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HomeMy WebLinkAboutAGMT - G2 Construction Inc (2022 Environmental Cleanup Program Project CIP No SD2201)RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1111! 1111111111111111111111111111111111111111111111111111111111111 NO FEE *$ R 0 0 1 4 4 8 7 0 5 5$* 20230001867681:57 pm 08/02/23 486 401A N12 3 0.00 0.00 0.00 0.00 6.00 0.00 0.000.000.00 0.00 IN Space of above this line for Recorder's use. i *** No Recording Fee Pursuant to Government Code Sections 6103 and 27383 NOTICE OF COMPLETION Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion. '- -Notice is hereby given that: - --- --- - - 1. The undersigned is the owner the interest or estate stated below in the property hereinafter described, and the City of Seal Beach was the contracting party with the general contractor for the performance of the work of improvement. 2. The full name of the owner is: Golden Rain Foundation. 3. The address of the owner is: 13533 Seal Beach Boulevard, Seal Beach, CA 90740 4. The nature of the interest or estate of the owner is: In Fee. 5. The full name(s) and address(es)-of all persons, if any, who hold such interest or estate with the undersigned as joint tenants or tenants in common are: Name: NONE Address: NONE 6. The full name(s) and address(es) of the successors in interest of the undersigned if the property was transferred subsequent to the commencement of the work or improvement herein referred to: Name: NONE Address: NONE 7. A work of improvement on the property hereinafter is described as substantially completed on June 20, 2023. The work was 2022 Environmental Cleanup Program Proiect, CIP SD2201, pursuant to Cooperative Agreement. between the City of Seal Beach and Golden. Rain Foundation, dated February 27, 2023. --8.--The name of the -original contractor(s),-if any, -for such improvement was: G2 Construction, Inc. 9. The date of the Contract Award was March 13, 2023. 10. The property on which said work of improvement was completed is in the City of Seal Beach, County of Orange, State of California, and is described as follows: Leisure World, Seal Beach, CA. The street address of said property is: • Alderwood Lane • Annandale Drive • Burning Tree Lane • Canoe Brook Drive • Cedar Crest • Del Monte Drive • EI Dorado Drive • Fairfield Lane • Foxberg Road • Glenview Road • Golden Rain Road • Homewood Road • Interlachen Road AUG 16 2023 MY CLERK CITY OF SEAQ. BEACH ri iI J • Kenwood Road • Knollwood • Mayfield Road/Circle • McKinney • Monterey Road • Nassau Drive • North Gate Road • Northwood Road • Oakmont Road • Pelham • Scioto Road • Seaview Lane • Shawnee Lane _--•---Southport-- --- - — • St. Andrews Drive • St. John Road • Sunningdale • Tam O'Shanter - -- • Thunderbird -Drive-— • Twin Hills Drive Date: Izq X2013 CITY OF SEAL BEACH, a California charter city Iris Lee, Director Public Works Date: I O 1 Z3 GOLDEN RAIN FOUNDATION, a California non-profit I mutual benefit corporation By: l��S J�� Marsha Gerber, President VERIFICATION I, the undersigned, say: the Iris Lee (Director of Public Works) declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. r�, Executed on Jw 1 Z Y , 2023, at Seal Beach, California. (Date of Signature) ee, Director of Public Works, City of Seal Beach VERIFICATION I, the undersigned, say: the Marsha Gerber (President) declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof, the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. boh-3 Executed on � , 2023, at Seal Beach, California. (Date of Signature) V 9Xz. A Marsha Gerber, President, Golden Rain Foundation PUBLIC WORKS AGREEMENT 2022 ENVIRONMENTAL CLEANUP PROGRAM PROJECT PROJECT CIP NO. SD2201 between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 G2 Construction, Inc. 1352 E. Borchard Avenue Santa Ana, CA 92705 (714) 748-4242 THIS CONTRACT ("Contract") is made as of March 13, 2023, by and between the City of Seal Beach, a California charter city ("City"), and G2 Construction, Inc., a California corporation ("Contractor") (collectively, "the parties" and individually, a "party"). RECITALS A. WHEREAS, the City Council of the City of Seal Beach ("City") approved the plans and specifications for the 2022 Environmental Cleanup Program Project ("Project") with respect to design criteria; and B. WHEREAS, the City Charter and City of Seal Beach Municipal Code Section 3.20.025(D) provide for an exemption from public bidding requirements for purchases made in cooperation with the state, the county or another government entity for the purpose of obtaining a lower price upon the same terms, conditions and specifications; and C. City solicited a cost proposal for the Project utilizing the County of Orange Master Agreement Contract MA -080-20011478, as permitted by the Orange County Transportation Authority and Seal Beach Municipal Code Section 3.20.025(D); and in response Contractor submitted a Bid to City for the Project dated February 16, 2023 in the amount of $412,500 ("Bid" hereinafter); and D. WHEREAS, Contractor is a California licensed "A" Contractor (State Contractor's license number (License #801253), DIR #1000390241; and E. WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code, City desires to engage Contractor to carry out the Project in the manner set forth herein and more fully described in Section 1.0. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: CONTRACT 1. Contractor's Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work ("Work") for the Project identified as 2022 Environmental Cleanup Program Project ("Project") as described in this Contract and in the Contract Documents listed in Subsection 1.2. 1.2 Contract Documents. The Contract Documents consist of this Contract and all the following: Accepted Bid Proposal and Bid Sheets, Notification of Award, Noncollusion Declaration, Designation of Subcontractors, Contractor's Industrial 2 Safety Record, Contractor's Technical Ability and Experience References, Resumes, Bidder Questionnaire, Bid Bond, Faithful Performance Bond, Payment Bond (Labor and Materials), permits from regulatory agencies with jurisdiction, Special Provisions, Specifications, General Provisions, Plans, Standard Plans, Reference Documents, and any other documents referenced therein, all Addenda setting forth any modifications or interpretations of any of said documents, Change Orders, and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner; and all Exhibits attached to this Contract. The Exhibits attached to this Contract include the Performance Bond (Exhibit A), Payment Bond (Labor and Materials) (Exhibit B), Workers' Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Acknowledgment of Labor Law Requirements (Exhibit F), Standard Specifications and Reference Documents (Exhibit G), Non -Collusion Declaration (Exhibit H), Contractor's Industrial Safety Record (Exhibit 1), Declaration of Subcontractors (Exhibit J), and Accepted Bid Proposal (Exhibit K). All Contract Documents are hereby incorporated into this Contract. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 1.4 In the event of any material discrepancy between the express provisions of this Contract and the provisions of the other Contract Documents, the provisions of this Contract shall prevail. 2. Effective Date/Term. This Contract is effective as of March 13, 2023 (the "Effective Date"), and shall remain in full force and effect until Contractor has rendered the services required by this Contract and a Notice of Completion has been filed with the Orange County Recorder, unless sooner terminated or extended pursuant to this Contract. 2.1. Contract Time; Delay. Contractor shall commence the Work upon being given a written notice to proceed, and shall complete the Work within 70 working days of City's issuance of the notice to proceed ("Contract Time"), unless Contractor notifies City of any force majeure event that will cause a delay in completion of the Work pursuant to the Contract Time. As used herein, "force majeure" has the meaning set forth in Section 23 of this Contract. 3. Contractor's Compensation. 3.1 Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in accordance with the Bid Proposal as full compensation therefor, but in no event will City pay more than the total not -to -exceed amount of $412,500 (Four Hundred Twelve Thousand Five Hundred 3 dollars and 00/100), subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall' make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. Contractor shall submit detailed, monthly invoices for work actually performed. Pursuant to Public Contract Code Section 9203, the City will retain five percent (5%) of each invoice amount until Project acceptance. 3.2 Additional Work. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 4. Contractor's Personnel. 4.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by the Seal Beach Municipal Code and other state and local laws and by the Contract Documents to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. At all times during the term of this Contract, Contractor shall possess a valid and current Class "A" California Contractor's License. to perform the Work. Contractor hereby certifies that it holds the required license(s), State Contractor's License #801253 and DIR #1000390241. 4.2 Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Contract. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any 4 manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract 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 4. 5. Indemnification. 5.1 Indemnity for Design Professional Services. If the Work hereunder includes the performance of design professional services by a "design professional" (as defined in Civil Code Section 2782.8(c)), then to the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 5), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens, and losses of any nature whatsoever, including but not limited to fees of attorneys, accountants and other professionals and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense (collectively "Claims"), in law or in equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Contractor, its officers, directors, agents, servants, employees, subcontractors, contractors or their officers, directors, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of design professional services under this Contract. Notwithstanding the foregoing and as required by Civil Code Section 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Contractor exceed Contractor's proportionate percentage of fault. 5.2 Other Indemnities. Other than in the performance of design professional services and to the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, indemnify, and hold City and other Indemnitees (as defined in Section 5.1) ""from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, liabilities and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals and all costs associated therewith and the payment of all consequential damages (collectively, "Liabilities"), in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, the acts or omissions of Contractor, its officers, agents, attorneys, servants, employees, Subcontractors, materialmen, contractors, or their officers, agents, servants or employees (or any entity or individual for whom Contractor bears legal liability) in the performance of the Contract, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful 5 misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5 of the Specifications. 