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HomeMy WebLinkAboutHARDY & HARPER, INC. (MCFADDEN AVENUE REHABILITATION) CITY OF SANTA ANA I°u1 % 201fi CONSTRUCTION CONTRACT o:Pwla t�) PROJECT 23-6706 MfOVtAMcnrMhU4-1-) MCFADDEN AVENUE REHABILITATION This CONSTRUCTION CONTRACT is made and entered into this 19th day of May, 2026 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Hardy & Harper, Inc. (hereinafter"CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and famish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, McFadden Avenue Rehabilitation (hereinafter referred to as the "WORD OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the"Contract Documents"as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed One Million Six Hundred Ninety Two Thousand One Hundred Dollars and Zero Cents ($1,+692,100.00), as set forth and identified in the itemized BID PROPOSAL uploaded by the Contractor to Planet ids, which is attached hereto and incorporated herein as Exhibit`°A". The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only,and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev.09101/2017 Page I of 3 E 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements and Liquidated Damages section of the BID PROPOSAL (Exhibit `B") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5, The CONTRACTOR will pay,and will require all subcontractors to pay,all employees on the WORD OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. G. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement,which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA, The CWA may be found on the City's website at: httn:llwww.saute-ana.org/pwa/documents/CWA.udf 7. CONTRACTOR shall, after award of this Contract,furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work(Performance Bond),and one in the amount of One Hundred Percent(100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars($500,000),the Warranty Bond amount shall be the greater of Ten Thousand Dollars($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars($500,000),the Warranty Bond amount sha1l be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent(10%)of the final contract price. 4. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions,to be approved by the CITY. 10. INDEMNIFICATION, To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property,arising directly or indirectly from,or in any manner relating to,any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; Page 2 of 3 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any Iower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any Iower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: CITY O SANTA AN IF H L ALVARO NUNEZ Cit City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney Hardy&Harper c. I ; I E NELLESEN BY: ichael Amundson Assistant City Attorney TITLE:Vice President RECOMMENDED FOR APPROVAL: OLF OSAS, P.E. Acting Executive Director Public Works Agency Page 3 of 3 4 r f AIR CERTIFICATE OF LIABILITY INSURANCE FQAT5i�31z�zsYYl 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: It 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 CONTACT NAME: Karlee Crowe The Baldwin Group West, LLC P,,H4NE 714 505 7000 RnAIc No: 714 573 1770 15901 Red Hill Ave, Ste 100 EMAIL Tustin CA 92780 ADDRESS: Karlee.Crowe baldwin.com INSURERS AFFORDING COVERAGE NAIC# License#:OF69771 INSURER A:Great American Insurance Coma 16691 INSURED HARD&HA-02 INSURER 6:Great American Excess&Sur lu 37532 Hardy&Harper, Inc.32 Rancho Circle INSURERC: BITCO General Insurance Cor or 20095 Lake forest CA 92630 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1469257872 REVISION NUMBER: THIS 15 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 On 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. INTA TYPE OF INSURANCE AQQL SUBR POLICY EFF POLICY EXP L POLICY NUMBER MMf DIYYYY MMIODIYYYY LIMITS C X COMMERCIAL GENERAL LIABILITY Y Y CLIP 3771023 4/15/2026 4/1512027 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $100.000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO- ❑ -- JECT LOC PRODUCTS-COMPIOP AGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY Y Y CAP 3771022 4115/2026 4/15/2027 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANYAUTO BODILY INJURY(Par person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED fx NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A UMBRELLA LIAR X OCCUR Y Y TUE 4369837 04 4/15/2026 4115/2027 EACH CCCURRENCE $6,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $6,000,000 DED RETENTION $ C WORKERS COMPENSATION Y WC3771024 4/1512026 4/15/2027 X I PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMREREXCLUDED7 NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional Lablllty PCM E502853 06 4/15/2026 4/15/2027 Each Dom ence 1,000,000 Pollution Liability Annual Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space Is regulred) General Liability Additional Insured, Primary and Noncontributory,and Waiver of Subrogation applies per attached endorsements. General Liability Aggregate limit per project applies per attached endorsements, Auto Liability Additional Insured,Primary and Noncontributory,and Waiver of Subrogation applies per attached endorsements.Work Comp Waiver of Subrogation applies per endorsement VVC040306. 