The URL can be used to link to this page

Home My WebLink AboutVido Artukovich and Son Inc/Vidmar Inc A JV - 2024-09-18 RECEIVED BY: CITY CLERK RECEIPT COPY `J{, � i'�/V_ . A(( 6.� Return DUPLICATE to J � City Clerk's Office (Name) after signing/dating to ( ' / (Date) CITY OF HUNTINGTON BEACH RA INTERDEPARTMENTAL COMMUNICATION le TO: City Treasurer FROM: City Clerk 4 DATE: SL 'I-*m! (40— ��jT, _" 1 SUBJECT: Bond Acceptance I have received the bonds for Vi c10, A G . 4 Sry . (ruc./Vithvr t ttc. Gt..` v (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. 1'2 13(5JCED 3 Payment Bond (Labor and Materials) Bond No. 'gCq-JC5cG-3 Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved (Council Approval Date) �/ CC No. b �"1 Agenda Item No. Y\ / /C MSC No. City Clerk Vault No. Lona. Ju Other No. SIRE System ID No. g:/forms/bond transmittal to treasurer EMERGENCY REPAIR CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND VIDO ARTUKOVICH AND SON INC/VIDMAR INC A JV FOR CC1814- WARNER AVENUE SINKHOLE REPAIR PROJECT THIS AGREEMENT("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and VIDO ARTUKOVICH AND SON INC/VIDMAR INC A JV, a California Corporation, hereinafter referred to as "CONTRACTOR." The Emergency Repair project,hereinafter referred to as "PROJECT," consists of repair of a sink hole and related issues in the area of Warner Avenue between Magnolia Avenue and Newland Street, in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services by the City Manager and Director of Finance. This project is excluded from Charter Section 614 as emergency repair. NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, 1 24-15125/349490 including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the contractors proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), has inspected the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 2 24-15125/349490 D. The edition of Standard Specifications for Public Works Construction, published by Builders', News, Inc., 10801 National "Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; E. CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the proposal which is in conflict herewith. 3 24-15125/349490 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT immediately upon execution of this Agreement and in no event later than ten(10)working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within forty(40) consecutive Working days from the day the Notice to Proceed is issued by the Department of Public Works (DPW), excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 4 24-15125/349490 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 5 24-15125/349490 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the fmal contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other 6 24-15125/349490 payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is,therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500.00) per each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather,or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the 7 24-15125/349490 findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen(15)days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL TIME OR MONEY. A. Definitions. (1) "Change Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; 8 24-15125/349490 (b) Payment of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; (c) Payment of an amount the CITY disputes; (d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT; or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW (or his or her written designee). All Demands shall be submitted promptly, but in no event later than thirty (30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand 9 24-15125/349490 within fifteen (15) days after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer, in writing, either within fifteen (15) days of receipt of the City Engineer's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR'S request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference, if the Demand remains in dispute, the CONTRACTOR may file a claim with the City as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the 10 24-15125/349490 CONTRACTOR submits his or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the schedule, the price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such 11 24-15125/349490 sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR'S affidavit covering disputed 12 24-15125/349490 claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of'per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 24-15125/349490 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA EIGHT-HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any 14 24-15125/349490 one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number,work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 23. INDEMNIFICATION,DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's 15 24-15125/349490 property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 24. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 el seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 16 24-15125/349490 25. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY; however an insurance policy"deductible"of Five Thousand Dollars ($5,000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 24-15125/349490 26. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement;the certificates shall: 1. Provide the name and policy number of each carrier and policy; 2. State that the policy is currently in force; and 3. Promise to provide that such policies will not be canceled or modified without thirty (30)days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 27. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction 18 24-15125/349490 which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 28, DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate,this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 29 and any damages shall be assessed as set forth in Section 29. 29. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by 19 24-15125/349490 reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. DISPOSITION OF PLANS,ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 31. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 32. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 33. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or 20 24-15125/349490 expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 34. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery,reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach Vido Artukovich and Son, Inc/Vidmar Inc. ATTN: Tom Herbel,Public Works ATTN: 2000 Main Street 11155 Rush Street Huntington Beach, CA 92648 El Monte, CA 91733 35. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21 24-15125/349490 36. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 37. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 38. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 39. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other 22 24-15 I 25/349490 whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 40. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 41. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 42. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 43. SURVIVAL Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement shall so survive. 44. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23 24-15125/349490 45. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 46. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on SJ/Olynh i 5fi- , 20 . 24 24-15125/349490 CONTRACTOR: CITY OF HUNTINGTON BEACH, a Vido Artukovich and Son, IncNidmar, Inc. munic' rp r 'on of th State of California By: /, Vido Artu ovich City Manager (print name) RECEIVED AND FILED: ITS: Chairman/President/Vice-President (circle one anaging Partner 42171114L, e6714441444) City Clerk 1/8/0214— AND INITIATED AND APPRO D: By: Director of Public Works (print name) ITS: Secretary/Chief Financial Officer Asst. Secretary/Treasurer REVIEWED AND APPROVED: (circle one) City Mana APPROVED A • 1SQ City Attorney 25 24-15125/349490 • B on d Number 72BCSJC5053 u er • Premium:$5,955.00 • • • PERFORMANCE BOND kNO1N ALL PERSONS:BY tHESEPRESENTS; WHEREAS City of Huntington Beach(horoaftei,refenedtoas"Clty?)has by written agreement dated • 20 entered into aiconhactwtfh" .... uido pr�ilkpyrr r3�$nn: n dinar Inc a JV 11155:Rush Strom Rnrrth f A 91733 (nameand address of Contractor): • •. (hereinafter referred to as'Pnnapai5 tar performance of the work•described as:follows t r�A�4 Warner Avenue Sinkhole.Repair Project (ProjadTHie). WHEREAS said contract; and all documents'.referenced:therein•:(hereinafter collectively• Contract) are tncorporaied herein by thlareference,,made a part hedwofas'though;set forth herein In full;and • Said-Prncipal is;requi ed anderthetenns of the Contract to fumrsh a bond guaranteeing the prompt;;full and faithful performance of said Contract by a dul admitted.surety insurer:under the Jaws of the'Siete'of Caltfoinla(hereinafter referred to as.'Surely');end' • Surely is cedtified and:➢steel m the U S Department of the'Treasury:Clcuiar570 and tras:,pmvnded.proof of suRfid®nt bcndiiig limitat ons as shdwn in,aetd:cretafar:to provide bonds fn•the'amount:regUired;by said • Surety provided financial strength ranee from reputal le companies such as tram A M,"Hest,Moody'a,;or Statile Poors ate,•to valid that Surety has posiive rating of s beuig secure or • Surety ja registered.and listed with ttte::Califomta:Department of Insurarim: NOV1f THEREFORE,we the•undersigned.as Prindpai..and • • KArtrywii Fire lrurance company ne Lc Hartford Plaza Hartford Cl.U61 b}UUiJi meand addn3ssaf.Surety • as Surety are field and:timil' bodnd'imto m ffie penatsum of•. • Seven Hundred Fifty Thousand and 00/100 Dolhars($750.000 00 )this arrrount being not less:than•one hundred percent of the-pr ce set fntth in • • the Contract 1@ lawfuimoney of the United States;for the paymentof whrdt sumell and;truly to be made;. • we bind nun elves eurhe ra,e�cecytors administrators end su ors Jomtlyand sev•erallfmniy by These' prese►its. '..... • THE COlJDmoN OFT}hIS OBLI•GATION IS SUCH THATifthe Pri•ncipal shall promptly ftdiy.and faithfully • •perform each and all of the covenattt;:obligatons and things io be done and performed bythe Principal:in . strict accordance'with the.temia oft a Contract as said contract maybe altered_arrmended or modiflett ironi. • time:totime,end:iflhe Prindpal shall Indemn ify and save harmless Gfiy.and all of City's otGters age nis:and employees(hereinafter collectively referred to as:'Obfigees)3romany and aG losses liability.and damages'," • darns;Judgments,stop notices fees and costs ofevery•descaplon,whether Imposed bylaw or in equity; • which:maybe incurred by the Obflgees.by reason:of the failure or default on the'part of the Principal in:the: performance of any oraif of the•terms orthe obligations ofthe Contract Induding:all alterations•.amendments: and modlfrcationa thereto and•anyweiianhes origuarantees requiredYl ereunder;;then this effec obhgabon.shall be> void otherwise rt`.atuill be etid aiiefl remain m full foaoe and: t., Surety stipulates!and agrees;far r value.eceived that no ar ustment of the lime nr pricein the:Contracforany alteration change;deletion;addrhonor other modil oshartto.the Corriract or the work to:be.performed • thereunder shalt In anyway.atiect liin it restrict,impairor_release ttte obirgallonsofthe Sanity underthis: • Bond .