5.3 Taxes and Workers' Compensation. Contractor shall pay all required taxes on amounts paid to Contractor under the Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by the Contract. Contractor shall fully comply with the Workers' Compensation law regarding Contractor and Contractor's employees. Contractor shall indemnify and hold the City harmless from any failure of Contractor to comply with applicable Workers' Compensation laws. City may offset against the amount of any fees due to Contractor under the Contract any amount due to City from Contractor as a result of Contractor's failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5.3. 5.4 Bid Protests. In addition to all other obligations set forth in this Section 5, Contractor shall reimburse City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any Bid protest. 5.5 Civil Code Exception. Nothing in this Section 5 shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or City's active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 5.6 Workers' Compensation Acts not Limiting. Contractor's indemnifications and obligations under this Section 5, or any other provision of the Contract, shall not be limited by the provisions of any Workers' Compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers. 5.7 Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 5 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City. 0 5.8 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract. 5.9 Subcontractor Indemnity Agreements. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of the Contract. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom Contractor's Subcontractor bears legal liability) in the performance of the Contract, including the Indemnitees' active or passive negligence, except for Claims or Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the Parties. 5.10 Survival. The provisions of this Section 5 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 6. Insurance. 6.1 Liability Insurance. Contractor shall at all times during the term of this Contract carry, maintain and keep in full force and effect the insurance referenced in this Section 6. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D-1: Additional Insured Endorsement - Commercial General Liability. Automobile Liability. Liability. 6.1.2 Exhibit D-2: Additional Insured Endorsement - 6.1.3 Exhibit D-3: Additional Insured Endorsement — Excess 7 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B). 6.2.4 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.2.5 Professional Liability insurance. Unless City waives in the requirement for professional liability insurance, Contractor shall provide to City the standard form issued by the carrier. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Contract or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and properly damage. 6.3.3 Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and Workers' Compensation Insurance in the amount required by law. 6.4 Additional Insureds. City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to Contractor or City. 6.5 Replacement Insurance. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by the Contract during the term of the Contract. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. This shall be in 8 addition to all other legal options available to City to enforce the insurance requirements. 6.6 Certificates of Insurance with Original Endorsements. Contractor shall submit to City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements must be executed on City's forms titled "Additional Insured Endorsement," copies of which are attached as exhibits to this Contract, or on any other form that contains substantially the same terms and is approved by City's Risk Manager. The endorsements must specifically name the City of Seal Beach and its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials as insureds or additional insureds. Current insurance certificates and endorsements shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies at any time. 6.7 Deductibles and Self -Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance. 6.8 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.8.1 For any claims related to this Contract, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, volunteers and those City agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, volunteers or those City agents serving as independent contractors in the role of City officials shall be excess of Contractor's insurance and shall not contribute with it. 6.8.2 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.8.3 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 calendar days prior written notice by first class mail has been given to City. 6.8.4 Each insurance policy required by this Section 6 shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City or agency officials. By executing this Contract, Contractor waives all rights of subrogation against City and its elected and N appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. 6.9 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's Risk Manager. 6.10 No Limitation on Indemnity. The insurance provisions shall not be construed to limit Contractor's indemnity obligations contained in this Contract or any other Contract Documents. 6.11 Insurance Requirements not Limiting. If Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 6, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. 6.12 Subcontractors. Contractor shall require each of its Subcontractors that perform services under the Contract to maintain insurance coverage that meets all of the requirements of the Contract including this Section 6. 7. Payment and Performance Bonds; Warranty. 7.1 Unless otherwise expressly provided in the bid documents, prior to commencing work, Contractor shall provide a performance bond and payment bond, each in an amount equal to 100% of the Contract price. The bond forms required to be executed are attached hereto and incorporated by reference herein as Exhibits A and B, respectively. The performance bond shall remain in force until the date of recordation of the Notice of Completion or written acceptance of the Work and the end of the one (1) year warranty period. 7.2 As required by the Standard Specifications, the Work shall be warranted by Contractor against defective materials and workmanship for a period of one (1) year. For the purposes of the calculation of the start of the warranty period, the Work shall be deemed to be completed upon the date of recordation of the Notice of Completion or written acceptance of the Work by City. Should any of the materials installed or Work performed prove defective or should the any portion of the Project prove defective, due to faulty workmanship, material furnished or methods of installation, or should said item or any part thereof fail to operate properly due to any of the above causes during the warranty period, Contractor shall make all required repairs and/or replacements within thirty (30) days after written notice by City. In the event repairs are not made within thirty (30) days, then as an alternative to utilizing the required performance bond, City may elect to perform all necessary corrective work, repairs and/or replacements, at Contractor's expense. In such event, Contractor shall reimburse City for its expenses incurred in correcting the defective Work. Additionally, 10 Contractor agrees to defend, indemnify and hold City and the other Indemnitees (as defined in Section 5) harmless from claims of any kind arising from damage, injury or death due to such defects. 8. Substitute Security. In accordance with California Public Contract Code Section 22300, City will permit the substitution of securities for any monies withheld by City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, and thereafter City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For.purposes of this Section 8 and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section 8 shall be in the form provided by City. 9. Liquidated Damages. Contractor agrees that if such Work is not completed within the Contract Time and/or pursuant to any completion schedule or Project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that City will suffer damage. Should Contractor fail to complete the Project within such Contract Time, or other City - approved completion schedule or Project milestones, , the Contractor shall reimburse City for the additional expense and damage for each calendar day that the Contract remains uncompleted after such deadline. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $500.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to City resulting from the failure of Contractor to complete the Project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. City shall have the right to deduct such damages from any amount due, or that may become due to Contractor, or the amount of such damages shall be due and collectible from Contractor or Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 9. Suspension. City may, in writing, order Contractor to suspend all or any part of Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Contract. 10. Notices. Any notices, bills, invoices, or reports authorized or required by this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's 11 regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211 -8th Street Seal Beach, California 90740 Telephone: (562) 431-2527 Fax: (562) 493-9857 With a copy to: Public Works Director City of Seal Beach 211 -8th Street Seal Beach, California 90740 If to Contractor: G2 Construction, Inc. 1352 E. Borchard Avenue Santa Ana, CA 92705 Telephone: (714) 748-4242 Attn: John R. Alvarado 11. Non -Assignability: Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 12. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 13. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 14. Attorneys' Fees. In the event that either party to this Contract shall commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys' fees. 15. Construction. The validity, interpretation, and performance of this 12 Contract shall be controlled by and construed under the laws of the State of California, with venue in Orange County, California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Contract shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract or who drafted that portion of the Contract. 16. Workers' Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, Contractor certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which 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 I will comply with such provisions before commencing the performance of the Work of this Contract." 17. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply, and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including but not limited to those set forth in Exhibits E and F, attached hereto. 18. Third Party Claims. Pursuant to Public Contract Code Section 9201, City has full authority to compromise or otherwise settle any claim relating to this Contract at any time. City shall timely notify Contractor of the receipt of any third -party claim relating to the Contract. City shall be entitled to recover its reasonable costs incurred in providing the notification required by Public Contract Code Section 9201(b). 19. Claim Dispute Resolution. 19.1 In the event of any dispute or controversy with City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be characterized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. 