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Home My WebLink AboutContracts & Agreements_184-2019PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") made and entered into this 3rd day of September, 2019, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California, (hereinafter "City"), and Borden Excavating, Inc (hereinafter "Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties " In consideration of the mutual promises contained herein, City and Contractor agree as follows 1 SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work foi the following 2019 CIP WATER PIPELINE REPLACEMENT PROJECT, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's 2019 CIP WATER PIPELINE REPLACEMENT PROJECT, PROJECT No 71353 2 THE CONTRACT SUM City shall pay Contractor the sum of nine million four hundred four thousand nine hundred nine dollars $(9,404,909) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings requirement to be withheld by City pursuant to an escrow agreement as set forth in the Public Contract Code Section 22300 3 TIME FOR COMPLETION The Work shall be completed within two hundred forty calendar days (240) from and after the date of the delivery to Contractor of a written Notice to Proceed by City 4 LIQUIDATED DAMAGES Contractor's failure to complete the work within the time allowed will result in damages being sustained by City Such damages are, and will continue to be, impracticable and extremely difficult to deteiiuine Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of Five Hundred Dollars ($500) for each consecutive calendar day in excess of the specified time for completion of Work Execution of the Contract shall constitute agreement by City and Contractor that Five Hundred Dollars ($500) per calendar day is the estimated damage to City caused by the failure of the Contractor to complete the Work within the allowed time Such sum is for liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs 5 CONTRACT DOCUMENTS This Contract incorporates by reference the following. Notice Inviting Bids, Instructions to Bidders, Contractoi's Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, General Requirements, Technical Specifications, and any addenda thereto (collectively the "Contract Documents") 6 ATTORNEYS' FEES In the event any legal action is commenced to enforce or interpret the teims or conditions of the Contract documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party CD 1 L lcaldjmlAgreements\Borden Excavating Public Work Construction Contract.docx.,jn 7 RESOLUTION OF CONSTRUCTION CLAIMS Claims by Contractor in the amount of Three Hundred Seventy Five Thousand Dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1 5 of the Public Contract Code (commencing with Section 20104) All claims shall be in writing and include the documents necessary to substantiate the claim Nothing in subdivision (a) of Public Contract Code Section 20104 2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor 8 ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777 1 and/or 1777 7, and certify that they are not debarred and are eligible to work on this project 9 ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound 10 SUCCESSORS AND ASSIGNS City and Contractor each binds itself and their respective successors and assigns in respect to al1 covenants, agreements, and obligations contained in the Contract Documents 11 SEVERABILITY Any provision or part of the Contract documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor CD 2 L 1ca\dimlAgreementslBorden Excavating Public Work Construction Contract.doex.in IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above (SEAL) ATTEST Jea onaldson, City Clerk City of Redlands (Owner) Paul W Foster, Mayor (SEALI Poren ey01-0001 Name of Contractor By Signature of Author' ent Signature of Authorized Agent (if necessary) Title 941771 Contractor's License No CD 3 L lcaldimlAgreementsl$orden Excavating Public Work Construction Contract.docxjn WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract City of Redlands Municipal Utilities & Engineering Department 2019 CP WATER PIPELINE REPLACEMENT PROJECT PROJECT No 71353 Every employer, except the State, shall secure the payment of compensation in one or more of the following ways a By being insured agamst liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State b By securing from the Director of Industrial Relations, a certificate of consent to self - insure, either as an individual employer, 01 as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees CHECK ONE I am aware of the provisions of Section 3700 of the Laboi Code which requires every e p oyer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code section §1861) I affirm that all times, m performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct Dated this 9,"61 day of (SEAL) ._ Nu_61 , 2019 herd Contractor) LShCUInr1ev `Py?Sid .f (Official Title) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract ) CD 4 L lcaldim\Agreernentsli3orden Excavating Public Work Construction Contract.docxin PREMIUM IS FOR THE CONTRACT TERM ANI) IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE FAITHFUL PERFORMANCE BOND Bond No 1001072338 Premium $68,572 00 Executed in Duplicate Whereas, the City of Redlands ("City"), State of California, and Borden Excavating, Inc (hereinafter designated as "Principal") have entered into an agreement dated September 3, 2019 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as 2019 CIP WATER PIPELINE REPLACEMENT PROJECT, PROJECT No 71353 and is hereby referred to and made a part hereof, and Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement, now, therefore, we, the Principal and U S Specialty Insurance Company , as Surety, are held and firmly bound unto the City in the penal sum of nine million four hundred four thousand nine hundred nine dollars $(9,404,909) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents The condition of this obligation is such that if the above bounded Principal, 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 provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one-year guarantee of all mateiials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered As a condition precedent to the satisfactory completion of the Agreement, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City's option I Complete the Agreement in accordance with its terms and conditions, or 2 Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses CD 5 L IcaldjinlAgreernents\Borden Excavating Public Work Construction Contract.docx.Jn sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above The term "balance of the Agreement price," as used in this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal Surety expressly agrees that the City may refect any contracto► of subcontractoi which may be proposed by Surety in fulfillment of its obligations in the event of default by the Piincipal Surety shall not utilize the Principal in completing the Agreement not shall Surety accept a bid from the Principal foi completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City's objection to the Principal's further participation in the completion of the Work No right of action shall accrue on the bond to o► foi the use of any person or corporation other than the City named herein o► the successors or assigns of the City Any suit under this bond must be instituted within the applicable statute of limitations period The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications No final settlement between the City and the Principal shall abridge the right of any beneficiary hereundei whose claim may be unsatisfied The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City's reasonable attorneys. fees incurred, with of without suit, in addition to the above sum In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on August 23 , 2019 ' , „ ,, ill Borden Excavating, Inc (SEAL) (SEAL) U S Specialty Insurance Company (Seal and Notarial Acknowledgement of Surety) CD 6 L \ca\dpn\Aareeinents\Borden Excavating Public Work Construction Contract docxjn _ BY (Signature)Shawn Blume Attorney in Fact Address 13403 Northwest Freeway e'iret Houston, TX 77040 Telephone ( 713 ) 462 1000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 nn"nn nV l�rt �3lVa!nJini\!a.\F" I.WWes esla" , J\ \ l. n.^WV�•.�rt ^ Vv\Nn+al.�•aJi tVh \a�Fa �.ti�\a�ess , 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 tndhfu lness, accuracy. or validity of that document State of California County of Orange On OJ23Hc before me, Natassia Kirk Smith Notary Public, personally appeared Shawn Blume Name(s) of Signer(s) 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 capacuty(tes), and that by hs/her/their signature(s) on the instrument the person(), or the entity upon behalf of which the person(s) acted, executed the instrument NATA55IA KIRK SMITH Notary Public California Orange County Commission t 2253118 My Comm Expires Aug 12 2022 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of Califonua that the foregoing paragraph is true and correct WITNESS my hand and office Signa re OPTIONAL 1.041111.' 6 kb Signature of i �'ublie Though the information below, is not required by law tt mai prose valuable to persons relying on the document and could present fraudulent and reattachment of this form to anothei document Desci iption of Attached Document Type or Title of Document Document Date Signer(s) Othei Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Shawn Blume Number of Pages ❑ Individual ❑ Corporate Officer — Title(s) El Partner ['Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservatoi ❑ Other Signer Is Representing Capacuty(ies) Claimed by Signer(s) Signer's Name ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner ['Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing IV^\ Y�V��V�\•�V^Vh es 1.nes, rti.1 �s\laW ,\ry\ es es a .MVa.•W\ vrt ra la it n. hrtJ\rtllrtrt es, rtrtrt rtrt.rtrt lalv/\!\'vlvJ\Jv/�/\rtivl�J\!v/�/\/\/\rt.n la.h lv la lel. lv ls/\lv lily la Rev 1-15 414 TOKIO MARI N E HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U S SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS That American Contractors Indemnity Company a California corporation, Texas Bonding Company an assumed name of American Contractors Indemnity Company, United States Surety Company a M aryland corporation and U S Specialty Insurance Company, a Texas corporation (collectively, the "Companies") do by these presents make, constitute and appoint Eric Lowey, Mark Richardson, Shawn Blume, Kevin Cathcart or Vanessa Copeland of Costa Mesa, California its true and lawful Attorney(s)-in fact, each in their separate capacity if more than one is named above with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Twenty Million***** Dollars ( ***$20,000,000 00***) This Power of Attorney shall expire without further action on April 23rd, 2022 This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies Be it Resolved, that the President any Vice President, any Assistant Vice President any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s) in Fact to represent and act for and on behalf of the Company subject to the following provisions Attorney in Fact may be given full power and authority for and in the name of and on behalf of the Company to execute, acknowledge and deliver, any and all bonds recognizances, contracts agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney in Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached IN WITNESS ,^11k,LI L• OF The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed this 1st day of J.,ne 2018 AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY 12.ITED STrA SURETX,GO.MPANY �,UawSPECIA4T�6,INSURANCE COMPANY - ' ' 1 P�OatP^ a,4,4„ c• ` t!?1H9 c',,, ; P.<<:S�URM , „er i�sure� .. a Stat.. of Calif, rnia 7. Yi% ,"'s et �9` y.