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HomeMy WebLinkAbout2022 CON Ortiz Corporation - P1 Sewer Upsize Project - National City Blvd. CIP No. 20-01r OWNER - CONTRACTOR AGREEME T P1 SEWER UPSIZE PROJECT PHASE II NATIONAL CITY BLVD. T STREET CEP N. -1 This Owner -Contractor Agreement "r r nt") is made by and between the Cityf National nal City, 1243 National City Boulevard National City, California 91950 and Ortiz Corporation ("Contractor"), 2000 McKinley Avenue, National City, California 91950 n the 18th a of October, 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 toi the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such p rson's race, religious status, sex or age. S. AUTHORIZED IZED OWNER REPRESENTATIVES On behalf f thOwner, the Project Manager designated at thpre-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 Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation r to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance f the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three 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 tires during the term ofthis 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 LAIN, 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 Agreern•ent 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 f the date first written above. Owner: Aleja.ndr . t Io Mayor, City of Nationa APPROVED AS T FORM: By: Barry Schultz Interim City Attorney Contractor: Ortiz Corporation (Owner/Officer signature) Ma celino E. Ortiz, President Prin name and title col r o icer signature if a corporation) Aida Banghart, Vice President Print name and title 09007996 Contractor's City Business License No. Class A #602454 State Contractor's License Noe and Gass 2000 McKinley inley Ave. Business street address National City, CA► 91950 Cite State and Zip Cade EXHIBIT CONTRACT DO UME TS 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 MIS, MU, SAN A , Port of San Diego and all other agencies that may be adjacent and/or affected by the project. EXHIBIT CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH 81D SCHEDULE ITEMS) Exhibit B Contract Price Bid Results for Project P-1 Sewer LI size Pro ect Phase 2 (CIP No. 20-01 NOM. • • - - • - Number . • : . • . . ' Description ...- .-.'. • • : • Volt of Measure . QuaritJty . .... , • - - . --, - • .• • . . . Prtit.COrporatip.0.• 1 Mobilization/Demobilization , •:••$105'99:E:1'.. 2 Trafftc and PedetrIan Contro - • - • .$10-; 0 0,0_00;00 "•:• •i-. 4_..- 1,.1. .9.. .. SWPPP0 Water QuIIty Control..- .$• -• :_ .• . 15311 Surveying -4 .. A.•. _-a ...i•I .._...8-8..4•_4.!.2.:..• , 01Co V tY ..2 ...,..-• .. • / 1 \. Dewaterin: Mobilization and Demobilization { $ 8 Dewterin DAY io • . -• • • .• • - • • • : ' • : - • 1304 152. 'V..-V.- • 9 Clearin.. and 3rubbInj -w----- _ 1.0 . . Remove Existin 48" Sewer Manhole EA 3 - ' „:...y.. 12 Abandon Existin- Sewer Line IIIIIIIII250 ,. I.I......' .' ::•••••-• • 0....$o 13 byOen R._ 185'83 ...:::.:_j.::;••• -S1948.�0 14 . . . _..._....Trench -" • Pipe 400 - . - ":::.•$'1::47:9.:0 15 _ ._._ _______---- 5ewerManCIeanout1T peA EA '699.-: •• .,',..:.!....:::•,)- 16 5SewerManhole EA 6 :,.:,.... ... .:•3.: 8 2 . 17 EA .: .-.6,2‘..0' _......,, A72;05 • 18 Sewer Manhole InfiItraUon Covers EA • • -,• :,....,;.c...: . • • • 1 - '55-;36 ng EA 4 ...,.. ' '' ''-'96.';•72 g Fence . 60 •---.. - - : ... • A9Q;.40 215 hori fl: a nd B ra cg_ _ . . . _ 22Trafflc slEnal Loy Detector EA ::....-: .: .....$-. 4.1.4 • - . ' S49,08 EA 4 .24 Sewer Lateral) 4" 5DR35 PVC LF 170 ,...:..•.•,--.•:. IYC.1.0 25 -_,. . Trafflc 5Inrng and strl .In, PCC Curb and Gutter . $s,088 o - 08806 26 • 30 $81.50 .27 . PCC Sidewalk _ 28 PCC Cross Gutter : SF 40 .n. , • • • . ._ 29 ' EA • 30 Connect Existing Sewer to New Manhole : EA . ., 7. 31 14Access Road r SF 5000 :.. . --,...-.,:''''' ..'48 ••::':.::::,..521,400.00. 32 8" ACPavin , • TON . 500 ':..-...:-.. ..-.•$3038i ...:..,..!...:.:$1sli.:::90.40 :..',••.•:-...c. ,:;.k. 4.0 33 _ Removal, Disposal and Re ilacement of Unsuitable Non -Hazardous Soli TON 200 ‘••I • :8:.:. - 34 Removal, DIs °sal and Replacement of Hazardous Soil & Materials ; TON ioo' 121.' 74, . Subtotal S.1!631,-2.74::64 _'' ., !$1;631274•64 - Total CORPORATE CERTIFICATE I, Teresa O. Ortiz certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that larcelino E. Ortiz , who signed said contract on behalf of the Contractor, was then President of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, Teresa O. Ortiz certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Marcelino E. Ortiz Contractor, was then President 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: Teresa O. Ortiz, Scretary Bond No. 4461121 Premium: Inc. in Poi'. Bond PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 0- , on the 1 th day of October 2022 has awarded Ortiz corporation, hereinafter designated as the "Principal", the P1 SEWER ITPSIZL PROJECT PHASE II NATIONAL CITY BLVD. 30TH STREET, CIF NO. 20-01. WHEREAS, said Principal is required by Chapter 5 (commencing at Section3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond i.n connection with said contract; iOW, THEREFORE, we, the Principal and Markel Insurance Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Million Six -Hundred .and Thin One Thousand Two Hundred and ev nt1-For_ i . 4 1 0 (S1,631,274.64) 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 of the Revenue and Taxation Code, with respect to such work and labor thur ty will pay for thsame 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 22nd day of September Markel insuranc Company Q ' SEAL 31 Att:$ Bart Stewart, Attorney -in -Fact (SEAL) Surety Ortiz Corporation L� AL) i?CE'S SEAL) Principal POIVI. 510044 JOINT LIMITED POWER OF ATTO.RNEY giNOW ALL Mai BY THESE PR E T That Surelee Insurance . o p: n , # .Ccirpo ration duly or. era ted an d t#xi5t rg urger the lows i t he State of Texas and having its principal iffike in the County. f Harris, Teias :and Markel Insurance Company (the 1 ornpan 1, a corporation duiy ororganiked.and e.kis in uncle( lii ir Ogle tpte f Iiflr-r *, and Wing its Ontipal adriki 1.1 i ti re'office in Glen Arlen,. ViiTitilai doesbythie pre$ nts MA6, constitute an point: Bart Stewart 'Th it true and lawful a.g ntC5.) oiid.alto y(s).-in4 ct, each iri.tf it Separate capacity if re than arra it riar lei. a o 0., to make_rove.cute, 041 arid deliver for 2..nd o theft own b.e.halft indNi u liy as a surety or jointl . a - r ti s.r and.as Omit 0,0 and deed-a.n arnI all botldm and other r kiridertaltingin u.rety$1-lip provkie.d; r + + r# that the penal .sot• f bny on .sui h in.stru.r r)t x ot4 hereunder shall not exceed the sum tf Five Million and 001100 Dollars ($5,000,000,00) This Power of Attorney is ranted and is. signed ned and ; .cia f r# under aril by •the ith rity cif th f following Res Diutirrr d',p-te0 by the Board of Dlrt tars of &wee ingtirrinte Convoyand lvlarkel insUranCt Company: " E LED That the:ent, Senior ine.Presidiritr; .ice Plesident, Assi5tant Vice i r Skient, Stteta.irys Treasurer and 6 th oftii • ii h re f. 21.rttiized t e4ecute pr w .