19.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government 13 Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein. 20. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties. 21. Non -Collusion. Contractor hereby certifies that this bid is genuine and not a sham or collusive, or made in the interest or on behalf of any person or business not herein named. Contractor further certifies that Contractor has not directly or indirectly induced or solicited any other bidder to furnish a sham bid, or any other person or business to refrain from bidding, and Contractor has not in any manner sought by collusion to secure itself an advantage over any other bidder. Contractor also affirms that it has signed and submitted with its bid to City a Non -collusion Declaration as required by Public Contract Code Section 7106, attached hereto as Exhibit H and incorporated herein by this reference. 22. Non -Appropriation of Funds. Payments to be made to Contractor by City for Work performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Contractor's Services beyond the current fiscal year, this Contract shall cover payment for Contractor's Work only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 23. Force Majeure. Neither party shall be responsible for delays in performance caused by unforeseeable events beyond the control and without the fault or negligence of the parties, including but not limited to acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, and/or freight embargoes. Contractor's lack of funding for any reason shall not be a force majeure. If Contractor claims force majeure, City shall ascertain the facts and extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of City such delay is justified. In no event shall Contractor be entitled to recover damages against City for any delay in performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 24. Prohibited Interests: Conflict of Interest 24.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work under this Contract. 14 Contractor further covenants that, in performance of this Contract, 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 Work. Contractor shall not accept any employment or representation during the term of this Contract which is or may likely make Contractor "financially interested" (as provided in California Government Code Sections1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 24.2. 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 Contract. 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 Contract. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Contract 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. 24.3. 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 Contract, 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. 25. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Contract supersedes all prior oral or written negotiations, representations, or agreements. This Contract may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Contract. 26. Severability. The invalidity in whole or in part of any provisions of this Contract shall not void or affect the validity of the other provisions of this Contract. 27. Titles and Headings. The titles and headings used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it. 28. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 29. Counterparts. This Contract may be executed in counterpart originals, 15 duplicate originals, or both, each of which is deemed to be an original for all purposes. T IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Contract as of the date first written above. CITY OF SEAL BEACH Nicholas Ghirelii, City Attorney CONTRACTOR: G2 Construction, Inc., a California corporation By: Joh ZRA(Ivarado Chief Executive Officer j� Lydia Gonzales Alarado Secretary (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313. 17 EXHIBIT A FAITHFUL PERFORMANCE BOND Bond No. SU 1191254-0000 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach ("City"), has awarded to G2 Construction Inc. 1352 East Borchard Ave Santa Ana CA 92705 ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: 2022 ENVIRONMENTAL CLEANUP PROGRAM PROJECT CIP SD2201 (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and Arch Insurance Company 3 Parkway Suite 1500 Philadelphia PA 19102 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Four Hundred Twelve Thousand Five Hundred Dollars and 00/100 Dollars ($ 412.500.00 ), this amount being not less than the total Contract Price, in lawful money of the United. States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal's part, to. be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: 03/15/2023 "Principal" G2 Construction, Inc. 1352 East Borchard A Santa Ana CA 92705 B, ' ` Its "Surety" Arch Insurance Company 3 Parkwav Suite 1500 Philadolphia, PA 19102 By: ksel Firat I Attorney -In -Fact By: A0-(LJW,-�0k> By: Its ION CO� � O oZ INCORPORATED MARCfMffip06 Its 4��',l 4 = <,> V "a (Seal) kk gLIFORN` Note: This Bond must a executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. EXHIBIT B PAYMENT BOND (LABOR AND MATERIALS) Bond No. SU 1191254-000OG PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach ("City"), State of California, has awarded to G2 Construction, Inc. 1352 East Borchard Ave Santa Ana, CA 92705 ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: 2022 ENVIRONMENTAL CLEANUP PROGRAM PROJECT, CIP SD2201 (Project name) WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the 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 Arch Insurance Company 3 Parkway Suite 1500 Philadelphia, PA 19102 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Four Hundred Twelve Thousand Five Hundred Dollars and 00/100 Dollars ($ 412,500.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if 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 Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: 03/15/2023 "Principal" G2 Construction, Inc. 1352 East Borchard Ar Santa Ana CA 92705 By.CZ /0/l XZd9!'7- Wits 4 By: �CU-JCAe S,cr,.-Aari Its CTION C\ Z 0 INCORPORATED v{ r 2006 2 �l��, FO "Surety" Arch Insurance Company 3 Parkwav Suite 150:9-4Pb adel hia PA 19102 By: ksel Firat Its Attorney -In -Fact By: By: Its �1�ti1116Af1T�„ �atil�aKr %,AV (Seal) 'tirfI Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, .and evidence of the authority of any person signing as attomey-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized. to transact business lin the State where the project is located. 41191 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. Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: Aaron M. West, Aksel Firat, Jennifer Halland and Tara Meredith of Scottsdale, AZ (EACH) its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this•power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding One Hundred Fifty Million Dollars (S 150,000,000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance .of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on August 31, 2022, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to, authorize them subject. to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on August 31, 2022: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on August 31, 2022, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 9" day of March, 2023. Attested and Certified (f�, �J 1fRi'lii� 19'91 Regan . Shulman, Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS M�ssid Arch Insurance Company Oke4t,� Stephen C. Ruschak, Executive Vice President I, Michele Tripodi, a Notary.Public, do hereby certify that Regan A. Shulman and Stephen C. Ruschak personally known -to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary cts,for the uses and purposes therein set forth. /� f Chad F�atiQiatsnla • I�tiyS�t .rJC:C � rr `� FWAMObAVC e�SJ*3t,2� Mich le podi,Not blic CERTIFICATION t we" t18= My commission expires 07/31/2025 I, Regan A. Shulman, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 9, 2023 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Stephen C. Ruschak, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. 15TH MARCH IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal, of the Arch Insurance Company on this _day of , 2023 Re A. Shulman, Secretary Y g specifically Y o{1t��gr�attllelCf9)�pany This Power of Attorney limits the acts of those named thereinto the bonds and undertakings s ecificail named therein and the have no auth except in the manner and to the extent herein stated. �►' .. '- PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance — Surety Division + `S 3 Parkway, Suite 1500 �4 Philadelphia, PA 19102 `� r Tim:A.So �. � A To verify the authenticity of this Power of Attorney, please contact Arch Insurance Company at SuretyAuthentic@arcFiiniuranae.kbtmn Please refer to the above named Attorney -in -Fact and the details of the bond to which the power is attached. AICPOA040120 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Arizona County of MARICOPA Ori 3 a-3 V 23 before me, Tara LaFave, Director of Operations Insert name and title of officer here personally appeared Aksel Firat, Attorney -In -Fact 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 signatures(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. e TARA IAFAVE NOTARY PUBLIC -ARIZONA MARIUNTY WITNESS my hand and official seal. COMMISSIOOPA N # 5720 COMMISSION # 572048 MY COMMISSION EXPIRES SEPTEMBER 30.2023 t (Notary Seal) Si afore o ry PubIic INFORMATION BELOW IS RECOMMENDED BUT NOT REQUIRED TITLE/DESCRIPTION OF THE ATTACHED DOCUMENT DOCUMENT DATE NUMBER OF PAGES Additional Information CAPACITY CLAIMED BY SIGNER ❑ Individual(s). ❑Partner(s) ElAttorney-in-Fact ❑ Trustee(s) ❑ Corporate Officer ❑ Other 20o8 CA Vig.oi .08 EXHIBIT C WORKER'S COMPENSATION INSURANCE CERTIFICATE WORKERS' COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the City of Seal Beach ("City") has required certain insurance to be provided by: NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time: 1. This certificate is issued to: City of Seal Beach City Hall 2118 th Street Seal Beach, California 90740 The insureds under such policy or policies are: 2. Workers' Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows: 0 Policy Number Effective Date Expiration Date Its Authorized Representative EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured ("Named Insured'): Name and address of insurance company ("Company'): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach ("City"), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials, are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 8th Street Seal Beach, CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS POLICY PERIOD LIMITS OF ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Contractual Liability ❑ Owners/Landlords/Tenants ❑ Manufacturers/Contractors ❑ Products/Completed Operations ❑ Broad Form Property Damage ❑ Extended Bodily Injury ❑ Broad Form Comprehensive ❑ General Liability Endorsement ❑ Explosion Hazard ❑ Collapse Hazard ❑ Underground Property Damage ❑ Pollution Liability ❑ Liquor Liability i 12. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all coverage(s) except: if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one). 13. This is an ❑ occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I. have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20. Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: (_) or initialed signature accepted) EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured ("Named Insured'): Name and address of insurance company ("Company'): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach ("City"), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 8t' Street Seal Beach, CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS POLICY PERIOD LIMITS OF ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Any Automobiles ❑ All Owned Automobiles ❑ Non -owned Automobiles ❑ Hired Automobiles ❑ Scheduled Automobiles ❑ Garage Coverage ❑ Truckers Coverage ❑ Motor Carrier Act ❑ Bus Regulatory Reform Act ❑ Public Livery Coverage 11 El 12. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one). 13. This is an ❑ occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on Policy Number at 12:01 a.m. and forms a part of I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20 Telephone No.: (_) Signature of Authorized Representative (Original signature only, no facsimile signature or initialed signature accepted) EXHIBIT D-3 ADDITIONAL INSURED ENDORSEMENT [INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY, IF REQUIRED] ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured ("Named Insured'): Name and address of insurance company ("Company'): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach ("City"), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to City at: City Manager City of Seal Beach City Hall 211 Eighth Street Seal Beach, California 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS POLICY PERIOD LIMITS OF ENDORSEMENT ATTACHES FROMITO LIABILITY ❑ Following Form ❑ Umbrella Liability El 11. Applicable underlying coverages: INSURANCE COMPANY POLICY NUMBER AMOUNT 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 13. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one). 14. This is an ❑ occurrence or ❑ claims made policy (check one). 15. This endorsement is, effective on at 12:01 a.m. and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20 Telephone No.: (_) Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) EXHIBIT E ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code § 7028.15] [Public Contract Code § 20103.51 I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): Business & Professions Code § 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code § 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre -qualification questionnaire and financial statement. Failure of the Bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the Contract and shall result in the forfeiture of the security of the Bidder. License No.: 801253 Class: A, C8, C60 Expiration Date: 8/3112024 Date: 2/27/2023 EXHIBIT F AGREEMENT TO COMPLY WITH LABOR LAW REQUIREMENTS AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with a[I applicable provisions of California law, including but not limited to the following: 1. Contractor acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the Work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract." Date 2/27/2023 Signature ✓�� �2 • �1,114� EXHIBIT G STANDARD SPECIFICATIONS AND REFERENCE DOCUMENTS 1. Standard Specifications for Public Works Construction ("Greenbook") EXHIBIT H NON -COLLUSION DECLARATION NONCOLLUSION DECLARATION FORM TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [PUBLIC CONTRACT CODE SECTION 71061 The undersigned declares: I am the President of G2 Construction, Inc. , the party making the foregoing Bid. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the 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. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any Person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California th t the foregoing is true and correct and that this declaration is executed on [date], at ��.I�✓A [city], �'i4L�F�� [state]. Project Name: 2022 ENVIRONMENTAL CLEANUP PROGRAM PROJECT Legal Business Name of Bidder GZ Construction, Inc. Business Address 1352 E. Borchard Ave., Santa Ana, CA 92705 Business Tel. No. 714.748.4242 1714.448.8080 Signature: Printed Name: �G//� l2• /�LyAn�Q6%� Date: ���%��•3 Signature: A auc"' c,t' Printed Name: I,c r t _c G Ac Uo-(" o Date: a��'8 o -W,) 3 This form must be notarized. 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 V"NW } On x11 -S I )--Q� before me, `W-PrN (Flere insert name and u e of me o Icer personally appeared VIVA- who proved to me on the basis of satisfactory evidence to be the person(s) whose names),Ware subscribed to the within instrument and acknowledged to me that I}ets,hi, lthey executed the same in Fyi WItheir authorized capacity(ies), and that by Wi},e'rltheir 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. REBECCA TRAN Commission No. 2306553 WITNESS my hand and official seal. NOTARY PUBLIC -CALIFORNIA = ORANGE COUNTY My Comm. Expiross Sopt. 24, 2023 Notary Public Signature (Notary Public Seal) �; ;:. R991� _.,, 0,1 OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other -4015 Version www.Notar}Glasses.com 8x00-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, ifneeded, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. o State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. o Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. o The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). o Print the name(s) of document signer(s) who personally appear at the time of notarization. o Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. hefshelthey— is /ere ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. o The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. . Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. . Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. EXHIBIT I CONTRACTOR'S INDUSTRIAL SAFETY RECORD � CF0 k k 0 U J § / k � E E 2 � ) c 0 CL O 0 0 � x / E 2 S $ cr7 2 § E G ƒ_ U) E Jg %o /k ƒ� z 7? . / §.S ka k § /:3 ¥C: � K � m 4- 0 E 2 § ƒ / 7 � LO � « U � « � 2 2 0 � ° U k « IL 2 k n C-4 2 � k g L 2 cs ■ U .. m §ka2/ 0 § U)® U) a) U) 7 § 2 m U) k k v 3 � kco w § � cet 2 0 2 C) C%l 0 0 0 2 a 2 o m A 0 0 0 m a 04 N \ #¢ o o T C) � / k C - � £ o � I- CD ��� I- � \ o 2 2E0 2 § « §0 2 o @ t 0 0tm 2 t 0 R 0@ a » / E / L- k - m k� 0 0 0> mWk/ §/22 E ES ESE k / S 2 / k q 2 S 2 k § / k � E E 2 � ) c 0 CL O 0 0 � x / E 2 S $ cr7 2 § E G ƒ_ U) E Jg %o /k ƒ� z 7? . / §.S ka k § /:3 ¥C: � K � m 4- 0 E 2 § ƒ / 7 � LO � « U � « � 2 2 0 � ° U k « IL 2 k n C-4 2 � k g L 2 cs ■ U .. m §ka2/ 0 § U)® U) a) U) 7 § 2 m U) k k v 3 � 0 U) f 2 > > \ « 7 d . :5 CL� � CL '0 o @ (.8k § k= k §0 � E \ «� « e% \ k 77 2 // 3 § � k @® ■\ o C o ■ 2 S > 0 « @ � (D 2 a� 0 00 kco E CL / /& ca � Ek �2 kd � k k�ca c q Clq � � k ■ O co / 2 k O )2fƒ0 2§24.0 ^ « o o @ E m 0 c 4- G R R 2■mE_ @5�(Dtb� £ T) ca°£ E20R°M.- M 0Co mg72a2 4 § ■ = e k\cm> g202m/a £ c 0, �Lk-t§ �Gtro§f r■©a- o R ■ m c £ 0 a c 2222 cL�cD - c a) o = 7 § o C.) U) 223$/_7_2 0�� d/:�E�a) M� E / � f / em2 � @ u) e E0\0 CL 2=moo § CL 0 LS o c @ 3 . Q o ) -0 q kk//��f or �/ 22.C)oa_ 2 a)§® 7 k o COtE CO «araca �k��/ƒƒ 2 £o eo = m��o 2 0 - § 'a ■ s-_£ @, a- oE: °%\2�G ° a CL Q) 2§W0EL0 » /2 Lc- ef2c a �t _£cn . @��2«\ 2 3 °©' =3M a)0—Entf E :2 C4— 0 ± c4-> > o cu 20 § o % k/%k�km/ kmC'7/�/ ' m t£■ o o m §/m:ELL_E/ § ® @ CL = o o = £ :E 2 o c "0E0a)" k 0 0= r 0 :3 S E 2 t 2£ o ■ - @ o e c @ coao>-14� EXHIBIT J DESIGNATION OF SUBCONTRACTORS 0 0 $ § f = u E W §2--3 w/ CO ¢ k OC ° k 3�9/£ /,- aA c 2 / > cnCL Ca Q X22\ƒ 7— c Q R � a §§®3a2 o m 0 0 0 § 2 @ o 3U3§02 §7 5®@/ 0 233°oq ®3om \Ca2/%� 2 a 0k°�k CO)�k0M00 it � 2 E U) 0 0 C: $ �7 o2 e E o 0) & § R = @ c 3 § Z% 2o 0 Om "0 �■ �£ o 2 m o 9 U) ��dk'81-E �_ m2 3 o§ X93203 z2 22E2?\ g o Q G) 4 -0o e n o @ o r -L ƒ2 °220k% �$ �a m� � 0 LLI C13 =»2E §= § § a)CL 0 0 1— = �2CLIn/� EE£ -/k ¢ " _ o E o g o c§ CL \ 2 - G CL o ) � ca 2ka)k�2 \k / 0r oror c 0 @ o q "0 0 CL 0 k 0 ■ § / CO 2 k 2 § = > c = £ £ 2 0 — =1 tm :3t E a-0o� Cl) /%2ok 0 w/ /,- Ca a §7 — a £ 22 � �k � a)CL \ ■ v / E k E 0 2 � - En ° _ 2 0 c §2% k'!t=nf co z � �a) 3� o CD ka 2�q q G3 \k� 02 cn 22 = k .2 § C.) \fa0 ccmm _ 2 / 0 § 3 T- § � @ @ "a 3 cu 0 u k :3 0 2 0 § @ k E � 0 � » � 0 0 V- 0 CL@ 4-1 @ § CL (D ca� :2 m m � @ 3 0 m 2 @ p k @ / EXHIBIT K ACCEPTED BID PROPOSAL CONSTRUCTION, INC. DBE, MBE, & SBE Certified PROPOSAL CITY OF SEAL BEACH 2022 Environmental Cleanup Program Project Lic. #801253 - A, C8, C60 1352 E. Borchard Ave. Santa Ana, CA 92705 714.748.4242 Installation of G2 custom CPS -Mod TM, GITSTM, FXSSTM & ARS -CL TM Stormwater Devices within Leisure World Seal Beach Customer: City of Seal Beach Prepared: 2/16/2023 Public Works Department City Hall, 211 Eighth St. Seal Beach, CA 90740 4 Contact: Iris Lee, Public Works Director By: Eric H. Taylor 562.431.2527 714.679.2550 flee@sealbeachca.gov etaylor@G2Construction.com DESCRIPTION Per the City's request, G2 Construction (G2) proposes to custom fabricate and install our Full Capture Systems (FCS) proprietary screens in all 174 Leisure World Seal Beach (LWSB) storm water inlets and catch basins located on paved surfaces with the community. G2's proprietary CPS-ModTA° and GITS rm devices will be custom designed and fabricated for each inlet. Additionally, for the 48 inlets with curb -openings, we will fabricate and install our FXSSTm and ARS-CLTm screens to prevent larger objects from entering the inlet through the curb openings. In total, G2 will fabricate and install approximately 222 unique devices of varying sizes to match each inlet. Each screen will be of 304 stainless steel. The objective of the project is to filter storm water runoff and capture all pollutants and debris 5mm or larger, and thereby significantly reduce negative water quality impacts on the watershed, groundwater, and ocean. Completion of this project will make Leisure World Seal Beach completely compliant with the California Water Board's requirements for Full Capture Systems. This proposal utilizes G2's master purchase agreement with OCPW, MA -080-20010478 for Trash and Debris Capture Devices for the City of Seal Beach OCTA ECP grant application for 2022-23. The City is eligible for this piggyback contract like all Orange County cities, which guarantees the best product, service, and pricing. Products and services include custom fabrication and installation of G2's proprietary CPS-ModTm, GITSTm, FXSSTm and ARS-CLTm devices made of 304 stainless steel (approved for OCTA Measure M2 funding). G2's devices come with a 10 -year warranty, and the expected life of our devices is 20 years. Also attached is the detailed cost estimate of this proposal, and specific inlets to be installed. 