Loading...
HomeMy WebLinkAboutGhilotti Construction Company, Inc. 2023-07-25 COU No. 0-��3 • O CITY OF UKIAH Mendocino County, California AGREEMENT FOR RECYCLED WATER PROJECT—PHASE 4 Specification No. 23-01 THIS AGREEMENT, made this . day of j L i 20 , by and between the City of Ghilotti Construction Company, Inc. Ukiah, Mendocino County, California, hereinafter called the City and 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 seven hundred and seven(707)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 RECYCLED WATER PROJECT—PHASE 4 47 Spec.No.23-01 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 RECYCLED WATER PROJECT--PHASE 4 49 Spec.No.23-01 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. 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. RECYCLED WATER PROJECT—PHASE 4 49 Spec. No.23-01 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. Performance Bond 9, Payment Bond 10. Special Provisions 11. Contract Drawings and Construction Details 12. Standard Drawings 13. Indemnification Agreement 14_ Addenda(numbers []to[], inclusive) 15. Exhibits to this Agreement: a. List of Proposed Subcontractors b. Non-Collusion Affidavit c. Bidding Schedule d. Statement of Experience of Bidder e. Signatures of Bidder f. Worker's Compensation Certificate g. Certification of Nondiscrimination in Employment h. List of Equipment Manufacturers i. Escrow Agreement for Security Deposits in Lieu of Retention 16. Notice to Proceed 17. Change Orders 18. Field Orders 19.Work Change Directives IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names w to be signed by authority of their duly authorized office this 'day of i. f , 20. . CITY OF UKIAH, ENDOCINO COUNTY, CALIFORNIA By. ITY MANAGER, TY OF KIAH Attest: CITY CLERK, CITY F KIAH By: CONTRACTOR Brian Ongaro, President RECYCLED WATER PROJECT—PHASE 4 50 Spec.No.23-01 Attest: 0,2z(�Ac Title: Laur dalgo, Contracts agnager The foregoing contract is approved as to form and legality this;z 1 day of z. 20-2- . x CITY AIV2RIT ' I RECYCLED WATER PROJECT—PHASE 4 51 Spec.No.23-01 k I E H I L 0 T T I1 since 1914 ��YJEAOS GHILOTTI CONSTRUCTION COMPANY,INC. CORPORATE RESOLUTION TO EXECUTE CONTRACTS WHEREAS, the Board of Directors (the "Board") of Ghilotti Construction Company, Inc., a California corporation (the "Corporation") deem it desirable and in the best interests of the Corporation to authorize the following Officers of the Corporation for the purpose of executing in the name of the Corporation, all bid documents, contract documents and contract bonds: Richard W. Ghilotti, Chief Executive Officer; Brian W. Ongaro, President and Secretary; Ali Yazdi, Executive Vice President of Public Works and Chief Operating Officer; Irving T. Huie, Chief Financial Officer and Treasurer; and Thomas Smith, Vice President of Estimating. NOW, THEREFORE, BE IT RESOLVED, that the Directors hereby approve and appoint Richard W. Ghilotti, Chief Executive Officer; Brian W. Ongaro, President and Secretary; Ali Yazdi, Executive Vice President of Public Works and Chief Operating Officer; Irving T. Huie, Chief Financial Officer and Treasurer; and Thomas Smith, Vice President of Estimating for the purpose of executing in the name of the Corporation, all bid documents, contract documents and contract bonds. RESOLVED FURTHER, that any and all actions taken by Richard W. Ghilotti, Brian W. Ongaro, Ali Yazdi, Irving T. Huie and Thomas Smith in executing said bid documents and Bidder's Bonds be, and they hereby are, ratified and approved, and all such Proposals and all such contracts and bonds and documents are hereby adopted as binding obligations of the Corporation. Secretary's Certification The Secretary of the Corporation hereby certifies that he is the duly elected and qualified Secretary of the Corporation and certifies that the above is a true and correct record of a Board resolution that was duly adopted by the Corporation's Board of Directors at a special meeting, which was duly and regularly called and held in all respects as required by law and by the Corporation's bylaws, and which was held on July 15, 2021. IN WITNESS WHEREOF, I have hereto set my hand as such Secretary and affixed the co rate seal of the said Corporation, this 15'h day of July, 2021. By:_ M — Brian garo, Secretary — Engineering Contractor — 246 GHILOTTI AVENUE•SANTA ROSA,CA 95407•707-585-1221 •FAX:707-585-0129 www.ghilotti.com STATE CONTRACTORS LICENSE N6W15 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on by and between the City of Ukiah(Ukiah) and Ghiiotti Construction Company, Inc. (Contractor). Contractor is Performing work in support for the Recycled Water Project Phase 4 Specification No.23-01 for Ukiah. As a condition of issuing 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: TITLE: Brian Ongaro, President RECYCLED WATER PROJECT—PHASE 4 52 Spec.No.23-01 CONTRACTOR/SUBCONTRACTOR WORKER CLASSIFICATION The California Department of Industrial Relations(DIR) requires a registration number for all contractors and subcontractors who perform work on public works projects as defined in Labor Code Section 1720. No contractor or subcontractor may be awarded a contract, on a public works project, unless registered with the Department of Industrial relations pursuant to Labor Code section 1725.5. Additionally, contractor and subcontractor are required to furnish electronic certified payroll record to the Labor Commissioner. Revise and resubmit if changes occur with subcontractors during project. Project No. Project Title 23-01 Recycled Water Project—Phase 4 Prime Contractor(All fields must be completed) Name of Prime Contractor f Prime Contractors License Number Prime Contractor's DIR Registration N Ghilotti Construction Company, Inc. I 644515 1000003044 Mailing Address(Street Number or P.O.Boil city State Zip Code 246 Ghilotti Avenue Santa Rosa CA 95407 Prime Contractors Telephone Number Prime Contractors Email Address (707)585-1221 tom@ghilotti.comm Project Manager(Name) Project Manager's Ema4 Address - Project Managers Phone Number Brad Barnes bradb@ghiiotti.com (707) 975-2171 Tvpe text here Prime Contractor's Worker Classifications(select classifications that apply) ❑ASBESTOS ❑ BOILERMAKER ❑ BRICKLAYERS [0 CARPENTERS ❑ CARPET/LINOLEUM Q CEMENT MASONS ❑ DRYWALL FINISHER ❑ DRYWALL/LATHERS ❑ ELECTRICIANS ❑ ELEVATOR MECHANIC ❑ GLAZIERS ❑ IRON WORKERS I7 LABORERS ❑ MILLWRIGHTS III OPERATING ENGINEER ❑ PAINTERS ❑ PILE DRIVER ❑ PIPE TRADES ❑ PLASTERERS ❑ ROOFERS ❑SHEET METAL ❑SOUND/COMM ❑SURVEYORS ®TEAMSTER ❑TILE WORKERS ❑Check this box to indicate there are no other subcontractors and agree to report any subcontractors if used while providing services to City of Ukiah. Prime contractor is to provide a listing of all sub-contractors who have a direct contractual relationship. (Only one subcontractor can be listed per trade). Subcontractor 1:(All fields must be completed) Name of Subcontractor Subcontractor's License Number subcontractors oIR Registration Number Full Bore, Inc, 1061459 PW-LR-10GO561508 Mailing Address(Street Number or P.O.Box} City State Zip Code PO Box 1771 Clovis CA 93613 Subcontractors Telephone Number Subcontractors Email Address Work to Be Performed Microtunnel Xing Bore&Jack (559)392-6417 kyled!.&fullhoredvbe.com Railroad Xing Bore&Jack Sub-Contractor's Worker Classifications(select classifications that apply) ❑ASBESTOS ❑ BOILERMAKER ❑ BRICKLAYERS ❑ CARPENTERS ❑CARPET/LINOLEUM ❑ CEMENT MASONS ❑ DRYWALL FINISHER ❑ DRYWALL/LATHERS ❑ ELECTRICIANS ❑ ELEVATOR MECHANIC ❑ GLAZIERS ❑ IRON WORKERS ® LABORERS ❑ MILLWRIGHTS ®OPERATING ENGINEER ❑ PAINTERS ❑ PILE DRIVER ❑ PIPE TRADES ❑ PLASTERERS ❑ ROOFERS ❑SHEET METAL ❑SOUND/COMM ❑ SURVEYORS ❑TEAMSTER ❑TILE WORKERS Subcontractor 2: (All fields must be completed) Name of Subcontracto Subcontractors License Number Subcontractors PIR Registration Number Bear State Construction 795997 PW-LR-1000874145 Mailing Address(Street Number or P.O.Box) city State Zip Code PO Box 1333 Sebastopol CA 95473 Subcontractor's Telephone Number Subcontractors Email Address Work to Be Performed (707)332-9091 bearstateco rr yahoo.com Eleutrical Building Sub-Contractor's Contractor's Worker Classifications(select classifications that apply) ❑ASBESTOS ❑ BOILERMAKER ❑ BRICKLAYERS M CARPENTERS ❑CARPET/LINOLEUM ❑ CEMENT MASONS ❑ DRYWALL FINISHER ❑ DRYWALL/LATHERS ❑ ELECTRICIANS ❑ ELEVATOR MECHANIC ❑GLAZIERS ❑ IRON WORKERS ❑ LABORERS ❑ MILLWRIGHTS ❑OPERATING ENGINEER ❑ PAINTERS ❑ PILE DRIVER ❑ PIPE TRADES ❑ PLASTERERS ❑ ROOFERS ❑SHEET METAL ❑SOUND/COMM ❑ SURVEYORS ❑TEAMSTER 13 TILE WORKERS Subcontractor 3: (All fields must be completed) Name of Subcontractor Subcontractors License Number Subcontractors nIR Registration Number Techno Coatings. Inc. 296517 1000005841 Mailing Address(Street Number or P.O.Box) City State Zip Code 785 E. Debra Lane Anaheim CA 92805 Subcontractors Telephone Number Subcontractors Email Address Work to Be Performed (714)635-1130 nick@technecoatings.com Painting&Coating Sub-Contractor's Contractor's Worker Classifications(select classifications that apply) ❑ASBESTOS ❑ BOILERMAKER ❑ BRICKLAYERS ❑CARPENTERS ❑ CARPET/LINOLEUM ❑ CEMENT MASONS ❑ DRYWALL FINISHER ❑ DRYWALL/LATHERS ❑ ELECTRICIANS ❑ ELEVATOR MECHANIC ❑GLAZIERS ❑ IRON WORKERS ® LABORERS ❑ MILLWRIGHTS ❑OPERATING ENGINEER ® PAINTERS ❑ PILE DRIVER ❑ PIPE TRADES ❑ PLASTERERS ❑ ROOFERS ❑SHEET METAL ❑SOUND/COMM ❑ SURVEYORS ❑TEAMSTER ❑TILE WORKERS Subcontractor 4: (All fields must be completed) Name of Subcontractor Subcontractors License Number Subcontractors OIR Registration Number Sonoma Reinforcing, Inc. 823619 1000013275 Mailing Address(Street Number or P.Q.Box) dv State Zip Code 10001 Old Redwood Highway Windsor CA 95492 Subcontractor's Telephone Number Subontractors Email Address Work to Be Performed (707)838-4328 grcg@sonom!rcinforcing.com Furnish&Install Rebar Sub-Contractor's Contractors Worker Classifications(select classifications that apply) ❑ASBESTOS ❑ BOILERMAKER ❑ BRICKLAYERS ❑CARPENTERS ❑ CARPET/LINOLEUM ❑CEMENT MASONS ❑ DRYWALL FINISHER ❑ DRYWALL/LATHERS ❑ ELECTRICIANS ❑ ELEVATOR MECHANIC ❑GLAZIERS © IRON WORKERS Q LABORERS ❑ MILLWRIGHTS ❑OPERATING ENGINEER ❑ PAINTERS ❑ PILE DRIVER ❑ PIPE TRADES ❑ PLASTERERS ❑ ROOFERS ❑SHEET METAL ❑SOUND/COMM ❑SURVEYORS ❑TEAMSTER 11 TILE WORKERS Subcontractor 5: (All fields must be completed) Name of Subcontractor Subcontractor'$License Number Subcontractors DIR Registration Number ON Tanks, Inc. 979914 1000005732 Mailing Address(Street Number or P.O.Box) City State Zip Code 351 Cypress Lane El Cajon CA 92020 Subcontractors Telephone Number Subcontractors Email Address Work to Be Performed 619-312-5581 antonio.hernandez@dntanks.com Recycled Water Storage Tank Sub-Contractor's Contractor's Worker Classifications(select classifications that apply) ❑ASBESTOS ❑ BOILERMAKER ❑ BRICKLAYERS ❑CARPENTERS ❑ CARPET/LINOLEUM ❑CEMENT MASONS ❑ DRYWALL FINISHER ❑ DRYWALL/LATHERS ❑ ELECTRICIANS ❑ ELEVATOR MECHANIC ❑GLAZIERS ❑ IRON WORKERS M LABORERS ❑ MILLWRIGHTS ❑OPERATING ENGINEER ❑ PAINTERS ❑ PILE DRIVER ❑ PIPE TRADES ❑ PLASTERERS ❑ ROOFERS ❑SHEET METAL ❑SOUND/COMM ❑SURVEYORS ❑TEAMSTER ❑TILE WORKERS Subcontractor 6: (All fields must be completed) Name of Subcontractor Subcontractors License Number Subcontractors DIR Registration Number Terracon Constructors, Inc. 562511 1000002920 WWIM4 Address(Street Number or P.O.Box) 6ty State Zip Code P.O. Box 276 Healdsburg CA 95448 Subcontractors Telephone Number Subcontractors Email Address Work to Be Performed 707-433-0323 estimating@terraconconstructors.com Mechanical Sub-Contractor's Contractor's Worker Classifications(select classifications that apply) ❑ASBESTOS ❑ BOILERMAKER ❑ BRICKLAYERS ❑CARPENTERS ❑CARPET/LINOLEUM ❑CEMENT MASONS ❑ DRYWALL FINISHER ❑ DRYWALL/LATHERS ❑ ELECTRICIANS ❑ ELEVATOR MECHANIC ❑ GLAZIERS ❑ IRON WORKERS ® LABORERS ❑ MILLWRIGHTS IN OPERATING ENGINEER ❑ PAINTERS ❑ PILE DRIVER ❑ PIPE TRADES ❑ PLASTERERS ❑ ROOFERS ❑SHEET METAL ❑ SOUND/COMM ❑SURVEYORS ❑TEAMSTER ❑TILE WORKERS Subcontractor 7: (All fields must be completed) Narnt of Subcontractor Subcontractor's license Number Subcontractors DIR Registration Number Mike Brown Electric Co. 306767 1000000469 Mailing Address(Street Number or P.O.Boxl City State Zip Code 561-A Mercantile Drive Cotati CA 94931 Subcontractors Telephone Number Subcontractors Email Address Work to Be Performed (707)792-8100 yuriy{rlImbelectric.corn Electrical Sub-Contractor's Contractor's Worker Classifications(select classifications that apply) ❑ASBESTOS ❑ BOILERMAKER ❑ BRICKLAYERS ❑ CARPENTERS ❑CARPET/LINOLEUM ❑ CEMENT MASONS ❑ DRYWALL FINISHER ❑ DRYWALL/LATHERS ® ELECTRICIANS ❑ ELEVATOR MECHANIC ❑ GLAZIERS ❑ IRON WORKERS ® LABORERS ❑ MILLWRIGHTS I@ OPERATING ENGINEER ❑ PAINTERS ❑ PILE DRIVER ❑ PIPE TRADES ❑ PLASTERERS ❑ ROOFERS ❑SHEET METAL ❑SOUND/COMM ❑SURVEYORS ❑TEAMSTER ❑TILE WORKERS Subcontractor 8:(All fields must be completed) Name of Subcontractor Subcontractors License Number Subcontractors DIR Registration Number Mailing Address(Street Number or