations has been completed; or 4 That portion f "your work" out of whit. the Inlury or damage arises has been put to its intended use by and person or organization other than another contractor or subcontractor engaged in perroming operations for principal as a part the same project. CO 20 10 12 19 eri Insurance Services Office, Inc., 2018 page of 2 6797187S 1 21/ GL/AU/WC/UMB 1 Sondra Alvarado 14/28/2022 8:09:37 AM (PDT) 1 Page 2 of 20 i With respect to the insurance afforded to these additional insureds, the following is added to Section lit imk Limits Of insurance: if coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: r Required by the contract or agreement; or Page 2 of 2 24 Available under the applicable limits of insurance; whichever is less. This endorsement shag not increase the applicable limits of insurance. Insurance Services Office, Inc., 2018 G 20 10 12 19 67971875 1 21/22 GL/AU/WCJUMU I Sondra A1lrarado 1 4/ 8/ 02 8:09:37 AM (PDT) 1 Page 3 0f 20 Eagle Paving Company, Inc. dba: Toro Engineering ICY NUMBER: 1P-1 0O-0i COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS Thin endorsement modifies insurance provided under the following: COMMERCIAL GENERAL !Amur/ COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or 0 anizationCs} Location And Descri lion Of Corn • !cited 0 orations Blanket as required by written contract . • lankrequired by written contract. Information r* • Liked to corn • tete this Schedule; If not shown abovewill be shown In the Declarations. Ali Section t Who is An insured Is amended to include as additional insured the person(s) or orga shown in the Scheduler but only with respect to liability for "bodily .injury" or "property damage" caused, in whole or in part, by °your works at the location designated and described in the Schedule of this endorsement performed for.that additional Insured and included in the Alted oper4lons hazard°, However: I, The insurance afforded to such additIonal insured only applies to the extent permitted by lam and 2. If coverage molded to the additional insured is required by a contract or agreement/ the insurance afforded to such additional Insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. t With respect tothe insurance affordedto these additional insureds, the Mowing Sermon ill — Limes Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional Insured is the amount of insurance: rt RequIred by the contract or agreement; or Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable Omits of insurance4 CG Insurance Services Office, Inc., 2018 Page of 67971875 1 21/22 GII/AU/vac/UMB 1 Sondra Alvarado 1 4/28/2022 $:09 ; 37 AM (PDV 1 Page 4 of 20 ENDORSEMENT This endorsement, effective 12 1 asm, 09r01 / 021 , forms part of Policy . NPC 100 0-01 issued to Eagle Paving Company, Inc. dba: Toro Engineering by XL Insurance America, inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY XL Plus Endorsement This endorsement modifies Insurance provided under the following: COMMERCIAL E ERAL LIABILITY CVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. The following listing is a general coveraa description only. Limitations and exclusions may apply to these coverages. Read this endorsement carefully to determine rights, duties, and what is and is not covered. A. Reasonable Force Bodily Injury or Property Damage age B. Damage To Premises Rented To You Extension • Perils of fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage • Limit increased to $300,000 C. Aircraft Chartered with Crew D. Non -Owned Watercraft E. Personal and Advertising Injury Assumed by Insured Contract F, Increased Supplementary entary Payments • Cost for bail bonds increased to $5,000 • Loss of earnings increased to $1,000 per day G. Broadened Named Insured Ho Blanket Additional Insured — Managers or Lessors of Premises 1, Blanket Additional Insured — Lessor of Leased Equipment . Injury to Co -Employees and Co -Volunteer Workers K. Knowledge and Notice of Occurrence or Offense L. UnintentionalOmission M. Liberalization 1, Blanket Waiver of Subrogation . incidental Medical Malpractice Injury P. Extension of Coverage — Bodily Injury Coverage Territory Form XIL 436 1208 el 2008, XL America, Inc. includas copyrighted materla0 of Insurance services Mice, Inc., with Its permission. Page 1o1 67971875 1 21/22 L/AU/WC/UMB 1 Sondra Alvarado I 4/28/20 8; 09 37 AM (PDT) I Page 5 of 20 Eagle Paving Company, Inc. dba: Toro Enpeerin POLICY NUMBER: NBA-100 91 -01 XIC 421 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XL PLUS BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies Insurance provided under the follow ng: BUSINESS AUTO COVERAGE FORM COVERAGE DESCRIPTION A4 Temporary Substitute Auto Physical Damage B. Who Is An Insured 1, Broad Form Insured Employees As Insureds 3. Additional Insured By Coact, Agreement or Permit 4. Employee Hired Autos C. Supplementary Payments D. Amended Fellow Employee Exclusion E. Physical Damage Coverage 1. Rental Reimbursement 2. Extra Expense,- Broadened Coverage 3. Personal Effects Coverage e Lease Gap 64 Glass Repair Waiver Of Deductible F. Physical Damage Coverage Extensions 1. Additional Transportation