1 of 7 G2 Construction, Inc. CONSTRUCTION COST ESTIMATE G2 Construction, Inc. Item Cost Description 1 $15,000 Mobilization 2 $367,751 Screen Devices, Custom Design, Fabrication, Installation, Photos, Measurements, Project Management 3 $8,178 Inlet Cleaning 4 $8,996 Traffic Control and grate removal 5 $12,575 Performance Bonds $412,500 Construction Total Est. Device Price Detail and Quantity Estimates FULL -CAPTURE SCREENS (304 Stainless -Steel) Screens Estimated Estimated Total Item Device & Model Size per Inlet Inlet Unit Price Cost Quantity CPS -Mod TM (Connector Pipe Screen) 1.1 CPS -Mod 6.0 FCS 6.0 sqft 1 51 $1,241 $63,291 1.2 CPS -Mod 9.0 FCS 9.0 sqft 1 2 $1,408 $2,816 1.3 CPS -Mod 4.5 FCS 4.5 sqft 1 4 $993 $3,972 GITS' (Grated Inlet Trash Screen) 2.1 GITS-18x40-106 FCS 18"x40" 1 32 $1,565 $50,080 2.2 GITS_2x-18x40-10B FCS 18"x40" -Double 2 16 $3,130 $50,080 2.3 GITS-32x32-106 FCS 32"x32" 1 33 $1,670 $55,110 2.4 GITS-37"x37"-106 FCS 37"x37" 1 5 $2,274 $11,370 2.5 LoPRO- GITS-20x20 FCS 20"x20" 1 17 $1,399 $23,783 2.6 LoPRO- GITS-<2sgft FCS varies 1 14 $699 $9,786 FCS Device Total: 174 CURB -OPENING SCREENS (304 Stainless -Steel) (in same Inlet as a FCS) Item Device & Model Size Screens Inlet Unit Price per Quantity ARS-FX11 (Fixed Screen) 3.1 ARS-FXSS-5.0 3.5' 1 5 $1,219 $6,095 3.2 ARS-FXSS-7.0 7' 1 41 $2,138 $87,658 3.3 ARS-FXSS-10.0 10' 1 1 $2,347 $2,347 3.4 ARS -CL -5.0-1 3.5' 1 1 $1,363 1 $1,363 Curb -Opening Screen Total: 48 Est. PRODUCT TOTAL: $367,751 *Pricing based on OC Public Works Master Pricing Agreement 2 of 7 G2 construction, Inc. LEISURE WORLD - SEAL BEACH PROPOSED DEVICE LOCATIONS o U Area I LW ID# PLU I Street X -street DEVICE CATEGORY I DRAIN TYPE LOCATION LAT LONG 1 A 2001 yes North Gate Rd Foxburg 3. GITS FCS Drop Inlet 1 -Street 33.77397 -118.09038 2 A 2004 yes Scioto Rd. Oak Hills 3. GITS FCS Drop Inlet 2 - Park Lot 33.77366 -118.09160 3 A 2005 yes Scioto Rd. Oak Hills 3. GITS FCS Drop Inlet 2 - Park Lot 33.77322 -118.09117 4 A 2006 yes Northwood Rd Foxburg Rd 1. CPS -Mod FCS+ ARS -FX Curb opening 1- Street 33.77274 -118.09036 5 A 2007 yes Northwood Rd Foxburg Rd 1. CPS -Mod FCS+ARS-FX Curb opening 1 -Street 33.77248 -118.09074 6 A 2009 yes Northwood Rd Library Entrance 3. GITS FCS Drop Inlet 1- Street 33.77286 -118.08802 7 A 2009 yes Southport Northwood Rd 3. GITS FCS Drop Inlet 2 - Park Lot 33.77106 -118.09166 8 A 2010 yes Northwood Rd Library Parking 3. GITS FCS Drop Inlet i -Street 33.77298 -118.08810 9 A 2011 yes Foxberg Rd Parking Exit 3. GITS FCS Drop Inlet 2 - Park Lot 33.77279 -118.08886 10 A 2012 yes Foxberg Rd Parking Exit 3. GITS FCS Drop Inlet i - Street 33.77279 -118.08897 11 A 2013 yes Foxberg Rd Parking Crosswalk 3. GITS FCS Drop Inlet 1- Street 33.77273 -118.08897 12 A 2014 yes Northwood Rd Foxburg 3. GITS FCS Drop Inlet 1- Street 33.77274 -118.08951 13 A 2015 yes Northwood Rd Foxburg 3. GITS FCS Drop Inlet 1- Street 33.77273 -118.08964 14 A 3001 yes Northwood Rd Shawnee 3. GITS FCS Drop Inlet 1- Street 33.77334 -118.08470 15 A 3002 yes Northwood Rd Shawnee 3. GITS FCS Drop Inlet 1 -Street 33.77322 -118.08491 16 A 3003 yes Northwood Rd St. Andrews 1. CPS -Mod FCS+ARS-FX Curb opening 1 -Street 33.77292 -118.08579 17 A 3004 yes Northwood Rd St. Andrews 1. CPS -Mod FCS+ARS-FX Curb opening 1- Street 33.77303 -118.08579 18 A 3006 yes Northwood Rd St. Andrews 1. CPS -Mod FCS+ARS-FX Curb opening 1 -Street 33.77292 -118.08658 19 A 3007 yes Northwood Rd St. Andrews 1. CPS -Mod FCS+ ARS -FX Curb opening 1- Street 33.77303 -118.08658 20 A 3009 yes Seaview Lane St. Andrews 3. GITS FCS Drop Inlet 2 - Park Lot 33.77252 -118.08680 21 A 3011 yes Northwood Rd. North Gate Rd 3. GITS FCS Drop Inlet 2 - Park Lot 33.77392 -118.08623 22 A 4001 yes St. John Rd Del Monte 2. CPS -Mod FCS Drop Inlet 1 -Street 33.77301 -118.08032 23 A 4002 yes St. John Rd Del Monte 2. CPS -Mod FCS Drop Inlet 1- Street 33.77293 -118.08026 24 A 4003 yes St. John Rd Del Monte Dr. 3. GITS FCS Drop Inlet 1- Street 33.77312 -118.08011 25 A 5002 yes St. John Rd Del Monte Dr. 3. GITS FCS Drop Inlet 2 - Park Lot 33.77318 -118.07974 26 A 5003 yes St. John Rd Del Monte Dr. 3. GITS FCS Drop Inlet 2 - Park Lot 33.77318 -118.07938 27 A NA 30X yes Shawnee Ln Northwood 3. GITS FCS Drop Inlet 1- Street 33.77326 -118.08471 28 A NA 40X yes Del Monte Dr. Northwood Rd 3. GITS FCS Drop Inlet i - Street 33.77302 -118.08257 29 B 1001 yes Nassau Dr. EI Dorado Dr. 1. CPS -Mod FCS +ARS -FX Curb opening 1 -Street 33.77200 -118.09464 30 B 1002 yes Nassau Dr. EI Dorado Dr. 1. CPS -Mod FCS +ARS -FX Curb opening 1 -Street 33.77200 -118.09474 31 B 2001 yes Fairfield Ln Oakmont Rd 3. GITS FCS Drop Inlet 2 - Park Lot 33.77047 -118.09050 32 B 2002 yes Kenwood Rd. St. Andrews Dr 3. GITS FCS Drop Inlet 2 - Park Lot 33.77131 -118.08899 33 B 2004 yes Fairfield Ln Oakmont Rd 3. GITS FCS Drop Inlet 2 - Park Lot 33.77001 -118.09125 34 B 3001 yes Seaview Lane St. Andrews Dr 3. GITS FCS Drop Inlet 2 - Park Lot 33.77205 -118.08640 35 B 3002 yes Seaview Lane St. Andrews Dr 3. GITS FCS Drop Inlet 2 - Park Lot 33.77156 -118.08604 36 B 3005 yes St. Andrews Dr. Oakmont Rd. 1. CPS -Mod FCS+ ARS -FX Curb opening 1- Street 33.77025 -118.08682 37 B 3006 yes St. Andrews Dr. Oakmont Rd. 1. CPS -Mod FCS +ARS -FX Curb opening 1- Street 33.77020 -118.08707 3of7 G2 construction, Inc. LEISURE WORLD - SEAL BEACH PROPOSED DEVICE LOCATIONS o U Area LW ID# PLU Street X -street DEVICE CATEGORY DRAIN TYPE LOCATION LAT LONG 38 B 3007 yes St. Andrews Dr. Oakmont Rd. 1. CPS -Mod FCS+ ARS -FX Curb opening 1 -Street 33.77042 -118.08724 39 B 4001 yes Interlachen Rd Twin Hills Dr 3. GITS FCS Drop Inlet i - Street 33.77088 -118.08338 40 B 4002 yes Twin Hills Dr. Interlachen Rd 3. GITS FCS Drop Inlet 1- Street 33.77080 -118.08340 41 B 4003 yes Twin Hills Dr. Interlachen Rd 3. GITS FCS Drop Inlet 2 - Park Lot 33.77025 -118.08303 42 B 4004 yes Del Monte Dr. Interlachen Rd 3. GITS FCS Drop Inlet 1- Street 33.77066 -118.08070 43 B 4005 yes Del Monte Dr. Interlachen Rd 3. GITS FCS Drop Inlet 1- Street 33.77032 -118.08043 44 B 5002 yes McKinney Del Monte Dr. 3. GITS FCS Drop Inlet i -Street 33.77115 -118.07921 45 B 5003 yes McKinney Del Monte Dr. 3. GITS FCS Drop Inlet 1- Street 33.77125 -118.07923 46 B 5004 yes McKinney Del Monte Dr. 3. GITS FCS Drop Inlet 2 - Park Lot 33.77121 -118.07820 47 C 1005 yes EI Dorado Dr. Nassau Dr. 1. CPS -Mod FCS+ARS-FX Curb opening 1 -Street 33.76970 -118.09333 48 C 1006 yes EI Dorado Dr. Nassau Dr. 1. CPS -Mod FCS+ ARS -FX Curb opening 1- Street 33.76950 -118.09348 49 C 1007 yes EI Dorado Dr. Nassau Dr. 1. CPS -Mod FCS+ ARS -FX Curb opening 1- Street 33.76933 -118.09350 50 C 2001 yes Oakmont Rd Fairfield 1. CPS -Mod FCS+ARS-FX Curb opening i -Street 33.76814 -118.09098 51 C 2002 yes Oakmont Rd Fairfield 1. CPS -Mod FCS+ARS-FX Curb opening 1 -Street 33.76806 -118.09091 52 C 2006 yes Oakmont Rd St. Andrews 1. CPS -Mod FCS+ARS-FX Curb opening 1 -Street 33.76978 -118.08797 53 C 2007 yes Medinac Ln Pelham 3. GITS FCS Drop Inlet 2 - Park Lot 33.76660 -118.08847 54 C 2007 yes Oakmont Rd St. Andrews 1. CPS -Mod FCS+ARS-FX Curb opening 1 -Street 33.76986 -118.08804 55 C 2008 yes Mayfield Rd / Circi Fairfield 3. GITS FCS Drop Inlet 2 - Park Lot 33.76841 -118.08821 56 C 3002.1 yes Interlachen Rd St. Andrews 3. GITS FCS Drop Inlet 1.- Street 33.76963 -118.08586 57 C 3002.2 yes Interlachen Rd St. Andrews 3. GITS FCS Drop Inlet 1- Street 33.76963 -118.08586 58 C 3003 yes St. Andrews Dr. Glenview 1. CPS -Mod FCS+ ARS -FX Curb opening 1- Street 33.76863 -118.08555 59 C 3004 yes St. Andrews Dr. Pelham Rd 3. GITS FCS Drop Inlet 1- Street 33.76813 -118.08543 60 C 3005 yes Glenview Rd St. Andrews 3. GITS FCS Drop Inlet 2 - Park Lot 33.76915 -118.08434 61 C 3006 yes Glenview Rd St. Andrews 3. GITS FCS Drop Inlet 2 - Park Lot 33.76904 -118.08454 62 C 3007 yes Glenview Rd St. Andrews 3. GITS FCS Drop Inlet 2 - Park Lot 33.76892 -118.08474 63 C 4001 yes Del Monte Dr. Sunningdale 1. CPS -Mod FCS+ ARS -FX Curb opening 1- Street 33.76954 -118.07998 64 C 4002 yes Sunningdale Del Monte Dr. 1. CPS -Mod FCS+ ARS -FX Curb opening 1- Street 33.76868 -118.08138 65 C 4003 yes Sunningdale Del Monte Dr. 1. CPS -Mod FCS+ ARS -FX Curb opening 1- Street 33.76860 -118.08132 66 C 4004 yes Sunningdale Rd. Sunningdale 3. GITS FCS Drop Inlet 2 - Park Lot 33.76909 -118.08187 67 C 4005 yes Twin Hills Dr. Interlachen Rd 3. GITS FCS Drop Inlet 2 - Park Lot 33.76994 -118.08274 68 C 4006 yes Sunningdale Del Monte Dr. 3. GITS FCS Drop Inlet 1 -Street 33.76910 -118.08061 69 C 5001 yes Del Monte Dr. Sunningdale Rd 3. GITS FCS Drop Inlet 2 - Park Lot 33.76968 -118.07833 70 C 5002 yes Del Monte Dr. Golden Rain Rd. 3. GITS FCS Drop Inlet 2 - Park Lot 33.76815 -118.07800 71 C 5003 yes Del Monte Dr. Golden Rain Rd. 1. CPS -Mod FCS+ARS-FX Curb opening 1- Street 33.76816 -118.07870 72 C 5004 yes Dei Monte Dr. Golden Rain Rd. 1. CPS -Mod FCS+ARS-FX Curb opening 1 -Street 33.76815 -118.07885 73 C 5005 yes Del Monte Dr. Sunningdale 1. CPS -Mod FCS +ARS -FX Curb opening 1 -Street 33.76956 -118.07984 74 C NA 20X yes Fairfield Ln / circle Oakmont Rd 3. GITS FCS Drop Inlet 2 - Park Lot 33.77001 -118.09125 4 of 7 G2 construction, Inc. LEISURE WORLD - SEAL BEACH PROPOSED DEVICE LOCATIONS oArea U LW ID# PLU Street X -street DEVICE CATEGORY DRAIN TYPE LOCATION LAT LONG 75 C NA 30X yes St. Andrews Dr. Interlachen Rd 3. GITS FCS Drop Inlet 1- Street 33.76977 -118.08673 76 C NA 50X yes Del Monte Dr. Golden Rain Rd. 3. GITS FCS Drop Inlet i -Street 33.76914 -118.07951 77 C NA 50X yes Del Monte Dr. Golden Rain Rd. 3. GITS FCS Drop Inlet i -Street 33.76900 -118.07939 78 D 2001 yes Oakmont Rd EI Dorado Dr. 3. GITS FCS Drop Inlet 1 -Street 33.76730 -118.09068 79 D 2004 yes Knollwood EI Dorado Dr. 3. GITS FCS Drop Inlet 2 - Park Lot 33.76626 -118.08983 80 D 2006.1 yes Pelham Medinac Ln 3. GITS FCS Drop Inlet 2 - Park Lot 33.76652 -118.08842 81 D 2006.2 yes Pelham Medinac Ln 3. GITS FCS Drop Inlet 2 - Park Lot 33.76653 -118.08840 82 D 2010 yes Knollwood EI Dorado Dr. 3. GITS FCS Drop Inlet 2 - Park Lot 33.76660 -118.09010 83 D 2011 yes Knollwood EI Dorado Dr. 3. GITS FCS Drop Inlet 2 - Park Lot 33.76645 -118.08993 84 D 3001 yes St. Andrews Dr. Pelham Rd 3. GITS FCS Drop Inlet 1- Street 33.76763 -118.08503 85 D 3002 yes St. Andrews Dr. Pelham Rd 3. GITS FCS Drop Inlet 1- Street 33.76720 -118.08469 86 D 3004 yes St. Andrews Dr. Tam O'Shanter 1. CPS -Mod FCS+ARS-FX Curb opening 1 -Street 33.76676 -118.08407 87 D 3007 yes Pelham St. Andrews 3. GITS FCS Drop Inlet 1 -Street 33.76761 -118.08646 88 D 3008 yes Pelham St. Andrews Dr 3. GITS FCS Drop Inlet 1- Street 33.76751 -118.08664 89 D 3009 yes Pelham St. Andrews Dr 3. GITS FCS Drop Inlet 1- Street 33.76735 -118.08689 90 D 3010 yes Pelham St. Andrews 3. GITS FCS Drop Inlet 1- Street 33.76767 -118.08654 91 D 3011 yes St. Andrews Dr. Tam O'Shanter 1. CPS -Mod FCS+ ARS -CL Curb opening 1- Street 33.76646 -118.08413 92 D 4001 yes Golden Rain Rd. Annandale 3. GITS FCS Drop Inlet 1- Street 33.76630 -118.08079 93 D 4002 yes Golden Rain Rd. Burning Tree 3. GITS FCS Drop Inlet i -Street 33.76678 -118.07998 94 D 4003 yes Golden Rain Rd. Burning Tree 2. CPS -Mod FCS Drop Inlet i - Street 33.76701 -118.08000 95 D 4004 yes Tam O'Shanter St. Andrews 3. GITS FCS Drop Inlet 2 - Park Lot 33.76728 -118.08277 96 D 4005 yes Tam O'Shanter St. Andrews 3. GITS FCS Drop Inlet 2 - Park Lot 33.76693 -118.08341 97 D 4006 yes Golden Rain Rd. Annandale 3. GITS FCS Drop Inlet 1- Street 33.76606 -118.08121 98 D 4007 yes Golden Rain Rd. Annandale 3. GITS FCS Drop Inlet 1- Street 33.76592 -118.08145 99 D 5002 yes Golden Rain Rd. Del Monte Dr. 1. CPS -Mod FCS+ARS-FX Curb opening 1- Street 33.76718 -118.07877 100 D 5003 yes Golden Rain Rd. Burning Tree 3. GITS FCS Drop Inlet 1 -Street 33.76691 -118.07975 101 D 5004 yes Del Monte Dr. Golden Rain Rd. 3. GITS FCS Drop Inlet 1 -Street 33.76732 -118.07832 102 D 5005 yes Del Monte Dr. Golden Rain Rd. 3. GITS FCS Drop Inlet 1- Street 33.76730 -118.07847 103 D 5006 yes Golden Rain Rd. Del Monte Dr. 3. GITS FCS Drop Inlet 2 - Park Lot 33.76733 -118.07895 104 E 1001 yes Canoe Brook Dr. EI Dorado 1. CPS -Mod FCS+ARS-FX Curb opening 1- Street 33.76401 -118.09175 105 E 1002 yes Canoe Brook Dr. EI Dorado 1. CPS -Mod FCS+ ARS -FX Curb opening 1- Street 33.76393 -118.09174 106 E 2001 yes Alderwood Ln Wee Bum Rd 3. GITS FCS Drop Inlet 2 - Park Lot 33.76482 -118.08982 107 E 2002 yes Alderwood Ln Golden Rain Rd. 1. CPS -Mod FCS +ARS -FX Curb opening 1 -Street 