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Wahlund Construction, Inc. 2022-06-01
COU 2122-242 CITY OF UKIAH Mendocino County, California AGREEMENT FOR FORD AND ORCHARD LIFT STATION REPLACEMENT Specification No. 22-02 THIS AGREEMENT,made this 1st day of June ,20 22 ,by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and Wahlund Construction,Inc. hereinafter called the Contractor, WITNESSETH: WHEREAS,the City has caused to be prepared in accordance with law,specifications,drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: Article 1. Work to be Done and Contract Days Allowed. That the Contractor shall provide all necessary machinery,tools,apparatus and other means of construction;shall furnish all materials,superintendence,overhead,expenses,all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer.The Contractor shall complete the work within twelve(21)calendar days.Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer. FORD AND ORCHARD LIFT STATION REPLACEMENT t� Spec.No.22-02 Article II. Contract Prices. That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor,for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract;for all loss or damage arising out of the nature of the work or from the action of the elements,or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work,as herein specified;for all liability and other insurance,for all overhead and other expenses incident to the work;all according to the Contract Drawings,the Special Provisions,the Details,the instructions and the requirements of the City. Article III. Labor Discrimination. Attention is directed to Section 1735 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, color,national origin or ancestry,or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows: (a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race,color,religion,ancestry,or national origin.The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry,or national origin.Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment,employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. (d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids,for revoking the Contractor's pre-qualification rating, if any and for refusing to establish, reestablish or renew a pre-qualification rating for the Contractor. The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. FORD AND ORCHARD LIFT STATION REPLACEMENT 44 Spec.No.22-02 Upon receipt of such written notice from the Fair Employment Practices Commission,the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period. (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract,then pursuant to Labor Code Section 1735 and 1775 the Contractor shall,as a penalty to the City,forfeit for each calendar day or portion thereof,for each person who was denied employment as a result of such non-compliance,the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor, The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law. (g) Prior to awarding the Contract,the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance,which shall be evaluated in each case by the awarding authority: (1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it. (2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees'referrals(including unions,employment agencies,advertisements,Department of Employment)of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law.The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (4) Personally,or through his or her representatives,the Contractor shall,through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will: a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment. (5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first-tier subcontract so that such provisions will be binding upon each such subcontractor. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid. FORD AND ORCHARD LIFT STATION REPLACEMENT 45 Spec.No.22-02 Article IV. Parts of the Contract. That the complete contract consists of the following documents, all of which shall be considered a part of this agreement. 1. Notice to Bidders 2. Wage Rates 3. General Conditions 4. Technical Specifications 5. Proposal 6. Fair Employment Practices Certification 7. Agreement 8. Contract Bonds 9. Contract Drawings and Construction Details 10. Standard Drawings 11. Indemnification Agreement IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this Ft", day of 20 2 2— CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: — Y MA CIT OF U H Attest: CITY CLERK, CITY OF UKIAH By: NTRACtTOR Cc s4r,.jc*rhon �N4. Attest: wahiv VXA Title: V• P. Of 0 V1 5 The foregoing contract is approved as to form and legality this ��° day of A L , 20 CITY A Y, city U I FORD AND ORCHARD LIFT STATION REPLACEMENT 46 Spec.No.22-02 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on Tune I 20__22_, by and between the City of Ukiah (Ukiah)and Wahlund Construction Inc. (Contractor). Contractor is performing work per Spec. 22-02 Ford and Orchard Lift Station Replacement for Ukiah. As a condition of issu'ing the work order: attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work. Accordingly, Contractor agrees as follows: 1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers,agents,and employees from and against any claim,loss,or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor's negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees. CONTRACTOR BY: 4� TITLE: V FORD AND ORCHARD LIFT STATION REPLACEMENT 47 Spec.No.22-02 Bond Premium: $1,941.00 CITY OF UKIAH Mendocino County, California BOND No. 107610503 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PREESNTS. THAT WHEREAS,the City of Ukiah. organized and operating under the laws of the State of California, (hereinafter referred to as the :'City") has awarded to Wahlund Construction, Inc. , (hereinafter referred to as the "Contractor) an agreement for Contract No.Spec. No.22-02 (hereinafter referred to as the"Project"), WHEREAS,the work to be