30 day Notice of cancellation applies per attached endorsements. RE: Project No.:23-6706;24950-McFadden Avenue Rehabilitation-Raitt Avenue to Grand Avenue Additional Insureds:The City of Santa Ana,its officers,employees,agents,volunteers and representatives CERTIFICATE HOLDER APPROVED CANCELLATION By Tu Tran Nguyen at 8:23 am,May 20,2026 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD BITOD General Insurance Corporation BITCO National Insurance Company ADDITIONAL INSURED—PRIMARY AND NON-CONTRIBUTORY This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insurecU' 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. SCHEDULE Name of Person(s)or Organizabon(s): WHERE REQUIRED BY AN EXECUTED WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an'insured"for liability Coverage,but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form If the person or organization shown in the schedule qualifies as an "insured'for Liability Coverage, and they have coverage as a first-named insured under another policy,this policy is primary to and non-contributory with that other insurance. All other terms,conditions,and exclusions apply. Named Insured: HARDY & HARPER, INC. Policy Number: CAP 3771022 Endorsement No.: 1 Policy Period: 04-15-26 to 04-15-27 Endorsement Effective Date: 04-15-26 Producer's Name: BURNHAM WGB INS. SOLUTIONS, LLC Producer Number: 0006705 us& 0411512O26 A ED REPRESENTATIVE DATE I AA75338(01/22) BITCO GENERAL INSURANCE CORPORATION BITCO NATIONAL INSURANCE COMPANY EARLY NOTICE OF CANCELLATION PROVIDED BY US THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM Common Policy Conditions,A Cancellation,2. is replaced by the following: 2. We may cartel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. TEN ( 10 ) days before the effective date of cancellation if we cancel for nonpayment of premium;or b. SIXTY ( 60 ) days before the effective date of cancellation if we cancel for any other reason. Named Insured: HARDY & HARPER, INC. Policy Number: CAP 3771022 Endorsement No.: 1 Policy Period: 04-15-26 to 04-15--27 Endorsement Effective Date: 04-15-26 Producer's Name: BURNHAM WGB INS. SOLUTIONS, LLC Producer Number: 0006705 FwNd4%"`4w, 0411512026 AUTI-IODIZED REPRESENTATIVE _- DATE C -5370(01/22) POLICY NUMBER: CAP 3771022 COMMERCIALAUTO CA20481013 THS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY OVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM Wth 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 Coverage under the VWio Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. Ibis endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Hardy & Harper, Inc Endorsement Effective Date: 4/15/2026 SCHEDULE Name Of Person(s)Or Organizations): ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN "INSURED CONTRACT" TO DESIGNATE AS AN ADDITIONAL INSURED SUBJECT TO ALL THE PROVISIONS AND LIMITATIONS OF THIS POLICY. Information required to complete this Schedule if not shown above will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Lability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A,1. of Section II - Covered Autos Lability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D12. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA20481013 ©Insurance Services Office, Inc., 2011 Page oft POLICY NUMBER: CAP 3771022 COMMERCIALAUTO CA04441013 THS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM Wth respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Namedlnsured: HARDY& HARPER, INC. Endorsement Effective Date:4/15/2026 SCHEDULE Name(s)Of Person(s)Or Organizations): ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED IS OPERATING UNDER WRITTEN CONTRACT WHEN SUCH CONTRACT REQUIRES A WAIVER OF SUBROGATION. Information required to com fete this Schedule if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04441013 O Insurance Services Office, Inc., 2011 Pagel of 1 Policy Number: CLP 3771023 IL02700720 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAUFOMIA CHANGES® CANCELLATION AND NONF3ENEWAL. This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM(OUTPUT'POLICY)COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL.LIABILITY COVERAGE PAITF COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES UAEILJTY OOVERAGE PART EQLjl PMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT&COMPLETED OPERATIONS LIABILITY COVERAGE PART A Paragraphs 2. and 3. of the Cancellation Camion 3. All Policies In Effect For More Than 60 Days Policy Condition are replaced by the following: a, If this policy has been in effect for more than 2. All Policies In Effect For 60 Days Or Less 60 days, or is a renewal of a policy we issued, If this policy has been in effect for 60 days or we r-nay cancel this policy only upon the less, and is not a renewal of a policy we have occurrence, after the effective date of the previously issued, we may cancel this policy by policy, of one or more of the following: mailing or delivering to the first Named Insured,at (1) Nonpayment of premium, including the mailing address shown in the policy, and to payment due on a prior policy we issued the producer of record, advance written notice of and due during the current policy term cancellation, starting