•`yQ= +qq :,�„� acrs. a.rno €c�i f'Y' %a='7' r��a e t Cour + o� Los P rr ales ==°1;� c. ,s. / =.Z,,, ;: s , By Y 9 s 1 , `''•.,;+,fFaN;;;L" % CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 F-1 Wic i (LQ } On u(JVSi 30 101 q before me, ,N tri Un d -Er vv oo d i n 5 fal , (Here insert name an tit e of the offic r) J 1\aVr Rf)rdQn personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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 off ial seal (i Not • blic Sig ure (Notary Public Seal) PEYTON UNDERWOOD Commission No 2288971 NOTARY PUBLIC CALIFORNIA RIVERSIDE COUNTY My Comm Expires MAY 18 2023 • ADDITIONAL OPTIONAL INFORMATION ThINSTRUCTIONS FOR COMPLETING THIS FORM Tins form complies with current California statutes regarding notary wording and if needed should be completed and attached to the document Acknowledgments from other states may be completed fo, documents being sent to that state so long as the wording does not require the California notal} to violate California notary law • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personall} appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e lie/she/they, is late) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible Impression must not covet text or lines If seal impression smudges, re seal if a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the county clerk Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document • Indicate title or type of attached document number of pages and date • Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer indicate the title (i.e CEO CFO Secretary) • Securely attach this document to the signed document with a staple DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) Partner(s) Attorney -in -Fact Trustee(s) Other O1` Ve W` ' NotaryC.:laS,Ct: coil: iS ; ST; rtl:l Bond No 100/072338 Executed in Duplicate LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and Borden Excavating, Inc (hereinafter designated as "Principal") have entered into an agreement (the "Agreement') whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated September 3, 2019, and identified as 2019 CIP WATER PIPELINE REPLACEMENT PROJECT, PROJECT No 71353 is hereby referred to and made a part hereof, and Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of nine million four hundred four thousand nine hundred nine dollars $(9,404,909) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition CD 7 In witness whereof, this instrument has been duly executed by the Principal and surety above named, on August 23 , 2019 , (SEAL) Borden Excavating Inc (Seal and Notarial Acknowledgement of Surety) CD 8 U S Specialty Insurance Company (SEAL) BY/retY) (Signature) Shawn Blume Attorney -in -Fact Address 13403 Northwest Freeway Houston TX 77040 Telephone (713 ) 462 1000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 h . h, ;h h , hhh :, h ; hnhhhr; h� .; ��,hhhh, fav h h h A notan public of other officer completing this certificate venfies oniti the identity of the individual who signed the document to which this certificate is attached and not the tnilhfulness, acccu-acv, or validity of that document State of California County of Orange On -23 l before me. Natassia Kirk -Smith Notary Public, personally appeared Shawn Blume Narne(s) of SignLr(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within mstnmment and acknowledged to me that he/shelthey executed the same in his/herftheli authorized capacitv(res) and that by his/hzrftheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed the instrument NATASSIA KIRK SMITH Notary Public California Orange County Commission # 2253818 My Comm Expires Aug 12 2022 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official s SignatuI OP7 IONAL Signature of Not Though the information below is not required b) law, it may prove valuable to persons relying on the document and could present fraudulent and reattaclunent of this form to another document Desci iption of Attached Document Type or Title of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Shawn Blume Number of Pages ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner ['Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian 01 Conservator ❑ Other Signer Is Representing Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner ❑Lunited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Rev 1-15 TOKIO MARI NE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U S SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corporation and U S Specialty Insurance Company, a Texas corporation (collectively, the "Companies ), do by these presents make constitute and appoint Eric Lowey, Mark Richardson, Shawn Blume, Kevin Cathcart or Vanessa Copeland of Costa Mesa, California its true and lawful Attorney(s) in -fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Twenty Million***** Dollars ( ***$20,000,000 00***) This Power of Attorney shall expire without further action on April 23rd, 2022 This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies Be it Resolved that the President, any Vice President any Assistant Vice President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s) in Fact to represent and act for and on behalf of the Company subject to the following provisions Attorney in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds recognizances contracts, agreements or indemnity and other conditional or obligatory undertakings including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney in Fact shall be binding upon - - the Company as if signed by the President and sealed and effected by the Corporate Secretary Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached IN WITNcSS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of June, 2018 _ t { 7 \ 1 St-ite of California County of Los Angeles APERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED STATES,SURET' ,COMPANY ,i1,S,,SPECIALW INSURANCE COMPANY u��! '`o'e Abs:°- U1rt C4C-O,rb ,IPl�S^r iii _cif the yf ':�' i0=y4! $,'�' 14 ._ oc Me :- to' 11';15' SYA a °''?lN OFm�••a` yiun By 17 Daniel P Aguilar Vice President A Notary n. ,.:her officer completing this certificate venfies 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 On this 1st day of June 2018 before me, Sonia 0 Carrejo a notary public, personally appeared Daniel P Aguilar, Vice President of American Contractors Indemnity Company Texas Bonding Company, United States Surety Company and U S Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal r464646.SO tAO CAR3EJ0 • Notary Ptbdc [Warns'ii Lei Aeries County t Signature +� f (seal) j Commm wE3An 0- • Mompr:3:: I, Kio Lo Assistant Secretary • American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U S Specialty Insurance Company do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect, furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect In Vgtness Whereof I have hereunto set my hand and affixed the sea's of said Companies at 2 day of AU8US-t' 20tq �,gwruurr4nq,"„nu u,n 1 uuurtvlj 4u1y44p • tprCTOgf ig4 N� ',4., ?