performed by the Contractor is more particularly set forth in the Contract for the Project dated June lst. 2022 ,(hereinafter referred to,togetherwith all attachments and exhibits thereto,as "Contract Documents*).the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS. the Contractor is required by the Contract Documents to perform the terms thereof and to furnish a ,Nov HE the faithful performance of said Contract Documents. Tro elbrs�asualt FoRdEsurer ° Wahlund Construction, Iqc. the undersigned Contractor and as Surety,a corporation organized and duly authorized to transact business under b l �recQftw �f�r AleWfornia, are held firmly bound until the City in the sum of un re seventy- i e an 4SJ__($220.775.o0XX ),for which amount well and truly to be made,we bind ourselves. our heirs,executors and administrators, successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Contractor, his or its heirs, executors, administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenants,conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part,to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by the City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents,unless otherwise provided for in the Contract Documents,the above obligation shall hold good for a period of one(1)year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil Procedure Section 337,15, Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract FORD AND ORCHARD LIFT STATION REPLACEMENT 48 Spec.No.22-02 price,including other costs and damages for which Surety may be liable.The term"balance of the contract price"as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project,less the balance of the contract price,including other costs and damages for which Surety may be liable.The term"balance of the contract price"as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto. less any amount previously paid by the City to the Contractor and any other set offs by the City pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City,when declaring the Contractor in default,notifies Surety of the City's objection to Contractor's further participat,on in the completion of the Project, The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK) FORD AND ORCHARD LIFT STATION REPLACEMENTS Spec.No.22-02 IN WITNESS WHEREOF, we have hereunto set our hands and seals this 8th day of June 2022. (Corporate Seal) Wahlund Construction, Inc. Contractor/Principal By Title © U1 (Corporate Seal) Connenv of Ameerica d Surety Sur . 7 By Attorney-:n-Fact (Attach Attorney-in Fact Certificate) Titl nika L. Mott,Attorney In Fact The rate of premium on this bond is $8.80 per thousand.The total amount of premium charges is $ 1,941.00 (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: Travelers Casualty and Surety (Name and Address of Surety) Convany of America One Tower Square Hartford, CT. 06183 (Name and Address of Agent or George Petersen Insurance Agency Representative for service of process in A16 F Ctreat California, if different from above) Eureka,Ca.95501 (Telephone number of Surety and Agent 707-442-2971 or Representative for service of process in California) FORD AND ORCHARD LIFT STATION REPLACEMENT 50 Spec.No.22-02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the ocument to which this certificate 3s attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of HUMBOLDT ) On before me, JACQUELINE L. SMITH, NOTARY PUBLIC , D to Here Insert Name and Title of the Officer personally appeared DAN_IK_A L MOTT Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose nameO is/* subscribed to the within instrument and acknowledged to me that he/ executed the same in )Wher/Y"authorized capacity(INN,and that by D/her/M*signature( )on the instrument the person(14, 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. JACQUELINE L.sr~ITH WITNESS my hand and official seal. Notary Public-California Humboldt County1 JYO�4 Commission#2369669 `' �•"'� My Comm.Expires Aug 4,2025 ' Signature , ,i ignature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ _ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: . _ Signer's Name: Corporate icer — Title s): __.. ❑Corporate Officer — Titles): Partner —[Limited General q Partner - ❑ Limited General Individual Attorney in Fact LI Individual Attorney in Fact Trustee H Guardian or Conservator H Trustee HGuardian or Conservator Other: Other: Signer is Representing: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item rE5907 F Travelers Casualty and Surety Company of America w Travelers Casualty and Surety Company TRAVELERS I St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (here n collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Danika L.Mott of EUREKA . California their true and lawful Attomey(s)in Fact to sign, execute. seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executng or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law IN WITNESS WHEREOF,the Companies have caused this instrument to be signed.and their corporate seals to be hereto affixed,this 21st day of April 2021. 