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HomeMy WebLinkAbout2022 CON SWCS Inc. - Police Pistol Range HVAC and Safety Improvements CIP No. 20-05OWNER - CONTRACTOR AGREEMENT EEMENT Police Pistol Range HVAC and Safety Improvements Ci,P NO. 20-05 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and SWCS Inc. "Contractor"), 11653 Riverside Dr., Ste. 1531 Lakeside, California 92040 on the 6thda f December, 2022 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 stisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DIRIMINTION 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' COMPENSATION INSURANCE a) By my signature hereunder, as ontractor, 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 t.o 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 ofthe terms ofthe 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 terra 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 fake claim is submitted to the Owner, it may be considere6 fraud. and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 150, 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: itial) (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: ejandra So``elo Mayor, City of National City A'PROVED AS TO FORM: By: Barry Schult Interim City Attorney Contractor: CLIto er/Officer gnature) __ rani (9 Srti Vfr9Kflbr' E Pr! t rre and title sig, . ure i a orporatiort) eVg 6,1 dthirhi ifart Print name and title 66fLot �I Contractor's City Business License No. 43 VP) /r - '1751C C 7F-0)6 LP 11P2-811)3 State Contractor's License No. and Class I1N53 rl)yt/yr1,t IS3 Business street address LG+lufiplk 2p4-1o 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 (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 I IIT , BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. EXHIBIT B CONTRACT PRICE Bid for Police Pistol Range HVAC and Safety improvernents - SWCS Inc. Item Section Description Unit Quantity Unit Price — Line Total 1 Base Bidincludes Provide Lump Sum cost for the required items as described in the design package. Cost but not limited to demolition of existing features, purchase and installation of all specified materials, general trade items, electrical trade items,. and final system commissioning. LS 1 $619,311.00 Subtotal $619311.00 Additive Bid Provide daily rate for as -needed 24-hour fire watch if dampers connected to alarm system or sprinklers need to be removed, replaced or adjusted. See additional description of fire watch requirements in the specifications. Note, this item will be used under a change notice if services are required and the duration will be deterrnined in coordination with the contractor, the construction manager and the city. LS 1 $4,800.00 $4,800.00 i if-rrotoI $4.800.00 ic: i, 5624,111.00 CORPORATE CERTIFICATE tr-7 certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract;that 4-6-72 fTh ,who signed said contract on behalf of the Contractor, was then ,(J.-'n-t-- 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, 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 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: CALIFORNIA NATIONAL y City of National City (To be submitted only when there are no employees subject to Workers'Compensation) DECLARATION AND ADDENDUM TO ALL CONTRACTS AWARDED TO: 1S-- [10 1,tit! Inc (Company Name) For the purpose of inducing the City of National City to go forward with any contracts awarded to SkuS �nG 5 (pnt?ni( ,(rnifi» (Company). I declare as follows: (name) f & ` P'r( f / 41/170-- (me) am authorized to execute this document on behalf of _(company) with respect to compliance with the California Workers' Compensation and Labor laws. All work required will be performed personally and solely by volunteers of l- 1` -t (company), who are independent contractors. If, however, /Aft d I (company) shall ever be required to hire employees or Subcontractors to perform this contract, c CS C (company) shall obtain Workers Compensation Insurance and/or provide proof of workers' Compensation Insurance coverage to the City of National City. This document constitutes a declaration by ( J ? (company) against its financial interest, relative to any claims which may be asserted under the California Workers' Compensation and/or Labor laws against the City, of National City relating to any bid or contract awarded w- (company). 5w( Ins (company) will defend, indemnify, and hold harmless the City of National City, its officers and employees, from any and all claims and liability, including Workers' Compensation claims and liability that may be asserted or established by any party in the event it hires an employee in violation of this addendum or if a volunteer of the organization makes a claim against or aiieges liability of the City of National City for workers' Compensation, and it will further indemnify the City of National City, its officers and employees, for all damages the City thereby suffers. I agree that these declarations shall constitute an addendum to any bid or contract awarded to: Dated: fVG0-41 j'] , 20 z L (company) V\11 (,, \.) (- (Insert company name in all caps) p) By d ure o �d-KAsenfatrve) SIM if() j fir(j1 6(61E, (Nance and Title) Bond no. 6131044791 Premium: ium: , .0 