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HomeMy WebLinkAboutSCW Contracting PWCA City Hall Structural Steel Bid Set B CIP No. Z20006 03-26-20241 Agreement No. __________ AGREEMENT FOR PUBLIC WORKS CONSTRUCTION SCW Contracting Corporation For the City Hall Structural Steel Bid Set “B” CIP PROJECT NO. Z20006 This Agreement for Public Works Construction (“Agreement”) is made and entered into as of March 26, 2024 by and between the City of Lake Elsinore, a municipal corporation (“City”) and SCW Contracting Corporation (“Contractor”). The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows: 1. The Project and Project Documents. Contractor agrees to construct the following public improvements (“work”) identified as: City Hall Structural Steel Bid Set “B”(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: City Hall Structural Steel Bid Set “B” 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 five million one hundred one thousand nine hundred twenty four dollars and no cents $5,101,924.00. DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 2 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 140 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 1000 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. DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 3 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 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 4 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. DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 5 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 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 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 6 If to Contractor: SCW Contracting Corporation Attn: Attn: Andrew Scrape 2525 N. Old Hwy 395 Fallbrook CA 92028 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. 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 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 7 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. 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 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 8 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY” CITY OF LAKE ELSINORE, a municipal corporation CONTRACTOR” SCW Contracting Corporation City Manager ATTEST: By: Andrew Scrape Its: Vice President City Clerk APPROVED AS TO FORM: City Attorney Assistant City Manager DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 EXHIBIT A CONTRACTOR’S PROPOSAL ATTACHED] DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 Five Million One Hundred One Thousand Nine Hundred Twenty Four Dollars 5,101,924.00 705,060.00 738,318.00 135,000.00 137,000.00 3,135,000.00 124,000.00 127,546.00 LS LS LS LS LS LS LS 1 1 1 1 1 1 1 705,060.00 738,318.00 135,000.00 137,000.00 3,135,000.00 124,000.00 127,546.00 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 3/08/2024 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 EXHIBIT B LIST OF SUBCONTRACTORS ATTACHED] DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 Steel Decking 2817 E. Cedar Street, Suite 200, Ontario, CA 91761 590332 The McIntyre Company DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 BOND NO. 024270357 PREMIUM $ 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 SCW Contracting Corporation (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 CITY HALL BUILDING CIP PROJECT NO. Z20006 STEEL 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 FIVE MILLION ONE HUNDRED ONE THOUSAND NINE HUNDRED TWENTY FOUR and 00/100 dollars ($5,101,924.00), 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. SIGNATURE PAGE FOLLOWS) D-13 024270357 BOND NO. SIGNATURE PAGE TO LABOR AND MATERIALS BOND IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this 16TH day of APRIL 20 24 Contractor Name: SCW CONTRACTING CORPORATION Address: 2525 NORTH OLD HIGHWAY 395 FALLBROOK, CA 92028 Telephone No.: 760/728-1308 Print Name: Signature: SCRAPE, VICE PRESIDENT Approved as tb Fids' day of PrCVAL, - 201,4 11-)44 J6 l ti'; C. i Attorney City of Lake Elsinore SURETY: Name: LIBERTY MUTUAL INSURANCE COMPANY Address: P.O. BOX 34526 SEATTLE, WA 98124 Telephone No.: 714/922-2504 Print Name: MARK D. IATAROLA Attorney -in -Fact Signature: /q, 0 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). D-14 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 yk-;a:s.a ars<:.a i€a;.:.. - t?:aa ax s,c r A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document I to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County ofSado J} On 04/25/2024 Date personally appeared Andrew before me, Elizabeth A. Bulger, Notary Public Here Insert Name and Title of the Officer Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&) whose names) is/afe subscribed to the within instrument and acknowledged to me that he/slae/t4W executed the same in his/bef/t4eir authorized capacity('ies), and that by his/he iAeir signature(&) on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing ELIWEMA. BULGER paragraph is true and correct. Nota"y public - Californiar LA, San Diego County WITNESS my hand and official se k. Commission # 2347977 my Comm. Expires Feb 14, 2425 Signature Place Notary Seal and/or Stamp Above Tisignature JOWtary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Labor and Materials Bond City of Lake Elsinore_ City Hall Bldg CIP No. Z20006 Steel Document Date: 4/16/2024 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Andrew Scrape Corporate Officer — Title(s): Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: 02018 National Notary Association Signer's Name: Corporate Officer — Title(s): Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies onlythe identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 4/16/2024 Date personally appeared before me, SANDRA FIGUEROA, NOTARY PUBLIC Here Insert Name and Title of the Officer MARK D. IATAROLA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(4 is/afesubscribed to the within instrument and acknowledged to me that he/ehe*tey executed the same in his/*e64heif authorized capacity(ies), and that by his/"-A;eif signature(e) on the instrument the person(, or the entity upon behalf of which the person(a) acted, executed the instrument. SANDRA FIGUEROA COMM. # 2334108 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES SEPTEMBER 22, 2024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Nc6gry Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above:. _ Capacity(les) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA Corporate Officer - Title(s): Partner - Limited General Individual N Attorney in Fact Trustee Guardian of Conservator Other: Signer is Representing: 02017 National Notary Association N u m ber of Pages: Signer's Name: Corporate Officer- Title(s):,- itle(s):,_ Partner - Limited General Individual Attorney in Fact Trustee Guardian of Conservator Other: 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. The Ohio Casualty Insurance Company Certificate No: 8205111-024100 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 under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Helen Maloney; John G Maloney-, Mark D Iatarola; Sandra Figueroa; Tracy Holmes; Tracy Lynn Rodriguez all of the city of Escondido state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of March 2021 Liberty Mutual Insurance Company 1rrSU 'o rus0 a xsuRq The Ohio Casualty Insurance Company P6i+a R9y West American Insurance Company a asn aBan 3 Bad 1912 n ox1919 o a 1991 0 dV1 aC HU50da y0 *44wlAY b a 'vblAµp- By State of PENNSYLVANIA David M. Carey, Assistant Secretary County of MONTGOMERY ss On this 29th day of March 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. Commonwealth of Pennsylvania - Notary Seal Teresa Paslella, Notary Public kYMontgomery County %, My commission expires March 20, 2025 By: v Commission number 1126044 iY a Mmrt3mr, Pennsylvenln AssacQ ton of Nvmncn TerCSa Pastella. Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV- OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as 9 signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 16TH day of APRIL , 2024 . v SHSU 4ZY ITfgV lt3SUR 4.4oµP4u4 yC SJpc.°On4?,R!- t+$ Oavb'4T9 1912 19 1991 a — By ri y m as,'ifmflsrs3ovn_ ut NAb Renee C. Llewellyn, Assistant Secretary LMS -12873 LMIC OCIC WAIC Multi Cc 02121 Q 0- O G O 0 o y N 00 0N EL 00 c rn — m U 024270357 BOND NO. PREMIUM $ 40,391.00 PREMIUM IS FOR CONTRACT TERM AND ISFAITHFULPERFORMANCEBONDBASED NFINALUBJECT TONTRAADJUSTMENT BASED ON FINAL CONTRACT PRICE 100% of Total Contract Amount) KNOW ALL MEN AND WOMEN BY THESE PRESENTS: THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City," has awarded to SCW CONTRACTING CORPORATION as Principal hereinafter designated as "Contractor" and have entered into a Contract Agreement whereby the Contractor agrees to construct or install and complete certain designated public improvements, which said Contract Agreement, effective on the date signed by the Mayor, and identified as CITY HALL BUIDLING CIP PROJECT NO. Z20006 STEEL is hereby referred to and made a part hereof; and WHEREAS, said Contractor under the terms of said Contract Agreement is required to furnish a bond guaranteeing the faithful performance of said Contract Agreement; NOW THEREFORE, we the undersigned Contractor and LIBERTY MUTUAL INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Lake Elsinore, County of Riverside in the penal rVF MILLION ONE HUNDRED ( ysumofONlED_l1SANQNINEHUNDRED7WENTYFOURAND=100 dollars $ 5,101,924.00 lawful money of the United States, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Contractor, 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 Contract 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 of Lake Elsinore, 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. In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract Agreement or to the work to be performed thereunder, or the Provisions 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 Contract Agreement or to the work or the Provisions. D-10 SIGNATURE PAGE FOLLOWS) D-11 024270357 BOND NO. SIGNATURE PAGE TO FAITHFUL PERFORMANCE BOND IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this 16TH day of APRIL 20 24 . Contractor Name: SCW CONTRACTING CORPORATION Address: 2525 NORTH OLD HIGHWAY 395 FALLBROOK, CA 92028 Telephone No.: 760/728-1308 Print Name Signature: Approved SCRAPE. VICE PRESIDENT day of 20 CiMttorney City of Lake Elsinore SURETY: Name: LIBERTY MUTUAL INSURANCE COMPANY Address: P.O. BOX 34526 SEATTLE, WA 98124 Telephone NO.. 714/922-2504 Print Name: MARK D. IATAROLA Attorney -in - Signature: , a 1=4 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). D-12 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies onlythe identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County ofSame J} On 04/25/2024 Date personally appeared And before me, Elizabeth A. Bulger, Notary Public Here Insert Name and Title of the Officer Scrape Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/afe subscribed to the within instrument and acknowledged to me that he/s4e/t4W executed the same in his/howt4ew authorized capacity(ies), and that by his/hef hesir signature(.&) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. am ELIZABETH A. 5ULGER Notary Public• California San Diego County g! Commission # 2347977 y Comm. Expires Feb 19, 2025 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signgtu f Nota Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Performance Bond City of Lake Elsinore City Hall Bldg CIP No. 220006 Steel Document Date: 4/16/2024 _Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Andrew Scrape Corporate Officer — Title(s): Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: 02018 National Notary Association Signer's Name: Corporate Officer — Title(s): Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 4/16/2024 Date personally appeared before me, _ SANDRA FIGUEROA, NOTARY PUBLIC Here Insert Name and Title of the Officer MARK D. IATAROLA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personN whose name(s} is/afe-subscribed to the within instrument and acknowledged to me that he/611 executed the same in his/eif authorized capacity(ies), and that by his/"k;eir signature(s) on the instrument the person(, or the entity upon behalf of which the person(a) acted, executed the instrument. SANDRA FIGUEROA COMM. # 2334108 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES P- SEPTEMBER 22,2024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature - Signature of NofWy Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above:. __ Capacity(les) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA Corporate Officer - Title(s): Partner - Limited General Individual M Attorney in Fact Trustee Guardian of Conservator Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: Corporate Officer - Title(s): Partner - Limited General Individual Attorney in Fact Trustee Guardian of Conservator Other: Signer is Representing: eka,+is: : ; _ _ ;;i= -ink : a'i3:s:;;:,•.k^yg . 10. Liberty Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8205111-024100 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Helen Maloney; John G. Maloney; Mark D latarola; Sandra Figueroa; Tracy Holmes; Tracy Lynn Rodriguez all of the city of Escondido state of C'N Each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of March , 2021 . Liberty Mutual Insurance Company Ksu. 01 INS a 1143up The Ohio Casualty Insurance Company oqr +y 01L`1Rar 4y PGWA"o gc, West American Insurance CompanyFFon ¢ z °o m 1912 p 1919¢0 d 1991 0 //1 CHu`+a yD w'+ nrnrs dL$ fid, Wnuxr aa By: R' l s.vr U6z7 * a HI * yd 3 y + } David M. Carey, Assistant Secretary State of PENNSYLVANIA ss County of MONTGOMERY On this 29th day of March , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual 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 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. duly C\ CaornonweallIn or Panrsynan a • Not2ry Seal f `. Teresa Pas:ella, Notary Public qF Montgomery County My commission expires March 28, 2025 By: r Commission number 1126044 to '.r, • A!emi:r, P"n-nloan:a Asaoriallon or NaWr— Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such 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-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5 Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 16TH day of APRIL , 2024 P % NSl1 IY WS& f7 1NSURq J cor PaR4r p£ 4`r cos a oR °i y GP co aR4? 0 3 to to v} Fa m tu r Fo Sn 1912 1919w0 1991 tr Ha*raaa s PAIA 4b By: Renee C. Llewellyn, Assistant Secretary LMS -12873 LMIC OCIC WAIC Multi Co 02/21 00vN OC9 cN a co 6 pr C(0Crn — It U ar M ON 03/27/2024 Michael Ehrenfeld Company Insurance Agents An Acrisure Agency CA 0K07568 2655 Camino Del Rio North #200 San Diego CA 92108 Hope Perry (Zamichieli) 619) 683-9990 (619) 683-9999 hopez@ehrenfeldinsurance.com SCW Contracting Corp 2525 N. Old Hwy #395 Fallbrook CA 92028 Hartford Fire Insurance Company 19682 AXIS Surplus Insurance Co 26620 Hartford Casualty Insurance Company 029424 Westchester Surplus Lines Insurance Co 10172 Aspen Specialty Insurance Company 10717 23-24 ALL LIABILITY A Contractual Liability Deductible: $0 Y Y 53UENOH9024 10/01/2023 10/01/2024 1,000,000 300,000 10,000 1,000,000 2,000,000 2,000,000 A Ded - $0 Y Y 53UENOH9025 10/01/2023 10/01/2024 1,000,000 B 0 Y Y P00100076463703 10/01/2023 10/01/2024 5,000,000 5,000,000 C N Y 53WEOH9H11 10/01/2023 10/01/2024 1,000,000 1,000,000 1,000,000 D Contractors Pollution Liability G4681759A007 10/01/2023 10/01/2024 Each Pollution Condition $2,000,000 General Aggregate $2,000,000 Deductible:$5,000 Job #: 2415 - LECH Job Type: ] City Hall Building CIP Project No. Z20006 The City of Lake Elsinore, its elected or appointed officers, officials, employees, agents and volunteers are afforded additional insured, primary/non-contributory and waiver of subrogation where required by written contract per attached policy endorsement forms. Should any of the above coverage be provided by an OCIP/Wrap insurance program, these policies will apply for off-site coverage only. 30 Day Notice of Cancellation Except 10 Day Notice of Cancellation Applies For Non Payment of Premium. City of Lake Elsinore 130 S. Main Street Lake Elsinore,CA 92530 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT A/C, No): FAX E-MAILADDRESS: PRODUCER A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: Per accident) Ea accident) N / A SUBR WVD ADDL INSD 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. PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOSONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY) POLICY EXP( MM/DD/YYYY) POLICYEFFPOLICYNUMBERTYPEOFINSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE AGGREGATE OCCUR CLAIMS-MADE DED RETENTION $ PRODUCTS - COMP/OP AGG GENERAL AGGREGATE PERSONAL & ADV INJURY MED EXP (Any one person) EACH OCCURRENCE DAMAGE TO RENTED $ PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 SCW ContractingCorpMichaelEhrenfeldCompanyInsuranceAgents 25 Certificate of Liability Insurance: Notes INLAND MARINE -CONTRACTORS EQUIPMENT COVERAGE INSURER E: Aspen Specialty Insurance Company- Policy #IM00PGP23 Effective 10/01/2023 - 10/01/2024 INSTALLATION FLOATER: $50,000 Limit Per Project EQUIPMENT LEASED/RENTED FROM OTHERS: $250,000 Limit Per Item/Per Occurrence COVERED LOCATION: 2525 N. OLD HIGHWAY 395, FALLBROOK CA 92028 BUSINESS PERSONAL PROPERTY LIMIT -- THE MOST WE” PAY FOR LOSS AT ANY ONE “COVERED LOCATION” - $2,500,000 Includes 1) at the site of installation, fabrication, or erection; or 2) while in temporary storage awaiting installation, fabrication, or erection. ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 ABCDEFGHI THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX 1.Alienated Premises Coverage....................................................................................................................1 2.Damage To Your Work..............................................................................................................................1 3.That Particular Part....................................................................................................................................1 4.Contractors Limited Professional Liability...................................................................................................2 5.Per Project and Per Location General Aggregate Limits Of Insurance........................................................2 6.Medical Payments Coverage - Including Products - Completed Operations...............................................3 7.Injury To Employee's Reputation With Respect To Incidental Medical Malpractice ....................................3 8.Bodily Injury Employee Suits......................................................................................................................4 9.Consolidated Insurance (Wrap-Up) Programs............................................................................................4 10.Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability ........................5 11.Supplementary Payments..........................................................................................................................5 12. Two Or More Coverage Parts Or Policies Issued By Us.............................................................................6 13.Notice of Cancellation to Certificate Holders..............................................................................................6 14.Contractual Liability Coverage For Personal And Advertising Injury...........................................................6 15.Insured Contract Definition.........................................................................................................................6 of the insured , regardless of whether the1 . ALIENATED PREMISES COVERAGE property damage" arises from breachofExclusionj. Damage To Property of Section I - contract.Coverage A is amended as follows: B. Exclusion l. Damage To Your Workofa.The following exception to the exclusion is Section I - Coverage A is replaced bythedeleted:following: Paragraph (2) of this exclusion does not apply l. Damage to YourWorkifthepremisesare "your work" and were " Property damage" to that particularpartneveroccupied, rented or held for rental by of "your work" that must be restored,you. repaired or replaced because "your work" b.This exception is replaced by the following:was incorrectly performed and included in the "products-completedoperationsParagraph (2) of this exclusion does not apply hazard".if the premises are "your work". This exclusion does not apply if thedamaged2. DAMAGE TO YOUR WORK work or the work performed incorrectlywasA. Section I - Coverage A - Bodily Injury And performed on your behalf by a subcontractor.Property Damage Liability, Paragraph 1. This Paragraph 2.B. does not apply ifExclusionInsuringAgreementisamendedtoaddthe l. Damage To Your Work has beenotherwisefollowing: modified by endorsement.f.Damages because of "property damage" 3. THAT PARTICULARPARTincludedamagestheinsuredbecomes legally obligated to pay because of This Paragraph 3. applies to Exclusion j. property damage" to "your work" or Damage to Property, subparagraphs (5), and (6), caused by "your work", and such "property Exclusion k. Damage to Your Product, anddamage" shall be deemed to be caused Exclusion l. Damage to Your Work. by an "occurrence", if not intended or expected from the standpoint Form HS 24 50 12 20 © 2020, The Hartford Page 1 of 7 POLICY NUMBER: 53UENOH9024 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 When performing operations as a "general afforded under this Coverage Part is excess over contractor", the term that particular part shall not such other valid and collectible Professional mean the entire construction, improvement or Liability insurance (including any deductible or renovation project. For purposes of this provision, self-insured retention portion thereof), and any the term "general contractor" means the other valid and collectible insurance available to contractor signing the prime construction contract the insured whether primary, excess, contingent for a construction, erection, improvement or or on any other basis. renovation project and that has main responsibility 5. PER PROJECT AND PER LOCATIONGENERALforsuchprojectincludinghiringalloftheAGGREGATELIMITSOFINSURANCEsubcontractorsandsuppliers. A.For all sums which the insuredbecomes4. CONTRACTORS LIMITED PROFESSIONAL legally obligated to pay as damagescausedLIABILITYby "occurrences" under Section I - Coverage The following exclusion is added to Paragraph 2.,A, and for all medical expenses caused by Exclusions of Section I - Coverage A - Bodily accidents under Section I - Coverage C, Injury And Property Damage Liability, and to which can be attributed only to ongoing Paragraph 2., Exclusions of Section I -operations at a single "project" or a single location";Coverage B - Personal And Advertising Injury Liability:1.A separate Per Project General Aggregate Limit or a separatePerThisinsurancedoesnotapplyto "bodily injury", Location General Aggregate Limit applies"property damage" or "personal and advertising to each "project" or "location", whicheverinjury" arising out of the rendering of or failure to is applicable. The Per ProjectGeneralrenderanyprofessionalservicesbyyouwith Aggregate Limit and PerLocationrespecttoyourprovidingengineering, Aggregate Limit is equal to the amountofarchitecturalorsurveyingservicesinyour the General Aggregate Limit shown inthecapacityasanengineer, architect or surveyor. Declarations.Professional services include: 2.The Per Project General Aggregate Limit(1)The preparing, approving, or failing to prepare or the Per Location GeneralAggregateorapprove, maps, shop drawings, opinions, Limit, whichever applies, is the mostwereports, surveys, field orders, change orders, will pay for the sum of all damagesunderordrawingsandspecifications; and Coverage A. except damages because of( 2)Supervisory or inspection activities performed "bodily injury" or "property damage" as a part of any related architectural or included in the "products-completedengineeringactivities.operations hazard", and for medical This exclusion applies even if the claims against expenses under Coverage C regardless any insured allege negligence or other wrongdoing of the number of; in the supervision, hiring, employment, training or a.Insureds; monitoring of others by that insured, if the b.Claims made or "suits" brought; or"occurrence" which caused the "bodily injury" or property damage", or the offense which caused c.Persons or organizations making the "personal and advertising injury", involved the claims or bringing "suits". rendering of or failure to render any professional 3.Any payments made under CoverageAservicesbyyouwithrespecttoyourprovidingfordamagesorunderCoverageCforengineering, architectural or surveying services in medical expenses shall reduce thePeryourcapacityasanengineer, architect or Project General Aggregate Limit forthatsurveyor."project" or the Per Location General This exclusion does not apply to your operations Aggregate for that "location", whichever in connection with construction work performed by applies. Such payments shall not reduce you or on your behalf.the General Aggregate Limit shown in the Declarations, the Per ProjectGeneralHowever, this exception to the exclusion will not Aggregate Limit for any other "project", orapplyifyouareinthebusinessorprofessionof the Per Location General AggregateLimitprovidingtheprofessionalservicesdescribed for any other "location".above independent from the construction work performed by you or on your behalf.4.The limits shown in the Declarations for Each Occurrence, Damage ToPremisesIntheeventthisinsuranceappliestoanyinjury, Rented To You and MedicalExpensedamage, loss, cost or expense covered by continue to apply. However, insteadofProfessionalLiabilityinsuranceissuedbya company unaffiliated with us, then the insurance Page 2 of 7 Form HS 24 50 12 20 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 being subject to the General Aggregate 2."Location" means a premises an insured Limit shown in the Declarations, such limits owns or rents and where such insured will be subject to the applicable Per Project performs business operations other than General Aggregate Limit if attributable only construction-related operations. Each to ongoing operations at a single "project""location" involving the same or connecting or the Per Location General Aggregate if lots, or premises whose connection is attributable only to ongoing operations at a separated by a street, roadway, waterway single "location".or right-of-way railroad shall be considered a single "location." "Location" doesnotB.For all sums which the insured becomes legally include a premises that is a "project".obligated to pay as damages caused by This provision does not apply if the Per Project and the"occurrences" under Section I - Coverage A Per Location General Aggregate Limit hasbeenandforallmedicalexpensescausedby otherwise modified by endorsement.accidents under Section I - Coverage C , which cannot be attributed only to ongoing 6. MEDICAL PAYMENTS COVERAGE - INCLUDINGoperationsatasingle "project" or a single PRODUCTS-COMPLETED OPERATIONS" location"; Paragraph 1.a. of the Insuring Agreement - 1.Any payments made under Coverage A for Coverage C is replaced by the following: damages or under Coverage C for medical 1. InsuringAgreementexpensesshallreducetheamountavailable under the General Aggregate Limit or the a.We will pay medical expenses as described Products-Completed Operations Aggregate below for "bodily injury" caused by an Limit, whichever is applicable; and accident: 2.Such payments shall not reduce any Per (1)On premises you own or rent; Project General Aggregate Limit or any Per (2)On ways next to premises you ownorLocationGeneralAggregateLimit.rent; C.When coverage for liability arising out of the (3)Because of your operations; or" products-completed operations hazard" is ( 4)Included within the definition oftheprovided, any payments for damages because " products-completedoperationsof "bodily injury" or "property damage" included hazard;"in the "products-completed operations hazard" will reduce the Products-Completed Operations provided that: Aggregate Limit, and not reduce the General (1)The accident takes place intheAggregateLimit,or any Per Project General "coverage territory" and duringtheAggregateLimitoranyPerLocationGeneralpolicyperiod; Aggregate Limit.( 2)The expenses are incurredandD.The provisions of Section III - Limits Of reported to us within three years oftheInsurancenototherwisemodifiedbythisdateoftheaccident; andendorsementshallcontinuetoapplyas ( 3)The injured person submitstostipulated. examination, at our expense, byE.For the purposes of Paragraph 5., the following physicians of our choice as often aswedefinitionsapply:reasonably require. Project" means a premises an insured does not 7. INJURY TO EMPLOYEE'S REPUTATIONWITHownorrentandwheresuchinsuredperformsRESPECTTOINCIDENTALMEDICALconstruction-related operations. Each "project" MALPRACTICEinvolvingthesameorconnectinglots, or A.The following is added to Paragraph 1.e. ofthepremiseswhoseconnectionisseparatedbya Insuring Agreement - Coverage A:street, roadway, waterway, railroad or right-of-way shall be considered a single (3)With respect to incidental medical project".malpractice, "bodily injury" includes damages claimed for injury to emotionsor1.If a "project" has been abandoned and then reputation of an "employee" arising outofrestarted, or if the authorized contracting the rendering or failure torenderpartiesdeviatefromplans, blueprints, professional health care services asadesigns, specifications or timetables, the physician, dentist, nurse, emergency"project" shall be considered a single medical technician or paramedic services."project". "Project" does not include a premises that is a "location". Form HS 24 50 12 20 Page 3 of 7 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 A. Exclusion p. of Section I - Coverage A - C.The following Paragraph is added to Section Bodily Injury And Property Damage Liability III - Limits Of Insurance: is replaced by the following:Subject to Paragraph 5. Each Occurrence p. Access Or Disclosure Of Confidential Limit, the most we will pay under Coverage A Or Personal Information And for "property damage" because of all loss of electronic data" arising out of anyoneData-Related Liability occurrence" is $100,000, unless modifiedbyDamagesarisingoutof: endorsement.( 1)Any access to or disclosure of any D.The following definition is added to SectionVperson's or organization's confidential - Definitions:or personal information, including patents, trade secrets, processing "Electronic data" means information, facts or methods, customer lists, financial programs: information, credit card information,a.Stored as or on; health information or any other type of b.Created or used on; ornonpublicinformation; or c.Transmitted to or from;(2)the loss of, loss of use of, damage to, corruption of, inability to access, or computer software, (including systems and inability to manipulate "electronic data"applications software) hard or floppy disks, that does not result from physical CD-ROMS, tapes, drives, cells, data injury to tangible property.processing devices or any other media which are used with electronicallycontrolledThisexclusionappliesevenifdamages equipment.are claimed for notification costs, credit monitoring expenses, forensic expenses,E.For the purposes of the coverage provided by public relations expenses or any other this provision, the definition of "property loss, cost or expense incurred by you or damage" in Section V - Definitions is others arising out of that which is replaced by the following: described in Paragraph (1) or (2) above."Property damage" means: However, unless Paragraph (1) above a.Physical injury to tangible property, applies, this exclusion does not apply to including all resulting loss of use ofthatliabilityfordamagesbecauseof "bodily property. All such loss of use shallbeinjury".deemed to occur at the time of the B. Exclusion w. of Section 1 - Coverage B -physical injury that caused it; Personal and Advetising Injury is replaced b.Loss of use of tangible property that isnotbythefollowing: :physically injured. All such loss of use shall be deemed to occur at the timeofw. Access Or Disclosure Of Confidential the "occurrence" that caused it; orOrPersonalInformation c.Loss of, loss of use of, damage to,"Personal and advertising injury" arising corruption of, inability to access, oroutofanyaccesstoordisclosureofany inability to properly manipulate "electronicperson's or organization's confidential or data", resulting from physical injurytopersonalinformation, including patents, tangible property. All such lossoftradesecrets, processing methods, electronic data" shall be deemed tooccurcustomerlists, financial information, credit at the time of the "occurrence" thatcausedcardinformation, health information or any it.other type of nonpublic information. For the purposes of this insurance, "electronicThisexclusionappliesevenifdamages data" is not tangible property.are claimed for notification costs, credit monitoring expenses, forensic expenses,11. SUPPLEMENTARYPAYMENTSpublicrelationsexpensesoranyother In the Supplementary Payments - CoveragesAloss, cost or expense incurred by you or and B provision:others arising out of any access to or disclosure of any person's or organization's The limit for the cost of bail bonds is increased to confidential or personal information.$2,500. Form HS 24 50 12 20 Page 5 of 7 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 a)Preparing, approving, or failing to (2)Under which the insured, if an prepare or approve, maps, shop architect, engineer or surveyor, drawings, opinions, reports,assumes liability for an injury or surveys, field orders, change damage arising out of the insured's orders or drawings and rendering or failure to render specifications; or professional services, including those listed in (1) above and supervisory,(b)Giving directions or instructions, or inspection, architecturalorfailingtogivethem, if that is the engineering activities.primary cause of the injury or damage; or All other terms and conditions in the policy remain unchanged. Form HS 24 50 12 20 Page 7 of 7 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 ABCDEFGHIJ COMMERCIAL GENERAL LIABILITY COVERAGE FORM 1)The "bodily injury" or "property damage" isVariousprovisionsinthispolicyrestrictcoverage. Read the entire policy carefully to determine rights, caused by an "occurrence" that takes duties and what is and is not covered. place in the "coverage territory"; 2)The "bodily injury" or "property damage"Throughout this policy the words "you" and "your" refer to the Named Insured shown in the occurs during the policy period; and Declarations, and any other person or organization (3)Prior to the policy period, no insuredlistedqualifyingasaNamedInsuredunderthispolicy. The under Paragraph 1.of Section II - WhoIswords "we", "us" and "our" refer to the stock An Insured and no "employee" authorizedinsurancecompanymemberofTheHartfordbyyoutogiveorreceivenoticeofanprovidingthisinsurance. "occurrence" or claim, knew that the The word "insured" means any person or "bodily injury" or "property damage" had organization qualifying as such under Section II -occurred, in whole or in part. If such a Who Is An Insured. listed insured or authorized "employee" knew, prior to the policy period, thattheOtherwordsandphrasesthatappearinquotation " bodily injury" or "property damage"marks have special meaning. Refer to Section V - occurred, then any continuation, changeDefinitions. or resumption of such "bodily injury" orSECTIONI - COVERAGES "property damage" during or after the COVERAGE A BODILY INJURY AND PROPERTY policy period will be deemed to have been DAMAGE LIABILITY known prior to the policy period. 1. Insuring Agreement c."Bodily injury" or "property damage" will be deemed to have been known tohavea.We will pay those sums that the insured occurred at the earliest time whenanybecomeslegallyobligatedtopayasdamages insured listed under Paragraph 1.of SectionIIbecauseof "bodily injury" or "property - Who Is An Insured or any "employee"damage" to which this insurance applies. We authorized by you to give or receive noticeofwillhavetherightanddutytodefendthe an "occurrence" or claim:insured against any "suit" seeking those damages. However, we will have no duty to (1)Reports all, or any part, of the "bodily defend the insured against any "suit" seeking injury" or "property damage" to us or any damages for "bodily injury" or "property other insurer; damage" to which this insurance does not (2)Receives a written or verbal demandorapply. We may, at our discretion, investigate claim for damages because of the "bodilyany "occurrence" and settle any claim or "suit"injury" or "property damage"; orthatmayresult. But:( 3)Becomes aware by any other means that( 1)The amount we will pay for damages is "bodily injury" or "property damage" haslimitedasdescribedinSectionIII - Limits occurred or has begun to occur. Of Insurance; and d.Damages because of "bodily injury" include( 2)Our right and duty to defend ends when damages claimed by any personorwehaveuseduptheapplicablelimitoforganizationforcare, loss of servicesorinsuranceinthepaymentofjudgmentsordeathresultingatanytimefromthe "bodilysettlementsunderCoveragesAorBorinjury". medical expenses under Coverage C. e. Incidental Medical Malpractice AndGoodNootherobligationorliabilitytopaysumsorSamaritanCoverageperformactsorservicesiscoveredunless " Bodily injury" arising out of the renderingofexplicitlyprovidedforunderSupplementary or failure to render the following healthcarePayments - Coverages A and B. services by any "employee" or "volunteerb.This insurance applies to "bodily injury" and worker" shall be deemed to be caused by an" property damage" only if:"occurrence" for: HG 00 01 09 16 Page 1 of 21 2016 The Hartford Includes copyrighted material of Insurance Services Office, Inc. with its permission.) POLICY NUMBER: 53UENOH9024 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 1)Professional health care services such as:(a)Liability to such party for, or for the cost of, that party's defense has also(a)Medical, surgical, dental, laboratory, x- been assumed in the same "insuredrayornursingservicesortreatment, contract"; andadviceorinstruction, or the related b)Such attorney fees andlitigationfurnishingoffoodorbeverages; expenses are for defense of that party(b)Any health or therapeutic service, against a civil or alternativedisputetreatment, advice or instruction; or resolution proceeding in which( c)The furnishing or dispensing of drugs damages to which thisinsuranceormedical, dental, or surgical supplies applies are alleged. or appliances; or c. Liquor Liability( 2)First aid services, which include:" Bodily injury" or "property damage" for which( a)Cardiopulmonary resuscitation,any insured may be held liable by reason of: whether performed manually or with a ( 1)Causing or contributing to theintoxicationdefibrillator; or of any person;( b)Services performed as a Good ( 2)The furnishing of alcoholic beverages toaSamaritan. person under the legal drinking ageorForthepurposeofdeterminingthelimitsofundertheinfluenceofalcohol; orinsurance, any act or omission together with ( 3)Any statute, ordinance orregulationallrelatedactsoromissionsinthefurnishing relating to the sale, gift, distribution oruseoftheseservicestoanyonepersonwillbe of alcoholic beverages.considered one "occurrence". This exclusion applies even if the claimsHowever, this Incidental Medical Malpractice against any insured allege negligence orAndGoodSamaritanCoverageprovision other wrongdoing in:applies only if you are not engaged in the a)The supervision, hiring, employment,business or occupation of providing any of the services described in this provision.training or monitoring of others by that insured; or2. Exclusions b)Providing or failing toprovideThisinsurancedoesnotapplyto: transportation with respect toanya. Expected Or Intended Injury person that may be under the influence Bodily injury" or "property damage" expected of alcohol; or intended from the standpoint of the if the "occurrence" which caused the "bodily insured. This exclusion does not apply to injury" or "property damage", involved that " bodily injury" or "property damage" resulting which is described in Paragraph (1),(2)or (3) from the use of reasonable force to protect above. persons or property. However, this exclusion applies only if you b. Contractual Liability are in the business of manufacturing, Bodily injury" or "property damage" for which distributing, selling, serving or furnishing the insured is obligated to pay damages by alcoholic beverages. For the purposes of this reason of the assumption of liability in a exclusion, permitting a person to bring contract or agreement. This exclusion does alcoholic beverages on your premises, for not apply to liability for damages:consumption on your premises, whether or not a fee is charged or a license is required (1)That the insured would have in the for such activity, is not by itself considered theabsenceofthecontractoragreement; or business of selling, serving or furnishing (2)Assumed in a contract or agreement that alcoholic beverages. is an "insured contract", provided the d. Workers' Compensation And Similar Laws"bodily injury" or "property damage" occurs subsequent to the execution of the Any obligation of the insured under a workers' contract or agreement. Solely for the compensation, disability benefits or purposes of liability assumed in an unemployment compensation law or any insured contract", reasonable attorney similar law. fees and necessary litigation expenses e. Employer'sLiabilityincurredbyorforapartyotherthanan " Bodily injury" to:insured are deemed to be damages 1)An "employee" of the insured arising outofbecauseof "bodily injury" or "property damage", provided:and in the course of: Page 2 of 21 HG 00 01 09 16 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 a)Employment by the insured; or (c)Which are or were at any time transported, handled, stored, treated,(b)Performing duties related to the disposed of, or processed as wastebyconductoftheinsured's business; or or for:(2)The spouse, child, parent, brother or sister i)Any insured; orofthat "employee" as a consequence of Paragraph (1) above.