7/2 ��' eg��qj 001M 2 wwrAOAo, ' 1 Fg C.. State of Connecticut By. City of Hartford ss. Robert L Rane , enior Vice President On this the 21st day of April, 2021 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he as such, being authorized so to do executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer IN WITNESS WHEREOF,I hereunto set my hand and official seal My Commission expires the 30th day of June,2026 • W • 4airC6 P" J4 Anna P Nowik,Notary Public This Power of Attorney is granted under and by the authority of the fo lowing resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as folFows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond. recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the powe,given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance. or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary. or (b) duly executed (under seal. if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company off cers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice Pres-dent. any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bands and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and cert fled by such facsimile signature and facsim le seal shall be valid and binding on the Company in the future with respect to any bond or understand'ng to which it is attached. I, Kevin E. Hughes, the unders gned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains 4n full force and effect. Dated this 81th day of June 2022 �4p ARTFM B�Oaff t CONK f. Kevin E.Hughes Assn tant Secretary 3o verify the authenbcity of this power of Attorney,please cap us at 1-800-4214WO. Pi'ease refer to the above-named Attorneys)-in-Fact and the details of the bond to which this power of Attorney is aftached. Bond Premium: Included CITY OF UKIAH Mendocino County California PAYMENT BOND BOND No. 107610503 KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City of Ukiah ("City") has awarded to Wahlund Construction, Inc. ("Contractor/Principal") a contract (City Agreement No. Spec. No. 22-02 dated June 1st , 2022 , referred to as the "Agreement") for the work described as * The Agreement is incorporated by this reference into this Payment Bond ("Bond"); and *FORD AND ORCHARD LIFT STATION REPLACEMENT WHEREAS, Contractor/Principal is required to furnish a bond in connection with the Agreement and pursuant to California Civil Code section 9550; NOW, THEREFORE, we Wahlund Construction, Inc. the undersigned ContractorlPrincipal,and ** ("Surety"),a corporation organized and existing under the laws of the State of Connecticut and duly authorized to transact business under the laws of the State of California, as Surety, are held firmly bound until the City, and to any and all persons,companies,or corporations entitled by law to file stop payment notices under California Civil Code Section 9100, or any person, company, or corporation entitled to make a claim on this bond,in the sum of$220,775.00XX *** ,for which payment will and truly be made,we bind ourselves,our heirs,executors and administrators,successors and assigns,jointly and severally, firmly by these presents.**Travelers Casualty and Surety Company of America ***Two hundred twenty thousand seven hundred seventy-five and 00/100 THE CONDITION OF THIS OBLIGATION IS SUCH that if Contractor/Principal,its heirs,executors,administrators, successors,or assigns,or subcontractor,shall fail to pay any person or persons named in Civil Code section 9100; or fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code,with respect to work or labor thereon of any kind;or shall fail to deduct,withhold, and pay over to the Employment Development Department, any amounts required to be deducted,withheld,and paid over by Unemployment Insurance Code Section 13020 with respect to work and labor thereon of any kind, then Surety will pay for the same, in an amount not exceeding the amount herein above set forth,and in the event suit is brought upon this bond,also will pay such reasonable attorneys'fees as shall be fixed by the court,awarded and taxed as provided in California Civil Code Section 9550, et seq. It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change,extension of time for performance,addition,alteration or modification in,to,or of any contract,plans,or specifications,or agreement pertaining or relating to any scheme or work of improvement herein above described;or pertaining or relating to the furnishing of labor,materials,or equipment therefor;nor by any change or modification of any terms of payment or extension of time for payment pertaining or relating to any scheme or work of improvement herein above described; nor by any rescissions or attempted rescission of the contract,agreement or bond;nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond;nor by any fraud practiced by any person other than the claimant seeking to recover on the bond;and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is give; and under no circumstances shall the Surety be released from liability to those for whose benefit such bond has been given,by reason of any breach of contract between the Owner and Contractor/Principal or on the part of any oblige named in such bond;that the sole condition of recovery shall be that the claimant is a person described in California Civil Code section 9100, and who has not been paid the full amount of his or her claim; and that the Surety does hereby waive notice of any such change, extension of time, addition,alteration or modification herein mentioned, including but not limited to the provisions of section 2819 and 2845 of the California Civil Code. Any notice to Surety may be given in the manner specified in the Agreement and delivered or transmitted to Surety as follows: FORD AND ORCHARD LIFT STATION REPLACEMENT 51 Spec.No.22-02 Attn: Ryan Barsanti Address: 100 California Street,Suite 300 City/State/Zip- San Francisco,Ca. 94111 Phone: 415-732-8721 Pax: N/a Email. rbarsant@travelers.com IN WITNESS WHEREO,two identical counterparts of this Bond,each of which shall for all purposes be deemed an original thereof have been duly executed by Contractor/Principal and Surety above named, on the 8th day of June 12022 . Wahlund Construction, Inc. (SEAL) Contractor/Principal By Z,_J��2 antractor s Representative �0 fox (649t Contractor/Principal's Address tft 1 a 1 City,State,Zip (SEAL) Su,r r }r� flanika L. Mott,Attorney In Fact Su.ety's Representative 416 E Street Surety's Address Eureka,Ca.95501 City,State,Zip 707-442-2971 Telephone Number NOTE:Signatures of those executing for Surety must be properly acknowledged,The bond must be accompanied by a properly acknowledged Power of Attorney from the Surety authorizing its agent to bind it to this bond.A copy of such Power of Attorney must be in file with the City. FORD AND ORCHARD LIFT STATION REPLACEMENT 52 