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HomeMy WebLinkAboutHellas Construction PWCA Canyon Hills Park Synthetic Turf Project 11-08-2022 DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F Agreement No. AGREEMENT FOR PUBLIC WORKS CONSTRUCTION Hellas Construction, Inc. For the Canyon Hills Park Synthetic Turf Project CIP PROJECT NO. Z40024 This Agreement for Public Works Construction ("Agreement") is made and entered into as of November 8, 2022 by and between the City of Lake Elsinore, a municipal corporation ("City") and Hellas Construction, Inc. ("Contractor"). The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows: 1. The Protect and Protect Documents. Contractor agrees to construct the following public improvements("work") identified as: Contractor's Proposal Dated 10/26/2022(the"Project") The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Staff, are identified as: Synthetic Turf Purchase and Installation of Canyon Hills Community Park The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder's Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above-listed documents are made a part of this Agreement as though fully set forth herein. 2. Compensation. a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder's Proposal, such contract price being $2,778,315.00. 1 DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents. C. Contractor agrees to receive and accept the prices set forth in the Bidder's Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 3. Completion of Work. a. Contractor shall perform and complete all work within Ninety (90) working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project. C. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of $500.00 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 2 DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claim against the Contractor. Any change to the work shall be by way of a written instrument ("change order") signed by the City and the Contractor, stating their agreement to the following: a. The scope of the change in the work; b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance. The City Engineer is authorized to sign any change order provided that sufficient contingency funds are available in the City's approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. 5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney. 6. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City. 7. Licenses. Contractor represents and warrants to City that it holds the contractor's license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, the County and Board Supervisors, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to 3 DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 9. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. 4 DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F iv. Builder's Risk Coverage. Prior to the commencement of any construction of the Project, Design-Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder's risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). V. Professional Liability Coverage Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor's profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor's services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of 5 DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Hellas Construction Inc. Attn: Frank Petrini 12000 West Parmer Lane Austin Tx 78613 11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties for obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 14. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 15. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 16. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 6 DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F 17. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys'fees. 18. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 19. Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The City Engineer shall act as the Project administrator on behalf of the City. 20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 21. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 22. Prevailing Wages. a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. 7 DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced. C. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810. 23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] 8 DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" "CONTRACTOR" CITY OF LAKE ELSINORE, a municipal Hellas Construction Inc. corporation FDocuSigned by: av, S(,KArSbin, DocuSigned by: - Ff.- City Manager By: Frank Petrini Its: Chief Operating Officer ATTEST: DocuSigned by: City erk By: Click or tap here to enter text. APPROVED AS TO FORM: Its: Click or tap here to enter text. DocuSigned by: �a2 �P�i6o� City Attorney DocuSigned by: �6 t,AhV, l" Assistant City Manager 9 DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F EXHIBITA CONTRACTOR'S PROPOSAL [ATTACHED] DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F EXHIBIT B LIST OF SUBCONTRACTORS [ATTACHED] DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F October 26, 2022 Christ Erickson - Supervisor City of Lake Elsinore Public Works Department (951) 674-5170 Office (951) 453-9463 Mobile RE: Canyon Hills Community Park, CA - Synthetic Turf Proposal Hellas ConstrLI-tion, In-- is pleased to provide you with this proposal. Pricing is based on Hellas' current cooperative contract entitled Sourcewell 031622-HLC - Artificial Turf and Tracks with Installation, Related Equipment, Materials, and Supplies. Through this contract, Hellas' products have been competitively and lawfully bid providing member schools and agencies with quality and preferential pre-priced products and services. General Conditions will: 1. Provide project Insurance, Supervision and Mobilization. 2. Provide construction surveying, layout and staking. 3. Provide performance and payment bonds. 4. Provide, prior to construction, all required submittals. 5. Provide final punch-out and clean-up of the completed project. 