Expense 2. Hired Auto physical Damage G. Business Auto Conditions 1, Notice Of Occurrence 4 Waiver Of Subrogation 3. Unintentional Failure To Disclose Hazards 4. Primary insurance H. Bodily Injury Redefined Extended Cancellation Condition MC 1 1013 2013 Xi. Americas Inc. All Rights Reserved. May note copied without permission. includes copyrighted material of Insurance Services Office, Inc.. with its permission. Page 1 of 67971875 1 21/22 GL%AU/wC/UMB 1 Sondra Alvarado I 4J2 /20 6:O9: 7 AM (PDT) 1 ?age 14 of 20 A. Temporary Substitute Auto Physical Damage SECTION I — COVERED AUTOS, C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos is changed by adding the following: If Physical Damage coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Physical Damage coverage: 1. Any 'mite you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; co Servicing; do "Loss"; or e. Destruction. B. Who Is r Insured SECTION II — COVERED AUTOS LIABILITY COVERAGE Ad Coverage, 1 Who is An Insured is changed by adding the following: 1. Broad Form Insured For any covered "auto", any subsidiary, affiliate or organization, other than a partnership or joint venture, as may now exist or hereafter be constituted over which you assume active management or maintain ownership or majority interest, provided that you notify us within ninety (90) days from the date that any such subsidiary or affiliate is acquired or formed and that there is no similar insurance available to that organization. However, coverage does not apply to "bodily injury" or "property damage* that occurred before you acquired or formed the organization. . Employees As Insureds Any "employee of yours Is an insured" while using a covered "auto" you don't own, hire or borrow. in your business or your personal affairs. dditional Insured By Contract, Agreement Or Permit Any person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is provided under this policy, provided that the "bodily injury' or "property damage" occurs subsequent to the execution of the written contract, agreement or permit a Employee Hired Autos XIC 421 1013 n "employee# of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that jemployree's" name, with your permission, while performing duties related to the conduct of your business. ei 2013 XI. ern a rica, Inca l l Rights Reserved, May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission, Page 2 of 67971875 I 21/22 GL/AU/i /TOMB 1 Sondra Alvarado I 4/28/2022 8:09 37 AM (PDT) 1 Page 15 of 20 SECTION IV — BUSINESS AUTO O IDITI I , B, General Conditions, 5, Other Insurance, be is replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered *autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee under a contract in that individual "employee's name, with your permission, while performing duties related to the conduct of your business. However, any *auto" that is leased, hired, rented or borrowed with a driver is not a covered 4autor, C. Supplementary Payments SECTION tl — COVERED AUTOS ummurif COVERAGE, A. Coverage, 2, Coverage Extensions, a, Supplementary Payments is changed as follows: Item (2) is deleted and replaced by the following: (2) Up to , 00 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident' we cover. We do not have to furnish these bonds. Item (4) is deleted and replaced by the following: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. Amended Fellow Employee Exclusion SECTION II — COVERED AUTOS LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee does not apply. The insurance provided under this Provision 11 is excess over any other collectible insurance. 1 E. Physical Damage Coverage SECTION ill — PHYSICAL DAMAGE COVERAGE, Aa Coverage is changed by adding the following: L XIC 421 1013 Rental Reimbursement as We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies In addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. b. We will pay only for those expenses incurred during the policy period beginning twenty-four (24) hours after the #loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: 40 2013 X.L. America, Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 3 of 67971875 1 21/22 CL/AU/WC/UMB I Sondra Alvarado 1 4/28/2022 8:09:37 AN (PDT) 1 Page 16 of 20 (1) The number of days reasonably required to repair or replace the covered `auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. (2) Thirty (30) days. o, Our payment is limited to the lesser ofthe following amounts: (1) Necessary and actual expenses incurred. (2) $50 any one day per private passenger "auto" 1 0 any one day per truck; $1,500 any one period per private passenger "auto"; $3,000 any one period per truck; or Higher limits if shown elsewhere in this policy. da This coverage does not apply while there are spare or reserve "autos" available to you for your operations. If "loss" results from the total theft of a covered "auto' of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. Extra Expense Broadened Coverage We will pay for the expense of returning a stolen covered "auto" to you. 3, Personal Effects Coverage If you have purchased Comprehensive Coverage on this policy for an "auto* you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for "personal effects" stolen from the *auto". As used in this endorsement, "personal effects" means tangible property that is worn or carried by an "insured". "Personal effects" does not include tools, jewelry, money or securities. 