P.O.Box) C,rT -Roe Np Copt I Subcontractors Telephone Number Subcontractors Email Address Work to Be Performed Sub-Contractor's Contractor's Worker Classifications(select classifications that apply) ❑ASBESTOS ❑ BOILERMAKER ❑ BRICKLAYERS ❑CARPENTERS ❑ CARPET/LINOLEUM ❑CEMENT MASONS ❑ DRYWALL FINISHER ❑ DRYWALL/LATHERS ❑ ELECTRICIANS ❑ ELEVATOR MECHANIC ❑GLAZIERS ❑ IRON WORKERS ❑ LABORERS ❑ MILLWRIGHTS ❑OPERATING ENGINEER ❑ PAINTERS ❑ PILE DRIVER ❑ PIPE TRADES ❑ PLASTERERS ❑ ROOFERS ❑SHEET METAL ❑SOUND/COMM ❑SURVEYORS ❑TEAMSTER 11 TILE WORKERS Premium is for Contract Term Bond 2 Premiuumm$237.36365.00 and is Subject to Adjustment Executed in Duplicate Based on Final Contract Price. CITY OF UKIAH Mendocino County,California PERFORMANCE BOND BOND No- 070221022 KNOW ALL PERSONS BY THESE PREESNTS. THAT WHEREAS, the City of Ukiah, organized and operating under the laws of the State of California, (hereinafter referred to as the"City")has awarded to Ghilotti Construction Company,Inc. (hereinafter referred to as the "Contractor") an agreement for Contract No. (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract for the Project dated June 22 2023 , (hereinafter referred to, together with all attachments and exhibits thereto, as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference;and WHEREAS,the Contractor is required by the Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents, NOW, THEREFORE, we, Ghilotti Construction Company,Inc-, the undersigned Contractor and Liberty Mutual Insurance Company, as Surety, a corporation organized and duly authorized to transact business FoityOFYvei4liition Kne�iundFed I'oYytTwn°f California, are held firmly bound until the City in the sum of Tflous w Eight Hundred Five 8 Nol100 ($ 45,942,805 00 ),for which amount well and truly to be made,we bind ourselves,our heirs,executors and administrators,successors and assigns,jointly and severally f rmly 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 RECYCLED WATER PROJECT-PHASE 4 53 Spec Nc.23-01 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 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 Csty 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 participation 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) RECYCLED WATER PR0J8CT—PHASE 4 54 Spec No 23-01 IN WITNESS WHEREOF,we have hereunto set our hands and seals this 26th day of June,2023 (Corporate Seal) Ghdotti Construction Company,Inc. Contractor/P p By pp Title &k .., D S- Aw O . kS►i 'A (Corporate Seal) Liberty Mutual Insurance Company Surety (;AB Attorney-in-Fact (Attach Attorney-In tract Certificate) Title Julie A.Shiroma,Attorney-In-Fact The rate of premium on this bond is$12.24151.401$5.871$5.36i$4.90 per thousand.The total amount of premium charges is$ 237,365.00 (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name and Address of Surety) Liberty Mutual Surety Claims 1001 4th Ave., Suite 3800 Seattle,WA 98154 (Name and Address of Agent or Liberty Mutual Surety Representative for service of process in 1610 Arden Way, Suite 299 California,if different from above) Sacramento,CA 95815 (Telephone number of Surely and Agent (925)979-6705- Ed Campos or Representative for service of process in California RECYCLED WATER PROJECT-PHASE 4 g Spec.No.23-01 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Placer County of } On June 26, 2023 before me, K. Hanley, Notary Public (insert name and title of the officer) personally appeared Julie A. Shiroma who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. • rti r K.HANLEY� Notary Public-California P!acer County Commission;Z384942 Con Expires vov 30,1015 Signature (SeaCorm This Power of Attomey limits the acts of those named herein,and they have no authority to 'tp bind the Company except in the manner and to the extent herein slated. Liberty Liberty Mutual Insurance Company Mutual The Ohio Casualty Insurance Company Certificate W.8208535-977"2 SURETY• West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Ins,Irance Company is a corporation duly organized under the laws of the Slate of New Hampshire.that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Slate of Massachusetts,and West American Insurance Company is a corporation duty organized under the laws of the Stale of Indiana(herein collectively caged the'Canpanies') pursianl to and by authority herein set forth,does hereby name,constitute and appoint, Alexis Estrada,Curtis A.Bowden,Dona Lisa Buschmann,Edward D Johnson,J.Buschmann.Julie A.Shiroma,K.Hanley,KathyRan gel,Lisa Wilson,Maggie Bender- Johnson,Roben D.Laue all of the city of Roseville state of CA each individua ly if there be more than one named.its true and awful attorney-in-fad to make, execute,seal acknowledge and delver,for and on its behalf as surety and as Is act and deed,any and all undertakings.bonds recognizances and other surety oblgaliorn in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto ibis 2nd day of August 2022 . Liberty Mutual Insurance Company ��tp+sUg4 -Y INS& N%Hsu,?q The Olio Casualty Insurance Company tiJ��,roq�r Nn yJ�°w°iyr' GP °x�r yin West American Insurance Company � 1912 � 0 1919 � 'Mu 1991 � d�a�aeHu+�aD� y��N�rP�a`o-aa0 +!s �am�N� aD3Q' Nf. C aw) . >� �H1 * ►d Ott . he+ By:. David M.Carey,Assistant Secretary Co Slate ofPENNSYLVANIA ss `h Counlyof MONTGOMERY U d On this 2nd d of August 2022 before me ay personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance15 �r a Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized se to do,execute the foregoing nstrumeni for the purposes '— W n therein contained by signing on behalf of the corporations by himself as a duly authorized officer S � tut WRNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year fist above written. �'2 tit e) yp, PAgl QE oc�wt F`e common-"th or PamsytvayP-Nw ry Saah O p° i(i Y Yeresa PCs rry q a ,ac p 0 2 of umn - Can Mr ,Pores es M rxa�28,2025 g _dN camYssnnnumbe.112-010 y Irl M°mpar Pv, ;)WF A*Wx pin d NWanes Teresa Paslela,Notary Public t5 15O OY` N This Power of Allomey is made and executed pursuant to and by authority of the following Bylaws and Aulhorizations of The Ohio Casualty Insurance Company,Liberty Mutual Insurance .� Comparry,and West American Insurance Company which resolutions are now in full force and effect reading as follows: ro ARTICLE IV-OFFICERS:Section 12.Power of Attorney. o w� � Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject la such limitation as the Chairman or the Presudenl � may prescribe,shall appoint such allorneys4ri-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surely any and all � undertakings,bonds,recognizances and other surety obligations.Such attorneys•indad,subject to the Imitations set forth in their respective powers of attorney,shall have full 0. power to bind the Corporation by their signature and execution ofany such instruments and to attach thereto the seal of the Corporation When so executed,such instruments shall Z c�i be as binding as if signed by the President and attested to by the Secretary.Any power of authority granted to any representative or attorney-n-fact under the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority ARTICLE XIII-Execution of Contracts:Section 5.Surety Bands and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman of the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and al undedakngs bonds.recognizances and other suety obligations.Such attomeys-in-fact subject to the Imitations set forth in their respective powers of attormey,shalt have lull power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shal be as binding as it signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such allomeys-in fact as may be necessary to ad on behalf of the Company to make,execute,seal,acknowledge and delver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Comparry in connection with surety bonds,sha i be valid and binding upon the Company with the same face and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company.and West American it-surance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and Correa copy of the Power of Attorney executed by sad Companies,is in full lace and effect and has not been revoked. IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seals of said Companies this 261h day of June 2023 �.JPoa°°,y'�ti+ °O�r4 . y J10 P°om e` 3 °o ad "ok� 1912 n c 1979 ., i 1991 d O By: & a4CNU9",dD ��"AMPS dD� 1S, ''your° aD3 Renee C.Llewellyn,Assistant Secretary LM&12873 LMIC G:IC WAIC Mu18 Co 02121 Bond 9070220122 Premium is for Contract Term Premium Included and is Subject to Adjustment Executed in Duplicate Based on Final Contract Price. CITY OF UKIAH Mendocino County, California PAYMENT BOND BOND No. 070220122 KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City of Ukiah ("City") has awarded to Ghiiotti Construction Company.Inc.("Contractor/Principal") a contract (City Agreement No. , dated June 22 2023 , referred to as the "Agreement") for the work described as "See Below . The Agreement is incorporated by this reference into this Payment Bond("Bond");and 'Recycled Water Project-Phase 4-Specification No.23-01 WHEREAS, ContractorlPrincipal is required to furnish a bond in connection with the Agreement and pursuant to California Civil Code section 9550: NOW, THEREFORE, we Ghilotti Construction Company, Inc. the undersigned Contractorl Principal, and Liberty Mutual Company.Inc.(-Surety"), a corporation organized and existing under the laws of the State of Massachusetts , and duly authorized to transact business under the laws of the State of California, as Surely, 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$ 45,942,805.00 forwhich payment will and truly 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 Contra ctorlPrincipal, 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,el 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, addilion, alteration or modification herein mentioned, including but not limited to the provisions of section 2819 and 2845 of the California Civil Code. RECYCLED WATER PROJECT—PHASE 4 se Spec No.23.01 Any notice to Surety may be given -:n the manner specified in the Agreement and delivered or transmitted to Surety as follows. Attn: Liberty Mutual Surety Clalms Address: 1001 4lh Ave,.,Suite 3800 City/State/Zip: Seattle,WA 95154 Phone: (206)473-6210 Fax, (866)547-4880 Email: HOSCL@Libertymutual.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 lhe26thday of June ,202 3. Ghilotti Construction Company, Inc. (SEAL) Contractor/Principal Contract Representative f►C '^gar° PNs. , t 246 Ghilotti Avenue Contractor/Principal's Address Santa Rosa,CA 95407 City.State,Zip Liberty Mutual Insurance Company (SEAL) Surety 1 tJ1,-*--- ` Sur y's Representative Julie A.Shiroma,Attorney-In-Fact 175 Berkeley Street Surety's Address Boston,FAA 02116 City,Slate,Zip Ed Campos-925-979-6705 Telephone Number NOTE: Signatures of those executing for Surety must be property 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, RECYCLED WATER PROJECT—PHASE 4 67 Spec No.23.01 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND 1. Individual sureties, partnerships,or corporations not in the surety business will not be acceptable. 2. The name of the Principal shall be shown exactly as it appears in the Contract. 3. The penal sum shall not be less than required by the Specifications. 4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual and state his place of residence. 5. If the Principal is a corporation, the bond shall be executed under its corporate seal. If the corporation has no corporate seal,it shall so state and affix a scroll or adhesive seal following the corporate name. 6. The official character and authority of the person(s)executing the bond for the Principal,if a corporation. shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal_ or copies attached to such records of the corporation as will evidence the official character and authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be true copies. 7. The current power-of-attorney of the person signing for the surety company must be attached to the bond. 6. The date of the bond must not be prior to the date of the Contract. 9, The following information must be placed on the bond by the surety company a. The rate of premium in dollars per thousand;and b. The total dollar amount of premium charged. 