the reason for cancellation, covering the same risks. at least: (2) Discovery of fraud or material a. 10 days before the effective date of misrepresentation by: cancellation if we cancel for: (a) Any insured or his or her (1) Wnpayment of premium;or representative in obtaining this (2) [Discovery of fraud by: insurance;or (a) Any insured or his or her (b) You or your representative in pursuing representative in obtaining this a ddm under this policy. insurance;or (3) A judgment by a court or an adrdnistrative tribunal that you have violated a California (b) You or your representative in pursuing a daim under this policy. or Federal law, having as one of its necessary elements an act which b. 30 days before the effective date of materially increases any of the risks cancellation if we cancel for any other reason. insured against. IL 02'70 0720 0 Insurance Services Office, Inc.,2020 Page 1 of 4 (4) Discovery of willful or grossly negligent B. The following provision is added to the Cancellation acts or omissions, or of any violations of Common Policy Condition: state laws or regulations establishing 7 Residential Property safety standards, by you or your representative, which materially increase This provision applies to coverage on real any of the risks insured against. property which is used predominantly for (5) Failure by you or your representative to residential purposes and consisting of not more implement reasonable loss control than four dwelling units, and to coverage on requirements, agreed to by you as a tenants' household personal property in a condition of policy issuance, or which residential unit, if such coverage is written under were conditions precedent to our use of a one of the following: particular rate or rating plan, if that failure Commercial Property Coverage Part materially increases any of the risks Farm Coverage Part — Farm Property — Farm insured against. Dwellings, Appurtenant Structures And (6) A determination by the Commissioner of Household Personal Property Coverage Form Insurance that the: a If such coverage has been in effect for 60 (a) Loss of, or changes in, our reinsurance days or less, and is not a renewal of coverage covering all or part of the risk would we previously issued, we may cancel this threaten our financial integrity or coverage for any reason, except as provided solvency; or in b. and c. below. (b) Continuation of the policy coverage b. We may not cancel this policy solely because would: the first Named Insured has: (i) Place us in violation of California (1) Accepted an offer of earthquake coverage; law or the laws of the state where or we are domiciled; or (2) Cancelled or did not renew a policy issued (ii) Threaten our solvency. by the California Earthquake Authority (CEA) that included an earthquake policy (7) A change by you or your representative in premium surcharge. the activities or property of the commercial However, we shall cancel this policy if the first or industrial enterprise, which results in a materially added, increased or changed Named Insured has accepted anew or risk, unless the added, increased or renewal policy issued by the CEA that includes an earthquake policy premium changed risk is included in the policy. surcharge but fails to pay the earthquake b. We will mail or deliver advance written notice policy premium surcharge authorized by the of cancellation, stating the reason for CEA cancellation, to the first Named Insured, at the c. We may not cancel such coverage solely mailing address shown in the policy, and to because corrosive soil conditions exist on the the producer of record, at least: premses. This restriction (c.) applies only if (1) 10 days before the effective date of coverage is subject to one of the following, cancellation if we cancel for nonpayment which exclude loss or damage caused by or of premium or discovery of fraud; or resulting from corrosive soil conditions: (2) 30 days before the effective date of (1) Commercial Property Coverage Part — caacellation if we cancel for any other Causes Of Loss—Special Form; or reason listed in Paragraph 3.a (2) Farm Coverage Part — Causes Of Loss Form — Farm Property, Paragraph D. Covered Causes Of Loss—Special. Page 2 of 4 O Insurance Services Office, Inc.,2020 IL 02 70 97 20 d. If a state of emergency under California Law a If this policy provides coverage as described is declared and the residential property is in the preceding paragraph, and we elect not located in any ZIP Code within or adjacent to to renew this policy, we will mail or deliver the fire perimeter, as determined by California written notice, stating the reason for Law, we may not cancel this policy for one nonrenewal, to the first Named Insured shown year, beginning from the date the state of in the Declarations, and to the producer of emergency is declared, solely because the record, at the mailing address shown in the dwelling or other structure is located in an policy, at least 75 days,but not more than 120 area in which a wildfire has occurred. days, before the expiration or anniversary However,we may cancel: date. (1) When you have not paid the premium, at If we fail to give the first Named Insured any time by letting you know at least 10 shown in the Declarations