•rt Of attorney, end 5uci't aluthority sari be txecuted by use cif facsimile il. sign tur0, Whitt) may be attested d Or ackrga itcligad by any Oi"ffCer pr a tiorn the company,..qualifying thctattotnl f a Lorne $ tared i•ii the gverip t,~r of attorney,t tO:execute t behalf of, 4nti atkri *ied as The .art arailleedtA the t r : ' r. insurance .ornp °iv and Markel insurance Company, athe case may b; all bond u der°tak iri s and contracts of surety h.ij, and lco ail l t .c rpdrate.'50I tti r to," IN WEINES$ WI * It Markel insurance 03MparN.Orld tiireTec insuran,c . or pa_nyfiai co quid their•cfficiai Sp:1 to be htrcu to affixtKI and the present •ti hl signed _by th it duly authorized ed eficers op the 7th day..ur Devernber 2021 tyL SureTec Insurance Company Michaef,C, I ire ; { Pre i nt Connitkonwaelth a Virginia County of Henrico ,i4 *114'411.111.1*44+ iiiP11101WIL 1 ,S M 016N 4;'" oh .414104/1%rii 1" ill WO x rf el insur:a Ce Con1114FTY x '�yM (* r t i f nt oy Senior Vice President t n .thiS 7rh day a December, 2021 A, l), before me, allotary.Public of the Commonwealth. of Virginia, in and for the County of fienricoi dully coMtnissiOfiedAnd qii Maltz!, , came Tilt ABOVE OFYICMS or T e. CO P I : I to rye pits .rrraliy known to. he th . ndl kduul.. and officers described in, Who.exert ed the .precedir . inwtr1JPrneft, and they acknciwiedgki Lite.exoctition of sarne, arid bting.14 me LION .so,0r A ii pr :d z.rid isata that.:thoy.ar4 t hp r Pficers.al the laid convatile5 a: " rOsmfd, end that -the 54-al; ilitixeci to the r'ocoedirig instr rn.ent are. the ..or or .t Sais.of iid CotriptriiO4 and.thLaid• orpoirot.e .I and their si r etur s as ofi~icrt.Wire du1:v.4 bred and srtibstelbecl Irsitrorntnt by t r+. i i`ir deity .find dlr`ettion .Of tit said companiesi and that ike olutio.nN adopted by the BoarBoand of .directors of r ri i lr i s referred to ;n• the prect ding nstrurr> nt Is now in force, t , I A i 444 t Ito IN TESTIMONY l Pi hove" r. Utitr sot y ha ricd., one affixp m riaa1 • Lif�+-ye* ` 1' .i , ,o#` Haw col, the + 4r cl your first P 1�eiV . written_ , . t( '''''1.,..,„ H :Ar_. ob. pr ,ik N, ; i GommissioN ,Ip: : Lz-i----- : c-71 i NLIkkqlziR .,,o. ,RS.,.c :: fir - ilw 6 ei� We4. the undersigned # fficets of SureToc in tore6c Cornpiny and :arice-KHiAi�# '+ � r by certify that the .0rfgir+ai P r A IE r of whiche fot-e8c ng.i a full. tru and current copy is still in hilt force and .effect and s id. EN WITNESS +f-IC, E F, we !aye hete:LJnto s.et our hands, and affi ►o i the Seats of said . or a tes n'.th r�.d.:day.o f 5 pt rr b r 0 2 { 3y Sur ec lost' : re C.. pan M. r : t Beatt . ecrete Any Instrument Issued hi excess of the penalty stated above is totally void and without any validity, 510044 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. 'Dur7.no f ana arxt!Notary F ubIfe My t aromission a iros .1/»»./ . Markel Insurrntr Cornpony f ti (,.. ' 11.' 1 1- ' / ij 1 .` I . cr ''+ ` .� _ '* fir-- ' Richard II, Grinnani Vice Pr+ ider t rille r tary I ' ax � CALIFORNIA ACKNOWLEDGMENT CIVIL CODE i 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 or that document State of California County of San Diego } On Septmeber 22nd, 2022 before me. Genevieve Sistar Date personally appeared Here Insert Name and Title of the Officer Bart Stewart Nome(s) of Signer(s) who proved to nee on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the withal instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized cnpacity(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. GENEVIEVE S STAP Notdry Fatah( • (aiiforlia M{'M5,441 Nevi © (punt', C> mlf+i zan 1t 1311051 +1 comer Expire s1 Jan 8 1025 Ploce Notary Seal andior Stomp Above certify under PENALTY OF PERJURY under the laws of the Stake of California that the foregoing paragraph is true and correct. I1 NESS my hand and official seal Signstiirp OPTIONAL Signature of Notary Pubic Completing this information can deter alteration of the document or fraudulent reattachment of this fore to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Siagner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MI Corporate Officer - Title(s): i Partner - • t it iteci i General i Individual U Attorney in Fact MI Trustee • Guardian or Conservator • Other: Signer is Representing: Number of Pages: Signer's Name, ■ Corporate Officer Title(s). _ ■ Partner - ii Limited i General i Individual In Trustee i Other: Signer is Representing: i Attorney in Fact • Guardian or Conservator 2019 lational Notary' Association 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 40,6,o On fp": 242-2, before me, (irert name and title of thicer) personally appeared el-eftg"''7o 67. 0�"�� �'- c who proved to e on the basis of satisfactory evidence to be the person(s) whose naves isrr subscribed to the within instrument and acknowledged to me that heIs�e t ey executed the sane in hisihpfitOir authorized cap ity ies , and that by his/ er/t�eir signature on the instrument the persons, 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 ;4".4'4'"-GYUIN=C1 NOTARY PUBLI •CALIFORNIA vi SrifIEGo COUNTY (Seal)? `' YCOMM, E P, Au , 1 , 0 4 �..b Bond -No. 4461121 Premium: $12, 7 7. 0 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 0 2- n the 1 th day f October 2022, has awarded Ortiz corporation, hereinafter designated the"Principal", the P1 SEWER UP SIZE PROJECT - PHASE II NATIONAL CITY BLVD./ 30TH STREET, CIP NO. 20-01.. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, I E, we, the Principal and Markel Insurance Company_--- as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Million, Six -Hundred and Thirty -One Thousand, Two Hundred andSeventy-Four and 64/100 ($1,j,274.64) dollars lawful money r of the United States, for the payment f which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identicalcounterparts 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 22nd Markel Insurance Company i CST 0 • Bart Stewart, Attorney -in -Fact (SEAL) Surety day of September , 20 22 Ortiz Corporation -?4(-\*E r)-k- Principal (SEAL) .(SEAL) _(SEAL pom 510044 JOINT LIMITED POWER OF ATTORNEY gNOW ALL MI ili1 BY THESE PRESENTS: That SurT:c inurence Coirnpany, Corporation duly organttetl arid existing undcr the laws of theSt ate of Thersas and having its principal offic:e. in the County of Kara, Tex4.S :and Markel Insurance Company (the 'Company'', a corporation duly or-vianized and existing undo( the 4•riiivs of the state Of Winn's, a'nd having lts•printipal atim.inistrative office In Clen Al leo, YIN.' rib, does by thgse pi•esenis make., c�n.twYirittpOpint Bart Stewart 'Their riid and inwful agent(s) -and attortieM7in-fact, reath in:their 5e011r;ite. capacItv if triae thaivione rotneld Aboy, to rakg:r OCI,itar•5g0 and .doffVe.r for Efild the- own hh f1rdMduflya5.a star* ailoiritlyi 4s co--.$1,irtieSi and .0 thOlf act. and deeillanY and all btmds nd.other undertaking in :spteyihip provicl6iL fkowEiv6T41 that* ROW sum of r.ticr On!4ucii InAturnent:oxeuteti hereu)ncier shall not exceed the :suet! of; Five Million and 00/100 Dollars ($5,000,000.00) This PQwer of Attofney Is granted and Is igned ;and sealed undo .arid by the apthorky of tfi;e roflowing:Rookitions adopted by t:he 4041-14 of Direcomof :Sweiec Itisurtrice Compariy grid Markel Instirtner Company; "figSoLveR, 'Oat the PLresident, Seri lor.Vice:Presitlem, kike Preside ntl Asistanit Vice President, Stcretarypirreasuref enthof Ithprii. here by is optli.oriz.ed ti exockqe powos. Of a ttotny., end .51.K.11 authority On be.executed by .use ,c:f.1csiintIe Fgntur, whith iJi.att.este.11 Or aciltrtilwledatli byatvy officer or otturiiey ofthr company, qunlifying the at_ornefor •otorneJ0 riarnptIn the .glvri power of attorney, to.veecutieIli bohalf if, .anu. atknowledge as the oc:tand:deed of the Surie'Ter. Irtsurenco mime,/ anti Maricel !two nte Company, As the case may b all bond undertakings and contract% of suretyship„ itrid to fax the .orp6rate .saal ither0c," IN WITNESS WiiRrOF M.keihSuranct.Conipany :and SureTec IrtsuraricqConlpanVha taupe thgle offit141 sea .0 1.1e berEuft0 offix*d and these proems to. he signed by their duly.authori2ed.offiters 40 the 7th d.ay.o December , 2021 ty Sure% insuronce Company (1%.• , I MIChN C„ Keimizi, President cornimanwealth �i Virgiflia County Iritvrico £S: CoTrip ny - ter OV: RAO )11 Ru551:), Sint Vic Presiderit On OTIS nh day of December, 2021 A. D,.,. btrfore mq„ a Notary public ilr the Comrtionwealth of .Vireinia, in and for the County or fltnrico„ thily-0:entoisstooed and .quilliffed„ carnoTHSA.BOVEOFFICFRS .OF TOE COMPANIES, to 'eat persorimIly known.to:he the 1;rdrvItIL.tok and of fipers descilbed :ina who.executml the preeng irintNirnerit. anti tihay Rcknoidedgal trio extot161 or saiirie., and 1..