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AGMT - On Point Engineering Contractors (5th & Ocean Ave Curb Extension)
PROFESSIONAL SERVICES AGREEMENT For 5t" & Ocean Ave Curb Extension Between City of Seal Beach 211 8th Street Seal Beach, CA 90740 0 On Point Engineering Contractors 2730 E. Paladin Ave Anaheim, CA 92806 (714) 318-5410 This Professional Service Agreement ("the Agreement") is made as of October 31, 2019 (the "Effective Date"), by and between On Point Engineering Contractors ("Contractor"), a Contractor, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain professional services. B. Contractor represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Contractor shall provide those services ("Services") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue until work is completed unless previously terminated as provided by this Agreement. 3.0 Contractor's Compensation City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than $12,099.00. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit A. 2of10 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The Director of Public Works is the City's representative for purposes of this Agreement. 6.2. Scott Kasper is the Contractor's primary representative for purposes of this Agreement. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: 3 of 10 To City: City of Seal Beach 211 8th Street Seal Beach, California 90740 Attn: Director of Public Works To Contractor: On Point Engineering Contractors 2730 E. Paladin Ave Anaheim, CA 92806 Attn: Scott Kasper 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Contractor is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's personnel practices. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 4of10 10.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim/aggregate. 11.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, 5 of 10 employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnitees") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Contractor, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Contractor shall defend Indemnitees, at Contractor's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity 6of10 herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, the City, its directors, officials, officers, employees, agents or volunteers. All duties of Contractor under this Section shall survive termination of this Agreement. 13.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 16.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 7of10 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests; Conflict of Interest 20.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 20.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 20.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest' under applicable laws as described in this subsection. 21.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from 8of10 the losing party all of its attorneys' fees and other costs incurred in connection therewith. 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL LOM of Public Name: 'S co —i�j%. VZ Its: ? r��-5\CD`I-IjT- 9of10 EXHIBIT A Consultants Proposal 10 of 10 PROPOSAL FOR GONORETE BID SHEET Item Descri tion -Quantitv Units Unit Price Cost 1 Mobilization 1 LS 2 Traffic Control 1 LS c c` • .. 3 Excavation, installation c► c ; PCC Curb, and pavement 3 replacer -lent, per plan. 1 LS 4 Relocate sign 1 EA 1 `LIZ ae/e� �-Ci Z `��;� c 5 Install Pavementcc �7�� Markingand Reflectors 1 EA TOTAL BID PRICE (ITEMS NO. 1 THROUGH 5) WORDS FIGURES IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL NOTE: The City reserves the right to award a contract to the lowest responsible bidder in parts or in its entirety and reserves the right to reject all bids and re -advertise, as appears to be in the best interests of the City. A bid is required for this entire work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit prices shall govern over extended amounts, and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. The undersigned bidder agrees that, if awarded the Contract, bidder will complete all work according to the contract documents. The undersigned bidder is licensed in accordance with the requirements of the Business and Professions Code, California Contractor's License No.- C:3 1 S6Zs Class A (REQUIRED AT TIME OF AWARD). Legal Business Name of Bidder Q Business Address Z 73(!� C . rs��A��t�.. Business Tel. No. 71q -S1 � Page D-3 PROPOSAL Bidders Name CtiL' ��ott��'s' j a tr f e.t!