(ii)Any person or organization for whom you may be legallyThisexclusionapplies: responsible; (1)Whether the insured may be liable as an employer or in any other capacity; and (d)At or from any premises, site or location on which any insured or any(2)To any obligation to share damages with contractors or subcontractorsworkingorrepaysomeoneelsewhomustpay directly or indirectly on any insured'sdamagesbecauseoftheinjury. behalf are performing operations iftheThisexclusiondoesnotapplytoliability " pollutants" are brought on or totheassumedbytheinsuredunderan "insured premises, site or location inconnectioncontract". with such operations by such insured, f. Pollution contractor or subcontractor. However, 1)"Bodily injury" or "property damage"this subparagraph does not apply to: arising out of the actual, alleged or (i)"Bodily injury" or "property damage" threatened discharge, dispersal, seepage,arising out of the escape of fuels, migration, release or escape of lubricants or other operating fluids" pollutants":which are needed to perform the( a)At or from any premises, site or normal electrical, hydraulicorlocationwhichisorwasatanytimemechanicalfunctionsnecessaryforownedoroccupiedby, or rented or the operation of "mobile equipment" loaned to, any insured. However, this or its parts, if such fuels, lubricants subparagraph does not apply to:or other operating fluids escape i)"Bodily injury" if sustained within a from a vehicle part designed to hold, store or receive them. Thisbuildingandcausedbysmoke, exception does not apply ifthefumes, vapor or soot produced by or originating from equipment that "bodily injury" or "property damage" is used to heat, cool or dehumidify arises out of the intentional the building, or equipment that is discharge, dispersal or release of used to heat water for personal the fuels, lubricants or other use, by the building's occupants or operating fluids, or if such fuels, their guests;lubricants or other operating fluids are brought on or to the premises,(ii)"Bodily injury" or "property damage" site or location with the intentthatforwhichyoumaybeheldliable, if they be discharged, dispersedoryouareacontractorandtheowner released as part of theoperationsorlesseeofsuchpremises, site or being performed by such insured,location has been added to your contractor or subcontractor;policy as an additional insured with respect to your ongoing operations (ii)"Bodily injury" or "property damage" performed for that additional sustained within a building and insured at that premises, site or caused by the release of gases, location and such premises, site or fumes or vapors from materials location is not and never was brought into that building in owned or occupied by, or rented or connection with operations being loaned to, any insured, other than performed by you or on your behalf that additional insured; or by a contractor or subcontractor; or iii)"Bodily injury" or "property damage"(iii)"Bodily injury" or "property damage" arising out of heat, smoke or fumes arising out of heat, smoke or fumes from a "hostile fire";from a "hostile fire"; or b)At or from any premises, site or (e)At or from any premises, siteorlocationwhichisorwasatanytimelocationonwhichanyinsuredoranyusedbyorforanyinsuredorothersforcontractorsorsubcontractorsworkingthehandling, storage, disposal,directly or indirectly on any insured'sprocessingortreatmentofwaste;behalf are performing operations if the HG 00 01 09 16 Page 3 of 21 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 4)Liability assumed under any "insuredoperationsaretotestfor, monitor, clean up, remove, contain, treat, contract" for the ownership, maintenance detoxify or neutralize, or in any way or use of aircraft or watercraft; respond to, or assess the effects of,(5)"Bodily injury" or "property damage" pollutants".arising out of: 2)Any loss, cost or expense arising out of (a)The operation of machinery or any:equipment that is attached to, or part a)Request, demand, order or statutory or of, a land vehicle that would qualify regulatory requirement that any under the definition of "mobile insured or others test for, monitor,equipment" if it were not subject to a clean up, remove, contain, treat,compulsory or financial responsibility detoxify or neutralize, or in any way law or other motor vehicle insurance respond to, or assess the effects of,law where it is licensed or principally pollutants"; or garaged; or b)Claim or suit by or on behalf of a (b)The operation of any of the machinery or equipment listed in Paragraph f.(2)governmental authority for damages or f.(3)of the definition of "mobilebecauseoftestingfor, monitoring, cleaning up, removing, containing,equipment"; or treating, detoxifying or neutralizing, or (6)An aircraft that is not owned by any in any way responding to, or assessing insured and is hired, chartered orloanedtheeffectsof, "pollutants".with a paid crew. However, this exception However, this paragraph does not apply to does not apply if the insured has any other liability for damages because of "property insurance for such "bodily injury" or damage" that the insured would have in "property damage", whether the other the absence of such request, demand, insurance is primary, excess, contingent order or statutory or regulatory or on any other basis. requirement, or such claim or "suit" by or h. Mobile Equipment on behalf of a governmental authority."Bodily injury" or "property damage" arisingg. Aircraft, Auto Or Watercraft out of: Bodily injury" or "property damage" arising (1)The transportation of "mobile equipment" out of the ownership, maintenance, use or by an "auto" owned or operated byorentrustmenttoothersofanyaircraft, "auto" or rented or loaned to any insured; orwatercraftownedoroperatedbyorrentedor (2)The use of "mobile equipment" in, orwhileloanedtoanyinsured. Use includes operation in practice for, or while being prepared for, and "loading or unloading".any prearranged racing, speed, This exclusion applies even if the claims demolition, or stunting activity. against any insured allege negligence or i. Warotherwrongdoinginthesupervision, hiring," Bodily injury" or "property damage", howeveremployment, training or monitoring of others caused, arising, directly or indirectly, out of:by that insured, if the "occurrence" which 1)War, including undeclared or civil war;caused the "bodily injury" or "property damage" involved the ownership,(2)Warlike action by a military force, including maintenance, use or entrustment to others of action in hindering or defending against an any aircraft, "auto" or watercraft that is owned actual or expected attack, by any or operated by or rented or loaned to any government, sovereign or other authority insured.using military personnel or other agents; orThisexclusiondoesnotapplyto: 3)Insurrection, rebellion, revolution, usurped(1)A watercraft while ashore on premises you power, or action taken bygovernmentalownorrent; authority in hindering or defending against(2)A watercraft you do not own that is: any of these.(a)Less than 51 feet long; and j. Damage To Property(b)Not being used to carry persons for a " Property damage" to:charge; 1)Property you own, rent, or occupy,(3)Parking an "auto" on, or on the ways next including any costs or expensesincurredto, premises you own or rent, provided the by you, or any other person, organization"auto" is not owned by or rented or loaned or entity, for repair, replacement,to you or the insured; Page 4 of 21 HG 00 01 09 16 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 m. Damage To Impaired Property OrPropertyenhancement, restoration or maintenance Not PhysicallyInjuredofsuchpropertyforanyreason, including prevention of injury to a person or damage "Property damage" to "impaired property" ortoanother's property; property that has not been physically injured, 2)Premises you sell, give away or abandon,arising out of: if the "property damage" arises out of any (1)A defect, deficiency, inadequacyorpartofthosepremises;dangerous condition in "your product" or 3)Property loaned to you;"your work"; or 4)Personal property in the care, custody or (2)A delay or failure by you or anyoneactingcontroloftheinsured;on your behalf to perform a contract or 5)That particular part of real property on agreement in accordance with its terms. which you or any contractors or This exclusion does not apply to the lossofsubcontractorsuseofotherpropertyarisingoutofsudden working directly or indirectly on your behalf and accidental physical injury to "your are performing operations, if the "property product" or "your work" after it has been put damage" arises out of those operations; or to its intended use. 6)That particular part of any property that n. Recall Of Products, Work OrImpairedmustberestored, repaired or replaced Propertybecause "your work" was incorrectly Damages claimed for any loss, costorperformedonit. expense incurred by you or others for thelossParagraphs(1), (3)and (4)of this exclusion of use, withdrawal, recall, inspection, repair,do not apply to "property damage" (other than replacement, adjustment, removal ordisposaldamagebyfire) to premises, including the of:contents of such premises, rented to you for a 1)"Your product";period of seven or fewer consecutive days. A separate limit of insurance applies to Damage (2)"Your work"; or To Premises Rented To You as described in (3)"Impaired property"; Section III - Limits Of Insurance. if such product, work, or property is withdrawnParagraph (2)of this exclusion does not apply or recalled from the market or from use byifthepremisesare "your work" and were any person or organization because of aneveroccupied, rented or held for rental by known or suspected defect, deficiency, you. inadequacy or dangerous condition in it. Paragraphs (3)and (4)of this exclusion do o. Personal And AdvertisingInjurynotapplyto "property damage" arising from Bodily injury" arising out of "personalandtheuseofelevators. advertising injury".Paragraphs (3), (4), (5)and (6)of this exclusion do not apply to liability assumed p. Access or Disclosure Of Confidential Or under a sidetrack agreement. Personal Information And Data-related LiabilityParagraphs(3)and (4)of this exclusion do not apply to "property damage" to borrowed Damages arising out of: equipment while not being used to perform (1)Any access to or disclosure ofanyoperationsatthejobsite. person's or organization's confidential or Paragraph (6) of this exclusion does not apply personal information, including patents, to "property damage" included in the trade secrets, processing methods, products-completed operations hazard". customer lists, financial information, credit k. Damage To Your Product card information, health information or any other type of nonpublic information; or"Property damage" to "your product" arising out of it or any part of it.(2)The loss of, loss of use of, damage to, corruption of, inability to access, orl. Damage To Your Work inability to manipulate electronic data."Property damage" to "your work" arising out This exclusion applies even if damages areofitoranypartofitandincludedinthe claimed for notification costs, credit "products-completed operations hazard". monitoring expenses, forensic expenses, This exclusion does not apply if the damaged public relations expenses or any other loss,work or the work out of which the damage cost or expense incurred by you orothersariseswasperformedonyourbehalfbya arising out of that which is described insubcontractor. Paragraph (1)or (2)above. HG 00 01 09 16 Page 5 of 21 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 However, unless Paragraph (1)above detoxifying or neutralizing or in any applies, this exclusion does not apply to way responding to or assessing the damages because of "bodily injury".effects of an "asbestos hazard". s. Recording And Distribution Of MaterialOrAsusedinthisexclusion, electronic data Information In Violation OfLawmeansinformation, facts or programs stored as or on, created or used on, or transmitted to "Bodily injury" or "property damage" arisingorfromcomputersoftware, including systems directly or indirectly out of any actionorandapplicationssoftware, hard or floppy omission that violates or is alleged to violate: disks, CD-ROMS, tapes, drives, cells, data (1)The Telephone Consumer ProtectionActprocessingdevicesoranyothermediawhich (TCPA), including any amendment oforareusedwithelectronicallycontrolledadditiontosuchlaw; equipment.( 2)The CAN-SPAM Act of 2003, includingq. Employment-Related Practices any amendment of or addition to such law;" Bodily injury" to:(3)The Fair Credit Reporting Act (FCRA), and( 1)A person arising out of any "employment-any amendment of or addition to such law, related practices"; or including the Fair and Accurate Credit 2)The spouse, child, parent, brother or sister Transaction Act (FACTA); or of that person as a consequence of "bodily (4)Any federal, state or local statute, injury" to that person at whom any ordinance or regulation, other than the" employment-related practices" are TCPA or CAN-SPAM Act of 2003 orFCRAdirected.and their amendments and additions, that This exclusion applies:addresses, prohibits or limits the printing, dissemination, disposal, collecting, (1)Whether the injury-causing event recording, sending, transmitting, described in the definition of "employment- communicating or distribution of materialrelatedpractices" occurs before or information.employment, during employment or after Damage To Premises Rented To You -employment of that person; Exception For Damage By Fire, Lightning Or(2)Whether the insured may be liable as an Explosionemployerorinanyothercapacity; and Exclusions c.through h.and j.through n.do not (3)To any obligation to share damages with apply to damage by fire, lightning or explosion toorrepaysomeoneelsewhomustpay premises while rented to you or temporarilydamagesbecauseoftheinjury. occupied by you with permission of the owner. Ar. Asbestos separate limit of insurance applies to this ( 1)"Bodily injury" or "property damage"coverage as described in Section III - LimitsOfarisingoutofthe "asbestos hazard".Insurance. 2)Any damages, judgments, settlements,COVERAGE B PERSONAL AND ADVERTISING loss, costs or expenses that:INJURY LIABILITY a)May be awarded or incurred by reason 1. InsuringAgreementofanyclaimorsuitallegingactualora.We will pay those sums that theinsuredthreatenedinjuryordamageofany becomes legally obligated to pay asdamagesnatureorkindtopersonsorproperty because of "personal and advertising injury"which would not have occurred in to which this insurance applies. We willhavewholeorinpartbutforthe "asbestos the right and duty to defend theinsuredhazard"; against any "suit" seeking those damages.( b)Arise out of any request, demand,However, we will have no duty to defendtheorderorstatutoryorregulatoryinsuredagainstany "suit" seekingdamagesrequirementthatanyinsuredorothersfor "personal and advertising injury" towhichtestfor, monitor, clean up, remove,this insurance does not apply. We may, atourencapsulate, contain, treat, detoxify or discretion, investigate any offense andsettleneutralizeorinanywayrespondtooranyclaimor "suit" that may result. But: assess the effects of an "asbestos (1)The amount we will pay for damagesishazard"; or limited as described in Section III - Limits( c)Arise out of any claim or suit for Of Insurance; anddamagesbecauseoftestingfor,(2)Our right and duty to defend end whenwemonitoring, cleaning up, removing, have used up the applicable limitofencapsulating, containing, treating, insurance in the payment of judgments or Page 6 of 21 HG 00 01 09 16 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 settlements under Coverages A or B or h. Wrong Description Of Prices medical expenses under Coverage C."Personal and advertising injury" arising out of No other obligation or liability to pay sums or the wrong description of the price of goods, perform acts or services is covered unless products or services. explicitly provided for under Supplementary i. Infringement Of Intellectual Property Payments - Coverages A and B. Rights b.This insurance applies to "personal and (1)"Personal and advertising injury" arisingadvertisinginjury" caused by an offense out of any actual or allegedinfringementarisingoutofyourbusinessbutonlyiftheorviolationofanyintellectualpropertyoffensewascommittedinthe "coverage rights such as copyright, patent, territory" during the policy period.trademark, trade name, trade secret, trade 2. Exclusions dress, service mark or other designation of origin or authenticity; orThisinsurancedoesnotapplyto: 2)Any injury or damage alleged in anyclama. Knowing Violation Of Rights Of Another or "suit" that also alleges an infringement" Personal and advertising injury" arising out of or violation of any intellectualpropertyanoffensecommittedby, at the direction or right, whether such allegationofwiththeconsentoracquiescenceoftheinfringementorviolationismadebyyouorinsuredwiththeexpectationofinflictingbyanyotherpartyinvolvedintheclaimor" personal and advertising injury"."suit", regardless of whether this b. Material Published With Knowledge Of insurance would otherwise apply. Falsity However, this exclusion does not apply if the Personal and advertising injury" arising out of only allegation in the claim or "suit" involving oral, written or electronic publication, in any any intellectual property right is limited to: manner, of material, if done by or at the (1)Infringement, in your "advertisement", of: direction of the insured with knowledge of its ( a)Copyright;falsity. b)Slogan; orc. Material Published Prior To Policy Period c)Title of any literary or artistic work; or"Personal and advertising injury" arising out of 2)Copying, in your "advertisement", aoral, written or electronic publication, in any manner, of material whose first publication person's or organization's "advertising took place before the beginning of the policy idea" or style of "advertisement". period.j. Insureds In Media And Internet Type d. Criminal Acts Businesses Personal and advertising injury" arising out of "Personal and advertising injury" committed a criminal act committed by or at the direction by an insured whose business is: of the insured.