4. Lease Gap XIC 421 1013 In the event of a total "loss" to a covered "auto" shown in the Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b* Any: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties Imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life insurance, Health, Accident or Disability Insurance purchases with the loan or lease; and (5) Cary -over balances from previous loans or leases. 2013 X.L. America, Inc.' All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its periion. Page 4 of 67971875 I 21/22 L/AU/WC/tJMB 1 Sondra Alvarado 4/2B/2022 8:09:37 AM ( Dal I Page 17 of 20 Glass Repair- Waiver Of Deductible No deductible applies to glass damage if the glass is repaired rather than replaced. F. Physical Damage Coverage Extensions SECTION HI - PHYSICAL DAMAGE COVERAGE, Al Coverage, 4, Coverage Extensions is amended by the following: Additional Transportation Expense Sections a. and b. are amended to provide a limit of $ 0 per day and a maximum limit of $11000. 4 Hired Auto Physical Damage The following section is added: Any "auto' you lease hire, rent or borrow is deemed to be a covered "auto" for physical damage coverage. The most we will pay for each covered °auto" is the lesser of: (1) the actual cash value; (2) the cost for repair or replacement; or (3) $50,000, or higher limit If shown on the Declarations for Hired Auto Physical Damage Coverage. For each covered "auto" a deductible of $100 for Comprehensive Coverage and $1,000 for Collision Coverage will apply. • Business Auto Conditions SECTION IV - BUSINESS AUTo CONDITIONS, A, Loss Conditions is changed by the following: 0 Notice Of Occurrence XIC 421 1013 Section 2. - Duties In The Event Of Accident, Claim, Suit Or, Loss, as is changed by adding the following: If you report an injury to an "employee" to your workers' compensation carrier and if it is subsequently determined that the injury is one to which this Insurance may apply, any failure to comply with ► this condition will be waived if you provide us with the required notice as soon thereafter as practicable after you know or reasonably should have known that this Insurance may apply. Waiver Of Subrogation Section 5, Transfer Of Rights of Recovery Against Others To Us is changed by adding the following: However, this Condition does not apply to any person(s) or variations with whom you have a written contract, but only to the extent that subrogation is waived prior to the "acciden" or the "loss under such contract with that person or organization. CI 2013 X.L. America, Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance San/leas Office, Inc., with its permission. Page 6 of 57971875 1 21/22 L/hTJ/GEC/UMB 1 Sondra Alvarado 1 4/28/2022 8:09:37 AM (PDT) 1 Page 18 of 20 SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions is changed by the following: 3. Unintentional Failure To Disclose Hazards The following condition is added: Your unintentional failure to respect disclose lllcoveragehr ofthe inception date of the policy shall not prejudice any insured withrespect the afforded by this policy, , Primary Insurance Condition 5. Other Insurance is changed by adding the following: For any covered "mite this insurance shall apply as primary and not contribute with any other insurance where such requirement is agreed in a written contract executed prior to a "loss. Hn Bodily Injury Redefined SECTION V —DEFINITIONS, C. "Bodily injury" is replaced by the following: "Bodily injury} means bodily injury, sickness or disease sustained by a person including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. L Extended cancellation Condition COMMON POLICY CONDITIONS (Form IL 0017) A. cancellation, 2.b. is replaced by the following: The greater of sixty days or the time required by any applicable state amendatory endorsement before the effective date of cancellation if we cancel for any other reason. All:other terms and conditions of this policy remain unchanged. XIC 421 1013 • 2013 X.L. America, Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of insurance Services Office, Inc.. with its permission. Page 6 of 67971875 1 21/22 GL/Au/wc/uMB 1 Sondra Alvarado 1 4/28/2022 S :09 ; 37 AM (PDT) Page 19 of 20 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -BLANKET (Ed. 8-00) 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 ed in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 3% of the total California Workers' Compensation premium otherwise due. Schedule Person or Orcianization Job .Description ANY PERSON OR ORGANIZATION FOR WHOM THIS WAIVER IS REQUIRED. Policy Number:WSD505017502 Endorsement Effective: /11 1 Issue Date: 04/28/2022 WC 99 06 34 6797 51• 1 / GL/AU/WC/IJMB I Sandra Alvarado ALL CALIFORNIA OPERATIONS. Insured: Eagle Paving Company Inc. dba: Toro Engineering Coverage Provided by: Insurance Company of the West Countersigned by: A/. 4/ 8/ 022 8:0 :3'7 AM ( LT) Page 20 of 20