10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of the bond. 11. Type or print the name underneath each signature appearing on the bond. 12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart) intended for signing. RECYCLED WATER PROJECT—PHASE 4 5a Spec No.23.01 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Placer ) On June 26, 2023 before me, K. Hanley, Notary Public (insert name and title of the officer) personally appeared Julie A. Shiroma who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. , „,ry K.NaNLEY * � Votary Pubiic•California PlacerCounty commission n#2384942 My Comm.Expires Vov 30,2025 Signature (Seal) This Power of Attomey limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No:8208636-977442 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the Slate of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the taws of the State of Massachusetts,and West American Insurance Company is a corporation duty organized under the laws of the Slate of Indiana(herein collectively called the'Companies),pursuant to and by authority herein set forth,does hereby name,constilule and appoint, Alexis Estrada,Curtis A.Bowden,Dona Lisa Buschmann,Edward D.Johnson,J.Buschmann,Julie A Shlronna,K.Hanley,Kathy Ranget,Lisa Wilson,Maggie Bender- Johnson,Roberi D.Laux all of the city of Roseville stale of CA each indi idua ly if there be more than one named,its Inue and lawful attorney-in-fact to make. execute,seal acknowledge and delver,for and on its behalf as surety and as its ad and deed,any and all undertakings,bonds,reeognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secrelary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power or Attorney has been subscribed by an authorized officer or offiial of the Companies and the corporate seals of the Companies have been affixed thereto this 2nd day of_August , 2022 Liberty Mutual Insurance Company Pv Ttdsr/� PvtV INgV d tN3Ugq The Ohio Casually Insurance Company O� �cio oR°Oi4 aRto"POR+r'fin West American Insurance Companyt Fo �° ui 1912 o s 1919 c a 1991 a d� a,cNob"�aa °�►"�Mee'>•aD �ls koMx� as m David M.Carey,Assistant Secretary b`m Slate cfPENNSYLVANIA ss T c Countyof MONTGOMERY On this 2nd da of August 2022 before me personally appeared David M.Car who acknowledged himself to be the Assistant Secrets of Li Mutual Insurance o Y >_-- Por Y PPS Carey, Secretary -Ta Company.The Chio Casualty Company,and West American Insurance Company,and that he,as such.being authorized so to do,execute the foregoing instrument for the purposes 4- 1D> therein contained by signing on behalf of the corporations by himsell as a duly authorized officer. = IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. Q� 0� yp PAgI d Q� �'e ft COnwn"e"alth d Pe nsorallra•Notary Seal eitpi 0)O G,°l Z[ !,P TBrBsa PBSI NMarr R,tFc �] _ o m DF pnRisaion Mo expoaleryCar rWAJl/7 My pres Marts 78,2°25 By: Cam:s nem00I126061 e7.,,. ``I•hsrt'lr��c 110-9...P. Vlvaria x..«wan ofNwfcn �eresa Paslela.Notary Public rnN Oft n �� �v This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,liberty Mutual Insurance oQ 0.9 Company,and West American Insurance Canpanywhich resolutions are now in lull force and effect reading as follows: co W ARTICLE IV-OFFICERS:Section 12.Paver of Attorney. An oificeror other official of the Corporation authorized fa that purpose in writing y orpar g by the Chairman or the President,and subject to such limitation as the Chairman or the President � may prescribe,shall appoint such allomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety any and all �t y undertakings.bonds,recognizances and other surety obligations.Such alomeys-in-fad,subtext to the Imitations set forth in their respective powers of attorney,shall have full L3 power to bind the Corporation by their signature and execution of any such Instruments and to attach thereto the seat of the Corporation.When so executed,such instruments shall f4t Z c�i be as binding as it signed by the President and attested to by the Secretary.Any power or authority granted to any representative or allomey-n-fact under the provisions of this it404 article may be revoked at any lime by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ARTICLE Xtl-Execution of Contracts:Section 5.Surety Bands and Undertakings Any officer of the Company aul prized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such allomeys-in-lacl,as may be necessary to ad in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings. bonds,recognizances and other suety,obligations.Such attameys-in•fact subject to the Imitations set forth in Neer respective powers of attorney.shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneysan fad as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and delver as surely any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Companyconsents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any paver of attorney issued by the Company in connection with surely bonds,shall be valid and binding upon the Companywith the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casually Insurance Company,Liberty Mutual insurance Company,and West American Insurance Company do hereby certlfy that(he original power of attorney of which the foregoing is a full,[rue and correct copy of the Powerof Attorney executed by said Companies,is in kill face and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 261h day of June 2023 AaP T'°a W 'yC, ci,Pc°aP"i4�y `4P-0n°o,rZ�4 C. 3° 60, e3 +uc+ 43 ROA+ 1912 r, o s 1919` o 1991 0Ly� 's0 By. °#"�aaa� Renee C.Llewellyn,Assistant Secretary LMS 12$73 LMIC OCIC WAIC Multi Cc 02121 I } AC<? O® DATDIYYYI() y CERTIFICATE OF LIABILITY INSURANCE 06/23/2/23/2023 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 CA LIC OB29370 1-925-798-3334 CONTACT NAME: Sara Dorrisay Edgewood Partners Insurance Center (EPIC) PHONE 925-822-9009 FAX 925-887-6815 (Concord - Branch ID 154691 AtC No: E sarA.dorriee a iabrokers.cem P.O. Box $668 ADDRESS: YB p INSURERS AFFORDING COVERAGE NAIC N Concord, CA 94524 INSURER A: NATIONAL UNION FIRE INS CO OF PITTS 19445 INSURED INSURER B: NAVIGATORS SPECIALTY INS CO 36056 Ghilotti Construction Company, Inc. INSURER CILLINOIS UNION INS CO 27960 246 Ghilotti Avenue INSURER0: INSURER E: Santa Rosa, CA 95407 INSURERF: COVERAGES CERTIFICATE NUMBER: 69054127 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR 7ypE OF INSURANCE A L SU POLICY EFF POLICY EXP LTR POLICY NUMBER (MM1DD)YYYYl IMMIDDNYYYlLIMITS A X COMMERCIAL GENERAL LIABILITY X X GL9894974 04/01/23 04/01/24 EACH OCCURRENCE f 2,000,000 CLAIMS-MADE Fx I OCCUR PREMISES Ea occurrence f 500,000 MED EXP[Any one person) f 25.000 PERSONALSADV INJURY f 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE f 4,000,000 POLICY ff]jE'CT F-]LOC PRODUCTS-COMP/OPAGG f 4,000,000 OTHER: I S A AUTOMOBILE LIABILITY X X CA2970066 04/01/23 04/01/24 COMBINED SINGLE LIMIT S 2,000,OOD E accident) X ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per aocitlent) f X HIRED X NON-OWNED PROPERTY DAMAGE f IAUTOS ONLY AUTOS ONLY Per accident f B UMBRELLA LIAB X OCCUR LA23EXCZOAXPDIC 04/01/23 04/01/24 EACHOCCURRENCE f 5,000,000 N EXCESS LIAB CLAIMS-MADE AGGREGATE f 5,000,000 DED RETENTIONS f A WORKERSCOMPENSATION Y f N X WC80878253 04/01/23 04/01/24 X STATUTE ERH AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT f 1,000,000 OFFICERWEMBEREXCLUDED? NIA (Mandatory In NH) EX.DISEASE-EA EMPLOYEE f 11 000,OOD IT yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT f 1,000,000 C Professional Liability COOG21847800008 04/01/23 04/01/24 Per Act/Aggregate 5,000,000 C Pollution Liability COOG27847808008 04/01/23 04/01/24 Ea. Occ/Aggregate 10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) RE: GCC N6071. Recycled Motor Project- Phase 4- Specification N23-01. Additional Insured; The City of Ukiah, its officers, officials, employees and volunteers; and Design Engineer. When required by written contract, Additional Insured with Primary and Non-Contributory coverage applies to General Liability and Auto Liability and waiver of Subrogation applies to General Liability, Auto Liability, and workers Compensation, all as per the attached endorsements. 30 days notice of cancellation, as per the attached endorsements. CERTIFICATE HOLDER CANCELLATION GCC #6072 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ukiah THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 300 Seminary Avenue AUTHORIZEDREPRESENTA17VE Ukiah, CA 95482 USA 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016I03) The ACORD name and logo are registered marks of ACORD DorrifseyS 69054127 SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE oe/a3/aoas NAME OF INSURED: Ghilotti Construction Company, Inc. Additional Description of Opgrations/Remarks from Page 1 Additional Information: SUPP(05104) POLICY NUMBER: CA 297-00-66 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Co- verage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: GHILOTTI CONSTRUCTION COMPANY, INC. Endorsement Effective Date: 04/01/2023 SCHEDULE Name Of Person(s) Or Organization(s): Y AS REQUIRED PER WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule of Section II - Covered Autos Liability Coverage in is an "insured" for Covered Autos Liability Cover- the Business Auto and Motor Carrier Coverage age, but only to the extent that person or organ Forms and Paragraph D.2. of Section I - Covered ization qualifies as an "insured" under the Who Is Autos Coverages of the Auto Dealers Coverage An Insured provision contained in Paragraph A.I. Form. CA 20 48 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 ENDORSEMENT # This endorsement, effective 12:01 A.M. 04/01/2023 forms a part of Policy No.CA 297-00-66 issued to GHILOTTI CONSTRUCTION COMPANY, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF P I TTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. Authorized Representative 107414 (0311 1) Page 1 ENDORSEMENT This endorsement,effective 12:01A.M. 04/01/2023 forms a part of policy No. CA 297-00-66 issued to GHILOTTI CONSTRUCTION COMPANY, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF P I TTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is amended by the addition of the following sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident. We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. All other terms and conditions remain unchanged. Authorized Representative or Countersignature (in States Where Applicable) 74445 (10/99) ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2023 forms a part of policy No. CA 297-00-66 issued to GHILOTTI CONSTRUCTION COMPANY, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA 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: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recover we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss" if: (1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization: and (2) The contract or agreement was entered into prior to any "accident" or "loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee. AUT ORIZED REPRESENTATIVE 62897 (6195) ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2023 forms a part of policy No.GL 989-49-74 issued to GHILOTTI CONSTRUCTION COMPANY, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF P I TTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LIMITS OF INSURANCE (Per Project or Per Location Aggregate Limit) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM I. Your policy is amended to include either a Per Project General Aggregate Limit, a Per Location General Aggregate Limit or a Per Project and Per Location General Aggregate Limit. Please select only one of the following: I x] Per Project General Aggregate Limit $ 4,000,000 I ] Per Location General Aggregate Limit $ 1 Per Project and Per Location General Aggregate Limit $ IF NEITHER OF THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID. IF MORE THAN ONE OF THE THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID. II. SECTION III - LIMITS OF INSURANCE , is amended to include the following: 1. The Limits of Insurance and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under CoverageC; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the products-completed operations hazard"; and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under CoverageC 86681 (9/04) Page 1 of 2 because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to 5. above, the Damage to Premises Rented To You Limit is the most we will pay under Coverage A because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. Subject to 2., 4., 5., 6., and/or 7. above, the Per Project Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum of: a. Damages under Coverage A; b. Damages under Coverage B; and c. Medical Expenses under CoverageC arising out of any single Project described above. 9. Subject to 2., 4., 5., 6., and/or 7. above, the Per Location Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum of: a. Damages under Coverage A; b. Damages under Coverage B; and c. Medical expenses under CoverageC arising out of the any single Location described above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. III. The Limits of Insurance shown in the Declarations are deleted in their entirety and replaced by the Limits of Insurance set forth below. Limits of Insurance General Aggregate Limit $ 10,000,000 Each Occurrence Limit $ 2,000,000 Products-Completed Operations Aggregate Limit $ 4,000,000 Personal & Advertising Injury Limit $ 1 ,000,000 Damage to Premises Rented to You $ 500,000 Medical Expense Limit $ 25,000 Per Project General Aggregate Limit, Per Location $ 4,000,000 General Aggregate Limit or Per Project and Per Location General Aggregate Limit IV. SECTION V - DEFINITIONS, is amended to include the following: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway, or right-of-way railroad. All other terms and conditions of this policy remain the same. Auth rized Representative or Countersignature {in States Where Applicable) 86681 (9/04) Page 2 of 2 POLICY NUMBER: GL 989-49-74 COMMERCIAL GENERAL LIABILITY CG20101219 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 WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTACT OR AGREEMENT YOU HAVE ENTERED INTO. 