33.76422 -118.08939 108 E 2003 yes Alderwood Ln Golden Rain Rd. 1. CPS -Mod FCS+ARS-FX Curb opening 1 -Street 33.76428 -118.08930 109 E 2009 yes EI Dorado Dr. Canoe Brook Dr. 1. CPS -Mod FCS+ ARS -FX Drop Inlet i - Street 33.76442 -118.09091 110 E 2010 yes EI Dorado Dr. Canoe Brook Dr. 1. CPS -Mod FCS+ ARS -FX Curb opening 1- Street 33.76404 -118.09077 111 E 2011 yes EI Dorado Dr. Canoe Brook Dr. 1. CPS -Mod FCS+ARS-FX Curb opening 1 -Street 33.76412 -118.09094 112 E 2012 yes Canoe Brook Dr. EI Dorado 1. CPS -Mod FCS+ARS-FX Curb opening 1- Street 33.76396 -118.09096 5of7 G2 Construction, Inc. LEISURE WORLD - SEAL BEACH PROPOSED DEVICE LOCATIONS o U Area LW ID# PLU Street X -street DEVICE CATEGORY DRAIN TYPE LOCATION LAT LONG 113 E 2016 yes Alderwood Ln Smoke Rd 3. GITS FCS Drop Inlet 1- Street 33.76362 -118.08882 114 E 3002 yes Homewood Rd. Cedar Crest 3. GITS FCS Drop Inlet 2 - Park Lot 33.76422 -118.08654 115 E 3003 yes Homewood Rd. Cedar Crest 3. GITS FCS Drop Inlet 2 - Park Lot 33.76454 -118.08681 116 E 3004 yes Cedar Crest Golden Rain Rd. 3. GITS FCS Drop Inlet 2 - Park Lot 33.76454 -118.08598 117 E 3005 yes Cedar Crest Homewood 3. GITS FCS Drop Inlet 2 - Park Lot 33.76519 -118.08651 118 E 3006 yes Homewood Rd. Golden Rain Rd. 3. GITS FCS Drop Inlet 2 - Park Lot 33.76551 -118.08596 119 E 3007 yes Golden Rain Rd. Cedar Crest 1. CPS -Mod FCS+ARS-FX Curb opening 1 -Street 33.76380 -118.08553 120 E 3008 yes Golden Rain Rd. Cedar Crest Ln 3. GITS FCS Drop Inlet 1- Street 33.76375 -118.08513 121 E 3009 yes Thunderbird Dr. Golden Rain 3. GITS FCS Drop Inlet 1 -Street 33.76373 -118.08389 122 E 3011 yes Thunderbird Dr. Golden Rain 3. GITS FCS Drop Inlet 1 -Street 33.76396 -118.08409 123 E 3012 yes Golden Rain Rd. Thunderbird Dr 3. GITS FCS Drop Inlet 1 -Street 33.76427 -118.08425 124 E 3013 yes Golden Rain Rd. Thunderbird Dr 2. CPS -Mod FCS Drop Inlet 1 -Street 33.76413 -118.08447 125 E 3014 yes Thunderbird Dr. Golden Rain 3. GITS FCS Drop Inlet 1 -Street 33.76367 -118.08397 126 E 3015 yes Homewood Rd. Cedar Crest Ln 3. GITS FCS Drop Inlet 2 - Park Lot 33.76521 -118.08566 127 E 3016 yes Homewood Rd. Golden Rain Rd. 3. GITS FCS Drop Inlet 2 - Park Lot 33.76506 -118.08552 128 E 3017 yes Homewood Rd. Golden Rain Rd. 3. GITS FCS Drop Inlet 2 - Park Lot 33.76536 -118.08579 129 E 3018 yes Homewood Rd. Golden Rain Rd. 3. GITS FCS Drop Inlet 2 - Park Lot 33.76487 -118.08542 130 E 4001 yes St. Andrews Dr. Golden Rain Rd. 2. CPS -Mod FCS Drop Inlet 1- Street 33.76538 -118.08294 131 E 4002 yes Golden Rain Rd. St. Andrews Dr 2. CPS -Mod FCS Drop Inlet 1- Street 33.76516 -118.08316 132 E 4003 yes Golden Rain Rd. St. Andrews 3. GITS FCS Drop Inlet 1 -Street 33.76500 -118.08302 133 E 4004 yes St. Andrews Dr. Golden Rain 3. GITS FCS Drop Inlet 1 -Street 33.76509 -118.08270 134 E 4005 yes Annandale Dr. Golden Rain Rd. 3. GITS FCS Drop Inlet i - Street 33.76491 -118.08049 135 E 4006 yes Annandale Dr. Golden Rain Rd. 3. GITS FCS Drop Inlet 1 -Street 33.76465 -118.08015 136 E 4007 yes Annandale Dr. Golden Rain Rd. 3. GITS FCS Drop Inlet 1- Street 33.76448 -118.08012 137 E 4008 yes Golden Rain Rd. St. Andrews Dr. 3. GITS FCS Drop Inlet 1- Street 33.76542 -118.08230 138 E 5001 yes Annandale Dr. Golden Rain Rd. 3. GITS FCS Drop Inlet 1 -Street 33.76398 -118.07958 139 E NA yes Burning Tree Ln Golden Rain 3. GITS FCS Drop Inlet 1 -Street 33.76566 -118.07881 140 F 2001 yes Golden Rain Rd. EI Dorado 1. CPS -Mod FCS+ARS-FX Curb opening 1 -Street 33.76165 -118.08872 141 F 2002 yes Golden Rain Rd. EI Dorado 1. CPS -Mod FCS+ ARS=FX Curb opening 1- Street 33.76185 -118.08887 142 F 2003 yes Golden Rain Rd. EI Dorado 1. CPS -Mod FCS+ARS-FX Curb opening 1 -Street 33.76172 -118.08912 143 F 2004 yes Golden Rain Rd. EI Dorado 1. CPS -Mod FCS+ ARS -FX Curb opening 1 -Street 33.76152 -118.08893 144 F 2005 yes Golden Rain Rd. Alderwood Ln I. CPS -Mod FCS+ARS-FX Curb opening 1 -Street 33.76252 -118.08771 145 F 2006 yes Golden Rain Rd. Alderwood Ln 1. CPS -Mod FCS+ ARS -FX Curb opening 1 -Street 33.76238 -118.08796 146 F 2007 yes Golden Rain Rd. EI Dorado 3. GITS FCS Drop Inlet 1- Street 33.76204 -118.08805 147 F 2008 yes Alderwood Ln Golden Rain Rd. 3. GITS FCS Drop Inlet 2 - Park Lot 33.76313 -118.08840 148 F 2009 yes Alderwood Ln Golden Rain Rd. 3. GITS FCS Drop Inlet 1 -Street 33.76551 -118.08596 149 F 3001 yes Golden Rain Rd. EI Dorado 3. GITS FCS Drop Inlet 1- Street 33.76247 -118.08731 6of7 G2 Construction, Inc. LEISURE WORLD - SEAL BEACH PROPOSED DEVICE LOCATIONS Area I LW IDA PLU I Street I X -street I DEVICE CATEGORY I DRAIN TYPE I LOCATION I LAT 'I LONG 150 F 4001 yes Thunderbird Dr. Merlon Way 3. GITS FCS Drop Inlet i -Street 33.76273 -118.08317 151 F 4002 yes Thunderbird Dr. Merion 3. GITS FCS Drop Inlet 1 -Street 33.76335 -118.08370 152 F 4003 yes Thunderbird Dr. Merlon Way 3. GITS FCS Drop Inlet 1- Street 33.76278 -118.08309 153 F 4004 yes Thunderbird Dr. Monterey Rd 3. GITS FCS Drop Inlet i -Street 33.76158 -118.08222 154 F 4005 yes Thunderbird Dr. Merlon Way 3. GITS FCS Drop Inlet 1- Street 33.76162 -118.08214 155 F 5001 yes Annandale Dr. Golden Rain Rd. 3. GITS FCS Drop Inlet 1- Street 33.76347 -118.07915 156 F 5002 yes Annandale Dr. Golden Rain Rd. 3. GITS FCS Drop Inlet 1 -Street 33.76325 -118.07897 157 F 5003 yes Annandale Dr. Golden Rain Rd. 3. GITS FCS Drop Inlet 1 -Street 33.76304 -118.07879 158 F NA 20X yes Golden Rain Rd. EI Dorado 1. CPS -Mod FCS+ ARS -FX Curb opening 1- Street 33.76165 -118.08909 159 G 2001 yes Monterey Rd EI Dorado 1. CPS -Mod FCS+ARS-FX Curb opening 1 -Street 33.75985 -118.08809 160 G 2003 yes Golden Rain Rd. EI Dorado Dr. 2. CPS -Mod FCS Drop Inlet i - Street 33.76034 -118.09062 161 G 2005 yes Golden Rain Rd. Canoe Brook Dr. 1. CPS -Mod FCS+ARS-FX Curb opening 1 -Street 33.76046 -118.09134 162 G 2006 yes Golden Rain Rd. Canoe Brook Dr. 1. CPS -Mod FCS+ARS-FX Curb opening 1 -Street 33.76038 -118.09130 163 G 2007 yes Canoe Brook Dr. Golden Rain Rd. 3. GITS FCS Drop Inlet 2 - Park Lot 33.76032 -118.09131 164 G 2008 yes Monterey Rd EI Dorado 1. CPS -Mod FCS +ARS -FX Curb opening 1- Street 33.75993 -118.08794 165 G 3001 yes Monterey Rd. Monterey Rd 3. GITS FCS Drop Inlet 2 - Park Lot 33.76042 -118.08493 166 G 3002 yes Monterey Rd. Monterey Rd 3. GITS FCS Drop Inlet 2 - Park Lot 33.76009 -118.08548 167 G 3003 yes Monterey Rd. Monterey Rd 3. GITS FCS Drop Inlet 2 - Park Lot 33.76009 -118.08617 168 G 3004 yes Monterey Rd EI Dorado Dr. 2. CPS -Mod FCS Drop Inlet 1- Street 33.75992 -118.08618 169 G 3005 yes Monterey Rd EI Dorado Dr. 2. CPS -Mod FCS Drop Inlet 1- Street 33.75984 -118.08631 170 G 3006 yes Monterey Rd EI Dorado Dr. 3. GITS FCS Drop Inlet 1- Street 33.75993 -118.08740 171 G 3007 yes Monterey Rd EI Dorado Dr. 3. GITS FCS Drop Inlet 1- Street 33.75983 -118.08741 172 G 3017 yes Monterey Rd. Monterey Rd 3. GITS FCS Drop Inlet 2 - Park Lot 33.76070 -118.08440 173 G 4001 yes Thunderbird Dr. Monterey Rd 3. GITS FCS Drop Inlet 1- Street 33.76131 -118.08199 174 G 4002 yes Thunderbird Dr. Monterey Rd 3. GITS FCS Drop Inlet 1- Street 33.76135 -118.08191 7of7 ninnmQT-ni AnnMONDON A410.oRo® CERTIFICATE OF LIABILITY INSURANCE DATE 127/2DrYYYY) 2/27/2023 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 Inszone Insurance Services, LLC 2721 Citrus Road, Suite A Rancho Cordova, CA 95742 NAMECONTDeena Evancik PHONE FAX (arc, No, Ext): (951) 284-4867 (AJC, No): E-MAIL , devancik@inszoneins.com INSURERIS) AFFORDING COVERAGE NAIC # A INSURER A: Admiral Insurance Company 24856 X INSURED G2 Construction, Inc., ArcFab360 1352 East Borchard Avenue INSURER B: American Fire and Casualty 24066 INSURER C: Falls Lake Fire & Casualty Company_15884 INSURERD:GeminiInsurance Company 10833 INSURER E: Santa Ana, CA 92705 INSURER F : t.UVt=KAbt=, %.rR11r1V/11G IMUMu1-11. - - 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. MSRADDL TYPE OF INSURANCE IND SUER WVD POLICY NUMBER POLICY EFF M IDD 2/1/2023 POLICY E%P IDD 2/1/2024 LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR X XCA00003339905 _ EACH OCCURRENCE S 1,000,000 DAMAGE TOREcTED S 300,000 MED EXP (Any oneperson) S 5,000 PERSONAL&ADVINJURY S 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY[XI TR� LOC GENERAL AGGREGATE S 2'000'000 PRODUCTS-COMP/OPAGG S 2,000,000 5 Ea BINED SINGLE LIMIT $ 1,000,000 B OTHER: AUTOMOBILE LIABILITY _ _ BODILY INJURY Perperson) S X ANY AUTO X BAA57131811 2/1/2023 211/2024 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS ��W AOSNpp PROPERTY (Per S A X UM13RELLA LIAR 1 EXCESS UAB X OCCUR CLAIMS -MADE X GX00000198305 2/112023 \ 2/1/2024 EACH OCCURRENCE S 2,000,000 AGGREGATE S 2'000'000 DED I J RETENTIONS S C D D WORKERS ND EMPLOYERCOMPENSATION N A TIOTN1' YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Errors and Omissions Errors and Omissions N /A X FLA020344-00 HPM-DP-00309-07 HPM-DP-00309-07 2/1/2023 2/27/2023 2/2712023 2/1/2024 2/27/2024 2/27/2024 X PTAT TE EORH E.L. EACH ACCIDENT S 1,0001000 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE -POLICY LIMIT 5 Aggregate/Each Claim 2,000,000 Deductible 10,000 DESCRIPTION OF OPERATIONS f LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) The City of Seal Beach, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials and Golden Rain Foundation are included as Additional Insured in regards to General Liability and Commercial Auto per attached endorsement. Primary and Non -Contributory coverage applies. Waiver of Subrogation applies to General Liability and Workers Compensation. Excess follows form subject to the terms and conditions of the policy per the Excess form. RE: PROJECT CIP NO. SD2201 - 2022 ENVIRONMENTAL CLEANUP PROGRAM PROJECT CERTIFICATE HULUhK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 211 - 8th Street Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) W laoo-Aw IJ ..............0.._ The ACORD name and logo are registered marks of ACORD Policy Number: CA000033399-05 CG 2010 0413 Effective Date: 02/01/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization that is an owner or manager of All locations at which the Named Insured isperforming real property or personal property on which you are per- ongoing operations. forming ongoing operations, or a contractor on whose be- half you are performing ongoing operations, but only if cov- erage as an additionalinsured is required by a written contract or written agreement that is an "insured contract", and provided the "bodily injury" or "property damage" first occurs, or the "personal and advertising injury" offense is first committed, subsequent to the execution of the contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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 "bodily injury", "property damage" or "personal and advertising injury" 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 insured(s) at the location(s) designated above. 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 additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CG 2010 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 2 [3 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. 