notice of days before the date cancellation takes nonrenewal at least 75 days prior to the policy effect; expiration, as required in the paragraph (2) If willful or grossly negligent acts or above, this policy, with no change in its terms omissions by the Named Insured, or his or and conditions, shall remain in effect for 75 her representatives, are discovered that days from the date that the notice of materially increase any of the risks insured nonrenewal is delivered or mailed to the against;or Named Insured. A notice to this effect shall be provided by us to the first Named Insured with (3) If there are physical changes in the the notice of nonrenewal. property insured against, beyond the h. Vide may elect not to renew such coverage for catastropha darnaged condition of the any reason, except as provided in Paragraphs structures and surface landscape, which c.,d. and e,below result in the property becoming uninsurable. a We will not refuse to renew such coverage C. The following is added and supersedes any rely because the first Named Insured has provisions to the contrary: accepted an offer of earthquake coverage. Non rereW However, the following applies only to insurers who are associate participating 1. Subject to the provisions of Paragraphs Q2. and insurers as established by W. Ins. Code Q3. below,if we elect not to renew this policy,we Section 10089.16. M may elect not to renew will mail or deliver written notice, stating the such coverage after the first Named Insured reason for nonrenewal, to the first Named Insured has accepted an offer of earthquake shown in the Declarations, and to the producer of coverage, if one or more of the following record, at least 60 days, but not more than 120 reasons applies: days,before the expiration or anniversary date. (1) The nonrenewal is based on sound Wb will mail or deliver our notice to the first underwriting principles that relate to the Named Insured, and to the producer of record, at coverages provided by this policy and that the mailing address shown in the policy. are consistent with the approved rating 2. Residential properly plan and related documents filed with the This provision applies to coverage on real Department of Insurance as required by property used predominantly for residential existing law, purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part — Farm Property — Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form i i IL,02 70 07 20 OO Insurance Services Office, Inc.,.2020 Page 3 of 4 (2) The Commissioner of Insurance finds that However, we may nonrenew. the exposure to potential losses will (1) If willful or grossly negligent acts or threaten our solvency or place us in a omissions by the Named Insured, or his or hazardous condition. A hazardous her representatives, are discovered that condition includes, but is not lirnited to, a materially increase any of the risks insured condition in which we make claims against; payments for losses resulting from an earthquake that occurred within the ( )2 If losses unrelated to the postdisaster loss preceding two years and that required a condition of the property have occurred reduction in policyholder surplus of at least that would collectively render the risk 251!°for payment of those claims; or ineligible for renewal; or (3) We have: (3) If there are physical changes in the (a) Lost or experienced a substantial property insured against, beyond thecatastrophe-damaged condition of the reduction in the availability or scope of structures and surface landscape, which reinsurance coverage; or result in the property becoming (b) Experienced a substantial increase in uninsurable, the premium charged for reinsurance 3, We are not required to send notice of nonrenewal coverage of our residential property in the following situations: insurance policies; and the Commissioner has approved a plan for a If the transfer or renewal of a policy, without any charges in terms, conditions or rates, is the nonrenewals that is fair and equitable, and that is responsive to the changes in group. n us and a member of our insurance our reinsurance position. group. b. If the policy has been extended for 90 days or d. We will not refuse to renew such coverage lam, provided that notice has been given in solely because the first Named Insured has accordance with Paragraph C.1. cancelled or did not renew a policy, issued by the California Earthquake Authority, that c. If you have obtained replacement coverage, included an earthquake policy premium or if the first Named Insured has agreed, in surcharge. writing, within 60 days of the termination of a We will not refuse to renew such coverage the policy,to obtain that coverage. solely because corrosive soil conditions exist d. If the policy is for a period of no more than 60 on the premises. This restriction (e.) applies days and you are notified at the time of only if coverage is subject to one of the issuance that it will not be renewed. following, which exclude loss or damage e. If the first Named Insured requests a change caused by or resulting from corrosive soil in the terms or conditions or risks covered by conditions: the policy within 60 days of the end of the (1) Commercial Property Coverage Part — policy period. Causes