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", This insurance does not apply to "bodily injury" property damage' or "personal and advertising or "property damage" occurring after: injury" caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on work, on the project (other than service, your behalf; maintenance or repairs) to be performed by in the performance of your ongoing operations or on behalf of the additional insured(s) at for the additional insured(s) at the location(s) the location of the covered operations has designated above. been completed; or However: 2. That portion of "your work" out of which 1. The insurance afforded to such additional the injury or damage arises has been put to insured only applies to the extent permitted its intended use by any person or by law; and organization other than another contractor or subcontractor engaged in performing 2. If coverage provided to the additional operations for a principal as a part of the insured is required by a contract or same project. 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. CG 20 10 12 19 ® Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section Ill - Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most applicable limits of insurance. we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 0 Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: GL989-49-74 COMMERCIAL GENERAL LIABILITY CG20371219 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) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. 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 B. With respect to the insurance afforded to these include as an additional insured the personlsl or additional insureds, the following is added to organizationisy shown in the Schedule, but only Section III — Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, required by a contract or agreement, the most by "your work" at the location designated and we will pay on behalf of the additional insured described in the Schedule of this endorsement is the amount of insurance: performed for that additional insured and included in the "products-completed operations 1• Required by the contract or agreement; or hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law; and applicable limits of insurance. 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. CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 Policy #GL9894974 or organization for care, loss of services or M Any statute, ordinance or regulation death resulting at any time from the "bodily relating to the sale, gift, distribution injury". or use of alcoholic beverages. 2. Exclusions This exclusion applies even if the claims This insurance does not apply to: against any insured allege negligence or a. Expected Or Intended Injury other wrongdoing in: (a)The supervision, hiring, employment, "Bodily injury" or "property damage" ex- training or monitoring of others by pected or intended from the standpoint of that insured; or the insured. This exclusion does not apply to "bodily injury" resulting from the use of (b)Providing or failing to provide trans- reasonable force to protect persons or Aorta#ion with respect to any person property. that may be under the influence of al- b. Contractual Liability cohol; "Bodily injury" or if the "occurrence" which caused the "bodily y y "property damage" for injury" or "property damage", involved that which the insured is obligated to pay dama- which is described in Paragraph (1), (2) or ges by reason of the assumption of liability (3) above. in a contract or agreement. This exclusion does not apply to liability for damages: However, this exclusion applies only if you are in the business of manufacturing, distri- (1)That the insured would have in the ab- buting, selling, serving or furnishing al- sence of the contract or agreement; or coholic beverages. For the purposes of this (2)Assumed in a contract or agreement that exclusion, permitting a person to bring al- is an "insured contract", provided the coholic beverages on your premises, for "bodily injury" or "property damage" consumption on your premises, whether or occurs subsequent to the execution of not a fee is charged or a license is required the contract or agreement. Solely for the for such activity, is not by itself considered purposes of liability assumed in an the business of selling, serving or furnishing "insured contract", reasonable attorneys' alcoholic beverages. fees and necessary litigation expenses d. Workers' Compensation And Similar Laws incurred by or for a party other than an insured are deemed to be damages Any obligation of the insured under a because of "bodily injury" or "property workers' compensation, disability benefits or damage", provided: unemployment compensation law or any similar law. (a) Liability to such party for, or for the cost of, that party's defense has also e. Employer's Liability been assumed in the same "insured "Bodily injury" to: contract"; and {1)An "employee" of the insured arising out (b) Such attorneys' fees and litigation of and in the course of: expenses are for defense of that party (a) Employment by the insured; or against a civil or alternative dispute resolution proceeding in which lb)Performing duties related to the con- damages to which this insurance duct of the insured's business; or applies are alleged. (2)The spouse, child, parent, brother or c. Liquor Liability sister of that "employee" as a con- "Bodily injury" or "property damage" for sequence of Paragraph(1) above. which any insured may be held liable by This exclusion applies whether the insured reason of: may be liable as an employer or in any other capacity and to any obligation to share {1)Causing or contributing to the damages with or repay someone else who intoxication of any person; must pay damages because of the injury. (2)The furnishing of alcoholic beverages This exclusion does not apply to liability to a person under the legal drinking assumed by the insured under an "insured age or under the influence of alcohol; contract". or Page 2 of 16 0 Insurance Services Office, Inc., 2012 CG 00 01 04 13 13 ENDORSEMENT# This endorsement, effective 12:01 A.M.04/01/2023 forms a part of Policy No.GL 989-49-74 issued to GHILOTI-I CONSTRUCTION COMPANY, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF P I TTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holders)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation Ithe "Advice") via e-mail to each such Certificate Holders within 30 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that thelnsurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. Authorized Representative 107414 (03/1 1) Page 1 POLICY NUMBER: GL 989-49-74 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2)You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: 11)The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: GL 989-49-74 COMMERCIAL GENERAL LIABILITY CG 24 17 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY - RAILROADS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad: Designated Job Site: ANY RAILROAD ORGANIZATION WHOM HAS GRANTED YOU AN EASEMENT FOR ANY JOB SITE TO PERMIT YOU TO PERFORM WORK AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to operations performed for, or another party to pay for "bodily injury" or affecting, a Scheduled Railroad at a Designated "property damage" to a third person or Job Site, the definition of "insured contract" in the organization. Tort liability means a liability Definitions section is replaced by the following: that would be imposed by law in the 9. "Insured Contract" means: absence of any contract or agreement. a. A contract for a lease of premises. However, Paragraph f. does not include that part of any that portion of the contract for a lease of contract or agreement: premises that indemnifies any person or organization for damage by fire to premises (1)That indemnifies an architect, engineer or sur- while rented to you or temporarily occupied veyor for injury or damage arising out of: by you with permission of the owner is not la) Preparing, approving or failing to prepare or an "insured contract"; approve maps, shop drawings, opinions, re- b. A sidetrack agreement; ports, surveys, field orders, change orders or drawings and specifications; or c. Any easement or license agreement; (b)Giving directions or instructions, or failing to d. An obligation, as required by ordinance, to give them, if that is the primary cause of the indemnify a municipality, except in injury or damage; connection with work for a municipality; (2)Under which the insured, if an architect, e. An elevator maintenance agreement; engineer or surveyor, assumes liability for an in- f. That part of any other contract or agreement jury or damage arising out of the insured's pertaining to your business (including an in- rendering or failure to render professional demnification of a municipality in connection services, including those listed in Paragraph (1) with work performed for a municipality) above and supervisory, inspection, architectural under which you assume the tort liability of or engineering activities. CG 24 17 10 01 0 ISO Properties, Inc., 2000 Page 1 of 1 ❑ Policy#GL 989-49-74 primary, our obligations are not affected un- self-insured amounts under all that less any of the other insurance is also other insurance. primary. Then, we will share with all that (4)We will share the remaining loss, if any, other insurance by the method described in with any other insurance that is not Paraaraoh c. below. described in this Excess Insurance pro- b. Excess Insurance vision 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 (a) Any of the other insurance, whether Coverage Part. primary, excess, contingent or on any c. Method Of Sharing other basis: (i) That is Fire, Extended Coverage, If all of the other insurance permits contri- Builder's Risk, Installation Risk or bution by equal shares, we will follow this similar coverage for "your work"; method also. Under this approach each insurer contributes equal amounts until it 00 That is Fire insurance for premises has paid its applicable limit of insurance or rented to you or temporarily occu- none of the loss remains, whichever comes pied by you with permission of the first. owner; If any of the other insurance does not permit (iii)That is insurance purchased by contribution by equal shares, we will contri- you to cover your liability as a bute by limits. Under this method, each tenant for "property damage" to insurer's share is based on the ratio of its premises rented to you or tempo- applicable limit of insurance to the total rarily occupied by you with per- applicable limits of insurance of all insurers. mission of the owner; or S. Premium Audit (iv)lf the loss arises out of the main- a. We will compute all premiums for this tenance or use of aircraft, "autos" Coverage Part in accordance with our rules or watercraft to the extent not and rates. subject to Exclusion g. of Section I - Coverage A - Bodily Injury And b. Premium shown in this Coverage Part as Property Damage Liability. advance premium is a deposit premium only. At the close of each audit period we will (b) Any other primary insurance available compute the earned premium for that period to you covering liability for damages and send notice to the first Named Insured. arising out of the premises or opera- The due date for audit and retrospective tions, or the products and completed premiums is the date shown as the due date operations, for which you have been on the bill. If the sum of the advance and added as an additional insured. audit premiums paid for the policy period is 12)When this insurance is excess, we will greater than the earned premium, we will have no duty under Coverages A or B to return the excess to the first Named Insured. defend the insured against any "suit" if c. The first Named Insured must keep records any other insurer has a duty to defend of the information we need for premium the insured against that "suit". If no computation, and send us copies at such other insurer defends, we will undertake times as we may request. to do so, but we will be entitled to the insured's rights against all those other 6. Representations insurers. By accepting this policy, you agree: (3)When this insurance is excess over other a. The statements in the Declarations are accu- insurance, we will pay only our share of rate and complete; the amount of the loss, if any, that b. Those statements are based upon re- exceeds the sum of: presentations you made to us; and (a) The total amount that all such other c. We have issued this policy in reliance upon insurance would pay for the loss in the absence of this insurance; and Your representations. 