*In.g.bv 'me KfuJv s.worn, disposed anti saki that.th,ey are the.offictr$ ql thg old,.coorparties aforesaido 4r.id. that the flols-riffiked tp.the prPCPOtlinA in AI utrint re the Corporate $ta.is of $31.0 Componiosi 0 ild itlig akl.c.ctrp orate $#als:and Their $1:gnat4a5 as .officers .wtfe doly afffrecl and.t1.1b011.4eci.to tilt- U!,.11 inftrorntnt b‘rthe outhoefty and.dirtdiron .of thataid coinpantes, andthat 11.e.solLittonN adopted ,by We. Boa rid :of Dieintors of lflid .Convanies roferred.to in the pretedIng Instrument -is now in fOrte,. ..,11a IN TESTIMONY WHCIIEOP,..1 have IhereOntottitrny hand; Dna affizee ruZIOI,i0'$isof.01.4-.1.tkiptliAlf Henricpt the day a.nd year first alleve written. it ii. , i. _ lot y p i 4 • i 4,. 06, 1:4 4:) . Pm A5NPA." Lid'!" 7. wieN rgo, % - • 1 0 li 'tv .11P ... : COMtvii.S10.t4 ; E._ By.: i, --_.:„._,....,_ :-.-„_____„...,:%).(.-:-.....:..----,- 1 Dana gonavant, Notary Public 1"0,:4411`fo,,,.. 70b068 ifrt (, I 'My- commission expires 1/3112,023 VVe4 the undersign.ed OffitersigSeTcInSultme Convany :and MiarWl19s! vl % Et th itt.hvOTiv etterbso cerliNthat the origInatPovtigA ArroRivEy br which tor6.Roire k . fuIlv rm rid.correct popy-is stHi ri full force and effect and tfroWd. IN WITNESS WFICREOP, we hbvt hereunto set Our handI3, and affixed the seek asid Companies, on the lday September 2022 Stu ec 'Irmo c C. pan M. r.eaty) Assistant Secreta Any instrument Issued In excess of the penalty stated above is totally void and without any validity. 510044 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. Inntrame cornpony 4. Richard R, Grin na ri, Vice Pie gicliont thrid-Secte ary CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A Rotary 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 riot the truthfulness, accuracy, or validity of that ctlocunierit State of California County of San Diego n Septmeber 22nd, 2022 before rne, Date. personalty appeared Genevieve istar Here Insert Nome and Title of the Officer Bart Ste-0.-art arne(s) of Signer(s) 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. GENEVIEVE 'S1STAR Notary Public Cat forn a a1 pan 04esc Count,/ • CorrvrilisionN2341t51 ►; Ccrnrri ExpuueS Jan 8 2OZ5 Proce Notary Seal andlor Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WI1 NESS my hand and official seal Signature OPTIONAL Signature of Notcrry Public Completing this information con deter allercit,on f th o cur nt or froucit. tr nt reattochrnPnt of this form to an unintended document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other 111Am Named Above: - - - Capacity(les) Claimed by Signer's fame: Signer's Name: i Corporate Officer - Title(s): • Corporate Officer - Title(s) • Partner — • Limited ■ General • Individual Trustee ■ Other: Signer i Repr • Attorney in Fact. ▪ Partner - • Individual ■ Guardian or Conservator • Trustee ■ Other: 2019 latdoral Notary Association • Limited • General • Attorney in Fact • Guardian or ConsErvator Signer is Representing: 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 Tangy _) �' n /2.-.- before me, 67111, I A/tploil "44 c (insert name and title of th fficer) personally appeared /10 rt'twe' -470 � ;ell>� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/Arg subscribed to the within instrument and acknowledged to me that hel9l°ielPSey executed the same in hisl**ir authorized capacity(ies), and that by hisll)ef/tveir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY F PERJURY Y under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) MIN CHOI e Comm.Comm.# 2330793 NOTARY PUBLIC-CALIFORNIA ui SAN DIEGO COUNTY wit MY COMM. EXP. Au . 16, 2G24 Bond No. 4461121 Premium: ium:$12,787.00 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 0 - , on the 18th d f October, 2022, has awarded Ortiz corporation, hereinafter designated as the "Principal", the Pi SEWER UPSIZE PROJECT — PHASE II NATIONAL I AL CITY BLVD./ 30TH STREET, CIP NO. 20-01. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and Markel Insurance Company as surety, are held and firmly l bound unto the City of National City, hereinafter called the "City", in the penal sum of One Million Six -Hundred and Thirty -Ore Thousand, Two Hundred and Seventy -Four and 64/100 ($L63L27&64) dollars lawful money of the United States, for the payment f 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 an.d 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 shalt 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 22nd day of September , 2022 ,, .�,. Markel Insurance Company ,� •: 0 ° ► . fi.,ti Vs%Aligt"17%,..S* Bart Stewart, Attorney in -Fat (SEAL) Surety Ortiz Corporation Principal SEAL) SEAL) (SEAL) FOAM 510044 JOINT LIMITED POWER OF ATTORNEY KNow ALL MEN by THESE PR S NT y That SureTec insurance Company„ a. Corporation dilly organizp0ti i ; undor th a is +s of tilt! State of re as end h4virig its principal orfive to the County or F rrTr T a$ m-4 Markel Insurance Company (the "Company"), a curporaiion duly organized and existing Linde( =the f6 rs of the state o llff ni .r aired having its pancipal ad:T f1l$tea1ltte.office in Glut Aireni. Vitinia, does by :thesepresents rt' a6 + constitute .and paint: Bart Stewart Their true ond ai 1»uI a ent1) rnd a'tt me r(s)-in-fac:, each Intheir seporate tap city If more t . n anals.rlarmid alinve.0 to make, A ctf • s 4I ;anti d: f V r fir and on their oilyril behalf, ndfv'fduaall as a surety cr jointly, as to-s1r ~., Einfl as ter actand de d any and all b.onds And other undertaking in in .suretyship , pro id&i . ow ver, tlta.t.the. penal .sum of any torte $uth iitstrurri6nttxecuted hereunder 5hall .riot :exceed th1 sum of: Five Million and 00/100 Dollars ($51000,000,00) This PtYWrof Attorney is. granted and. issigned .and:sealed drideir and by ti *'ai1hii t .of the folloOing, Resolutions adkptt'd by the Board of Directors of StureTe insuronte Company and Merkel el Irsparoc* .rripany; 'RESOLVED, That the President, Senior Vice Pro.Otlent, Vice P.tetidhnt, A sf tank Vice SOact ry; err afturi r rncd. ich of ti)8a Ii r by .0t.lthorlred to mecute powers Of:attorn . r, and , u1.h authority.tan be necutod t#se.o 1I ern I n turt., v, R h a , att:eted or acknOwle,dged by a..ny officer or trtiey�. the. &ornponvi qualifying the a:ttOrnoli urtt orne $ nar'nt d in the gim8n.power of attorney, to,evecute fit beh&lf of, and awkiiow1ed g .as the .act an ri.cleesi of the SuroTee 1n ticince tonlOrnv and Markel l irisu ance Companyi as. the cote tray b #aft bond undertakings on rt. tanteatt5 of suretysh1p, and :to affix the coT.porat .0 al thereto:" IN WITNESS WHEREOF, . arke# Insurz rice pan nd Sur Te insur!mc Cbrnp n hr ve-cau d•tt it official $eat.tp l hereui to affixed and bas a p.re5&nits to b sired by their dui yli ti rrriz d offr. crs t4e Ott, day of December , 2021 SureTer.. insurance Comp Am 1 :. . . Mi 110 1 , Keiit l , i eesi.den Cofnmornivealitli of Virgini. County of H nric SS: r � " f ir1 Ru sD.• Sersibr Vice Presklemt On tilts lrh .dny of December, 2c 1 A, f ,..• before me, a Notayy Public oI th0 Co itonwaolth of tlir* silo :irt and tor the Count of i-lenrico, duly cocipm,rnhisiOnd and qualified; care TIt- ABOVE OFFICERS or TH.E.COMPAN1 ES, to me personally kripVin to be the IndIVI4uah told officers descr-.bpd:irr, who eetilted the pr.cedkls ivintrwa t, and they acknowlecleed th . ltettltf rt of sarne, and .11 ing by rally'. wpr ., disp't d find said that they are the of 1~ic r$ of the saId companies a brds iid, Rad'tl at th . ai o.f!ll ed to the proqeoling ingruinent are thro Car' or4t Seals of said Cot-m.061os, grid the tatd orp rat2 Seale end tfttir i natur .s as .officers ..Wet'. duly aifixtd and suibstribedl to tha isid instrument in the auttivilt r'a.nd direttiarr.of the , oid orripanits, nr that i esoIutika adoptad optA by the Boa :of Director of $.01.d companies r lerred to ire the torectinginttrurnant I -nowtn force, t ,tt 1.4.e4ipi.r . itil TESTI M NY WillEnO.F, .1 'rivive hereunto suet my bane, .orict affixed rni, � wi . t`th � 1< 'f 1 e rfc , the day and 4 r first above written. 1 l 0 : .Si . y „► ,R +EMI S S I'; F : + h I11nt, !iitry�Ill NIPt 4 1� My c�cr rni sion a ;pfres / 1/ , the under5ignad Ciffiter 'of li` r` c iritur00,i Corripany and MM! atke s.ti y w er y certify that the °rich! 'P E- F 1 0. "E. t �Iti b ffir f rgPi is a full, true r d c9rroct copy is still 1r� tuft force and effect anti h tiojti l l WiTNESg WFIEROF, we :12 ve hereunto set our hands, and affixed th • on15 Of said Canpailies, on the 2 day: f; Pt mb r 2022 -{ By r ec art r r .