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. n the 6th day of Pecernber,202,Z, has awarded SWCS Inc. hereinafter designated as the "Principal", for the POLICE PISTOL RANGE HVAC AND SAFETY IMPROVEMENTS, TS, CRP NO.. 2O 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 United States Fire Insurance ampan as surety, rheld nd firmly bound unto the City of National city, hereinafter called the "City", , in the penal sum of Six Hundred Twenty-four Thousand, One Hundred Eleven ($624,111 ($624,111.001 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, shalt in all things stared 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 Suretyabove named,on the l tl of November 0 2 . p day , II , Inc., dba Southwest Construction Services, Inc. United States Fire Insurance Company (SEAL) (SEAL) J4A-_(SEAL) '-'� ���� (SEAL) Tara Bacon, Attorney -in -fact (SEAL) V l,t (SEAL) Surety Principa 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 11/17/2022 before me, Samantha Smith, Notary Public (insert name and title of the officer) personally appeared Stephanie Smith 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 hand and official seal Signature (seal) IMEL }OMB. Alp SAMANTHA SMITH r. Notary Public • California San DteRo County Curirrii5sion a 2286053 - my Comm. Expires Aar 23, 2023 see attached Notary Acknowledgment PERFORMANCE BOND ATTORNEY-1N-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 1 NOTE: The Attorney -in -fact must attach a Surety must be properly acknowledged. 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 112--beforeme, Minna Huovila, Notary Public (insert name and title of the officer) personally appeared Tara Bacon who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare 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 l 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 (Seal) I' IN IA HUoff'I1. COMM. #2313883 NOTARY PUBLIC-CALIFORNIA LO SAN DIEGO COUNTY My Commission Expire DECEf BEP 6, 2023 POWER ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE .. M RRI T WN, NEW JERSEY 87171 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws ofthe state ofDelaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Lawrence F. McMahon, Sarah Myers, Lilia De Loera, Janice Martin, Dale G. Harshaw, John R. Qualin, Geoffrey Shelton, Tara Bacon, Minna Huovila, Maria Hallmark each, its true and lawful Attorney s-InFact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties: Fifty Million Dollars $ , ,0 . This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article 1Il thereof, which Articles provide, in pertinent part: Article I, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairmen of the .Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any con acts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recogni ances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal ofthe Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. T.he signature of any officer authorized by the Coiporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instrutnents similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers ofthe Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS %WHREF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 28th day of September, 2021. UNITED STATES FIRE INSURANCE COMPANY Matthew E. Lubin, President State of New Jersey} County of Morris On this 28th day of September, 2021, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instillment and affixed the seal ofUnited States Fire Insurance Company thereto by the authority ofhis office. Ivie,t(44-044 Vd644409-ei Melissa H. D'Alessio (Notary Public) 1, the undersigned officer ofUnited States Fire Insurance Company, a Delaware corporation, do hereby certif that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked, IN WITNESS WHEREOf I haw hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the 1 th day of November 2 UNITED STATES FIRE INSURANCE COMPANY .117 Michael C. Fay, Senior Vice President PAYMENT EI T BOND Bond no. 6131044791 Premium: Included in Perfomiance Bond WHEREAS, the City Council of the City of National City, by Resolution No. 0 2- on the r dayolimpgcprOpriLmz has awarded SWCS Inc. , hereinafter designated as the "Principal", for the POLICE PISTOL RANGE HVAC AND SAFETY IMPROVEMENTS, CIP NO. 20-05 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 United States Fire Insurance Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of i __H n r d Twenty-four Thousand One Hundred Eleven L$624,111OO1 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 Cyril Code, or amounts due under the Unemployment Insurance Code with respect to work r 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 ttorney's fe, to be fixd by thCourt. 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 ofclaimants 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 22 and Surety above named,on the '17th of November 20 _ day LI Wed Stats Fire Insurance Company L 0A Fj. Tara Bacon, Attorney -in -fact Surety {SEAL} (SEAL) (SEAL) Inc., dba Southwest Construction Services, Inc. (SEAL) L, v t UQM &tn Principal (SEAL) (SEAL) 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 11/17/2022 before me, Samantha Smith, Notary Public (insert name and title of the officer) personally appeared Stephanie Smith 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. 