~F�zir�(, CB 1,4 K, h-crvtz5 TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF SEAL BEACH: The undersigned, as bidder, declares that: (1) -this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein as sworn in the attached Non -Collusion Affidavit; (2) -bidder has carefully examined the project Plans, Specifications, Instructions To Bidders, Proposal, Notice Inviting Sealed Bids and all other contract documents and information furnished therefore and the site of the proposed work; and (3) -bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder, to enter into a contract with the City Council of the CITY OF SEAL BEACH, to perform said proposed work in accordance with the Plans, if any, and the terms of the Specifications, in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of said Specifications, for the following stated unit prices or lump sum price as submitted on the Bid Sheet herein. The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. This Safety Record must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each such partnership, joint venture, or corporate or individual bidder. The bidder may attach any additional information or explanation of data which he would like to be taken into consideration in evaluating the safety record. An explanation of the circumstances surrounding any and all fatalities must be attached. Ascctinpanying this proposal is (Circle one "cash", "a Cashier's Check", "a certified check", or Bidde� Bondi the form furnished by the City", as the case may be) in the amount of $ 1 �c4 .17C , an a e o at least ten percent (10%) of the total aggregate bid price based on the q antities shown and the unit prices quoted. The undersigned bidder agrees that should bidder be awarded the Contract on the basis hereof and thereafter fail or refuse to enter into a Contract and provide the required evidence of insurance and bonds within 15 calendar days after written notice of the award, the cash, check or bond shall be forfeited to the city in accordance with Public Contract Code section -20172, except as otherwise provided in Public Contract Code section -20174. The undersigned agrees that in the event of such failure, the actual amount of damages to the City would be impractical and extremely difficult to determine. In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a contract to furnish all labor, materials and supplies for this project in accordance with the Specifications, Plans other Contract Documents which are on file in the office of the City Engineer of the CITY OF SEAL BEACH, to the satisfaction and under the direction of the City Engineer, at the following prices: completed by the undersigned is fixed at 30 WORKING DAYS starting from the day after the issuance of the Notice to Proceed. Page D-5 17J31 jq Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partnersrjoint venturers or of fewer than all of the partners/joint venturers if submitted with evidence of authority to act on behalf of the partnershipfJoint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners, joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. Page D-4 Bid Bond No. TSO 1549 Document A310TM-2010 Conforms with The American Institute of Architects AIA Document 310 CONTRACTOR: {,ti'anr� lege! slrrJuc mrd adrin�j On Point Engineering Contractors 2730 E Paladin Ave. Anaheim, CA 92806 OWNER: (.Pence, legal sralns and addles) City of Seal Beach 211 8th St. Seal Beach, CA 90704 SURETY: ('ti'anw. legal stales mrd pHix* l place ujburirru�o) The Ohio Casualty Insurance Company 175 Berkeley St. Boston, MA 02116 BOND AMOUNT: s Ten Percent of Amount Bid (10% of Amount Bid) PROJECT: 5th and Ocean Curb Extension (4'anr, location or ad =- wd Project ►!timber, trany) This document has Important legal consequences. Consultation with an attorney Is encouraged with respect to its completion or modification. Any singular reference to Contractor. Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety aro bound to the Owner in the amount set forth above. for the payment of which the Contractor and Surety bind themselves. their heirs, exoeatom administrators, successors and assigns. jointly and severally, as providod herein. The conditions of this Bond arc such that if the Owner accepts the bid of the Contractor within the time specitted in the bid documents, or within such time period as may be agreed to by the Onncr and Contractor, and the Contractor either (1) eaters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Ownen for the faithful performance of such Contract and for the prompt payment of tabor and material furnished in the prosecution thereof, or (2) pays to die Ower the differetr^ not to exceed the amount of this Bond, between the amount specified in said bid and such laW amount for which the Owner may in good faith contract with another party to pnrfarm the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which Iha Owner may accept the bid. Waiver or notice by the Surely shall not apply to arty extension exceeding sixty (60) days in the aggregate beyond the time for ucceptance or bids specified in the bid documents, and the Owner and Contractor shall obtain the St rely'x consent for an extension beyond sixty (60) days. If this Bond is issuod in connection with a subcontractor's bid to a Contractor. the tent Contractor in this Bond shall be doomed to be Subcontractor and the toms Owner