(1)Advertising, broadcasting, publishing or e. Contractual Liability telecasting; 2)Designing or determining content of web"Personal and advertising injury" for which the insured has assumed liability in a contract or sites for others; or agreement. This exclusion does not apply to (3)An Internet search, access, contentorliabilityfordamagesthattheinsuredwouldserviceprovider. have in the absence of the contract or However, this exclusion does not apply toagreement. Paragraphs a., b.and c.of the definitionoff. Breach Of Contract "personal and advertising injury" under the Personal and advertising injury" arising out of a Definitions Section. breach of contract, except an implied contract to For the purposes of this exclusion, the placing use another's "advertising idea" in your of frames, borders or links, or advertising, for" advertisement".you or others anywhere on the Internet, is not g. Quality Or Performance Of Goods - Failure by itself, considered the business of To Conform To Statements advertising, broadcasting, publishing or telecasting."Personal and advertising injury" arising out of k. Electronic Chatrooms Or BulletinBoardsthefailureofgoods, products or services to conform with any statement of quality or "Personal and advertising injury" arising outofperformancemadeinyour "advertisement".an electronic chatroom or bulletin board the HG 00 01 09 16 Page 7 of 21 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 4)Computer code, software orprogramminginsuredhosts, owns, or over which the insured exercises control.used to enable: l. Unauthorized Use Of Another's Name Or (a)Your web site; or Product (b)The presentation or functionality of an Personal and advertising injury" arising out of "advertisement" or other content on the unauthorized use of another's name or your web site. product in your e-mail address, domain name q. Right Of Privacy Created ByStatuteormetatags, or any other similar tactics to " Personal and advertising injury" arising outofmisleadanother's potential customers. the violation of a person's right ofprivacym. Pollution created by any state or federal act. Personal and advertising injury" arising out of However, this exclusion does not applytotheactual, alleged or threatened discharge,liability for damages that the insuredwoulddispersal, seepage, migration, release or have in the absence of such state orfederalescapeof "pollutants" at any time.act. n. Pollution-Related r. Violation Of Anti-Trust law Any loss, cost or expense arising out of any:"Personal and advertising injury" arising out of 1)Request, demand, order or statutory or a violation of any anti-trust law. regulatory requirement that any insured or s. Securitiesotherstestfor, monitor, clean up, remove," Personal and advertising injury" arising outofcontain, treat, detoxify or neutralize, or in the fluctuation in price or value of any stocks,any way respond to, or assess the effects bonds or other securities.of, "pollutants"; or t. Recording And Distribution Of Material Or(2)Claim or suit by or on behalf of a Information In Violation OfLawgovernmentalauthorityfordamages Personal and advertising injury" arisingbecauseoftestingfor, monitoring, directly or indirectly out of any actionorcleaningup, removing, containing, omission that violates or is alleged to violate:treating, detoxifying or neutralizing, or in any way responding to, or assessing the (1)The Telephone Consumer ProtectionActeffectsof, "pollutants".(TCPA), including any amendment of or addition to such law;o. War 2)The CAN-SPAM Act of 2003, including"Personal and advertising injury", however any amendment of or addition to such law;caused, arising, directly or indirectly, out of: 3)The Fair Credit Reporting Act (FCRA), and(1)War, including undeclared or civil war; any amendment of or addition to such law,(2)Warlike action by a military force, including including the Fair and AccurateCreditactioninhinderingordefendingagainstan Transaction Act (FACTA); oractualorexpectedattack, by any 4)Any federal, state or local statute,government, sovereign or other authority ordinance or regulation, other thantheusingmilitarypersonnelorotheragents; TCPA or CAN-SPAM Act of 2003 orFCRAor and their amendments and additions, that(3)Insurrection, rebellion, revolution, usurped addresses, prohibits or limits the printing,power, or action taken by governmental dissemination, disposal, collecting, authority in hindering or defending against recording, sending, transmitting, anyofthese. communicating or distribution of material p. Internet Advertisements And Content Of or information. Others u. Employment-Related Practices" Personal and advertising injury" arising out " Personal and advertising injury" to:of: 1)A person arising out of any "employment-(1)An "advertisement" for others on your web related practices"; orsite; 2)The spouse, child, parent, brother or sister(2)Placing a link to a web site of others on of that person as a consequenceofyourwebsite;" personal and advertising injury" to that( 3)Content, including information, sounds,person at whom any "employment-relatedtext, graphics, or images from a web site practices" are directed. of others displayed within a frame or border on your web site; or Page 8 of 21 HG 00 01 09 16 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 COVERAGE C MEDICAL PAYMENTSThisexclusionapplies: 1)Whether the injury-causing event 1. Insuring Agreement described in the definition of "employment-a.We will pay medical expenses asdescribedrelatedpractices" occurs before below for "bodily injury" caused byanemployment, during employment or after accident: employment of that person;( 1)On premises you own or rent;( 2)Whether the insured may be liable as an ( 2)On ways next to premises you ownoremployerorinanyothercapacity; and rent; or( 3)To any obligation to share damages with ( 3)Because of your operations;or repay someone else who must pay provided that: damages because of the injury. 1)The accident takes place in the "coveragev. Asbestos territory" and during the policy period;(1)"Personal and advertising injury" arising 2)The expenses are incurred andreportedoutofthe "asbestos hazard". to us within three years of the date of the(2)Any damages, judgments, settlements, accident; andloss, costs or expenses that: 3)The injured person submits to (a)May be awarded or incurred by reason examination, at our expense, byofanyclaimorsuitallegingactualor physicians of our choice as often as wethreatenedinjuryordamageofany reasonably require.nature or kind to persons or property b.We will make these payments regardlessofwhichwouldnothaveoccurredin fault. These payments will not exceedthewholeorinpartbutforthe "asbestos applicable limit of insurance. We willpayhazard"; reasonable expenses for:(b)Arise out of any request, demand, 1)First aid administered at the time ofanorderorstatutoryorregulatory accident;requirement that any insured or others test for, monitor, clean up, remove,(2)Necessary medical, surgical, X-rayandencapsulate, contain, treat, detoxify or dental services, includingprostheticneutralizeorinanywayrespondtoordevices; andassesstheeffectsofan "asbestos (3)Necessary ambulance, hospital, hazard"; or professional nursing and funeral services. ( c)Arise out of any claim or suit for 2. Exclusionsdamagesbecauseoftestingfor, We will not pay expenses for "bodily injury":monitoring, cleaning up, removing, encapsulating, containing, treating,a. Any Insured detoxifying or neutralizing or in any To any insured, except "volunteer workers".way responding to or assessing the b. HiredPersoneffectsofan "asbestos hazard". To a person hired to do work for or onbehalfw. Access Or Disclosure Of Confidential Or of any insured or a tenant of any insured.Personal Information c. Injury On Normally Occupied Premises"Personal and advertising injury" arising out of any access to or disclosure of any person's or To a person injured on that part of premises organization's confidential or personal you own or rent that the person normally information, including patents, trade secrets,occupies. processing methods, customer lists, financial d. Workers Compensation And SimilarLawsinformation, credit card information, health To a person, whether or not an "employee" ofinformationoranyothertypeofnonpublic any insured, if benefits for the "bodily injury" areinformation. payable or must be provided under a workers' This exclusion applies even if damages are compensation or disability benefits law oraclaimedfornotificationcosts, credit similar law. monitoring expenses, forensic expenses, e. AthleticsActivitiespublicrelationsexpensesoranyotherloss, cost or expense incurred by you or others To a person injured while practicing, arising out of any access to or disclosure of instructing or participating in any physical any person's or organization's confidential or exercises or games, sports, or athletic personal information.contests. HG 00 01 09 16 Page 9 of 21 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 f. Products-Completed Operations Hazard assumed by the insured in the same "insured contract"; Included within the "products-completed d.The allegations in the "suit" andtheoperationshazard". information we know about the "occurrence"g. Coverage A Exclusions are such that no conflict appears toexistExcludedunderCoverageA. between the interests of the insured andtheSUPPLEMENTARYPAYMENTS - COVERAGES interests of the indemnitee; A AND B e.The indemnitee and the insured ask usto1.We will pay, with respect to any claim we conduct and control the defense ofthatinvestigateorsettle, or any "suit" against an indemnitee against such "suit" and agreethatinsuredwedefend:we can assign the same counsel todefenda.All expenses we incur.the insured and the indemnitee; and b.Up to $1,000 for cost of bail bonds required f.The indemnitee: because of accidents or traffic law violations (1)Agrees in writing to:arising out of the use of any vehicle to which a)Cooperate with us in the investigation,the Bodily Injury Liability Coverage applies. settlement or defense of the "suit";We do not have to furnish these bonds. b)Immediately send us copies ofanyc.The cost of appeal bonds or bonds to release demands, notices, summonses orlegalattachments, but only for bond amounts papers received in connection withthewithintheapplicablelimitofinsurance. We do suit";not have to furnish these bonds. d.All reasonable expenses incurred by the (c)Notify any other insurer whose insured at our request to assist us in the coverage is available to the investigation or defense of the claim or "suit",indemnitee; and including actual loss of earnings up to $500 a (d)Cooperate with us with respecttodaybecauseoftimeofffromwork.coordinating other applicable e.All court costs taxed against the insured in insurance available to the indemnitee; the "suit". However, such costs do not and include attorneys' fees, attorneys' expenses,(2)Provides us with written authorization to: witness or expert fees, or any other expenses ( a)Obtain records and otherinformationofapartytaxedtotheinsured. related to the "suit"; andf.Prejudgment interest awarded against the b)Conduct and control the defense oftheinsuredonthatpartofthejudgmentwepay. If indemnitee in such "suit".we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment So long as the above conditions are met, interest based on that period of time after the attorneys' fees incurred by us in the defense of offer.that indemnitee, necessary litigation expenses incurred by us and necessary litigation expensesg.All interest on the full amount of any judgment incurred by the indemnitee at our request will bethataccruesafterentryofthejudgmentand paid as Supplementary Payments. before we have paid, offered to pay, or Notwithstanding the provisions of Paragraphdepositedincourtthepartofthejudgment 2.b.(2)of Section I - Coverage A - Bodily Injurythatiswithintheapplicablelimitofinsurance. And Property Damage Liability, suchpaymentsThesepaymentswillnotreducethelimitsof will not be deemed to be damages for "bodilyinsurance. injury" and "property damage" and will not reduce2.If we defend an insured against a "suit" and an the limits of insurance. indemnitee of the insured is also named as a Our obligation to defend an insured's indemniteepartytothe "suit", we will defend that indemnitee and to pay for attorneys' fees and necessaryifallofthefollowingconditionsaremet: litigation expenses as Supplementary Paymentsa.The "suit" against the indemnitee seeks ends when: damages for which the insured has assumed a.We have used up the applicable limitoftheliabilityoftheindemniteeinacontractor insurance in the payment of judgmentsoragreementthatisan "insured contract"; settlements; orb.This insurance applies to such liability b.The conditions set forth above, or the termsofassumedbytheinsured; the agreement described in Paragraph f.c.The obligation to defend, or the cost of the above, are no longer met.defense of, that indemnitee, has also been Page 10 of 21 HG 00 01 09 16 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 SECTION II - WHO IS AN INSURED "volunteer worker" as a consequence of Paragraph (1)(a)above; 1.If you are designated in the Declarations as: c)For which there is any obligationtoa.An individual, you and your spouse are share damages with or repaysomeoneinsureds, but only with respect to the conduct else who must pay damagesbecauseofabusinessofwhichyouarethesole of the injury described inParagraphsowner.( 1)(a)or (1)(b)above; orb.A partnership or joint venture, you are an ( d)Arising out of his or her providingorinsured. Your members, your partners, and failing to provide professionalhealththeirspousesarealsoinsureds, but only with care services.respect to the conduct of your business. If you are not in the business of providingc.A limited liability company, you are an professional health care services:insured. Your members are also insureds, but a)Subparagraphs (1)(a),(1)(b)and (1)(c)only with respect to the conduct of your business. Your managers are insureds, but above do not apply to any "employee" only with respect to their duties as your or "volunteer worker" providing first aid managers.services; and d.An organization other than a partnership, joint (b)Subparagraph (1)(d)above does not venture or limited liability company, you are apply to any nurse, emergency medical an insured. Your "executive officers" and technician or paramedic employed by directors are insureds, but only with respect to you to provide such services. their duties as your officers or directors. Your (2)"Property damage" to property: stockholders are also insureds, but only with ( a)Owned, occupied or used by,respect to their liability as stockholders. b)Rented to, in the care, custodyore.A trust, you are an insured. Your trustees are control of, or over whichphysicalalsoinsureds, but only with respect to their control is being exercised foranydutiesastrustees. purposeby2.Each of the following is also an insured: you, any of your "employees", "volunteer a. Employees And Volunteer Workers workers", any partner or member (if you Your "volunteer workers" only while are a partnership or joint venture), or any performing duties related to the conduct of member (if you are a limited liability your business, or your "employees", other company). than either your "executive officers" (if you are b. Real EstateManageranorganizationotherthanapartnership, joint Any person (other than your "employee" orventureorlimitedliabilitycompany) or your " volunteer worker"), or any organizationwhilemanagers (if you are a limited liability acting as your real estate manager.company), but only for acts within the scope c. Temporary Custodians Of YourPropertyoftheiremploymentbyyouorwhile performing duties related to the conduct of Any person or organization havingproperyourbusiness.temporary custody of your property if you die, but only:However, none of these "employees" or volunteer workers" are insureds for:(1)With respect to liability arising out of the maintenance or use of that property; and(1)"Bodily injury" or "personal and advertising injury":(2)Until your legal representative has been appointed.