•Suretyawaives notice:ofeny adjustment of contract or.contract;priee,and.any other alteration;:change, • deletion addition:or other rriydificabon o the Contract,orthe woitiOlbe•performed thereunder and agrees • Bond.No. 72BCSJC5053 • io automatically adjust.the penal;sum ofthis:Bond.to reflect such:adjustments;alterations chap9 es, • deletions adtlHions of othermodillcalions. Surety agrees to proiride written:confirination afsuch_: adjustments m the penal sum to-City on not than a quarterly•basis .Surety also waives the. provisions of CivII..Code§§2845 and 2848.. • • The obligations of this.Bond shall survive the completion of the work described ih the Contract as.to• all obggations ghd Babtfitres of the Principal which survive completion of the:work • • • IN WITNESS WHEREOF each party represents and•warrants that this mstnrment hasbeen duly executed by Principaland Surety,:on the date•setfoith:below•that the name:of each corporate party tieing affixed hereto is such parrs properlegal name:and•thatthe lndfirlduals signing ttns iisfrumenf • have been dulyauthortzetl pursuant to the authority of its goveming body Surety hyexerafion of • this bond waives any.defense:which Suretytias ar may have by-reason of any failure;ofthe • Principal to execute orpropeityexecute is bond; Dated•: August 26,2024 . ATTEST..: . Vido Artukovich&Son IncNidmar Inc a JV . (Corporate Seal) . • (P*.t.d Name) • • •Name.• Vidn Artit.ko "ch:.. • nue: . Managing Partner •ATTEST. • • (borporaie'Seal). arms m y an • • Name: 5gnalureA_"tlomeY.n Faa r• surely).' 1 741307 Ulflach Attoineyan Faet Cedtej: . (Area Cede d Telajiiione;NurntierfOt Surety) • • • APPRDVEI)AS TI)F • • • —� idtaeLE Ga` C!h :Jt> 7 cte This bond mustbe:`execidedn,duplicate end dated,'.all signatrnesmustbe notaitzed acid evidence of Hie• authority of any Pelson stgnh!g es ariorna}Nn71a0'mustbe attached ` ' ' ' • • • • • PERFORMANCE BOND: • Pagc;2;o£.2. • • • • • • 15.45M�It7t74: :'. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the - truthfulness, accuracy or validity of that document. • State of California ) ss County of Los Angeles On t •`2", , before me, Patricia Arana, Notary Public, personally appeared Noemi Qulroz , who proved to me on the basis of satisfactory evidence to be the person$} whose name4$ is{e subscribed to the within instrument and acknowledged to me that 14e71she7ithey executed the same in #i€her/thcir authorized capacitOcs}, and that by J €her/thcir signatures} on the instrument the person44, or the entity upon behalf of which the person{4 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. Signature: PATRICIA ARANA (Seal)• Notary Public•California Patricia rasa, Notary Public _ `;`�'� = Los Angeles County z Commission k 2401773 7 "0'."" My Comm.Expires Apr 23,2026 Direct Inquiries/Claims to: POWER OF ATTORNEY THE HARTFORD BOND,T-11 • Ono Hartford Plaza Hartford,Connecticut06155 Bond.Clalmsfthehartford.com cell.888-266-3488 orlaz 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: SurePath r� Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut r--1 Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana r---1 Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut r� Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut rl Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois r— 1 Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana rl Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford,Connecticut(hereinafter colectively referred to as the"Companies")do hereby make,constitute and appoint Noemi Quiroz of Los Angeles,CA their true and lawful Attorney-in-Fact,to sign its name as surety(ies)only as delineated above by®,and to execute,seal and acknowledge the following bond,undertaking,contract or written instrument Bond No.72BCSJC5053 on behalf of Vido Artukovich&Son IncNid mar Inc a JV naming City of Huntington Beach as Obligee in the amount of See Bond Form on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by law. In Witness Whereof,and as authorized by a Resolution of the Board of Directors of the Companies on May 23,2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed,duly attested by its Assistant Secretary. Further,pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. .l • e � a �\ I I 1 q `S I I .garu nay' a g f o 0 E !T44,sa sari Sfkl,42/ 4..) • Shelby Wiggins,Assistant Secretary Joelle L LaPlerre,Assistant Vice President STATE OF FWRIDA SS. Lake Mary COUNTY OF SEMINOLE On this 20th day of May,2021,before me personally came Joelle LaPierre,to me known,who being by me duly sworn,did depose and say:that (s)he resides in Seminole County,State of Florida that(s)he is the Assistant Vice President of the Companies,the corporations described in and which - executed the above Instrument that(s)he knows the seals of the said corporations;that the seats affixed to the said Instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that(s)he signed hislher name thereto by like authority. oc;e•_ i ,• ;y. -�- ressireCaocmie •% CommissionaHR' My 12Z280 Expires lime 20,2025 I,the undersigned,Assistant Vice President of the Companies,DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of August 26,2024 Signed and sealed in Lake Mary,Florida. 4 a n:•__ \\ Imo .ftiNk if""ftN �\ _ !+, ��+anancr�' MuM►t y�t0TO 1079 • `-• ��... �Y-„ ,lj1 a•a� `�•r� Nu.. •- rabV• ep . Keith D.Dozcis,Assistant Vice President SurePath POA 2021 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 Los n V1iii✓1t5 On !NUTSi— 21o, a O M before me,Cluadal u pt WO( NrUa I NotAN ?WIC Date �j` Here Insert Name and Title o the Officer J personally appeared U l UU l\v�Rov i cV 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 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 GUADALUPE MARIE NAVA laws of the State of California that the foregoing _ Notary Public-California paragraph is true and correct. i�Y•-s Los Angeles County F.�' Commission#2394032 WITNESS myhand and official seal. w• "�� My Comm.Expires Feb 15,2026 r Signature d Place Notary Seal and/or Stamp Above • Signat of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner— 0 Limited 0 General 0 Partner— 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association • • • Bond Number.72BCSJC5053 • Premium Included in Charge for Performance Bond PAYMENT BOND:; (LABOR AND-MATERIALS):: • . • KNOW;AL L PERSONS BY.THESE::P.RESENTS: 1NHEREAS City:of Huntiii�oon&w h� (hereafter.referred toss"City):tins•awarded to • Vido Artukovich'&"Son Indmar.Inc a•JV •• • •',• 1115 Pli histreet South.El'Write;•CA 91733: • • . (name and address of Contractor)' South El Monte CA 91733 (hereinafterreferred to as'Pnncipar).e coritract:CContracr)for the work described asfollows=; IRI4 Warner Avenue Sinkhole Repair Project . CC • WHEREAS Principal is required under the terms of•the:.Contract:and•the.Calfornie:Civil Code•to:fumish a bond to;secure_the payment of claims:of laborers;mechanics materielmen and other persons as.provided:try la►v by a duly admitted surety insurer under Use laws.of'the State.of•California;)hereinafter refemed•to;as Surely') and" Surety Is certified_end Fisted.m the U 5 Department of the:7reasuiy Cir ular 570 and.has provided proof-:of sufficient•bonding Iimitahon;as shown in said:circular to.provide bonds in'the amount ritiOakeii by•said. Cortirad;and" .'' Surety has provided financial strength:,ratings from reputable companies such as from'A:M.Beat,'Moody's• or :Standard&Poor's,to validate ihat Surety has positive tattrigt of heht secure or steblef•and Surety is registered and•listed with the California Department of insurance: NOWTHEREFOi2E we the-undersignedPrtnciP al,and. 1•r f.,�a ki o rnc�ranrr(emnany One Hartford Plaza Hartford CT 06155.O001 :" as Surety are held end firmly bound unto City innfhe penal sum f Soven H,rnrirpd'FdtyTfiousand and 00/100: . dollars:($750 000.00 ):this amount being not.less than one :: hundred oareent(10096)ofthe total price satforth.ki the Contract,in_lawful money of the United States;of • ;America,forthe paymentof:which"sum Well and truly to be:made we°:bind:ourselves and:each 0 our heirs, executors administrators successors',and assigns jointly and severally,finely these presents. THE CONDITION.:O OFTHIS. BLJGA11ON IS SUCH THAT;If the Pnrieipal :her orits_heirs,;exeartors;. administrators successors orasslgitaiOraubcontredors shall fail to:pay eny-f-the persons Section 3181.of'ffte California Civil Code("C tairriants fior aIC tabor• Materials orsenrices'POO cr rsascnabiy requined for use in performance of the work described m the Contract;or any amounts due under the VhemplOYMent. Insurance Code with respectto yierkhriahot performed by any such.Claimant;:or prevailing wages.due penalties insured pursuant to Sections::1774, f775,1813 or1815 ofti a Labor Cade,Or any amounts. required.to be deducted,withheld and paid over to the Employment Development Department from:the wages of employees of the.Principal and Subcontractors pu►suant to Section 13O20 of the':Unemployment insurance Code with respectto the work or labor:.performed under the:Contract;:Surety will'..pay for.the same;, In.an amount notexceedin the nelsum a' ifled in thts bond othnrwkke,this obll Il antl 9... Ps P°C gagon shall"be null-and. void This bond spat inure to the benefitof any of the:persosiaroed in ycors ther CagfornaCCde p upon this bond, Suretyfurther a rees to. ..".: ... g pay:.all courtii;osLs end aieasonabteaflomey's•fee in ap amgimf:fiXed by the:Couit. • • PAYMENT:.SAND; • • Page;1 of2: • • • • • • • • • • • t5d5&i/1J7357 • • • • • • • • • Suretyetiputates•and::agrees,-for,velue received that no dtangerextensionoflime:alteration, addltwn or;rrtodilicaflcrt tvthe terms ofthe Contrad,:ofany contract_document nr any.workto be. periomied;thereunde�:whether.;made after:notice.'or n..ot shall iiii any wayaf{ed impair or r ease: rive obligations of Suret•y under•ttris bond•,.•Surety:heieby waives notice of any such.change, extension of tine alteration addition or,rlodlfcation to the terms ofthe`Contract ihe.contract documents or the work thereunder Suretyalso•waives the provisions ofCallfornia Civil Code§§ 2845 a •nd;2849:. • ...: .• 1N WITNESSWHEREOF each party►cp►eeente anti warrants that this Instrument has been.duly executed by Pnnapal end Surety;oh the dafe set forth below that.the name:of each corporate party being atiixed hereto is:sudt parry s proper legal name andthat:theIndnnduals•signing This instrument • .have been Iuly authorized pursuant to the authority of its governing body:Surety byyzepnron o f • this bond.waives an .defense whiich Su • y • retyhas artnay have 6y reason df:any farlure:ofhe; pttndpatto:exegrtenr`properiysxeatet}its`bond. •Dated August 26,2024 ATTEST. uInca JV Vido Artukovich&Son In�dmar I • • • .:.. . {Co rporate Seat}:: • (FrinepatName) 'Name: Td rtukovT h.: • • Title:. Managing Partner. i4TTE•• • Hartford Fire Insurance Company (Corporate'Seal: • (5 uielV Name) .