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. CG 2010 0413 0 Insurance Services Office, Inc., 2012 Page 2 of 2 13 Policy Number: CA000033399-05 CG 20 37 0413 Effective Date: 02/01/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Or Organization(s) Completed Operations Any person or organization that is an owner or manager of All locations except locations where "your work" is or was real property or personal property for whom you work or related to a job or project involving single-family dwellings, have worked, or a contractor on whose behalf you work or multi -family dwellings (other than rental apartments in an have worked, but only if coverage as an additional insured apartment building: (a) originally constructed and at all times extending to "bodily injury" or "property damage" included used for such purpose, or (b) converted from a commercial in the "products -completed operations hazard" is required by building), condominiums, townhomes, townhouses, time - a written contract or written agreement that is an "insured share units, fractional -ownership units, cooperatives and/or contract" and provided that the "bodily injury" or "property t any other structure or space used or intended to be used as a damage" first occurs subsequent to the execution of the residence. contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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 "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". 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. CG 20 37 0413 0 Insurance Services Office, Inc., 2011 Page 1 of 1 13 Policy Number: CA000033399-05 AD 68 93 0117 Effective Date: 02/01/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCED COVERAGE (Commercial General Liability Coverage Form) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM I. AMENDED EXCLUSIONS NON -OWNED WATERCRAFT COVERAGE - Up to 55 feet SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Exclu- sion g. Aircraft, Auto or Watercraft, Paragraph (2) is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge; MEDICAL PAYMENTS — PRODUCTS -COMPLETED OPERATIONS HAZARD SECTION I — COVERAGES — COVERAGE C — MEDICAL PAYMENTS Exclusion f. Products -Completed Operations Hazard is deleted in its entirety. CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM EXCLUSION (LIMITED EXCEPTION FOR OPERATIONS AWAY FROM PROJECT LOCATION) The following exclusion is added to paragraph 2., Exclusions of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages): This insurance does not apply to "bodily injury" or "property damage" arising out of either your ongoing operations or opera- tions included within the "products -completed operations hazard" at any location for which a consolidated (wrap-up) insur- ance program has been provided by the prime contractor/project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated (wrap-up) insurance program: (1). Provides coverage identical to that provided by this Coverage Form; (2) Has limits adequate to cover all claims; or (3) Remains in effect. However, if the consolidated (wrap-up) insurance program does not provide coverage for your operations that are performed away from the location of the construction project, this exclusion will not apply. AD 68 93 0117 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 8 ❑ with its permission, 2009, 2012 & 2013. II. AMENDED COVERAGES KNOWLEDGE OF OCCURRENCE The following paragraph is added to Section IV — Commercial General Liability Conditions Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: Notice of an "occurrence" which may result in a claim under this insurance shall be given as soon as practicable after knowledge of the "occurrence" has been reported to you, one of your "executive officers", or any "employee" authorized by you to give or receive notice of an "occurrence". UNINTENTIONAL ERRORS AND OMISSIONS The following paragraph is added to Section IV — Commercial General Liability Conditions Paragraph 6. Representations: However, the unintentional omission of, or unintentional error in, any information given or provided by you shall not preju- dice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our right of cancellation or non -renewal. III. ADDED COVERAGES PERSONAL PROPERTY OF OTHERS IN YOUR CARE, CUSTODY OR CONTROL — LIMITED COVERAGE SCHEDULE Sub -Limits of Insurance: $10,000 Each Occurrence (Included in the Each Occurrence Limit shown in the Declarations) $10,000 Aggregate (Included in the General Aggregate Limit shown in the Declarations) The Sub -Limits of Insurance shown above are included within and not in addition to the Each Occurrence Limit and the General Aggregate Limit shown in the Declarations. Supplementary Payments will reduce the Each Occurrence and Aggregate Sub -Limits of Insurance shown above. It is agreed COMMERCIAL GENERAL LIABILITY COVERAGE FORM - SECTION I — COVERAGE A Exclusion j. (4) is deleted, but only with respect to personal property of others in the care, custody or control of the Named Insured, subject to the following exclusions, conditions and limitations. 1. Exclusions This insurance does not apply to: a. "Property damage" arising out of operations performed on behalf of the Named Insured by others; b. "Property damage" arising out of an "occurrence" at premises owned, rented, leased, operated, occupied or used by you; c. "Property damage" to property while in transit; d. "Property damage" arising out of any error, omission or deficiency in the design, specifications, workmanship or materials of the personal property in the Named Insured's care, custody or control; e. "Property damage" arising out of delay, loss of market, loss of use, loss of profits, or any similar indirect or conse- quential loss of any kind; f. "Property damage" included within the "products -completed operations hazard"; or g. Damages exceeding the actual cash value of the personal property in the care, custody or control of the Named In- sured at the time of the "occurrence." 2. Conditions Our right and duty to defend ends when we have used up the applicable sub -limit of insurance in the payment of judg- ments or settlements or Supplementary Payments under the insurance provided by this endorsement. AD 68 93 0117 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 8 13 with its permission, 2009, 2012 & 2013. 3. Limits of Insurance a. The amount we will pay for damages is limited as described below with respect to damages covered under this en- dorsement: (1) The Aggregate Limit shown in the Schedule is the most we will pay for the sum of all damages because of "property damage"; (2) The Each Occurrence Limit shown above is the most we will pay for the sum of all damages because of "prop- erty damage" arising out of any one "occurrence"; (3) Supplementary Payments will reduce the Each Occurrence and Aggregate Limits of Insurance shown in the Schedule; and (4) All sums we pay for damages or Supplementary Payments under this endorsement will reduce the Each Occur- rence Limit and the General Aggregate Limit shown in the Declarations. 4. Other Insurance This insurance is excess over any other valid and collectible Property or Inland Marine insurance available to you, either as a Named Insured or an Additional Insured, whether primary, excess, contingent or any other basis. PRIMARY AND NONCONTRIBUTORY — OTHER INSURANCE CONDITION (Insurance Services Office Endorsement CG 20 0104 13) The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek con- tribution from any other insurance available to the additional insured. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (Insurance Services Office Endorsement CG 24 04 05 09) SCHEDULE Name Of Person Or Organization: Any person or organization, but only if the following conditions are met: (1) You have expressly agreed to the waiver in a written contract; and (2) The injury or damage first occurs subsequent to the execution of the written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Condi- tions: 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 per- son or organization shown in the Schedule above. AD 68 93 0117 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 8 ❑ with its permission, 2009, 2012 & 2013. CONTRACTUAL LIABILITY — RAILROADS (Insurance Services Office Endorsement CG 24 17 10 01) SCHEDULE Scheduled Railroad: Any railroad, but only if the following conditions are met: a. You have expressly agreed to indemnify the railroad in a written contract entered into by you; and b. The injury or damage occurs subsequent to the execu- tion of the written contract. Designated Job Site: Any job site covered by this insurance where you are per- forming operations for or affecting a Scheduled Railroad. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applica- ble to this endorsement.) With respect to operations performed for, or affecting, a Scheduled Railroad at a Designated Job Site, the definition of "in- sured contract" in the Definitions section is replaced by the following: 9. "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with per- mission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a munici- pality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a munici- pality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liabil- ity that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or dam- age; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE' LIMIT (WITH TOTAL AGGREGATE LIMIT FOR COVERAGES A, B AND C) SCHEDULE Designated Construction Projects: All construction projects covered by this insurance. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applica- ble to this endorsement.) AD 68 93 0117 Includes copyrighted material of Insurance Services Office, Inc., with its permission, 2009, 2012 & 2013. Page 4 of 8 ❑ A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVER- AGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction pro- ject, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. However, the most we will pay under the Designated Construction Project General Aggregate Limit for all Desig- nated Construction Projects combined is $5,000,000 . 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in, the "products - completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such pay- ments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Des- ignated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVER- AGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can- not be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Desig- nated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to ap- ply as stipulated. IV. ADDITIONAL INSUREDS ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT — AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU (Insurance Services Office Endorsement CG 20 34 04 13) A. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agree- ment that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organiza- tions) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and AD 68 93 0117 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 8 ❑ with its permission, 2009, 2012 & 2013. 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional in- sured. A person's or organization's status as an additional insured under this endorsement ends when their contract or agree- ment with you for such leased equipment ends. B. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; 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. ADDITIONAL INSURED — MANAGERS OR LESSORS OF PREMISES (Insurance Services Office Endorsement CG 20 110413) SCHEDULE, Designation Of Premises (Part Leased To You): All premises leased to you and covered by this insurance. Name Of Person(s) Or Organization(s) (Additional Insured): Any person or organization that is a manager or lessor of real property, but only if coverage as an additional insured is re- quired by a written contract or written agreement that is an "insured contract", and provided the "bodily injury" or "prop- erty damage" first occurs, or the "personal and advertising injury" offense is first committed, subsequent to the execution of the contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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 arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or or- ganization(s) shown in the Schedule. 