Of Loss—Sped a] Form; or f. If we have made a written offer to the first (2) Farm Coverage Part — Causes Of Loss Named Insured, in accordance with the Form — Farm Property, Paragraph D. timefrarres shown in Paragraph CA., to Covered Causes Of Loss—Special. renew the policy under changed terms or f. If a state of emergency under Califomia Law conditions or at an increased premium rate, when the increase exceeds 25°/a is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter, as determined by Califomia Law, we may not nonrenew this policy for one year, beginning from the date the state of emergency is declared, solely because the dwelling or other structure is located in an area in which a wildfire has occurred. Page 4 of 4 ®Insurance Services Office, Inc., 2020 IL 02 70 07 20 Policy Number:CLP 3771023 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 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) Locations Of Covered Operations ANY PERSON OR ORGANIZATION FOR WHOM ALL LOCATIONS THE NAMED INSURED IS OPERATING UNDER WRITTEN CONTRACT 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 additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: 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 your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. 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 1012 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 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 we applicable limits of insurance. 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 O Insurance Services Office, Inc., 2018 CG 20 10 1219 Policy Number:CLP 3771023 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 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 Or anization s Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION FOR WHOM ALL LOCATIONS THE NAMED INSURED IS OPERATING UNDER WRITTEN CONTRACT 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 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, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance, 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 371219 © Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number: C L P 3771023 COMVERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEIVENf CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER W TFRANSFER W RICi n W RECOVERY AGMNS7 MEM 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/ OMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s)Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED IS OPERATING UNDER WRITTEN CONTRACT Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: M 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 ©Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number:CLP 3771023 COMMML GENERAL LIABILITY CG2001 1219 THS ENDORMVENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRMRY AND NONCO BUrORY OTHER INSURANCE CONDmON This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTSr00MPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition (2) You have agreed in wrfting in a contract or and supersedes any prWsfon to the contrary: agreement that this insurance would be Primary And Noncontributory Insurance Primary and would riot seek contribution from This insurance is primary to and will not seek insured. other insurance available to the additional 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 CG20 01121J ©Insurance Services Office, Inc.,2018 page 1 Of 1 roncy iNumoer: rknn cnuzoozj ub P. GREEN BUILDING MATERIALS mean any building products or construction materials that are recognized by The Leadership in Energy and Environmental Design (LEEDO) or Energy Star as: (1) being environmentally preferable or sustainable; or(11) providing enhanced energy efficiency. Q. INSURED means: I. the FIRST NAMED INSURED; 2. any ADDITIONAL NAMED INSURED; and 3. any present or former director, officer, partner, member, employee, leased or temporary worker of the FIRST NAMED INSURED or any ADDITIONAL NAMED INSURED, while acting within the scope of his/her duties as such; and 4. any organization or entity, in existence at any time prior to the POLICY PERIOD, in which the FIRST NAMED INSURED has: (1)an ownership interest of fifty percent(50%)or more; or(ii)control over the management thereof; and 5. any joint venture in which the FIRST NAMED INSURED or any ADDITIONAL NAMED INSURED is named as a co- venturer, but solely to the extent such FIRST NAMED INSURED orADDITIONAL NAMED INSURED is liable because of its performance CONTRACTING SERVICES provided under such joint venture; and 6. solely with regard to Coverage B under this Policy and only when required by written contract, INSURED also includes: (a) the client for whom the INSURED performs CONTRACTING SERVICES provided that such contract was signed by the INSURED and such client prior to the date the POLLUTION CONDITION first commenced. However, the client is included as an INSURED under this Policy solely to the extent that the client is found liable based upon CONTRACTING SERVICES negligently performed by an INSURED other than the client. No coverage will be provided for such entity's own negligence or strict liability; and (b) any entity unrelated to the FIRST NAMED INSURED or any ADDITIONAL NAMED INSURED, provided that