•. • y: •Nam. _ a.: (Slgnatsre m ofAttoeyan-Fad Surety). .(Attach Attorney-rn-Fac;Cerilfintey_ : 14:674-1•307 . . .. Ama:Code,3T ieptione NumbeerforSuiety) • • • •• APPROVEDAS: MS. • • • $y • _ • eehomey ael E Gates;: Ity from • : • • • • • • • • • • • • • • • •'Note Tits bond must be execute'tit*01010 and dated,`oila!gnetums must be nofericed and;ev deuce oflire: aiiircrrty of any person slgnbrg as:ahomeyan-fact must'be'etteched: • • • PAYMENT BO1JD • Pap of.2 .:: ::. .: lS-45t4/1fl3S7• • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. • State of California ) ss County of Los Angeles On Br2L4' '2.1_ , before me, Patricia Arana, Notary Public, personally appeared Noemi Quiroz who proved to me on the basis of satisfactory evidence to be the person{B} whose names} is/afe subscribed to the within instrument and acknowledged to me that #e/she/they executed the same in *574her/their authorized capacity(ics), and that by - 1 her/their signature{s4 on the instrument the person{-}, or the entity upon behalf of which the person4s4 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. �l ��b PATRICiAARANA Ignature: (Seal) Y' f. Notary Public-California Patrici na, Notary Public ;.. � Los Angeles County Commission R 24uonx3 ing:4',;m:ip.m.'" My Comm.Expires Apr 23,2026 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 Los AV1 etc, on Auciusi' aU , 21)24 before me, ClUadalOD( Ravi( NOua f NaUlty Pule f , Date ,� Here Insert Name and Title of the Officer personally appeared U 1(AO n v iukov icIA 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 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 •. Los Angeles County paragraph GUADALUPE MARIE NAVA laws of the State of California that the foregoing , ; �" Notary Public California is true and correct. ti q. yT. 4 Commission q 2394032 "F•• My Comm.Expires Feb 15,2026 WITNESS my hand and official seal. Signature Place Notary Seal and/or Stamp Above Signatu of Notary Publi OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner— 0 Limited 0 General 0 Partner— 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association •••• •••-'-': • --'':•-•-••••• ' • ••• '•'• :::'''''• ::' " ' • •' : '• „ . . .., . .,. ...,.! . . , . i • .„ r., .j, • ki(•P •• , •. ... .77"S,.6: • .... -, .. ... -ACC:3RP. CERTIFICATE OF 1:,101:LITY INSURANCE DATE(talfOONYTY) .: 1019/2024.. .. . .. .. ... . . . .. . THIS'cOTipicATe IS ISSUED AS A,tvIATtp.R,.0#INFORMATION ONLY AND cioNFEtta„.09:•kIGOT9 UPON THE d.gkilFIcAT6'.HOLDER THIS CERTIFICATE,cipts.,NOT AFFIRIOATIVELV,OR,NEGATIVELY AMEND, EXTENO OR Ati.t6 tHettAi6fRACE'AFPORtiEd"BY:THE POLICIES • BELOW. Tkia. CERTIFICATE OP INSURANCE DOES NOT CONSTITUTE A'CONTRACT BETWEEN THE,ISSUING.INSURER(S) ,AutHoglzEii .. . ..,,.,.,... ,.,. . . , ... .... ...,,. .:.. ... . . , .. . RSPRESSNTATIVE OR plOpupgR, CERTIFICATEANp-rii4,• i-K...pER,. . IMPORTANT: If the certificate holder is an ADDITIONAL.INSURED;the p011•cytteey'must have ADDITIONAL INSURED provisions ert1e endorsed. It SUBROGATION IS WAIVED,subject to the terms and-totelitleria'!'et.Ihii-pelleyi:.tertain•policies may require an entlettetnent..•katatentent be. Thle:cerfitleatir does not confer rl.OhtS to The certificate holder itVlietrof.atioh:endOteetneet(t):. . • • . . .. . ,•PRODUCER .„ . "-CONTACT iil• i_ Li d , piAm' Lenessa vveatnener , • Alliantirisurance.Serylcesi Inc', . . • ;•,'333-S Hope St Ste 3750 ": ' r.N it,E*V:.• .. . . - -•- . . INC Mk.: • Los Angeles 0A.007I. ,; ss:,Letiedta.WeatherfordQdllant:com . . . INSUREAS)AFFOROINO COVERAGE • NAM*, ., . .. ...,,.,,.. . . ... • Literi•t44::0030861:INSURER A::Hartford Fire insurance . „ .„ ....,.,...,.. . '198112. INSURED • -- ' ypeART,•az•Olatirikeiti::Hartford Caine*Insurance Co: :,29424. ' '.-VI•clo:AttaltDVInn:4'Son,Inadyli141S4:.4*.1 J.Y;. 1116,5.R.6sh SL ._ inSiettlit.:.Sentinel insuranctitempany'Ltd . .... .., , . -11000 .''•South MOnte.,;6A9I7J3:: INSURER ill Trumbull Insurance Company . .%27.12O, ..,. .. • INSURER E: . . .. .... . „ . .• . . .., , ... .. . ... . - ' • • . • INSURER F; • •. , COVERAGES CERTIFICATE NUMBER . REVISION NUMBER THIS is TO CERTIFY THAT THE OF INSURANCE LIBTEO-.13ELOVV HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD., INDICATED': NoTWITHsTANDItla:ANY-REaDIREMENT:TERM.OR CONDITION OF ANY..:CONTRACT'OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS• • 1 i CERTIFICATE.MAY BE ISSUED OR MAY PERTAIN THE.INSDRANCE.AFFORDED,-0,THE f.,(JCIp DEsegittO:1403e119,1$SUBJECT TO ALL:THE TERMS EXCLUS10N8ANDcoNDITIoNaoEsucakiLicIEs:IIMITs SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR Apo,SUER . ., ._,' ,...,.. : :POLICY EFF, POLICY Exp7 • ;••••• ...•.......•••7 - LTR• TYPE or INSURANCE. INSO WO . POLICY NUMEM. . . .,IMM/Diraryifyi immionnyvy . A: X .:CONMERCIAL9ENENALLIABILITY, •Y: Y; •72upAnAitu,i: „7.y 12i31i2923 12rplql)24: :EAceCOcupaEecE: $1000,000. : . .••• , • • • • CLAIIAS-MADE :>.t :i50.14R! - :,. DAMAGE10 RENTED ..;_zr...;„: -7- . PREMISES iEa OituitenCel • $Suu,vuO -• -- ME()EXP4Any one pesion) $5,000 . • • 'PERSONAL SAM INJURY '$1:,000;000 • . ...„,„.0:0,•• . . ,-: •• ,GENI:AGGneogre omilopugs PER:. , GENERAL AGGREGATE S2,00110 .-, , tad ' F.01/CY FX•1:28:; . X , , ...„. 00.,... . . . ,PRODUCTS.-CONP/00Ad0 ;$Z000;0 .. , . oifitk: • • . 0.: AUTOMOBILE LIAEltltr • r•' Y' 72USAHC8632 •'12/31/2023' :12/31/2024 .:COMBINED SINGLEXIMR $.1 000 000 . (Ea acxiclonit•'•- .. ' , - • , . X: ANY:APTO SODII:Y INJURY(St Orson): ..— • ' • , sanEnufi.ep : . • AUTOS ONLY , Atrros:......- ; • • -sailor INJURYPet occident) $. ,.,.,,., . . • „,. . •• • . . • '''HIRED : NON•OWNEO , PROPERTY DAMAGE' ,S ._ :.AUTOS ONLY ,. •.:,, ;AVMs ONLY' • -tneracttoe,in' . . ...„ .. ..,. .. .. . . . .. .. .• • • - - , ... ' ciitopic.:04thia. „ ;1..0.00• . ,. .. , .,„ . ... - -- : : .. ' - ' - • • - •• --- -tv: X: umpact.terie: X' OCCUR ;').', Y. 72HHABAOLWS "12/31,2o24 12/31/,2024" •EACH OCCURRENCE t 10 000:MO • ' EXCESS LIAO duedms:MME • "AOGREOATE, . V10,000,0E0 :.. .., . ., • , ,.• • • . 0E0 .X' 'RETE4RON S10 ktirili: ;;: • S C WONKEF:140014/TISAN0N: • '• , 'ir.• .721.NAT.4447 ::::1•Mli.4?4• 1.24112074: X .•SPTLARINTE• [PAH' - :: 'Aim et,ipLoyeer Luvoury, YINi , -"•"•• • •• .. . , ..... ANYPROPRIETOR/PARTNEIUF-XECPTIVE...E, ... :ti.:.•,EA011ACcIDENT 51400,000 OFFICERNEMEERF..),(CLUREOr NIA • • -.,.. ••••• • . ••• .,...,.: . • - • ••. .. .,. ,. INI,EidaNi/y INTO)'7 •-''' . . :ET-DISEASE-TA EMPLOYEE S1,000,000 . .-. II yos;:d6sr:sibit tinder;,.,:,„,,.... , • .. DESCRIPTION Of OPERATIONS Wow . .. • • :EA:2 010EASt-tibudilifier, t 000.000. ... .. ... .. . . . •. .. ,. • , :DESCRIPTION or,.oeseAltens I.LOCATIONSivoucLuslAabrio 101,AddItlede NoIllaikF.ScSoduTp,maybe atlachod If nionisPaceltireivilred} .• Re:ice1410/01-9er AVtieee.S.10hole:,..Reppitz:':'.:' :' . . . .. . , . . • , .. . , , . :.. .0.ket:11(leiingipt*Peece,..its:officers,,e1Octe4er.pppointed:oftiCiois,:erept9yees,agents,and volunteers are named as Additional Insured as respects to Liability: , arising out of work performed by the Named Insured The insurance provided thp11'.be primary and Pey.othefInSitrancia maintained bji.the Additional Insured is: excess and non-ceniribetory:Waiver et Subrogation applies as renutract:bt centreeL.Thlity(20):Deye Netipe!erCatteellgtpiC/MnielkettvigArdif(10)Oeye•Notice FOE,NonTalirdent nt•Prerilltire;' '' APPtiuvw`7' - .1.:,•%!1,4 -,- -,,,....A.,/t • • . .„. . , . . , . . . . . :CERTIFICATE:HOLDER . .... CANCELLATION PY-L418-1--R.E.L4'•CAT•5-- - ..titYATTOliNFY' • •,,,..• ,,. ,• ,..,,„•, - • • .. atitgg VgtiTt4GT° • -: • 1ouLD H •ANY OPTHEABOVE.0 I ,CIES,BE.CANCEL1MIBEFORE: ... . . THE' EXPIRATION DATE TH.EREOF, :•NO'00:E.:.WILL BE DELIVERED IN . C4Vief Huntington Beach .. ACcokoAttcEvinTli.THE,POLIqYPROVISICiNS, . . . .200:0MBIR,SIIBet: • . ... , • . . _•••• .. P.O.Box 190 ,-IsettestrieenspnesenyAnve Huntington.Beach CA 9264a \-:- 'V .::;--) .-- ...,,.,...„ ,.„. .,. .... .,. ,,,.,... . , . . 1 ... . ... ... . .. .,.. , ..... , ...k,..., . ,' . .. . , ,„.., ....„. . . . . ... . . •• • • • 0,1911820,15ACORD'CORPORATION:All eightssteserired.. :ACCRD 25-,(201010.3)• TheACORD name and lOgo areieglitered-rearks of ACCiRIS .„ .. :„ ..... .. ..- ..., . ..: ... .. ..,... . .. . . . . . . . . . . et. • POLICY NP.P1Pen;g7.:-244F4744P4PC5: COMMERCIAL GENERAL LIABILITY -00 0119.:::041I., THIS.ENDORSEMENT CHANGES TH'E POLICY.. PtgAPP:f(RAP if CAREFULLY. ADDITIONAL INSURED 0.:OWNERS LESSEES OR .„ -SCHEDULED'PERSON OR . . .CONTRACTORS , ,.. .,... . , ORGANIZATION' This endorsement modifies Insurance'�provided<;under the following:; 00MNIERQIAt..A.01FRAL.,:t)AFitLITY'pOypRge.Arir SCHEDULE Name Of AO it1000110004P0r$On(s.)i or Organization(s) .LoCatiOrt(S)•,,Of Covered Operations • . . • ••• The City of tlUotihgtorr,.B4#oh'ii-Jt&'-;;;:lfrieerk46-Otoi or 11gothoit:seinier-Liftstet!oo Replacement • appointed officials,employees agents and volunteers Humbolt Drive&Weyrsrer-(ehs;Huntington • • information required to!:OberfOletelitie.::8Ohedulai if hot,shoWn.aboVei*Ill bsshown.:InAhe Oeclaretione. „ . A Section .IS,An Insured is amended to t!t. With respect 10 the! ' insurance Affbrded; 111666, , include as .0 00ditiohel insured .the person(s) or additional Insureds, the following 'additional orgShigetio0(0):•4howo in the Schedule,but only with respect to: llahllItY for "bodily '"property This Insurance applynot does: ,to: bodily injury" or damage" i'personal and advertising thjury..! „ "Vr9P9r1Y-4019!'0•0Purritt:aftst„: caused,in whOltiLeir in part,by 1.. All*irk, including flietertalSi-riart0 equipment' 1. Your ebleorernledlOrteet furnished in toriried0oh,with such work, on the The.4o.t0! omissions projectof those acting on your . i (ON* than service, maintenance. • top01r4):, to be performed by or.on behalf of the. In the.'perfOrtridhee, of'.9,our. ongoing•:operations for -:additional insured(s) at the locationE ..of• the „ the additional insured(s) at the location(s) covered operations has besAcomptstecti designated above That portion of"your work"out of which the titjury: However - or damage arises has hear,Oit•to,Ileittterided „:. use by any pereen or organization:other than I▪ The insurance afforded to such additional another contractor or subcontractor engegect In insured only applies to.the extent permitted by performing operations for a principal as a pate of law,and the same project,-, ▪ If coverage provided to the,additional:insured is • :reoutreo, by, a cootr0t. or agreement, i‘the, triettroceStfOrded;40:Esubh additional Insured Of not be broader than that which you areretitiirec _ . , „ . 1?)r.the contract agreement to:.proyidelOr'such: additional insured. • tago.10.:04-13 insurance Sor9lOog:011100iino..,;2012 Page 1 of C. With respect to the Insurance afforded to these 2. Available under the applicable Limits of additional Insureds, the following is added to Insurance shown in the Declarations; Section Ili—Limits Of Insurance: whichever Is less. If coverage provided to the additional Insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we Limits of Insurance shown In the Declarations. will pay on behalf of the additional insured is the • amount of Insurance: 1. Required by the contract or agreement;or Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 20 10 0413 .4. POL1Y.NLJNIBER72(10k43A0W,4 . OgNIMpppiAL.pptx13A4 LA:Apply p:d1031.0.444,-! 