(a)To you, to your partners or members (if you are a partnership or joint venture),d. Legal Representative If YouDietoyourmembers (if you are a limited Your legal representative if you die, butonlyliabilitycompany), to a co-"employee" with respect to duties as such. Thatwhileinthecourseofhisorher representative will have all your rightsandemploymentorperformingduties duties under this Coverage Part.related to the conduct of your e. UnnamedSubsidiarybusiness, or to your other "volunteer workers" while performing duties Any subsidiary, and subsidiary thereof, of related to the conduct of your yours which is a legally incorporated entity of business;which you own a financial interest of more than 50% of the voting stock on the effective(b)To the spouse, child, parent, brother or date of the Coverage Part.sister of that co-"employee" or that HG 00 01 09 16 Page 11 of 21 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 The insurance afforded herein for any A person or organization is an additional insured subsidiary not named in this Coverage Part under this provision only for that period of time as a named insured does not apply to injury required by the contract or agreement. or damage with respect to which such insured However, no such person or organization is an is also a named insured under another policy insured under this provision if such person or or would be a named insured under such organization is included as an insured by an policy but for its termination or the exhaustion endorsement issued by us and made a partofofitslimitsofinsurance. this Coverage Part. 3. Newly Acquired Or Formed Organization a. Vendors Any organization you newly acquire or form,Any person(s) or organization(s) (referredtootherthanapartnership, joint venture or limited below as vendor), but only with respecttoliabilitycompany, and over which you maintain "bodily injury" or "property damage" arisingfinancialinterestofmorethan50% of the voting out of "your products" which are distributedorstock, will qualify as a Named Insured if there is sold in the regular course of the vendor'snoothersimilarinsuranceavailabletothatbusinessandonlyifthisCoveragePartorganization. However:provides coverage for "bodily injury" or a.Coverage under this provision is afforded only "property damage" included within the until the 180th day after you acquire or form "products-completed operations hazard". the organization or the end of the policy (1)The insurance afforded the vendor is period, whichever is earlier;subject to the following additional b.Coverage A does not apply to "bodily injury"exclusions: or "property damage" that occurred before This insurance does not apply to: you acquired or formed the organization; and (a)"Bodily injury" or "property damage" forc.Coverage B does not apply to "personal and which the vendor is obligated topayadvertisinginjury" arising out of an offense damages by reason of theassumptioncommittedbeforeyouacquiredorformedtheofliabilityinacontractoragreement. organization.This exclusion does not apply to 4. Nonowned Watercraft liability for damages that the vendor would have in the absence oftheWithrespecttowatercraftyoudonotownthatis contract or agreement;less than 51 feet long and is not being used to b)Any express warranty unauthorizedbycarrypersonsforacharge, any person is an insured while operating such watercraft with your you; permission. Any other person or organization (c)Any physical or chemical change in the responsible for the conduct of such person is product made intentionally by the also an insured, but only with respect to liability vendor; arising out of the operation of the watercraft, and (d)Repackaging, except whenunpackedonlyifnootherinsuranceofanykindisavailablesolelyforthepurposeofinspection, to that person or organization for this liability.demonstration, testing, ortheHowever, no person or organization is an insured substitution of parts underinstructionswithrespectto:from the manufacturer, and then a."Bodily injury" to a co-"employee" of the repackaged in the original container; person operating the watercraft; or (e)Any failure to make such inspections, b."Property damage" to property owned by,adjustments, tests or servicing as the rented to, in the charge of or occupied by you vendor has agreed to make or normally or the employer of any person who is an undertakes to make in the usual insured under this provision.course of business, in connection with the distribution or sale of the products;5. Additional Insureds When Required By Written Contract, Written Agreement Or (f)Demonstration, installation, servicing Permit or repair operations, except such operations performed at the vendor'sThefollowingperson(s) or organization(s) are an premises in connection with the saleofadditionalinsuredwhenyouhaveagreed,in a the product;written contract, written agreement or because of g)Products which, after distributionorapermitissuedbyastateorpoliticalsubdivision, that such person or organization be added as an sale by you, have been labeled or additional insured on your policy, provided the relabeled or used as a container, part injury or damage occurs subsequent to the or ingredient of any other thing or execution of the contract or agreement.substance by or for the vendor; or Page 12 of 21 HG 00 01 09 16 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 h)"Bodily injury" or "property damage"omissions of those acting on your behalf: arising out of the sole negligence of the (1)In connection with your premises; or vendor for its own acts or omissions or (2)In the performance of yourongoingthoseofitsemployeesoranyoneelseoperationsperformedbyyouoronyouractingonitsbehalf. However, this behalf. exclusion does not apply to: With respect to the insurance afforded these (i)The exceptions contained in Sub-additional insureds, the following additionalparagraphs (d)or (f); or exclusion applies:( ii)Such inspections, adjustments,This insurance does not apply to "bodily tests or servicing as the vendor has injury", "property damage" or "personal and agreed to make or normally advertising injury" arising out of the rendering undertakes to make in the usual of or the failure to render any professional course of business, in connection services by or for you, including: with the distribution or sale of the 1.The preparing, approving, or failingtoproducts. prepare or approve, maps, shop drawings,(2)This insurance does not apply to any opinions, reports, surveys, field orders, insured person or organization, from change orders or drawingsandwhomyouhaveacquiredsuchproducts,specifications; ororanyingredient, part or container, 2.Supervisory, inspection, architecturalorenteringinto, accompanying or containing engineering activities.such products. This exclusion applies even if theclaimsb. Lessors Of Equipment against any insured allege negligence or (1)Any person(s) or organization(s) from other wrongdoing in the supervision, hiring, whom you lease equipment; but only with employment, training or monitoring ofothersrespecttotheirliabilityfor "bodily injury",by that insured, if the "occurrence" which " property damage" or "personal and caused the "bodily injury" or "property advertising injury" caused, in whole or in damage", or the offense which caused the part, by your maintenance, operation or "personal and advertising injury", involved the use of equipment leased to you by such rendering of or the failure to render any person(s) or organization(s).professional services by or for you.( 2)With respect to the insurance afforded to e. Permits Issued By State OrPoliticaltheseadditionalinsuredsthisinsurance Subdivisionsdoesnotapplytoany "occurrence" which Any state or political subdivision, but onlywithtakesplaceaftertheequipmentlease respect to operations performed by you oronexpires. your behalf for which the state orpoliticalc. Lessors Of Land Or Premises subdivision has issued a permit. Any person or organization from whom you With respect to the insurance affordedtheseleaselandorpremises, but only with respect additional insureds, this insurance doesnottoliabilityarisingoutoftheownership,apply to: maintenance or use of that part of the land or ( 1)"Bodily injury", "property damage" orpremisesleasedtoyou." personal and advertising injury" arisingWithrespecttotheinsuranceaffordedtheseoutofoperationsperformedforthestateadditionalinsuredsthefollowingadditionalormunicipality; orexclusionsapply:( 2)"Bodily injury" or "property damage" This insurance does not apply to:included within the "products-completed1.Any "occurrence" which takes place after operations hazard". you cease to lease that land; or f. Any OtherParty2.Structural alterations, new construction or Any other person or organization who isnotdemolitionoperationsperformedbyoronanadditionalinsuredunderParagraphsa. behalf of such person or organization.through e. above, but only with respecttod. Architects, Engineers Or Surveyors liability for "bodily injury", "property damage" Any architect, engineer, or surveyor, but only or "personal and advertising injury" caused, in with respect to liability for "bodily injury",whole or in part, by your acts or omissions or property damage" or "personal and the acts or omissions of those acting on your advertising injury" caused, in whole or in part,behalf: by your acts or omissions or the acts or (1)In the performance of your ongoing operations; HG 00 01 09 16 Page 13 of 21 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 2)In connection with your premises owned No person or organization is an insured with respect by or rented to you; or to the conduct of any current or past partnership, joint venture or limited liability company that is not (3)In connection with "your work" and shown as a Named Insured in the Declarations. included within the "products-completed SECTION III - LIMITS OF INSURANCEoperationshazard", but only if a)The written contract or agreement 1. The Most We Will Pay requires you to provide such coverage The Limits of Insurance shown inthetosuchadditionalinsured; and Declarations and the rules below fix the most we b)This Coverage Part provides coverage will pay regardless of the number of: for "bodily injury" or "property damage"a.Insureds; included within the "products- b.Claims made or "suits" brought; orcompletedoperationshazard". c.Persons or organizations making claimsorHowever: bringing "suits".( 1)The insurance afforded to such additional 2. General AggregateLimitinsuredonlyappliestotheextent The General Aggregate Limit is the most wewillpermittedbylaw; and pay for the sum of:(2)If coverage provided to the additional a.Medical expenses under Coverage C;insured is required by a contract or agreement, the insurance afforded to such b.Damages under Coverage A,exceptadditionalinsuredwillnotbebroaderthandamagesbecauseof "bodily injury" orthatwhichyouarerequiredbythecontract "property damage" included in the "products- or agreement to provide for such completed operations hazard"; andadditionalinsured.c.Damages under Coverage B. With respect to the insurance afforded to 3. Products-Completed OperationsAggregatetheseadditionalinsureds, this insurance does Limitnotapplyto: The Products-Completed Operations Aggregate"Bodily injury", "property damage" or Limit is the most we will pay under Coverage A"personal and advertising injury" arising out of for damages because of "bodily injury" andtherenderingof, or the failure to render, any " property damage" included in the "products-professional architectural, engineering or completed operations hazard".surveying services, including: 4. Personal And Advertising Injury Limit(1)The preparing, approving, or failing to Subject to 2.above, the Personalandprepareorapprove, maps, shop drawings, Advertising Injury Limit is the most we willpayopinions, reports, surveys, field orders, under Coverage B for the sum of alldamageschangeordersordrawingsand because of all "personal and advertising injury"specifications; or sustained by any one person or organization.(2)Supervisory, inspection, architectural or 5. Each OccurrenceLimitengineeringactivities. Subject to 2.or 3.above, whichever applies, theThisexclusionapplieseveniftheclaims Each Occurrence Limit is the most we will payforagainstanyinsuredallegenegligenceor the sum of:other wrongdoing in the supervision, hiring, employment, training or monitoring of others a.Damages under Coverage A;and by that insured, if the "occurrence" which b.Medical expenses under CoverageCcausedthe "bodily injury" or "property because of all "bodily injury" and "propertydamage", or the offense which caused the damage" arising out of any one "occurrence". "personal and advertising injury", involved the rendering of or the failure to render any 6. Damage To Premises Rented To You Limit professional services by or for you.Subject to 5.above, the Damage To Premises The limits of insurance that apply to additional Rented To You Limit is the most we will pay insureds is described in Section III - Limits Of under Coverage A for damages because of Insurance. "property damage" to any one premises, while rented to you, or in the case of damage by fire,How this insurance applies when other insurance lightning or explosion, while rented to youorisavailabletotheadditionalinsuredisdescribed temporarily occupied by you with permissionofintheOtherInsuranceConditioninSectionIV - the owner.Commercial General Liability Conditions. Page 14 of 21 HG 00 01 09 16 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 b. Notice OfClaimInthecaseofdamagebyfire, lightning or explosion, the Damage to Premises Rented To If a claim is made or "suit" is broughtagainstYouLimitappliestoalldamageproximatelyanyinsured, you or any additionalinsuredcausedbythesameevent, whether such must: damage results from fire, lightning or explosion ( 1)Immediately record the specifics oftheoranycombinationofthese. claim or "suit" and the date received; and7. Medical Expense Limit ( 2)Notify us as soon as practicable. Subject to 5.above, the Medical Expense Limit is You or any additional insured must see to itthemostwewillpayunderCoverageCforall that we receive written notice of the claimormedicalexpensesbecauseof "bodily injury"" suit" as soon as practicable.sustained by any one person. c. Assistance And Cooperation OfThe8. How Limits Apply To Additional Insureds InsuredIfyouhaveagreedinawrittencontractorwritten You and any other involved insured must:agreement that another person or organization 1)Immediately send us copies ofanybeaddedasanadditionalinsuredonyourpolicy, demands, notices, summonses orlegalthemostwewillpayonbehalfofsuchadditional papers received in connection withtheinsuredisthelesserof: claim or "suit";a.The limits of insurance specified in the written 2)Authorize us to obtain records andothercontractorwrittenagreement; or information;b.The Limits of Insurance shown in the 3)Cooperate with us in the investigationorDeclarations. settlement of the claim or defenseagainstSuchamountshallbeapartofandnotin the "suit"; andadditiontoLimitsofInsuranceshowninthe 4)Assist us, upon our request, intheDeclarationsanddescribedinthisSection. enforcement of any right against anypersonTheLimitsofInsuranceofthisCoveragePartapply or organization which may be liable totheseparatelytoeachconsecutiveannualperiodandto insured because of injury or damagetoanyremainingperiodoflessthan12months, which this insurance mayalso apply.starting with the beginning of the policy period d. Obligations At The Insureds OwnCostshownintheDeclarations, unless the policy period is extended after issuance for an additional period of No insured will, except at that insured'sownlessthan12months. In that case, the additional cost, voluntarily make a payment, assumeperiodwillbedeemedpartofthelastprecedinganyobligation, or incur any expense, otherperiodforpurposesofdeterminingtheLimitsofthanforfirstaid, without our consent. Insurance. e. Additional Insureds OtherInsuranceSECTIONIV - COMMERCIAL GENERAL If we cover a claim or "suit" underthisLIABILITYCONDITIONS Coverage Part that may also be coveredby1. Bankruptcy other insurance available to an additional Bankruptcy or insolvency of the insured or of the insured, such additional insured must submit insured's estate will not relieve us of our such claim or "suit" to the other insurer for obligations under this Coverage Part.defense and indemnity. 2. Duties In The Event Of Occurrence, Offense,However, this provision does not apply totheClaimOrSuitextentthatyouhaveagreedinawritten a. Notice Of Occurrence Or Offense contract or written agreement that this insurance is primary and non-contributoryYouoranyadditionalinsuredmustseetoit with the additional insured's own insurance.that we are notified as soon as practicable of an "occurrence" or an offense which may f. Knowledge Of An Occurrence, Offense, result in a claim. To the extent possible,Claim Or Suit notice should include:Paragraphs a.and b.apply to you or to any 1)How, when and where the "occurrence" or additional insured only when such offense took place;"occurrence", offense, claim or "suit" is known to:(2)The names and addresses of any injured persons and witnesses; and (1)You or any additional insured that is an 3)The nature and location of any injury or individual; damage arising out of the "occurrence" or (2)Any partner, if you or theadditionaloffense.insured is a partnership; HG 00 01 09 16 Page 15 of 21 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 3)Any manager, if you or the additional (3) Tenant Liability insured is a limited liability company;That is insurance purchased by you to 4)Any "executive officer" or insurance cover your liability as a tenant for manager, if you or the additional insured is "property damage" to premises rented to a corporation;you or temporarily occupied by you with permission of the owner;(5)Any trustee, if you or the additional 4) Aircraft, Auto OrWatercraftinsuredisatrust; or 6)Any elected or appointed official, if you or If the loss arises out of the maintenance or the additional insured is a political use of aircraft, "autos" or watercraft to the subdivision or public entity.extent not subject to Exclusion g. of Section I - Coverage A - Bodily InjuryAndThisdutyappliesseparatelytoyouandany Property Damage Liability;additional insured. 5) Property Damage ToBorrowed3. Legal Action Against Us Equipment Or Use OfElevatorsNopersonororganizationhasarightunderthis If the loss arises out of "property damage"Coverage Part: to borrowed equipment or the useofa.To join us as a party or otherwise bring us elevators to the extent not subjecttointoa "suit" asking for damages from an Exclusion j.of Section I - Coverage A - insured; or Bodily Injury And Property Damage b.To sue us on this Coverage Part unless all of Liability; its terms have been fully complied with.(6) When You Are Added As An Additional A person or organization may sue us to recover Insured To Other Insurance on an agreed settlement or on a final judgment Any other insurance available toyouagainstaninsured; but we will not be liable for covering liability for damages arisingoutdamagesthatarenotpayableunderthetermsofofthepremisesoroperations, orproductsthisCoveragePartorthatareinexcessoftheandcompletedoperations, for whichyouapplicablelimitofinsurance. An agreed have been added as an additionalinsuredsettlementmeansasettlementandreleaseofbythatinsurance; orliabilitysignedbyus, the insured and the ( 7) When You Add Others AsAnclaimantortheclaimant's legal representative. Additional Insured To ThisInsurance4. Other Insurance Any other insurance available toanIfothervalidandcollectibleinsuranceisadditionalinsured. available to the insured for a loss we cover under However, the following provisions applytoCoveragesAorBofthisCoveragePart, our other insurance available to any personorobligationsarelimitedasfollows: organization who is an additionalinsureda. Primary Insurance under this coverage part. This insurance is primary except when b.(a) Primary Insurance WhenRequiredbelowapplies. If other insurance is also ByContractprimary, we will share with all that other This insurance is primary if youhaveinsurancebythemethoddescribedinc. agreed in a written contract orwrittenbelow. agreement that this insurancebeb. Excess Insurance primary. If other insurance is also This insurance is excess over any of the other primary, we will share with all that insurance, whether primary, excess,other insurance by the method contingent or on any other basis:described in c.below. 