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 (seal) SAMANTHA SMITH :�. Notary Public - California San Diego County Commission 2286053 my Comm. E Aires .Apr 23,, 2023 see attached Notary Acknowledgment ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE 0 F -- - -- - - - ) COUNTY OF !Mi•=••=•INL)11 } ss On this day of ............., ......... , 20..._...,_.R,,. 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 • w h +r+�-ter 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: A7TACH 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 10.466 ) �) 3g):2---1 before me, Minna Fluovila, Notary Public (insert name and title of the officer) personally appeared Tara Bacon who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ai- 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 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 (Seal) MINNA HUOVILA COMM, #2313883 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY My Commission Expires DECEMBER 6, 2023 POWER F ATTORNEY UNITED STATES FIR, IN UR .N E COMPANY PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY 87171 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws ofthe state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Lawrence F. McMahon, Sarah Myers, Lilia De Loera, Janice Martin, Dale G. IIarshaw, John R. Qualin, Geoffrey Shelton, Tara Bacon, Minna Huovila, Maria Hallmark each, its true and lawful Attorneys -In-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected offi.cers of United States Fire Insurance Company at its principal office, in amounts or penalties: Fifty Million Dollars 0,000, 0 . This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically maned therein and they have no authority to bind United States Fire Insurance Cornpany except in the manner and to the extent therein stated. This Power of Attorney is granted pursuant to Article IV of theBy-Laws of United States Fire Insurance Company as now in Lull force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Cha%an of the Board, President, any Vice -President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf ofthe Corporation: a to execute, affix the corporate seal manually or by facsimile to, acknowledge,verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, .mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing ing the seal ofthe Corporation. Article III, Officers, Section 3,11, Facsimile Sig -natures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one mother in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers ofthe Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Cotporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shah have been such officer or officers of the Corporation notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, F, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto mixed this 28th day of September, 2021. UNITED TATES FIE INSURANCE COMPANY Matthew E. Lubin, President State of New Jersey} County of Morris } On this 28th day of September, 2021, before me, a Notary public ofthe State of New Jersey, came the above named officer of -United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. de(4, xe1/2004sto, Melissa H. D'Alessio (Notary Public) I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHERE1 have hereunto set my hand and affixed .ed the corporate seal of United States Fire Insurance Company on the 1 th day of November 2 UNITED STATES FIRE INSURANCE COMPANY Michael C. Fay, Senior Vice President CALIFORNIA --F I c y 13zify nvcoutponKrgo City of National City INSURANCE REQUIREMENTS Please forward to your Insurance Agent immediately PRIOR to performing services for the City of National City, the City must have current Certificates of Insurance on file for all companies, contractors, and consultants. Re Insurance Certificates per the it rs A regiment: Professional Liability Insurance (errors and omissions) with minin um limits of 1 M per occurrence (if applicable) Commercial General Liability coverage with limits of coverage at least $2M per occurrence/$4M aggregate or in the alternative limits of at least 1 M per occurrence/UM aggregate with M umbrella or excess coverage; this is subject to a discretionary review for services to be rendered wherein a greater level of coverage may be required: Must include separate endorsement adding as additional insureds: The City of National City, its elected officials, officers, agents, employees and volunteers". The actual endorsements or policy language regarding automatic additional insureds must be provided. General aggregate limits must apply solely to this "project" or "location". This "project" or }"location;' rust be identified with specificity on a separate endorsement. Commercial Auto Liability coverage with limits of coverage of at least Si M, Combined Single Limit; this is subject to a discretionary review for services to be rendered wherein a greater level of coverage may be required: Must include "any°" auto. Must include separate endorsement adding as additional insureds: "The City of National City, its elected officials, officers, agents, employees and