11-.11.$emloR$04ENT'pl.....ARGea'TFW N)410:1".. PLEASE READ:IT C.ARaF.U.LLY.0 ADDITIONAL INSURED'm,<10WNERS LESSEES OR CONTRACTORS:Ho''COMPLETED OPERATIONS • . •••• ••'. . . Ttii$.0.14OTOOnentenOOlile0:lii.otifonoti:pipUiciod und0.00'following;. cOMM8RCIALGENERALIAAPILITYcoVERA0E-PART POO:t.W.Orte.OMP.MT.ab'PeERATION.4,1AAP1J.TY,COVERAGE PART Noerta.Of Additional 10:0ue04 risoar(s). . , Or Organization(s) • ,Location CompletedOperations , TilkpkatO:oht1aij*aaii.!:401-1aerk.;-'4f000#*111 k14#.0alt:Paw0r;Lik$10;100 Replacement; appoieteatrffiOiateMployeekegeatg;:aad,816lUeteeW! : HitailiolUbtive,.&,WiWarettnne Huntington . . : . . . . . . ., . •" • •. • " • " , .. •• • infoffiloutihitettatatuta-.taraaleto this Schedule anaWri.:Ab096.,VIIVea eheWe:Iti:OWDedlatatidilei . . . . . • • . . A,i.400,19tt. An-:.:'.11)0urac1.10J-ajii0000C1].4) B With respect to the :jasetaace, afforded• to these. include as an additional additional the following Is added to Section, ar,ga*0;120(6)shown In the 801ipdalaj,but:Only, insurance::•: with respect to :110011jtj! for 'bodily or coverage provided to additional insured is "nronotty4omoe'couOri,:.in•-..vkole.Ot.,'In45.01t.bs!. required by a contract or agreement the most we Will "your work" at the location •401611010, and .0.0ypt*150titill011146 additional Insured is the eteeentbt desonbed in 4h0..!'$ehOcit,i10::Of tWOMO.00inent: Insurance performed for that additional Insuredand included in the "products completed operations •geguired .tha.,contract,-,pt agreement or hazaid" Ueda the applicable Limits of insurance • • 17•10*..0et::: ahowmliiitia:.doelaratIonsl • whichever is • • The insurance such additional , • insured,p01k.applies' to extoat.;'portnlitOtt. endorsement shall increase the applicable . . „ „ . , , . •. •. by law,and Limits of Insurance ekitiVi:::latheadelaratiOhei • .g.. If coverage provided additional insured 10 required by a contract or agreement, the; Insurance affatiddAd.bilah adifitlatal ..„ • . „„.. ured • will not broader than that Which you are.., • t000itOtl. by the contract 0( agreement to: :•• providèfor •• • such•additional Insured. • • '00 2047.04 la: (,):1 heti:Oa:00 k).)*(00*.,Qt(100..;•1010:4.202, P.aaari rof • ,.. .. ........ ...........„....„„.„ „. .... „„. ... .... „:,„:„.„,.,::,.,...., ... • 4 , i 4 • I 'OoLION/'•61()Mi4.ER-F.. ...itfEAtAkiitt4 --:t .. . .. ... gprotill.,.WHO. is AN6kE INSURED: ,...:„ . .,..: „,„...:.,.,.: ,... . . "volunteer 1W0t.tSer::asA consequence 1; if yotkare,designatedlnthOOsataretiotta as; ,orporograpbtOMi-Aboye;: .. .,-. ,,,.. 44 An Individual, :.you• .ono.' your "-spouse are, (0": which there Is; any obligation to , ,Por . . . ,,... thseredi,,*:eitli:With,i'reSPOatt6thO;eerldOei share damages with or repay someone Of:al.,business of -which;'you: are the ado Olee'•WhOiitiat 0.0V,trataaaa110000$.0.- . . . ownerr ,ot the Injury described in Paragraphs•,, ... (1)(6)Ort11)(b)alieVe,br: 14.-:!'A. 0.0.40:0)*0:Or joint vontur94 you ore an inouroo...Your members, your 'partners, and loytriolno,out of bte.or•.ber providing or: . ....... •,...... , their spouses are also Insureds,but::only.:::00 falling to•,provide-professional health. respect to the conduct of your business,. ogreooryjoo,,, 9,. ::A';, i.inijto-O, 00004 topoponyi, you are an ifiOaiOre not In tbatU9inoot.of providing insur00.:Your MembarSere",e1SO,.thatiredS,but professional health‘-eare,:torytoesi only with respect to the conduct..of your . (0):$4013,ai.eitfeiiiihAiRtiY (1)(b)and (1)(c) above 00. „.....: . ,.. business Your, managers are -,', : insureds, but on . .410...opot:lo!ont"employee" ',.only with ',leaped to their duties::-As witii. or NOIttotOpt*OrkOr:0000int(!krat'alct • Ouinaigott.', services,and .. ..::., •• .. Of#,,,AR:orgoOlio0owolheritharrapatinetship joint (b)Subparagraph ,04090 does, not • •.... ::„ .,. • venture or limited liability company, yoo..ofo, • 001ily.to any nurse,emergency medical -. ,.•: or •- •:••,,,, :-..,.„.,":.• .., . •.:. an Insured lovr04,, Your "executive i officers" and paramedictoonninieit.iployed by: oireotOreareInO,000o,:butOnlyTWoroaoontfo1 you to provide such services their duties as your officers or directors Your IgYmPre0044eriiedeo•to.0.00061.t. stockholders are also insureds,but only with .:..: ,..-,. ...,, -., :,.. respootlethokitObility:aestoOkboldelii ' ' (a)Owned, used by; .,. . ....„...i.„ ........„,.. .:,.:,..,.... „: ..„,. .:.:. .:..„ •.„. • .., :.. ., ., ..,..: .. .: „ ... Ai At trust,you are an insured h,Your trustees (b)Oentod, tot.TIU the care,•custody or • ,. . ... .. • .. , also Insureds, but only with respect to their ,:control of, or 0y4( which ,.'physical duties as control is• being. egerolSe4i, 'foe ony. ,.... ... .. ,..., .... „„ „ . . . . . . . purpose by . 2c theg:aati:-.Offollowin0 isal,se-ao Ihshre& you, any of your ,!erepleyeeSu, "volunteer s:;: Employeeso -Afild'Veliihtddit Workers workers", Onxi:portnor or member .•rinbOr(if.you. „„.. ....,...,.. ,..„... .....„.. :......„ Your "volunteer workers" only .while Are a partnership or JOIOit,Netite64,eetY: perkiattleri.,.duties related to the iosecieSt, -.0.f ..tvere§er, tit you. are a limited:1 liability your business, ier your ,eroplOyeee,-,:Other coMpaay), tharleither.your"executive effteerellt*ie:fire :: . .. ., ..: .?..: b. Real Estate Manager an organization than Opartusts*joint ,..,-! ....•• • person.(other,thiiii your: :"employee"lir, :V.:00.4.0„•;:-. !Olakcl: 1.10011.11V'.0:c00.0..0h':0I''0Pt.' :Any .. .. ..:„. _. ... ..:..: „.... .....„ itionagers. iot you are a limited: Itehllity volunteer worker), organization while r any' : • ....„ .„. ....„....„,.:,_„:,„„...„ ...„ „...... PIPPIN), but only(0,01k within the scope acting your real estete,menager., .. .... ... ., .. . . of pleb-, employment. by you :or while c, teM0110:0MAted.410401'Your Property performing OUtlee:.related bo::conduct of Any person: or organization having; proper: your business • .., ; , .•••••. ..„., : , .... . : : ..„ :tojoporpry•-o9a04 oryourpr000ttylf you oloi• Howevot 000:i of these "employees" or . but only "volunteer WO...rkere,.:a.„.ri...„Insureds ,ii*,_,...,,-:.,.,....• (l) with S.,.0• •.00:t0.10t•.111tYi010..$10,-.6.out of O.,.:f the e (I) "Bodily injury"or"personal and advertising use that pitiOtty:'m d ' - 0141Y44: :(2):A4001:Y.00t.legal representative has•beenl ::.(4)TP:10%:::10YO4Pte.:0,0000tir ir.it011igt$,(it .appointed; you area-partrierShiP::,or joint venture),• , . .. !:44. Legal•Repr000rootOelt You Die to..yourtoerribera:'(1,:yott are a 1400 liOtotki ooniponyy,,.(0 a 00!etrinio.YO0i" '.' Year legallep.reseatOtiVe.If 9...cm:,die, hutlettly 80hgele"ithe :bouris. of his ,O...: her with0.8. respect to duties . ::$004 That ...„:, ,....„ ... .„ . eraPloYMed. :Of 100t1OrtolOg. dtaia* represehletivo.:).N.1)1 ;hail* all,your rights and related to AM 'Gondar*, Of your 4040::uncio.ttbio.CoVOragePart., basioSsi.,or to your other:"volunteer :;0,. Onnableapabotgary.• • Ay4y0,94ouboololotory.:0, -,:toollnuoityoinOoogii..:Ir.Incorporated entity,ziOt,:f: . workers" while your'.iG'643trild6eti.illatin°0C4'itls-; : .....::.„•:...:„, „. ...:, .:, ; business, whioni,you own a=finan0101. interest of more . . (bl.To the spouse child,parent,- brother or theeftt‘t4.-of the voting stock on the effective MO*•Of.!thot,op4orn3itoyoon or•that det6,ofthe dOVeregePert. HG 00 Oil,OtlAt :,.:' Peg-041.0Z ., , i . , , , The insurance afforded herein for any A person or organization is an additional Insured subsidiary not named In this Coverage Part under this provision only for that period of time as a named insured does not apply to Injury required by the contract or agreement. or damage with respect to which such insured However, no such person or organization is an is also a named Insured under another policy insured under this provision if such person or or would be a named insured under such organization is Included as an Insured by an policy but for Its termination or the exhaustion endorsement issued by us and made a part of of its limits of insurance, this Coverage Part, 3, Newly Acquired Or Formed Organization a. Vendors Any organization you newly acquire or form, Any person(s) or organizations) (referred to other than a partnership, joint venture or limited below as vendor), but only with respect to liability company, and over which you maintain "bodily injury" or "property damage" arising financial Interest of more than 50%of the voting out of"your products"which are distributed or stock,will qualify as a Named Insured if there Is sold in the regular course of the vendor's no other similar insurance available to that business and only If this Coverage Part organization.However: provides coverage for "bodily Injury" or a, Coverage under this provision is afforded only "property damage" Included within the until the 180th day after you acquire or form "products-completed operations hazard". the organization or the end of the policy (1) The Insurance afforded the vendor is period,whichever is earlier; subject to the following additional b, Coverage A does not apply to "bodily injury" exclusions: or "property damage" that occurred before This Insurance does not apply to: you acquired or formed the organization;and (a)"Bodily injury"or"property damage"for c. Coverage B does not apply to "personal and which the vendor is obligated to pay advertising Injury" arising out of an offense damages by reason of the assumption committed before you acquired or formed the of liability In a contract or agreement. organization. This exclusion does not apply to 4. Nonowned Watercraft liability for damages that the vendor With respect to watercraft you do not own that is would have in the absence of the less than 51 feet long and is not being used to contract or agreement; carry persons for a charge, any person is an (b)Any express warranty unauthorized by Insured while operating such watercraft with your you; permission. Any other person or organization (c)Any physical or chemical change in the responsible for the conduct of such person is product made Intentionally by the also an insured, but only with respect to liability vendor; arising out of the operation of the watercraft,and (d)Repackaging, except when unpacked only if no other insurance of any kind is available solely for the purpose of inspection, to that person or organization for this liability, demonstration, testing, or the However,no person or organization Is an insured substitution of parts under instructions with respect to: from the manufacturer, and then a. `Bodily injury" to a co-"employee" of the repackaged in the original container; person operating the watercraft;or • (e) Any failure to make such inspections, b. "Property damage" to property owned by, adjustments, tests or servicing as the rented to,in the charge of or occupied by you vendor has agreed to make or normally or the employer of any person who is an undertakes to make in the usual Insured under this provision. course of business, in connection with 5. Additional insureds When Required By the distribution or sate of the products; Written Contract, Written