`s g 5JR� 2 J'�\Y.I:4t: •r 1004073,333 '4.N. /Nf,, o ti �� >� 3 \ -�. �� ;'(� x`�!j in y4 p tat .?cry k 4- % ..-�i is.,..,-;, 6,../\- ,�/mac y \• - Corporate Seals Bond No Agency No 19599 x c e nrv°w�inwi w• 7 R 3yV rm, 371 5�D tttg _= mFORIM�eo v4;.----. t n rtT4Po�c, 4cry'hu'4j14n* ,u,,, / 1 r•I, li 1 visit tmhcc com/surety for more information Los Angeles, California this Kio Lo, Ass' Secretary HCCSMANPOA0612018 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 12 j1.P21(5 CLQ } On Pm) USt 3 D 2() before me, Pc \I t"Dy-1 'Onl r Al00 , i- If , (Here insert name and title o eb icer J personally appeared 511 own '3 or d eh 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 f.....PEYTONUNOERW�D WITNESS my hand and officio seal a, .„.f4,--,- Commission No 2288971 44PJ ` NOTARY PUBLIC CALIFORNIA t.4' P RIVERSIDE COUNTY My Comm Rpm MAY 18 2023 Nota Public Signa Ire (Notary Public Seal) • • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Tins form complies with current California statutes regarding notary wording and DESCRIPTION OF THE ATTACHED DOCUMENT if needed should be completed and attached to rhe document Acknowledgments from other states may be completed foi documents being sent to that state so long as the wording does not require the California nolo?), to violate California notary law (Title or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date be the date that the (Title or description of attached document continued) Number of Pages Document Date of notanzation must signer(s) personally appeared which must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER • Individual (s) ❑ Corporate Officer • Indicate the correct singular or plural forms by crossing off incorrect forms (i e lie/she/they, is /afe ) or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines If seal impression smudges re seal if a (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the county clerk Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document •. Indicate title or type of attached document, number of pages and date Indicate by If the capacity claimed the signer the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO, Secretary) '01 r Ve. sion v✓wv. NotaryClasbes con: ei):.; n' •: *anis • Securely attach this document to the signed document with a staple AcrRif CERTIFICATE OF LIABILITY INSURANCE L.------ DATE(MMIDDrYYYY) 3/27/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THI: 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), AUTHORIZE[ 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 or this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER SIP Insurance Services 750 The City Drive South Ste 450 Orange, CA 92868 CONTACT NAME. SIP Insurance Services PHONE FAX irk/C. o. Ext). 626 214-7902 (NC No). MAIL ADDRESS. katherine@slpbrokers.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A Travelers Indemnity Company of CT 25682 INSURED Borden Excavating, Inc 1014 2nd Street Calimesa CA 92320 INSURER B Travelers Property Casualty Co of Amer 25674 INSURER C Travelers Indemnity Company of CT 25682 INSURER D Travelers Property Casualty Co of Amer 25674 INSURER E INSURER F / COVERAGES CERTIFICATE NUMBER 548103 REVISION NUMBE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOC INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; 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 I TR TYPE OF INSURANCE INStI SUBRW POLICY NUMBER (MM!DDIIYYYYY) EXP (MMIDDYIYYYY) LIMITS C ✓ COMMERCIALGENERAL LIABILITY ✓ ✓ DT22C09F220791TCT20 3/30/2020 3/30/2021 EACH OCCURRENCE $1,000,000 CLAIMS -MADE / OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,004,000 GEN'L AGGREGATE POLICY OTHER ✓ LIMIT APPLIES PECT PER LOC GENERAL AGGREGATE s2,000,000 PRODUCTS COMPlOPAGG $2 000,000 $ A AUTOMOBILE ✓ UAIIIILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY ✓ / 8108M4074272026G 3/30/2020 3/30/2021 pacc dent, INGLE LIMIT S 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY$ (Per accident) PROPERTY DAMAGE (Per accident) $ $ D ✓ UMBRELLALIAB EXCESS UAB 1 OCCUR CLAIMS -MADE CUP6K5508722026 3/30/2020 3/30/2021 EACH OCCURRENCE $12,000,000 AGGREGATE 512,000,000 DED ✓ RETENT ON $10 000 $ B N WORKERS AND EMPLOYERS LlABI[.COMPESATIOITY ANYPROPRIETOR(PARTNER/EXECUTIVE OFFLCERIMEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN Y NIA ,/ UBOK4988572026G 3/30/2020 3/30/2021 v/ STATUTE ---, OTH ER E.L EACH ACCIDENT $ 1,000,000 E.L DISEASE EA EMPLOYEE,) 1.000.000 jl E.L DISEASE POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS ! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) City of Redlands is included as additional insured per the attached forms Primary Wording and Waiver of Subrogation applies per the attached forms RE 2019 CIP Water Pipeline Project CERTIFICATE HOLDER CANCELLATION RE 2019 C1P Water Pipeline Project City of Redlands 35 Cajon Street Ste 4 Redlands CA 92373 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED Ih ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE Gary Champlin ©1988 2015 ACORD CORPORATION All rights reserve; ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 54810309120-21 BA,GL,XS WC 1 Brigitte Leber 13)27!2020 9;37:13 AM (PAT)1 Page 2 of 16 8108M4074272026G COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement The following listing is a general cover- age description only Limitations and exclusions may apply to these coverages Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered A B. C. D E. F G BROAD FORM NAMED INSURED BLANKET ADDITIONAL INSURED EMPLOYEE HIRED AUTO EMPLOYEES AS INSURED SUPPLEMENTARY PAYMENTS — INCREASED LIMITS HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS WAIVER OF DEDUCTIBLE -- GLASS PROVISIONS A BROAD FORM NAMED INSURED The following Is added to Paragraph A 1 , Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision Is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A 1 , Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE. Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which CA T3 53 02 15 H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J PERSONAL PROPERTY K AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section 11 C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness 2. The following replaces Paragraph b in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS b For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own (1) Any covered "auto" you lease, hire rent or borrow, and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your © 2015 The Travelers Indemnity Company AH rights reserved Page 1 of 4 Includes copyrighted material of Insurance Services Office Inc with its permission 54810389 120,21 BA,GL,XS,WC 1 BrigiDe Leber 13127/2020 9:37:13 AM (PDT)1 Page 3 of 16 COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness However, any "auto" that is leased, hired, rented or borrowed with a driver Is not a covered "auto" D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE. Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1 The following replaces Paragraph A.2.a.(2), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE (2) Up to $3,000 for cost of bad bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover We do not have to furnish these bonds 2 The following replaces Paragraph A.2.a.(4), of SECTION 11 — COVERED AUTOS LIABIL- ITY COVERAGE. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS (5) Anywhere in the world, except any country or jurisdiction while any trade sanction em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a dnver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada. (1) You must arrange to defend the "in- sured" against, and investigate or set- tle ettle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent (111) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit" (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE (v) We will reimburse the "insured" for the reasonable expenses Incurred with our consent for your Investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described In Para- graph C., Limits Of Insurance, of SECTION li — COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory Insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada Page 2 of 4 ©2015 The Travelers Indemnity Company All rights reserved Includes copyrighted materiel of Insurance Services Office, Inc with Its permission 54810389120-21 BA.GLXS WC I Bnallte Leber 13127120209:37:13AM (PDT)1 Page of 16 CAT3530215 You agree to maintain all required or compulsory Insurance in any such coun- try up to the minimum limits required by local law Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions Puerto Rico and Can- ada. We assume no responsibility for the fumishrng of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance G WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D , Deducti- ble, of SECTION 111 — PHYSICAL DAMAGE COVERAGE No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced H HIRED AUTO PHYSICAL. DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A 4 b , Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE' However, the most we will pay for any expenses for loss of use Is $85 per day, to a maximum of $750 for any one "accident" I. PHYSICAL DAMAGE -- TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a , Transportation Expenses, of SECTION 111 — PHYSICAL DAMAGE COVER- AGE We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the pnvate passenger type J PERSONAL PROPERTY The following Is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE. Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is (1) Owned by an "insured", and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto" No deductibles apply to this Personal Property coverage K. AIRBAGS The following is added to Paragraph B 3 , Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE* Exclusion 3.a. does not apply to "Ions" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth In Paragraphs A 1 b. and A.1.c., but only. a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b The airbags are not covered under any war- ranty, and c The airbags were not intentionally inflated We will pay up to a maximum of $1,000 for any one "loss" L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany), (d) An executive officer, director or Insurance manager (If you are a corporation or other or- ganization), or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss" M BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS 5 Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent xtent required of you by a wntten contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 0215 0 2015 The Travelers Indemnity Company All rights reserved Includes copyrighted material of Insurance Services Office Inc with its permission '48I113R9 1'26-21 I1,A.C:1„XS W[' 1 Brindle Leber 1312712(120 9:37.13 AM IPITT' I Pane 5 nT 16 Page 3 of 4 COMMERCIAL. AUTO such contract The waiver applies only to the person or organization designated in such contract N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B 2 , Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS. The unintentional omission of, or unintentional error in, any Information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 © 2015 The Travelers Indemnity Company All rights reserved Includes copyrighted material of Insurance Services Office. Inc. with Its permission 54010369 120-21 BA.CL.XS.WC I Bri i1te Leder 13!2711020 9:37:13 AM rPDil I Pase 6 of 16 CAT3530215 DT22C09F220791TCT20 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1 WHO IS AN INSURED -- (Section 11) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but a) Only with respect to liability for "bodily injury", "property damage" or "personal injury", and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization 2 The insurance provided to the additional insured by this endorsement is limited as follows a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance" This endorsement shall not in- crease the limits of insurance described in Section 111-- Limits Of Insurance b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications, and 11 Supervisory, inspection, architectural