volunteers". The actual endorsements or policy language regarding automatic additional insureds must be provided. Workers' Compensation coverage to meet California statutory limits, plus employers liability coverage of coverage as set out in the agreement with the following stipulations: Q Workers' Compensation Waiver of Subrogation in favor of the City is required. If there are no employees subject to Workers Compensation law, submit a signed Declaration (provided on next page). Deductibles or Sifts (Self -Insured Retention) in excess of $10,000 must be disclosed. CERTIFICATE HOLDER: City of National City, c/o Risk Manager 1243 National City Boulevard, National City, CA 91950.4397. Insurance Document submittal: Email insurance certificates to Tirza Gonzales in Engineering/Public Works Department (1gonzalesnationalcitvca.qov); her telephone number is (619) 336 Mail the certificates and endorsements to: City of National City clo Risk Manager 1243 National City Blvd National City. CA g 1 g 4397 Questions: Risk Manager: (619) 336-4370 Office Assistant: (619) 336-4232 PRIOR to performing services for the City of National City, the City must have current Certificates of Insurance on file for all companies, contractors, and consultants. Re Insurance Certificates per the it rs A regiment: Professional Liability Insurance (errors and omissions) with minin um limits of 1 M per occurrence (if applicable) Commercial General Liability coverage with limits of coverage at least $2M per occurrence/$4M aggregate or in the alternative limits of at least 1 M per occurrence/UM aggregate with M umbrella or excess coverage; this is subject to a discretionary review for services to be rendered wherein a greater level of coverage may be required: Must include separate endorsement adding as additional insureds: The City of National City, its elected officials, officers, agents, employees and volunteers". The actual endorsements or policy language regarding automatic additional insureds must be provided. General aggregate limits must apply solely to this "project" or "location". This "project" or }"location;' rust be identified with specificity on a separate endorsement. Commercial Auto Liability coverage with limits of coverage of at least Si M, Combined Single Limit; this is subject to a discretionary review for services to be rendered wherein a greater level of coverage may be required: Must include "any°" auto. Must include separate endorsement adding as additional insureds: "The City of National City, its elected officials, officers, agents, employees and volunteers". The actual endorsements or policy language regarding automatic additional insureds must be provided. Workers' Compensation coverage to meet California statutory limits, plus employers liability coverage of coverage as set out in the agreement with the following stipulations: Q Workers' Compensation Waiver of Subrogation in favor of the City is required. If there are no employees subject to Workers Compensation law, submit a signed Declaration (provided on next page). Deductibles or Sifts (Self -Insured Retention) in excess of $10,000 must be disclosed. CERTIFICATE HOLDER: City of National City, c/o Risk Manager 1243 National City Boulevard, National City, CA 91950.4397. Insurance Document submittal: Email insurance certificates to Tirza Gonzales in Engineering/Public Works Department (1gonzalesnationalcitvca.qov); her telephone number is (619) 336 Mail the certificates and endorsements to: City of National City clo Risk Manager 1243 National City Blvd National City. CA g 1 g 4397 Questions: Risk Manager: (619) 336-4370 Office Assistant: (619) 336-4232 Cityof National City BUSINESS TAX CERTIFICATE "For Services Provided in National City, California Only" Business Name SWCS, INC. Business Location 11653 RIVERSIDE DR STE 153 LAKESIDE, CA 92040-2371 Business Owner(s) SWCS, INC. SWCS, INC. 11653 RIVERSIDE IDE DR STE 153 LAI ESIDEr CA 040-2371 THIS BUSINESS TAX CERTIFICATE DOES NOT PERMIT A BUSINESS THAT IS C)THFR NISF PROHIRITFII - A iFORNI4 — l 1 Win ci i//, 2022 TO BE POSTED IN A CONSPICUOUS PLACE AND NOT TRANSFERABLE OR ASSIGNABLE Business Type Contractor General (Based Out Of City) Account Number 09048019 Effective Date Expiration Date January 01. 2022 December 31, 2022 City Manager NOTE: IT IS YOUR OBLIGATION TO RENEW THIS CERTIFICATE WHETHER OR NOT YOU RECEIVE A RENEWAL NOTICE For all inquiries regarding this certificate, contact HdL Business Tax Support Center at (619) 382-2596. SWCS, INC. Thank you for your payment on your National City Business Tax Certificate, ALL CERTIFICATES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST. If you have questions concerning your business license, contact the Business Support Center via email at: IationalCity HdLgov.cam or by telephone at: (619) 38 - 5 6 Keep this portion for your license separate in case you need a replacement for any lost, stolen, or destroyed license, A fee may be charged for a replacement or duplicate certificate. This certificate does not entitle the holder to conduct business before complying with all requirements of the National City Municipal code and other applicable laws, nor to conduct business in a zone where conducting such business violates law. If you have a fixed place of business within the National City, please display the Business Tax Certificate below in a conspicuous place at he premises. Otherwise, every Business Tao Certificate holder not having a fixed place of business in the City shall keep the Business Tax Certificate upon his or her person, or affixed in plain view any cart, vehicle, van or other movable structure or device at all times if required by the Collector. Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender -based discrimination of business establishments. A Bill notice is available in English or other languages by going to: https://www.cica.ca,gov/publicationsf GALIFOPNIA NAT 1 NAL CM' 1331 ttn gm pop% Pa Ir. 3U I IE S TAX CENTER 8839 , CEDAR AVE #212 SWCS, INC, 11653 RIVERSIDE DR STE 153 LAKESIDE, CA 92040-2371 SUPPO El El El 417. City of National City BUSINESS TAX CERTIFICATE Account Number: Date of Issue: 09048019 01/01/2022 4tel.October 20181 I ep rtment of the Treasury Imernal Revenue Service Request for Taxpayer dentification Number and Certification 0. Go to www.lir.govJFo,rrnW9 for instructions and the latest information. ,'are (as tho wr- on your income tax return). Name is required on triis line: do rot leave this line blank. SWCS Inc. Luba Southwest Construction Services 2 wines:-; riameidisregarJec.i E ntit'y name. if Ji 'far€nt ;r .rn a )ovs L Give Form to the requester. Do n o l send to the IRS. 3 Crte k a'l. oroprrate box for Ieoeral tax classification of the Jerson i t'rp4e name iS enterrec Sri lire ' l�l: y.�c 0r,1t} following seven boxes. inditAuallisole pr prietor Or s;n r te-r' 'er"rer LAG E14, COIrPOrati0-1 E one ,i Corporation El PartnersEli rjst hest tr Limited liability ornoa lv. Enter t`ze tax class :.; .b*. zC C cu{p }a::cry. S-4 corporation. P=Parkr rshiri Note: Check the appropriate box Sri the line above for tr'i~ tax classilicatror of the single -member own .i. Do not cPrcor LLC if the Lar$ classified as d single -member mb r L_C that :s disregarded corn the owner unless the owner of the Li-C is another LLC that Fs not disregarded from the owner for :. ;. ;ede.al tax pJrposes. Other1,' rse. a single -member LAC that is disre►gardeo from :he owner should check the appropriate box for :he tax classification tion c' its owner. Other isee ir.s4r uctikns; 5 Address crurriDer, street, and apt. or slte nc .; See instructicris. 11653 Riverside Dr Ste 153 6 City. state. and Lakeside A 9 040 7 List account numbers llere (optional) Part I 4 Exeinptbons (codes apply only to t'ertain entities. not indivuuucals: see nstructions on page ) .pt payee , cd 1i` arA Exe'nptior `rorr-I rATIJA code • ,- 1 Requester's name and acr d r+L ss (co it iah Taxpayer Identification Number (TlN) Enter your TIN in the appropriate box. The TIN provided must match the name given on lime 1 to a`woic bac-cup withholding. For individuals. this is generally your social security number ( N). However. for a resident sole proprietor, or disregarded entity, see the instructions for Part 1, later. For other entities, it is your employer identification number (EI. ). If you do not have a number. see How to get a TIN, later. Note: If :he account is in more than one name. see the instructions for line 1. Also see What Name and Number To GiVe the Requester for guidelines on wnose number to enter. Certification Under penalties of perjure. l certify tha : 1_ The number shown on this lorm is my coffee taxpayer cdenrtic :con T'tan er (or l arr waiting tor a n•vernher to be issued to rne). and 2. 1 am not suniect to backup withholding because. lad l am exempt from backup witnnolding or (b) I have not t been notified try the Internal Revenue Service (IRS) that I am subject to bacnwp withholding as a resJIT ot a Tailure to report all interest or dividends. or (iv) the IRS has not'tieti me ',hall arr no longer suotect to oackup vehholdirig: and I air a U.S. citizen or other U.S. person (defined oelow): aid Social security number or Employer identification number 5 0 7 8 '1 4. The FATCA codes) entered, on this form (if aver) nd cating tihat I am exempt from MICA reporting is correct. Certification instructions. You rnust cross out item 2 above it you have oeen notified by the IRS that you are currently subject to ac.icup withholding becaus, you have failed to reps all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acgJis'ttor or abandonment of secured property. tr 1c llatinn ct debt. contributions. to ar individual retirer rtent arrangement ORA), arc generally, payMents ether Irian interest and divideryrds, you are '3ot required to sign ;he cer:-ficaricr_ but you must provide your correct TIN, See the instructions tor Part 11. later. Sign Here Signature of U.S. person ► General Ins n See;}trot references -are to tfe internal Revenue Code unless otnermise rot - Future developments. For the latest information about developments related to Form VV-9 and its instructions. such as legislation enacted after they were published. go to www,rrs. gov/FormW9. Purpose of Form art iri, rvidual or entity (Form W-9 requester) who is required to file an in -formation return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (' ). individual taxpayer identification number (ITN). adoption taxpayer identification number (AT1N), or employer identification number (EN). fio report on an information return the amount paid to you. or other amount reportable on are information return. Examples of information returns include, but are not limited to, the following, • Form 1 O -1NT (interest earned or paid, Date go- V„_ 02 / • Form 109 DIVl (divider -Ids. irtcl rt#irr `hose from stocks or mutual funds) • Form 109 -MI 0 (various types of income, prizes. awards. or gross proceeds) • Form 1099-B +stock or mutual fund sales aria certain other transactions by brokers) • Form i g9- (proceeds trorn real estate, transactions) • Form 10 - (merchant card and third party network transactions) • Form 1098 'home mortgage interest). 