Spec.No.22-02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing th's certificate verities Only the identity of the individual who signed the document to which this certificate=s attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of HUMBOLDT _— ) On 4�_ before me, _ JACQUELINE L_ SMITH, NOTARY PUBLIC , Dati Here Insert Name and Title of the Officer personally appeared DANIKA L. MOTT _ Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name(d) is/Xlb subscribed to the within instrument and acknowledged to me that "she/&V4 executed the same in )Wher/!tW authorized capacity(idlio,and that by fallri/her/kft signature¢Q on the instrument the person(N, 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 f^, JACQUELINE L.SMITH is true and correct. Notary Pub!x-California Humbo,dt County WITNESS my hand and official seal. Comml551on#2369668 `' •' My Comm.Expires Aug 4,2025 Signature ignature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ _ . Signer's Name:El _. .. Corporate Icer — Title s): _.. ElCorporate Officer — Title s): _. I Partner —11Limited El General Partner — ❑ Limited aGeneral I Individual Attorney in Fact Individual Attorney in Fact �1 Trustee H Guardian or Conservator Trustee HGuardian or Conservator L1]Other: H Other: Signer Is Representing: Signer Is Representing: _ 02014 National Notary Association - www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item i'i5907 Travelers Casualty and Surety Company of America I w Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collective'y called the"Companies"),and that the Companies do hereby make,constitute and appoint Danika L.Mott of EUREKA , California . their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons guaranteeing the performance of contracts and execut ng or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April. 2021. t' %ift it COWL VA N, Slate of Connecticut By _,44de City of Hartford ss. Robert L Rane enior Vice President On this the 21st day of April, 2021, before me persona=ly appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such. being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer IN WITNESS WHEREOF,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2026 « W� * 9g! Anna P Nowik Notary Public This Power of Attorney is granted under and by the authority of the following resoutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows. RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senror Vice President, any Vice President,any Second Vice Pres dent, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity_ or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice Pres dent or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-m- Fact for purposes onty of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies which remains in full force and effect. Dated this 8th day of June 2022 # 2 xMnFM COWL KAL Kevin F Hughes.Assi tant Secretary To verify the aubhenhrcrty of this Power ofAttomey,please call us at 1-800-421-3880. Please refer to the above-named Attorneys)-in-fact and the details of the bond to which this Powerof Attorney is attached. WAH LCON-02 CDEVEA ACORO' CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDfYYYY) 6/8/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSIURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#OF84481 I VNTACT HAMS: Napa Valley Insurance Services,LLC PHONE FAX P.O.Box 2610 (A/C,No,Exy(707)252-9500 (Arc,No1:(707)252-4649 E-MAIL Napa,CA 94558 INSVRER(S)AFFORDING COVERAGE NAIL A ' INSURER A:Landmark American Ins.Co. 33138 _ INSURED -r :', IN INSURERB:OregOrl Mutual Insurance 14907 Wahlund CanSdCuotlon,trla ,.�� Inl�SURERCASUI Indemnity Company _-- .22314 PO Box 6q8 INSURER D:State Compensation- Ins.Fund 35076 Eureka,.G�A 02 �,� � }�— INSURER E:Westchester Surplus Lines 101.72_ _ -- -— '.';:. ,INSURER F:Underwriters at Lloyd's London 15792 COVERAGES C F MBER: REVISION NUMBER: THIS I$ TO CERTIFY THAT:'* E POL1�fFS.0 JRA�. 15 ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING AN . F&V ENT TE� T .CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR i 1nAIN. THE,1!J+dSUW Fc.AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SU`c 6i*L'ICIES.Lit ,S SHOWN, HAVE BEEN REDUCED BY PAID CLAIMS. INSR wfIADDL BFr. POLICY EFF POLICY E P LTRTYPE OF INSURANCE =' :POLIg1(NU BER LIMITS A X COMMERCIAL GENERAL LIABILITY Iry EACH OCCURRENCE $ 1,000,000 CLAIMS X OCCUR %'LHA;14J84ft-' 7125/2021 7(2512022 DAMAGE TO RENTED 5j0,000 XPREMISES(ES.oScurrencs) _ $ X $5,000 BIPD Ded MED EXP(Any one person) $_ 5,000 PERSONAL&ADV INJURY $ 1,000,000 ,: 2,000,000 GEN'L AGGREGATE Il�(IT;AP f P : xt:. GENERAL AGGREGATE S POLICY X 11111, � LCG'F PRODUCTS_COMPIOP AGG $ 2,000,000 �OTH _ x B AUTOMOBILE L R-((TY COMBINEDSINGLE LIMIT i 1,000,000 X ANY AUTO X CM0921659 -9�312011 -91 '2022 B07N Y IN LIRY.(PIr prr�pn) # OWNED -SCHEDULED + AUTOS ONLYtR - 4. UTOS S BODILY INJURYYAer eaadnN) t RE pyy p PROPER MADE X AUTOS ONLY X} S ONT-:r' ; 4i,� {Par a S r+ UMBRELLA LIAB X OCC13R x - - RENCE �>} 5,000,005 X EXCESS LIAB CLAIMi- -413E NHA2.52127 7125126$1 7125/20 ` A 5,000,000 DED X RETENTION$ 0 D WORKERS COMPENSATION p7 AND EMPLOYERS'LIABILITY �•-.+. ..,-.., +.-ry.-' _ M1�{L .^.'.'� �`x X'�S ATJf � ER�� ANY PROPRIETORIPARTNERIEXECUTIVE Y 1N X 91434$8.2021 101112021 '�01112022 'rz;L, ACC 1,000,000 OFFICERIMEMBER EXCLUDED') Y N r A ' 1,000,000 (Mandatory n ) E.I.fT:$�4gE $ If yyes,desrribe under ' ' DESCRIPTION OF❑P RATI N �' E L r315 I CY L '10001006 E Pollution Liability G• 7482223 712512021 712512 E2' Occur ti0e* r 1,000,000 F Professional Liab. US-0002302 81612021 8/6/2021 Earh Claim 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Sched4oe,f nUr.�F ticachKIf.i ore space Is required) RE:Ford and Orchard Lift Station Replacment,Spec 22-02 They City of Ukiah,its officials,officers,employees,and volunteers are name ddihlonal insured per the endorsements atti�phed: Primary Wording applies per the attached,.Waiver of Subrogation applies to the Workers Compensqj iPper the attached. Coverage shall not be canceled except after thirty(30)days prior written notice by certified mail,reeturn receipt requested to the City.