Agreement Or (f) Demonstration, Installation, servicing Permit or repair operations, except such The following person(s)or organization(s) are an operations performed at the vendor's additional insured when you have agreed, in a premises In connection with the sale of written contract,written agreement or because of the product; a permit issued by a state or political subdivision, (g) Products which, after distribution or that such person or organization be added as an sale by you, have been labeled or additional insured on your policy, provided the relabeled or used as a container, part injury or damage occurs subsequent to the or Ingredient of any other thing or execution of the contract or agreement. substance by or for the vendor;or Page 12of21 110 00 01 09 16 (h)"Bodily injury" or "property damage" omissions of those acting on your behalf; arising out of the sole negligence of the (1) In connection with your premises;or vendor for its own acts or omissions or (2) In the performance of your ongoing those of Its employees or anyone else operations performed by you or on your acting on its behalf. However, this behalf. exclusion does not apply to: With respect to the Insurance afforded these (I)The exceptions contained In Sub- additional insureds, the following additional paragraphs(d)or(f);or exclusion applies: (It) Such inspections, adjustments, This insurance does not apply to "bodily tests or servicing as the vendor has injury", "property damage" or "personal and agreed to make or normally advertising injury"arising out of the rendering undertakes to make In the usual of or the failure to render any professional course of business, In connection services by or for you, Including: with the distribution or sale of the 1, The preparing, approving, or falling to products. prepare or approve,maps,shop drawings, (2) This insurance does not apply to any opinions, reports, surveys, field orders, insured person or organization, from change orders or drawings and whom you have acquired such products, specifications;or or any ingredient, part or container, 2. Supervisory, Inspection, architectural or entering Into, accompanying or containing such products. engineering activities. b. Lessors Of Equipment This exclusion applies even if the claims (1) Any person(s) or organlzation(s) from against any insured allege negligence or whomy lease but only withm other wrongdoing In the supervision, hiring, respect you teas liability for equipment;bodily injury", employment, training or monitoring of others by that insured, if the "occurrence" which "property damage" or "personal and caused the "bodily Injury" or "property advertising injury" caused, in whole or In damage", or the offense which caused the part, by your maintenance, operation or "personal and advertising Injury",involved the use of equipment leased to you by such rendering of or the failure to render any person(s)or organization(s). professional services by or for you. (2) With respect to the insurance afforded to e. Permits Issued By State Or Political these additional Insureds this insuranceSubdivisions does not apply to any"occurrence" which Any state or political subdivision,but only with lakes place after the equipment lease respect to operations performed by you or on expires, your behalf for which the state or political c. Lessors Of Land Or Premises subdivision has issued a permit. Any person or organization from whom you With respect to the Insurance afforded these lease land or premises, but only with respect additional Insureds, this insurance does not to liability arising out of the ownership, apply to: maintenance or use of that part of the land or (1) "Bodily Injury", "property damage" or premises leased to you. "personal and advertising injury" arising With respect to the insurance afforded these out of operations performed for the state additional insureds the following additional or municipalily;or exclusions apply: This Insurance does not apply to: (2) "Bodily injury" or "praperiy damage" included within the "products-completed 1. Any "occurrence" which takes place after operations hazard". you cease to lease that land;or f. Any Other Party 2. structural alterations, new construction or Any other person or organization who Is not demolition operations performed by or on an additional insured under Paragraphs a. behalf of such person or organization, through e. above, but only with respect to d. Architects,Engineers Or Surveyors liability for "bodily injury", "property damage" Any architect, engineer, or surveyor, but only or"personal and advertising injury"caused,In with respect to liability for "bodily Injury", whole or In part,by your ants or omissions or "property damage" or "personal and the acts or omissions of those acting on your advertising injury"caused,in whole or in part, behalf: by your acts or omissions or the acts or (1) In the performance of your ongoing operations; H0 00 01 0910 Page13of21 (2) in connection with your premises owned No person or organization is an insured with respect by or rented to you;or to the conduct of any current or past partnership, (3) In connection with "your work" and Joint venture or limited liability company that Is not Included within the "products-completed shown as a Named Insured In the Declarations. operations hazard",but only if SECTION III-LIMITS OF INSURANCE (a)The written contract or agreement 1. The Most We Will Pay requires you to provide such coverage The Limits of Insurance shown in the to such additional insured;and Declarations and the rules below fix the most we (b)This Coverage Part provides coverage will pay regardless of the number of: for"bodily Injury" or"property damage" a. Insureds; Included within the "products- b. Claims made or"suits"brought;or completed operations hazard". However: c. Persons"or organizations making claims or (1)The insurance afforded to such additional bringing suits. insured only applies to the extent 2. General Aggregate Limit permitted by law;and The General Aggregate Limit Is the most we will (2) if coverage provided to the additional pay for the sum of: insured is required by a contract or a. Medical expenses under Coverage C; agreement,the Insurance afforded to such b. Damages under Coverage A, except additional insured will not be broader than damages because of "bodily Injury" or that which you are required by the contract "property damage" Included In the "products- or agreement to provide for such completed operations hazard";and additional Insured. c, Damages under Coverage B. With respect to the Insurance afforded to 3. Products-Completed Operations Aggregate these additional Insureds,this Insurance does Limit not apply to: "Bodily injury", "properly damage" or The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A "personal and advertising Injury"arising out of for damages because of "bodily injury" and the rendering of, or the failure to render, any professional architectural, engineering or "property damage" Included in the "products- - professional services,including: completed operations hazard". (1)The preparing, approving, or failing to 4. Personal And Advertising Injury Limit prepare or approve,maps,shop drawings, Subject to 2. above, the Personal and opinions, reports, surveys, field orders, Advertising injury Limit is the most we will pay change orders or drawings and under Coverage B for the sum of all damages specifications;or because of all "personal and advertising injury" (2) Supervisory, Inspection, architectural or sustained by any one person or organization. engineering activities, 6. Each Occurrence Limit This exclusion applies even if the claims Subject to 2. or 3.above,whichever applies, the against any insured allege negligence or Each Occurrence Limit Is the most we will pay for other wrongdoing in the supervision, hiring, the sum of: employment, training or monitoring of others a. Damages under Coverage A;and by that Insured, If the "occurrence" which b. Medical expenses under Coverage C 1 caused the "bodily injury" or "property because of all "bodily injury" and "property damage", or the offense which caused the "personal and advertising injury",involved the damage"arising out of any one"occurrence". rendering of or the failure to render any 6. Damage To Premises Rented To You Limit professional services by or for you. Subject to 6, above, the Damage To Premises The limits of insurance that apply to additional Rented To You Limit is the most we will pay insureds Is described in Section III - Limits Of under Coverage A for damages because of Insurance. "property damage" to any one premises, while How this Insurance applies when other Insurance rented to you, or in the case of damage by fire, Is available to the additional insured is described lightning or explosion, while rented to you or in the Other insurance Condition in Section Iv - temporarily occupied by you with permission of Commercial General Liability Conditions. the owner. Page 14 of 21 HG 0d 01 09 16 in the case of damage by fire, lightning or b. Notice Of Claim explosion, the Damage to Premises Rented To 1f a claim Is made or"suit"is brought against You Limit applies to all damage proximately any insured, you or any additional insured caused by the same event, whether such must: damage results from fire, lightning or explosion or any combination of these. (1) Immediately record the specifics of the 7. Medical Expense Limit claim or"suit"and the date received; and Subject to 6.above,the Medical Expense Limit Is (2) Notify us as soon as practicable. the most we will pay under Coverage C for all You or any additional insured must see to It medical expenses because of "bodily injury" that we receive written notice of the claim or sustained by any one person. "suit"as soon as practicable. 8. How Limits Apply To Additional insureds c. Assistance And Cooperation Of The If you have agreed in a written contract or written Insured agreement that another person or organization You and any other Involved insured must: be added as an additional insured on your policy, (1) Immediately send us copies of any the most we will pay on behalf of such additional demands, notices, summonses or legal Insured is the lesser of: papers received In connection with the a. The limits of Insurance specified in the written claim or"suit"; contract or written agreement;or (2) Authorize us to obtain records and other b. The Limits of Insurance shown in the Information; Declarations. (3) Cooperate with us in the investigation or Such amount shall be a part of and not in settlement of the claim or defense against addition to Limits of insurance shown in the the"suit";and Declarations and described in this Section. (4) Assist us, upon our request, in the The Limits of insurance of this Coverage Part apply enforcement of any right against any person separately to each consecutive annual period and to or organization which may be liable to the any remaining period of less than 12 months, Insured because of injury or damage to starling with the beginning of the policy period which this Insurance may also apply. shown In the Declarations, unless the policy period d. Obligations At The Insureds Own Cost is extended after issuance for an additional period of No Insured will, except at that insured's own less than 12 months. in that case, the additional cost, voluntarily make a payment, assume period will be deemed part of the last preceding any obligation, or incur any expense, other period for purposes of determining the Limits of than for first aid,without our consent. Insurance. e. Additional Insureds Other Insurance SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS If we cover a claim or "suit" under this e Part1. Bankruptcy other insu anceh at vailableaise to o Banc overed additional Bankruptcy or insolvency of the Insured or of the insured, such additional Insured must submit Insured's estate will not relieve us of our such claim or "suit" to the other insurer for obligations under this Coverage Part. defense and Indemnity. 