1 8-E (student loan v-Itere.s:,. 1098--T (tut it l i Fortn r 9 - (canceled debt) • Form 1099- (acquisition or r.b►andonnter : of se -cured property) Use Form W-9 only if you are a U.S. person (including a resident alien. to provide your correct TIIV. If you do not return Form W-9 to tide requester with a TffSJ. you might e siJoject to backup wi!nholdi'ng. S eWhat. is backup withholding. is t&r. =_.aL o. 2. r-0rm W-9 f;ev. G-20t ACCAR,I7` SWCSMG01 BFENG CERTIFICATE OF LIABILITY INSURANCE DATE (MMWDD/YYYY) 11/17/2022 ,THIS CERTIFICATE IS ISSUED ED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY ELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INBURER(8), 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 # 0C36061 San Diego-Aliiant Insurance Services, Inc. 701 B St 6th FI San Diego, CA 9 101 INSURED SWCS, Inc DBA: Southwest Construction Services 11653 Riverside Drive, Ste.153 Lakeside, CA 92040 COVERAGES CERTIFICATE NUMBER: CODE CT Halley Aguirre A PHONE (AIC, No, Ext): FAX (A/C, No): DRESS: Hailey.Aguirre@alliant.com INSURER(S) AFFORDING COVERAGE INSURER A :Great American Assurance Company INSURER B :Allstate Insurance Company INSURER c : Great American Protection Insurance Company INSURER D : Insurance Company of the West INSURER E : INSURER F : NAIC 26344 1 232 38580 27847 REVISION NUMBER: THIS IS TO Ei TIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, EMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE ATE 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 11SURANCE A X COMMERCIAL GENERAL LIABILITY X CLAIMS -MADE [ X OCCUR Deductible: $5,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY OTHER: B X PJft LOC ADDLSUBR INSD wlwvi: POLICY NUMBER GLP4051269 AUTOMOBILE LIABILITY X X X ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY Auto Liab bed: $0 c X UMBRELLA LIAB EXCESS LIAB X SCHEDULED AUTOS NON -OWNED AUTOS ONLY 648921879 POLICY EFF POLICY EXP (MMIDD/YYYY) 4MMIDDIYYYY 2/10/2022 X OCCUR CLAIMS -MADE DED X {_RETENTION $ 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N/A UMB4051270 X WSD 506639 00 6/30/2023 211012022 2/1012023 LIMITS EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED PREMISES Ea accurrzn 50,000 MED EXP Any one person) PERSONAL & ADV INJURY $ GENERAL AGGREGATE Excluded 1,000,000 2,000,000 PRODUCTS -COMP/OP ACC 2,000,000 COMBINED SINGLE LIMIT 4Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident). 2/10/2022 6/30/2023 AGGREGATE 1,000,000 5,000,000 ,000,000 X P E 6/30/2022 6/30/2023E.L. EACH ACCIDENT Eh1T OTH- ER EL. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT 1,00 ,000 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS IVEHICLES ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Re: 22-051 Police Pistol Range HVAC Safety TI The City of National City, its elected officials, officers, agents, employees and volunteers are named as Additional Insured, Waiver of Subrogation applies. CERTIFICATE HOLDER City of National City c/o Risk Manager 1243 National City Blvd National City, CA 9190-497 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) ID 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Great American Assurance uompany Policy number: GLP4051269 CG 20 37 (Ed. 07/04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, S, LESSEES OR CONTRACTORS ACTORS - COMPLETED OPERATIONS S This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY VEI A E PART Schedule Name of Additional Insured Person(s) or Or an i ation(s) : Any person or organization that "you" and such person or "Your work' performed during this policy period, organization have agreed in writing in a contract that such person or organization be added as an additional insured on "your" policy, but only for "your work" performed during Additional Premium: Included this policy period. Location and Description of Completed Operations: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. SECTION II - WHO Is AN INSURED is amended to include as are 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" at the location designated and described in the schedule of this endorsement performed for that Additional Insured and included in the "products -completed operations hazard." Copyright, ISO Properties, Inc., 2004 CG 20 37 (Ed. 07/04) (Page 1 of 1) ureat American Assurance uompany Policy number: GLP4051269 CG 20 33 (Ed. 07 04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II - WHO IS H INSURED is amended to include as an Additional Insured any person or