-I!Pkiah. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ukiah THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 300 Seminary Avenue Ukiah,CA 95482-5400 AUTHORIZED REPRESENTATIVE Zie-o. - ACORD 25(2016/03) *1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PROD U.CTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM a. SCHEDULE Name of Person or Organization: Any Person or Organization As Required By Written Contract The following is added to, OCT 1V—CONDITIONS, 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US: M1 t.� We waive any right of recovery we ma ave against the person or organization shown in the SCHEDULE above because of payment we make for injury or damgge arising out of your ongoing operations, "your product" or"your work" done under a written con"act wiit'gi that person or organization and included in the "product-completed operations hazard'. This waiver applies one to the person or organization shown in the SCHEDULE above. Y r% } I' This endorsement effective 7/25/2021 forms part of Policy Number LHA141584 issued to WAHLUND CONSTRUCTION, INC. by Landmark American Insurance Company RSG 140481008 Includes copyrighted material of Insurance Services Office, Inc. 1992 with its permission. Policy Number: LHA141584 4. Other Insurance (3) When this insurance is excess over other If other valid and collectible insurance is available insurance, we will pay only our share of the to the insured for a loss we cover under amount of the loss, if any, that exceeds the Coverages A or B of this Coverage Part, our sum of: obligations are limited as follows: (a) The total amount that all such other a. Primary Insurance insurance would pay for the loss in the This insurance is primary except when absence of this insurance;and Paragraph b. below applies. If this insurance is (b) The total of all deductible and self- primary, our obligations are not affected unless insured amounts under all that other any of the other insurance is also primary. insurance. Then, we will share with all that other (4) We will share the remaining loss, if any, insurance by the method described in with any other insurance that is not Paragraph c.below. described in this Excess Insurance b. Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance (1) This insurance is excess over: shown in the Declarations of this Coverage (a) Any of the other insurance, whether Part. primary, excess, contingent or on any c, Method Of Sharing other basis: If all of the other insurance permits contribution (1) That is Fire, Extended Coverage, by equal shares, we will follow this method Builder's Risk, Installation Risk or also. Under this approach each insurer similar coverage for"your work'; contributes equal amounts until it has paid its (ii) That is Fire insurance for premises applicable limit of insurance or none of the loss rented to you or temporarily remains, whichever comes first. occupied by you with permission of If any of the other insurance does not permit the owner; contribution by equal shares, we will contribute (Ili) That is insurance purchased by you by limits. Under this method, each insurer's to cover your liability as a tenant for share is based on the ratio of its applicable "property damage" to premises limit of insurance to the total applicable limits of rented to you or temporarily insurance of all insurers. occupied by you with permission of 5, Premium Audit the owner; or (iv) If the loss arises out of the a. We will compute all premiums for this Coverage Part in accordance with our rules maintenance or use of aircraft, and rates. "autos"or watercraft to the extent not b. Premium shown in this Coverage Part as subject to Exclusion g. of Section I — Coverage A — Bodily Injury And advance premium is a deposit premium only. Property Damage Liability. At the close of each audit period we will compute the earned premium for that period (b) Any other primary insurance available to and send notice to the first Named Insured. you covering liability for damages The due date for audit and retrospective arising out of the premises or premiums is the date shown as the due date operations, or the products and on the bill. If the sum of the advance and audit completed operations, for which you premiums paid for the policy period is greater have been added as an additional than the earned premium, we will return the insured. excess to the first Named Insured. (2) When this insurance is excess, we will have c. The first Named Insured must keep records of no duty under Coverages A or B to defend the information we need for premium the insured against any "suit" if any other computation, and send us copies at such times insurer has a duty to defend the insured as we may request. against that "suit". If no other insurer defends, we will undertake to do so, but we 6. Representations will be entitled to the insured's rights By accepting this policy, you agree: against all those other insurers. a. The statements in the Declarations are accurate and complete; Page 12 of 16 0 Insurance Services Office, Inc.,2012 CG 00 01 0413 LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED BLANKET - YOUR WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Persowolreorgv tWn: -Any person or organization to whom or to which you are obligated by virtue 'of a written contract or by the issuance or existence of a written permit, to provide insurance such as is afforded by this policy. SECTION II - IS I. D is amended to include as an additional insured the person(s) or organization(s) shown in S ULEtAg only with respect to liability for"bodily injury", "property damage" or "personal and advertising.i: ause or in part, by: 1. Your acts or omissidt� r :_ 2. The acts or omissions of th actin yo half', in the performance of your