such contract was signed by the INSURED and the client for whom the INSURED performs CONTRACTING SERVICES prior to the date the POLLUTION CONDITION first commenced. However, such entity is included as an INSURED under this Policy solely to the extent that it is found liable based upon CONTRACTING SERVICES negligently performed by an INSURED other than such entity. No coverage will be provided for such entity's own negligence or strict liability. Coverage for such client or entity under this Policy shall not exceed the lesser of the following amounts: (1) the Limit of Liability required under such written contract; or (11) the applicable Coverage B Limit of Liability of this Policy. However, INSURED does not include and DESIGN PROFESSIONAL Notwithstanding Section IX. CONDITIONS, Item N. OTHER INSURANCE, and only when required by such written contract, the coverage afforded under this Policy for any person or entity who is an INSURED solely by reason of subparagraph 6. of the Definition of INSURED will apply as primary as to any other valid and collectible insurance available to such INSURED. R. JOB SITE means a location at which CONTRACTING SERVICES are performed.JOB SITE also includes real property rented or leased by the INSURED during the course of performing CONTRACTING SERVICES, but only if such real property is utilized in direct support of such CONTRACTING SERVICES. However, JOB SITE does not include any: 'I. COVERED LOCATION; or (Page 5 of 23) rVULy IVUIIluul. rLIVI L-JVGViJJ VV afforded coverage to an INSURED under Coverage A.2., that the INSURED fully implement the written plan for correcting the purported act, error or omission as approved by the Company. N. OTHER INSURANCE - Subject to Section VI. Limit of Liability and Self-insured Retention, this insurance shall apply only in excess of the sum of the Self-Insured Retention amount stated in the Declarations and the applicable limits of any other valid and collectible insurance available to the INSURED, whether such other insurance is stated to be primary, pro rata, contributory, excess, contingent or otherwise, unless such other insurance is written only as specific excess insurance over the applicable Limits of Liability of this Policy. O. SEVERABILITY - Except with respect to the Limits of Liability, Self-Insured Retention, Exclusion 10. ("Insured vs. Insured")and any rights and duties assigned in this Policy to the FIRST NAMED INSURED,this insurance applies as if each INSURED were the only INSURED and separately to each INSURED against whom a CLAIM is made. Any misrepresentation, act or omission that is in violation of a term, duty or condition under this Policy by one INSURED shall not by itself affect coverage for another INSURED under this Policy. This Condition O. shall not apply to an INSURED who is a parent, subsidiary or affiliate of the INSURED which committed the misrepresentation, act or omission referenced above. P. SOLE AGENT-The FIRST NAMED INSURED stated in the Declarations shall act on behalf of all INSUREDs for the payment or return of premium, receipt and acceptance of any endorsement issued to form a part of this Policy, giving and receiving notice of cancellation or non-renewal, and the exercise of the rights provided under Section V., EXTENDED REPORTING PERIOD. Q. SUBROGATION - If the INSURED has rights to recover, from another person or organization, all or any part of a payment the Company makes under this Policy, those rights are transferred to the Company. The INSURED shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The INSURED shall do nothing to prejudice such rights.Any monies recovered as a result of subrogation proceedings shall accrue first to the INSURED to the extent of any payments it made in excess of the limits of liability, then to the Company to the extent of its payment underthe Policy,and then to the INSURED to the extent of its payment of the self-insured retention. Expenses incurred In such subrogation proceedings shall be apportioned amongst the INSURED and Company in the proportion that each interested party's share in the recovery bears to the total recovery. However, the Company specifically waives any rights of recovery against any person or organization as required in a written contract that was fully executed prior to the commencement of the applicable CONTRACTING SERVICES or PROFESSIONAL SERVICES. (Page 23 of 23) 1 BITCO GENERAL INSURANCE CORPORATION BITCO NATIONAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHTTO RECOVER FROM OTHERS ENDORSEIVEMT THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDERTHE FOLLOWING: WORKERS'COMPENSATION AND EMPLOYERS'LIASILITYINSURANCE Vlfe have the right to recover our payments from anyone liable for an injury covered by this policy. V1fe will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectlyto benefit anyone not named in the Schedule. Schedule WHEN REQUIRED BY WRITTEN CONTRACT. The premium charge for this endorsement is: Named Insured HARDY & HARPER, INC. Policy Number WC 3771024 Endorsement No. Policy Period 04-15-26 to 04-15-27 Endorsement Effective Date: 4-15-26 Producer's Name: Burnham Risk & Insurance Solutions Producer Number: 0006473 /GUt,G A 4-15-26 AUTHORIZED REPRESENTATIVE DATE WC 99 0315(09121)