organization for whom you are performing operations .when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an Additional In- sured on your policy. Such person or or- ganization is an Additional Insured only with respect to liability for "bodily injury," "prop- erty damage' or "personal and advertising in- jury" caused, in whole or in part, by: 1. your acts or omissions; or 2. the acts or omissions of those acting on your behalf; in the performance of your ongoing oper- ations for the Additional Insured. A person's or organization's status as an Ad- ditional Insured under this endorsement ends when your operations for that Additional In- sured are completed. B. With respect to the insurance afforded to these Additional Insureds, the following addi- tional exclusions apply: This insurance does not apply to: 1. "Bodily injury," "property damage" or "per- sonal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b. supervisory, inspection, architectural or engineering activities. . "Bodily injury," or "property damage" oc- curring after: a. 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 location of the covered operations has been completed; or b. 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 an- other contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. rn n 22 (Pei n7inzn Y. Copyright, ISO Properties, Inc., 2004 rear American Assurance urompany CG 25 03 (Ed. 05i09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED TEI CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Designated Construction Pr je t s : Any construction project where "you" are performing operations when "you" have agreed in writing in a contract or agreement that a separate General Aggregate Limit shall apply to such construction project, but only if "your work" on or at the construction project is performed during the period of this policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the Insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION I - COVERAGE E , and for all medical expenses caused by accidents under SECTION t - COVERAGE C, which can be attributed only to ongoing operations at a single designated construction project shown in the schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard," and for medical expenses under Coverage C regardless of the number of: a. insureds; b. claims made or "suits" brought; or c. persons or organizations making claims or bringing "suits." 3. Any payments made under Coverage A for damages or under coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage to Premises Rented to You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. O Insurance Services Office, Inc., 2008 CG 25 03 (Ed. 05/09) (Page 1 of 2) cireat American Assurance company B. For all sums which the Insured becomes legally obligated to pay as damages caused by "occurrences" under f 5 SECTION I - COVERAGE , and for all medical expenses caused by accidents under SECTION I - COVERAGE C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. 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 i,ri the "products -completed operations hazard" will reduce the Products -completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or 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. E. The provisions of SECTION III - LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. O Insurance Services Office, Inc 2008 CG 25 03 (Ed. 05/09) (Page 2 of 2) COMMERCIAL AUTO A.A CW 201011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT ENDORSEMENT Coverage provided under this policy is modified by the aftaohr ant of this endorsement. If there is ny conflict in coverage provisions between this form and any state specific endorsement also attached to this policy, the provision(s)of the state specific form shall apply. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM In SECTION 1- COVERED AUTOS, the following changes are made: The following is added: D. Physical Damage Coverage for Temporary Substitute and Leased Autos If Physical Damage e Coverage is provided by this policy, the following Finds of "autos" are covered "autos" for the same coverages provided by the policy: 1. Any private passenger "auto", or other than private passenger vehicle with gross vehicle weight of 20,000 lbs. or less, you do not own while used with the permission of the owner as a temporary substitute for a covered autos" you own that is out of service because of its: a. Breakdown; own; b. Repair; c, Servicing; d. "Loss"; or e. Destruction. 