1) Your Work (b)Primary And Non-Contributory To Other Insurance When RequiredByThatisFire, Extended Coverage, Builder's ContractRisk, Installation Risk or similar coverage for "your work";If you have agreed in a written contract, written agreement, or permit(2) Premises Rented To You that this insurance is primary and non- That is fire, lightning or explosion contributory with theadditionalinsuranceforpremisesrentedtoyouorinsured's own insurance, thisinsurancetemporarilyoccupiedbyyouwithisprimaryandwewillnotseekpermissionoftheowner;contribution from that other insurance. Page 16 of 21 HG 00 01 09 16 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 c.All other parts of the world if the injury ornonrenewalnotlessthan30daysbeforethe expiration date. damage arises out of: 1)Goods or products made or sold by youinIfnoticeismailed, proof of mailing will be sufficient proof of notice. the territory described in a.above; SECTION V - DEFINITIONS (2)The activities of a person whose home is in the territory described in a.above, butis1. "Advertisement"means the widespread public away for a short time on your business; ordisseminationofinformationorimagesthathas 3)"Personal and advertising injury" offensesthepurposeofinducingthesaleofgoods, products or services through:that take place through the Internet or similar electronic means ofcommunicationa. (1)Radio; provided the insured's responsibility to pay(2)Television; damages is determined in the United States of( 3)Billboard;America (including its territories and possessions), 4)Magazine;Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory or(5)Newspaper; or in a settlement we agree to.b.Any other publication that is given widespread 7. "Employee"includes a "leased worker".public distribution." Employee" does not include a "temporaryHowever, "advertisement" does not include:worker". a.The design, printed material, information or 8. "Employment-Related Practices"means: images contained in, on or upon the a.Refusal to employ that person;packaging or labeling of any goods or products; or b.Termination of that person's employment; or b.An interactive conversation between or c.Employment-related practices, policies, acts among persons through a computer network.or omissions, such as coercion, demotion, evaluation, reassignment, discipline, 2."Advertising idea"means any idea for an defamation, harassment, humiliation,"advertisement". discrimination or malicious prosecution3. "Asbestos hazard"means an exposure or directed at that person. threat of exposure to the actual or alleged 9. "Executive officer"means a person holdinganypropertiesofasbestosandincludesthemere of the officer positions created by your charter,presence of asbestos in any form. constitution, by-laws or any othersimilar4. "Auto"means:governing document. a.A land motor vehicle, trailer or semitrailer 10."Hostile fire"means one whichbecomesdesignedfortravelonpublicroads, including uncontrollable or breaks out from where it was any attached machinery or equipment; or intended to be. b.Any other land vehicle that is subject to a 11."Impaired property"means tangible property, compulsory or financial responsibility law or other than "your product" or "your work", that other motor vehicle insurance law where it is cannot be used or is less useful because: licensed or principally garaged. a.It incorporates "your product" or "your work" However, "auto" does not include "mobile that is known or thought to be defective, equipment". deficient, inadequate or dangerous; or5. "Bodily injury"means physical:b.You have failed to fulfill the terms ofaa.Injury;contract or agreement; b.Sickness; or if such property can be restored to use by the c.Disease repair, replacement, adjustment or removal of your product" or "your work", or your fulfillingthesustainedbyapersonand, if arising out of the terms ofthe contract or agreement.above, mental anguish or death at any time. 6. "Coverage territory"means:12."Insured contract"means: a.The United States of America (including its a.A contract for a lease of premises. However, territories and possessions), Puerto Rico and that portion of the contract for a lease of Canada;premises that indemnifies any person or organization for damage by fire, lightningorb.International waters or airspace, but only if explosion to premises while rented to youortheinjuryordamageoccursinthecourseof temporarily occupied by you withpermissiontravelortransportationbetweenanyplaces of the owner is subject to the Damagetoincludedina.above; or Page 18 of 21 HG 00 01 09 16 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 2)Cherry pickers and similar devices (2)Work that has not yet been completed or mounted on automobile or truck chassis abandoned. However, "your work" will be and used to raise or lower workers; and deemed completed at the earliest of the following times:(3)Air compressors, pumps and generators, a)When all of the work called for inyourincludingspraying, welding, building cleaning, geophysical exploration, lighting contract has been completed. and well servicing equipment.(b)When all of the work to be done at the However, "mobile equipment" does not include job site has been completed if your any land vehicle that is subject to a compulsory contract calls for work at more than or financial responsibility law or other motor one job site. vehicle insurance law where it is licensed or (c)When that part of the work done ataprincipallygaraged. Land vehicles subject to a job site has been put to itsintendedcompulsoryorfinancialresponsibilitylaworotherusebyanypersonororganizationmotorvehicleinsurancelawareconsideredotherthananothercontractor or" autos".subcontractor working on the same 16."Occurrence"means an accident, including project. continuous or repeated exposure to substantially Work that may need service, the same general harmful conditions. maintenance, correction, repair or 17."Personal and advertising injury"means replacement, but which is otherwise injury, including consequential "bodily injury", complete, will be treated as completed. arising out of one or more of the following b.Does not include "bodily injury" or "propertyoffenses:damage" arising out of: a.False arrest, detention or imprisonment;(1)The transportation of property, unless the b.Malicious prosecution;injury or damage arises out of a condition in or on a vehicle not owned oroperatedc.The wrongful eviction from, wrongful entry by you, and that condition was createdbyinto, or invasion of the right of private the "loading or unloading" of thatvehicleoccupancyofaroom, dwelling or premises by any insured;that a person or organization occupies, 2)The existence of tools, uninstalledcommittedbyoronbehalfofitsowner, landlord or lessor;equipment or abandoned or unused materials; ord.Oral, written or electronic publication, in any 3)Products or operations for whichthemanner, of material that slanders or libels a person or organization or disparages a classification, listed in the Declarations or person's or organization's goods, products or in a policy Schedule, states that products- services;completed operations are subject to the General Aggregate Limit.e.Oral, written or electronic publication, in any manner, of material that violates a person's 20."Property damage"means: right of privacy;a.Physical injury to tangible property, including f.Copying, in your "advertisement", a person's all resulting loss of use of that property. All or organization's "advertising idea" or style of such loss of use shall be deemed to occur at advertisement"; or the time of the physical injury that caused it; org.Infringement of copyright, slogan, or title of any literary or artistic work, in your b.Loss of use of tangible property that is not" advertisement".physically injured. All such loss of use shall 18."Pollutants"mean any solid, liquid, gaseous or be deemed to occur at the time of the thermal irritant or contaminant, including smoke,"occurrence" that caused it. vapor, soot, fumes, acids, alkalis, chemicals and As used in this definition, computerized or waste. Waste includes materials to be recycled, electronically stored data, programs or software reconditioned or reclaimed.are not tangible property. Electronic data means 19."Products-completed operations hazard": information, facts or programs: a.Includes all "bodily injury" and "property a.Stored as or on; damage" occurring away from premises you b.Created or used on; orownorrentandarisingoutof "your product" c.Transmitted to or from;or "your work" except: computer software, including systems and(1)Products that are still in your physical applications software, hard or floppy disks, CD-possession; or Page 20 of 21 HG 00 01 09 16 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY EFFECTIVE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description and Location of Operation(s): If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following exclusion is added to paragraph 2., Exclusions of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I Coverages): This exclusion applies whether or not the consolidated wrap-up) insurance program: 1)provides coverage identical to that provided by this Coverage Part; This insurance does not apply to "bodily injury" or property damage" arising out of either your ongoing operations or operations included within the products-completed operations hazard" at the location described in the Schedule of this endorsement, as a consolidated (wrap-up) insurance program has been provided by the prime 2) has limits adequate to cover all claims; or 3) remains in effect. contractor/project manager or owner of the construction project in which you are involved. CG 21 54 01 96 Copyright, Insurance Services Office, Inc., 1994 53 UEN OH9024 10/01/2023 All locations and all projects that a consolidated (wrap-up) insurance program has been provided by the prime contractor, project manager or owner of the construction project. DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 POLICY NUMBER: 53UENOH9025 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:01/21/22 Policy Expiration Date: 10/01/24 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Endorsement Number:Policy Number: 53 WE OH9H11 Effective Date: 10/01/2023 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:SCW Contracting Corporation 2525 OLD HIGHWAY 395 FALLBROOK CA 92028 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 AXIS EXCESS INSURANCE AXIS 1011779 0119 Page 1 of 1 Endorsement Number Effective Date of Endorsement Policy Number Premium 12:01 a.m. on 10/01/2023 P-001-000764637-03 N/A AMENDATORY ENDORSEMENT – ADDITIONAL INSURED AND PRIMARY AND NON-CONTRIBUTORY FOLLOW FORM It is agreed the policy is amended to include the following language: This insurance shall follow form the Additional Insured status and Primary and Non-Contributory language of the followed policy. It is agreed and understood that the coverage provided by this policy will be no broader than the followed policy. All other provisions of the policy remain unchanged. DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 ENV-3250 (12/18) 221012.1) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 2 ADDITIONAL INSURED ENDORSEMENT – ONGOING WORK OR OPERATIONS Named Insured SCW Contracting Endorsement Number Policy Symbol CPW Policy Number G4681759A 007 Policy Period 10/01/2023 to 10/01/2024 Effective Date of Endorsement 10/01/2023 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE: Name of Person(s) or Organization(s): As required by written contract, prior to a loss to which this insurance applies. If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the persons or organizations shown in the Schedule, but only with respect to liability for injury or damage, to which this insurance applies, 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 for the additional insureds. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following exclusion is added: Exclusions This insurance does not apply to injury or damage occurring after: a.All work or operations, including materials, parts or equipment furnished in connection with such work or operations, on the project (other than service, maintenance or repairs) to be performed by you or on your behalf at the site of the covered operations has been completed; or b.That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for the additional insured as a part of the same project. DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 ENV-3250 (12/18) 221012.1) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 2 of 2 C.With respect to the insurance afforded to these additional insureds, the following is added to SECTION III – LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; 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 and conditions of this policy remain unchanged. DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 ENV-3251 (12/18) 221012.2) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 ADDITIONAL INSURED ENDORSEMENT – PRODUCTS-COMPLETED OPERATIONS HAZARD Named Insured SCW Contracting Endorsement Number Policy Symbol CPW Policy Number G4681759A 007 Policy Period 10/01/2023 to 10/01/2024 Effective Date of Endorsement 10/01/2023 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization(s): As required by written contract, prior to a loss to which this insurance applies. If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A.SECTION II – WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for injury or damage, to which this insurance applies, caused by or resulting from your work performed for that additional insured and included in the products-completed operations hazard, and only to the extent that such injury or damage is caused, in whole or in part, by your negligence or the negligence of those acting on your behalf. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to SECTION III - LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; 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 and conditions of this policy remain unchanged. DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 ENV-3253 (12-18) 266562.2)Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION Named Insured SCW Contracting Endorsement Number Policy Symbol CPW Policy Number G4681759A 007 Policy Period 10/01/2023 to 10/01/2024 Effective Date of Endorsement 10/01/2023 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTOR’S POLLUTION LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This policy is primary to, and will not seek contribution from, any other insurance available to an additional insured under this policy, provided that: a.The additional insured is a named insured under such other insurance; and b.The named insured has agreed in a written contract or agreement that this insurance would: 1) act as primary insurance; and 2)would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of this policy remain unchanged. DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 ENV-3143 (03-05)Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 Named Insured SCW Contracting Endorsement Number Policy Symbol CPW Policy Number G4681759A 007 Policy Period 10/01/2023 to 10/01/2024 Effective Date of Endorsement 10/01/2023 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As required by written contract, prior to a loss to which this insurance applies. If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain the same. DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 CITY OF LAKE ELSINORE TO BE POSTED IN A CONSPICUOUS PLACE Business Name: Business Location: Owner Name(s): BUSINESS LICENSE NO. Issue Date: Expiration Date: BUSINESS LICENSE THIS IS YOUR LICENSE • NOT TRANSFERABLE 2525 OLD HIGHWAY 395 Business Type: FALLBROOK, CA 92028-8794 SCW CONTRACTING CORPORATION 2525 OLD HIGHWAY 395 FALLBROOK, CA 92028-8794 This business license is issuedfor revenue purposes only anddoes not grant authorization to operate a business. This business license is issuedwithout verificationthat the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency. Administrative Services - Licensing 130 South Main Street, Lake Elsinore, CA 92530 PH (951) 674-3124 SCW CONTRACTING CORPORATION JEFFREY SCRAPE GENERAL ENGINEERING CONTRACTOR 022745 2/1/2024 1/31/2025 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/ DocuSign Envelope ID: 7F519FD7-8B2F-485E-BAC0-3A6A9667AD30 Certificate Of Completion Envelope Id: 7F519FD78B2F485EBAC03A6A9667AD30 Status: Completed Subject: Please DocuSign: SCW Contracting PWCA City Hall Structural Steel Bid Set B CIP 03-26-2024 Source Envelope: Document Pages: 71 Signatures: 5 Envelope Originator: Certificate Pages: 5 Initials: 0 Luz Reyes AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 130 S. Main Street Lake Elsinore, CA 92530 lreyes@lake-elsinore.org IP Address: 47.180.22.242 Record Tracking Status: Original 4/30/2024 3:42:29 PM Holder: Luz Reyes lreyes@lake-elsinore.org Location: DocuSign Signer Events Signature Timestamp Shannon Buckley sbuckley@lake-elsinore.org Assistant City Manager Security Level: Email, Account Authentication None)Signature Adoption: Pre-selected Style Using IP Address: 47.180.22.242 Sent: 4/30/2024 3:48:48 PM Viewed: 4/30/2024 3:49:58 PM Signed: 4/30/2024 3:50:08 PM Electronic Record and Signature Disclosure: Accepted: 4/30/2024 3:49:58 PM ID: 493d6179-da6c-4594-bae7-72b923cf1335 Barbara Leibold barbara@ceqa.com City Attorney Security Level: Email, Account Authentication None)Signature Adoption: Pre-selected Style Using IP Address: 184.183.85.151 Sent: 4/30/2024 3:50:09 PM Viewed: 5/1/2024 12:41:16 PM Signed: 5/1/2024 12:42:10 PM Electronic Record and Signature Disclosure: Accepted: 5/1/2024 12:41:16 PM ID: 40340255-ea7e-42c9-8b98-233978d265ba Andrew Scrape ascrape@scwcompanies.com VP SCW Contracting Security Level: Email, Account Authentication None) Signature Adoption: Pre-selected Style Using IP Address: 104.190.7.114 Signed using mobile Sent: 5/1/2024 12:42:12 PM Resent: 5/2/2024 2:54:22 PM Resent: 5/6/2024 3:24:18 PM Resent: 5/7/2024 11:18:10 AM Resent: 5/7/2024 11:19:50 AM Resent: 5/7/2024 1:04:18 PM Viewed: 5/7/2024 1:14:36 PM Signed: 5/7/2024 1:15:11 PM Electronic Record and Signature Disclosure: Accepted: 4/5/2024 5:21:08 PM ID: a6a390a1-8f3b-46a6-921d-88c982c962c2 Jason Simpson jsimpson@lake-elsinore.org City Manager city of Lake Elsinore Security Level: Email, Account Authentication None) Signature Adoption: Pre-selected Style Using IP Address: 47.180.22.242 Signed using mobile Sent: 5/7/2024 1:15:12 PM Viewed: 5/7/2024 1:20:09 PM Signed: 5/7/2024 1:20:16 PM Electronic Record and Signature Disclosure: Signer Events Signature Timestamp Accepted: 5/7/2024 1:20:09 PM ID: f50c4411-122a-4c56-9b04-1464ff5ee03f Candice Alvarez calvarez@lake-elsinore.org City Clerk City of Lake Elsiniore Security Level: Email, Account Authentication None) Signature Adoption: Uploaded Signature Image Using IP Address: 47.180.22.242 Sent: 5/7/2024 1:20:18 PM Viewed: 5/7/2024 1:24:41 PM Signed: 5/7/2024 1:24:48 PM Electronic Record and Signature Disclosure: Accepted: 10/24/2019 11:01:03 AM ID: 0018f862-4e7a-4c04-91a9-67d7112db44f In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Gus Papagolos gpapagolos@verizon.net Security Level: Email, Account Authentication None) Sent: 5/7/2024 1:24:50 PM Electronic Record and Signature Disclosure: Accepted: 6/2/2022 11:39:15 AM ID: a0ccb9e8-2133-4c7c-810f-6eea8e095a41 Matthew Maternowski mmaternowski@lake-elsinore.org Security Level: Email, Account Authentication None) Sent: 5/7/2024 1:24:51 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Savannah Fernandez sfernandez@lake-elsinore.org Security Level: Email, Account Authentication None) Sent: 5/7/2024 1:24:52 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/30/2024 3:48:48 PM Certified Delivered Security Checked 5/7/2024 1:24:41 PM Signing Complete Security Checked 5/7/2024 1:24:48 PM Completed Security Checked 5/7/2024 1:24:52 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, Carahsoft OBO City of Lake Elsinore (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Electronic Record and Signature Disclosure created on: 2/5/2018 9:41:59 AM Parties agreed to: Shannon Buckley, Barbara Leibold, Andrew Scrape, Jason Simpson, Candice Alvarez, Gus Papagolos How to contact Carahsoft OBO City of Lake Elsinore: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by phone call: 951-674-3124 x269 To contact us by email send messages to: lreyes@lake-elsinore.org To advise Carahsoft OBO City of Lake Elsinore of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at lreyes@lake-elsinore.org and in the body of such request you must state: your previous e-mail address, your new e-mail address. 