6. Includes 8.75% sale tax on materials BASE PROPOSAL - FIELD 1 (Football, Soccer, Landscape) Existing Conditions scope of work: 1. Construct one (1) construction entrance. 2. Excavation to subgrade. Excavated materials will be stockpiled at owner's directed location within 5 miles of project site. 3. Removal and disposal of two (2) goal posts. Subgrade Hell' scope of work: 1. Scarify 6" of existing material, grade and compact to proper planarity and density. �Cp 6ENfgq �o A a A C a *AMERICAN SPORTS BUILDERS r 5 MEM6CR ASSOCIATION �AME0.ECa SKILL q y INTEGRITY s F oNSIBL�y CORPORATE HQ 12000 West Parmer Lane I Austin,TX 78613 T:(512)250-2910 I F:(512)250-1960 hellasconstruction.com DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F r I Concrete scope of work: 1. Concrete Curb - Construct ±1,380 lineal feet of concrete curb (12" x 6") reinforced with two (2) #4 rebar continuous. Field Drainage System scope of work: 1. HDPE Collector Piping— Provide and install the necessary HDPE piping for the field. Assumes connection point is inside of the existing sod field. If the connection point needs to be outside of the existing sod field, a remediation will be negotiated between owner and Hellas. Athletic Equipment scope of work: 1. Provide and install the following athletic equipment: A. 1 — Pair 8' offset, 30' upright Hellas goal posts B. 1 — Pair goal post pads Synthetic Turf Landscape Hellas scope of work: 1. Geotextile Fabric— Provide and install geotextile fabric over subgrade, under perimeter collector pipe and attach to nailer. 2. Nailer— Provide and install plastic 2" x 4" EcoNailerTM 3. Drainage Stone — Provide and place 3" aggregate base; each course laser graded and compacted to proper planarity and density. 4. Synthetic Tun`- Provide and install approximately 18,600 square feet of Limonta Landscape synthetic turf system with the noted installation options listed below. • Installation of unique silica pea gravel infill. • Provide 8-year manufacturer warranty. Synthetic Turf Field Hellas scope of work: 1. Geotextile Fabric— Provide and install geotextile fabric over subgrade, under perimeter collector pipe and attach to nailer. 2. Nailer— Provide and install plastic 2" x 4" EcoNailerTM 3. Composite Flat Drain — Provide and install 1" x 12" composite flat drain at 30' O.C. 4. Drainage Stone — Provide and place 5" permeable stone; each course laser graded and compacted to proper planarity and density. 5. Synthetic Turf- Provide and install approximately 80,000 square feet of Helix 46 oz. 100% Polyethylene Extruded Monofilament synthetic turf system with the noted installation options listed below. CORPORATE HQ 1 12000 West Parmer Lane I Austin,TX 78613 1 T:(512)250-2910 1 F:(512)250-1960 1 hellasconstruction.com DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F m • Football lines and markings per attached rendering. • Soccer lines and markings per attached rendering. • Proprietary REALFILLTM installation of unique silica pea gravel base and ambient ground SBR rubber. • Supply one (1) tow-behind ground-driven sweeper/groomer. • Provide 8-year manufacturer warranty. After synthetic turf installation is complete, will provide an operation and maintenance orientation for care of the turf field, and all supplied equipment quoted above. Field 1 - Proposal Price $ 1 ,432,403.59 Sales Tax on Materials $ 28,669.41 Bonds $ 10,587.00 Field 1 Base Proposal Total $ 1 ,471 ,660.00 BASE PROPOSAL — FIELD 2 (Soccer) Existing Conditions wieriam scope of work: 1. Construct one (1) construction entrance. 2. Excavation to subgrade. Excavated materials will be stockpiled at owner's directed location within 5 miles of project site. Subgrade Hell- scope of work: 1. Scarify 6" of existing material, grade and compact to proper planarity and density. Concrete 14®11- scope of work: 1. Concrete Curb - Construct ±975 lineal feet of concrete curb (12" x 6") reinforced with two (2) #4 rebar continuous. Field Drainage System Hellas scope of work: 1. HDPE Collector Piping — Provide and install the necessary HDPE piping for the field. Assumes connection point is inside of the existing sod field. If the connection point needs to be outside of the existing sod field, a remediation will be negotiated between owner and Hellas. CORPORATE HQ 1 12000 West Parmer Lane I Austin,TX 78613 1 T:(512)250-2910 1 F:(512)250-1960 1 hellasconstruction.com DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F m Synthetic Turf Field scope of work: 1. Geotextile Fabric— Provide and install geotextile fabric over subgrade, under perimeter collector pipe and attach to nailer. 2. Nailer— Provide and install plastic 2" x 4" EcoNaile.r. TM 3. Composite Flat Drain — Provide and install 1" x 12" composite flat drain at 30' O.C. 4. Drainage Stone — Provide and place 5" permeable stone; each course laser graded and compacted to proper planarity and density. 5. Synthetic Turf- Provide and install approximately 55,860 square feet of rnatrix( Helix 46 oz. 100% Polyethylene Extruded Monofilament synthetic turf system with the noted installation options listed below. • Football lines and markings per attached rendering. • Soccer lines and markings per attached rendering. • Proprietary REALFILLTM installation of unique silica pea gravel base and ambient ground SBR rubber. • Supply one (1) tow-behind ground-driven sweeper/groomer. • Provide 8-year manufacturer warranty. After synthetic turf installation is complete, will provide an operation and maintenance orientation for care of the turf field, and all supplied equipment quoted above. Field 2 - Proposal Price $ 906,297.77 Sales Tax on Materials $ 17,374.23 Bonds $ 7,368.00 Field 2 Base Proposal Total $ 931 ,040.00 CORPORATE HQ 1 12000 West Parmer Lane I Austin,TX 78613 1 T:(512)250-2910 1 F:(512)250-1960 1 hellasconstruction.com DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F Amh r I PROPOSAL ALTERNATES & CONTINGENCIES 1. Add alternate to provide and install Wave TM shock pad. Add to base proposal. Add Alternate 1 Amount for Field 1 $117,835.00 Add Alternate 1 Amount for Field 2 $ 91,755.00 2. Add alternate to provide and install infill in lieu of REALFILLTM. This option will require alternate 1. Add to base proposal. Add Alternate 2 Amount for Field 1 $145,380.00 Add Alternate 2 Amount for Field 2 $112,400.00 3. Suggested allowance for site improvements, including modifications for: lighting, electrical, sidewalk, sprinklers, etc. Add to base proposal. Suggested Allowance Amount $200,000.00 CORPORATE HQ 1 12000 West Parmer Lane I Austin,TX 78613 1 T:(512)250-2910 1 F:(512)250-1960 1 hellasconstruction.com DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F Ah r 1 � EXCLUSIONS 1. Any item of work not specifically listed above. 