2 Private passenger "autos" and other than private passenger vehicles with gross vehicle weight of 10,000 lbs. or less, leased, hired, rented, or borrowed for a period of 30 days or less, This does not include any vehicle you lease, hire, rent, or borrow from any of your ",employees, or partners or members of their households. In SECTION Ii UABIUTY COVERAGE, the following changes are made: Under A. Coverage, Who Is n Insured, the following is added: Includes copyrighted material of Insurance Services Office, Inc,, with its permission d. Any organization, other than a partnership or joint venture, over which you maintain ownership or in which you hold a majority interest. This provision applies only if there is no similar insurance provided to that organization. e. Any organization you acquire or form after policy inception, other than a partnership or joint venture, over which you maintain ownership, or in which you hold a majority interest. Coverage under this provision does not apply; (1) If there is similar insurance provided to that organization; or (2) To "bodily injury" or 'property damage's that occurred before you acquired or formed the organization. f Any person or organization that you are required to name as an additional insured under the terms of a written job contract, or by written insurance requirements executed prior to any covered "loss" or claim. This protection applies only if the person or organization is liable for the conduct of an "insured" and only to the extent of that liability. Under A. Coverage, Coverage Extensions, Supplementary Payments, subparagraphs 2 and (4) are replaced with the following: (2) to $5,000 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. AA CW 20 10 11 Allstate Insurance Company [nsured Full Copy Page 1 of (4) All reasonable expenses incurred by the "insured" at our request, including loss of earnings up to $500 a day because of time off from work. Under B. Exclusions, 'ellow Employee, the following paragraph is added: But this exclusion does not apply to "bodily injury" to a fellow "employee" caused by any person whose position within the insured organization is at or above the level of manager or supervisor. Coverage afforded by this provision is excess over any other collectible insurance. In SECTION Ill - PHYSICAL DAMAGE COVERAGE, the following changes are made: Under A. Coverage, Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles, the following is added: If damage to glass is repaired in lieu of being replaced, no deductible will apply for repair only. Under A. Coverage, Coverage Extensions, the following is added: c. Personal Effects Coverage In the event of a total theft of your covered "auto', for which you carry either Comprehensive nsive or Specified Causes of Loss coverage, we will pay up t for the personal effects which are: 1. owned by you; and 2 in your covered "auto" at the time of the total theft of such "auto". No deductible applies to Personal Effects Coverage. Under Ai Coverage, the following is added: . Lease and Loan Gap Coverage In the event of a total "loss' to a covered "auto" shown in the Schedule or Declarations for which a specific premium charge indicates that physical damage coverage applies, 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 purchased with the loan or lease; and Carry-over balances from previous loans or leases. Under D. Deductible, the following paragraph is added: When Collision Coverage is provided by this policy, the deductible amount will not be subtracted from the loss payment in collisions involving your covered "auto" and another auto covered by Allstate Insurance Company or any of it's affiliates. In SECTION IV o BUSINESS AUTO CONDITIONS, the following changes are made: Under A. Loss Conditions, Duties in The Event Of Accident, Claim, Suit Or Loss Condition, the following is added under subpart a: knowledge of an 'accident" or "loss" by any of your agents, servants or "employees" shall not in itself constitute knowledge e by you, unless you or one of your corporate officers or managers, or any assignee, shall have received such notice from the agent, servant or "employee". When you report an occurrence of any "accident"' or "loss" to a Worker's Compensation carrier or self insured plan providing the named insured"s Worker's Compensation insurance which later develops into a claim submitted under this policy, failure to report such "accident" or "loss" to us at the same time shall not be deemed a violation of this condition. After you become aware of such liability claim arising from the "accident" or ''loss", you must give us prompt notice. Under A. Loss Conditions, Transfer of Rights of Recovery Against Others To Us, the following is added: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of work you perform under a contract with such person or organization, in which you have agreed to waive your right of such recovery{ Includes copyrighted material of Insurance Services Office, Inc., with its permission AA CW 20 10 11 Allstate Insurance Company Irlsijred FuI! Copy Page 2 of Under B. General Conditions, Concealment, Misrepresentation Or Fraud, the following is added: This condition does not apply to any omission or failure to r vid material facts if the omission or failure was unintentional. Includes copyrighted material of Insurance Services Office, Inc., with its permission AA CW20 10 11 Allstate insurance Company Page 3 of 3 Insured Full Copy WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE E POLICY r. { WAIVER OF OUR RIGHT TO RECOVER VE 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 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 r._ranition Any person or organization when required by written contract Job Description All California Operations Policy Number: ber: IlSD 5066398 00 Insured: SWCS, Inc. Endorsement Effective: 0 2 22 Coverage Provided by: Ins Co of the West Issue Date: 06/30/22 Countersigned by: WC 99 06 34 (Ed. 8-00)