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By checking the ‘I agree’ box, I confirm that: I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify Carahsoft OBO City of Lake Elsinore as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Carahsoft OBO City of Lake Elsinore during the course of my relationship with you. CITY OF LAq@ March 11,2016 SCW Contracting Corp. Attn: Steve Scrape 2525 North Old Highway 395 Fallbrook, CA92028 RE: PUBLIC WORKS CONSTRUCTION AGREEMENT Dear Mr. Scrape: Enclosed for your files, please find your executed copy of the Public Works Construction Agreement for Rosetta Canyon Sports Park Phase ll, CIP Project No. 240004, Steel Fabrication. Please do not hesitate to give this office a call, should you have any questions. Sincerely, @t1,Aou Susan M. Domen, MMC City Clerk Enclosure cc: Public Works Department Administrative Services Department 95t.674.3t24 130 S. MAIN STREET LAKE ELSINoRE. CA 92530 WWW.LAKE- E LSI NORE.ORG LSINO Agreement No._ AGREEMENT FOR PUBLIC WORKS GONSTRUCTION scw coNTPAcTtNG coRP) ROSETTA CANYON SPORTS PARK PHASE.II PROJECT crP PRoJEcr no. zdool BID SET "Bl" (Steel Fabrication) This Agreement for Public Works Construction ("Agreement") is made and entered into as of February 23, 2016, by and between the City of Lake Elsinore, a municipal corporation ('City) SCW Contracting Corp) ("Contractor"). The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows: 1 . The Proiect and Proiect Documents. Contractor agrees to construct the following public improvements ("work") identified as: ROSETTA CANYON SPORTS PARK PHASE-II PROJECT CIP PROJECT NO. Z4OOO4 Structural Steel Columns Hand Rails (Stairs) Elevator Pit Latter Stair Stringers Structural Steel Columns Hand Rails (Stairs) Elevator Pit Latter Stair Stringers Anchor Bolt Templates Guardrail Panel 2"d Floor Shop Drawings Anchor Bolt Templates Guardrail Panel 2nd Floor ShoP Drawings The City-approved plans forthe construction of the Project, whieh are incorporated herein by reference and prepared by STK Architecture lnc., are identified as: Rosetta Canyon Sports Park Phases - ll Proiect Bid Set'81' (Steel Fabrication) The Project Documents include this Agreement and all of the following: (1) the Notice lnviting Bids, lnstructions 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 specilications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance ce(ificates, permits, notices, and afiidavits; 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. Comoensation. a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Prolect, including furnishing all materials and performing all work required for the Prolect, and to fulfill all other obligations as set forth in the Bidder's Proposal, such contract price being one hundred forty thousand dollars and no cents ($140,000.00). D-l b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the lerms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Pro.iect Documenls. c. Contractor agrees to receive and accept the prices set forth in the Bidder,s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or disconiinuance of the work, and all other unknowns or risks of any description connected y/ittrthe work. Completion of Work. 9I+ro*+rrg'+a t$lq-exp€fi dable-€quipme nt, eeBstrc€tie*+.fthe€r€je€t 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 Director of Public Works, 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 ccmplying 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 difticult to ascerlain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. lt is, therefore, agreed that such damages shall be presumed to be in the amount of Five Hundred dollars ($@!) per calendar day, and that the Contractor will pay to the City, or City may retain from amoqnts otheMise 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. 4. Chanqes 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 damages claims against the Contractor. Any change to the work shall be by way of a written instrument ("change ordei') signed by the City and the Contractor, stating their agreement to the following: D-2 a. The scope ofthe 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 Manager is authorized to sign any change order provided that sufficient contingency funds are available in the City's approved budget for the Prqject. 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%) ofthe contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney. 6. Non-Assionabilitv. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or othenarise 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 sel forth in the Project Documents, is registered with the Department of lndustrial Relations pursuant to Labor Code Section 1725.5 as of March 1 , 2015, 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. lndemnitv. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from. and against any and all losses, Iiability, 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 property, or violation of law. lt is understood that the duty of Contractor to indemnii/ 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. lnsurance. Contractor, at Contracto/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 Coveraoe. Contractor shall maintain Workers' Compensation lnsurance and Employer's Liability Insurance for his/her employees in D-3 accordance with the laws of the State of California. ln addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation lnsurance and Employels Liability lnsurance 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. ln the event that Contractor is exempt from Worker's Compensation lnsurance and Employer's Liability lnsurance 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 lnsurance in a form approved by the City Attorney. ii. General Liability Coveraqe. 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. lf 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 occunence limit. Required commercial general liability coverage shall be at least as broad as lnsurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11l88) or lnsurance 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 Liabilltv Coveraoe. 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 lnsurance Services Office Automobile Liability form CA 0001 (ed. 12190) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. iv. Professional LiabiliW Coveraoe Iif apolicablel. Contraclor 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 (91 ,000,000) on a claims-made annual aggregate basis, or a combined single limit per occugence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:Vll and shall be endorsed with the following speciflc 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. D4 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, agenls 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 Clty. c. Deductibles and Self-lnsured 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 lnsurance. 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 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 With a copyto: City of Lake Elsinore Attn: City Manager Attn: City Clerk 130 South Main Street 130 South Main Street Lake Elsinore, CA 92530 Lake Elsinore, CA 92530 lf to Contractor: SCW Contracting Corp Attn: Steve Scrape 2525 N. Otd HWY 395 Fallbrook CA 92028 11 . Entire Aoreement. 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. 1 3. Assiqnment and Subcontractinq. Contractor Shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contraclor 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 lhe payment of any monies due to any such subcontractor other than as olherwise is required by law. D-5 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. Severabilitv. lf 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. Controllinq 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. 17. Litioation Expenses and Attornevs' Fees. lf 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 falth 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. lf 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 medialors. Each party shall have the option to strike two of the flve mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. lf the dispute remains unresolved after mediation, either party may commence litigation. 19. Authoritv to Enter Aoreement 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 otheMise 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 Director of Public Works shall act as the Project administrator on behalf of the City. 20. Prohibited lnterests. 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 emplofee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of thls 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 Opportunitv Emplovment. Conlractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontraclor, 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 adve(ising, layoff or termination. 22. Prevailino Waqes. 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 lndustrial 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 offlce of the City Clerk of the City of Lake Elsinore and are available for review upon request. D_6 b. Contractols attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777 .5 and 1777.6. Conlractor 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 ofthe Department of lndustrial 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 Contactor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. lf the Project has been awarded to Contractor on or after Rprii l, ZOtS, Contractor and its subcontractors must furnish electronic certifled 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 usedintheperformanceoftheAgreement. The Contractor is required to malie coniributions 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. lnformation relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from tlie State Director of lndustrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accepl 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. ln approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. Signatures on next page] D-7 lN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY" CITY OF LAKE ELSINORE, a municipal corporation President ATTEST: M City Clerk CONTRACTOR' EXECUTED IN TRIPLICATE BOND NO.024061297 PREMTUM $1,el5jq---- PREMIUM IS FOR CONTRACT TERI\,,I AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTMCTPRICEFAITHFULPERFORMANCEBOND ll00o/o of Total Contract Amount) KNOWALL MEN AND \A/OMEN BY THESE PRESENTS: THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City," has awarded to SCW Contracting CorponRrrorl as Principal hereinafter designated as "Contractor'' and have entered into a Contract Agreement whereby the Contractor agrees lo construct or install and complete certain designated piblic improvements, which said Contract Agreement, effective on the date signed by the Mayor, and identified as ROSETTA CANYON SPORTS PARK PHASE.II PROJECT clP PROJECT NO.z+0004 BID SET "B1" {Steel Fabrication} Structural Steel Columns Hand Rails (Stairs) Elevator Pit Latter Stair Stringers is hereby referred to and made a part hereof; and Anchor Bolt Templates Guardrail Panel 2nd Floor Shop Drawings WHEREAS, said Contractor under the terms of said Contract Agreement is required to furnish a bond guaranteeing the faithful performance of said Contract Agreement; NOW THEREFORE, we the undersigned Contractor 66d LIQEIrY MUTUAL as Surety, are held a1! firmly bgu$ y$9 lhe City of Lake,!ls^i1^o19, Gounty of Riverside ,l.th". P?lr! ffim,lf' sumoflltJlixlLllgrEqroRrYrHousANDAND00/1oodollars($-1j-Q,9-0-Q,9Q-J,lawfulrnoney-oftheUnited ""'"""' payment, well and.truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Contractor, 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 Contract 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 indemnifo and save harmless the City of Lake Elsinore, its officers, agents and employees, as therein stipulated, then this.pbligation shall become null and void; otherwise it shall be and remain in fullforce and effect. ln the event suit is brought upon this bond by the Cig and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract Agreement or to the work to be performed thereunder, or the Provisions 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 Contract Agreement or to the work or the Provisions. STGNATURE PAGE FOLLOWS) D-9 IN of BOND NO.0j:40612s7 .. SIGNATURE PAGE TO FAITHFUL PERFORIUANCE BOND WITNESS WHEREOF, we have hereunto set our hands, and seals on this 25TH {6y FEBRUARY 2016 BIDDER:SURETY: Name: LIBERTY MUTUAL INSUMNCE COM,PANY ATTN: SURETY CLAIMS DEPARTMENT Address: 2525 NORrH OLD HIGHWAY 39s Address: 1001 4TH AVENUE, SUITE 1700 FALLBROOK, CA 92028 SEATTLE, WA 98154 fehphone No.:760t728-1308 Telephone No.:800/763-9268 Contractor Name: SCW CONTRACTING CORPOMTION Print Name: Signalure: MARK D. IATAROLA NOTE: This bond must be executed by both parties. Corporate seal may be afiixed hereto. fl!! siqnatures mrst be acknowledoed_before a notary public (attach qcknowledoments). The aftomey-in-fact for the corporate surety must be regisiered, as such, in at least one county in the State of Catifornia. (Attach one original Power of Attorney sheet for each bond)' City of Lake Elsinore D-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT crvrL coDE s 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of On SAN DIEGO 2t2512016 Date personally appeared before me,MICHELLE M. BASUIL, NOTARY PUBLIC Here lnsert Name and Title of the Officer MARK D. IATAROLA Name(e) 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/sher4hey executed the same in hislhe#thek authorized capacity(ies), and that by hivher/their signature(s) on the instrument the person(e), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. I -rctr- MICHEILE M. BASUIL I t &ffi - fil }## i'?ir, * - i< 'W vv corvn,ttssroN EXPTRES 7) l ruc.24,2o17 t Signature Place Notary Seal Above OPTIONAL Though this sectlon is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacityfies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA Signer's Name: E Corporate Officer - Title(s):D Gorporate Officer - Title(s): E Partner - ! Limited [] GeneralDPartner - D Limited E General n lndividual X Attorney in Fact D Attorney in Fact D Guardian orConservatorETrusteeDGuardianorConservator tr Other: Signer ls Representing:Signer ls Representing: n lndividual I Trustee Other: @2014 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6824 ltem #5907 ioo E GE3OO, b* 6> EE.E E'nOE dio6etriE o: PEE"= EE o(E t>= o(Etr>o Fb= ztJ THIS POWER OF ATTORNEY tS NOT VALTD UNLESS IT IS PRINTED ON RED BACKGROUND. 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. Certiflcate No. 7148e01 American Fire and Casualty Company The Ohio Casualty lnsurance Company Liberty Mutual lnsurance Company West American lnsurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty lnsurance Company are corporations duly organized under the laws of and appoint, Helen Malonev; John G. Malonev; Mark D. latarola; Michelle M. Basuil all of the city of Escondido , state of CA each individually if there be more than one named, its true and lawful attomey-in-facl to make, execute, seal, acknowledge 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. lN WITNESS WHEREoF, this Power ofAftorney has been subscribed by an authonzed officer or official of the Companies and the corporate seals of the Companies have been afiixed thereto this 21st day of :99!cqe!201 5 American Fire and Casualty Company The Ohio Casualty lnsurance Company Liberty Mutual lnsurance Company STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 21st day of october , 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual lnsurance Company, The Ohio Casualty lnsurance Company, and West American lnsurance 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. lN WITNESS WHEREOF, I have hereunto Notarial Seal Teresa Pastella, Notary Public Plymouth Twp., [rontgomery County My Commission Expires March 28, 20'17 Member, Pennsylvania Association of Notaries Teresa Pastella, Notary Public Company, Liberty Mutual lnsurance Company, and West American lnsurance Company which resolutions are now in full force and effect reading as follows: the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. executed such instruments shall be as binding as if signed by the president and attested by the secretary. fact as may be necessary to acl on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. Companies, is in full force and effect and has nol been revoked. lN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 2 5TH day of ffiffiffiffi ffiffiffiffi FEBRUARY ,20 L6 Gregory W, Davenport, Assistant Secretary subscribed my_na[e and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.. dt;:\ coMMoNwEALTH oF PENNSYLVAN|A )-- /1 h),^ ilL(/,<,o o; oo 9,, o E o F E oo o LL4S 12873'122013 100 ol 100 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT crvll coDE s 1189 llc State of California County of San Diego On February 25, 2016 beforeme, S.L. @l_enan, Notarv pr:b1ic Date Here lnsefi Namc anri Titlc af fhp offiear personally appeared who proved to me on the basis of satisfactory evidence to be the person{cf whose name$} is/ar+ subscribed to the within instrument and acknowledged to me that heisho/thg; executed the sameinhis/Htheir authorized capacity(las), and that by his/he#their signature(slon the instrument the person(s), or the entity upon behalf of which the person(s| acted, executeo the instrument. I cedify under PENALry OF PERJURY under the taws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Commirtion # 2090519 llotary Public - Califurni. San Diego County Signature Place Notary Seal Above OPTIONAL Though this sectrbn is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Perfonnalce_Ibnd Document p"1", Februarlz 25, 2016 Number of Pages; 2 Signer(s) Other Than Named Above: Capacity(ies) Claimeql by Signer(s) Signer's Name: JeffreY -ScraPe Signer's Name: Q Corporate Officer - Title(s): president E Partner - ! Limited fl General f} lndividual D Attorney in Fact Corporate Officer - Title(s): l* '1, Signature of Notary Public E Trustee D Other: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this ceftificate is attached, and not the truthfulness, accuracy, or validity of that documentl Here lnseri Name and Title of the Officer Name(s) of Signer@) S. L. COLEMAN I Partner - t] Limited n General D Guardian or Conservator Signer ls Representing:Signer ls Flepresenting SCW Crrntr.aCting COrrnralion @2014 National Notary Association ' www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6827) ltem #5907 D lndividual D Trustee X Other: Attorney in Fact E Guardian or Conservator Structural Steel Columns Hand Rails (Stairsl Elevator Pit Latter Stair Stringers is hereby refered to and made a part hereof; and EXECUTED IN TRIPLICATE BOND NO. 0240612e7 PRE M I uM $jsyl'Jl,i-f B5R $ LABOR ANp TEATERTALS BOND 100% of Total ContractAmount) KNOW ALL MEN AND WOMEN BY THESE PRESENTS THAT WHEREAS, the City Council of the City of Lake Elsinore, Slate of Califomia, known as City", has awarded SCW Contracting CorponarroN , 8s Principal hereinafter designated as "Contractor" and have entered into a Contract Agreement whereby the Contractor agrees to conslrucl or install and complete certain designated public improvements, which said Contract Agreement, effectiye on the date signed by the Mayor, and identified as ROSETTA CANYON SPORTS PARK PHASE.II PROJECT ctP PROJECT NO. Z4A004 BID SET "81" (Steel Fabrication) Anchor Bott Templates Guardrail Panel 2nd Floor Shop Drawings WHEREAS, said Contractor under the terms of said Agreemenl is required to furnish a bond to secure the payment of claims of laborers, mechanics, material men, and other persons, as provided by law; NOW THEREFORE, we the undersigned Contractor 36( lleEErl IVIUTUAL INSURANCE CoMPANY , 6s Surety are held and firmly bound unto the City of Lake Elsinore, County of Riverside, in the penal sum of oNE HUNDRED FoRrY rHousAryj) ANp 90/i00 _dollars (g 14_o,ooo.o0 .__), lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION lS SUCH, that if said Contractor, his or her or its heirs, executors, administrator, successors or assigns, or subcontractors, shall fail to pay any of the persons described in the Califomia Civil Code Section 3181, or amounts due under the Unemployment lnsurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his or her subcontractors, pursuant to Section 13020, of the Unemployment lnsurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shallbe void. tn the event suit is brought upon this bond by the City or other person entitled to bring such an action and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attomey fee to be fixed by the court. This bond shall inure to the beneft of any of the persons described in califomia civil code Section 3181, to give a right of action to sueh persons or their assigns in any suit brought upon this bond. SIGNATURE PAGE FOLLOWS) BOND NO. SIGNATURE PAGE TO LABOR AND MATERIALS BOND 024061297 IN of WITNESS WHEREOF, we have hereunto set our hands, and seals on this zsrn day FEBRUARY 20 IO BIDDER: ContraCtOr Name: SCW CONTMCTING CORPORATION SURETY: Name: Y Address: 2525 NoRrH o!9 U|GHW4Y t9q ATTN: SURETY CLAIMS DEPARTIVENT Address: 1oo1 4l! AVENUE, sulrE 17oo FALLBROOK, CA92O2B SEATTLE, WA 981 54 760t728-1308 Telephone No.:800/763-9268 Print Name:MARK D. IATAROLA Signature: NOTE: This bond must be executed by both parties. Corporate sealmay be afiixed heretoJ!! signatures muql be acBnowledged beforg a notary public (att?ch acknowledoments). 