ongol era ; andlo ur work" defined for the additional insured(s) designated above included in the"products-c {t S~3 erati zard". • x a I: r This endorsement effective 7/25/2021 forms part of Policy Number LHA141584 issued to WAHLUND CONSTRUCTION, INC. by Landmark American Insurance Company RSG 15017 0615 Includes copyrighted material of Insurance Services Office, Inc. 1984 with its permission Policy Number: LHA141584 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL CR RAL LIABILITY COVERAGE PART PRODUCTSL. .OM, LETED OPERATIONS LIABILITY COVERAGE PART The followj`* is 06 d Q" the Other Insurance (2) You have agreed in writing in a contract or Condition 'and sup `rsede. any sion to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Non a tr u ry In. ra.ce from any other insurance available to the i additional insured. This insurance is pry to an ti i1 r4o:. eek contribution from ther ins", .. P1 av� ble to an additional 1 sureq; :under' our icy provided that: (1) The additional insuretl�is a Narked Insured, under such other insuranb. ci } CG 20 01 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: LHA141684 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GSNSPAL LIABILITY COVERAGE PART. The General gregate Limit under LIMITS OF INSURANCE (SECTION III) applies separately to each of your projects away m premises owned by or rented to you. S . r 9 r CG 25 03 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0 Named Insured Endorsement Number Wahlund Construction Inc. Policy Symbol Policy Number Policy Period Effective,ram'---'Fndorsement CPW G-27482223-008 07/25/2021 TO 07/25/2022 07/25/2021 Issued By(Name of Insurance company) Westchester Surplus Lines Insurance Company Insert the policy number The remainder of the information isto be completed only when this endorsement is issued subsequent to the preparation of the policy, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you,wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations m applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: We waive any right of recovery we may have aga:nst 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 vvork done under a contract with that person or organization and included in the products-completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above All other terms and conditions remain the same. ENV 3143(03 05) Includes copyrighted mabena or insurance Services Office, Inc with its permission Page f of 1 Westchester A Chubb Company PRIMARY AND NONCONTRIBUTORY — OTHER INSURANCE CONDITION Named Insured Endorsement Number Wahlund Construction Inc. Policy Symbol Policy Number Policy Period Effvr►-Tate of Endorsement CPW G-27482223-008 07/25/2021 TO 07/25/2022 07/25/2021 Issued By(Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of tun pu ,. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTOR'S POLLUTION LIASILITYCOVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This policy is primary to, and will not seek contribution from,any other insurance available to an additional insured under this policy,provided that: a. The additional insured is a named insured under such other insurance;and b. The named insured has agreed in a written contract or agreement that this insurance would: (1) act as primary insurance;and (2)would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of this policy remain unchanged. ENV-3253(12-18) Includes copyrighted material of Insurance Services Office,Inc,with its permission Page l of 1 (266562.2) Westchester A Chuhh C',nmpany ADDITIONAL INSURED ENDORSEMENT— PRODUCTS-COMPLETED OPERATIONS IIA7.ARD Named Insured Endorsement Number Wahlund Construction Inc. Policy Symbol Policy Number Police Period Effective Date of Endorsement CPW G-2748223-008 07/25/2021 to 07/25/2022 07/25/2021 Issued By(Name of Insurance Company) Westchester Surplus Dines Insurance Company insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTORS POLLUTION LIABII,ITY COVERAGE PART SCHEDULE Name of Person or Organization:As required by written contract or agreement signed by both parties prior to a loss to which this insurance applies. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for injury or damage, to which this insurance applies, caused by or resulting from your work performed for that additional insured and included in the products-completed operations hazard, and only to the extent that such injury or damage is caused,in whole or in part,by your negligence or the negligence of those acting on your behalf. However: i. The insurance afforded to such additional insured only applies to the extent permitted by law;and z. 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 z. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. ENV-3251(12/18) Includes copyrighted material of Insnrance Services Office,Inc.with its permission Page 1 of 1 (221012.2) Westchester A Chubb rAwnpany ADDITIONAL INSURED ENDORSEMENT— ONGOING WORK OR OPERATIONS Named insured Endorsement Number Wahlund Construction Inc. P&W symbol. Policy Number Policy Period Eff—fl-Date of Endorsement CPW IG-27482223-008 07/25/2021 to 07/25/2022 : 07/25/2021 lssu By(Name of insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE: Name of Person(s)or Or¢anization(s):As required by written contract or agreement signed by both parties prior to a loss to which this insurance applies (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II-WHO IS AN INSURED is amended to include as an additional insured the persons or organizations shown in the Schedule,but only with respect to liability for injury or damage,to which this insurance applies,caused,in whole or in part,by: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insureds. However: it. The insurance afforded to such additional insured only applies to the extent permitted bylaw-,and 2. If coverage provided to the additional insured is required,by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds,the following exclusion is added: Exclusions This insurance does not apply to injury or damage occurring after: a. All work or operations,including materials,parts or equipment furnished in connection with such work or operations, on the project(other than service, maintenance or repairs) to be performed by you or on your behalf at the site of the covered operations has been completed;or b. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for the additional insured as a part of the same project ENV--325o(12/18) includes copyrighted material of Insurance Services Office,Inc.with its permission Page 1 of 2 (221012.1) Westchester A Chuhh Mrnpany C. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III—LDUFS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. ENV-325o (12/18) Includes copyrighted material of Insurance services Ofrm Inc.with its permission Page 2 of 2 (221012.1) POLICY NUMBER: CM0921659 aji� OREGON MUTUAL INSURANCE COMPANY M2855A(8-19) o COMMERCIAL AUTO CLUSTER ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. #- C COVERAGE SUMM Coverage is excess over any other valid and This is a summar ' . s provided by this collectible insurance. endorsement. 4. Employees as Insureds, Other Than Retail 1. Bail Bonfi .,........ ., .. ... .............I.................1 Delivery 2. Broadene Poll ott......,,,:..-..........:......:..............1 The following is added to Section II-Liability Coverage, A. Coverage, 1.Who Is An Insured: 3. Business Pro rtyof Others..,...:...:...................1 4. Employees as Insureds, {7fher'�han F�etalil An "employee" of yours is an "insured"while Delivery........................................... ............ 1 using a covered auto" you do not own, hire or 5. Glass Repair Deductib) � &ive. ......: �,:... 1. borrow in your business or your personal affairs. 6. Hired Auto Loss of Use.......... ... ,.....' 5. ,.�,.... However, this paragraph does not apply to 7. Hired Auto Physical Damage. � . ........,f.,:.....� "auto" used for retail delivery. 8. Loan Lease Gap .� 5. Glass Repair Deductible Waiver 9. Personal Effects...................... The following is added to Section III—Physical ......., . . ......... 10. Rental Reilly Or errfeOt [gage Coverage, A. Coverage, 3.a. Glass ......................... ...... age: 11. Towing....,,,,................ � '"""""""""""""""""" " No� ductible applies if glass damage is 12. AdditiWO1 Insured by Cohtract or Agreemen ;:' rather than replaced. 13. Waiver Of Subrogation.ley Contract` 6. HAu s of Use or Agr�ernent ' '............ 1. Bail Bons. e-ed III- ' -: ical Damage Coverage, A. ov {: erage Extensions, b. Loss Of Use Section II-U bilit , A. rage.2. Ex ast s� mince is re laced with: Coverage Extensioplemen*Payments, p pPara rah 2 Is reh the foi i in ever, the..:. wq-will pay for any expenses g p ( ) g' oss of u5 `'�s"$7 '�sr�ay, to a maximum of (2) Up to $2,5of b iF rids 0 ing ( ,000. bonds for rela"t d' I �d. lat required beta u Nf�n-1. ccid ,yvL e cov 7• Hired Av a.Physical..Damage We do not have to furnish th nds. The following Is.added#i�-' ectior)..l�l,-Rhysical Damage CoV , A. Coverage, 4. Coverage 2. Broadened Pollution , Extensions: . w,;° The following is added to Section:0-Liability Hired Auto Ph.ysl age IWO Coverage, B. Exclusions,91. Pollution: Paragraphs a. and b. above do not apply to If, Covered Auto nation Symbol.f or 8 -applies to Liability CIS ge, arto.iif t least one accidents"that occur away from premises ' covered "auto" you own N 06V0, W r owned by or rented to an Insured with respect to"pollutants"carried in or upon a covered Comprehensive or Specified'C�fuses of Loss it up to the first$1,000 of damage far any and Collision coverage, then the physical one"accident". damage coverage provided extends to those "autos"you lease, hire, rent or borrow.This 3. Business Property of Others does not include any"auto" you lease, hire, rent The following is added to Section II-Liability or borrow from any of your"employees", Coverage, B. Exclusions, 6. Care, Custody or partners (if you are a partnership), members (if Control: you are a limited liability company)or members This exclusion does not apply to "property of their households. The deductible will be equal damage"to property of others up to an amount to the highest deductible applicable to covered not exceeding $1,000 in any one"accident". "autos"you own. Includes copyrighted material of Insurance Services Office,Inc.,with is permission M2855A(8-19) Page 1 of 3 I-CRI FIRM The most we will pay under this coverage is This coverage does not apply while there the least of: are spare or reserve"autos" available to you 1. $50,000; or for your operations. 2. The actual value at the time of loss; or If"loss" results from the total theft of a covered auto of the private passenger 3. The cost of repairing or replacing the type, we will pay under this coverage only damaged or stolen property with other that amount of your rental reimbursement property of like kind or quality. expenses which is not already provided for 8. Loan Lease Gap under another Physical Damage Coverage The following is adder to Section III -Physical Extension. Damage Coverage, , Coverage: 11. Tow!no Loan Lea alp Ish Section III-Physical Damage Coverage, A. In the e f a toWl!' 0"to a covered "auto" Coverage, 2. Towing is replaced with the following: that is ered r Co pfehensive or Specified We will pay up to$100 for towing and labor Caus of Los� o11lsiof�the age, we will costs incurred each time a covered "auto" of the pay the "oil eta ingity �anc lease or private passenger or Light Local Service loan for that `overed'� ta'r $2,500. (0- 10,000 lbs. GVW)type is disabled. 