7. Separation Of Insureds (b)The total of all deductible and Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in Page 12 of 16 0 Insurance Services Office, Inc., 2012 CG 00 01 04 13 this Coverage Part to the first Named Insured, 4. "Coverage territory" means: this insurance applies: a. The United States of America (including its a. As if each Named Insured were the only territories and possessions), Puerto Rico and Named Insured; and Canada; b. Separately to each insured against whore b. International waters or airspace, but only if claim is made or "suit" is brought. the injury or damage occurs in the course of 8. Transfer Of Rights Of Recovery Against Others travel or transportation between any places To Us included in Paragraph a. above; or If the insured has rights to recover all or part of c. All other parts of the world if the injury or any payment we have made under this damage arises out of: Coverage Part, those rights are transferred to (1)Goods or products made or sold by you us. The insured must do nothing after loss to in the territory described in Paragraph a. impair them. At our request, the insured will above; bring "suit" or transfer those rights to us and 12)The activities of a person whose home is help us enforce them. in the territory described in Paragraph a. 9. When We Do Not Renew above, but is away for a short time on If we decide not to renew this Coverage Part, your business; or we will mail or deliver to the first Named In- (3)"Personal and advertising injury" offenses sured shown in the Declarations written notice that take place through the Internet or of the nonrenewal not less than 30 days before similar electronic means of communi- the expiration date. cation; If notice is mailed, proof of mailing will be suffi- provided the insured's responsibility to pay cient proof of notice. damages is determined in a "suit" on the me- SECTION V - DEFINITIONS rits, in the territory described in Paragraph a. 1. "Advertisement" means a notice that is broad- above or in a settlement we agree to. cast or published to the general public or speci- 5. "Employee" includes a "leased worker". fic market segments about your goods, pro- "Employee" does not include a "temporary ducts or services for the purpose of attracting worker". customers or supporters. For the purposes of 6. "Executive officer" means a person holding any this definition: of the officer positions created by your charter, a. Notices that are published include material constitution, bylaws or any other similar placed on the Internet or on similar elec- governing document. tronic means of communication; and 7. "Hostile fire" means one which becomes un- b. Regarding web sites, only that part of a web controllable or breaks out from where it was in- site that is about your goods, products or tended to be. services for the purposes of attracting custo- 8. "Impaired property" means tangible property, mers or supporters is considered an adver- other than "your product" or "your work", that tisement. cannot be used or is less useful because: 2. "Auto" means: a. It incorporates "your product" or "y our a. A land motor vehicle, trailer or semitrailer work" that is known or thought to be defec- designed for travel on public roads, including tive, deficient, inadequate or dangerous; or any attached machinery or equipment; or b. You have failed to fulfill the terms of a cont- b. Any other land vehicle that is subject to a ract or agreement; compulsory or financial responsibility law or if such property can be restored to use by the other motor vehicle insurance law where it is repair, replacement, adjustment or removal of licensed or principally garaged. "your product" or "your work" or your fulfilling However, "auto" does not include "mobile the terms of the contract or agreement. equipment". 9. "Insured contract" means: 3. "Bodily injury" means bodily injury, sickness or a. A contract for a lease of premises. However, disease sustained by a person, including death that portion of the contract for a lease of resulting from any of these at any time. premises that indemnifies any person or CG 00 01 04 13 0 Insurance Services Office, Inc., 2012 Page 13 of 16 0 POLICY NUMBER: GL 989-49-74 COMMERCIAL GENERAL LIABILITY CG24041219 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Persons] Or Organization(s): PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 04/02/2023 forms a part of Policy No. WC 808-78-253 Issued to GHILOTTI CONSTRUCTION COMPANY, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF P I TTSBURGH, PA. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE NAMED INSURED (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3, the Insurer received this information after the Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after the Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1. Named Insured means the insured first named employer in Item i of the Information Page of this policy. 2. Insurer means the insurance company shown in the header on the Information Page of this policy. All other terms, conditions and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE WC 99 00 56 (Ed. 04/11) BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date Is indicated below. (The fofowing "attach ng clause" need be completed only when th s endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 04/02/2023 forms a part of Policy No. WC 808-78-253 Issued to GHILOTTI CONSTRUCTION COMPANY, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2.00 % of the total estimated workers compensation premium for this policy. WC 04 03 61 Countersigned b 9 Y (Ed. 11190) Authorized Representative Premium is for Contract Term Bond 2 Premiuumm$237.36365.00 and is Subject to Adjustment Executed in Duplicate Based on Final Contract Price. CITY OF UKIAH Mendocino County, California PERFORMANCE BOND BOND No. 070221022 KNOW ALL PERSONS BY THESE PREESNTS: THAT WHEREAS, the City of Ukiah, organized and operating under the laws of the State of California, (hereinafter referred to as the"City")has awarded to Ghilotti Construction Company,Inc, ,(hereinafter referred to as the "Contractor") an agreement for Contract No. (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract for the Project dated June 22,2023 , (hereinafter referred to, together with all attachments and exhibits thereto, as "Contract Documents-), the terms and conditions of which are expressly incorporated herein by reference;and WHEREAS,the Contractor is required by the Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, Ghilotti Construction Company,Inc-, the undersigned Contractor and Liberty Mutual Insurance Company, as Surely, a corporation organized and duly authorized to transact business ortyweMrtlionl Nine Nunt�ed I o tafwoof California, are held firmly bound until the City inthe sum of ($ 45,942,605.00 _ },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 RECYCLED WATER PROJECT—PHASE 4 53 Spec Nc.23.01 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 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 modificat on 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 participation in the completion of the Project. The Surely, 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] RECYCLED WATER PROJECT—PHASE 4 54 Spec No.23.01 IN WITNESS WHEREOF,we have hereunto set our hands and seals this 261h day of June,2023 M, (Corporate Seal) Ghilotti Construction Company.Inc. Contractor/Pri t By - Title f e S s aZr� (Corporate Seal) Liberty Mutual Insurance Company Suret '1 Attorney-in-Fact (Attach Attorney-in Fact Certificate) Title Julie A.Shiroma,Attorney-In-Fact The rate of premium on this bond iss12 241$7.401$5.671$5.36rs4.90 per thousand.The total amount of premium charges is$ 237,365.00 (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name and Address of Surely) Liberty Mutual Surety Claims 1001 4th Ave., Suite 3800 Seattle,WA 98154 (Name and Address of Agent or Liberty Mutual Surety Representative for service of process in 1610 Arden Way, Suite 299 California,if different from above) Sacramento, CA 95815 (Telephone number of Surely and Agent (925)979-6705-Ed Campos or Representative for service of process in California RECYCLED WATER PROJECT—PHASE 4 55 Spec No.23.01 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Placer On June 26, 2023 before me, K. Hanley, Notary Public (insert name and title of the officer) personally appeared Julie A. Shiroma who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 00,0--i-my K.HA,NLEY Notary Public•catifornia P!acer countyCommission y 2384942 Comm.Expires.4ov 30,2025 Signature (Seal) This Power ofAttomey 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 staled. Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate W.e208535-977442 — West American insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that liberty Mutual insurance Company is a corporation duly organized under the laws of the Slate of Massachusetts,and West American Insurance Company is a corporation duty organized under the laws of the Stateof Indiana(herein coilectivelycated the'Companiesl.pursuant to and by authority herein set forth,does hereby name.constitute and appoint, Alexis Estrada,Curtis A.Bowden,Dona Lisa Buschmann,Edward D.Johnson,J Buschmann,Julie A.Shiroma,K Hanley,KathyRan el,Lisa Wilson,Maggie Bender- Johnson,Robert D.Latm all of the city of Roseville stale of CA each individually if there be rare than one named,its true and lawful attorney-in-fact b make. execute,seat acknowledge and delver,for and on its behalf as surety and as its act and deed,any and W undertaki,gs,bands,recognizances and other surety obligalbons,in pursuance of these presents and shall be as binding upon the Companies as it they have been duly Signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official cf the Companies and the corporate seals of the Companies have been affixed thereto Its 2nd .-day of August , 2022 . Liberty Mutual Insurance Company %HSUq� %If INSL A tNS44 The Ohio Casualty Insurance Company Ow-+n West American Insurance Company a3 °oR �3 �o � q3 bra 1912 0 0 1919 1991 0A�� d ~d,��aa+cua�`�.aD$ �O�k4-6,�aD�o KT Fhb, a* aa� David M.Carey,Assistant Secretary m Slate ofPENNSYLVANIA ss County ofMONTGOMERY On Ibis 2nd day of August 2022 before me personally appeared David M.Carey.who admOwledged himself to be the Assistant Secretary of Liberty Mutual Insurance is Company,The Ohio Casualty Company,and West American Insurance Company,and that he.as such,being authorized so to do,execute the foregoing instrument for the purposes — therein contained by signing on behalf of the corporations by himself as a duly authorized officer > Nro � IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year list above written. C Ul 02 �� �y S?Pl carmun"aM cur Pennsrbania-Notary Sean (�O aW rp Teresa Pa5i&%.NuaY ft Pul .�.. OF M, �Minn.28.2025 By: C N Counvu en number 1128044 Teresa PaStela.Not Pudic e1�-, '4 �G Mweu,.Pen%*h Aaetl w d Nouw•in Notary cri� N cr S This Power of Atlomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company.Liberty Mutual Insurance eQ 0.9 Company,and west American Insurance Companywhirh msokitions are now in full force and effect reading as follows: ARTICLE IV-OFFICERS:Section 12,Power of Attorney. �5 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the President �i may prescribe,shall appoint such attorneys-in fact.as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surely any and all �s i LD undertakings,fronds,recognizaraes and other surety obligations.Such attorneys-in-facl,subject b the Imitations set forth in their respective powers of allomey,shall have full c3 o _ power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seat of the Corporation.When so executed,such instruments shall Z c0i be as binding as t signed by the President and attested to by the Secretary.Any power or authority granted to any representative or allomey-n-fact under the provisions of this article may be revoked at any lime by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ARTICLE RIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such Imitations as the chairman or the president may prescribe, shall appoint such altomeys-indact,as may be necessary to ad in behalf of the Company to make,execute,seal acknowledge and delver as surety any and at undertakings. bonds,recognizances and other surety obligations.Such allomeys-in-fact subjeU to the imitations set forth in their respective powers of attorney.shall have full power to bind the Company by their signature and execution of any such insUumenls and to attach thereto lha seal of the Company VNhen so executed such instrumerils shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The Resident of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneysin- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds.recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile Or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shalt be valid and binding upon the Companywilh the same face and effect as though manually affixed. I,Penee C.Llewellyn,the undersigned,Assistant Secretary.The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certty that the original power of attorney of which the foregoing is a full,true and tarred copy of the Power of Attorney executed by said Companies,is in full face and effect and has not been revoked. IN TESTIMONY WHEREOF,I haw hereunto set my hand and affixed the seals of said Companies this 261h day of June 2023 P�INSUR 4a'<Y INS" N%NSU� tip�°aPmr'r 4C+ qJ co"°Oq,hr� 4P`oa°oq�T'rO S + roF 43 � n a3 xoan >Et 1912 o 1919 W o 1991 Yd,,ej°+cxu+ aa y��MAYP�dL Yyi �waua� .aD� By Renee C.Llewellyn,Assistant Secretary h ell • r•N ''fit • res LMS•12873 LMIC OCIC WAIC Multi Co 02121 Bond#070220122 Premium is for Contract Term Premium Included and is Subject to Adjustment Executed in D-ipiicate Based on Final Contract Pr:ce. CITY OF UKIAH Mendocino County, California PAYMENT BOND BOND No. 070220122 KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City of Ukiah ("City") has awarded to Gniiotti Construction Company,Inc.