-. +are M. br l�. t Beau?, Assistant .Secreto Markel Insurance . ornponv I VI Air P -- , 1 41 Richard s Gillman, Vice Pr sfdeftmr 5OEcr ary Any Instrument Issued err excess of the penalty stated above is totally void and without any validity. 510044 For verification of the authority of this Power you may call {713}812-0800 on any business day between 8:30 AM and 5:00 PM CST. CALIFORNIA ACKNOWLEDGMENT CIVII. CODE § 1189 A notary public or other officer completing this certificate verifies only the identity cal 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 San Diego County of Septmeber 22nd, 2022 Dote personally appeared before me Genevieve Sistar Here Insert Name and Title of the Officer Bart Stewart Nome(s) of Signer(s) who proved to me on the basis of satisfcctory evidence to be the person(s) whose nary e(s) islar'e subscribed to the with!n instrument and acknowledged to me that heishe/t ey executed the same in he }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. GENEVIEVE SISTAR +otary Public California Cornifi1sl,tort • 2 3410S t + . (cirrr EAppre5 Jan 8. 2025 Race Nott1r r Seol rand/+o' Stomp Above I cenify Wider PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea Sig. nature OPTIONAL r rapture of Noiciry Public Completing this information can deter alteration of the document Of fraudulent reattachment of this form to can unintended document Description of Attached Document Title or Type of Document: - Document Cate: Number of Paces: Slciner(s.) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate officer - Title(s): Partner - • Limiled • Gel-ler&l II Individual X Attorney in Fact ■ Trustee ■ Other: Signer is Representing: X Guardian or Conservator 2019Nation Notary Association Signer's Name. • Corporate Officer - 'Title(s). IN Partner 'II Limited • General ■ Individual • Trustee in Attorney in Fact ■ Guardian or Conservator • Other: Signer is Representing: 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 SIB DiLiejp On S21 � .,�02,L before me YC,)» CA'DV, /l4)y {insert name and title of the officer} personally appeared Gove�'P4° er 0r'� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/5r4 subscribed to the within instrument and acknowledged to me that helspeelt* executed the same in his/hOlfip‘ir authorized capacity(ies), and that by hislp4rltOir signature(s) on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature {seat} trna7Ad7":"1""i'47,611IN F11571 . 0 Oiv M. # 2330793 NOTARY PUBUU - ALIFoRN1A U4 Ask DIEGO COUNTY km MY COmm. EXP. AUG. 1 , 2024 " Form -9 (Rev. October 2018) Department of the Treasury internal Revenue Service 1 Request for Taxpayer Identification Number and Certification Go to wvirwirs.goviFormW9 for instructions and the latest information. T 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. co tat 0 si ,ca. c ORTIZ CORPORATION Give Form to the requester. Do not send to the IRS. • 2 Business name/disregarded entity nave, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. ❑ Individual/sole proprietor or ❑C Corporation S Corporation ❑ Partnership ❑ Trust/estate single -member LLC ❑ Limited liability company. Enter the tax classification p.c corporation, S=S corporation, P=Partnership) Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC Is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (see instructions) 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) 5 Address (number, street, and apt. or suite no.) See instructions. 2000 MCKINLEYAVENUE 6 City, state, and ZIP code NATIONAL CITY, CA 91950 Exemption from FATCA reporting code (if any) (Appfies to accounts maintetned oufsfaie fhe Requester's name and address (optional) 7 List account number(s) here (optional) Taxpayer Identification Number TIN) Eater your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see I -tow to get a TIN, later. Note: If the account is in more than ore name, see the instructions for line 1, Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Certification Social security number or Employer identification number 33-0416969 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U, . citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that i am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does riot apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, y•u a t not required to sign the certification, but you must provide your correct TiN. See the instructions for Part II, later. talk rarr 40.11M1 -41- f 1 YM General Instructios Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number BN», individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (FIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are rot limited to, the following. • Form 109 -II T (interest earned or paid) Sign Here Signature of U.S. person Po - Date ► 09/20/2022 • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MI (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-8 (proceeds from real estate transactions) • Form 1099-1 (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 109 -T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form 9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 1031X Form W-9 (Rev.10-2018) ORTICOP-01 RMREI DATE (MM{DDlYY1Y' 9/1912022 flACq4CO, �, ' CERTIFICATE OF LIABILITYINSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IN URER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, ED, 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 endorsements). PRODUCER TA CONCT Ryan Moore AME:HONE J.S. Tucker Insurance Services 5330 Carroll Canyon Road P� A , No, E ct : 4 -'1 FAX (A/C, No): Suite 110 m,ryanOstuckerinsicom San Diego, CA 92121 INSURER S AFFORDING COVERAGE NAIL #I INSURER A :Travelers Property Casualty Company of America 25674 INSURED INSURER B : The Travelers Indemnity Company of Connecticut 25682 Ortiz Corporation INSURER c : Ir n h re S • ecialt Insurance Com • an 25445 2000 McKinley Ave. INSURER D : National City, CA 91950 INSURER E : EEIEIIIIIMMIIIIIIIIIIIIEMMII COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADM_ INSD SUBI INVDifilMIDD/YYYY POLICY NUMBER POLICY EFF POLICY EP (MM DD yYYY LIMITS A X COMMERCIAL GENERAL LIABILITY � DT22-CO-1T80184 -TIL- 4/1/2022 4/112023 EACH OCCURRENCE 1,0003000 • CLAIMS -MADE ; X OCCUR ' DAMAGETOI o curr PRE�1lBEB �Ea c�Urr�kt�)._...... 300,000 .... _._... .. , 00 $5k Deductible ICED EXP ny one person) PERSONAL & ADV INJURY 11000,000 $ GE 1_ AGGREGATE LIMIT APPLIES PER; GENERAL AGGREGATE $ 2,000,000 POLICY5P8/:LOC PRODUCTS . COMP/OP AGG 2,000,000 OTHER' B AUTOMOBILE LIABILITY 96 810-1 T80 7- -26-G 411 /2022 41112023 COMBINED SINGLE LIMIT (Ea accident) 13000,000 X ANY AUTO BODILY INJURY Y (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS ONLY NON-OWNEDPROPERTY1 AUTOS ONLY MAGE Percldent $ $ UMBRELLA LIAB X OCCUR CUP-1T83299A-22- 6 4/1/2022 4/112023 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-IIIADE AGGREGATE ,090,900 DED X RETENTION $ 0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY I N N f A x UB-'1T 3291-22-26- 41'1/2022 41112023 x P LATE OTH- E.L. EACH ACCIDENT 1,900,000 . AN PROPRIETOR/PARTNER/EXECUTIVE Tf BRIE EDUTII E I OFFICER/MEBER EXCLUDED? N E.L. DISEASE - EA EMPLOYEE $ 11000,000 (Mandatory In NH) if yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LtMMM]T 1, 00,0 0 $ C Professional Liab D P7LAB AF 003 411/ 022 4/1/2023 Each Claim 3,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS f VEHICLES (ACORD 1O11 Additional Remarks Schedule, may be attached If more space Is required) RE: National City: P1 Sewer Upsize project The City of National City, its elected officials, officers, agents, employees and volunteers are provided additional insured status per the attached form(s) and only when required by written contract. Primary and non-contributory coverage applies when required by written contract. Waiver of Subrogation applies when required by written, contract. Umbrella follows form to include General Liability, Auto Liability, and Workers Compensation. CERTIFICATE HOLDER CANCELLATION City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 9190-4397 