2. Duties In The Event Of Occurrence, Offense, However,this provision does not apply to the Claim Or Suit extent that you have agreed in a written a. Notice Of Occurrence Or Offense contract or written agreement that this You or any additional insured must see to It Insurance is primary and non-contributory that we are notified as soon as practicable of with the additional Insured's own insurance. an "occurrence" or an offense which may f. Knowledge Of An Occurrence, Offense, result In a claim. To the extent possible, Claim Or Suit notice should include: Paragraphs a. and b. apply to you or to any (1) How,when and where the"occurrence"or additional Insured only when such offense took place; "occurrence",offense,claim or"suit"is known (2) The names and addresses of any injured to: persons and witnesses;and (1) You or any additional insured that is an (3) The nature and location of any injury or individual; damage arising out of the"occurrence" or (2) Any partner, if you or the additional offense, Insured Is a partnership; HG00010916 Page lSof21 , (3)`Any manager; if you' or the additional (3) Tenant Liability' insured is a limited liability company; That Is insurance purchased by you to (4)Any "executive officer" o•r insurance :cover your liability as a tenant •for " • manager,If you or the:additional Insured is "property:damage"to premises:rented to a corporation ; you or temporarily occupied by;you with' (5) Any trustee, If ;you or the •additional permission ofthe;owner • insured is:a trust,or (d),Aircraft,Auto Or Watercraft_ (6) Any elected or appointed official, if you or lithe toss arises;out........f the maintenance;or the additional Insured Is a poiitical< use of,aircraft, "autos"or wateroratt to the -subdivision or public.entity. extent not subject to Exclusion g, of This duty applies separately to you and any' Section I-Coverage2.-A Bodily:injury Acid additional.insured, P operty;Damage Liability,. 3. Legal Action Against Us. (5) Property: Damage To Borrowed Na person or organization has'a right,under'this equipment Or rise t~tf Eievatars Coverage Part; If the toss ari es out of"property;damage" to borrowed• equipment Or.the use of a To join`us=,as a party'or otherwise bring us: elevators to the extent no t subject to Into a "suit"• asking for damages from en Exclusion j. of Section 1 Coverage A insured,or Bodily Injury And. Property damage b, To.sue us on:thlsCoverage Part unless all of 'Liability Its terms have been fully complied with; g ,. ( )1Nhen You ...... re Added;As An:Addltinri. A person or organization may sue;us to recover • Insured:To Other Insurance on an agreed settlement or on a final judgment Any oilier insurance available to you • •• against an,,insured, but we wilt not.:be liable for covering`liability for damages arising out. • damages that are eat payable under the teens o f of•the.premises Or operations, or products this"Coverage Part or that are.in excess.of the and completed operations, for which you: • applicable limit of insurance An agreed. have been added as an additional Insured settlement means a' settlement Arid release or' by that Insurance or liability signed by us, the insured and the claimant ar the claimant's legal representative. (7) When You Add' Others As An. 4. Other insurance Additional insured To T.his Insurance; Any otter .insurance available to an; • If other valid -and collectible Insurance ;Is addttionalinsured. available to the Insured fora loss we<coverunder • Coverages A or B;;of this; o orogo Part, our However,the following provisions apply to; • obiigations.are limited as follows::: other insurance available to any`person;or .. :organization who Is an additional Insured' • a primary Insurance .underthis coverage part: This Insurance Is primary except when b: ;(a)Primary insurance :.tree. Required below applies, if other insurance Is .also Dy Contract" primary, we wily share, with jot!: that other This Insurance is primary if you have: insurance by ilia method describ8d; In c.. below.• agreed in a written contract**Woo agreement that this insurance be b. Excess:Insurance primary if :other Insurance is also: This insurance Is:excess over any of the other primary, we; will share with all that • ;Insurance, :whether primary,. excess, other Insurance l y' ;the method; contingent or on any other basis;• described in c,b(low:: (1) Your:Work! (b)Primary And Non=Contributory To That is Pire,Extended.Coverage,Builder's Other Insurance When ifequired BY Rtsik, Installation Risk or similar coverage; Contract:. for"yourwork", If• you have agreed in a written (2) premises Rented To;You; contract, written agreement, or permit `Chat, is fire, Ilghtning or explosion; that this insurance Is;primary and non i contributory with the additional insurance for premises rented to ,you or lnsamd` own insurer ce,'tiiisinsutance temporarily .;occupied by: you with Is'primary and we will not seek permission of the;owner; con#tib.utiun,Cram that:o her insurance; Page:1,6 of II. HO 0o Q199`:18 Paragraphs (a) and (b) do not apply to computation, and.send us copies at such other Insurance to which the additional times as we may request. insured has been added as an additional 6. Representations insured. a. When You Accept This Policy • When this insurance is excess,we will have By accepting this policy,you agree: no duty under Coverages A or B to defend the insured against any "suit" if any other (1)The statements in the Declarations are insurer has a duty to defend the Insured accurate and complete; against that"suit".If no other Insurer defends, (2) Those statements are based upon we will undertake to do so, but we will be representations you made to us;and entitled to the Insured's rights against all (3) We have Issued this policy in reliance those other insurers, upon your representations. When this Insurance Is excess over other b. Unintentional Failure To Disclose Hazards insurance, we will pay only our share of the amount of the loss, If any, that exceeds the If unintentionally you should fall to disclose all sum of: hazards relating to the conduct of your (1)The total amount that all such other business that exist at the inception date of Insurance would pay for the loss in the this Coverage Part, we shall not deny absence of this Insurance;and coverage under this Coverage Part because (2) The total of all deductible and self-insured of such failure. amounts under all that other insurance. 7. Separation Of Insureds We will share the remaining loss, If any, with Except with respect to the Limits of Insurance, any other Insurance that is not described in and any rights•or duties specifically assigned In this Excess Insurance provision and was not this Coverage Part to the first Named Insured, bought specifically to apply in excess of the this Insurance applies; 'Limits of Insurance shown In the Declarations a. As If each Named Insured were the only of this Coverage Part. Named Insured;and c. Method Of Sharing b. Separately to each insured against whom if all of the other Insurance permits claim Is made or"suit"Is brought. • contribution by equal shares, we will follow 8. Transfer of Rights Of Recovery Against this method also. Under this approach each Others To Us Insurer contributes equal amounts until it has a. Transfer Of Rights Of Recovery paid its applicable limit of insurance or none of the loss remains,whichever comes first, if the insured has rights to recover all or part If any'of the other Insurance does not permit of any payment, including Supplementary • contribution by equal shares, we will Payments, we have made under this . contribute by limits. Under this method, each Coverage Part, those rights are transferred to • insurer's share is based on the ratio of its us,The insured must do nothing after loss to applicable limit of insurance to the total impair them. At our request, the insured will applicable limits of insurance of ali insurers. bring "suit"or transfer those rights to us and 6. Premium Audit help us enforce them. a. We will compute all premiums for this b. Waiver Of Rights Of Recovery (Waiver Of Coverage Part In accordance with our rules Subrogation) and rates. If the insured has waived any rights of b. Premium shown In this Coverage Part as recovery against any person or organization advance premium Is a deposit premium only. for all or part of any payment, Including At the close of each audit period we will Supplementary Payments, we have made compute the earned premium for that period under this Coverage Part,we also waive that and send notice to the first Named insured. right, provided the insured waived their rights The due date for audit and retrospective of recovery against such person or premiums Is the date shown as the due date organization in a contract, agreement or • on the bill. If the sum of the advance and permit that was executed prior to the Injury or audit premium paid for the policy period is damage. greater than the earned premium, we will 9. When We Do Not Renew return the excess to the first Named Insured. If we decide not to renew this Coverage Part,we e. The first Named insured must keep records of will mall or deliver to the first Named insured the information we need for premium shown in the Declarations written notice of the HG00010916 Page 17 of 21 POLICY NUMBER:72UEAHC8632 COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE .BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form,the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to Include: C. Lessors as insureds (1) Any legal business entity other than a Paragraph A.1.-WHO IS AN INSURED-of partnership or joint venture,formed as a Section II-Liability Coverage is amended to subsidiary in which you have an add: ownership Interest of more than 50% on e. The lessor of a covered "auto"while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if: include any subsidiary that is an "insured" under any other automobile (1) The agreement requires you to policy or would be an "insured" under provide direct primary Insurance for such a policy but for its termination or the lessor and the exhaustion of its Limit of Insurance. (2) The"auto"Is leased without a driver. (2) Any organization that Is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, "auto"you hire. the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (1) Paragraph A.1. -WHO IS AN INSURED (a) That is a partnership or joint - of Section II - Liability Coverage is venture, amended to add: (b) That is an"Insured"under any other f. When you have agreed, in a written policy, contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy,or an additional insured on your (d) 180 days or more after Its business auto policy,such person or acquisition or formation by you, organization is an"Insured",but only unless you have given us notice of to the extent such person or the acquisition or formation, organization is liable for "bodily Coverage does not apply to "bodily Injury"or"property damage" caused injury" or"property damage"that results by the conduct of an"Insured"under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a Paragraph A.1.