or engineering activities CGD2460805 c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance" But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary excess contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance" 4 As a condition of coverage provided to the additional insured by this endorsement a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim To the extent possible, such notice should include ® 2005 The St Paul Travelers Companies, Inc Page 1 of 2 54810389120-21 BA,GL,XS,WC 1 Brigitte Leber 13/27/2020 9:37.13 AM (PDT) ] Page 7 of 16 COMMERCIAL GENERAL LIABILITY i How, when and where the ' occurrence or offense took place, The names and addresses of any injured persons and witnesses, and ni. The nature and location of any injury or damage arising out of the "occurrence" or offense b) If a claim is made or "suit" is brought against the additional insured, the additional insured must 1 Immediately record the specifics of the claim or "suit" and the date received, and ii. Notify us as soon as practicable The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above 5. The following definition is added to SECTION V — DEFINITIONS "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage oc- curs and the "personal injury" is caused by an offense committed a After the signing and execution of the contract or agreement by you, b While that part of the contract or agreement is in effect, and c Before the end of the policy period Page 2 of 2 © 2005 The St Paul Travelers Companies, Inc 54810389 120.21 BA,CL,XS WC !Brigitte Leber! 3/27/2020 9:37 13 AM (PDT) 1 Page 8 of 16 CG D2 46 08 05 Borden Excavating, Inc DT22C09F220791TCT20 03/30/2020 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement The following listing is a general cover- age description only Limitations and exclusions may apply to these coverages Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered A Aircraft Chartered With Pilot B Damage To Premises Rented To You C Increased Supplementary Payments D. Incidental Medical Malpractice E Who Is An Insured — Newly Acquired Or Formed Organizations E Who Is An Insured — Broadened Named Insured — Unnamed Subsidiaries G Blanket Additional Insured — Owners, Managers Or Lessors Of Premises PROVISIONS A. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g , Aircraft, Auto Or Watercraft, in Paragraph 2 of SECTION I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY This exclusion does not apply to an aircraft that Is (a) Chartered with a pilot to any insured, (b) Not owned by any insured, and (c) Not being used to carry any person or prop- erty for a charge B DAMAGE TO PREMISES RENTED TO YOU 1 The first paragraph of the exceptions in Ex- clusion j., Damage To Property, in Para- graph 2 of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted 2 The following replaces the last paragraph of Paragraph 2 , Exclusions, of SECTION I — COVERAGES -- COVERAGE A. BODILY CG D3 1611 11 H Blanket Additional Insured — Lessors Of Leased Equipment 1 Blanket Additional Insured — States Or Political Subdivisions — Permits J Knowledge And Notice Of Occurrence Or Offense K Unintentional Omission L Blanket Waiver Of Subrogation M. Amended Bodily Injury Definition N Contractual Liability -- Railroads INJURY AND PROPERTY DAMAGE LI- ABILITY Exclusions c. and g through n do not apply to "premises damage" Exclusion f (1)(a) does not apply to "premises damage" caused by a Fire, b Explosion, c Lightning, d Smoke resulting from such fire, explosion, or lightning, or e Water, unless Exclusion f of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion — All Pollu- tion Injury Or Damage or Total Pollution Ex- clusion in its title A separate limit of insurance applies to "premises damage" as described in Para- graph 6 of SECTION III — LIMITS OF IN- SURANCE 0 2011 The Travelers Indemnity Company All rights reserved Page 1 of 6 54810389 120-21 BA,GL,XS,WC 1 Brigitte Leber! 3127120209:37:13AM (PDT) 1 Page 9 of 16 COMMERCIAL GENERAL LIABILITY 3 The following replaces Paragraph 6 of SEC- TION III — LIMITS OF INSURANCE Subject to 5 above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occur- rence", whether such damage results from fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning, or water, or any combination of any of these causes The Damage To Premises Rented To You Limit will be a The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part, or b $300,000 if no amount is shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part 4 The following replaces Paragraph a of the definition of "insured contract" in the DEFINI- TIONS Section a. A contract for a lease of premises How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for "premises damage" Is not an "insured contract", 5 The following is added to the DEFINITIONS Section "Premises damage" means "property dam- age" to a Any premises while rented to you or tem- porarily occupied by you with permission of the owner, or b The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days 6 The following replaces Paragraph 4 b (1)(b) of SECTION IV -- COMMERCIAL GENERAL LIABILITY CONDITIONS (b) That is insurance for "premises damage", or 7 Paragraph 4 b (1)(c) of SECTION IV — COMMERCIAL GENERAL LIABILITY CON- DITIONS is deleted C INCREASED SUPPLEMENTARY PAYMENTS 1 The following replaces Paragraph 1.b of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION 1 — COVER- AGE b Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies We do not have to fur- nish these bonds 2 The following replaces Paragraph 1 d of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION 1 — COVER- AGES d All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work D INCIDENTAL MEDICAL MALPRACTICE 1 The following is added to the definition of "oc- currence" in the DEFINITIONS Section "Occurrence" also means an act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person 2. The following is added to Paragraph 2 a (1) of SECTION II — WHO IS AN INSURED Paragraph (1)(d) above does not apply to "bodily injury" arising out of providing or fail- ing to provide (1) "Incidental medical services" by any of your "employees" who is a nurse practi- tioner, registered