2. Any form of subgrade stabilization. 3. Poor subgrade soils — Hellas will proof roll subgrade to check for subgrade soil stability. Any failing subgrade remediation will be negotiated between owner and contractor. Hellas requires the owner to contract with a Geotechnical Engineer to perform a Geotechnical investigation of the site to determine the nature of the existing subgrade soils and make recommendations for any subgrade stabilization requirements. 4. Geotechnical Investigation. 5. Rock excavation or haul off. 6. Any embankment or processing of imported soils. 7. SWPPP/Erosion control. 8. Any concrete work outside the scope of this proposal. 9. Any fence work. 10. Engineering. 11.Construction materials inspection or testing. 12.Supply or installation of perimeter safety or construction fencing. 13.Site security. 14.Any Allowances or Contingencies. 15.Any permits or fees, including any utility impact fees generated by construction improvements. 16.Owner shall provide ingress/egress for ALL personnel, equipment and materials; typical construction traffic shall be expected for the duration of this contract. Contractor NOT responsible for damage due to typical construction traffic ingress/egress to the construction site. 17.General Contractor to supply secure laydown area for Hellas materials. Notwithstanding anything to the contrary in any of the Contract documents, under no circumstances shall the Performance bonds, maintenance bonds or the obligations of the Surety be liable for any warranty obligations that exceed 1 year from the date of substantial completion as defined in the Contract documents. rieiias eons ruction, inc, looks forward to the award of this project, and is eager to work with you. *Pricing valid for 14 days from date of this proposal. Alyssa Kent Senior Estimator Hellas Construction, Inc. CORPORATE HQ 1 12000 West Parmer Lane I Austin,TX 78613 1 T:(512)250-2910 1 F:(512)250-1960 1 hellasconstruction.com DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F AFRO° CERTIFICATE OF LIABILITY INSURANCE FIE(MM/DD/YYYY) /02/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-214-363-4433 CONTACT NAME: Ryan Goodwin Holmes Murphy & Associates - TX PHONE FAX WC. No Ext: 2147647536 WC,No): 12712 Park Central Dr. , Suite 100 E-MAIL r oodwin@holmesmur h com ADDRESS: g P Y Dallas, TX 75251 INSURER(S)AFFORDING COVERAGE NAIC# Greg Stitts INSURER A: ZURICH AMER INS CO 16535 INSURED INSURER B: AMERICAN GUAR & LIAB INS 26247 Hellas Construction, Inc. INSURER CILLINOIS UNION INS CO 27960 12000 W Parmer Lane INSURER ID: Cedar Park, TX 78613 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 64655635 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN R WVD POLICY NUMBER MM/DD MM/DD A GENERAL LIABILITY GL0869091402 03/05/22 03/05/23 EACH OCCURRENCE $2,000,000 7{ DAMAGE TO RENTED 300,000 COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE � OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 POLICY X PE OT F7 LOC $ • AUTOMOBILE LIABILITY BAP871436502 03/05/22 03/05/23 COMBINED SINGLE LIMIT 2,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident B X UMBRELLA LIAB X OCCUR AUC144839801 03/05/22 03/05/23 EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,000 DED RETENTION$ $ A WORKERS COMPENSATION WC871436402 03/05/22 03/05/23 X WC LIMIT ER AND EMPLOYERS'LIABILITY TORY LIMITS ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? FN ] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Pollution/Professional COOG72567857001 03/05/22 03/05/24 Claim/Agg 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Elsinore THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 521 N. Langstaff Street AUTHORIZED REPRESENTATIVE Lake Elsinore, CA 92530 USA ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD rgoodwintx 64655635 DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 03/02/2022 NAME OF INSURED: Hellas Construction, Inc. Certificate Holder is additional insured on General Liability and Auto Liability if required by written contract. Waiver of subrogation is provided to the Certificate Holder on the General Liability, Auto Liability and Employers Liability if required by written contract. 30 day notice of cancellation is provided to the Certificate Holder on the General Liability, Auto Liability, and Employers Liability policies if required b written contract. General Liability and Auto Liability coverage is primary and non-contributory of other insurance if required by written contract. Umbrella policy is follow form of the underlying General Liability, Auto Liabilit , Employers Liability and Contractual Liability. SUPP(10/00) DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F Additional insured -- Automatic — Owners, Lessees Or Z U RICH Contractors ................ ..