9. Personal Effects However,the labor must be performed at the place of disablement. The following is addedQ Section III-Physic Damage Coverage, A. Coveram 4 C.overage 12. Additional Insured by Contract or Agreement Extensions: A. The following is added to Section 11-Liability Personal Effects Coverage, A. Coverage, 1. Who Is An Insured: For any owned "auto"that is '[ire a When you have agreed in a written contract covered-".Ioop ";gyve will pay up to for or agreement to include a person or " erso 1 f ` y.s"#hat are lost or damn e a °. ':., organization as an additional"insured", such P .v g.' . rest W the cov . "loss", without app t a person or organization is included as an d "Jictible. ,."insured" subject to the following: P'" f 1-r. Such person or organization is an 10. Rent . eimbursembnt ... 'tional "insured" only to the extent The fo aWng Is dded to Sectlor)rfll Physical a, � �,.... . s person or organization is liable for Damage"Cwe, A. CcV$.1age;. {; overage ily injury" or"property damage" Extensions: ' �_. .}`rJ ' ausefrt_he conduct of an "insured" :: Rental Reimbu�Sement underRtIfagr�{{n��hs a. or b. under Section If a covered "au "owned by you js covered for ll-a,'� Sil�y Go�ierage, Paragraph A.1. Comprehensive'gr Specified.M.ses of Loss. }�?!}� s An Insurod, caused by an and Collision covefaNe,-+ova-,NJI(-pay for rental .00CI&PA and re's1t)ting from the reimbursement expenses-incurrecA),mou for tH6 &nership.. TY�gintenan use of a rental of an "auto" because of"IrS" s'"� a covered "aAd and covered "auto". Payment applies. In additi0o.to, ;E 2. ThoWitten contFatt or agr� en the otherwise applicable amount of each desefl.l d abov.0.1 lust have#seen coverage you have on a covered "auto". No executed prior'l,o`the "accident"that deductibles apply to this coverage. caused the"bodily injury" or"property We will pay only for those expenses incurred damage"and be in effect at�-he time of during the policy period beginning 24 hours after such "accident"; ipnd the "loss" and ending, regardless of the policy's 3. The insurance afforded to any such expiration, with the lesser of the following additional "insured" does not apply to number of days: any"accident" beyond the period of time 1. The number of days reasonably required to required by the written contract or repair or replace the covered "auto". if"loss" agreement described above. is caused by theft, this number of days is B. The most we will pay on behalf of such added to the number of days it takes to additional "insured(s)" is the lesser of: locate the covered "auto"and return it to 1. The Limits of Insurance specified in the you, or written contract or agreement described 2. Up to $75 per day up to 30 calendar days. above; or Includes copyrighted material of Insurance Services Office,Inc.,with its permisslon M2855AA(8-19) Page 2 of 3 IEK 122.FSM 2. The Limits of Insurance shown in the 13. Waiver of Subrogation by Contract or Agreement Declarations. The following is added to Section IV— Business This provision shall not increase the Limit of Auto Conditions, A. Loss Conditions, Paragraph 5. Insurance shown in the Declarations in this Transfer Of Rights Of Recovery Against Others To policy or coverage part. Us: C. The following change is made to Section II— We waive any right of recovery we have against Liability Coverage, A. Coverage, 1.Who is An a person or organization because of payments Insured: we make for"bodily injury"or"property damage" Paragraph 1.c. is deleted in its entirety. when you and such person or organization have D. The following c es are made to Section IV— agreed in writing in a contract or agreement to Business Au tlitions, B. General waive such right of recovery, provided: Condition r grap. ' ther Insurance: 1. Such written contract or agreement was: I. Th wing . .a.. to Paragraph 5.a.: a. Made prior to the"accident"or"loss" ' resulting in the covered "bodily injury"or r ired •. t e.wr ten co ract or "property damage"; and ag eem scribe abo a insurance affords t e a. ition red" under b. Was in effect at the time of the covered this pro sion w .f ry to and will not "bodily injury"or"property damage". seek contributi f e adO 10 1 2. The covered "bodily injury" or"property "insured's"ow, ' ance. damage"must arise out of the operations 2. Paragraph 5. :.•I eleted in its entirety, „ specified in such written contract or E. Section V Definitions, "iriftl&contract"is agreement. amended to add the followir-)g� 3. At our request you must provide us with a An "insured contract"does not include that copy of the aforementioned written contract part.4 } ,y contract or agreOMOMI: or agreement. `i s to the ownership, Addl_hal Definitions },� mainten or use of an "auto d jk €lowi g Paragraphs are added to Section V— which in ifies a person or nitioq or anizat for other than the vic `" 9 C ,. i ffects"means your tangible property liability of such person or organizatio . �� ,at is r carried by you, except tools, fr dily injW �.--&1.prpperty damage" Iry y or securities. 5 ,{ ' �d b?Y,%tF apes f{ t ,cr use of a `:'= R. "r bal ce"means the amount you covered.�.:�ot6 . '<: ;..:� .:;.� Q ;or e leas.'pan at the time of the"loss" Mowev&r,'$person or or an ization is an l any ove lei oan payments, security addition "insured" unct tnis pr , isionosits nai urn he lessor, costs for only to tli ..extent su exson.or r. , �? etende s or lirrance purchased organizati+�rY% h. d { with t n o I e, or carry-over balances "insured" by sp e'en r ament t F. from p 'ous loa leases. this policy. + Includes copyrighted material of Insurance Services Office, Inc.,with its permission M2855A(8-19) Page 3 of 3 taRbar� ENDORSEMENT AGREEMENT STATE WAIVER OF SUBROGATION BLANKET BASIS 9143488-21 FUND RENEWAY, NA HOME OFFICE 3-60-04-02 SAN FRANCISCO PAGE 1 OF 1 EFFECTIVE OCTOBER 1, 2021 AT 12.01 A.M. ALLEFFECTIVE DATESAREAND EXPIRING OCTOBER 1, 2022 AT 12.01 A.M. AT 1201 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME WAHLUND CONSTRUCTION INC PO BOX 6486 EUREKA, CA 95502 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION BLANKET WAIVER OF FOR WHOM THE NAMED INSURED SUBROGATION HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAANFRFRANCISCO: September 29, 2021 AE ITHf1R17r-n RFPRFSFNT IVF PRFCIIIFNT amn rr-n 2572