shall be dccmod to be Contractor. Men this Bond has been rumished to comply with a statutory or other lagai requirement in the location of the Project, any provisiaa in this Bond comtlicting with said statutory or legal requirement shall be deemed deleted herefrum and provisions conforming to melt stutukrry or other legal raµircmenl shall be deemed incorporated herein. When so rumished, the intent is that this nond shall be corwinW4 us u statutory band and nal. as a common law bond. Signed and scaled this 30th day of September, 2019 On Point Engineering Contractors awfxfpd) !Scot) L. By: (1'11lc) The Ohio Casualty Insurance Company Inas) Kerissa Ricciardi By: 7511-0 Andrew Waterbury, Attorney -in -Fact "06VAs 8110 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On September 30, 2019 before me, Kerissa Ricciardi, Notary Public (insert name and title of the officer) personally appeared Andrew Waterbury who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal.RISSA RiCCtARDI Y OMM. #2209110 p 0W�'�E owy Public • California O ZOrange CountyIComm. Expires JutV 30, 2021 Signature (Seal) 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: 8200724986376 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 duty 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'Companias7, pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Jeremy Pendergast, Kerissa Ricciardi, Andrew Waterburn all of the city of Santa Ana state of California each individually if there be more than one named, its true and lawful attomeyAn-fad to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its ad and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seats of the Companies have been affixed thereto this 14th day of March , 20I 9 Liberty Mutual Insurance Company {NSta YY INS(, 1148II The Ohio Casualty Insurance Company � O14 �yc� e�J os'� 4r�Rty� ft'- West American Insurance' Company >s1912 0 c 1919 s 1991 0 �l '! Zy ,tree $ is c is Narv6` D f8 AMP' as David M_ Carev. Assistant Serratarv, State of PENNSYLVANIA County of MONTGOMERY 4) On this 14th day of March 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 1 O 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. 5 W to IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at ting of Prussia, Pennsylvania, on the day and year first above written. PA j 0 n j (o'Por+wsrF1 �Q OSM i y OF CONNONWEALTHOFPENNSYLVANIA By: NotarW Seal Teresa ,Tisane, Nowt Public Upper Marion TwparCoin' .fir • � Vr�e m+i My Canbn Expires wes MMarchch 28.2021 ere58 PastaNa, Notary Public ►wrdw, PerA canis A.eoasHon or tracts is tR1 P1�� v 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: qi ARTICLE N - OFFICERS: Section 12. Power of Attomey. 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-fad as may be necessary to ad in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety c any and all undertakings, bonds, reeognizances and other surety obligations. Such attorneys -in -fad subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fad, as may be necessary to ad 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 -fad 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 'd 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 attomeysin- fact as may be necessary to ad on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, reoognizahces and other surety obligations. Authorization - By unanimous consent of the Companys 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 cert4 that the original power of axomey of which the foregoin, is a full, true and correct copy of the Paver 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 afted the seals of said Cornpan" chis 30th day of September , 2019 . {NSU �ytY iNeV �,�:cNSU j 3°o„r•°'4f��1,�cin �y3 cpOj4A'o�� ¢'3j' P�'°o��+ke w 1912° c 1919 old °�aMua`- a Os 'Nwrr a fB �NOI�Mt aa� By. Renee C. Llewellyn,Assistant ej) • �� �S'1 r *� �M t �� Secretary LMS -12873 LMIC OCIC WAIC Mulb Co 062018 0 M C E Co D 0 ci c m m N ao N ch ao 0 PROJECT TITLE Project No. DOCUMENT 00 4519 NON -COLLUSION AFFIDAVIT Public Contract Code §7106 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA } )ss. COUNTY OF � rpt Lf ) i')4KA SF 1Z , being first duly sworn, (Name of Principal of Bidder) deposes and says that he or she is r,'= r" -T- C (Office of Affiant) of rYote:rn'�1��Iti►6 C�titr�tF�rc� ,the party (Name of Bidder) making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding, and that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the Bid price of Bidder or any other bidder, or to fix any overhead, profit or cost element of the Bid price, or of that of any other bidder, or to secure any advantage against the City of San Bruno, or anyone interested in the proposed contract; that all statements contained in the Bid are true; and further, that Bidder has not, directly or indirectly, submitted its Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. 