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). Telephone No.: Pdnt frlsrns' JEF as to Foffi this Gity of Lake Elsinore CALIFORNIA ALL.PURPOSE AGKNOWLEDGMENT crvtl coDE s 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of On SAN DIEGO 212512016 before MICHELLE M. BASUIL, NOTARY PUBLIC personally Date appeared Here lnsert Name and Title of the Officer MARK D. IATAROLA Name(e) 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 helsher4hely executed the same in hislhe#thek authorized capacity(ies), and that by hivherltheir 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 iJ,[: :1i"":l:$]t"'' " th at th e f o res o i ns paras ra p h WITNESS my hand and officialseal. f W r tffiif-^i,,n^,',. zd%,;;3;*;Wth Place Notary SealAbove OPTIONAL Though this section is optional, completing this information can deter altemtion of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:Document Date: Number of Pages: Signe(s) Other Than Named Above; Capacity(ies) Claimed by Signer(s) Signer's Name:MARK D. IATAROLA Signer's Name: E Corporate Otficer - Title(s):n Corporate Officer - Title(s): n Partner - tr Limited I General tr lndividual X Attorney in Fact n Partner - tr Limited I General D lndividual I Trustee D Other: D Attomey in Fact I Guardian orConservatornTrustee tr Other: fl Guardian or Conservator Signer ls Representing:Signer ls Representing: @2014 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6824 ltem #5907 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 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. Certificate No. 7247239 American Fire and Casualty Company The Ohio Casualty lnsurance Company Liberty Mutual lnsurance Company West American lnsurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty lnsurance Company are corporations duly organized under the laws of and appoint, Helen Malonev; Jisselle Marie Sanchez; John G. Malonev; Mark D. latarola; Michelle M. Basuil all of the city of Escondido , state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge be as binding upon lhe Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. lN WITNESS WHEREOI this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed theretothis-r2:lst dayof January ,2016 American Fire and Casualty Company The Ohio Casualty lnsurance Company Liberty Mutual lnsurance Company STATE OF PENNSYLVANIA ss COUNW OF MONTGOMERY iAssistant Secretary On this 21st day of January , 2016 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual lnsurance Company, The Ohio Casualty lnsurance Company, and West American lnsurance 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. lN WITNESS WHEREOF, I have hereunto subscribed name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written ffiffiffiffi Teresa Pastella, Notary Public Company, Liberty Mutual lnsurance Company, and West American lnsurance Company which resolutions are now in full force and effect reading as follows: powers of atlomey, shall have fll power to bind the Corporation by their signature and execution of any such instrments and to attach thereto the seal of the Corporation. When so the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. executed such instruments shall be as binding as if signed by the president and attested by the secretary. fact as may be necessary to act on behalfofthe Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Company, wherever appearing upon a certified copy of any power of attorney issued by ihe Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually aflixed. Companies, is in full force and effect and has not been revoked. lN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 25TH day of FEBRUARY ,zo 16 ffiffiffiffi "rr%Gregory W. Davenport, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella, Notary Public Plymouth Twp., l\rontgomery County My Commission Expires March 28, 20'17 Member, Pennsylvania Association of Notaries D*, ilfrll,€s& g-i LMS_r2873_1 2201 3 5 of 100 West lnsurance Company o(, Eco EcloI cn oo 3 oltottN @I(\t( 9o ao o a Job* b> EE- t EE oii o 6.sca! ot: EDO( E !1, ED= EE who proved to me on the basis of satisfactory evidence to be the person(sf whose name{s) is/aresubscribedtothewithininstrumentandacknowledgedtomethathe/she#h€y "** ri"J in" sameinhis/herltheir authorized capacity(ies), and that by his/hentheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(e| acted, executel the instrument. CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT crvtl coDE s 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signedthedocument1owhichthiscertificateisattached, and not the kuthfulness, a.crracy, or validity of that documeni State of California ) County of San Diego ) On Febntary 26, 2o1 G beforeme, Date Here lnsert Name and Titte of the Officer personally appeared Named Above: Signer's Name: lPartner - DLimited DGeneral D lndividual tJ Attorney in Fact S. L. COLEMAN Commi$ion # 2090519 Notary Public - Calilornia San Diego County I ceftify under PENALry OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. n ^r'," =/';//l*Ln,Signature of Notary public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Iabor and Materials BondDo"urent Date: Jebruary 25t 2016 Number of Pages: 3 Signe(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: Jeffrey Scrape filCorporate Officer - Tifle(s): president n Partner - tr Limited EGeneralIlndividualnAttorneyinFact J Corporate Officer - Title(s): nTrusteeIOther: n Guardian or Conservator Signer ls Representing:Signer ls Representing SCti ConLraeLing eorporaLion o2014 National Notary Association ' www.NationalNotary.org . 1-800-us NoTABy (1-800-876-6827) ltem #5907 D Guardian or Conservator [] Trustee D Other: xica€ .6C4 WOR}<ERS' COMPENSATION INSURANCE CERTIFICATION Pursuant to Section 1861 of the California Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract: l am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." SC1{ @ntracting @rporation Contractor February 26, 2016 Date Section 3700 of the California Labor Code reads as follows: Every employer except the State shall secure the payment of compensation in one or more of the following ways: a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. b) By securing from the Director of lndustrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of lndustrial Relations of ability to self-insure and to pay any compensation that may become due to his employee." President Title COVERAGES i2076 ACo'Rb@\-''CERTIFICATE OF LIABILITY INSURANCE DAIE (MM/DD/YYYY} 2/25/2076 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 CERTTFICATE OF TNSURANCE DOES NOT CONSTTTUTE A CONTMCT BETWEEN Tl{E |SSU|NG TNSURER(S), AUTHORTZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, ceftain 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 Michael Ehrenfeld Company 2555 Canino De]- Rio North 200 San Diego CA 921,08 iXilii"' r,eslie Frankenberger ljlS\.^ ,,,,. (619) 683-9990 1 IiI "^,. 51e)683-eeee i'dffiErr, leslief G ehrenf e]-dinsurance . con T--.rNsuRER(S) AFFORDTNG COVEMGE NA|C # INSURER A :Westchester Fire Insurance 10030 INSURED SCf{ Contracting Corp 2525 N. oj.d Hwy #395 Fal-l-brook CA 92028 NSURERBAmerican States Insurance Com])anv L9704 TNSURERC;fnsurance ComDanv Of The West 27847 INSURER D : INSURER E : INSTJRER F; CERTIFICATE NUMBER ION 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. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSUMNCE POLICY NIIMBER P tMt POLICY EXT MM/DD/YYT LIMITS A x j counaencnl ceNERAL LIABtLtry l l "*, r.-roo. lI *.r*r G220103 96011 12/s/20rs t2/5/2016 EACH OCCURRENCE 5 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurence)s 100,000 MED EXP (Any one person)s 5.000 PERSONAL & ADV INJURY s 1,000,000 GEI\].1AGGREGATE LIMIT APPLIES PER: I 'o,,"" f_] 5f.o; f l .o" GENERAL AGGREGATE E 2,000,000 PRODUCTS - COMP/OP AGG s 1,000,000 Employee Benerits $ 1,000.000 B AU']IOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS flscnroureoIIAUTosE-l NoN-owNEDI ^ lnrrosn o7cr28422470 a2Al/20Ls 1,2/ 1/2076 V]tsINIIJ SINGLE LIIvIIT eccidenl)$ 1,000,000 x BODILY ll.UURY (Per person)$ BODILY INJURY (Per a@ident)$ PROPERTY DAMAGE Per accadent)$ Medi€l p $ 2, ooo A x UMBRELLA LIAB EXCESS LIAB X I occun I "*, r.-roo.c220!04020LL L2/s/2Or5 L2/5/20L6 EACH OCCURRENCE 4 .000 .000 AGGREGATE $ 4.000 .000 oeo I x lnpre*r,o*s 1o-ooo $ WORKERS COMPENSATION AND EMPLOYERS'LtABtLtTY Y/ NANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ] Mandatory in NH) lf yes, desdbe under DESCRIPTION OF OPERATIONS below N/A wsD503236000 7/ 7/20L6 7/r/2OL'l x rUTE ER E.L, EACH ACCIDENT $ 1.000,000 E,L, DISEASE - EA EMPLOYEI $ 1,000,000 E,L, DISEASE POLICY LII/IIT $ 1.000 -o00 DESCRIPTIONOFOPERATIONS/LOCAnONS/vEHICLES (ACORDl0l,AdditionalRemarksschedule,maybeaftachedifmorespaceisrequired) Re: Rosetta Canyoa Sports Park Phase-II Prolect CIP Project No. 240004 Bid Set ,,B1t' (Stee1 Fa-brication) City of Lake Elsinore, i-ts elected or appointed officers, offi.cials, arFloyees or agent,s are Adrtitional Insured Per General LiaJrility EndorsemenL cc2l 10 11 85. Prj-nary/Non-Contri-butory per GLEOOO70196 attached. waiver of subrogation on WC per WC990634 attached. ?faiver on eL per CG24040509. Addj-tional Insured & waiver on Auto Liability per CA71100307. Wrap Exc.l-usj-on endorsement per CG21540196. 30 day notice of cancel-lation wiJ-l be sent aceording to poJ-icy prowisions. TION City of Lake Elsinore 130 South Main Street Lake Elsinor, CA 92530 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXHRANON DATE THEREOF, NOTICE WLL BE DELIVERED IN ACCORDANCE WTH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Pat Reilty/LESLTF - 4>a'-z-- '{2'>b ACORD 2s (2014t0',t1 lNSO25 r:oraori @ 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER. G22O10]960I I COMMERCIAL GENERAL LIABILITY INSURED: SCWCONTRACTINGCORP. EFFECTIVE. l2ls/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - FORM B This endorsement modifies insurance coverages under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As Required by Written Contract signed by both parties"prior to loss. lf no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) WHO lS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only as respect to liability arising out of "your work" for that in- sured by or for you. CG 20 1 0 1 1 85 Copyright, lnsurance Services Qffice, lnc. '1984 lnsurcd: SCW Contrac{ing Corp Policy: czzoto:qoor r THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ]T CAREFULLY. CONDITION 4, OTHER INSURANCE, AMENDED . NON CONTRIBUTORY Paragraph 4.c. is deleH in its entircty and rcplaced by the following: c. lf all of the other insurance permits contribution by equal shares, we Mll follow this method unless the lnsured is required by contract to provide insurance that is primary and noncontributory, and the ,'insured contract" is executed prior to any loss. Where required by a contract, this insurance will be primary only when and to the e)(tent as required by that contract. However, under the contributory approach each lnsurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. lf any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Underthb megod, each insurcr,s shae b based on lhe ralio of ils applicable limit of lnsurance b Ule iffil appliEHe limits of imunance of all insurcrc. GLE 0007 01 96 POLTCY NUMBER G2201039601I 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 GENEML LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by $'ritten contract signed by both parties prior to loss lnformation if not shown above, will be shown in The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section lV - 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 @ lnsurance Services Office, lnc., 2008 Page 1 of 1 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVEMGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modifled by the endorsement. SCW Conhacting Corp. Policy No. 01C12882247 0 THIS ENDORSEMENT EXTENDED CANCELLATION CONDITION Paragraph 2.b. of the CANCELLATION Common Policy Condition is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. BROAD FORM NAMED INSURED SECTION II - LIABILITY COVERAGE - A.1. WHO IS AN INSURED provision is amended by the addition of the following: d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisi- tion or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. COMMERCIAL AUTO cA71 10 03 07 CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO PLUS ENDORSEMENT BLANKET ADDITIONAL INSURED SECTION II - LIABILITY COVERAGE - A.1. WHO IS AN INSURED provision is amended by the addition of the following:( e. Any person or organization for whom you are re- quired by an "insured contract" to provide insur- ance is an "insured", subject to the following additional provisions: 1) The "insured contract" must be in effect during the policy period shown in the Decla- rations, and must have been executed prior to the "bodily injury" or "property damage". 2) This person or organization is an "insured" only to the extent you are liable due to your ongoing operations for that insured, whether the work is performed by you or for you, and only to the extent you are held liable for an accident" occurring while a covered "auto" is being driven by you or one of your em- ployees. 3) There is no coverage provided to this person or organization for "bodily injury" to its em- ployees, nor for "property damage" to its property. 4) Coverage for this person or organization shall be limited to the extent of your negligence or gult according to the applicable principles of comparative negligence or fault. 5) The defense of any claim or "suit" must be tendered by this person or organization as soon as practicable to all other insurers which potentially provide insurance for such claim or "suit". lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. Copyright, lnsurance Services Office, lnc., 1997 aa 7{ ln n? 07 6) The coverage provided will not exceed the lesser of: a) The coverage andior limits ofthis policy, or b) The coverage and/or limits required by the "insured contract". 7) A person's or organization's status as an insured" under this subparagraph d ends when your operations for that "insured" are completed. BLANKET WAIVER OF SUBROGATION We waive the right of recovery we may have for pay- ments made for "bodily injury" or "property damage" on behalf of the persons or organizations added as insureds" under Section ll - LIABILITY COVERAGE. A.1.D. BROAD FORM NAMED INSURED and 4,1.e, BLANKET ADDITIONAL INSURED, HIRED AUTO PHYSICAL DAMAGE COVERAGE lf hired "autos" are covered "autos" for Liability cov- erage and if Comprehensive, Specified Causes of Loss or Collision coverc€es are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provitleci are extended to "autos" you hire or borrow. The rnost we will pay for loss to any hired "auto" is 50,000 or Actual Cash Value or Cost of Repair, whichever is srnallest, minus a deduclible. The de- ductible will be equal to the largest deductible appli- cable to any owned "auto" of the private passenger or light truck type for that coverage. Hired Arno Phy- sical Dannge coverclge is excess over any other col- lectible insurance. Subjeci to the above limit,deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. WORKERS COMPENSATION AND EMPLOYERS LIABTLITY INSURANCE POLICY WC 99 06 34 Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT. BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 3% of the total California Workers' Compensation premium othenruise due. Schedule Person or Orqanization ANY PERSON/ORG WHEN REQUIRED BY WRITTEN CONTRACT Job Description ALL CALIFORNIA OPERATIONS Policy Number: WSD 5032360 00 lnsured: SCW Contracting Corp Endorsement Effective: 01-0'1-16 Coverage Provided by: INSURANCE COMPANY OF THE WEST lssue Date: 0l-22-16 Countersigned by: wc 99 06 34 Ed.8-00) EXCLUSION - DESIGNATED OPERATIONS COVERED BY A coNsoLrDATED (WRAP-UP) TNSURANCE PROGRAM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description and Location of Operation(s): Any prior or ongoing operation(s) where you participated in a consolidated (wrap-up) insurance program If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement,) The following exclusion is added to paragraph 2., This exclusion applies whether or not the consoli- Exclusions of COVEMGE A - BODILY INJURY AND dated (wrap-up) insurance program: PROPERTY DAMAGE LIABILITY (Section I - (1) provides coverage identical to that providedbyCoverages): this( Coverage pirt; 2) Has limits adequate to cover all claims; or This insurance does not apply to "bodily injury" or )-: ^ _ property damage" arising ' out of either youi on- (3) Remains in effect' going operations or operations included within the products-completed operations hazard" at the lo- cation described in the Schedule of this endorse- ment, as a consolidated (wrap-up) insurance pro- gram has been provided by the Prime contractor/project manager or owner of the con- struction project in which you are involved. SCW Contracting Corp. Policl' C2201039601I COM MERCIAL GENERAL LIABILITY cG 21 54 01 96 24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 l: CoNSTRUCTION OR SEBVTCE CONTRAGT Unless waived or modified by the City Engineer, the following endorsement shall be attached to and made a part of all policies insuring the liability of any person, form or corporation performing services under contract for the City of Lake Elsinore. Notwithstanding any inconsistent expression in the policy io which this endorsement is attached, or in any other endorsement now or hereafter attached thereto, or made a part thereof, the protection afforded by said policy shall; 1. lnclude the City of Lake Elsinore as an additional insured. (To inctude the elected officials, appointed officials, and employees.) ! 2. lndemnifiT and save harmless the City of Lake Elsinore against any and all claims resulting from the undertaking specified in the contract known as: ROSETTA CANYON SPORTS PARK PHASE{I PROJECT ctP PROJECT NO.zl0004 BID SET "Bl" (Steel Fabrication) onchor Bolt Templates Guardrail Panel 2nd Floor Shop Drawings This hold harmless assumption on the part of the underwriters shall include all costs of investigation and defense, including claims based on damage to substructures not shown, not tocated on the plans, or shown inconeclly. Structural Steel Columns Hand Rails (Stairs) Elevator Pit Latter Stair Stringers 3. - -- Not-be can-Celled except by notice to the eity Attome/ of the City of t-at<e rbinore at ieist thirty (30) days prior to the date of cancellalion. 4. Provide single limit for Bodily lnjury Liabilfiy and Property Damage Liability combined, 1,000,000 each Occurrence, and $2,000,000 Aggregate. 5. Limited classifications, restricting endorsements,'exclusions or other special provisions contained in the poliry shall not act to limit the benefits of coverage as they shall apply to the City of Lake Elsinore as enumerated in this endorsement. However, nothing herein contained shall affect any rights of the insurer against lhe insured. 6. lt is further expressly agreed by and between the parties hereto that the following two provisions, (a) and (b), are a part of this contract: a) Tha( the Contractor specifically agrees to comply with applicable provisions of Sec{ion 1777.5 of the Labor Code relating to the employment by contractor or subcontractor under it, of joumeyman or apprentices, or workmen, in any apprenticeable craft or trade. tb) By my signature hereuncler, as contractor, I certity that I am aware of the\-/ fiouistn"Lf Section 3700 of the Labor Cocle which requires every emploler to be insured against liability for Workers' Compensalion or to undertake self insurance in accordance with tire provisions of that code, and I will comply with such provisions before comnrencing lhe performance of the work of this contract. The limits of liability as stated in this endorsemettt qpply 1o the insurance atforded by this endorsemerrt notwithstanding that the poticy rnay have Jower limits of liabitity applying elsewhere in the policy. Attached io and forming Part of Policy Na.G220103960ll of the Westchester Fire lns Co . Date:212512016 Expiration Date: tzl5l20t6