nurse, licensed practical nurse, nurse assistant, emergency medi- cal technician or paramedic, or (11) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or vol- unteer doctor Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan ser- vices" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your busi- ness Page 2 of 6 co 2011 The Travelers Indemnity Company All rights reserved 948103891 20-21 BA,GL,XS WC 1 Brigitte Leber 13/27120209:37.13AM (PDT) 1 Page 10 of16 CGD3161111 3 The following is added to Paragraph 5, of SECTION 11I — LIMITS OF INSURANCE For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one per- son will be deemed to be one "occurrence" 4 The following exclusion is added to Para- graph 2 , Exclusions, of SECTION 1 — COV- ERAGES -- COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Sale Of Pharmaceuticals "Bodily Injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consent of, the insured 5 The following is added to the DEFINITIONS Section "Incidental medical services" means a Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages, or b The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances "Good Samaritan services" means any emer- gency medical services for which no compen- sation is demanded or received 6 The following is added to Paragraph 4.b,, Ex- cess Insurance, of SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDI- TIONS The insurance is excess over any valid and collectible other insurance available to the in- sured, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" or "volunteer workers" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices", first aid or "Good Samaritan services" to any person to the extent not subject to Paragraph 2 a (1) of Section II — Who Is An Insured E WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4 of SECTION II — WHO IS AN INSURED COMMERCIAL GENERAL LIABILITY 4 Any organization you newly acquire or form, other than a partnership, joint venture or lim- ited liability company, of which you are the sole owner or in which you maintain the ma- jority ownership interest, will qualify as a Named insured if there is no other insurance which provides similar coverage to that or- ganization However a Coverage under this provision is afforded only (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it, or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it, and we agree in writing that it will con- tinue to be a Named Insured until the end of the policy period, b Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization, and c Coverage B does not apply to "personal in- jury" or "advertising injury" ansing out of an offense committed before you acquired or formed the organization F. WHO IS AN INSURED — BROADENED NAMED INSURED — UNNAMED SUBSIDIARIES The following is added to SECTION II — WHO IS AN INSURED Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declara- tions is a Named Insured if you maintain an own- ership interest of more than 50% in such subsidi- ary on the first day of the policy period No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal injury" or "advertising injury" caused by an of- fense committed after the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such sub- sidiary CG D3 16 11 11 © 2011 The Travelers lndemntty Company All rights reserved 54810389120-21 BA,GL,XS,WC i Brigitte Leber i 312712020 9:37:13AA1(PDT) i Page 11 of 16 Page 3 of 6 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED — OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II — WHO IS AN INSURED Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement to in- clude as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury" "property damage", "personal injury" or "advertising injury' that a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement, and b Arises out of the ownership, maintenance or use of that part of any premises leased to you The insurance provided to such premises owner, manager or lessor is subject to the following pro- visions a The limits of insurance provided to such premises owner, manager or lessor will be the minimum limits which you agreed to pro- vide in the written contract or agreement, or the limits shown on the Declarations, which- ever are less b The insurance provided to such premises owner, manager or lessor does not apply to (1) Any "bodily injury" or "property damage" that occurs, or 'personal injury" or "adver- tising injury" caused by an offense that is committed, after you cease to be a tenant in that premises, or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, lessor or manager c The insurance provided to such premises owner, manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this in- surance must be primary to or non- contributory with, such other insurance, in which case this insurance will be primary to, and non-contributory with, such other insur- ance Page 4of6 FL BLANKET ADDITIONAL INSURED — LESSORS OF LEASED EQUIPMENT The following is added to SECTION II — WHO IS AN INSURED Any person or organization that is an equipment lessor and that you have agreed in a written con- tract or agreement to include as an insured an this Coverage Part is an insured, but only with re- spect to liability for "bodily injury", "property dam- age" "personal injury" or "advertising injury" that a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement, and b Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor The insurance provided to such equipment lessor is subject to the following provisions a The limits of insurance provided to such equipment lessor will be the minimum limits which you agreed to provide in the written contract or agreement, or the limits shown on the Declarations, whichever are less b The insurance provided to such equipment lessor does not apply to any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an of- fense that is committed, after the equipment lease expires c. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this insurance must be primary to, or non-contributory with, such other insurance, in which case this insurance will be primary to, and non-contributory with, such other in- surance I. BLANKET ADDITIONAL INSURED — STATES OR POLITICAL SUBDIVISIONS — PERMITS The following is added to SECTION II — WHO IS AN INSURED Any state or political subdivision that has issued a permit in connection with operations performed by you or on your behalf and that you are required © 2011 The Travelers Indemnity Company Aii rights reserved CG D3 1611 11 54810389120-21 BA,GL,XS WC j Brigitte Leber i 3/27/2020 9:37.13 AM (PDT)1 Page 12 of 16 by any ordinance, law or building code to include as an additional insured on this Coverage Part is an Insured, but only with respect to liability for "bodily injury' , 'property damage", "personal in- jury" or "advertising injury" arising out of such op- erations The insurance provided to such state or political subdivision does not apply to a Any "bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for that state or po- litical subdivision, or b Any "bodily injury" or "property damage" in- cluded in the "products -completed operations hazard" J KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2 , Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV -- COMMERCIAL GEN- ERAL LIABILITY CONDITIONS e The following provisions apply to Paragraph a. above, but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1 or 2 of Section II -- Who Is An Insured (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known by you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your "executive offi- cers" or directors (if you are an organiza- tion other than a partnership, joint venture or limited liability company) or any "em- ployee" authorized by you to give notice of an "occurrence" or offense (2) If you are a partnership, joint venture or limited liability company, and none of your partners, joint venture members or man- agers are individuals, notice to us of such occurrence" or offense must be given as soon as practicable only after the "occur- rence" or offense is known by (a) Any individual who is (i) A partner or member of any part- nership or joint venture, CG D3 16 11 11 (3) COMMERCIAL GENERAL LIABILITY (ii) A manager of any limited liability company, or (iii) An executive officer or director of any other organization, that is your partner, joint venture member or manager, or (b) Any "employee" authorized by such partnership, joint venture, limited Ii - ability company or other organization to give notice of an "occurrence or offense Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your work- ers' compensation insurer This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- scribed in Paragraphs e (1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply However, if this Coverage Part includes an en- dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge, release or es- cape of "pollutants" which contains a requirement that the discharge, release or escape of "pollut- ants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e does not affect that require- ment K UNINTENTIONAL OMISSION The following is added to Paragraph 6 , Repre- sentations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not preju- dice your rights under this insurance However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations L BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS © 2011 The Travelers Indemnity Company All rights reserved Page 5 of 6 M810389120-21 BA,CL,XS,WC !Brigitte Leber! 3/21/2020 9.37.13 AM (PDT} 1 Page 13 or 16 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- ment to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza- tion, but only for payments we make because of a "Bodily injury" or "property damage" that oc- curs, or b "Personal injury" or "advertising injury" caused by an offense that is committed, subsequent to the execution of that contract or agreement M AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section 3 "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time N CONTRACTUAL LIABILITY -- RAILROADS 1 The following replaces Paragraph c of the definition of "insured contract" in the DEFINI- TIONS Section c. Any easement or license agreement, 2 Paragraph f (1) of the definition of "insured contract" in the DEFINITIONS Section is de- leted Page 6 of 6 O 2011 The Travelers Indemnity Company All rights reserved 5!810389120-21 BA,CL,XS,WC 1 Brigitte Leber 13/272020 9:37.13 AM (PDT)1 Page 14 of 16 CG D3 16 11 11 DT22C09F220791 TCT20 COMMERCIAL GENERAL LIABILITY CG20370704 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies insurance prowled under the following COMMERCIAL GENERAL. LIABILITY COVERAGE PART SCHEDULE None Of Additional Insured Person(s) Or Organlrat1on�s i Location And Description Of Completed Opera - lions Information required to complete this Schedule d not shown above vn11 be shown in the Dectaratwns Section 11 — Who Is An Insured is amended to include as an additional insured the persons) a1 organ izaton(s) showst in the Schedule. but onty with respect lo liability for "bodily injury' or "property damage- caused in whole or in part by' your mak" al the location designated and described in the schedule of this endorsement performed for that additional insured and included in the 'products completed operator* hazaid" CG 20 37 07 04 d"? ISO Propenies Inc 2004 Page 1 GI'S 54610359 120-21 11A,GL,XS \VC I Brigitte Leber 1 3127/2020 9.37.13 AM (PDT}1 Page 15 at 16 TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) POLICY NUMBER UB0K4988572026G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy We will not enforce our right against the person or organization named in the Schedule The additional premium for this endorsement shall be % of the California workers` compensation pre- mium Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSRED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated (The Information below is required only when this endorsement is issued subsequent to preparation of the policy ) 03/30/2020 Endorsement Effective Policy No Endorsement No Insured Premium Borden Excavatuig, Inc Insurance Company DATE OF ISSUE Travelers Property Casualty Company of America Countersigned by ST ASSIGN Page 1 of 1 54010389 120-21 BA,CL,XS,WC 1 Brigitte Leper 13/2712020 9:37:13 AM (PDT)1 Page T6 of 16 City of Redlands 35 Cajon Street Ste 4 Redlands CA 92373