("Contractor/Principal") a contract (City Agreement No. , dated June 22 2023 , referred to as the "Agreement") for the work described as `See Below . The Agreement is incorporated by this reference into this Payment Bond("Bond'),and `Recycled Water Project-Phase 4-Specification No,23.01 WHEREAS, ContraclorlPrindpal is required to furnish a bond in connection with the Agreement and pursuant to California Civil Code section 9550; NOW, THEREFORE, we Ghilotti Construct-on Company. Inc. the undersigned ContractorlPrincipal_ and Liberty Mutual Comivanv.Inc.("Surety"), a corporat..on organized and existing under the laws of the State of Massachusetts ,and duly authorized to transact business under the laws of the State of California, as Surely. 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$ 45.942,805 00 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. 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 Califorrr.a 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 t,me for performance. addition, alteration or modification in. to, or of any contract, plans, or specificat:.ons, 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 modificat.on 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 shah 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 ContractorlPrincipal 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,addit°.on, alteration or modification herein mentioned. including but not limited to the provisions of sect,on 2819 and 2845 of the California Civil Code. RECYCLED WATER PROJECT—PHASE 4 611 Spec No.23.01 Any notice to Surety may be given in the manner specified in the Agreement and delivered or transmitted to Surety as follows: Attn: Liberty Mutual Surety Claims Address: 1001 4th Ave.,Suite 3800 City/Stale/Zip: Seattle,WA 95154 Phone: (206)473-6210 Fax: (866)547-4880 Email. HOSCL@Libertymulual.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 the2&thday of June ,202_3. Ghilotti Construction Company, Inc. (SEAL) Contractor/Princip By Contractor' presentative 246 Ghilotti Avenue Contractor/Principal's Address Santa Rosa,CA 95407 C-.ty.State,Zip Liberty Mutual Insurance Company (SEAL) Surel i urety's Representative Julie A.Shiroma,Attomey-En-Fact 175 Berkeley Street Surety's Address Boston.MA 02116 City.Stale,Zip Ed Campos-925-979-6705 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. RECYCLED WATER PROJECT-PHASE 4 57 Spec No 23.01 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND 1. Individual sureties, partnerships or corporations not!n the surety business will not be acceptable. 2. The name of the Pnncipal shall be shown exactly as it appears in the Contract. 3. The penal sum shall not be less than required by the Specifications. 4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual and state his place of residence. 5. If the Principal is a corporaf,on,the bond shall be executed under its corporate seal. If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the corporate name. 6. The off cial character and authority of the person(s)executing the bond for the Principal,if a corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies attached to such records of the corporation as will evidence the official character and authority of the officer signing, duly cert fled by the Secretary or Assistant Secretary, under the corporate seal, to be true copies. 7. The current power-of-attorney of the person signing for the surety company must be attached to the bond, 8. The date of the bond must not be prior to the date of the Contract, 9. The following information must be placed on the bond by the surety company a. The rate of premium in dollars per thousand; and b. The total dollar amount of premium charged. 10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of the bond. 11. Type or print the name underneath each signature appearing on the bond. 12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart) intended for signing, RECYCLED WATER PROJECT PHASE 4 qA Spec No.23-01 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validi of that document. State of California County of Placer On June 26, 2023 before me, K. Hanley, Notary Public (insert name and title of the officer) personally appeared Julie A. Shiroma 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 helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. K.HANLEY *my Notary Public•California Pacer County Commission A 2334942 Signature (Seal) Comm,Expires Nov 30,2025 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. Lib CrV Liberty Mutual Insurance Company Mutual, The Ohio Casualty Insurance Company Certificate No:8208635-977442 - West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of fine State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duty organized under the laws of the Slate of Massachusetts,and West American Insurance Company is a corporation duty organized under the laws of the State of Indiana{herein collectively called the'C rnpan es'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Alexis Esifada,Cunis A.Bowden,Dona Lisa Buschmann,Edward D.Johnson,J.Buschman,Julie A.Shiroma,K.Hanley,Kalh,Rangel,Lisa Wilson,Maggie Bender- Johnsor„Robert D.Larrx a:of the city of Roseville stale ot_ CA each individually it there be more than one named,its WB and lawful attaneyindact to make. execute,seat acknowledge and delver,for and on its behalf as surety and as its act and deed any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seats of the Companies have been affixed thereto this 2nd day of August 2022 . Liberty Mutual Insurance Company tN3Uq vtY INS& a 414St7R4 The Ohio Casualty Insurance Company �JP csoq�'4gc yJP`oaPo JRgy vT"�onPon�r 'L� West American Insurance Company 1912 0 0 1919 1991 c 4CHn4`�.Aa� y�s�°tiAres`'aL YS �hnuN* aD�' � C ��) . 1� �yl • FN �M • peg By: b David M.Carey,Assistant 5eaelary CC fro Slate ofPENNSYLVANIA ss d 0 County of MONTGOMERY V j On this 2nd w day of August 2022 before me persona[y appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance ro Company,The Ohio Casualty Company,and West American Insurance Company.and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. l mre � IN WITNESS WHEREOF,I have hereunto subs+critxed cry cinema and affixed my notarial seal at Plymouth Meeting,PennsyMania,on the day and year first above written. oONWs?F( commalwMdpenn6*8no-N*WySear O iW Ue` T h}Cy Tarew PasrW Fe.Noboru Pu6 V 0 N OF Mymmni ew eom Mw020,2025 By: `^f/ ,x.,n.. „w,mffdw,v2 orNov�., Teresa Pas_te9_a.Notary Public UL tf This Power of Attorney is made and executed pursuant to and by authority of Me following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual Insurance aQ 0.9 Company,and West American Insurance Company which resolution&are now in full force and effect reading as follows: E A: ARTICLE IV-OFFICERS:Section 12,Power of Attorney. �50 o M Any oifieeror other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or Pie President � may prescribe,shall appoint such atlorneys4rt_fact,as may be necessary to act in behalf of the Corporation to make,execute,seal acknowledge and deliver as surety any and all �s � undertakings,bonds,recognizances and other surety otfigations.Such attorneys-in-fad,su*cl to the limitations set forth in their respective powers of attorney,shall have full p o? power to bind the Corporation by their signature and execution of any such Instrumentsshall and to attach thereto the seal of the Corporation.When so executed such instruments sha Z U be as binding as it signed by the President and attested to by the Secretary.Any paver of authority granted to any representative or attorney-ir:fact under the provisions of this article may be revoked at any lime by the Board,the Chairman,fie President or by the officer or officers granting such power or author ty. ARTICLE XIII-Execution of Contracts.Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president.and subject to such limitations as the chairman or the president may prescribe. shall appoint such attomeys-infact,as may be necessary to ad in behan of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,re0ognizances and other surety obligations.Such anome}s•in-fact subject to the limitations set forth in their respective powers of attorney,shall have lull power to bird the Company by their signature and execution of any such insruments and to altach thereto the seal of the Company.When so executed such instruments shall be as binding as it signed by the president and allMtOd by the secretary. Certificate of Designation-The President of the Company.acting pursuant to the Bylaws of the Company,authorizes David M.Carey.Assfislant Secretary to appoint such allomeys4n- fad as may be necessary to ad on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligation. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any ass scant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Canpany with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual insurance Company and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a ful,true and cared copy of the Powerof Attorney executed by said Companies,is in fill face and effect and has not been revoked. IN TESTIMONY WHEREOF,I haye hereunto set my hand and affixed the seals of said Companies this 26th day of June 2023 �JP4�PogAR9a[l qJA`°*°t°RSU P4°v0.4-q C+ w ? FQ m 1912 01 10 1919 n 2 1991 By. d'yrj4CNa��aa yes �AYP��RWa Y �MMAO t; *all �y1 FNa 0 # ova Renee C.Llewellyn,Assistant Secretary LMS12e73 LMIC OCiC MIC MU16 Cc 02P2i AC0 CERTIFICATE OF LIABILITY INSURANCE 06/2/2023`"' `r THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 CA LIC OB29370 1-925-798-3334 CONTACT NAME: Sara Dorrisey Edgewood Partners Insurance Center (EPIC) PHONE g258229004 FAl( 925-887-6815 [Concord - Branch ID 15469] - - AIC No: P.O. Box 5668 ADDRESS: sara.dorriseyeepicbrokere.Com INSURE S AFFORDING COVERAGE NAIC# Concord, CA 94524 INSURERA: NATIONAL UNION FIRE INS CO OF PITTS 19445 INSURED INSURERB: NAVIGATORS SPECIALTY INS CO 36056 Ghilotti Construction Company, Inc. INSURERC: ILLINOIS UNION INS CO 27960 246 Ghilotti Avenue INSURERD: INSURER E: Santa Rosa, CA 95407 INSURERF: COVERAGES CERTIFICATE NUMBER:69054127 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE A L. POLICY NUMBER MMID�YIYYYY MPMIDD1 EXP LIMITS A X COMMERCIAL GENERAL LIABILITY X X GL9894974 04/01/23 04/01/24 EACHOCCURRENCE S 2,000,000 CLAIMS-MADE FTJOCCUR PREMISES(Ea occurrence) $ 500,000 MED EXP(Any one person) S 25,000 PERSONAL R ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 4,000,000 POLICY�JECT LOC PRODUCTS-COMP/OP AGG s 4,000,000 OTHER: $ A AUTOMOBILE LIABILITY X X CA2970066 04/01/23 04/01/24 COMBINED SINGLE LIMIT $E a d nt 2,000,000 ISX ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY pAMAGE AUTOS ONLY AUTOS ONLY Per accident $ B UMBRELLA LIAS X OCCUR LA23EXCZOAXPDIC 04/O1/23 04/01/24 EAGHpCGURRENCE $ 5,000,000 X EXCESSLiAB CLAIMS-MADE AGGREGATE S 5,000,000 DIED I I RETENTIONS $ A WORKERS COMPENSATION X wC80878253 04/01/23 04/01/24 X STATUTE ERH AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETORtPARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $ 1,000,000 OFFICERWEMBEREXCLUDED7 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 It yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Professional Liability COOG27847808008 04/01/23 04/01/24 Per Act/Aggregate 5,000,000 C Pollution Liability COOG27847808008 04/01/23 04/01/24 Be. Occ/Aggregate 10,0o0,o0o DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101.Additional Remarks Schedule,may be attached N more space Is required) RE: GCC #6071. Recycled water Project- Phase 4- Specification #23-01. Additional Insured: The City of Ukiah, its officers, officials, employees and volunteers; and Design Engineer. when required by written contract, Additional Insured with Primary and Non-Contributory coverage applies to General Liability and Auto Liability and waiver of Subrogation applies to General Liability, Auto Liability, and workers Compensation, all as per the attached endorsements. 