-WHO IS AN INSURED-of covered"auto." SECTION II - LIABILITY COVERAGE is amended to add: ©2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of iSO Properties, Inc.,with its permission.) Page 1 of Si The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only If the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional (1) During the policy period,and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract,and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This Insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If .other insurance is also If you have agreed in a written contract primary, we will share with all that other insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement;or additional insured's own insurance, this The Limits of Insurance shown in insurance is primary and we will not (b) seek contribution from that other the Declarations, Insurance. Such amount shall be a part of and not Paragraphs(3) and (4)do not apply to other in addition to Limits of insurance shown Insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. When this insurance is excess, we will have no (3) Additional Insureds Other insurance duty to defend the Insured against any suit If If we cover a claim or "suit" under this any other Insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other Insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or"suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. Insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any,that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance;and own insurance. Duties in The Event Of Accident, Claim, (2) The total of all deductible and self-Insured (4) amounts under all that other Insurance. Suit or Loss If you have agreed in a written contract We will share the remaining loss, if any, by the method described in Other insurance 5.d. or written agreement that another person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an"auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, In the same manner as the Named Insured. U 2011,The Hartford(includes copyrighted material Fomi HA 9916 0312 of ISO Properties, Inc.,with its permission.) Page 2 of 5 if an "employee's" personal Insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION Ili - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a Insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered"auto we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the"auto"at the time of the"loss" insurance. and the"outstanding balance"of the loan/lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of"loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, Interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own, then the Physical Damage mileage charges;excess wear and tear charges; Coverages provided are extended to"autos"you lease termination fees; security deposits not hire or borrow,subject to the following limit. returned by the lessor; costs for extended The most we will pay for "loss" to any hired warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or "auto"Is: lease; and carry-over balances from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or 7. AiRBAG COVERAGE stolen property at the time of the"loss";or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION Iil - PHYSICAL DAMAGE damaged or stolen property, COVERAGE,the following is added: whichever Is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag. coverage.No deductible applies to"loss"caused 8. ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs B.4 - and excess provisions,we will provide coverage EXCLUSIONS -of SECTION III - PHYSICAL equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the covered"auto"you own. - following: We will also cover loss of use of the hired"auto" Exclusions 4.c. and 4.d. do not apply to if it results from an "accident", you are legally equipment designed to be operated solely liable and the lessor incurs an actual financial by use of the power from the "auto's" loss, subject to a maximum of $1000 per electrical system that, at the time of"loss", "accident". Is: This extension of coverage does not apply to (1) Permanently installed In or upon any "auto" you hire or borrow from any of your the covered"auto"; "employees", partners (If you are a partnership), (2) Removable from a housing unit members (if you are a limited liability company), which is permanently installed in or members of their households. or upon the covered"auto"; (3) An integral part of the same unit housing any electronic equipment described In Paragraphs(1)and(2)above;or ©2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc.,with Its permission.) Page 3 of 5 (4) Necessary for the normal if another Hartford Financial Services Group, operation of the covered"auto"or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's"operating system. the same"accident",the following applies: b.Section III — Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form Is the smaller (or smallest) Damage Coverage, Limit of insurance, deductible,it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) if the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible. $1,500 Is the most we will pay for"loss" in 12. AMENDED DUTIES IN THE EVENT OF any one "accident" to all electronic ACCIDENT,CLAIM,SUIT OR LOSS equipment(other than equipment designed The requirement in LOSS CONDITIONS 2.a. - sotely for the reproduction of sound, and DUTIES iN THE EVENT OF ACCIDENT,CLAiM, accessories used with such equipment) SUIT OR LOSS - of SECTION IV - BUSINESS that reproduces, receives or transmits AUTO CONDITIONS that you must notify us of audio, visual or data signals which, at the an"accident"applies only when the"accident"is time of loss",is: known to: (1)Permanently installed in or upon the covered "auto" in a housing, (1) You,If you are an individual; opening or other location that is not (2) A partner,if you are a partnership; normally used by the "auto" (3) A member, If you are a limited liability manufacturer for the installation of company;or such equipment; (4) An executive officer or insurance manager, if (2)Removable from a permanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or Is an HAZARDS integral part of that equipment;or (3)An integral part of such equipment. If you unintentionally fall to disclose any hazards existing at the Inception date of your policy,we c.For each covered"auto",should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO-COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e, of GENERAL CONDITIONS 7. - Declarations, or$250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV .- BUSINESS AUTO 9. EXTRA EXPENSE - BROADENED CONDITIONS is replaced by the following: COVERAGE e. For short-term hired "autos", the coverage Under Paragraph A.-COVERAGE-of SECTION territory with respect to Liability Coverage is III - PHYSICAL DAMAGE COVERAGE, we will anywhere in the world provided that If the pay for the expense of returning a stolen covered "insured's"responsibility to pay damages for "auto"toe e you. "bodily Injury" or "property damage" is determined in a"suit,"the suit is brought in 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D.-DEDUCTIBLE-of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to. No deductible applies to glass damage If the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D.-DEDUCTIBLE-of SECTION BUSiNESS AUTO CONDITIONS is amended by Ill - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: ©2011,The Hartford(Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc.,with its permission.) Page 4 of 5 We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total toss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss"is$10,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V- a.A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to "Bodily injury" means bodily Injury, sickness or move the auto but does not Include autos disease sustained by any person, including powered solely by electricity or natural gas. mental anguish or.death resulting from any of b.A "hybrid" auto is defined as an auto with an these. internal combustion engine and one or more 17. EXTENDED CANCELLATION CONDITION electric motors; and that uses the internal Paragraph 2. of the COMMON POLICY combustion engine and one or more electric S - CANCELLATION - applies motors to move the auto, or the Internal CONDITIONS TIa flaws: combustion engine to charge one or more excelectric motors,which move the auto, If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE nonpayment of premium, we will mail or deliver to the first Named Insured written notice of In the event of a total loss to an"auto"for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or date of cancellation. Collision coverages are provided under this 18. HYBRID, ELECTRIC, OR NATURAL GAS Coverage Form, then such Physical Damage VEHICLE PAYMENT COVERAGE Coverages are amended to add the following: In the event of a total loss to a "non hybrid"auto In addition to the actual cash value of the"auto", for which Comprehensive, Specified Causes of we will pay up to $1,000 for vinyl vehicle wraps Loss, or Collision coverages are provided under which are displayed on the covered"auto"at the time of total loss. Regardless of the number of this Coverage Form, then such Physical autos deemed a total loss, the most we will pay Damage Coverages are amended as follows: under this Vehicle Wrap Coverage provision for a.lf the auto Is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of$2,500,of the "non-hybrid"auto's not considered vehicle wraps. actual cash value or replacement cost, whichever Is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," ©2011,The Hartford(includes copyrighted material Form HA 9916 0312 of ISO Properties,Inc.,with its permission.) . Page 5 of 5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 72 WEA ZT4447 Endorsement Number: Effective Date: 12/31/23 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: VIDO ARTUKOVICH&SON INC 11155 RUSH ST SOUTH EL MONTE CA 91733 We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged In the work described In the Schedule. The additional premium for this endorsement shall be 2%of the California workers'compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WC 04 03 06 (1)Printed in U.S.A. Process Date: 12/21/22 Policy Expiration Date: 12/31/23 CITY OF HUNTINGTON BEACH BUSINESS LICENSE P.O.Box 190 44,r- Huntington Beach,CA 