004519-1 Non -Collusion Affidavit PROJECT TITLE Project No. Executed under penalty of perjury under the laws of the State of California: r t- �.v �s;s:7 (Name of Bidder) (Siffnat re of Principal) Subscribed and sworn before me 1/ ee "�r k _L This day of 20J �2'_ a� ('v" Notary Public of the State of �� �?k'-t%g" �r �, �i` 22239 )8 In and for the County of �/p� /'1,�� 1Ex;). GE SAT `, arg r Ftv m c R D ,g My Commission expires % Z�l /�74�'� (Seal) NOTE: If Bidder is a partnership or a joint venture, this affidavit must be signed and sworn to by every member of the partnership or venture. NOTE: If Bidder [including any partner or venturer of a partnership or joint venture] is a corporation, this affidavit must be signed by the Chairman, President, or Vice President and by the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer. NOTE: If Bidder's affidavit on this form is made outside the State of California, the official position of the person taking such affidavit shall be certified according to law. -END OF DOCUMENT - Non -Collusion Affidavit 004519-2 September 30, 2019 ATTN: Dave Fait City of Seal Beach 211 8"' St. Seal Beach, CA, 90740 RE: Contractor's Industrial Safety Record Dear Mr. Fait, In reference to the 5th and Ocean Curb Extension, Seal Beach, CA 90740 Project, this letter is being provided as a means of clarification for the requested "Contractor's Industrial Safety Record" as required per paragraph 2 on sheet D-5 enclosed herein. I, Scott Kasper, President and CEO of On Point Engineering Contractors, hereby certify that a safety record for our company does not currently exist. Our company is in the beginning stages of pursuing public works contracts, and thus a safety record is not currently applicable. I have provided company information below for reference as needed in determination of compliance of the Bid Sheet instructions. • CSLB Class "A" License # 1031825 • DIR registration # 1000368772 • California Department of General Services, SBE # 2015535 Please feel free to contact me directly with questions, clarifications or concerns regarding this matter. Sincerely, Scott Kasper President/CEO On Point Engineering Contractors 714-318-5410 Opec.inc@gmail.com A� o® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02/21/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marshall R. Valentine NAME: PHONE 888-4984495 AX No): 888-505-1588 HVH Insurance Services, Inc. E-MAIL ADDRESS: marshall@hvhins.com 4804 Laurel Canyon Blvd #229 Y INSURER(S) AFFORDING COVERAGE NAIC N INSURER A : Associated Industries Insurance Company, Inc. 23140 Valley Village CA 91607 INSURED INSURER B : INSURER C: On Point Engineering Contractors, Inc., DBA: On Point Engineering Contractors INSURER 0: 2730 E PALADIN AVE INSURER E: INSURER F : Anaheim CA 92806 COVFRAnFS CERTIFICATE NUMRER! REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MOUCY EFF M/D rD/YYYY MOLT YEXP D/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ' 1,000,000 CLAIMS -MADE � OCCUR DAMAI PREMISES EaEoccu encs $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL BADV INJURY $ 1,000,000 A XN116005100 01/22/2019 01/22/2020 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 x POLICY r_1 JE7 LOC PRODUCTS - COM P/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per acddent HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA UAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED 1 1 RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N SPTER ETH ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? F—] N / A (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) remodels residential and small percentage commercial work. concrete work primarily - repair sidewalks and redoing driveways CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD !`Ilnn+41- 07R nNPnIN ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNWY) 1 10/11/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Turner Surety 8r Insurance Brokerage NAME: CONTACT Tina Jacquez PHONE 714-292-6757 FAX 657-261-7064 AIC No Ext): A/C, No 6 Hutton Center Dr E-MAIL ADDRESS: ac tI q uez tsibinc.com INSURER(S) AFFORDING COVERAGE NAIC ff .Suite 1020 Santa Ana, CA 92707National Liability d Fire Insurance Co. 20052 INSURER A : b INSURED On Point Engineering Contractors, Inc. 2730 E Paladin Ave Anaheim, CA 92806 INSURER B: INSURER C INSURER D INSURER E INSURER F: (`nVFRArFC CFRTIFICATF NUMBER! REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE IANOSRL y VD POLICY NUMBER MMIDDY EFF POLICY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR Agency Does Not Write EACH OCCURRENCE $ PREMISES EaErrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- PRO- LOC OTHER: GENERAL AGGREGATEJEC$ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITYAgency ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS Does Not Write (Ea BINEerDitSINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ tPer accident UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE Agency Does Not Write EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? � (Mandatory in NH) . If yes, describe under DESCRIPTION OF OPERATIONS belay N / A A9WC064569 9/30/2019 09/30/202 X PER OTH- E.L. EACH ACCIDENT $110001000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) r_FRTIFICATF Mnl nFR CANCFI I. ATInN For Informational Purposes Only p y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 Of 1 The ACORD name and logo are registered marks of ACORD #S166754/M164760 TJ Client#: 976 ACORD. CERTIFICATE OF LIABILITY INSURANCEDATE(MWDD/YYYY) INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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, 11/13/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ONTACT NAME: Nick Langer Turner Surety & Insurance BrokeragePHONE FAX Et):66I-645-4974 A/C No : 657-9005312 6 Hutton Center DrNo, ADDRESS: nianger@tsibinc.com Suite 1020 01/221202C Santa Ana, CA 92707 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: National Liability & Fire Insurance Co. 20052 INSURED INSURER B : AmTrast North America 15954 On Point Engineering Contractors, Inc. 2730 E Paladin Ave INSURER C: Anaheim, CA 92806 INSURER D: INSURER E: INSURER F: GUVlzKAGt5 CERTIFICATE Nf1MRFR- DPVlcintu NI IIURFIa- 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR UBR WVD POLICY NUMBER POLICY EFF IP&C POLICY EXP MM/DD LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR 1K X X XN116005100 1/22/2019 01/221202C EACH $ 1,000,000 PREMISES EaErtence $100,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY � CT E LOC GENERAL AGGREGATE s2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: B AUTOMOBILE LIABILITY X X XN116005100 1 /22/2019 01 /22/202 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ ANY AUTO X ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident ) $ PROPERTY DAMAGE $ Per accident BUMBRELLA LIAR X JOCCUR UMB116005100 01/22/2019 01/22/202 EACH OCCURRENCE $ 1,000,000 )( EXCESS LIAR CLAIMS -MADE AGGREGATE $ 1,000 000 DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICERWEMBER EXCLUDED? � N / A A9WC064569 9/30/2019 09/30/202 X PER OTH- E.L. EACH ACCIDENT $ 1 000 000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 Mandatory in N if yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor per attached endorsement NX GL 189 0511. Primary wording and waiver of subrogation apply. General Liability is primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers and any insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it. 30 Day notice of cancellation applies. City of Seal Beach 211 8th Street Seal Beach, CA 90740 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD POLICY NUMBER: XN116005100 COMMERCIAL GENERAL LIABILITY NX GL 189 0511 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSUREDS - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number: XN 116005100 Endorsement Effective: 01 /22/19 12:01 a.m. Named Insured: Counter Signed By- yW CNPOINT ENGINEERING CONTRACTORS INC SCHEDULE Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or Agreement to provide insurance such as is afforded by this policy. Location: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A Section I - Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. El With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2 Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished n connection with such work, on the project (other than services, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed: or (2) 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 a principal as a part of the same project. C. The words 'you" and 'your" refer to the Named Insured shown n the Declarations. NX GL 189 0511 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LUBIUTY NXGL100511 THIS ENDORSEMFJWT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. D. The fallbrAng we added to SECTION V- DERNITIONS: 'YYar work' moors work or opevatiOM porkmned by you or on your bohWF.. and maWafe, parls ar agtlipmerft hm im ed in a mrocftn wRh wch work or ORaWans. E. The following additional prnvMMS apply to my anOty MM Is an inKf ed by Do terms of ltde endorsement pilimmNams Il m to ltre Thhd Forfar shmm obwA% thls fnKaanoe Is prt mry and non-aanlrbufp. Any and all add wid and ooN*a6ie Imrwcs ■tialrbk to such Thkrd P" h nm*sct of work PM h,r ad by You underrr tm ammaer.ral egm msnte %ft said Third P" for km cowered by vu poiq. Ami in no indarke be oordide(ed ore primary, B4inusirm Of a miWbuirq inelrerm. Rulbor, any such other h auris shay be corfsidwed wr ower and above the bmrorwo pmvldod by this polo, 2. If required by wrrfien =ntna d or asraartfarrt Vit %Ova arty right of rooawefy we may have agairme w off# that is an addibonel insunfd per 00 temw of Ihis endometmt becum of payments we make for injury or demage mUirtg art of'ym work' done under a aantrrsra % tH that person nr tSrlia bawn. NX GL100d11 pIW20F2 IndudIm ODMYQhied material of Irourance Services Of e, Irro., wilh 6 parrrdesion