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. AD 68 93 0117 Includes copyrighted material of Insurance Services Office, Inc., Page 6 of 8 ❑ with its permission, 2009, 2012 & 2013. ADDITIONAL INSURED — MORTGAGEE, ASSIGNEE OR RECEIVER (Insurance Services Office Endorsement CG 2018 04 13) SCHEDULE Name Of Person(s) Or Organization(s) I Designation Of Premises Any person or organization that is a mortgagee, assignee or re- ceiver for a premises shown in this Schedule, but only if cov- erage as an additional insured is required by a written contract or written agreement that is an "insured contract", and pro- vided the "bodily injury" or "property damage" first occurs, or the "personal and advertising injury" offense is first commit- ted, subsequent to the execution of the contract or agreement. All premises covered by this insurance. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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 their liability as mortgagee, assignee, or receiver and arising out of the owner- ship, maintenance, or use of the premises by you and shown in the Schedule. 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. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. C. With respect to the insurance afforded to these additional insureds, the following is added to Section IH — 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. ADDITIONAL INSURED — TRADE SHOW SPONSOR — AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN AGREEMENT WITH YOU A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization who is a sponsor of a trade show where you are operating a booth or displaying your product, but only: 1. For injury or damage occurring at the trade show; and 2. When you and such person or organization have agreed in writing in a contract or agreement executed prior to the beginning of the trade show that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, while attending the trade show sponsored by this additional insured. AD 68 93 0117 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 8 ❑ with its permission, 2009, 2012 & 2013. A person's or organization's status as an additional insured under this endorsement ends when your attendance at the trade show ends. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury" or "property damage" arising out of "your work" or "your product" and included in the "products -completed operations hazard". 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. ADDITIONAL INSURED — STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION — PERMITS OR AUTHORIZATIONS (INSURANCE SERVICES OFFICE ENDORSEMENT CG 2012 04 13) SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Any state or governmental agency or'subdivision or political subdivision that has issued a permit or authorization for opera- tions performed by you or on your behalf. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured any state or governmental agency. or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. 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. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". 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. AD 68 93 0117 Includes copyrighted material of Insurance Services Office, Inc., Page 8 of 8 13 with its permission, 2009, 2012 & 2013. POLICY NUMBER: BAS57131811 COMMERCIAL AUTO AC 85 43 08 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state. COVERAGEINDEX SUBJECT PROVISION NUMBER ACCIDENTAL AIRBAG DEPLOYMENT 12 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 20 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 14 BODILY INJURY REDEFINED 24 EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 2 EXTRA EXPENSE -BROADENED COVERAGE 10 GLASS REPAIR- WAIVER OF DEDUCTIBLE 16 HIRED AUTO COVERAGE TERRITORY 22 HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 6 LOAN / LEASE GAP (Coverage Not Available In New York) 15 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 1 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 17 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM 13 PRIMARY AND NON-CONTRIBUTORY -WRITTEN CONTRACT OR WRITTEN AGREEMENT 23 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 18 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 19 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 21 SECTION 11 - LIABILITY COVERAGE is amended as follows: 1. NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION 11 - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or (3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy. © 2021 Liberty Mutual Insurance AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION 11 - LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured is amended to include the following as an "insured": e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": g. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto'; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit. The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 23, this policy is excess over any other collectible insurance. 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, Paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provi- sion is added: SECTION If - LIABILITY, Exclusion B.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss". This coverage is excess over any other collectible insurance. SECTION 111 - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if' Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": © 2021 Liberty Mutual Insurance AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 a. You hire, rent or borrow; or b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: a. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss'; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. e. This coverage extension does not apply to: (1) Any "auto" that is 'hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee's" household. Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss". 7. TOWING AND LABOR SECTION 111 - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks", we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500. 9. RENTAL REIMBURSEMENT SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those ex- penses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lesser vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance. © 2021 Liberty Mutual Insurance AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. g. The insurance provided under this extension is excess over any other collectible insurance. If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11.B. 10. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V - DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securi- ties. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION 111 - PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following: Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. 14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: Exclusions 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de- signed solely for the reproduction of sound, if the equipment is: (1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto'; and (2) Designed to be solely operated by use from the power from the "auto's" electrical system; and (3) Physical damage coverages are provided for the covered "auto". If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. © 2021 Liberty Mutual Insurance AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 7 15. LOAN / LEASE GAP COVERAGE (Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION 111 - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the 'loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the 'loss'; b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear; c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insur- ance purchased with the loan or lease; d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a'Balloon Loan'; f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto'; g. Security deposits not refunded by a lessor; h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto'; I. Any amount representing taxes; j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the 'loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the 'loss". This adjustment is not applicable in Texas. B. Additional Conditions This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the 'loss". C. SECTION V - DEFINITIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a 'loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A 'balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 16. GLASS REPAIR- WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 17. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to 'loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured'; b. Legally parked; and c. Unoccupied. © 2021 Liberty Mutual Insurance AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 18. TWO OR MORE DEDUCTIBLES Under SECTION III - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible : a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived. For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group. SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: 19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS , Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the incep- tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 20. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.2.a. is replaced in its entirety by the follow- ing: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) Member, if you are a limited liability company; (4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (a) How, when and where the "accident" or "loss" took place; (b) The "insured's" name and address; and (c) The names and addresses of any injured persons and witnesses. 21. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following: If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also. 22. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph B.7. Policy Period, Coverage Territory , is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured's" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. © 2021 Liberty Mutual Insurance AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. 23. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE- MENT The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". SECTION V - DEFINITIONS is amended as follows: 24. BODILY INJURY REDEFINED Under SECTION V - DEFINITIONS , Definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. 0 2021 Liberty Mutual Insurance AC 85 43 08 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC990410C (Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA BLANKET BASIS We have the right to recover ourpayments 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 calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver — Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium (prior to adjustments) All CA Operations This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Efrective: 02/01/2022 POlicyNo.:GTWC322697 Endorsement No.: Insured: Premium $ Insurance Company. Oak River Insurance Company Countersigned by WC 99 0410 C (Ed. 01-19)