__._..,_._...._ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 8690914-02 Effective Date: 03/05/2022 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II—Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office(ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37(10101 edition), such person or organization is then an additional insured with respect to such endorsement(s),but only to the extent that"bodily injury","property damage"or"personal and advertising injury"arises out of: (1) Your ongoing operations, with respect to Paragraph 1.a.above; or (2) "Your work",with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement. However,solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the"bodily injury","property damage"or"personal and advertising injury"offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or"property damage" caused by"your work"and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office(ISO) ISO CG 20 10 (07104 edition); or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s),but only to the extent that"bodily injury", "property damage"or"personal and advertising injury" is caused, in whole or in part, by: (1) Your acts or omissions;or (2) The acts or omissions of those acting on your behalf, U-GL-1114-A CW(1 111 B) Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F in the performance of: (a) Your ongoing operations,with respect to Paragraph 2.a,above; or (b) "Your work" and included in the "products-completed operations hazard", with respect to Paragraph 2.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (i) Only applies if the "bodily injury", "property damage" or"personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (ii) Does not apply to"bodily injury" or"property damage"caused by"your work"and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither Paragraph 1.nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured; a. Under the ISO CG 20 10 (04113 edition, any subsequent edition or if no edition date is specified);or b. With respect to ongoing operations(if no form is specified), such person or organization is then an additional insured only to the extent that"bodily injury", "property damage" or"personal and advertising injury" is caused, in whole or in part by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations,which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (c) Only applies if the"bodily injury","property damage"or"personal and advertising injury"offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. nor Paragraph 2.above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO GG 20 37(04113 edition, any subsequent edition or if no edition date is specified);or b. With respect to the"products-completed operations hazard"(if no form is specified), such person or organization is then an additional insured only to the extent that"bodily injury"or"property damage" is caused, in whole or in part by"your work"and included in the"products-completed operations hazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the"bodily injury"or"property damage"occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (4) Does not apply to "bodily injury' or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. U-GL-1114-A CW(11118) Page 2 of 4 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering of, or failure to render,any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment,training or monitoring of others by that insured, if the'occurrence"which caused the"bodily injury" or"property damage", or the offense which caused the"personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement,the following is added to Paragraph 2.Duties In The Event Of Occurrence,Offense,Claim Or Suit of Section IV—Commercial General Liability Conditions: The additional insured must see to it that: (1) We are notified as soon as practicable of an"occurrence"or offense that may result in a claim; (2) We receive written notice of a claim or"suit"as soon as practicable; and (3) A request for defense and indemnity of the claim or"suit"will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV — Commercial General Liability Conditions.- This insurance is excess over: Any of the other insurance,whether primary,excess,contingent or on any other basis,available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or"suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section III—Limits Of Insurance: Additional Insured—Automatic—Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: U-GL.-1114-A CVV(11118) Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F 1. Required by the written contract or written agreement referenced in Section A.of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms,conditions, provisions and exclusions of this policy remain the same. U-GL-1114-A CW(11118) Page 4 of 4 Includes copyrighted material of Insurance Services office,Inc.,with its permission. DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F POLICY NUMBER: CLO 8690914-02 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any Person or Organization that requires You to waive your Rights of Recovery, in a written contract or agree- ment with the Named Insured that is executed prior to the accident or loss. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 7 of 1 Wolters Kluwer Financial Services I Uniform FormsTM DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F Blanket Notification to Others of Cancellation ZURICH or Non-Renewal THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 1T CAREFULLY. Policy No. GLO 8690914-02 Effective Date: 03/05/2022 This endorsement applies to insurance provided under the; Commercial General Liability Coverage Part A. if we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. Such list: 1. Must be provided to us prior to cancellation or non-renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3. Must be in an electronic format that is acceptable to us. S. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within 10 days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non-renewal, but not including conditional notice of renewal, unless a greater number of days is shown in the Schedule of this endorsement for the mailing or delivering of such notification with respect to Paragraph 8.1.or Paragraph B.2. above. C. Our mailing or delivery of notification described in Paragraphs A.and B.of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. U-CL-1521-B CW(01119) Page 1 of 2 IneWdes copyrighted material of Insurance Services Office,Inc.,with its permission. DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B.of this endorsement. SCHEDULE The total number of days for mailing or delivering with respect to Paragraph 8.1. of this endorsement is amended to indicate the following number of days: The total number of days for mailing or delivering with respect to Paragraph 8.2. of this endorsement is amended to indicate the following number of days: * If a number is not shown here, 10 days continues to apply. If a number is not shown here, 30 days continues to apply. All other terms and conditions of this policy remain unchanged. U-GL-1521-B CW(01119) Page 2 of 2 Includes copyrighted material of Insurance Services Office.Inc.,with its permission. DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F POLICY NUMBER: BAP 8714365-02 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are"insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Hellas Construction, Inc. Endorsement Effective Date: 03/05/2022 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization to whom or which you are required to provide additional insured status or additional insured status on a primary, non-contributory basis, in a written contract or written agreement executed prior to loss, except where such contract or agreement is prohibited b law. Information required to complete this Schedule, if not shown above,will be shown in the Declarations, Each person or organization shown in the Schedule is an"insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section 11 — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 4810 13 O Insurance Services Office, Inc., 2011 Page 1 of 1 Wolters Kluwer Financial Services I Uniform Formsr^' DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F Coverage Extension Endorsement ZURICH Policy No. Eff. Date of Pol. I Exp. Date of Pol. Eff.Date of End. Producer No. Addl.Prem Return Prem. BAP 8714365-02 03/05/2022 03/05/2023 03/05/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section 11—Covered Autos Liability Coverage: The following are also"insureds": a. Any"employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also 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 business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an"auto"referenced in Paragraphs A.1.a. and AA.b.in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s)where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations,whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any"accident",will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured"will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment—Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section 11 — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. D-CA-424-F CW(04114) Page 1 of 6 includes copyrighted material of Insurance Services Office,Inc.,with its permission. DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II—Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section 11--Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section ill' — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total"loss"to a covered"auto",we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the"loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A,2.of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However,the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a, of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage—Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: U-CA-424-F CW(04114) Page 2 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto'; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered"auto". However, the most we will pay for any expenses for loss of use is$100 per day,to a maximum of$3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to$750 for"loss"to personal effects which are: (1) Personal property owned by an"insured"; and (2) In or on a covered"auto". b. Subject to Paragraph a.above,the amount to be paid for"loss"to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c, The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records,discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same"loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph 13.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B,2.c. of Section IV— Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for 'loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an"insured";and (b) Are in a covered"auto"at the time of"loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". U-CA-424-F CW(04/14) Page 3 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F K. Airbag Coverage The Exclusion in Paragraph 8.3.a.Of Section III—Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph R.4.a. of Section IV— Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us,the following applies for each covered "auto"on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller(or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller(or smallest) deductible. M. Physical Damage—Comprehensive Coverage—Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered"autos"damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss"from any one cause is$5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos—Physical Damage 1. The following is added to Section 1--Covered Autos: Temporary Substitute Autos—Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos"for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto"you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or S. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos—Physical Damage We will pay the owner for"loss"to the temporary substitute"auto" unless the"loss"results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident,Claim,Suit Or Loss Paragraph a.of the Duties In The Event Of Accident, Claim,Suit Or Loss Condition is replaced by the following: a. In the event of"accident", claim, "suit" or"loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner(if you are a partnership), a member(if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any U-CA-424-F CVV(04/14) Page 4af6 Includes copyrighted material of Insurance Services office,Inc.,with its permission. DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F agent, servant or employee of the "insured"to notify us of any"accident", claim, "suit"or"loss"shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or"suit"including, but not limited to, the date and details of such claim or"suit"; (2) The"insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident"or"loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. 0. Employee Hired Autos--Physical Damage Paragraph b. of the Other insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage,the following are deemed to be covered"autos"you own: (1) Any covered"auto"you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee"or elected or appointed official with your permission while being operated within the course and scope of that "employee's"employment by you or that elected or appointed official's duties as respect their obligations to you. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered"auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment,Misrepresentation Or Fraud Condition: However,we will not deny coverage under this Coverage Form if you unintentionally; 11) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of"autos"or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto—World Wide Coverage Paragraph 7a.(5)of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered"auto"is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of"bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U-CA424-F CW(04114) Page 5 of 6 Includes copyrighted material of insurance Services office,Inc.,with its permission. DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II—Covered Auto Liability Coverage is replaced by the following: Expected Or Intended injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage—Additional Temporary Transportation Expense Coverage Paragraph AA.a.of Section III—Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to$50 per day to a maximum of$1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss"to a covered "auto" of the private passenger type that is replaced with a hybrid "auto"or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of$2500, The covered "auto" must be replaced by a hybrid "auto"or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto' solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an"auto"powered by an alternative fuel source, X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered"autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-424-F CW(04/14) Page 6 of& Includes copyrighted material of Insurance Services office,Inc.,with its permission. DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F Blanket Notification to Others of Cancellation ZURICH or Non-Renewal Policy No. I Eff. Date of Pol. I Exp. Date of Pol. Eff.Date of End. Producer No. Add'I,Prem r2eturn Prem. BAP 8714365-02 03/05/2022 03/05/2023 03/05/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage fart A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first fumed Insured if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non-renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non-renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A.and B.of this endorsement is intended as a courtesy only, Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal;or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A.and B.of this endorsement. All other terms and conditions of this policy remain unchanged. U-CA-832-A CVV(01/13) Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. 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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( )Specific Waiver Name of person or organization ( X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s) arising out of the operations described. 4. Advance Premium: This endorsement changes the policy to which it is attached and is Effective an 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 03/05/2022 Policy No, WC 8714364-02 Endorsement No. Insured Hellas Construction, Inc. Premium Zurich American Insurance Company Countersigned by WC 42 03 04 B ©Copyright 2014 National Council on Compensation Insurance,Inc.All Rights Reserved. Page 1 of 9 (Ed. 06-14) Wolters Kluwer Financial Services I Uniform F'orm04 DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION 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 03/05/2022 Effective Policy No. WC 8714364-02 Endorsement No. Insured Hellas Construction, Inc. Premium $ Zurich American Insurance Company Countersigned by WC124(4-84) Page 1 of 1 WC 00 03 13 Copyright 1983 National Council on Compensation Insurance, Inc. Uniform FormsTM1O DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 43 BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement adds the following to Part Six of the policy. PART SIX CONDITIONS Blanket Notification to Others of Cancellation or Nonrenewal 1. If we cancel or non-renew this policy by written notice to you,we will mail or deliver notification that such policy has been cancelled or non-renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list: a. Must be provided to us prior to cancellation or non-renewal; b. Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non-renewed; and c. Must be in an electronic format that is acceptable to us. 2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list: a. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or b. At least 30 days prior to the effective date of: (1) Cancellation, if cancelled for any reason other than nonpayment of premium;or (2) Non-renewal, but not including conditional notice of renewal. 3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only. Our failure to provide such mailing or delivery will not: a. Extend the policy cancellation or non-renewal date; b. Negate the cancellation or non-renewal;or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs 1, and 2.above. All other terms and conditions of this policy remain unchanged. 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 03/05/2022 Policy No. WC 8714364-02 Endorsement No. Insured Hellas Construction, Inc. Premium$ Zurich American Insurance Company WC 99 06 43 Page 1 of 1 (Ed.01-13) Includes copyright material of the National Council on Compensation Insurance,Inc.used with its permission. 02012 Copyright National Council on Compensation Insurance,Inc.All Rights Reserved. DocuSign Envelope ID:88CBFFC7-83FA-410B-A58A-4183A9EB857F BUSINESS LICENSE CITY OF LAKE ELSINORE This business license is issued for revenue purposes only and does not grant authorization Administrative Services-Licensing to operate a business. This business license is issued without verification that the holder is 130 South Main Street, Lake Elsinore, CA 92530 subject to or exempted from licensing by the state,county,federal government,or any PH (951)674-3124 other governmental agency. Business Name: HELLAS CONSTRUCTION BUSINESS LICENSE NO. 022612 Business Location: 12710 RESEARCH BLVD STE 240 Business Type: GENERAL BUILDING CONTRACTOR AUSTIN,TX 78759-4319 Owner Name(s): Description: GENERAL CONTRACTOR Issue Date: 1/1/2022 Expiration Date: 12/31/2022 HELLAS CONSTRUCTION 12000 W PARMER LN CEDAR PARK, TX 76813 Starting January 1,2021,Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments.A full notice is available in English or other languages by going to:https://www.dca.ca.gov/publications/ TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE mi CITY OF LAKE ELSINORE CIP Project No.Z40024 BOND NO. 022234153 PREMIUM$18,282.00 FAITHFUL PERFORMANCE BOND (100%of Total Contract Amount) WHEREAS,the City Council of the City of Lake Elsinore,State of California,has awarded to and entered into an Agreement with Hellas Construction Inc.(hereinafter designated as"Principal")whereby Principal agrees to construct or install and complete certain designated public improvements,which said Agreement,effective on the date signed by the City Manager,and identified as Canyon Hills Community Park Synthetic Turf CIP PROJECT NO.Z40024 is hereby referred to and made a part hereof;and WHEREAS,said Principal is required under the terms of said Agreement to furnish a bond guaranteeing the faithful performance of said Agreement. NOW THEREFORE,we the undersigned Principal and Liberty Mutual Insurance Company as Surety,are held and firmly bound unto the City of Lake Elsinore(hereinafter designated as"City")in the penal sum of Two Million Seven Hundred Seventy-eight' dollars($z,TT8,3fs.o0),lawful money of the United States,for which payment of which sum well and truly to be made,we bind ourselves,our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,that if the above bounded Principal,his or 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 provisions in said Agreement and any alterations thereof made as therein provided,on his or her or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City,its officers,agents and employees,as therein stipulated, then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorneys'fees,incurred by City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change,extension of time,alteration,or addition to the terms of the Agreement or to the work to be performed thereunder,or the specifications accompanying the same shall in any way affect its obligations on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the Agreement or to the work or the specifications. (SIGNATURE PAGE FOLLOWS) •Thousand Three Hundred Fifteen And No1100 Dollars Notwithstanding anything to the contrary in any of the contract documents,neither the Surety nor contractor shall be liable for any warranty obligations exceeding t year from the date of substantial completion as defined in the contract documents. CITY OF LAKE ELSINORE CIP Project No. Z40024 BOND NO. 022234153 SIGNATURE PAGE TO FAITHFUL PERFORMANCE BOND IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named and we have hereunto set our hands, and seals on this1othday of January 20 23. BIDDER/PRINCIPAL: SURETY: Principal Name: Hellas Construction, Inc. Name: Liberty Mutual Insurance Company Address: 12000 West Parmer Lane Address: 175 Berkeley Street Austin, TX 78613 Boston, MA 02116 Telephone No.: (512) 250-2910 Telephone No.: (617) 357-9500 Print Name: RoP399ar DC Print Name: Ginger Hoke Attorney-in-Fact Signature. Signature: Approved as to Form this `��N001, R tj�;?,,,�' OR 1l day of 20� =a� SEAL 00 �z ieyo ttorne y � EX 1 Lake Elsinore �4''o,,1111111iII110%����``��� NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All signatures must be acknowledged before a notary public (attach acknowledgments). The attorney-in-fact for the corporate surety must be registered. as such. in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond). BOND NO. 022234153 PREMIUM $ 18,282.00 LABOR AND MATERIALS BOND (100%of Total Contract Amount) WHEREAS, the City Council of the City of Lake Elsinore, State of California, has awarded to and entered into an Agreement with Hellas Construction Inc.(hereinafter designated as "Principal") whereby the Principal agrees to construct or install and complete certain designated public improvements, which said Agreement, effective on the date signed by the City Manager, and identified as Canyon Hills Community Park Synthetic Turf CIP PROJECT NO. Z40024 is hereby referred to and made a part hereof; and WHEREAS, under the terms of the Agreement, said Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Lake Elsinore to secure the payment of claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we the undersigned Principal and Liberty Mutual Insurance Company, as Surety are held and firmly bound unto the City of Lake Elsinore (hereinafter designated as "City") and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Agreement as referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code, In the sum of Two Million Seven Hundred Seventy-eight' dollars ($ 2,778,315.00 ), lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work and labor, that the Surety will pay for the same in an amount not exceeding the sum specified in this bond. In the event suit is brought upon this bond, the Surety shall pay in addition to the face amount thereof, all costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is expressly stipulated and agreed that this bond shall inure to the benefit of any of the persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code, to give a right of action to such persons or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. *Thousand Three Hundred Fifteen And No/100 Doi larsNotwithstanding anything to the contrary in any of the contract documents,neither the Surety nor contractor shall be liable for any warranty obligations exceeding 1 year from the date of substantial completion as defined in the contract documents. (SIGNATURE PAGE FOLLOWS) CITY OF LAKE ELSINORE CIP Project No. Z40024 BOND NO. 022234153 SIGNATURE PAGE TO LABOR AND MATERIALS BOND IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named and we have hereunto set our hands, and seals on this 10thday of January 2023. BIDDER/PRINCIPAL: SURETY: Principal Name: Hellas Construction, Inc. Name: Liberty Mutual Insurance Company Address: 12000 West Parmer Lane Address: 175 Berkeley Street Austin, TX 78613 Boston, MA 02116 Telephone No.: (512) 250-2910 Telephone No. : (617) 357-9500 Print Name: :T OS T%%c>tAkS Print Name: Ginger Hoke Attorney-in-Fact Signature. .•� Mhor ��S'b� � e: V Mai I A's Approved as to Form this = SEAL "•J day of JArW " 003 20 •' ` •, EX A5 #iAttorney ake Elsinore NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto_. All signatures must be acknowledged before aAll signatures must be acknowledged before a notary (attach acknowledgments). The attorney-in-fact for the corporate surety must be registered, as such, in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond). CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Civil Code § 1 189 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 truthfullness, accuracy or validity of that document. State of County of DC-N-5 On - O 'oZ O -),3 before me, L,o r;a W;u io0.rA s Notary Public Date Name and TrIfe of Notary personally appeared Ginger Hoke Name and or Names of Signer(s) Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of ` �� LORIE WILLIAMS :`,'��pY PUB'�� :_�.'' ��,:Notary Public,State of Texas the State of California that the foregoing paragraph is true _ .: and correct. w +z Comm.Expires 01-19-2024 Notary ID 128853613 4rr11N Witness my hand and official se I. Signature -711 otary Public Signature Place Notary Public Seat Above OPTIONAL Though the information below is not required by law,it may prove valuable to the persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Document Date Number of Pages: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner- ❑Limited ❑General IF191MIR I. SUM Partner- ❑Limited ❑General ❑ Guardian or Conservator Top of t hum-b ❑ Guardian or Conservator - Top of fMxnb 0 Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Other: ❑ Other: Signer is representing Signer is representing This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual.lutual. The Ohio Casualty Insurance Company Certificate No: 8206213-969499 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized V� 'r4foftk8t�9� �na(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, all of the city of Dallas state of TX each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver;for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. I N WITNESS WHEREOF,this Powerof Attomey has been subscribed byan authorized officerorofficial of Companies and the corporate seals of the Companies have been affixed thereto this 31 st day of Aueust 2021 Liberty Mutual Insurance Company %Nsu �tv IN 1NsuR The Ohio Casualty Insurance Company tiJP o�jR hJPo�a°OR9r�y �p caR°O�r��o West Ame n Insurance Company J + "b c o n r o M 1912 s 0 c 1919 1991 0 q k o a ,y9 gcM'I ~hAN9 �a� YS fhD1AN� ,aa ei� By: David M.Carey,Assistant Secretary State of PENNSYLVANIA ss County of MONTGOMERY On this 31 st day of Aueust 2021 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. 9P PASl �ONwr F< commonwealth of Pennsytvania-Notary Seal '�l�y Teresa Pastenigor is Notary Public � 144t& Montgomery County OF My carterassron eapres March 2&2025 r Commwasion number 1126044 By.—r Me .Pennsylvania Association or Notanes Teresa Pastella,Notary Public mber. ARy Pam' This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full farce and effect reading as follows: ARTICLE IV-OFFICERS:Section 12.Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations.Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-tact under the W provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. a) ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, ` shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, N tm bonds,recognizances and other surety obligations.Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the O v N Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if o signed by the president and attested by the secretary. a) > Certificate of Designation-The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such (-D_ y 3 attomeys-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and >'ro C;a other surety obligations. a0 m o y Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the O_ o — Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with m 0 oa0i the same force and effect as though manually affixed. O N lc to I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do o N a)y hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and Q ce) tp a) has not been revoked. 4- r CIN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this I Oth day of January 2023 P� 1NS1/R9 ���! INgvp30 cc O fT3 �J 4oaroger�ti� gJ`�oo�F~y `vP GaaPut4r�y� tl U >� 1912 1919 s 1991 0 o- o a o B ate: > d�eB,cH�g``ya o�'h,Nvs�.pa Yd, rMuuq� ,+S y. M a- o *� Renee C.Llewellyn.Assistant Secretary � c t Z tJ LMS-12873 LMIC OCIC WAIC Multi Co 02121 O O ��