30 days notice of cancellation, as per the attached endorsements. CERTIFICATE HOLDER CANCELLATION GCC #6071 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ukiah THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 300 Seminary Avenue AUTHORIZED REPRESENTATIVE Ukiah, CA 95482 USA 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD DorriseyS 69054127 SUPPLEMENT TO CERTIFICATE OF INSURANCE 06/2D3//2023 NAME OF INSURED. Ghilotti Construction Company, Inc. Additional Description of Operations/Remarks from Page 1. Additional Inforrnatiom SUPP(05104) POLICY NUMBER: CA 297-00-66 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Co- verage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: GHILOTTI CONSTRUCTION COMPANY, INC. Endorsement Effective Date: 04/01/2023 SCHEDULE Name Of Person(s) Or Organization(s): AS REQUIRED PER WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule of Section II - Covered Autos Liability Coverage in is an "insured" for Covered Autos Liability Cover- the Business Auto and Motor Carrier Coverage age, but only to the extent that person or organ- Forms and Paragraph D.2. of Section I - Covered ization qualifies as an "insured" under the Who Is Autos Coverages of the Auto Dealers Coverage An Insured provision contained in Paragraph A.1. Form. CA 20 48 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 ENDORSEMENT # This endorsement, effective 12:01 A.M. 04/01/2023 forms a part of Policy No.CA 297-00-66 issued to GHILOTTI CONSTRUCTION COMPANY, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF P I TTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled {hereinafter, the "Certificate Holder{s)") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation ithe "Advice") via e-mail to each such Certificate Holders within 30 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. Authorized Representative 107414 (0311 1) Page 1 ENDORSEMENT This endorsement,effective 12:01A.M. 04/01/2023 forms a part of policy No. CA 297-00-66 issued to GHILOTTI CONSTRUCTION COMPANY, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF P I TTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, B., General Conditions, 5., Other Insurance, c., is amended by the addition of the following sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident. We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. All other terms and conditions remain unchanged. Authorized Representative or Countersignature (in States Where Applicable] 74445 110/99) ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2023 forms a part of policy No. CA 297-00-66 issued to GHILOTTI CONSTRUCTION COMPANY, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA 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: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recover we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or"loss" if: (1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident" or"loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee. AUTI,40RIZED REPRESENTATIVE 62897 (6/95) ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2023 forms a part of policy No.GL 989-49-74 issued to GHILOTTI CONSTRUCTION COMPANY, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF P I TTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LIMITS OF INSURANCE (Per Project or Per Location Aggregate Limit) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM I. Your policy is amended to include either a Per Project General Aggregate Limit, a Per Location General Aggregate Limit or a Per Project and Per Location General Aggregate Limit. Please select only one of the following: I X] Per Project General Aggregate Limit $ 4,000,000 I I Per Location General Aggregate Limit $ I Per Project and Per Location General Aggregate Limit $ IF NEITHER OF THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID. IF MORE THAN ONE OF THE THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID. II. SECTION III - LIMITS OF INSURANCE , is amended to include the following: 1. The Limits of Insurance and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under CoverageC; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the products-completed operations hazard"; and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under CoverageC 86681 (9/04) Page 1 of 2 because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to 5. above, the Damage to Premises Rented To You Limit is the most we will pay under Coverage A because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to S. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. Subject to 2., 4., 5., 6., and/or 7. above, the Per Project Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum of: a. Damages under Coverage A; b. Damages under Coverage B; and c. Medical Expenses under Coverage C arising out of any single Project described above. 9. Subject to 2., 4., 5., 6., and/or 7. above, the Per Location Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum of: a. Damages under Coverage A; b. Damages under Coverage B; and c. Medical expenses under CoverageC arising out of the any single Location described above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. III. The Limits of Insurance shown in the Declarations are deleted in their entirety and replaced by the Limits of Insurance set forth below. Limits of Insurance General Aggregate Limit $ 10,000,000 Each Occurrence Limit $ 2,000,000 Products-Completed Operations Aggregate Limit $ 4,000,000 Personal & Advertising Injury Limit $ 1 ,000,000 Damage to Premises Rented to You $ 500,000 Medical Expense Limit $ 25,000 Per Project General Aggregate Limit, Per Location s 4,000.000 General Aggregate Limit or Per Project and Per Location General Aggregate Limit IV. SECTION V - DEFINITIONS, is amended to include the following: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway, or right-of-way railroad. All other terms and conditions of this policy remain the same. 1*1 Auth rized Representative or Countersignature (in States Where Applicable) 86681 19104) Page 2 of 2 POLICY NUMBER: GL989 49 74 COMMERCIAL GENERAL LIABILITY CG20101219 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) Loc_ation(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTACT OR AGREEMENT YOU HAVE ENTERED INTO. I 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 B. With respect to the insurance afforded to these include as an additional insured the persons) or additional insureds, the following additional organizations) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", This insurance does not apply to "bodily injury" "property damage" or "personal and advertising or "property damage" occurring after: injury" caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on work, on the project (other than service, your behalf; maintenance or repairs) to be performed by in the performance of your ongoing operations or on behalf of the additional insured(s) at for the additional insureds) at the location(s) the location of the covered operations has designated above. been completed; or However: 2. That portion of "your work" out of which 1. The insurance afforded to such additional the injury or damage arises has been put to insured only applies to the extent permitted its intended use by any person or by law; and organization other than another contractor or subcontractor engaged in performing 2. If coverage provided to the additional operations for a principal as a part of the insured is required by a contract or same project, 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. CG 20 10 12 19 o Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III — Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most applicable limits of insurance. we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ® Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: GL989-49-74 COMMERCIAL GENERAL LIABILITY CG20371219 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) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 -- Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III — Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, required by a contract or agreement, the most by "your work" at the location designated and we will pay on behalf of the additional insured described in the Schedule of this endorsement is the amount of insurance: performed for that additional insured and included in the "products completed operations 1• Required by the contract or agreement; or hazard". 2. Available under the applicable limits of However: insurance; I. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law; and applicable limits of insurance. 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. CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 Policy #GL9894974 or organization for care, loss of services or (3)Any statute, ordinance or regulation death resulting at any time from the "bodily relating to the sale, gift, distribution injury". or use of alcoholic beverages. 2. Exclusions This exclusion applies even if the claims This insurance does not apply to: against any insured allege negligence or a. Expected Or Intended Injury other wrongdoing in: (a)The supervision, hiring, employment, "Bodily injury" or "property damage" ex training or monitoring of others by pected or intended from the standpoint of that insured; or the insured. This exclusion does not apply to "bodily injury" resulting from the use of (b)Providing or failing to provide trans- reasonable force to protect persons or portation with respect to any person property. that may be under the influence of al- b. Contractual Liability cohol; if the "occurrence" which caused the "bodily "Bodily injury" or property damage for injury" or "property damage", involved that which the insured is obligated to pay dama- which is described in Paragraph (1), (2) or ges by reason of the assumption of liability (3) above. in a contract or agreement. This exclusion does not apply to liability for damages: However, this exclusion applies only if you are in the business of manufacturing, distri- MThat the insured would have in the ab- buting, selling, serving or furnishing al- sence of the contract or agreement; or coholic beverages. For the purposes of this (2)Assumed in a contract or agreement that exclusion, permitting a person to bring al- is an "insured contract", provided the coholic beverages on your premises, for "bodily injury" or "property damage" consumption on your premises, whether or occurs subsequent to the execution of not a fee is charged or a license is required the contract or agreement. Solely for the for such activity, is not by itself considered purposes of liability assumed in an the business of selling, serving or furnishing "insured contract", reasonable attorneys' alcoholic beverages, fees and necessary litigation expenses d. Workers' Compensation And Similar Laws incurred by or for a party other than an insured are deemed to be damages Any obligation of the insured under a because of "bodily injury" or "property workers' compensation, disability benefits or damage", provided: unemployment compensation law or any similar law. (a) Liability to such party for, or for the cost of, that party's defense has also e. Employer's Liability been assumed in the same "insured "Bodily injury" to: contract"; and (1)An "employee" of the insured arising out (b) Such attorneys' fees and litigation of and in the course of: expenses are for defense of that party (a) Employment by the insured; or against a civil or alternative dispute resolution proceeding in which (b)Performing duties related to the con- damages to which this insurance duct of the insured's business; or applies are alleged. (2)The spouse, child, parent, brother or c. Liquor Liability sister of that "employee" as a con- "Bodily injury" or "property damage" for sequence of Paragraph(1) above. which any insured may be held liable by This exclusion applies whether the insured reason of: may be liable as an employer or in any other capacity and to any obligation to share (11 Causing or contributing to the damages with or repay someone else who intoxication of any person; must pay damages because of the injury. (2)The furnishing of alcoholic beverages This exclusion does not apply to liability to a person under the legal drinking assumed by the insured under an "insured age or under the influence of alcohol; contract". or Page 2 of 16 Insurance Services Office, Inc., 2012 CG 00 01 04 13 ❑ ENDORSEMENT# This endorsement, effective 12:01 A.M.04/01/2023 forms a part of Policy No.GL 989-49-74 issued to GHILOTI`I CONSTRUCTION COMPANY, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF P I TTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE FIRST NAMED INSURED This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holders}") and has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the First Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after the First Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to theinsurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that theinsurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following Definitions apply to this endorsement: 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations page of this policy. All other terms, conditions and exclusions shall remain the same. Authorized Representative 107414 (03/1 1) Page 1 POLICY NUMBER: GL 989-49-74 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance 12)You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. 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 CG 20 01 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: GL 989-49-74 COMMERCIAL GENERAL LIABILITY CG 24 17 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY - RAILROADS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad: Designated Job Site: ANY RAILROAD ORGANIZATION WHOM HAS GRANTED YOU AN EASEMENT FOR ANY JOB SITE TO PERMIT YOU TO PERFORM WORK AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to operations performed for, or another party to pay for "bodily injury" or affecting, a Scheduled Railroad at a Designated "property damage" to a third person or Job Site, the definition of "insured contract" in the organization. Tort liability means a liability Definitions section is replaced by the following: that would be imposed by law in the 9. "Insured Contract" means: absence of any contract or agreement. a. A contract for a lease of premises. However, Paragraph f. does not include that part of any that portion of the contract for a lease of contract or agreement: premises that indemnifies any person or (1)That indemnifies an architect, engineer or sur- organization for damage by fire to premises veyor for injury or damage arising out of: while rented to you or temporarily occupied by you with permission of the owner is not (a) Preparing, approving or failing to prepare or an "insured contract"; approve maps, shop drawings, opinions, re- b. A sidetrack agreement; ports, surveys, field orders, change orders c. Any easement or license agreement; or drawings and specifications; or d. An obligation, as required b ordinance, to (b) Giving directions or instructions, or failing to g q y give them, if that is the primary cause of the indemnify a municipality, except in injury or damage; connection with work for a municipality; (2) Under which the insured, if an architect, e. An elevator maintenance agreement; engineer or surveyor, assumes liability for an in- f. That part of any other contract or agreement jury or damage arising out of the insured's pertaining to your business (including an in rendering or failure to render professional demnification of a municipality in connection services, including those listed in Paragraph (1) with work performed for a municipality) above and supervisory, inspection, architectural under which you assume the tort liability of or engineering activities. CG 24 17 10 01 0 ISO Properties, Inc., 2000 Page 1 of 1 ❑ Policy#GL 989-49-74 primary, our obligations are not affected un- self-insured amounts under all that less any of the other insurance is also other insurance. primary. Then, we will share with all that (4)We will share the remaining loss, if any, other insurance by the method described in with any other insurance that is not Paraoraoh c. below. described in this Excess Insurance pro- b. Excess Insurance vision 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 la) Any of the other insurance, whether Coverage Part. primary, excess, contingent or on any c. Method Of Sharing other basis: If all of the other insurance permits contri- 0) That is Fire, Extended Coverage, bution by equal shares, we will follow this Builder's Risk, Installation Risk or method also. Under this approach each similar coverage for "your work"; insurer contributes equal amounts until it (ii) That is Fire insurance for premises has paid its applicable limit of insurance or rented to you or temporarily occu- none of the loss remains, whichever comes pied by you with permission of the first. owner; If any of the other insurance does not permit (iii)That is insurance purchased by contribution by equal shares, we will contri- you to cover your liability as a bute by limits. Under this method, each tenant for "property damage" to insurer's share is based on the ratio of its premises rented to you or tempo- applicable limit of insurance to the total rarily occupied by you with per- applicable limits of insurance of all insurers. mission of the owner; or 5. Premium Audit {iv)If the loss arises out of the main- a. We will compute all premiums for this tenance or use of aircraft, "autos" Coverage Part in accordance with our rules or watercraft to the extent not and rates. subject to Exclusion g. of Section ! - Coverage A - Bodily Injury And b. Premium shown in this Coverage Part as Property Damage Liability. advance premium is a deposit premium only. At the close of each audit period we will (b)Any other primary insurance available compute the earned premium for that Period to you covering liability for damages and send notice to the first Named Insured. arising out of the premises or opera- The due date for audit and retrospective tions, or the products and completed Premiums is the date shown as the due date operations, for which you have been on the bill. If the sum of the advance and added as an additional insured. audit premiums paid for the polic y y period is (2)When this insurance is excess, we will greater than the earned premium, we will have no duty under Coverages A or B to return the excess to the first Named Insured. defend the insured against any "suit" if c. The first Named Insured must keep records any other insurer has a duty to defend of the information we need for premium the insured against that "suit". If no computation, and send us copies at such other insurer defends, we will undertake times as we may request. to do so, but we will be entitled to the insured's rights against all those other 6. Representations insurers. By accepting this policy, you agree: (3)When this insurance is excess over other a. The statements in the Declarations are accu- insurance, we will pay only our share of rate and complete; the amount of the loss, if any, that b. Those statements are based upon re- exceeds the sum of: presentations you made to us; and (a)The total amount that all such other c. We have issued this insurance would pay for the loss in policy in reliance upon Your representations. the absence of this insurance; and 7. Separation Of Insureds (b)The total of all deductible and Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in Page 12 of 16 Insurance Services Office, Inc., 2012 CG 00 01 04 13 13 this Coverage Part to the first Named Insured, 4. "Coverage territory" means: this insurance applies: a. The United States of America (including its a. As if each Named Insured were the only territories and possessions), Puerto Rico and Named Insured; and Canada; b. Separately to each insured against whom b. International waters or airspace, but only if claim is made or "suit" is brought. the injury or damage occurs in the course of 8. Transfer Of Rights Of Recovery Against Others travel or transportation between any places To Us included in Paragraph a. above; or If the insured has rights to recover all or part of c. All other parts of the world if the injury or any payment we have made under this damage arises out of: Coverage Part, those rights are transferred to (1)Goods or products made or sold by you us. The insured must do nothing after loss to in the territory described in Paragraph a. impair them. At our request, the insured will above; bring "suit" or transfer those rights to us and (2)The activities of a person whose home is help us enforce them. in the territory described in Paragraph a. 9. When We Do Not Renew above, but is away for a short time on If we decide not to renew this Coverage Part, your business; or we will mail or deliver to the first Named In- (3)"Personal and advertising injury" offenses sured shown in the Declarations written notice that take place through the Internet or of the nonrenewal not less than 30 days before similar electronic means of communi- the expiration date. cation; If notice is mailed, proof of mailing will be suffi- provided the insured's responsibility to pay cient proof of notice. damages is determined in a "suit" on the me- SECTION V - DEFINITIONS rits, in the territory described in Paragraph a. 1. "Advertisement" means a notice that is broad- above or in a settlement we agree to. cast or published to the general public or speci- 5. "Employee" includes a "leased worker". fic market segments about your goods, pro- "Employee" does not include a "temporary ducts or services for the purpose of attracting worker". customers or supporters. For the purposes of 6. "Executive officer" means a person holding any this definition: of the officer positions created by your charter, a. Notices that are published include material constitution, bylaws or any other similar placed on the Internet or on similar elec- governing document. tronic means of communication; and 7. "Hostile fire" means one which becomes un- b. Regarding web sites, only that part of a web controllable or breaks out from where it was in- site that is about your goods, products or tended to be. services for the purposes of attracting custo- 8. "Impaired property" means tangible property, mers or supporters is considered an adver- other than "your product" or "your work", that tisement. cannot be used or is less useful because: 2. "Auto" means: a. It incorporates "your product" or "your a. A land motor vehicle, trailer or semitrailer work" that is known or thought to be defec- designed for travel on public roads, including tive, deficient, inadequate or dangerous; or any attached machinery or equipment; or b. You have failed to fulfill the terms of a cont- b. Any other land vehicle that is subject to a ract or agreement; compulsory or financial responsibility law or if such property can be restored to use by the other motor vehicle insurance law where it is repair, replacement, adjustment or removal of licensed or principally garaged. "your product" or "your work" or your fulfilling However, "auto" does not include "mobile the terms of the contract or agreement. equipment". 9. "Insured contract" means: 3. "Bodily injury" means bodily injury, sickness or a. A contract for a lease of premises. However, disease sustained by a person, including death that portion of the contract for a lease of resulting from any of these at any time. premises that indemnifies any person or CG 00 01 04 13 0 Insurance Services Office, Inc., 2012 Page 13 of 16 0 POLICY NUMBER: GL989 49 74 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Personls) Or Organization(s): PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such personls) or organizationls) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 04/02/2023 forms a part of Policy No. WC 808-78-253 Issued to GHILOTTI CONSTRUCTION COMPANY, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. LIMITED ADVICE OF CANCELLATION PROVIDED VIA E-MAIL TO ENTITIES OTHER THAN THE NAMED INSURED (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided to the Insurer, either directly or through its broker of record, the email address of a contact at each such entity; and 3. the Insurer received this information after the Named Insured receives notice of cancellation of this policy and prior to this policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Insurer, the Insurer will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after the Named Insured provides such information to the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured provides such information to the Insurer. Proof of the Insurer emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Insurer has fully satisfied its obligations Lander this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1. Named Insured means the insured first named employer in item 1 of the Information Page of this policy. 2. Insurer means the insurance company shown in the header on the Information Page of this policy. All other terms, conditions and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE WC 99 00 56 (Ed. 04111) BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 04/02/2023 forms a part of Policy No. WC 808-78-253 Issued to GHIIATTI CONSTRUCTION COMPANY, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2.00 % of the total estimated workers compensation premium for this policy. WC 04 03 81 Countersigned b g Y (Ed. 11190) Authorized Representative