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE fr ACORD 25 (016/03) i 1988-2 15 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered mawks of ACORD Policy Number: 17T22-00-1T801846-TIL-22 Premises/Ongoing Ops and Completed Ops Additional Insured coverage COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURED {Includes Products -Completed operations If Required By Contract} This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL, LIABILITY COVERAGE PART PROVISIONS S The following is added to SECTION II —1 WHO IS AN INSURED: Any person or organization that you agree in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only: a. With respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b. If, and only to the extent that, such injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract or agreement applies. Such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is subject to the following provisions; a. If the Limits of insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agreement, the insurance provided to the additional insured will be limited to such minimum required limits. For the purposes of determining whether this limitation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of Insurance described in Section III - Limits of Insurance. b. The insurance provided to such additional Insured does not apply to: (1) Any "bodily injury", "property damage" or "personal injury" arising out of the providing, or failure to provide, 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 or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any 'bodily injury" or "property damage" caused by "your work" and included in the ,products -completed operations hazard" unless the written contract or agreement specifically requires you to provide such coverage for that additional insured during the policy period. c. The additional insured must comply with the following duties: (1) Give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: How, when and where the ''occurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the "occurrence" or offense. If a claim is made or "suit" is brought against the additional insured: CG D2 46 0419 01 The Travelers Indemnity company. All rights reserved. Page I of N. Policy Number: T -CO-1T 01 -TIL- Premises/Ongoing Ops and Completed Ops Additional Insured coverage { COMMERCIAL GENERAL LIABILITY (a) Immediately record the specifics of the claim or "suit" and the date received; and (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or"uit" as soon as practicable. (3) Immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suits", and otherwise comply with all policy conditions. Pageof 4 Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover such additional insured for a loss we corer. However, this condition does not affect whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organization as a named insured as described in Paragraph 4., Other Insurance, of Section IV — Commercial General Liability conditions. 2018 The Travelers Indemnity Company. AEI rights reserved. CG D2 46 04 19 I i Policy Number: DT22-C -1T O1 -TIL- 2 COMMERCIAL GENERAL LIABILITY c. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. if any of the other insurance does not permit contribution by equal shares, we wilt contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non -Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary y to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sotlght occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you, 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c1 The first famed Insured must keep records of the information we need for p re mi u m computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: Page16 of 21 a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our ,right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicableinsurance laws or regulations, . Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage a Part to the first Named Insured, this insurance applies: a. As if each Named Insured were th.e only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer of Rights Of Recovery Against Others To Lis If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured rust do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. . When We Do Not Renew If we decide not to renew this Coverage Pay we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION v — DEFINITIONS 1. "Advertisement"" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2017 The Travelers Indemnity o pany. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy Number: EIT22-CO-1T801846-TIL-22 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENTFOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Who Is An Insured — Unnamed Subsidiaries B. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Operations PROVISIONS A. WHO IS AN INSURED — UNNAMED SUBSIDIARIES The following is added to SECTION II — WHO IS Al INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declarations is a Named Insured if: a. You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and b. Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section II — who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: CG D 0219 1 C. Incidental Medical Malpractice D. Blanket Waiver of Subrogation E. Contractual Liability — Railroads F. Damage To Premises Rented To You a. An organization other than a partnership, joint venture or limited liability company; or b. A trust; as indicated in its name or the documents that govern its structure. B. BLANKET ET ADDITIONAL INSURED — GOVERIME lT L ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION II — WHO Is AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, Aar, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such governmental entity does not apply to: a. Any "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity; or b: Any "bodily injury" or "property damage" included in the "products -completed operations hazard". 20'17 The Travelers Indemnity ornpan . All rights reserved. Page 1 of Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Polik:yr Number: DT22-00-1 T801.846-TIL-22 COMMERCIAL GENERAL LIABILITY C. INCIDENTAL MEDICAL MALPRACTICE I. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. The following replaces the last paragraph of Paragraph .a.O of SECTION II — WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a) "incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician or paramedic; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees," or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. The following replaces the last sentence of Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide '"incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph ., Exclusions, of SECTION I COVERAGESS — C OVEIAG E A — B O D i LY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of Pageof pharmaceuticals committed by, or with the knowledge or consent of, the insured. . The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service Of treatment, advice or instruction, or the related furnishing of food or beverages; or The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. The following is added to Paragraph 4.b., Excess insurance, of SECTION IV — COMMERCIAL GENERAL LABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(i) of Section II — Who Is An Insured, D. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the execution of the contract or agreement. E. CONTRACTUAL LIABILITY — RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c. Any easement or 'license agreement; 2017 The Travelers Indemnity Company, All rights reserved. CG D3 16 0219 Includes copyrighted material of Insurance Services office" Inc,, with its permission, Policy Number: DT22-CO-1T801846-TIL-22 . Paragraph f.(1) the definition of "insured contract" in the DEFINITIONS Section is deleted. F. DAMAGE TO PREMISES RENTED lTED TO YOU The following replaces the definition of "premises damage" in the DEFINITIONS Section: "Premises damage" means "property damage" to: COMMERCIAL L EN EF L LIABILITY a. Any premises while rented to you or temporarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. CG D3 16 0219 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services office, Inc., with Its permission. Page of POLICY NUMBER: T--L"T1-TTL- COMMERCIAL GENERAL LIABILITY ISSUE DATE: 03-29-22 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Pr j t : EACH "PROJECT" FOR WHICH YOU EVE AGREED, IN' A WRITTEN CONTRACT WHICH H IS IN EFFECT DURING THIS POLICY PERIOD , TO PROVIDE A SEPARATE GENERAL AGGREGATE LIMIT , PROVIDED ED THAT THE CONTRACT IS SIGNED BY YOU BEFORE THE "BODILY INJURY" OR " PROPERTY DOGE" OCCURS A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents un- der COVERAGE C (SECTION I), which can be attributed only to operations at a single desig- nated "project" shown in the Schedule abo ve: 1. A separate Designated Project General Ag- gregate Limit applies to each designated "pro - jet", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations, unless separate Designated Project General Aggregate(s) are sched- uled above. 2. The Designated 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 "prop- erty damage" included in the "products - completed operations hazard", and for medi- cal expenses under COVERAGE Cp regard- less of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". Designated Project General Aggregate(s): GENERAL AGGREGATE LIMIT SHOWN ON THE DECLARATIONS 3. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce- the Desig- nated Project General Aggregate Limit for that designated "project". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they re- duce any other Designated Project General Aggregate Limit for any other designated "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 Project General Ag- gregate Li mit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents un- der COVERAGE C. (SECTION I } which cannot be attributed only to operations at a single desig- nated "project" shown in the Schedule abo ve: CG D2 11 01 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of COMMERCIAL GENERAL LIABILITY i. 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 Ag- gregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Project General Aggregate L irnit. C. Part 2. of SECTION III — LIMITS OF INSURANCE is deleted and rep laced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b. Damages from "occurrences" under COVERAGE A (SECTION I) and for all medical expenses caused by accidents under COVERAGE C (SECTION I which cannot be attributed only to operations at a single designated "project„ shown in the SCHEDULE above. D. When coverage for liability arising out of the "products -completed operations hazard" is pro - id d, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Project General Aggregate Li mit. E. For the purposes of this endorsement the Defini- tions Section is amended by the addition of the following definition: "Project" means an area away from premises owned by or rented to you at which you are per- forming operations pursuant to a contract or agreement. For the purposes of determining the applicab le aggregate limit of insurance, each "project" that includes premises involving the same or connecting lots, or premises whose con- nection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single "project". F. The provisions of SECTION III — LIMITS F INSURANCE not otherwise modified by thisen- dorsement shall continue to apply as stipulated. Page 2 of 2. . Copyright, The Travelers Indemnity Company, 2004 CG D2 11 01 04 Policy Number: DT22-CO-1T801846-TIL-22 venture or limited liability company that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership, joint venture or iimited liability company that otherwise qualifies as an insured under Section II — Who is An Insured. SECTION III — LIMITS OF INSURANCE I. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or"property damage," included in the "products -completed operations hazard"; and c. Damages under Coverage B. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal injury" and "advertising injury" sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C; because of all "bodily injury' and "property damage" arising out of any one "occurrence". For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". Sp Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will be: COMMERCIAL GENERAL LIABILITY a. The amount shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part. 7. Subject to Paragraph 5. above, the Medical Expense Limft is the most we will pay under Coverage C for all medical expenses because of "bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. in that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insureds estate will not relieve us of our obligations under this Coverage Part 2. Duties In The Event Of Occurrence, offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; The names and addresses of any injured persons and witnesses; and The nature and location of any injury or damage arising out of the "occurrence" or offense. b. if a claim is made or "suit's is brought against any insured, you must: (1) Immediately record the specifics of the claim or"suit" and the date received; and Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or"suit"; CGT1 00 02 19 2017 The Travelers Indemnity Company. All rights reserved. Page 1of 21 Includes copyrighted material of Insurance Services Office, In. with its permission. Policy Number:810-1T802867-22-26-G COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exciusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered,. A. B. C. D. E. BROAD FORM NAMED INSURED BLANKET ADDITIONAL INSURED EMPLOYEE HIRED AUTO EMPLOYEES AS INSURED SUPPLEMENTARY PAYMENTS — INCREASED LiMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS O. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who is An Insured, of SECTION II COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c., in Ai., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which CAT3 53 02 1 H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization ,qualifies as an 'insured„ under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.I., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- nessY 2. The following replaces Paragraph b. in. B.., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "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 an "employee's" namet with your 2015 The Travelers indemnity Company. All rights reserved. Page 1 of 4 includes copyrighted material of insurance Services Office, Inc, with its permission. Policy Number: er: 81 O 1 T8 2 7-22-2 -G COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -- COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. . The following replaces Paragraph ..,4, of SECTION II — COVERED AUTOS LIABIL- ITY OVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE LDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph in Para- graph B.71, Policy Period/ Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent .or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members if you are a limited liability company) or members of their households. (a) With respect to any claim made or ",suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. rr) Neither you nor any other involved "insured" will make any settlement without our consent. iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". iv We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or, "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II — COVERED AUTOS LIABILITY COVERAGE. v We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insure& against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION II — COVERED ED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to rake such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other bans. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of 4 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office; Inc. with Its permission. CA T3 53 02 1 Policy Number r: 1T802867-22-26-G - - You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or forcompliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following isadded to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE LOSS OF USE — INCREASED LIMIT The following replaces the iast sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT' The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION 111 — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type,. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph Bell Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. if that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum cimum of $1,000 for any one "loss". L. NOTICE AND OR LOSS The following is added to Paragraph Alma., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany; An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or loss" arises out of operations contemplated by KNOWLEDGE CA T3 63 02 15 o 2015 The Travelers Indemnity company. All rights reserved. Includes copyrighted natial of Insurance Services Office, Inc, with its permission, OF ACCIDENT Page of4 Policy Number: 810-1 T 2 -22- 6-G COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS I" l ISSIONS The following is added to Paragraph B ., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS LESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 o 2015The Travelers Indemnity omp ny. All rights reserved. Includes copyrighted material of insurance Services Office, Inc. with Its permission. A T3 63 02 1 Pblicry Number: 1 -1 T 2 7- 2 26 G COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE - CONTRACTORS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS IONS 1. The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement, that is signed by you before the "bodily injury„ or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that persons or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph B. .2 Other Insurance of SECTION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is a named insured when a written contract or agreement with you, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non- contributory. CA T4 99 02 16 2016 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with Its permission. Pagel of 1 TRAVELERS ) WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) POLICY NUMBER: Ef : UB-1T832915-22-26-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description When required by written contract. When required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Insured Endorsement No. Premium Insurance Company Countersigned by DATE OF ISSUE: 04-01 0 2", ST ASSIGN: Page 1 of 1 UMBRELLA EXCESS FOLLOW -FORM AND UMBRELLA LIABILITY INSURANCE THIS POLICY, INPART, PROVIDES FOLLOW -FORM LIABILITY COVERAGE. COVERAGE WILL APPLY ON A CLAIMS -MADE BASIS WHEN FOLLOWING CLAIMS -MADE UNDERLYING INSURANCE. COVERAGE WILL APPLY ON A DEFENSE -WITHIN -LIMITS BASIS WHEN FOLLOWING UNDERLYING INSURANCE UNDER WHICH DEFENSE EXPENSES ARE PAYABLE WITHIN, AND NOT IN ADDITION TO, THE LIMITS OF INSURANCE. WHEN FOLLOWING SUCH UNDERLYING INSURANCE, PAYMENT OF DEFENSE EXPENSES UNDER THIS POLICY WILL REDUCE, AND MAY EXHAUST, THE LIMITS OF INSURANCE OF THIS POLICY. PLEASE READ THE ENTIRE POLICY CAREFULLY. Various provisions in this policy restrict coverage, Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under SECTION II - WHO IS AN INSURED. ED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI DEFINITIONS. SECTION I —COVERAGES A. COVERAGE A — EXCESS FOLLOW -FORM LIABILITY 1, We will pay on behalf of the insured those sums, in excess of the "applicable underlying limit", that the insured becomes legally obligated to pay as damages to which Coverage A of this insurance applies, provided that the "underlying insurance" would apply to such damages but for the exhaustion of its applicable limits of insurance. If a sublimit is specified in any "underlying insurance", Coverage A of this insurance applies to damages that are in excess of that sublimit only if such sublimit is shown for that "underlying insurance" in the Schedule Of Underlying Insurance. . Coverage A of this insurance is subject to the same terms, conditions, agreements, exclusions and definitions as the "underlying insurance", except with respect to any provisions to the contrary contained in this insurance. 3. The amount we will pay for damages is limited as described in SECTION III — LIMITS OF INSURANCE. 4. For the purposes of Paragraph 1. above: a. The applicable limit of insurance stated for the policies of "underlying insurance's in the Schedule Of Underlying Insurance will be considered to be reduced or exhausted only by the following payments: (1) Payments of judgments or settlements for damages that are covered by that "underlying insurance", However, if such "underlying insurance" has a policy period which differs from the policy period of this Excess Follow -Form And Umbrella Liability Insurance, any such payments for damages that would not be covered by this Excess Follow -Form And Umbrella Liability EU 00 01 071 2016 The Travelers Indemnity Company. All rights reserved, Page 1 of 22 UMBRELLA Insurance because of its different policy period will not reduce or exhaust the applicable limit of insurance stated for such "underlying insurance"; Payments of "medical expenses" that are covered by that "underlying insurance" and are incurred for "bodily injury" caused by an accident that takes place during the policy period of this Excess Follow -Form And Umbrella Liability Insurance; or Payments of defense expenses that are covered by that "underlying insurance", only if such "underlying insurance" includes such payments within the limits of insurance. However, if such "underlying insurance" has a policy period which differs from the policy period of this Excess Follow - Form And Umbrella Liability Insurance, any such payments for defense expenses that would not be covered by this Excess Follow -Form And Umbrella Liability Insurance because of its different policy period will not reduce or exhaust the applicable limit of insurance stated for such "underlying insurance". If the applicable limit of insurance stated for the policies of "underlying insurance" in the Schedule Of Underlying Insurance is actually reduced or exhausted by other payments, Coverage A of this insurance is not invalidated. However, in the event of a loss, we will pay only to the extent that we would have paid had such limit not been actually reduced or exhausted by such other payments. b. If any "underlying insurance" has a limit of insurance greater than the amount shown for that insurance in the Schedule of Underlying Insurance, this insurance will apply in excess of that greater amount. If any "underlying insurance" has a limit of insurance, prior to any reduction or exhaustion by payment of damages, "medical expenses" or defense expenses described in Paragraph a. above, that is less than the amount shown for that insurance in the Schedule Of Underlying Insurance, this insurance will apply in excess of the amount shown for such insurance in the Schedule Of Underlying insurance. S. When the "underlying insurance" applies on a claims -made basis and includes a retroactive date provision, the retroactive date for Coverage A of this insurance is the same as the retroactive date of that "underlying insurance". B. COVERAGE B — UMBRELLA LIABILITY 1. We will pay on behalf of the insured those sums in excess of the "self -insured retention" that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage", "personal injury" or "advertising injury" to which Coverage B of this insurance applies. 2. Coverage B of this insurance applies to "bodily injury" or "property damage" only if: a. The "bodily injury" or "property damage" is caused by an "occurrence" that takes place anywhere in the world; b. The ''bodily injury" or "property damage" occurs during the policy period; and c. Prior to the policy period, no insured listed under Paragraph 1. in Paragraph B., COVERAGE B - UMBRELLA LIABILITY, of SECTION II - WHO IS AN INSURED and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part, If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, in whole or in part, then any continuation, change or resumption of such "bodily injury" or 'property damage" during or after the policy period will be deemed to have been known prior to the policy period. 3. Coverage B of this insurance applies to "personal injury" or "advertising injury" caused by an offense arising out of your business, but only if the offense was committed during the policy period anywhere in the world. 4. The amount we will pay for damages is limited as described in SECTION III - LIMITS OF INSURANCE. 5. "Bodily injury" or "property damage": a. Which occurs during the policy period; and b. Which was not prior to, but was during, the policy period known to have occurred by any insured listed under Paragraph 1. in Paragraph B., COVERAGE B UMBRELLA LIABILITY of SECTION II - WHO IS AN INSURED, or any "employee authorized by you to give notice of an "occurrence" or claim; Page 2 of 22 © 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 1 UMBRELLA includes any continuation, change or resumption of the "bodily injury" or "property damage" after the end of the policy period. 6. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. in Paragraph B., COVERAGE E B — UMBRELLA LIABILITY, of SECTION II — WHO IS AN INSURED or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: a. Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; b. Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or c. Becomes aware by any other means that the "bodily injury" or "property damage" has occurred or has begun to occur. 7. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". . Coverage B of this insurance does not apply to damages covered by any "underlying insurance" or that would have been covered by any "underlying insurance" but for the exhaustion of its applicable limit of insurance. C4 COVERAGE C CRISIS MANAGEMENT EMEf T SERVICE EXPENSES 1. We will reimburse the insured, or pay on the insured's behalf, "crisis management service expenses" to which Coverage C applies. Coverage C of this insurance applies to "crisis management agement service expenses" that: a. Arise out of a "crisis management event" that first commences during the policy period; b. Are incurred by the insured, after a "crisis management ent event" first commences and before such event ends; and c. Are submitted to us within 180 days after the "crisis management advisor" advises you that the "crisis management event' no longer exists. 3. A "crisis management event" will be deemed to: a. First commence at the time when any "executive officer" first becomes aware of an "event" or "occurrence" that leads to that "crisis management event"; and b. End when we decide that the crisis no longer exists or when the Crisis D. Management Service Expenses Limit has been exhausted, whichever occurs first. 4. The amount we will pay for "crisis management service expenses" is limited as described in SECTION Ill — LIMITS OF INSURANCE. 5. A "self -insured retention" does not apply to "crisis management service expenses". 6. Any payment ent of "crisis management service expenses" that we make will not be determinative of our obligations under this insurance with respect to any claim or "suit" or create any duty to defend or indemnify any insured for any claim or "suit". DEFENSE AND SUPPLEMENTARY PAYMENTS 1. We will have the right and duty to defend the insured: a. Under Coverage A, against a "suit" seeking damages to which such coverage applies, if: (1) The "applicable underlying limit" is the applicable limit of insurance stated for a policy of "underlying insurance" in the Schedule Of Underlying insurance and such limit has been exhausted solely due to payments as permitted in Paragraphs 4.a.(1), and of COVERAGE A — EXCESS FOLLOW -FORM LIABILITY of SECTION I — COVERAGES; or The "applicable underlying limit" is the applicable limit of any "other insurance" and such limit has been exhausted by payments of judgments, settlements or medical expenses, or related costs or expenses (if such costs or expenses reduce such limits). For any "suit" for which we have the right and duty to defend the insured under Coverage A, defense expenses will be within the limits of insurance of this policy when such expenses are within the limits of insurance of the applicable "underlying insurance"; or b. Under Coverage B, against a "suit" seeking damages to which such coverage applies. 2. We have no duty to defend any insured against any "suit": a. Seeking damages to which this insurance does not apply; or b. If any other insurer has a duty to defend. EU 00 01071 2016 The Travelers Indemnity Company. All rights reserved. Page 3 of 22 UMBRELLA 3. When we have the duty to defend, we may, at our discretion, investigate and settle any claim or "suit". In all other cases, we may, at our discretion, participate in the investigation, defense and settlement of any claim or "suit" for damages to which this insurance may apply. If we exercise such right to participate, all expenses we incur in doing so will not reduce the applicable limits of insurance. 4. Our duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements, or defense expenses if such expenses are within the limits of insurance of this policy. S. We will pay, with respect to a claim we investigate or settle, or "suit" against an insured we defend: a. All expenses we incur. b. The cost of: (1) Bail bonds required because of accidents or traffic Law violations arising out of the use of any vehicle to which this insurance applies; or Appeal bonds and bonds to release attachments; but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. c. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of such claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. d. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. e. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. f. All interest that accrues on the full amount of any judgment after entry of the judgrrient and before we have paid, offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. If we do not pay part of the judgment for any reason other than it is more than the applicable limit of insurance, we will not pay any interest that accrues on that portion of the judgment. Page 4 of 22 With respect to a claim we investigate or settle, or "suit" against an insured we defend under COVERAGE A — EXCESS FOLLOW - FORM LIABILITY, these payments will not reduce the applicable limits of insurance, but only if the applicable "underlying insurance" provides for such payments in addition to its limits of insurance. With respect to a claim we investigate or settle, or "suit" against an insured we defend under COVERAGE B UMBRELLA LIABILITY, these payments will not reduce the applicable limits of insurance. SECTION II WHO IS AN INSURED REI A. COVERAGE A — EXCESS FOLLOW -FORM LIABILITY With respect to Coverage A, the following persons and organizations qualify as insureds: 1. The Named Insured shown in the Declarations; and 2. Any other person or organization qualifying as an insured in the "underlying insurance". If you have agreed to provide insurance for that person or organization in a written contract or agreement: a. The limits of insurance afforded to such person or organization will be: (1) The amount by which the minimum limits of insurance you agreed to provide such person or organization _ in that written contract or agreement exceed the total limits of insurance of all applicable "underlying insurance"; or The limits of insurance of this policy; whichever is Tess; and b. Coverage under this policy does not apply to such person or organization if the minimum limits of insurance you agreed to provide such person or organization in that written contract or agreement are wholly within the total limits of insurance of all available applicable "underlying insurance". B. COVERAGE B — UMBRELLA LIABILITY With respect to Coverage B: 1. The Named Insured shown in the Declarations is an insured. 2. If you are: a. An individual, your spouse is also an insured, but only with respect to the conduct of a business of which you are the sole owner. 2016 The Travelers elers Indemnity Company. Ail rights reserved. EU 1 07 1