92648-2702 (714)536-5267 Saucy Han • Chief Financial Officer 400°000°5e 52/1 Ill I fill D egt=i VIDO ARTUKOVICH&SON INCA/IDMAR INC 11155 RUSH STREET SOUTH EL MONTE CA 91733-3548 Dear Business Owner Thank-you foryoUrpayment. Attached is yourCity of Huntington Beach Bosiness-License-certificaterPlease-note-that approximately one month prior to the license expiration date,you Will be mailed a renewal notice forthe upcoming year.If for any reason your renewal notice does not arrive you are still responsible for renewing and paying your business license prior to the expiration date. Penalties will be incurred if the payment is'not received by the expiration date. Please post the business license in public view. If you dccriet transact business from a fixed location within the City,yed.must carry this license with you at all times. if a vehicle license plate number is displayed on the Business License certificate below,you must carry a copy of the certificate in that vehicle. Please contact the Business License office if there are any changes to:ownership, address business name,business vehicle,or type of business conducted.Additionally,please notify our office if you discontinue your business, The Gender Tax Repeal Act of 1995(Act)prohibits a busineSs•from discriminating based on aperson's gender for prices of similar or like-kind goods and services.However,the Act does not prohibit price differences based on the amount of time,difficulty,or cost of providing the perviCes.In addition to prohibiting discrimination based on a person's gender,the Act requires certain businesses to clearly and conspicuously disclose to customers in writing the pricing for each standard service prOvided.The posting requirement applies to barbers and hair Salons,tailors or businesses providing aftertnarket clothing alterations,dry cleaners,and laundries providing services to individuals.To access the Department Of Consumer Affairs publication„please use the following webpage: :https://www.barbercosme:ca.goviconsurriers/gender_policy.pdf, To access the publication in Korean,.Spanish,Vietnamese, Traditional Chinese,Simplified Chinese,or Tagalog,please use the following webpage:. https://www.cica.ca.govipublications/index.shtml There are many resources available ourbusiness owners. Listerfbefow are a few that might be of interest end assistance to you. Office of Business Development "(714)536-5582 Service Corps of Retired Executives-(714)550-7369 Huntington Beach Chamber of Commerce.-(714)-536-8888 Fictitious Business Name InfOrniation-(714)834-2889 CA.Department of Tax and Fee Administration-(949)440-3473 Community Development:-(714)536-5271. If you haveany questionS, please call a Business License representative at(714)536-52671 city of Huntington Beach Business ticense License Number Business Name/Service Address • POST IN PUBLIC VIEW. A311206 VIDO ARTU kOVICH&SONINC/VIDIVIAR Effective Date 41701k4i-,N. 44t0Ogt,lt°, 1.2./1/ 023 Owner Corporation Expiration Date ; \ VIDO ARTUKOVICH&SON . 11/30/2024 INCNIPMAR INC fiTki • • • Amount Paid License Type' $110.80 CONTRACTOR THIS LICENSE IS ONLY FOR THE BUSINESS AND TYPE SHOWN. IT IS FOR THE PERSON TO WHOM - ISSUED AND IS NQN-TRANSFERABLE. RENEWAL IS DUE ON OR BEFORE TI-IE EXPIRATION DATE, Form iviiriu Request for Taxpayer Give form to.the (Rev,March 2024) Identification Number and Certification 'requester DO not! Department of the Treasury internal Revenue Service Go to www.irs.gov/FormW9 for:instructions and the Iatest.information: send to.the IRS.; Before you begin.For guidance related to the,purpose.of Form W-9,.see:Purpose of Form below; 1 Name of entity/individual.An entry is required (For a sole Oroprietor or disregarded entity,enter the owner s name on line 1;and enter the b'usiness/disregarded. entity's.name.on.tine 2.) Vido' Artukovich & Son, •Inc/Vidma.r, Inc:A, JV 2 Business name/disregarded entity nettle,if:differentfroin above. m •3a Check the:appropriate:box for federal tax;classification of the entity/individual whose name is entered on line 1.Check 4,Exemptions(codes:apply ortly to ci only one of the following;seven boxes. certain entities,not individuals; a r Individual/sole proprietor - see,instructions on page 3):; 0 p p ❑ •C`corporation 0 S;corporation, l Partnership. ❑ Trost/estate . of: ❑ LLC.Enter the tax.'classification(C=C.corporation,S-S•corporatiori,P a Partnership) ; ; Exempt payee code(ifeny) a o Note:Check the"LLC',box above and,in the entry space,enter'the:appropriate code(C,:S;or P)for the tax • 0 ' classification of the LLC unless it isa disr arded enti .A;disre disregarded entityshould instead check the a r9 riate 't=xem tion:from Forei•n Account Tax tY 9. PP P P g ;`o box for'the tax classification of ifs owner, .Compliance Act(FATCA)reporting .`2 ❑ Other(see instructions) .code(if any) a . 3b Ifon line 3a you checked"Partnership"or"'Trust/estate,"or checked LLC"and entered P'as its tax classification;. m and you are;providing'this form:to a partnership,trust,or estate in"which you have an ownership.interest„check , (APPbes;to accounts maintained Q this box.if you have any foreigrr;partners,owners,or beneficiaries.See instructions ❑ outside the United States:) N 5 Address(number,street and apt.orsuite:no..See.instructions; Requester'•s:name and address(optional) '1,1155! Rush Street' :6 City,state,,and ZIP`code • South El Monte, CA 91733 7 List account numbers)here(optionaQ . Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box:The TIN provided`must.match;the name given on line 1.to avoid 0 Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,•sole proprietor,are disregarded entity,see the instructions for Part],later.For other entities,it is your emplayer identification number(EIN):if you do;not have:a number,see Hots fo data: or. TIN,later. 1. Employer identification number Note:If the account:is in more than one name,'see the instructions for jibe:1.See also What Name and: Number To_Give the.Requester for.guidelines on whose number to enter-;. 9 1 1 8 2 1 .5; 7. 3- Part II ; Certification . Under penalties of perjury,,t certify that 1..The number shown on this form is my correct;taxpayer identification number Of'I am waiting for a number to'•be:issued to me);:and 2 I am not subject'to backup withholding because,(a)I.am exempt from backup withholding,or(b)I have not been:notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result;of a failure to report all interest or dividends;or(c):the IRS has notified me that I am no longer subject to backup withholding;and 3.1 am a U;S.'citizen or otherLIS person.(defined below);and 4:The FATCA codes)entered on this form:(if any)indicating that tarn exempt from FATCA reporting is correct; Certification;instructions.You'must cross out'tem 2 above if you have been notified by the IRS that YOU are currently subject to backup withholding because you have failed to report ail interest and dividends on your tax return.For:real estate transactions,item 2 does.not apply.For mortgage paid, acquisition::or abandonment of'sec red property;cancellation of debt,,contributions to an individual retirement arrangement(IRA);and,generally;payments other than interest and dividends u ar not require o ign t e ce ication,b ou .ust provide your correct See the instructions for Part.11,later:: Sign Signature Here uS.pars Z�//°.• Date 4/'112024 General Instructions, New line.3b has been added to this form.Aflow-:through entity is required to complete this line to indicate that it has direct or indirect Section references are to the,Internal:;Revenue Code unless otherwise foreign partners,owners,or beneficiarieS when it:provides the Form W-9 noted, to another flow-through entity'in`which.it has an ownership interest.This Future developments:For the letest•information:about developments change is intended to provide a;fiow through entity with information related to Form W 9 and its instructions,,such as legislation enacted _ regarding the status of its indirect foreign partners,owners;or after they were published go to wwwIrsi.gov/FormWg; beneficiaries;so thatit can satisf any applicable repo ting requirements..For example,a partnership that has any Indirect foreign: What°:$, New partners may`be required to complete Schedules K72 and K-3.See the • Partnership Instructions for Schedules K-2'-and K-3(Form 1065). Line 3a has;been modified to clarify how'a disregarded entity completes this line An LLC°that is a disregarded entity should check the. Purpose of Form appropriate box for the tax classification of its•owner.Otherwise,if should check the"LLC"box and enter,ifs appropriate tax:classificaf on, An individual or,entity(Form W-9 requester)who is.required to file en information retum with the IRS`is:giving you this form because they Cat.No.19231X; Form W-9°(Rev.3-2024) RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) ', CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: C"" ` ' ��t I A2,04 SUBJECT: Bond Acceptance I have received the bonds for V i A A \A X1 '(;_+ c _ ( . /Vii)rc3i jii; L< V (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. 36Cd r 505 3 Payment Bond (Labor and Materials) Bond No. Ectai(1 Sc2 3 Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved + (Council Approval Date) CC No. 17)'`1 Agenda Item No. MSC No. City Clerk Vault No. 000. 50 Other No. _ SIRE System ID No. g:/forms/bond transmittal to treasurer aT�rdc,o' CITY OF HUNTINGTON BEACH Rider to Emergency Requisition Emergency Purchase Justification DATE: 8/21/2024 DEPARTMENT: Public Works REQUESTED BY: David E. Fait ITEM: Sinkhole Repair on Warner Avenue SOURCE: Vido Artukovich and Son THE ITEM(S) OR SERVICE(S) TO BE PURCHASED OR PROCURED PURSUANT TO THIS REQUISITION IS AVAILABLE FROM A SINGLE SOURCE ONLY BECAUSE: ❑ There is great public calamity. ❑ There is immediate need to prepare for national or local defense. ❑ There is a breakdown in machinery or an essential service, which requires an immediate procurement in order to safeguard the public health, safety, or welfare. ® An essential, departmental operation affecting the public health, safety or welfare would be greatly hampered if the prescribed procurement procedure would cause an undue delay in the procurement of the needed services. ❑ Other EXPLANATION OF ITEM(S) CHECKED: A sinkhole has developed on Warner Avenue west of Magnolia, due to a leaking Sewer Line. AUTHORIZATION Department Head (3.03.080 (a)) to 'SA v, /z-0141 Chie ancial Officer(3.02.190 (b)) Date -44-1/ gig/7Y i�anager Date Once signatures have been obtained, please forward original to the Purchasing Department—scan or copy to originating department. 0/0\N1"'NGT(Jib® City of Huntington Beach 49) . �S�6AP0A4i�© 7`> 2O00 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov �� !7'19691 � Clerk °UNTV :7kirf � ORobin Estanislau,ce of the City Clerk October 7, 2024 Vido Artukovich and Son, Inc.Nidmar Inc. 11155 Rush Street El Monte, CA 91733 Dear Mr. Artukovich: Enclosed is a fully executed copy of the Emergency Repair Contract between the City of Huntington Beach and Vido Artukovich and Son, Inc.Nidmar Inc. A JV for CC1814— Warner Avenue Sinkhole Repair Project. • Sincerely, eldhtlatattu) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan