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Shell Gate & Willow Outfalls P.W. No. 04-25-15
CONSTRUCTION AGREEMENT
THIS CONSTRUCTION AGREEMENT (“Agreement”) is entered into this _____ day of ___________ 2026, by and between the CITY OF ALAMEDA, a municipal corporation (“ the City"), and APENA ENGINEERING, INC. , a S. Corporation whose address is 207 OAKES BOULEVARD, SAN LE ANDRO, CALIFORNIA 94577 , (“Contractor”), in reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the City’s Charter.
B. The City is in need of the following services: installation of four grated overflow inlets on four storm outfall pipes and the in stallation of cured in place pi pe on the storm pipe segments between the new overflow inlets and upstream drain inlet. City staff issued an IFB on January 13, 2026, after a submittal period of 21 days received ten timely submitted bids, and the bids were opened on February 3, 2026. Staff reviewed the bi ds and selected the lowest responsive and responsible bidder.
C. Contractor possesses the skill, experi ence, ability, background, certification and knowledge to provide the services described in this Agreement, and desires to perform and assume responsibility for those services on the terms an d conditions described he rein. Contractor has obtained, and delivers concurrently herew ith, a performance bond, a payment bond, and all insurance documentation, as required by this Agreement.
D. Whereas, the City Council authorized the City Manager to execute this agreement on March 17, 2026.
E. The City and Contractor desire to enter into an agreement for the installation of four grated overflow inlets on four storm outfall pipes and the installation of cured in place pipe on the storm pipe segments between the new overflow inle ts and upstream drain inlet, upon the terms and conditions herein.
NOW, THEREFORE, in consideration of the fo rgoing, which are incorporated herein by reference, and for other good and valuable consider ation, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. TERM:
Contractor shall have 96 consecutive working days from the date the work is to commence pursuant to the Notice to Proceed to diligently pr osecute the work to completion. In accordance with the construction window April 16, 2026 – September 1, 2026, as outlined in the supplementary conditions of EBRPD Permit 025T-25, no work will take place after September 1, 2026. The City will issue the NTP shortly after c ontract award and then suspend the count of working so the Contractor can order any mate rials with long time. The working days will Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Apena Engineering 2 Version 8-04-25
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recommence April 16, 2026 such that the contract or has 96 consecutive days during the allowed construction window.
2. SERVICES TO BE PERFORMED:
Contractor agrees, at its own cost and expe nse, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with the Specifications, Special Provisions and Plans, which Specifications, Special Provisions and Plans are hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. Contract or acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Contractor to perform all tasks included therein.
3. COMPENSATION TO CONTRACTOR:
Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor's bi d, which is attached hereto as Exhibit A and incorporated herein by this reference. Payment will be made in the same manner that claims of a like character are paid by the City, with checks drawn on the treasury of the City.
Payment will be made by the City in the following manner: On the first day of each month, Contractor shall submit a written estimate of the total amount of work done the previous month.
However, the City reser ves the right to adjust budget within and between task s. Pricing and accounting of charges are to be according to the bi d packet pricing, unless mu tually agreed to in writing.
Payment shall be made for 95% of the value of the work completed as determined by the City. The City shall retain 5% of the value of the work as partial security for the completion of the work by Contractor. Retained amounts shall be paid to Contractor within sixty days of acceptance by the City of the project. Payment shall not be construed as acceptance of defective work. No interest will be paid to Contractor on retained funds.
Total compensation for work is $, with a ten percent contingency in the amount of $55,602 for a total not to exceed of $11,622. Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City.
Prompt Payment Of Withheld Funds To Subcontractors: The City shall hold retainage from the prime contractor and shall, as determined by the City, make prompt and regular incremental acceptances of portions of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subc ontractor shall return all monies with held in retention from all subco ntractors within 30 days after receiving pay ment for work satisfactorily completed and accepted by the City, including incremental acceptances of portions of the contract work. Any delay or postponement of payment may take place only for good cause and with th e City’s prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sa nctions, and other remedies sp ecified in Section 7108.5 of the California Business Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving (a) late p ayment or nonpayment by the prime contractor, (b) deficient subcontractor performance, or (c) noncompliance by a subcontractor with Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Apena Engineering 3 Version 8-04-25
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the contract, including but not limited to remedies under California Public Contract Code Section 9204. This clause applies to both DBE and non-DBE subcontractors.
4. TIME IS OF THE ESSENCE:
Contractor and the City agree that time is of the essence regarding the performance of this Agreement.
It is agreed by the parties to this Agreement that if all the work called for under the Agreement is not completed before or upon the expiration of the time limit as set forth in Paragraph 1 above, damage will be sustained by the City, and it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay. It is therefore agreed that Contractor will pay the City the sum of ONE THOUSAND ONE HUNDRED AND FOUR DOLLARS ($1,104) per day as liquidated damages for each and every day's delay beyond the time prescribed to complete the work; and Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due Contractor under the Agreement.
It is further agreed that in case the work called for under the Agreement is not finished and completed in all parts and requirements within the time specified, the City shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if the City decides to extend the time limit for the completion of the Agreement, it shall further have the right to charge Contractor, its successors, heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual costs and overhead expenses which are directly chargeable to the Agreement, and which accrue during the period of such extensions.
Contractor shall not be assessed with liquidated damages during any delay in the completion of the work caused by an act of God or of the public enemy, acts of the City, fire, flood, epidemic, quarantine restriction, strikes , freight embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided that Contractor shall, within one (1) day from the beginning of such delay, notify the City in writing of the causes of delay. The City shall ascertain the facts in good faith and the extent of the delay, and its findings of the facts thereon shall be final and conclusive.
5. STANDARD OF CARE:
Contractor shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents th at it is skilled in the professional calling necessary to perform all services contracted for in this Agreement. Contractor further represents that all of its employees and subcontractors shall have sufficient skill and experience to perform the duties assigned to them pursuant to and in furtherance this Agreement.
Contractor further represents that it (and its employees and subcontractors) have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the services (including a City Business License, as needed); and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform (at its own cost and expense and without reimbursement from the City) any services necessary to correct errors or omissions which are Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Apena Engineering 4 Version 8-04-25
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caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its subcontractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of any services under this Agreement, or a threat to the safety of persons or property (or any employee who fails or refuses to perform the services in a manner acceptable to the City) shall be promptly removed by the Contractor and shall not be re-employed to perform any further services under this Agreement.
6. INDEPENDENT PARTIES:
Contractor hereby declares that it is engaged as an independent business and it agrees to perform its services as an independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services and work. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from the City to Contractor, its employees, subcontractors, suppliers or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor. Any personnel performing the services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend (with counsel acceptable to the City) and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.
8. NON-DISCRIMINATION:
Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable employer/employee conduct, neither Contractor nor Contractor’s employees, agents, subcontractors or suppliers shall harass or discriminate against any job applicant, City employee, or any person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to race, religious creed, color, national origin, ancestry, disability (both mental and physical), including HIV and AIDS, medical condition (e.g.. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Such non-discrimination shall include but not be limited to all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. Contractor agrees that any violations of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Apena Engineering 5 Version 8-04-25
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liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Agreement or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City.
The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.
As to Claims for professional liability only, Contractor’s obligation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8.
Contractor’s obligation to indemnify, defend and hold harmless Indemnitees shall expressly survive the expiration or early termination of this Agreement.
10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Contractor shall furnish City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 10.b. (1) through (4). Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days advance written notice to the City of Alameda, Attention: Risk Manager.” Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents and volunteers as additional insured shall be submitted with the insurance certificates.
b. COVERAGE:
Contractor shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:
Statutory coverage as required by the State of California. (2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
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Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
(3) Automotive:
Comprehensive automobile liability coverage (any auto) in the following minimum limits:
Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (4) Pollution Prevention:
Legal liability required for hazardous materials excavation in the amount of $2,000,000 each occurrence. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
c. SUBROGATION WAIVER:
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. d. FAILURE TO SECURE:
If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor's name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
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e. ADDITIONAL INSURED:
The City, its City Council, boards, commissions, officials, employees and volunteers shall be named as an additional insured under all insurance coverages, except worker’s compensation insurance. The naming of an additional insured shall not affect any re covery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on t his policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. The additional insured coverage under the Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance.
f. SUFFICIENCY OF INSURANCE:
The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor.
g. EXCESS OR UMBRELLA LIABILITY:
If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including but not limited to, the additional insured, SIR, and primary insurance requirements stated therein. No insurance policies maintained by the indemnified parties or Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until all the primary and excess liability policies carried by or available to the Contractor are exhausted.
If a Provider is using an Excess Liability policy
to supplement any insurance coverage required by this Agreement, they must submit the Excess Liability policy in full.
11. BONDS:
Contractor shall furnish the following bonds from a bonding company acceptable to the City’s Risk Manager:
A. Faithful Performance: A bond in the amount of 100% of the total contract price guaranteeing the faithful performance of this contract, and B. Labor and Materials: A bond for labor and materials in the amount of 100% of the total contract price.
Faithful Performance Bond and Labor and Material Bond are only required for work over $25,000. Therefore, those estimates that are under $25,000 will not need to budget for the bond premiums and those estimates over $25,000 will need to budget for the bond premiums.
12. PROHIBITION AGAINST TRANSFERS:
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Any attempt to do so without said consent shall be null and void, Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Apena Engineering 8 Version 8-04-25
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and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, Contractor’s claims for money from the City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to the City by Contractor.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the entity.
13. SUBCONTRACTOR APPROVAL:
Unless prior written consent from the City is obtained, only those people and subcontractors whose names are listed in Contractor's bid shall be used in the performance of this Agreement.
Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated cos ts for the subcontractor's services. Approval of the subcontractor may, at the option of the City, be issued in the form of a Work Order.
In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement.
14. PERMITS AND LICENSES:
Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License that may be required in connection with the performance of services and work hereunder.
15. REPORTS:
Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the exclusive property of the City.
No report, information nor other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by the City.
Contractor shall, at such time and in such form as the City may require, furnish reports concerning the status of services and work required under this Agreement.
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16. RECORDS:
Generally, the City has the right to conduct audits of Contractor’s financial, performance and compliance records maintained in connection with Contractor’s operations and services performed under the Agreement. In the event of such audit, Contractor agrees to provide the City with reasonable access to Contractor’s employees and make all such financial (including annual financial statements signed by an independent CPA), performance and compliance records available to the City. City agrees to provide Contra ctor an opportunity to discuss and respond to any findings before a final audit report is filed.
Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of services and work under this Agreement.
Contractor shall maintain adequate records of services and work provided in sufficient detail to permit an evaluation of services and work. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of the City or its designees, and gives the City the right to examine and audit same, and to make tran scripts therefrom as necessary , and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns raised by the City's preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
17. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:
City of Alameda Public Works
950 W Mall Square
Alameda, CA 94501
ATTENTION: William Smith
Ph: (510) 274-7003
Email: [email protected]
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All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:
APENA Engineering, Inc.
207 Oakes Boulevard
San Leandro, CA 94577
Attention: President
Ph: (510) 575-2547 \ Email: [email protected]
18. SAFETY:
Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and work under this Agreement. This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor standards, Cal/OSHA requirements Act, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
Contractor shall immediately notify the City’s Risk Manager within 24 hours of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Agreement. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Agreement. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
19. COMPLIANCE WITH ALL APPLICABLE LAWS:
During the term of this Agreement, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Contractor shall defend, indemnify, and hold City (including its officials, directors, officers, employees, and agents) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws and regulations pursuant to the indemnification provisions of this Agreement.
20. HEALTH AND SAFETY REQUIREMENTS.
Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Apena Engineering 11 Version 8-04-25
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(e.g. masks), physical distancing, and health screenings. Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.
21. PREVAILING WAGES:
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq. as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”) which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Contractor agrees to fully comply with such Prevailing Wage Laws if the services are being performed as part of an applicable “public works” or “maintenance” project as defined by the Prevailing Wage Laws and if the total compensation is $1,000 or more. City, upon Contractor’s request, shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the services available to interested parties upon request; and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify, and hold the City (its elected officials, officers, employees, and agents) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
22. DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE AND
PREVAILING WAGE REQUIREMENTS ON PUBLIC WORKS PROJECTS:
a. For purposes of Sections 22 through 24 of this Agreement, the terms “claim”, “contractor”, “public works project” and “subcontractor” shall have the same meanings set forth in Public Contract Code Section 9204.
b. No contractor or subcontractor may be listed on a bid proposal for a public works project, nor engage in the performance of any public work contract, unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 (with the limited exceptions for certain bids pursuant to Labor code Section 1771.1(a)). Registration instructions may be found at the following website: https://www.dir.ca.gov/Public -Works/Contractor- Registration.html
c. Contractor and each subcontractor shall keep an 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 journeyma n, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with th is section. Should noncompliance still be evident after such 10- day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Apena Engineering 12 Version 8-04-25
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to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due.
The responsibility for compliance with this section is on Contractor. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner at the following website: https://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html
d. Contractor is required to all post job site notices as prescribed by State law. (See 8 Cal. Code Regs, Section 16451(d).)
e. The project that is governed by this Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
f. In executing this Agreement, Contractor acknowledges and agrees that the work authorized by this Agreement may be subject to compliance monitoring and enforcement by the Department of Industrial Relations.
23. HOURS OF LABOR:
As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, eight (8) hours of labor shall constitute a legal day's work. The time of service of any worker employed at any time by Contractor or by any subcontractor on any subcontract under this Agreement, upon the work or upon any part of the work contemplated by this Agreement, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as hereinafter provided. Notwithstanding the provision hereinabove set forth, work performed by employees of Contractor in excess of eight (8) hours per day and forty (40) hours during any one week shall be permitted upon this public work, provided that the employees’ compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay.
Contractor shall pay the City a penalty of Twenty- five Dollars ($25.00) for each worker employed in the execution of this Agreement by Contractor, or by any subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one (1) calendar week, in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, unless Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Apena Engineering 13 Version 8-04-25
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compensation for the workers so employed by Contractor is not less than one and one-half (1-1/2) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.
Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half (1½) times the above specified rate of per diem wages, unless otherwise specified.
Holidays shall be defined in the Collective Bargaining Contract applicable to each particular craft, classification, or type of worker employed.
24. APPRENTICES:
Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by Contractor or any subcontractor under it on contracts greater than $30,000 or 20 working days. Contractor and any subcontractor under it shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.
Section 1777.5 of the Labor Code requires Contractor or subcontractor employing workers in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project, and which administers the apprenticeship program in that trade, for a certificate of approval, if they have not previously applied and are covered by the local apprenticeship standards.
Contractor is required to make contributions to funds established for the administration of apprenticeship programs if: (1) Contractor employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions; or (2) if Contractor is not a signatory to an apprenticeship fund and if the funds administrator is unable to accept Contractor' required contribution. Contractor or subcontractor shall pay a like amount to the California Apprenticeship Council.
Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex- officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprentic eship Standards and its branch offices.
25. LABOR DISCRIMINATION:
No discrimination shall be made in the employment of persons upon public works because of the race, color, sex, religion, age, national origin, sexual orientation or physical disability of such persons and every Contractor for public works violating this s ection is subject to all the penalties imposed for a violation of the provisions of the Labor Code, and, in particular, Section 1735.
26. REGISTRATION OF CONTRACTORS:
Before submitting bids for any work authorized by this Agreement, contractors shall be licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be li sted in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations.
No bid will be accepted nor any contract entered into without proof of the contractor’s and Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Apena Engineering 14 Version 8-04-25
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subcontractors’ current registration with the Department of Industrial Relations to perform public work. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
27. URBAN RUNOFF MANAGEMENT:
Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Contractor shall use as little as necessary.
Contractor shall take all steps necessary to keep wash water out of the streets, gutters and storm drains.
Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control includes but is not limited to:
a. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season (October 15), on site de -watering activities and saw -cutting activities; sh ovel or vacuum saw-cut slurry and remove from the site.)
b. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers.
c. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location.
d. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff.
e. Contractor shall maintain a clean work area by removing trash, litter, and debris at the end of each workday. Contractor shall also clean up any leaks, drips, and other spills as they occur.
The objective is to ensure that the City and County of Alameda County-Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction, up-graded as required, maintained during construction phases to provide adequate protection, and removed at the end of construction.
These recommendations are intended to be used in conjunction with the State’s Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7.1.01 of the Standard Specifications and any other appropriate documents on storm water quality controls for construction.
Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is two Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Apena Engineering 15 Version 8-04-25
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hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code Section 13385.
28. COMPLIANCE WITH MARSH CRUST ORDINANCE:
Contractor shall perform all excavation work in compliance with the City’s Marsh Crust Ordinance as set forth at Section 13-56 of the Municipal Code. Prior to performing any excavation work, Contractor shall verify with the Building Official whether the excavation work is subject to the Marsh Crust Ordinance. Contractor shall apply for and obtain permits from Building Services on projects deemed to be subject to the Marsh Crust Ordinance.
29. COMPLIANCE WITH THE CITY’S INTEGRATED PEST MANAGEMENT POLICY:
Contractor shall follow the requirements of the City's Integrated Pest Management (IPM) Policy to ensure the City is in compliance with its Municipal Regional Stormwater NPDES Permit, Order R2-2022-0018, issued by the San Francisco Bay Regional Water Quality Control Board. Contractor shall use the most current IPM technologies available to ensure the long- term prevention or suppression of pest problems and to minimize negative impacts on the environment, non-target organisms, and human health for the control or management of pests in and around City buildings and facilities, parks and golf courses, urban landscape areas, rights-of-way, and other City properties.
Contractor will consider the City IPM Policy’s hierarchy of options or alternatives listed below, in the following order before recommending the use of or applying any pesticide on City property: (1)
a. No controls (e.g. tolerating the pest infestation, use of resistant plant varieties or allowing normal life cycle of weeds);
b. Physical or mechanical controls (e.g. hand labor, mowing, exclusion); c. Cultural controls (e.g. mulching, disking, alternative vegetation) and good housekeeping (e.g. cleaning desk area);
d. Biological controls (e.g., natural enemies or predators); e. Reduced-risk chemical controls (e.g., soaps or oils); and f. Other chemical controls.
Prior to applying chemical controls Contractor shall complete a checklist for the City’s pre- approval that explains why a chemical control is necessary. For annual contracts that require regular application of chemical controls the contractor shall submit one checklist prior to the initiation of the project demonstrating that the hierarchy has been reviewed and no other options exist. (See Exhibit C ). Additionally, Contractor shall provide documentation to the City’s project manager of the implementation of the IPM techniques hierarchy described in the City’s IPM Policy.
Contractor shall avoid the use of the following pesticides that threaten water quality, human health and the environment:
a. Acute Toxicity Category I chemicals as identified by the Environmental Protection Agency (EPA);
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b. Organophosphate pesticides (e.g., those containing Diazinon, chlorpyrifos or malathion);
c. Diamides (chlorantraniliprole and cyantraniliprole); d. Neonicotinoids (e.g., imidacloprid, acetamiprid, and dinotefuran); e. Pyrethroids (bifenthrin, cyfluthrin, beta -cyfluthrin, cypermethrin, deltamethrin, esfenvalerate, lambda- cyhalothrin, metofluthrin, permethrin, and tralomethrin), carbamates (e.g., carbaryl and aldicarb), diuron, fipronil and its degradates, and indoxacarb; and
f. Copper-based pesticides unless their use is judicious, other approaches and techniques have been considered, and the threat of impact to water quality is prevented.
Contractor shall sign the Contractor Verification Form (attached as Exhibit B) indicating the intent to implement the City’s IPM Policy, and return a signed copy to the City’s project manager.
Contractor shall provide to the City’s project manager an annual report of all pesticide usage in support of City operations including pesticide name, active ingredient(s), target pest(s), the total amounts used and the reasons for any increase in use of any pesticide. Contractor shall provide a copy of any current IPM certifications(s) to the City’s project manager prior to initiation of the service work.
A copy of the City's IPM Policy may be obtained from the City’s project manager and is also on file with the City Clerk.
30. PURCHASES OF MINED MATERIALS REQUIREMENT:
Contractor shall ensure that all purchases of mined materials such as construction aggregate, sand and gravel, crushed stone, road base, fill materials, and any other mineral materials must originate from a surface mining operation identified on the AB3098 List per the Surface Mining and Reclamation Act of 1975 (SMARA).
Within five days of award of contract, Contractor shall submit a report to the City which lists the intended suppliers for the above materials and demonstrates that the suppliers are in compliance with the SMARA requirements. The AB3098 List is maintained by the Department of Conservation’s Office of Mine Reclamation (OMR) and can be viewed at:
www.conservation.ca.gov/OMR/ab_3098_list/index.htm. Note that the list changes periodically and should be reviewed accordingly.
31. CALIFORNIA AIR RESOURCES BOARD COMPLIANCE:
Contractor, shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the California Air Resources Board regulations including, without limitation, Title 13, California Code of Regulations Di vision 3, Chapter 9 and all pending amendments (“CARB Regulations”).
Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, Certificates o f Reported Compliance, Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Apena Engineering 17 Version 8-04-25
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fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the CARB Regulations upon two (2) calendar days’ notice from the City.
Contractor shall be solely liable for any and all costs associated with complying with the CARB Regulations as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the CARB Regulations. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the CARB Regulations.
32. TERMINATION:
In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) business days after receipt by Contractor from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may terminate the Agreement forthwith by giving to Contractor written notice thereof.
The City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days’ prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination.
33. ATTORNEYS’ FEES AND COSTS:
In the event of any litigation, including administrative proceedings, relating to this Agreement, including but not limited to any action or suit by any party, assignee or beneficiary against any other party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney’s fees and costs. No party or litigant shall be entitled to recover any attorneys’ fees or costs from any other party or litigant, regardless of which party or litigant might prevail.
34. PUBLIC CONTRACT CODE SECTION 9204 SUMMARY:
Notwithstanding anything else to the contrary stated in the Information For Bidders (IFB) or other documents associated with this Agreement, all claims, regardless of dollar amount, submitted between January 1, 2017 and January 1, 2027 related to work perf ormed or scheduled to be performed pursuant to this Agreement shall be governed by Public Contract Code Section 9204 and this section. The following provisions and procedures shall apply:
a. Contractor shall submit each Claim (whether for a time extension, payment for money or damages) in writing and in compliance with Public Contract Code Section 9204. Contractor must include reasonable documentation to support each claim.
b. Upon receipt of a claim, the City shall conduct a reasonable review and respond in writing within 45 days of receipt and shall identify in a written statement what portions of the claim are disputed and Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Apena Engineering 18 Version 8-04-25
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undisputed. Undisputed portions of the claim shall be process and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The City and Contractor may mutually agree to extend the 45 day response time.
c. If the City needs approval from the City Council to provide a written statement, the 45 days may be extended to 3 days following the next duly noticed public meeting pursuant to Public Contract Code Section 9204(d)(1)(C).
d. If the City fails to timely respond to a claim or if Contractor disputes the City’s response, Contractor may submit a written demand for an informal meet and confer conference with the City to settle the issues in dispute. The demand must be sent via regi stered or certified mail, return receipt requested. Upon receipt, the City shall schedule the conference within 30 days.
e. Within 10 business days following the informal meet and confer conference, the City shall submit to Contractor a written statement describing any issues remaining in dispute and that portion which is undisputed. Undisputed portions of the claim shall be processed and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The issues remaining in dispute shall be submitted to non- binding mediation. If the City and Contractor mutually agree on a mediator, each party shall pay equal portions of all associated costs. If within 10 business days, the City and Contractor cannot agree on a mediator, each party shall select a mediator (paying all costs associated with their selected mediat or), and those mediators shall select a qualified neutral third party to mediate the disputed issues. The City and Contractor shall pay equal portions of all associated costs of such third party mediator.
f. Unless otherwise agreed by the City and Contractor, any mediation conducted hereunder shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has commenced.
g. The City reserves all rights and remedies that it has pursuant to this Agreement, any associated plans and specifications, or at law or in equity which are not in conflict with Public Contract Code 9204.
35. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Apena Engineering 19 Version 8-04-25
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of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.
36. ADVERTISEMENT:
Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from the City to do otherwise.
37. WAIVER:
A waiver by the City of any breach of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
38. INTEGRATED CONTRACT:
Subject to the language of Section 43, the Recitals and exhibits are a material part of this Agreement and are expressly incorporated herein. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the part ies hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the City and Contractor.
39. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party.
40. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.
41. COUNTERPARTS:
This Agreement may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
42. SIGNATORY:
By signing this Agreement, each signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.
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43. CONTROLLING AGREEMENT:
In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherwise modified from time to time) and any other terms and conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
R )l)t. R: APENA Engineering, lnc PROPOS.\1. l'OR P\\' 0,1-25-25 5 BID PROPOSAL TO THE CITY OF ALAMEDA
NAN4E OL IIt)t);R APENA Engineering, lnc
BUSINt.SS .\t)t)ti[:SS 207 Oakes blvd
CI't\'. S tAt't-._ ZIp San Leandro, Ca 94577
TELEPHONE NO: AREA CODF- (510 ) 575-2547
The Work tbr which this proposal is submitted is for construction in accordance with the Contract Documents.
The Project plans lor the Work to be done were approved and are entitled Shell (]ate and Willow Outfalls
PW NO.04-25-15
CITY (X. AI-AMIiDA
ALAMEDA ('OUN'I'Y. ('ALIF()RN IA
Bids arc fo bc subn.rittcd lirr thc cntirc Work. 'l-hc anrount of thc bid tor cornparison l.rurposcs rvill bc thc total ol'bid itcms. including rclocablc bicl iterns.
Bid bond or check
a Bid Bond
Certified Check, or Biddcr's Bond, as the casc may be] in an amount equal to at least l0()t 01'thc total of the bid.
Exccntion rvithin tcn days. Thc Biddcr acrccs to cxccutc thc rcqnircd contract(s). rvith neccssary bonds. r.vithin ten calendar days o1'notitication that thc Citv has accepted the bid and lhe con-trac1 is ready for signaturc. If thc Bidder fhils to do so. thc City may. at its option. detenninc that thc Bidder has abandoned thc cor.]tract. Thc penaltl- lbr def-ault is fbrf'eiture to the City ol Alarrieda o1' the proceeds of the proposal guarantee accompanl,ing this bid.
Addenda. This proposal is subrnitted to include thc changes to the Contract f)ocumcnts as Addendum nunrbers 01 [Fill in il'addenda have been
issued.] Il atldenda issued. print. sign and date each addenda and include rvith this bid proposal Warring. Il'thc ('it1,has issucd an atltlendum or addenda. the Cit1. ma1 re-iect this Proposal il'all addenda arc not notcd abor c as bcing rcccivctl bi the Bidder.
License. The Bidder is licensed in accordance with the State of Califbmia Contractor's License Law.
License No. 11078',15
Accorrpanying this proposal is
[Inscrt: Cash S_. Cashier's Chcck,
L]
Exhibit A
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lixpiration Date 07 t31t2026
Bidder's status. If an individual. so state. lla fim co partuership, statc the finn name and glte the nanles of all individuals or copartrlcrs corrposing the flnn. If a corporirtion, state legal names of corporation and also nanres ol President, Secretary. Treasurer and Manager.
Tlie names ofall persons interested in the Bid Proposal as principals arc as lollows:
I Note: If Bidder or other intercsled person is a corporafion. state lcgal namc ofthe corporation. also names of the president. secrclary, treasurer. and manaqer: il a co-partnership. state name of ilrm, also names of all individual co-partners conrposing llrml il Ilidder or other interested person is an individual. state first and last narles in full. Use additional pagcs ilneccssary.] APENA Enqineerino. lnc
Aleiandro Pena- President. Secretarv. T re2 stire r
Documents included in Bid Proposal and Schedule. The following are attached and included in the Bid Proposal and Schedule:
5 Bid Proposal
5-l Bid Schedule
5-2 Proposed Subcontractor Form
5-3 Not Used
5-4 Non-collusionDeclaratit.rn
5-5 Questionnaire to General Contractors
5-6 Bidder's Statement ofFinancial Responsibilitl. Technical Ability and Experience 5-7 Bidder's Bond
5-8 Bidder's Request tbr Material Substitution
5-9 Guaranry
5.IO NOT T]SED
Signature. Under penalty ofperjury. I declare' that to the best olrny knowledge and belief: the reprcscntations made in thcse tlid I)ocLr nts ale t[ue. correct and col]rplctc SIGNA'lURh OI-' B IDDITR
Pnnt or T-vpe Name. Address
Alejandro Pena 207 Oak
lnd 1'clcp u
es blvd San Leand ro c494577 5105-75-2547
.2026DATED: February 3
ll
Exhibit A
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TO: PROSPIICI-IVEBIDDERS
sHEI-l- (;.\l t_ & \\ It.t.()\\ ()t''t r.,\t.l-s
PRO,|[( T \(). I'.\\. 0{-25-15
AI)l)E\ l)l'\l \o. I
Addendum No. I is hereby issued to make the fbllolr'ing revision 10 thc plans and specillcations and addresscs RFIs receivcd as ol' 112712026:
'l he estinrated quantity for bid itern nurnber 5. 12" ('lPP l-iner has been modificd tiorn -]61.F to llii[-li.
All hiddels shall use the attached reviscd bicl schcclule.
Scott
. Wikstrom
Digit.lly tiqred by S(otl
D.te:202601 2808:22:15
08 00'.{ PPROV t: l) .larruan 28. 2026
Scott Wikstrom. P.E. C56266
City Engineer
Date
Receipt is hclcbr acknou'ledged of Addendutn No. l. SIIELL (;ATE & WILLOW O[ITFALLS A?e$A €.n ir1c.rrF1, \"...
Companl Narnc / ('orrtr?ctor
Br
NOTE: T (l ADDE\l)t \1. Sr(;\1..1) .\\r) r).\'r'1..1) \It'sT BE RE-l-t lr\r.r) \\' 'tl \oUR tlil).
Attachments:
I Rer ised bicl schcdLrlc.
2. l.ist of'hid RFIs and responses as ol' 1t17,t2026.
l)xle : oz-l .S f Zez*
--------t------j-
Exhibit A
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5-l BrD SCHEDULE FOR sllt.l.L (;.{TE & \\ Il.l.()\\'ot'l-}',\l.l.s TO: CITY COUNCIL. CITY OI ALAMEDA. CAI.IFORNIA
The undersigned Bidder declares that Bidder has carclirlll cxamined thc Pro.iect Manual. and is satisfied as to the field conditions the Bidder will cncorinter.'l'he Biddcr proposes to flrnish all materials, labor and equipment and to do all Work required to completc the Work in accordance vvith the Project Manual. for the priccs set forth in the lbllo*ing schedule (including all applicable taxes):
Itenr price and total. 'l he []iddcr shall set lirrrh lol caelr Lrnit basis itenr ol \\'orli an itcnt pricc and a total for the item. and for each lump sum item a total lirr the item. all in clcarly legible figures in the respective spaces provided lor this purposc. In thc case of unil basis iterns- the amount set forth under the "Iotal" column shall be thc extension ol'the itern price bid on the basis ofthe estimated quantity tbr the irem.
Discrepancics. ln the case of discrepancv belween the itern price and the k)tal set forth fbr a unit basis item. the item price shall prcvail. However. il'the amounr set tbrth as an item price is ambiguous. unintelligible or uncerlain tbr anl causc. or is ornitted. or is lhe same amount as the entry in the -total" column. then the amount set lbnh in the "total" column lirrthe item shall prevail and shall be divided by the estimated quantit)' for the item and the price thus obtained shall be rhe item price.
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Description unit Unit Price Total Price
1 MOBILIZATION, DEMOBILIZATION AND STORMWATER POLLUIION CONTROL 1 LS r,16, OO o e\o,oo o,'
2 PEDESTRIAN AND TRAFFIC CONTROL 1 LS i,9oo 6,soo. o
3 15' CIPP LINER 106 LF t1 c.': la,Lrn.':
4 18 CIPP LINER '188 LF 380. * 'I I , {{0.':
18312" CIPP LINER LF
{2D.1 tSrtLo.'i
6 OVERFLOW OUTLET STRUCTURE INSTALLATION 4 EA {orooo I lro, do o. 7 MECHANICAL SHEETING AND SHORING OF OVERFLOW OUTLETS
TRENCH 1 LS 3Lrooo 3 b,60o"
8 INSTALL 2' BAND OF RIP.RAP AROUND INLET EA arSoo to, ooo.' I TIDE VALVE NSTALLATION 8 EA Itrt56 Irqrooo,,
Total Bid {\{,1f,0.
rYJr(l
l-ol Al. lltD AMOLTN'I':
Entire Work. Bids are required lbr the entire Work. including the alternative bid items if any. 'I'he amount ofthe bid for the purposes olthe au'ard s ill he the total ofthe amount ofall the base bid items. The City will detemrine which additional alternate(s). ilany. will be awarded. All items are based on an "in place" condition.
Est.
Qtv.
5 Exhibit A
Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A t D t) t.tR: f\?rsx t^^ PR()P()S.\1. 1.'OR P\\' r).1-15-25 T5-I BID SCHEDULE FOR SHELL GATE AND WILI,OW OUTFAI,I,S TO: CITY COI.JNCIL. CITY OF ALAMEDA, CALIFORNIA
The undersigned Bidder dcclares that Bidder has caretully cxamined the Prolc'ct Manual. and is satisfied as to the field conditions thc Bidder will encounter. The Bidder proposes to fllmish all materials, labor and equipment and to do all Work required to completc thc Work in accordance with the Project Manual, for the prices set lorth in the lollorvrng schedule (including all apphcable taxes):
Oescription
Est.
Qtv. Unit rot"/i."
1 I\,lOBILIZATION DEMOBILIZATION AND STORMWATER POLLUTION CONTROL 1 LS
2 PEDESTRIAN AND TRAFFIC CONTROL 1 LS
3 15" CIPP LINER 106 LF
4 18" CIPP LINER 188 LF
5 12" CIPP LINER 36 LF
6 OVERFLOW OUTLET STRUCIURE INSTALLATION 4 EA
7 MECHANICAL SHEETING ANO SHORING OF OVERFLOW OUTLETS
IRENCH T
/
B
ro
TIDE VALVE INSTALLATION B /E^
Entire Work. Bids are required fbr the entire Work, including th Itemati\ e bid items if any. The!'a amount olthe bid for the purposes of thc award will be thc total of tht'amount of all the base bid items- The City will determinc rvhich additional alternate(s). ilany. will be awarded. All items are based on an "in place" condition.
Item Drice and total. The Brdder shall sct lbrth for each unit basis item of Work an item pricc and a total fbr the item, and tbr each lump sum item a total ibr the item, all in clearly legible figures in the respective spaces provided fbr this purpose. In the case ofunit basis itetns, the amount set lbrth under the "total" column shall be the extension ofthe itcrn price bid on the basis ofthe estirnated quantity for the item-
Discrcrrancies. In the casc of discrepanc)' het\\ ccll thc itcnl pricc.rnd thc tot l sct tbnh li)r a unit basis itcrn, lhe itern pricc shall prevail. Howcver, if lhc amount sct fbrth as an item pricc ts ambiguous, unintelligible or uncertain tbr any cause, or is omitted. or is the same amount as the entry in the "total" colunrn, then the amount set forth in the "total" column tbr the item shall prevail and shall be divided by the estimated quanlily tbr lhc item and the price thus obtained shall be the item price.
Ouantities. The foregoing quantilies are approximate only, berng givcu as a basis lor the comparison ofbids. Thc City docs not. cxprcssly or by irnplication. agrcc thal the actual amount ll
Unit Price
INSTALL 2' BAND OF RIP.RAP AROUND INLET
Exhibit A
Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A BTDDER: APENA Engineering, lnc PROPOS,\1. FOR P\\r 0il-25-25 of Work r.vill correspond with the quantities, but resen'es the right to increase or decrease the amount olany class or podion ofthe Work, or to omit any portion(s) (this includes cornplete base bid items) of the Work, as thc Engineer deems necessary or advisable, at the contract price. Price negotiations on the contract prices are optional if the actual amount of Work is differeut from tlie above estimates by 25%o or greatcr.
15 Exhibit A
Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A z
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Exhibit A
Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A BIDDER: APENA Engineering, lnc
5.3 NOT USED
PROPOSAI_ FOR P\\' 0,t-25-2s
r7
Exhibit A
Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Bidder APENA Engineering, lnc l'roposal lbr PW NO. 0,1-25-15 5-4 NON-COLLUSIONDECLARATION
Title 23 United States Code soction I 12. and
PCC section 7106
The undersigncd dcclarcs
I anr rhe President
The bid is not made in the interest of'. or on behalf of, any undiscloscd person, partnership, company. association, organization. or coryoration. The bid is genuine and not collusive or sham.
The biddcr has not directly or indirectly induccd or solicited any other biddcr to put in a false or sham bid, The bidder has not directly or indirectly colluded, conspirecl, connived. or agreed with any bidder or anyone else to put in a sham bid. or to retl'ain fiorn bidding. The bidder has not in any manner, directly or indirectly, sought by agreement. communication. or confcrence rvith arlyone to fix the bid pnce of the bidder or any other bidder. or to fix any overhead, profit. or cost element of the brd pricc, or ofthat ofany othel biddcr. All statemenls contained in the bid are true.
The brdder has not, directly or indirectly, submrttcd tliis bid price or any brcakdown thereof, or thc contents thereof, or tlivulged inlbnnation or data relative thereto, to any corporation, partnership, compal'ly, association, organization. bid dcpository. or to any mcmbcr or agent thereoi to ef-fectuate a collusive or sham bid. and has not paid. and rvill not pay. any pcrson or entity for such pulpose.
Any person sxeculing this declaration on behalf of a bidder that is a corporation, parlnership, joint venture, lirnited liability cornpany. lirnitcd liability partnership, or any other entity, hereby represcnts that hc or she has tull porver to cxccute, and does exccutc. this declaration on bchalf of the bidder.
I declare under penalty of perjury undcr thc larvs of the State of Calfbrnia that the loregorng is true and correct and that this dcclaration is executed on February 3 , 2(26, at San Leandro (ciry), Califbrnia."
(Signa tive of Riddcr)o
18 ol APENA Engineering, lnc , thc pafi) making the loregoing brd.
Exhibit A
Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Biddrr APENA Engineering, lnc l'r0posal Ii)r P\\ \O.04-25-15 5-5 QUI]STIO\\AtRE r'O GENl.)i,\l- CO\TRACT'ORS
l. Bid dcpository or registry serviccs. Werc bid dcpository or rcgistry services ttsed in obtaining subcontractor bid tigures in order to compute your bid'? YES[ ] Notxl
Ifthe answer to No. I is "ycs," please tbrward a copy ofthc rules ofeach bid depository you used rvith this questionnaire.
2. Other source of subcontractors. f)id you have any source of subcontractor bids other than bid depositories'l
YES [ ] Notx
. Threats of boycott or other sanctions. Has any pcrson or group threatened you with subcontractor boycotts. union boycotls, or otlrer sanctions to atternpt to eonvince you to use the serices or abide by the rules of one or more bid depository'l YES[ ] Notxl
-)
If the answer to No. 4 is "yes," please explain the fbllowrng details a. Date:
b. Name ofperson or group:
c. Job involved t if applicable t:
d. Nature of threat:
e. Additional comments (use additional paper if necessary):
4. Disqualification or removal. IIave you. any officer of Bidder, or any cmployee who has a proprietary interest in Bidder ever becn disqualitied. rcmoved, or otherwise prevented fiom bidding on, or con, pleting a federal. state. or local govenrment project because of a violation oflaw or a safbty regulation? If so, explanr the circumstances. ( PCC S 10162.) YES[ ] Notxl
5. Federal court action. No more than oneflnal, un-appealable finding ofconternpt of courtby a federal court has been issued against the Bidder rvithin the imntediately preceding two-year period because of the conlractor's tirilure to corlply witlr an order of a tederal coufl which orders the contractor to comply with an order of tl,e National Labor Relations Board. (For purposes of this section. a tinding of contempt does not includc any tinding which has been vacated, dismisscd. or otherrvise removed by the court because the contractor has complied with the order rvhich was the basis tbr the linding.) (PCC f10232.) TRUE?X ]
l9
Exhibit A
Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Proposal for PW NO. 04-25-15
6. No convictions. Neither thc Bidder nor any proposed subcontractor (nor the partner. member, oflicer, dircctor, responsible managitlg of'ficer, or rcsponsible managing employee oI either of them) has been convicted of any of the follorvrng offcnscs: fraud. bribery. collusion, conspiracy. bid-rigging, price-flxing or any other act in violation of any state or federal antitrust or public conlption larv in connection rvith the bidding upon, award o1. or perfbnnance ot, any public works contract with any public entity. (PCC \102ti5.1.) rRUE'? tXl
7. Litigation. Please provide the following infonnation on all statc or federal Iitigalion in which Bidder or any proposed subcontractor rvas a named pafiy:
a. Casc name
b. Case location (including county and state tbr state litigation, or district for f'ederal litigation) c. Year case was filed
d. Whether case is ending or resolved
Please retunr tl.ris rh bid proposal
riaae, APENA E[grneerlrc, lnc
SIGNED:
20 Exhibit A
Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Bidder APENA Engineering, lnc Proposal fbr P\\' NO. 0,1-25-15 5-6 BIDDER'S STATENIENT OF FINANCIAL RESPONSIBILITY TECHNICAL
ABII,ITY AND EXPERIENCE
The Bidder is required to state what work of a sirnilar character 10 that included in the proposed contract the Bidder has successfully performed and give reference which rvill cnablc thc City Council to judge his responsibility, experience skill, and business standing.
The Bidder shall have at leasl three years of experiencc as a licclrscd Contractor and shall submit lvith the bid a list ofthree sirrilar installations in the [3ay Area installcd during the last five years.
The Bidder shall submit r.vith the bid proposal a statcincnt of thc work of a similar size and character to that included in the proposed contract which thc Bidder has successfirlly performed.
Agency for Whom
Work Was Done
Contact Narnc r'r,/
Phonc #
Proicct Corrpletion
Date
Contract
Price
Hayward Unified
School District
Sonya Perkins,
sonya@trigroup. us,
408-77 5-7 501
Lorin Eden Elementary School
Demo, Utilities, & Sitework 08/2024 $561.000
Napa Sanitation
District
Michael Fitch
707-258-6030
tvlanhole Adjustments 06t2025 $209,100
Cristian IVIendoza
650-766-0614
Lot C & C.1
ADA lmprovements/
Resurfacing/
and Utility adjustments
08t2025 $631,000
Mountain View
Whisman
School District Sub to
Rodan Builders
Cristian l\4endoza
650-766-0614
|\4VWSD Sitework for
Park Restrooms
at Various Sites
lnstallation of Site Utilities
02t2425 $ 185,000
S IGN F,D
]I
Cal State East bay
Subcontractor to
Rodan Builders
Exhibit A
Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Bidder APENA Engineering Proposal for PW NO. 04-25-15
5-7 BIDDER'S BOND
We: APENA Engineering as Principal,
and The Ohio Casualty lnsurance Company as Surety, are
bound to the City of Alameda in the penal sum often percent (10%) ofthe total amount ofthe bid of the Principal, for the payment in United States dollars, to be made to the City of Alameda. We bind ourselves, our heirs, executors, administrators and successors, jointly and severally, by this Bidder's Bond. In no case shall the liability of the surety under this bond exceed $10% ofthe total amount bid Bid: This bond is based on the fact that the Principal has submitted a bid to the City of Alameda for certain construction specitically described as Shell Gate and Willow Outfalls
The bids are to be opened at City Hall west, Alameda, Californ iu o, (cVtua-c\ 3 ,202+J
NOW, THEREFORE,
a) Ifthe bid is rejected or awarded to another bidder, then this obligation is void. b) If the Principal is awarded the contract and, within the time and manner required under the Contract Documents enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, then this obligation shall be void; otherwise, it remains in effect.
c) The Surety agces that its obligations and those ofthe bond shall not bc impaired or affected by any extension of the time rvithin rvhich the City of Alameda may accept the bid; and the Surety here waives notice of any such extension.
d) If the City brings suit on this bond, the surety shall pay reasonable attomey's fees and costs incurred by the City, in addition to the bond amount.
Signatures. We have executed this Bidder's Bond (and seals) on January 28 2026 ENA en ng The Ohio Casua lns Company
(SEAL) (SEAL)
(SEAL)
? rzr;dc,^-r-
207 Oakes Blvd 1990 North California Boulevard, Suite #620 Walnut Creek, California 94596San Leandro cA 94577
PzuNCIPAL ADDRESS SURETY ADDRESS
NOTE: Signatures ofthose executing for the surety must be properly acknowledged. ).2
BradBahl,Attorney-in-Fact (SEAL)
Exhibit A
Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A CALIFORNIA ACXNOWLEDGMENT CIVIL CODE S 1149
A notary public or other officer completing this certilicate verifies only the identity of the individual u/ho signed the document to which this certilicate is attached, and not the truthfulness, accuracy. or validity of that document.
State of California
County of Contra Costa
On LV LaZ before me, M.A. Atwater, Notary Public
Dote Here lnsed Nome ond Title of the Officer
personally appeared Brad Bahl
Name(s) of Signe4s)
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.
II, A. ATWATER
Notary Public - c.llfo.ni.
Contra Co3ta County
Comliislion ; 25174t6
t
I certify under PENALTY OF PERJURY under the
Iaws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and ofllcial seal.
lly Cor,lrn. Expiret l,{ay 14, 2029
Mdfr*,Signature
Ploce Notory Seol ond/ot Stomp Above Signoture of Notory Public
OPTIONAL
Completing this informotion con deter olterotion of the document or froudulent rcottochment of this form to on unintended document.
Description of Attached oocument
Title or Type of Document
Document Date Number of Pages
Signe(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name Signer's Name
E Corporate Officer Title(s) o Corporate Offlcer - Title{s) D Partner - tr Limited tr General
o lndividual tr Attorney in Fact
D Trustee tr Guardian or Conservator
tr Partner - tr Limited E General
tr lndividual tr Attorney in Fact
o Trustee o Guardian oI Conservator
D Other: tr Other:
Signer is Representing Signer is Representing
O2O'19 National Notary Association
Exhibit A
Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Libertv
Mutudl
This Power of Attomey limits the acts ofthose named herein, and they have no authority to bindthe Company except in the mannerand tothe extent herein stated.
Liberty Mutual lnsurance Company
The Ohio Casualty lnsurance Company
West American lnsurance Company
POWER OF ATTORNEY
Certfi c€te No: 8206758-971 892
SURETY
KNoWN ALL PERSONS BY THESE PRESENTS: That The ohio Casualty lnsLrrance Company is a coeoration duly organized under the laws of the State ol New Hampshte, that under lhe laws of lh
Dennrs A. Sew€ll
State ol lndiana (herein colleciively called the 'Companies'), pursuant to and by auhority herein set forh, does hereby name, constitute and appoint Brad Bat , Gordon J fischert Sam Totab
all of he city of $ alnut Creek each individually if frere be more han one named, its tue and lawful allo.ney.in-fact to make, exeorle, seal, aclnolviedge and deliver, for and on its behalfas surety and as its acl and deed. any and all undertakjngs, bonds, rccognizances and olher surety obligalions in puBuance of lhese presents and shall be as binding upon tre Compafies as jf they have been duly signed by he president and attested by he secretary of lhe Co.npanies i0 lheir orvn propea pe$ons.
lN llllTNESS IVHEREOF, $is Poser of Atlorney has been subscribed by an autrorized offcer o. offcial of he Companies and lhe corporate seals ol lfle Companies have been affxed lhereto his 5th day oI Novemb€r , 2021
Liberty Mutual lnsurance Company
The ohio Casually lnsurance Company
West Amerjcan lnsumnce Company
By
David [4. Carey, Assistant S€qetary
stale oi CA
0n tlis sfi day ol Novcmbcr , 202 I befo.e me pelsonally appeared David M Carey, who acinowledged himsell to be he Assislant Secretary of Llberty Mutlal lnsurance Company, The ohio Casualty Company, and West Arneican lnsurance Company, and thal he, as such being authorized so to do, exeolle lhe foregoing instrument fo. tre purposes therein conlained by signing oa behalf of the corporalions by himself as a duly autlonzed officer. lN IVITNESS WHEREOF, I have hereunto subscribed my name and affixed my nolarialsealat King ofPrussia, Pennsylvania on he dayand year frsl above writlen Cmi]orchh ot PennsYvanla - Nota,y Sel
L€sd P6i.lla, Nolsry Publb
MonEome,y C@nty
My .mmi$ion elpn6 [ra,ch 2S, 2025
Cofr mision number 11260i,1
/-f//.By
Pastella, Notary Public
This Power of Allomey is made and execrled pursuant to and by aulhority of he following Bylaws and Authorizations of The Ohio Casually lnsurance Company, Liberty Mutual lnsurance Cofipany, and Wesl American lnsumnce Company which resolutions are norv in fullforce and eflect reading as follows:
ARTICLE lV - oFFICERS: Section 12. Power ol Attorney.
Any officer or olher offcial of the Corporalion authorized for that purpose in Mjtjng by lhe Chainnan or he Presldent, and subjecl to such limitalion as the Chairman or he have lull pov/er lo bind lhe Corporaton by their sgnafure and exeqrtion of any such inshrments and lo attadr thereto the seal of the Corporatjon. llhen so executed, such instruments shall be as binding as if signed by the President and attesied to by the Secretary. Any power or authorily granled to any representalive oa allomeyin-fuct under lhe provisions ofhis artide may be revoked atanylimebytre 8oad,lhe Chairman, he President or bylhe officer or officers granting such Fower or authority.
ARTICLE Xlll - Execution of Contrac'ts: Section 5 Surety Bonds and Undertakinqs. shall appoint such allomeys-in{acl, as may be neces$ry to acl in behall of the Company to make, exeflle, seal, acknov/ledge and deiiver as surety any and all undertakings, Company by lheir signafure and exeortion of any such inshuments and to attach thereto the seal of the Company. Vvhen so exeoried such instuments shall be as binding as if signed by the president and attested by he seqetary.
obligalions.
lhe same force and effecl as though manually afixed.
I, Renee C. Lleweliyn, the undersigned, Assistant Secretary, The ohio Casualty lnsumnce Company, Libedy l\rutual lnsurance Company, and West American lnsurance Company do has not been revoked.
lN TESTIMONY WHEREoF, I have hereunto set my hand and afixed the seals of said Companies lhis 28rh dayof Janua.! ,2016 19191912
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1912
lNSirr
1919 1991u
\N si./,
Renee C. Llewellyn,
Slate of PENNSYLVANIA
County of I,4ONTGO|!4ERY
LMS-12373 LMIC OCICWAIC Mur Co 02/21
By:
Exhibit A
Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Bidder APENA Engineering. lnc Proposal lbr P\lr NO. 04-25-15 5-8 BIDDER'S REQUEST FOR NI.A.'IERIAI, SUBSTITUTION
Thc Biddcr has l5 calcndar days after award of the contract for submission ofdata substantiating a request fbr a substitution ol"an equal" item(s). (See Bid Documents, Section 3-5.) A requcst for a substitution ol material must be identified on this sheet and submittcd as pafi of thc Bid Proposal. lfno material substation rcqucsts. lcave thc table blank, sign the fonn and submit with bid.
The Bidder here submits a list of substitute rnaterial for consideration as "an cclual" Trade Narrre'Model or Catalog Number
as Specified in Special Provisions
Substitutc Tladc Name,/Model
or Clatalog Nurrber
Signed:
2-l
Exhibit A
Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Biddcr APENA Engineering. lnc Prop(,\irl lbr- P\\ \(). (l,l-25-l 5 5-9 (;UARA\TE,E
cn Y oF.{t..\}u._D,\
A. The Bidder guarantees the construction and installation all ofthe Work included in this Project B. If within 12 months after the City accepts the Work under the Contract:
(a) any ofthe materials or equipment prove defective: or (b) the Work as a rvhole proves del'ective due to thulty rvorkmanship, material fumished or methods of installation: or
(c) the Work or any part of it fails to operate properly as originally interrded and in accordance with the Contract Documentsl
the Bidder/Contractor agrees to lhe following:
l . to reimburse the City. upon demand. fbr its expenses incurred in restoring the Work to the condition contemplated in the Project. including the cosl of any equipment or materials replaced and the cost of removing and replacrng any other Work necessary to rnake the replacernent or rcpairs: or
2. upon demand by the City, to replace any such material and to repair the Work completely without cost to the City so that the Work will function successfully as originally contemplated.
C. The City has the unqualilicd option to makc any needed replacements or repairs itself or to have those replacements or repairs done by the Biddcricontractor. If the City chooses to have thc Work perfbnncd by the l3idder/Contractor, the BidderiContractor agrees that the BidderrContractor rvill rnake the repairs and furnish the matcrials as are trecessary, within a rcasonable time atter City's dcmand, lf Bidder/('ontractor tlils or refuses to comply $'i1h the Bidder,'Contractor's obligations under this gualartty. the ('ity is entitlcd to all costs and expcnsesj including attorncys' f'ees. reasonably incurred by reason ofthat failure or refusal.
APENA Engineering, lnc 02t03t2026
Biddcr/Contractor f)al c
Exhibit A
Docusign Envelope ID: 72728026-88EE-47A3-B175-4C343DD44007 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
2/11/2026
R. C. Fischer & Co.
P.O. Box 8101
Walnut Creek CA 94596
Jenirae Hitosis
925-627-5458
925-932-0962
[email protected]
License#: 0142335
Wesco Insurance Company
25011
APENCON-01
California Automobile Insurance Company
38342
APENA Engineering
207 Oakes Blvd
San Leandro CA 94577
Colony Insurance Company
39993
National Specialty Insurance Company
22608
Scottsdale Insurance Company
41297
241764667
C
X
1,000,000
X
100,000
X
SIR $0
5,000
1,000,000
2,000,000
X
Y
Y
600GL022065200
11/12/2025
11/12/2026
2,000,000
B
1,000,000
X
X
X
Y
BA040000093880
5/28/2025
5/28/2026
E
X
2,000,000
X
CXS4071551
12/5/2025
11/12/2026
2,000,000
X
0 A
X
Y
WWC3815722
11/20/2025
11/20/2026
1,000,000
1,000,000
1,000,000
D
POLLUTION
PROFESSIONAL LIABILITY
SF25ECPU00668NC
12/5/2025
12/5/2026
EACH INCIDENT / AGG
EACH INCIDENT / AGG
$1M / $1M
$1M / $1M
RE: Job #260- Shell Gate and Willow Outfalls
The City of Alameda, its City Council, boards, commissions, officials, employees, agents and volunteers are named as additional insureds per CG20101219 & MCA20480711. Insurance is primary per CG20011219. Waiver of subrogation applies per CG24041219 & WC0403060484.
City of Alameda Public Works
950 W Mall Square
Alameda, CA 94501
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A 3/4/2026
POLICY NUMBER: BA040000093880
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 POLICY NUMBER: 600 GL 0220652-00 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Any person or organization required to be included as
an Additional Insured on this policy pursuant to written contract with the Named Insured, that is fully executed prior to the commencement of the work that is called
for in the contract. Where no coverage under this policy shall apply for the Named Insured, no coverage or
defense shall be afforded to the Additional Insured.
All locations as required by written contract with the
Named Insured.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
600 GL 0220652-00
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
600 GL 0220652-00
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1
PRIMARY AND NONCONTRIBUTORY –
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional ins ured under your policy provided
that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
600 GL 0220652-00
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: 600 GL 0220652-00 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
SCHEDULE
Name Of Person(s) Or Organization(s):
Any person or organization required to be included as an Additional Insured on this policy pursuant to written contract with the Named Insured, that is fully executed prior to the commencement of the work that is called for in the contract. Where no coverage under this policy shall apply for the Named Insured, no coverage or defense shall be afforded to the Additional Insured.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:
We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organization(s) shown in the Schedule above.
600 GL 0220652-00
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84)
Schedule
Person or Organization Job Description
Any person or organization as required by written contract.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 11/20/2025 Policy No. WWC3815722 Endorsement No. 0 Insured APENA CONSTRUCTION INC Premium $ 8,490
Insurance Company Wesco Insurance Company
Countersigned by
WC 04 03 06
(Ed. 04-84)
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A NOTS0623CA (1-20) Page 1 of 2
Scottsdale Insurance Company
IMPORTANT NOTICE TO CALIFORNIA INSURED
(D-2)
1. The insurance policy that you have purchased is being issued by an insurer that is not licensed by the State of California. These companies are called “nonadmitted” or “surplus line” insurers.
2. The insurer is not subject to the financial solvency regulation and enforcement that apply to California licensed insurers.
3. The insurer does not participate in any of the insurance guarantee funds created by California law. Therefore, these funds will not pay your claims or protect your assets if the insurer becomes insolvent and is unable to make payments as promised.
4. The insurer should be licensed either as a foreign insurer in another state in the United States or as a non-United States (alien) insurer. You should ask questions of your insurance agent, broker, or “surplus line” broker or contact the
California Department of Insurance at the toll-free tele- phone number 1-800-927-4357 or internet website:
www.insurance.ca.gov. Ask whether or not the insurer is licensed as a foreign or non-United States (alien) insurer and for additional information about the insurer. You may also visit the NAIC’s internet website at www.naic.org.
The NAIC—the National Association of Insurance Commis-
sioners—is the regulatory support organization created
and governed by the chief insurance regulators in the
United States.
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A NOTS0623CA (1-20) Page 2 of 2
5. Foreign insurers should be licensed by a state in the United States and you may contact that state’s department of insurance to obtain more information about that insurer.
You can find a link to each state from this NAIC internet website: https://naic.org/state_web_map.htm.
6. For non-United States (alien) insurers, the insurer should be licensed by a country outside of the United States and
should be on the NAIC’s International Insurers Department (IID) listing of approved nonadmitted non-United States in- surers. Ask your agent, broker, or “surplus line” broker to obtain more information about that insurer.
7. California maintains a “List of Approved Surplus Line Insur- ers (LASLI).” Ask your agent or broker if the insurer is on that list, or view that list at the internet website of the California Department of Insurance: www.insurance.ca.
gov/01-consumers/120-company/07-lasli/lasli.cfm.
8. If you, as the applicant, required that the insurance policy you have purchased be effective immediately, either be- cause existing coverage was going to lapse within two busi- ness days or because you were required to have coverage within two business days, and you did not receive this dis- closure form and a request for your signature until after coverage became effective, you have the right to cancel this policy within five days of receiving this disclosure. If you cancel coverage, the premium will be prorated and any bro- ker’s fee charged for this insurance will be returned to you.
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A NOTX0146CW (07-21) Page 1 of 1
Scottsdale Insurance Company
National Casualty Company
Scottsdale Indemnity Company
Scottsdale Surplus Lines Insurance Company
NOTICE TO POLICYHOLDERS
RESTRICTIONS OF COVERAGE
This notice has been prepared in conjunction with the implementation of changes to your policy on the following forms. It contains a brief synopsis of any significant restrictions and clarifications of coverage that were made in each policy form and endorsement.
Please read your policy, and the endorsements attached to your policy, carefully.
CU 21 27—Fungi or Bacteria Exclusion (Commercial Liability Umbrella) When this endorsement is attached to your policy:
Coverage is restricted to exclude bodily injury or property damage arising, directly or indirectly, out of any fungi, including, but not limited to, mold or bacteria on or in a building or structure. This exclusion applies whether or not any other cause, event, material or product contributed in any sequence to the injury or damage.
Coverage is clarified to exclude personal and advertising injury arising, directly or indirectly, out of any fungi, including, but not limited to, mold or bacteria on or in a building or structure. This exclusion applies whether or not any other cause, event, material or product contributed in any sequence to the injury or damage.
Coverage is restricted to exclude clean-up costs associated with fungi or bacteria.
The exclusion does not apply to fungi or bacteria intended for consumption, such as mushrooms.
CX 21 13—Fungi or Bacteria Exclusion (Excess Liability) When this endorsement is attached to your policy:
Coverage is restricted to exclude injury or damages arising, directly or indirectly, out of any fungi, in- cluding, but not limited to , mold or bacteria on or in a bui lding or structure. This exclusion applies whether or not any other cause, event, material or product contributed in any sequence to the injury or damage.
Coverage is restricted to exclude clean-up costs associated with fungi or bacteria.
The exclusion does not apply to fungi or bacteria intended for consumption, such as mushrooms.
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A NOTX0178CW (3-16)
Scottsdale Insurance Company
National Casualty Company
Scottsdale Indemnity Company
Scottsdale Surplus Lines Insurance Company
CLAIM REPORTING INFORMATION
Your insurance policy has been placed with a Nationwide® insurance company.
Our commitment to you is to provide fast, fair claim service. Promptly reporting an event that could lead to a claim, as required by your policy, helps us fulfill this commitment to you. Please refer to your policy for this and all other terms and conditions.
To report a claim, you may contact us 24 hours a day, 7 days a week, by calling 1-800-423-7675 or via our website at www.nationwideexcessandsurplus.com.
Thank you for your business and as always, we appreciate the opportunity to serve you.
HOW TO REPORT A CLAIM
Call 1-800-423-7675 or visit our website at www.nationwideexcessandsurplus.com.
In order to expedite this process, please be prepared to furnish as much of the following information as possible:
Your policy number
Date, time and location of the loss/accident
Details of the loss/accident
Name, address and phone number of any involved parties If applicable, name of law enforcement agency or fire department along with the incident number Please refer to your policy for specific claim reporting requirements.
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A NOTX0650CW (03-24) Page 1 of 3
National Casualty Company
Scottsdale Indemnity Company
Scottsdale Insurance Company
Scottsdale Surplus Lines Insurance Company
Harleysville Insurance Company of New York
NOTICE—FRAUD WARNINGS
FRAUD WARNING: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false infor- mation or conceals for the purpose of misleading, information concerning any fact material thereto com- mits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. (Not applicable in AL, AR, CA, CO, DC, FL, KS, KY, LA, ME, MD, MN, NE, NJ, NY, OH, OK, OR, PR, RI, TN, VA, VT, or WA.)
NOTICE TO ALABAMA APPLICANTS: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or who knowingly presents false information in an application for insur- ance is guilty of a crime and may be subject to restitution fines or confinement in prison, or any combina- tion thereof.
NOTICE TO CALIFORNIA APPLICANTS. For your protection California law requires the following to appear on this form: Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.
NOTICE TO COLORADO APPLICANTS: It is unlawful to knowingly provide false, incomplete, or mis- leading facts or information to an insurance company for the purpose of defrauding or attempting to de- fraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages.
Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policy holder or claimant for the purpose of defrauding or attempting to defraud the policy holder or claimant with regard to a settlement or award payable from insurance pro- ceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agen- cies.
WARNING TO DISTRICT OF COLUMBIA APPLICANTS: It is a crime to provide false or misleading in- formation to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materi- ally related to a claim was provided by the applicant.
NOTICE TO FLORIDA APPLICANTS: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or mis- leading information is guilty of a felony of the third degree.
NOTICE TO KANSAS APPLICANTS: Any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written, electronic, electronic impulse, facsimile, mag- netic, oral, or telephonic communication or statement as part of, or in support of, an application for the is- suance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or con- ceals, for the purpose of misleading, information concerning any fact material thereto, commits a fraudu- lent insurance act, which is a crime and subjects such person to criminal and civil penalties.
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A NOTX0650CW (03-24) Page 2 of 3
NOTICE TO KENTUCKY APPLICANTS: Any person who knowingly and with intent to defraud any insur- ance company or other person files an application for insurance containing any materially false infor- mation or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime.
NOTICE TO MAINE APPLICANTS: It is a crime to knowingly provide false, incomplete or misleading in- formation to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or a denial of insurance benefits.
NOTICE TO MARYLAND APPLICANTS: Any person who knowingly or willfully presents a false or fraud- ulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
NOTICE TO MINNESOTA APPLICANTS: A person who files a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime.
NOTICE TO NEW JERSEY APPLICANTS: Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties.
NOTICE TO OHIO APPLICANTS: Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive state- ment is guilty of insurance fraud.
NOTICE TO OKLAHOMA APPLICANTS: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, in- complete or misleading information is guilty of a felony.
NOTICE TO OREGON APPLICANTS: Any person who intentionally presents a materially false statement in an application for insurance may be guilty of fraud and subject to penalties under state law.
NOTICE TO PUERTO RICO APPLICANTS: Any person who knowingly and with the intention of defraud- ing presents false information in an insurance application, or presents, helps, or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit, or presents more than one claim for the same damage or loss, shall incur a felony and, upon conviction, shall be sanctioned for each violation by a fine of not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000), or a fixed term of imprisonment for three (3) years, or both penalties. Should aggravating cir- cumstances be present, the penalty thus established may be increased to a maximum of five (5) years, if extenuating circumstances are present, it may be reduced to a minimum of two (2) years.
FRAUD WARNING (APPLICABLE IN ARKANSAS, LOUISIANA AND RHODE ISLAND): Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and con- finement in prison.
FRAUD WARNING (APPLICABLE IN VERMONT AND NEBRASKA): Any person who intentionally pre- sents a materially false statement in an application for insurance may be guilty of a criminal offense and subject to penalties under state law.
FRAUD WARNING (APPLICABLE IN TENNESSEE, VIRGINIA AND WASHINGTON): It is a crime to knowingly provide false, incomplete, or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines, and denial of insurance benefits.
NEW YORK OTHER THAN AUTOMOBILE FRAUD WARNING: Any person who knowingly and with in- tent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and shall also Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A NOTX0650CW (03-24) Page 3 of 3
be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation.
NEW YORK AUTOMOBILE FRAUD WARNING: Any person who knowingly and with intent to defraud any insurance company or other person files an application for commercial insurance or a statement of claim for any commercial or personal insurance benefits containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, and any person who, in connection with such application or claim, knowingly makes or knowingly assists, abets, solicits or conspires with another to make a false report of the theft, destruction, damage or conversion of any motor vehicle to a law enforcement agency, the department of motor vehicles or an insurance company, com- mits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the value of the subject motor vehicle or stated claim for each violation.
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A UTS-COVPG (03-21) Page 1 of 1
Underwritten by: Scottsdale Insurance Company
Home Office: One Nationwide Plaza • Columbus, Ohio 43215 Administrative Office: 18700 North Hayden Road • Scottsdale, Arizona 85255 1-800-423-7675 • A Stock Company
In Witness Whereof, the Company has caused this policy to be executed and attested.
Secretary President
The information contained herein replaces any similar information contained elsewhere in the policy.
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A NEW Policy Number CXS4071551
APENA ENGINEERING207 OAKES BLVDSAN LEANDRO CA 94577
MJ HALL & COMPANY INSURANCE BROKERS3270 SILVERADO TRLNAPA CA 94558-1424Agent No.:040AOProgram No.:AHITEM 2. POLICY PERIODFrom: 12/05/2025To:11/12/2026 X
XInreturnforthepaymentofthepremium,andsubjecttoallthetermsofthispolicy,weagreetoprovideyouwiththeinsurance as stated in this policy.ITEM 3.THE NAMED INSURED IS: q Individual q Partnership q Corporation q Joint Venture q OtherITEM 4.LIMIT(S) OF INSURANCE:A. Each Occurrence.................................................................................$ 2,000,000B. Aggregate............................................................................................$ 2,000,000ITEM 5.SCHEDULE OF CONTROLLING UNDERLYING INSURANCE:See Schedule of Controlling Underlying InsuranceITEM 6.PREMIUM COMPUTATION:q Flat Premium: $ 9,407.00qSubject to Adjustment:Estimated Deposit Premium ................................................................$ NOT APPLICABLEEstimated Exposure Base: Rate: Per:Policy Minimum Premium....................................................................$Audit Period: q Annually qOther:TOTAL TAXES AND FEES299.14POLICY TOTAL9,706.14 CHRISTOPHER GARRISON12/15/2025AN
POLICY BANNER PAGE
POLICY FORMS ARE COMPLETE
POLICY NUMBER:INSURED:CL042300423STANFORD BUSINESS PARK ASSOCIATES M.J. Hall & Company, Inc
SURPLUS LINE BROKERS CORRESPONDENTS: LLOYDS OF LONDON
GENERAL AGENTS
Policy Issuance
November 13, 2006
Policy Issuance
MJ Hall and Company-Stockton
RE: CREATIVE OUTDOOR ENVIRONMENT & DESIGN, INC.
Policy No.: GL3320249
Term: 11/14/06 to 11/14/07
Dear Policy:
This is: ___ New _XX_ Renewal If renewal, prior # is: MP3320055 Type of policy (enter type such as Auto, CGL, PKG, etc): PKG Third parties to be shown on policy: __ Yes _XX_ No
__ Add'l Ins'ds ___ Mortgagee ___ Loss Payee ___ Other (describe):
If add'l ins'd then show form # & ed date for each such add'l ins'd:
Inspection ordered: ___ Yes _XX_No If yes, what date:
Responsible Broker/Underwriter: Delia Fabricante
Thank you!
Regards,
Patrick Flores
Broker's Assistant
[email protected]
5950 Canoga Avenue, Suite 530, Woodland Hills, CA 91367 Telephone (818) 888-9828 * Fax 818 888 9668
Calif Lic # 0488901
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A SCHEDULE OF TAXES, SURCHARGES OR FEESPolicy No. CXS4071551Effective Date: 12/05/202512:01 A.M., Standard TimeNamed InsuredAPENA ENGINEERINGAgent No. 040AO UTS-126L 10-93
SURPLUS LINES TAX282.21STAMP FEE 16.93TOTAL TAXES, SURCHARGES OR FEES:299.14 Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A SCHEDULE OF FORMS AND ENDORSEMENTSPolicy No.CXS4071551Effective Date12/05/202512:01 A.M. Standard TimeNamed InsuredAPENA ENGINEERINGAgent No.040AO NOTS0623CA01-20NOTICE TO CALIFORNIA INSURED (D-2)NOTX0146CW07-21NOTICE TO POLICYHOLDERS RESTRICTIONS OF COVERAGENOTX0178CW03-16CLAIM REPORTING INFORMATIONNOTX0423CW12-20POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCECOVERAGENOTX0650CW03-24NOTICE-FRAUD WARNINGSUTS-COVPG03-21COVER PAGEXLS-D-107-22COMMERCIAL EXCESS LIABILITY POLICY DECLARATIONSUTS-126L10-93SCHEDULE OF TAXES, SURCHARGES OR FEESUTS-SP-212-95SCHEDULE OF FORMS AND ENDORSEMENTSXLS-SP-1-031901-21COMMERCIAL EXCESS LIABILITY SCHEDULE OF CONTROLLINGUNDERLYING INSURANCECX 00 0104-13COMMERCIAL EXCESS LIABILITY COVERAGE FORMCX 21 0204-13TOTAL POLLUTION EXCLUSIONCX 21 1304-13EXCLUSION - FUNGI OR BACTERIACX 21 3301-15EXCLUSION OF CERTIFIED ACTS OF TERRORISMCX 21 4312-23EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL ORPERSONAL MATERIAL OR INFORMATIONCX 21 7106-15EXCLUSION UNMANNED AIRCRAFTCX 21 7712-19EXCLUSION – ALL HAZARDS IN CONNECTION WITH AN ELECTRONICSMOKING DEVICE, ITS VAPOR, COMPONENT PARTS, EQUIPMENT ANDACCESSORIESCX 21 8012-20CANNABIS EXCLUSION WITH HEMP EXCEPTIONUTS-331s-CA03-05REGISTERED DOMESTIC PARTNER-CALIFORNIAUTS-49606-19MINIMUM EARNED CANCELLATION PREMIUMUTS-57604-21INJURY TO EMPLOYEE AND WORKER EXCLUSIONUTS-59312-21LIMITED RESIDENTIAL CONSTRUCTION OPERATIONS EXCLUSIONUTS-61107-22EXCLUSION-BIOMETRIC INFORMATIONUTS-63203-23EXCLUSION-DESIGNATED CHEMICALS, COMPOUNDS, ENERGY,MATERIAL OR SUBSTANCESUTS-64106-23CONTINUING OR ONGOING DAMAGE EXCLUSIONUTS-74g08-95PUNITIVE OR EXEMPLARY DAMAGE EXCLUSIONUTS-9g06-22SERVICE OF SUIT CLAUSE Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A SCHEDULE OF FORMS AND ENDORSEMENTSPolicy No.CXS4071551Effective Date12/05/202512:01 A.M. Standard TimeNamed InsuredAPENA ENGINEERINGAgent No.040AO XLS-027005-15CARE, CUSTODY OR CONTROL EXCLUSIONXLS-038105-15CROSS LIABILITY EXCLUSION (NAMED INSURED)XLS-043211-08DESIGNATED WORK EXCLUSION - EXTERIOR INSULATION AND FINISHSYSTEMSXLS-052011-08EMPLOYMENT-RELATED PRACTICES EXCLUSIONXLS-053005-15EMPLOYEES RETIREMENT INCOME SECURITY ACT EXCLUSION(E.R.I.S.A.)XLS-079511-08KNOWN INJURY OR DAMAGE EXCLUSIONXLS-092511-08NONOWNED AUTO AND HIRED AUTO LIABILITY EXCLUSIONXLS-116011-08PROFESSIONAL LIABILITY EXCLUSIONXLS-137011-08EARTH OR LAND MOVEMENT EXCLUSIONXLS-150211-08WAR LIABILITY EXCLUSIONXLS-231811-08VIOLATION OF STATUTES THAT GOVERN E-MAILS, FAX, PHONECALLS OR OTHER METHODS OF SENDING MATERIAL OR INFORMATIONEXCLUSIONXLS-232202-24UNDERLYING SUBLIMIT COVERAGE EXCLUSIONXLS-234707-09EXCLUSION - DESIGNATED OPERATIONS COVERED BY ACONSOLIDATED (WRAP-UP) INSURANCE PROGRAMXLS-237612-12HYDRAULIC FRACTURING EXCLUSIONXLS-238304-13LIMITS ENDORSEMENTXLS-263703-22NEW YORK CONTRACTING OPERATIONS EXCLUSIONXLS-263803-22EXCLUSION-SNOW REMOVAL, ICE REMOVAL OR PLOWING OPERATIONSXLS-264203-22EXCLUSION-WORK IN THE STATE OF NEW YORKXLS-266106-22PFC/PFAS EXCLUSIONXLS-270401-24UNDERGROUND UTILITY ENDORSEMENT Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Policy No.: CXS4071551Effective Date:12/05/202512:01 A.M. Standard TimeNamed Insured: APENA ENGINEERINGAgent No.: 040AOINSURER, POLICY NUMBERAND POLICY PERIODTYPE OF COVERAGEAPPLICABLE LIMITSGeneral Liability$1,000,000Each OccurrenceInsurer’s Name $1,000,000Personal and Colony Insurance CompanyAdvertising Injury$2,000,000General AggregatePolicy Number600 GL 0220652-00(other than products/completed operations)*Per PolicyPolicy Period $2,000,000Products/Completed11/12/2025to11/12/2026 Operations Aggregate*General Aggregate AppliesX Occurrence Claims-MadeCommercial Auto LiabilityBodily Injury and Property Damage LimitInsurer’s Name $1,000,000Each AccidentCalifornia Automobile Insurance CompanyPolicy NumberBA040000093880Policy Period05/28/2025to05/28/2026Auto Dealers Liability$ Covered Autos Liability Insurer’s Name Each Accident$ General Liability Bodily Policy Number Injury And PropertyDamage Liability EachAccidentPolicy Period $ Personal and Advertising to Injury Any One Person orOrganization$ Products and Work You Performed Aggregate$ General Liability Aggregate$ Acts, Errors or Omissions Liability Aggregate
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Policy No.: CXS4071551Effective Date:12/05/202512:01 A.M. Standard TimeNamed Insured: APENA ENGINEERINGAgent No.: 040AOINSURER, POLICY NUMBERAND POLICY PERIODTYPE OF COVERAGEAPPLICABLE LIMITSEmployer’s LiabilityBodily Injury LimitInsurer’s Name $1,000,000Each AccidentWesco Insurance Company(by accident)**Policy Number $1,000,000Policy Limit WWC3746213 (by disease)**Policy Period $1,000,000Each Employee 11/20/2025to11/20/2026 (by disease)**** or unlimited in states where benefits areunlimited.
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
COMMERCIAL EXCESS LIABILITY
CX 00 01 04 13
CX 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 5
COMMERCIAL EXCESS LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage.
Read the entire policy carefully to determine rights,
duties and what is and is not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and
any other person or organization qualifying as a
Named Insured under this policy. The words "we", "us"
and "our" refer to the company providing this
insurance. The word "insured" means any person or
organization qualifying as such under the "controlling
underlying insurance".
Other words and phrases that appear in quotation
marks in this Coverage Part have special meaning.
Refer to Section IV – Definitions. Other words and
phrases that are not defined under this Coverage Part
but defined in the "controlling underlying insurance" will have the meaning described in the policy of "controlling underlying insurance".
The insurance provided under this Coverage Part will
follow the same provisions, exclusions and limitations
that are contained in the applicable "controlling
underlying insurance", unless otherwise directed by
this insurance. To the extent such provisions differ or conflict, the provisions of this Coverage Part will apply.
However, the coverage provided under this Coverage
Part will not be broader than that provided by the
applicable "controlling underlying insurance".
There may be more than one "controlling underlying
insurance" listed in the Declarations and provisions in those policies conflict, and which are not superseded
by the provisions of this Coverage Part. In such a case, the provisions, exclusions and limitations of the
"controlling underlying insurance" applicable to the
particular "event" for which a claim is made or suit is brought will apply.
SECTION I – COVERAGES
1. Insuring Agreement
a. We will pay on behalf of the insured the "ultimate
net loss" in excess of the "retained limit"
because of "injury or damage" to which
insurance provided under this Coverage Part
applies.
We will have the right and duty to defend the
insured against any suit seeking damages for
such "injury or damage" when the applicable
limits of "controlling underlying insurance" have
been exhausted in accordance with the
provisions of such "controlling underlying
insurance".
When we have no duty to defend, we will have
the right to defend, or to participate in the
defense of, the insured against any other suit
seeking damages for "injury or damage".
However, we will have no duty to defend the
insured against any suit seeking damages for
which insurance under this policy does not
apply.
At our discretion, we may investigate any
"event" that may involve this insurance and
settle any resultant claim or suit, for which we
have the duty to defend.
But:
(1) The amount we will pay for "ultimate net
loss" is limited as described in Section II –
Limits Of Insurance; and
(2) Our right and duty to defend ends when we
have used up the applicable limit of
insurance in the payment of judgments or
settlements under this Coverage Part .
However, if the policy of "controlling
underlying insurance" specifies that limits
are reduced by defense expenses, our right
and duty to defend ends when we have used
up the applicable limit of insurance in the
payment of defense expenses, judgments or
settlements under this Coverage Part.
b. This insurance applies to "injury or damage" that
is subject to an applicable "retained limit". If any
other limit, such as, a sublimit, is specified in the
"controlling underlying insurance", this
insurance does not apply to "injury or damage"
arising out of that exposure unless that limit is
specified in the Declarations under the
Schedule of "controlling underlying insurance".
c. If the "controlling underlying insurance"
requires, for a particular claim, that the "injury or
damage" occur during its policy period in order
for that coverage to apply, then this insurance
will only apply to that "injury or damage" if it
occurs during the policy period of this Coverage
Part. If the "controlling underlying insurance"
requires that the "event" causing the particular
"injury or damage" takes place during its policy
period in order for that coverage to apply, then
this insurance will apply to the claim only if the
"event" causing that "injury or damage" takes
place during the policy period of this Coverage
Part.
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
d. Any additional insured under any policy of
"controlling underlying insurance" will
automatically be an additional insured under this
insurance. If coverage provided to the additional
insured is required by a contract or agreement,
the most we will pay on behalf of the additional
insured is the amount of insurance required by
the contract, less any amounts payable by any
"controlling underlying insurance".
Additional insured coverage provided by this
insurance will not be broader than coverage
provided by the "controlling underlying
insurance".
2. Exclusions
The following exclusions, and any other exclusions
added by endorsement, apply to this Coverage
Part. In addition, the exclusions applicable to any
"controlling underlying insurance" apply to this
insurance unless superseded by the following
exclusions, or superseded by any other exclusions
added by endorsement to this Coverage Part.
Insurance provided under this Coverage Part does
not apply to:
a. Medical Payments
Medical payments coverage or expenses that
are provided without regard to fault, whether or
not provided by the applicable "controlling
underlying insurance".
b. Auto
Any loss, cost or expense payable under or
resulting from any of the following auto
coverages:
(1) First-party physical damage coverage;
(2) No-fault coverage;
(3) Personal injury protection or auto medical
payments coverage; or
(4) Uninsured or underinsured motorists
coverage.
c. Pollution
(1) "Injury or damage" which would not have
occurred, in whole or in part, but for the
actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of pollutants at any time.
(2) Any loss, cost or expense arising out of any:
(a) Request, demand, order or statutory or
regulatory requirement that any insured
or others test for, monitor, clean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of, pollutants; or
(b) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or in
any way responding to, or assessing the
effects of, pollutants.
This exclusion does not apply to the extent that
valid "controlling underlying insurance" for the
pollution liability risks described above exists or
would have existed but for the exhaustion of
underlying limits for "injury or damage".
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or
unemployment compensation law or any similar
law.
SECTION II – LIMITS OF INSURANCE
1. The Limits of Insurance shown in the Declarations,
and the rules below fix the most we will pay
regardless of the number of:
a. Insureds;
b. Claims made or suits brought, or number of
vehicles involved;
c. Persons or organizations making claims or
bringing suits; or
d. Limits available under any "controlling
underlying insurance".
2. The Limits of Insurance of this Coverage Par t will
apply as follows:
a. This insurance only applies in excess of the
"retained limit".
b. The Aggregate Limit is the most we will pay for
the sum of all "ultimate net loss", for all "injury or
damage" covered under this Coverage Part.
However, this Aggregate Limit only applies to
"injury or damage" that is subject to an
aggregate limit of insur ance under the
"controlling underlying insurance".
c. Subject to Paragraph 2.b. above, the Each
Occurrence Limit is the most we will pay for the
sum of all "ultimate net loss" under this
insurance because of all "injury or damage"
arising out of any one "event".
d. If the Limits of Insurance of the "controlling
underlying insurance" are reduced by defense
expenses by the terms of that policy, any
payments for defense expenses we make will
reduce our applicable Limits of Insurance in the
same manner.
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
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3. If any "controlling underlying insurance" has a
policy period that is different from the policy period
of this Coverage Part then, for the purposes of this
insurance, the "retained limit" will only be reduced
or exhausted by payments made for "injury or
damage" covered under this insurance.
The Aggregate Limit of this Coverage Part applies
separately to each consecutive annual period of this
Coverage Part and to any remaining period of this
Coverage Part of less than 12 months, starting with the beginning of the policy period shown in the
Declarations, unless the policy period is extended after issuance for an additional period of less than 12
months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
SECTION III – CONDITIONS
The following c onditions apply. I n addition, the
conditions applicable to any "controlling underlying
insurance" are also applicable to the coverage
provided under this insurance unless superseded by
the following conditions.
1. Appeals
If the "controlling underlying insurer" or insured
elects not to appeal a judgment in excess of the
amount of the "retained limit", we may do so at our
own expense. We will also pay for taxable court
costs, pre - and pos tjudgment interest and
disbursements associated with such appeal. In no
event will this provision increase our liability beyond the applicable Limits of Insurance described in
Section II – Limits Of Insurance.
2. Bankruptcy
a. Bankruptcy Of Insured
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our
obligations under this Coverage Part.
b. Bankruptcy Of Controlling Underlying
Insurer
Bankruptcy or insolvency of the "controlling
underlying insurer" w ill not relieve us of our
obligations under this Coverage Part.
However, insurance provided under this Coverage
Part will not replace any "controlling underlying
insurance" in the event of bankruptcy or insolvency
of the "controlling underlying insurer". The
insurance provided under this Coverage Part will
apply as if the "controlling underlying insurance"
were in full effect and recoverable.
3. Duties In The Event Of An Event, Claim Or Suit
a. You must see to it that we are notified as soon
as practicable of an "event", regardless of the
amount, which may result in a claim under this
insurance. To the extent possible, notice should
include:
(1) How, when and where the "event" took
place;
(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any "injury or
damage" arising out of the "event".
b. If a claim is made or suit is brought against any
insured, you must:
(1) Immediately record the specifics of the claim
or suit and the date received; and
(2) Notify us as soon as practicable.
You must see to it that we receive written notice
of the claim or suit as soon as practicable.
c. You and any other insured involved must:
(1) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the claim
or suit;
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation or
settlement of the claim or defense against
the suit; and
(4) Assist us, upon our r equest, in the
enforcement of any right against any person
or organization which may be liable to the
insured because of "injury or damage" to
which this insurance may also apply.
d. No insured will, except at that insured's own
cost, voluntarily make a payment, assume any
obligation, or incur any expense, other than for
first aid, without our consent.
4. First Named Insured Duties
The first Named Insured is t he person or
organization first named in the Declarations and is
responsible for the payment of all premiums. The
first Named Insured will act on behalf of all other
Named Insureds for giving and receiving of notice
of cancellation or the receipt of any return premium
that may become payable.
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
At our request, the first Named Insured will furnish
us, as soon as practicable, with a complete copy of
any "controlling underlying insurance" and any
subsequently issued endorsements or policies
which may in any way affect the insurance provided
under this Coverage Part.
5. Cancellation
a. The first Named Insured shown in the
Declarations may cancel this policy by mailing
or delivering to us advance written notice of
cancellation.
b. We may cancel this policy by mailing or
delivering to the first Named Insured written
notice of cancellation at least:
(1) 10 days before the effective date of
cancellation if we cancel for nonpayment of
premium; or
(2) 30 days before the effective date of
cancellation if we cancel for any other
reason.
c. We will mail or deliver our notice to the first
Named Insured's last mailing address known to
us.
d. Notice of cancellation will state the effective
date of cancellation. The polic y period will end
on that date.
e. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we
cancel, the refund will be pro rata. If the first
Named Insured cancels, the refund may be less
than pro rata. The cancellation will be effective
even if we have not made or offered a refund.
f. If notice is mailed, proof of mailing will be
sufficient proof of notice.
6. Changes
This Coverage Part contains all the agreements
between you and us concerning the insurance
afforded. The first Named Insured is authorized by
all other insureds to make changes in the terms of
this Coverage Part with our consent. This Coverage
Part's terms can be amended or waived only by
endorsement.
7. Maintenance Of/Changes To Controlling
Underlying Insurance
Any "controlling underlying insurance" must be
maintained in full effect without reduction of
coverage or limits except for the reduction of
aggregate limits in accordance with the provisions
of such "controlling underlying insurance" that
results from "injury or damage" t o which thi s
insurance applies.
Such exhaustion or reduction is not a failure to
maintain "controlling underlying insurance". Failure
to maintain "controlling underlying insurance" will
not invalidate insurance provided under this
Coverage Part, but insurance provid ed under this
Coverage Part will apply as if the "controlling
underlying insurance" were in full effect.
The first Named Insured must notify us in writing ,
as soon as practicable, if any "controlling
underlying insurance" is cancelled , not renewed,
replaced or otherwise terminated, or if the limits or
scope of coverage of any "controlling underlying
insurance" is changed.
8. Other Insurance
a. This insurance is excess over, and shall not
contribute with any of the other insurance,
whether primary, excess, contingent or on any
other basis. This condition will not apply to
insurance specifically written as excess over
this Coverage Part.
When this insurance is excess, i f no other
insurer defends, we may undertake to do so, but
we will be entitled to the insured's rights against
all those other insurers.
b. When this insurance is excess over other
insurance, we will pay only our share of the
"ultimate net loss" that exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of the insurance provided under
this Coverage Part; and
(2) The total of all deductible and self -insured
amounts under all that other insurance.
9. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. If this policy is auditable, the premium shown in
this Coverage Part as advance premium is a
deposit premium only. At the close of each audit
period, we will compute the earned premium for
that period and send notice to the first Named
Insured. The due date for audit premium is the
date shown as the due date on the bill. If the
sum of the advance and audit premiums paid for
the policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.
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10. Loss Payable
Liability under this Coverage Part does not apply to
a given claim unless and until:
a. The insured or insured's "controlling underlying
insurer" has become obligated to pay the
"retained limit"; and
b. The obligation of the insured to pay the "ultimate
net loss" in excess of the "retained limit" has
been determined by a final settlement or
judgment or written agreement among the
insured, claimant , "controlling underlying
insurer" (or a representative of one or more of
these) and us.
11. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us into a
suit asking for damages from an insured; or
b. To sue us on this Coverage Part unless all of its
terms have been fully complied with.
A person or organization may sue us to recover on
an agreed settlement or on a final judgment against
an insured; but we will not be liable for damages
that are not payable under the terms of this
Coverage Part or that are in excess of the
applicable limit of insurance. An agreed settlement
means a settlement and release of liability signed
by us, the insured, "controlling underlying insurer"
and the claimant or the claimant's legal
representative.
12. Transfer Of Defense
a. Defense Transferred To Us
When the limits of "controlling underlying
insurance" have been exhausted, in accordance
with the provisions of "controlling underlying
insurance", we may elect to have the defense
transferred to us. We will cooperate in the
transfer of control to us of any ou tstanding
claims or suits seeking damages to which this
insurance applies and which would have been
covered by the "controlling underlying
insurance" had the applicable limit not been
exhausted.
b. Defense Transferred By Us
When our limits of insurance have been
exhausted our duty to provide a defense will
cease.
We will cooperate in the transfer of control of
defense to any insurer specifically written as
excess over this Coverage Part of any
outstanding claims or suits seeking damages to
which this insurance applies and which would
have been covered by the "controlling
underlying insurance" had the applicable limit
not been exhausted.
In the event that there is no insurance written as
excess over this Coverage Part, we will
cooperate in the t ransfer of control to the
insured and its designated representative.
13. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured shown
in the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient proof of notice.
SECTION IV – DEFINITIONS
The definitions applicable to any "controlling underlying insurance" also apply to this insurance. In addition, the following definitions apply.
1. "Controlling underlying insurance" means any
policy of insurance or self -insurance listed in the
Declarations under the Schedule of "controlling
underlying insurance".
2. "Controlling underlying insurer" means any insurer
who provides any policy of insurance listed in the
Declarations under the Schedule of "controlling
underlying insurance".
3. "Event" means an occurrence, offense, accident,
act, or other event, to which the applicable
"controlling underlying insurance" applies.
4. "Injury or damage" means any injury or damage,
covered in the applicable "controlling underlying
insurance" arising from an "event".
5. "Retained limit" means the available limits of
"controlling underlying insurance" applicable to the
claim.
6. "Ultimate net loss" means the total sum, after
reduction for recoveries, or salvages collectible,
that the insured becomes legally obligated to pay
as damages by reason of:
a. Settlements, judgments, binding arbitration; or
b. Other binding alternate dispute resolution
proceeding entered into with our consent.
"Ultimate net loss" includes defense expenses if the
"controlling underlying insurance" specifies that
limits are reduced by defense expenses.
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
COMMERCIAL EXCESS LIABILITY
CX 21 02 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CX 21 02 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1
TOTAL POLLUTION EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE PART
Exclusion c. under Paragraph 2. Exclusions of
Section I – Coverages is replaced by the following:
Insurance provided under this Coverage Part does not
apply to:
2. Exclusions
c. Pollution
(1) "Injury or damage" which would not have
occurred in whole or part but for the actual,
alleged or threatened discharge, dispersal,
seepage, migration, release or es cape of
pollutants at any time; or
(2) Any loss, cost or expense arising out of any:
(a) Request, demand, order or statutory or
regulatory requirement that any insured
or others test for, monitor, clean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of, pollutants; or
(b) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or in
any way responding to, or assessing the
effects of, pollutants.
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
COMMERCIAL EXCESS LIABILITY
CX 21 13 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CX 21 13 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1
EXCLUSION – FUNGI OR BACTERIA
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE PART
A. The following exclusion is added to Paragraph 2.
Exclusions of Section I – Coverages:
2. Exclusions
Insurance provided under this Coverage Part
does not apply to:
Fungi Or Bacteria
a. "Injury or damage" which would not have
occurred, in whole or in part, but for the
actual, alleged or threatened inhalation of,
ingestion of, contact with, exposure to,
existence of, or presence of, any "fungi" or
bacteria on or within a building or structure,
including its contents, regardless of whether
any other cause, event, material or product
contributed concurrently or in any sequence
to such "injury or damage".
b. Any loss, cost or expenses arising out of the
abating, testing for, monitoring, cleaning up,
removing, containing, treating, detoxif ying,
neutralizing, remediating or disposing of, or
in any way responding to, or asses sing the
effects of, "fungi" or bacteria, by any insured
or by any other person or entity.
This exclusion does not apply to any "fungi" or
bacteria that are, are on, or are contained in, a
good or product intended for bodily
consumption.
B. The following definition is added to the Definitions section:
"Fungi" means any type or form of fungus, including
mold or mildew and any mycotoxins, spores, scents
or by-products produced or released by fungi.
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
COMMERCIAL EXCESS LIABILITY
CX 21 33 01 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CX 21 33 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1
EXCLUSION OF CERTIFIED ACTS OF TERRORISM
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE PART
Any endorsement addressing acts of terrorism
(however defined) in any "controlling underlying
insurance" does not apply to this excess insurance.
The following provisions addressing acts of terrorism
apply with respect to this excess insurance:
A. The following exclusion is added:
This insurance does not apply to:
TERRORISM
"Injury or damage" arising, directly or indirectly, out of a "certified act of terrorism".
B. The following definition is added:
"Certified act of terrorism" means an act that is
certified by the Secretary of the Treasury, in
accordance with the provisions of the federal
Terrorism Risk Insurance Act, to be an act of
terrorism pursuant to such Act. The criteria
contained in the Terrorism Risk Insurance Act for a
"certified act of terrorism" include the following:
a. The act resulted in insured losses in excess of
$5 million in the aggregate, attributable to all
types of insurance subject to the Terrorism Risk
Insurance Act; and
b. The act is a violent act or an act that is
dangerous to human life, property or
infrastructure and is committed by an individual
or individuals as part of an effort to coerce the
civilian population of the United States or to
influence the policy or affect the conduct of the
United States Government by coercion.
C. The terms and limitations of any terrorism
exclusion, or the inapplicability or omission of a
terrorism exclusion, do not serve to create
coverage for "injury or damage" that is otherwise
excluded under this Coverage Part.
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A POLICY NUMBER: CXS4071551 COMMERCIAL EXCESS LIABILITYCX 21 43 12 23 Controlling Underlying Insurance: CALIFORNIA AUTOMOBILE INSURANCE COMPANY – POLICY #BA040000093880COLONY INSURANCE COMPANY – POLICY #600 GL 0220652-00WESCO INSURANCE COMPANY - POLICY #WWC3746213 Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
COMMERCIAL EXCESS LIABILITY
CX 21 71 06 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CX 21 71 06 15 © Insurance Services Office, Inc., 2014 Page 1 of 1
EXCLUSION – UNMANNED AIRCRAFT
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS COVERAGE PART
A. The following exclusion is added to Paragraph 2.
Exclusions of Section I – Coverages:
2. Exclusions
Insurance provided under this Coverage Part
does not apply to:
Unmanned Aircraft
"Injury or damage" arising out of the ownership,
maintenance, use or entrustment to others of
any aircraft that is an "unmanned aircraft". Use
includes operation and loading or unloading.
This exclusion applies even if the claims against
any insured allege negligence or oth er
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured, if the " event" which caused the
"injury or damage" involved the ownership,
maintenance, use or entrustment to others of
any aircraft that is an "unmanned aircraft".
As used in this exclusion, loading or unloading
means the handling of property:
a. After it is moved from the place where it is
accepted for movement into or onto an
"unmanned aircraft";
b. While it is in or on an "unmanned aircraft"; or
c. While it is being moved from an "unmanned
aircraft" to the place where it is finally
delivered;
but loading or unloading does not include the
movement of property by means of a
mechanical device, other than a hand truck, that
is not attached to the "unmanned aircraft".
B. The following definition is added to the Definitions section:
"Unmanned aircraft" means an aircraft that is not:
1. Designed;
2. Manufactured; or
3. Modified after manufacture;
to be controlled directly by a person from within or
on the aircraft.
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
COMMERCIAL EXCESS LIABILITY
CX 21 77 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CX 21 77 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1
EXCLUSION – ALL HAZARDS IN CONNECTION WITH AN
ELECTRONIC SMOKING DEVICE, ITS VAPOR,
COMPONENT PARTS, EQUIPMENT AND ACCESSORIES
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE PART
A. The following exclusion is added:
This insurance does not apply to:
Electronic Smoking Device
"Injury or damage" arising out of the following:
1. The design, manufacture, distribution, sale,
maintenance, use or repair of:
a. An "electronic smoking device"; or
b. Any component part of , or equipment or
accessory designed for use with an
"electronic smoking device", including, but
not limited to, a mouthpiece, tube, tank,
connector, atomizer, cartomizer,
clearomizer, coil, battery, charger, cartridge,
liquid, flavoring, solutions of any kind, or
ingredients therein;
2. The actual, alleged, threatened or suspected
inhalation of, contact with, exposure to,
existence of, or presence of, vapor delivered
from an "electronic smoking device"; or
3. Any co mponent part of, or equipment or
accessory designed for use with an "electronic
smoking device", including, but not limited to
those items listed in Paragraph A.1.b. of this
endorsement, and in connection with the actual,
alleged, threatened or suspected i nhalation of,
contact with, exposure to, existence of, or
presence of, vapor delivered from an "electronic
smoking device".
B. The following definition is added:
"Electronic smoking device" means a battery -
powered device that delivers a vaporized inhalable
substance through a mouthpiece. "Electronic
smoking devices" include, but are not limited to,
battery-powered:
1. Cigarettes;
2. Pipes;
3. Cigars;
4. Hookahs; and
5. Vaporizers, other than steam or mist inhalers.
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
COMMERCIAL EXCESS LIABILITY
CX 21 80 12 20
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CX 21 80 12 20 © Insurance Services Office, Inc., 2020 Page 1 of 2
CANNABIS EXCLUSION WITH HEMP EXCEPTION
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE PART
A. The following exclusion is added:
This insurance does not apply to:
1. "Injury or damage" arising out of:
a. The design, cultivation, manufacture,
storage, processing, packaging, handling,
testing, distribution, sale, serving, furnishing,
possession or disposal of "cannabis"; or
b. The actual, alleged, threatened or suspected
inhalation, ingestion, absorption or
consumption of, contact with, exposure to,
existence of, or presence of "cannabis"; or
2. Property damage to "cannabis".
This exclusion applies even if the claims against
any insured allege negligence or other wrongdoing
in the supervision, hiring, employment, training or
monitoring of others by that insured, if the "event"
which caused the injury or damage involved that
which is described in Paragraph A.1. or A.2. above.
However, Paragraph A.1.b. does not apply to bodily
injury or property damage arising out of the actual,
alleged, threatened or suspected inhalation,
ingestion, absorption or consumption of, or contact
with, "cannabis" by:
(1) An insured; or
(2) Any other person for whom you are
legally responsible;
but only if the bodily injury or property damage does
not arise out of your selling, serving or furnishing of "cannabis" to any person described above.
B. The exclusion in Paragraph A. does not apply to:
1. "Injury or damage" arising out of goods or
products c ontaining or derived from hemp,
including, but not limited to:
a. Seeds;
b. Food;
c. Clothing;
d. Lotions, oils or extracts;
e. Building materials; or
f. Paper.
2. Property damage to goods or products
described in Paragraph B.1. above.
However, Paragraphs B.1. and B.2. above do not
apply to the extent any such goods or products are
prohibited under an applicable state or local statute,
regulation or ordinance in the state wherein:
(1) The bodily injury or property damage
occurs;
(2) The "event" which caused the b odily
injury or property damage takes place; or
(3) The offense which caused the personal
and advertising injury was committed.
C. If the applicable "controlling underlying insurance" provides coverage for personal and advertising
injury caused by:
1. False arrest, detention or imprisonment; or
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
2. The wrongful eviction from, wrongful entry into,
or invasion of the right of private occupancy of a
room, dwelling or premises that a person
occupies, committed by or on behalf of its
owner, landlord or lessor;
then the exclusion in Paragraph A. does not apply
to "injury or damage" that is personal and
advertising injury caused by such offenses.
D. The following definition is added to the Definitions section:
"Cannabis":
1. Means:
Any good or product that consists of or contains
any amount of Tetrahydrocannabinol (THC) or
any other cannabinoid, regardless of whether
any such TH C or cannabinoid is natural or
synthetic.
2. Paragraph D.1. above includes, but is not
limited to, any of the following containing such
THC or cannabinoid:
a. Any plant of the genus Cannabis L., or any
part thereof, such as seeds, stems, flowers,
stalks and roots; or
b. Any compound, by -product, extract,
derivative, mixture or combination, such as:
(1) Resin, oil or wax;
(2) Hash or hemp; or
(3) Infused liquid or edible cannabis;
whether or not derived from any plant or part
of any plant set forth in Paragraph D.2.a.
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
ENDORSEMENT
NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
Includes copyrighted material of ISO Properties, Inc., with its permission.
Copyright, ISO Properties, Inc., 2004
UTS-331s-CA (3-05)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
REGISTERED DOMESTIC PARTNER—CALIFORNIA
Under California Assembly Bill 2208, known as the Califor- nia Insurance Equality Act (Insurance Code Section 381.5), relating to domestic partners, the following terms apply:
A. Whenever found in this policy, the term “spouse” is re- placed by the following:
Spouse or registered domestic partner under California
law.
B. With respect to coverage (if applicable) for the owner- ship, maintenance or use of covered autos, the term
family member is replaced by the following:
Family member means a person related to you by
blood, adoption, marriage or registered domestic part-
nership under California law, who is resident of your
household, including a ward or foster child.
AUTHORIZED REPRESENTATIVE DATE
CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A ATTACHED TO ANDFORMING A PART OFPOLICY NUMBERENDORSEMENT EFFECTIVE DATE(12:01 A.M. STANDARD TIME)NAMED INSUREDAGENT NO.
CXS407155112/05/2025APENA ENGINEERING040AO
25%
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Underwritten by Scottsdale Insurance Company ENDORSEMENT NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
UTS-576 (04-21) Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
INJURY TO EMPLOYEE AND WORKER EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE PART
COMMERCIAL LIABILITY UMBRELLA COVERAGE PART
A. The following exclusion is added:
Injury to Employee or Worker
This insurance does not apply to bodily injury , property damage, personal and advertising injury or injury or damage to:
1. An employee, leased worker, temporary worker, or volunteer worker of any insured;
2. Any “worker”;
3. Any contractor, subcontractor, sub-subcontractor or anyone hired or retained by or for any insured;
4. Any employee or anyone directly or indirectly employed by such contractor, subcontractor or sub- subcontractor or anyone for whose acts such contractor, subcontractor or sub-subcontractor may be liable; or
5. The spouse, child, parent, brother or sister of anyone in 1. through 4. above.
This exclusion applies:
1. Whether the insured may be liable as an employer or in any other capacity; and
2. To any obligation to share damages with or repay someone else who must pay damages because of the injury.
B. With respect to this endorsement, words and phrases that appear in quotation marks within this en- dorsement have special meaning. Other words and phrases that are not specifically defined within this endorsement will have the meaning described in the policy to which this endorsement is attached.
The following definition is added:
“Worker” means any person performing duties directly or indirectly related to the conduct of any busi- ness, regardless of the person or organization responsible for hiring, retaining, employing, furnishing or directing the worker.
AUTHORIZED REPRESENTATIVE DATE
CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Underwritten by Scottsdale Insurance Company ENDORSEMENT NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
Includes copyrighted material of ISO Properties, Inc., with its permission.
Copyright, ISO Properties, Inc., 2013
UTS-593 (12-21) Page 1 of 2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIMITED RESIDENTIAL CONSTRUCTION OPERATIONS EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL LIABILITY UMBRELLA COVERAGE PART
COMMERCIAL EXCESS LIABILITY COVERAGE PART
A. The following exclusion is added to SECTION I—COVERAGES, COVERAGE A —BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. Exclusions, SECTION I—COVERAGES, COV- ERAGE B—PERSONAL AND ADVERTISING INJURY, paragraph 2. Exclusions and SECTION I— COVERAGES, paragraph 2. Exclusions:
This insurance does not apply to bodily injury , property damage, personal and advertising injury or injury or damage arising out of, caused by, or in any way related to the insured’ s ownership, the in- sured’s financial interest, your work or your product on or in connection with any residential develop- ment, including construction operations performed on or in connection with the following:
1. Detached or attached single family houses;
2. Multiple unit residential structures in which each unit is separately titled, such as a condominium, townhouse, duplex, triplex or fourplex;
3. “Tract homes”;
4. Housing cooperative;
5. Planned unit development; or
6. Timeshare.
However, this exclusion does not apply to:
a. The insured’s ownership, the insured’s financial interest, your work or your product related to an “apartment”;
b. Your work or your product related to the construction of a residential development involving one-family, two-family, three-family, four-family or multiple unit residential structures, including any combination thereof , not exceeding twenty-five (25) total “housing units” per residential development; or
c. Your work or your product related to the remodeling or repair of any existing structure.
For purposes of this endorsement, a duplex is equivalent to two (2) “housing units,” a triplex is equiva- lent to three (3) “housing units” and a fourplex is equivalent to four (4) “housing units.” We shall have no duty or obligation to provide or pay for the investigation or defense of any loss, cost, expense, claim or “suit” excluded by this endorsement.
CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Includes copyrighted material of ISO Properties, Inc., with its permission.
Copyright, ISO Properties, Inc., 2013
UTS-593 (12-21) Page 2 of 2
B. For the purposes of this endorsement the following is added to SECTION I—COVERAGES, COVER- AGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY , paragraph 1. Insuring Agree- ment, subparagraph a., SECTION I—COVERAGES, COVERAGE B— PERSONAL AND ADVERTISING INJURY paragraph 1. Insuring Agreement, subparagraph a., and SECTION I—COV- ERAGES paragraph 1. Insuring Agreement, subparagraph a.:
We may look to extrinsic evidence outside the allegations and/or facts pleaded by any claimant to determine whether we owe a duty to defend or indemnity against a suit seeking damages for bodily injury, property damage, personal and advertising injury or injury or damage. We may rely on extrinsic evidence to deny the duty to defend or duty to indemnify for a suit.
C. With respect to this endorsement, words and phrases that appear in quotation within this endorsement have special meaning. Other words and phrases that are not specifically defined within this endorse- ment will have the meaning described in the policy to which this endorsement is attached.
For purposes of this endorsement, the following definitions apply:
1. “Apartment” means a multi-family residence where there is common ownership of individual units and common areas, but where all individual units are held for lease or rent by tenants who have no ownership interest in the units they lease or rent.
2. “Housing units” means separate and independent places of abode intended for occupancy by a single household.
3. “Tract homes” means a grouping of single-family dwellings which:
a. Are constructed in the same parcel, adjacent parcels or other parcels located within one geo- graphic area and which are a single project; and
b. Share common or similar design elements, floor plans, blueprints or architectural details.
All other terms and conditions of this policy remain unchanged.
AUTHORIZED REPRESENTATIVE DATE
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Underwritten by Scottsdale Insurance Company ENDORSEMENT NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
UTS-611 (07-22) Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION—BIOMETRIC INFORMATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ERRORS AND OMISSIONS COVERAGE PART
COMMERCIAL LIABILITY UMBRELLA COVERAGE PART
COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following exclusion is added to this policy:
Access to or Disclosure of Biometric Data or Information This insurance does not apply to “bodily injury,” “property dama ge,” “personal and advertising injury,” “damages” or “injury or damage” directly or indirectly arising out of, caused by, based on, or in any way related to any access to or disclosure of any person’s or organization’s confidential or personal infor- mation, including “biometric information.”
This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others.
This exclusion applies even if the claims against any insured include actual or alleged violation of the responsibilities, obligations or duties imposed by the Illinois Biometric Information Privacy Act of 2008, as amended, the California Consumer Privacy Act of 2018, as amended, or any other similar law, reg- ulation or statute.
For the purposes of this endorsement, the following definition applies:
“Biometric information” means biometric identifiers, or biometric data of any kind relating to biologically unique physical, physiological or behavioral characteristics of an individual, that may be collected or used to identify an individual and/or provide access rights to an individual, including but not limited to deoxyribonucleic acid (DNA), retina or iris scans, finger prints, voiceprints or scans of hand or face geometry or other unique biological patterns or characteristics that are used to identify a specific indi- vidual regardless of how it is captured, converted, stored, or shared.
All other terms, conditions, provisions, and exclusions of the policy remain unchanged.
AUTHORIZED REPRESENTATIVE DATE
CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Underwritten by Scottsdale Insurance Company ENDORSEMENT NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
UTS-632 (03-23) Page 1 of 6
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION—DESIGNATED CHEMICALS, COMPOUNDS, ENERGY,
MATERIAL OR SUBSTANCES
A.The following exclusions are added to the Policy:
This insurance does not apply to:
1. Asbestos
a.“Bodily injury,” “property damage,” “personal and advertising injury,” “damages,” “injury or dam- age” or medical expenses actually or allegedly arising out of, caused by, based on, or in any way related to asbestos, asbestos fibers or any product containing asbestos or asbestos fibers;
b.Any economic loss, diminution of property value, abatement costs, or any other loss, cost or expense including equitable relief, in any way or to any extent arising out of or involving as- bestos, asbestos fibers or any product containing asbestos or asbestos fibers; or c.Any fees, fines, costs, or expenses of any nature whatsoever related to or resulting from the investigation or defense of any claim or suit arising out of or involving asbestos, asbestos fibers, or any product containing asbestos or asbestos fibers.
2. Benzene
a.“Bodily injury,” “property damage,” “personal and advertising injury,” “damages,” “injury or dam- age” or medical expenses arising out of, caused by, based on, or in any way related to the actual, alleged, threatened or suspected inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, benzene in any form;
b.Any damages, loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to or assessing the effects of, benzene in any form, by any insured or by any other person or entity; or
c.Any claim or suit by or on behalf of a governmental authority for damages, loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way re- sponding to or assessing the effects of, benzene in any form, by any insured or by any other person or entity.
This exclusion shall apply without regard to the source or sources of benzene, or the basis of the insured’s liability. This exclusion includes defects or negligence in design, construction or materials, or any other event, conduct or misconduct, which may have or is claimed to have precipitated, caused or acted jointly, concurrently or in any sequence with benzene in any form in causing the CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A UTS-632 (03-23) Page 2 of 6
“bodily injury,” “property damage,” “personal and advertising injury,” “damages,” “injury or damage” or medical expenses.
3. Bisphenol A (BPA)
a.“Bodily injury,” “property damage,” “personal and advertising injury,” “damages,” “injury or dam- age” or medical expenses arising out of, caused by, based on, or in any way related to actual, alleged, threatened or suspected inhalation of, ingestion of, contact with, exposure to, exis- tence of, or presence of, “bisphenol” in any form;
b.The actual, alleged, threatened or suspected presence, respiration, inhalation, existence, in- gestion of, or exposure to “bisphenol” or any material, substance, or product containing “bisphe- nol,” however caused and whether direct or indirect, proximate or remote, or concurrently or in any sequence; or
c.Any request, demand, claim, suit or order that you or others abate, test for, monitor, clean up, remove, recall, contain, treat, neutralize, detoxify, remediate, dispose of, or in any way respond to or assess the effects of “bisphenol” or any material, substance, or product containing or suspected of containing “bisphenol.”
For the purposes of this exclusion, the following definition applies:
“Bisphenol” means Bisphenol A; any compound, combination, or mixture containing Bis- phenol A; any metabolite, derivate, derivative or additive of Bisphenol A; any polycarbonate or resin based on or containing Bisphenol A; and any reaction of Bisphenol A.
4. Brazilian Plywood
“Bodily injury,” “property damage,” “personal and advertising injury,” “damages,” “injury or damage” or medical expenses actually or allegedly arising out of, caused by, based on, or in any way related to the distribution, installation, use or removal of “plywood” originating from and/or manufactured in Brazil.
For the purposes of this exclusion, the following definition applies:
“Plywood” means a construction material made of thin layers of wood glued or pressed to- gether, including any combination of medium density fibreboard, oriented strand board or par- ticle board.
5. Chromated Copper Arsenate (CCA)
a.“Bodily injury,” “property damage,” “personal and advertising injury,” “damages,” “injury or dam- age” or medical expenses arising out of, caused by, based on, or in any way related to the actual, alleged or suspected:
(1)Ingestion, inhalation, absorption, presence, or prolonged physical exposure or threat of exposure to Chromated Copper Arsenate (CCA), or any CCA derivative, in any form, or goods or products containing any form of CCA or any CCA derivative; (2)Use of any form of CCA or any CCA derivative in constructing or manufacturing any good, product or structure;
(3)Removal of any form of CCA or any CCA derivative from any good, product or structure; or
(4)The manufacture, intellectual development, sale, transportation, storage or disposal of CCA, or any CCA derivative, or goods or products containing any form of CCA or any CCA derivative.
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A UTS-632 (03-23) Page 3 of 6
b.Loss, cost or expense, including but not limited to defense costs, claim expenses, bonds or fees arising out of any request, demand or order that any insured or others identify, abate, test for, sample, monitor, clean up, remove, cover, contain, treat, detoxify, decontaminate, neutral- ize, or mitigate or in any way respond to, or assess the effects of CCA or any CCA derivative; or repair, replace or improve any property as a result of such effects. c.Loss, cost or expense arising out of any claim or “suit” by or on behalf of a government author- ity for damages because of identification of, abatement of, testing for, sampling, monitoring, cleaning up, removing, covering, containing, treating, detoxifying, decontaminating, neutraliz- ing, or mitigating, or in any way responding to, or assessing the effects of CCA; or repairing, replacing or improving any property as a result of such effects. d.This exclusion applies regardless of whether the “bodily injury,” “property damage,” “personal and advertising injury,” “damages,” “injury or damage” or medical expenses, cost or expense:
(1)Actually or allegedly arises out of any other cause or event that contributes concurrently or in any sequence to “bodily injury,” “property damage,” “personal and advertising injury,” “damages,” “injury or damage” or medical expenses, cost or expense including defects or negligence in design, construction, inspection or materials; (2)Was caused by the instigation of, or with the direct or indirect involvement of any insured, any insured’s employees, additional insureds or other persons on the insured’s premises or worksite at any time; or
(3)Was caused by or arose out of the failure at any time of any insured, the insured’s employ- ees, additional insureds or other persons on any insured’s premises or worksite to super- vise or keep the premises or worksite in a safe condition.
6. Electromagnetic Field, Force or Matter
a.“Bodily injury,” “property damage,” “personal and advertising injury,” “damages,” “injury or dam- age” or medical expenses actually or allegedly arising out of, caused by, based on, or in any way related to “electromagnetic radiation,” including, but not limited to, “electromagnetic radia- tion” produced or distributed by, or coming from, any type of:
(1)Line or tower used to transmit electrical current of any voltage, such as any power or elec- trical line or tower, or used to broadcast or transmit any type of signal, including, but not limited to, cellular, radio or television line or tower or any satellite station; (2)Device that uses, produces, emits, directs, amplifies or conducts “electromagnetic radia- tion,” including, but not limited to, any cellular phone, computer, electric blanket, microwave oven, X-ray machine, laser, range finding equipment, laser-equipped surveying equipment, electrical transformer, antenna, satellite, radar dish or ultraviolet (UV) light; (3)Radar, radar-guided weapon systems, radar detecting weapon systems, or directed- energy weapon systems, including, but not limited to, any police, military, or weather radar, and any laser, laser weapon systems or high electromagnetic pulse (EMP) weapon sys- tems; or
(4)Imaging equipment, whether used for medical, ground imaging or any other purpose, in- cluding, but not limited to, any X-ray, magnetic resonance imaging equipment, or ground- penetrating radar.
b.“Bodily injury,” “property damage,” “personal and advertising injury,” “damages,” “injury or dam- age” or medical expenses any part of which arises out of, or allegedly arises out of, exposure to or the presence of “radioactive matter” or “radiation” whether alone, or combined with any other substances or factors, whether included in a product or otherwise. This exclusion applies regardless of whether such exposure occurs within or outside a building.
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A UTS-632 (03-23) Page 4 of 6
c.This exclusion applies regardless of whether any other cause or factor contributed concurrently or in any sequence to any “bodily injury,” “property damage,” “personal and advertising injury,” “damages,” “injury or damage” or medical expenses.
For the purposes of this exclusion, the following definitions apply:
a.“Electromagnetic radiation” means, but is not limited to, any electrical or magnetic field of 30 Hz to 300 EHz, or any combination of electromagnetic or magnetic fields, radio waves, noise, charges, currents, signals or force of energy, radiation or electricity. b.“Radiation” or “radioactive matter” means, but is not limited to, ionizing radiation (either directly from unstable atomic nuclei or atoms, or as a consequence of a nuclear reaction), radioactive isotopes, alpha or beta particles or rays, gamma rays, X-rays, photons, nucleons, including protons and neutrons, and electrons.
7. Lead Contamination
a.“Bodily injury,” “property damage,” “personal and advertising injury,” “damages,” “injury or dam- age” or medical expenses arising out of, caused by, based on, or in any way related to the actual, alleged, threatened or suspected inhalation of, ingestion of, contact with, exposure to, existence of, or presence of lead in any form.
b.Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of lead by any insured or by any other person or entity.
8. Nuclear Damage Liability
a.“Bodily injury,” “property damage,” “personal and advertising injury,” “damages,” “injury or dam- age” or medical expenses:
(1)With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic En- ergy Liability Underwriters, Nuclear Insurance Association of Canada or any of their suc- cessors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or
(2)Resulting from the “hazardous properties” of “nuclear material” and with respect to which:
(a)Any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or (b)The insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization.
b.“Bodily injury,” “property damage,” “personal and advertising injury,” “damages,” “injury or dam- age” or medical expenses resulting from “hazardous properties” of “nuclear material,” if:
(1)The “nuclear material”:
(a)Is at any “nuclear facility” owned by, or operated by or on behalf of, an insured; or (b)Has been discharged or dispersed therefrom;
(2)The “nuclear material” is contained in “spent fuel” or “waste” at any time possessed, han- dled, used, processed, stored, transported or disposed of, by or on behalf of an insured; or Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A UTS-632 (03-23) Page 5 of 6
(3)The “bodily injury,” “property damage”, “personal and advertising injury,” “damages,” “injury or damage” or medical expenses arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, repair, demolition, operation or use of any “nuclear facility,” but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to “property damage” to such “nuclear facility” and any property thereat.
“Bodily injury,” “property damage,” “personal and advertising injury,” “damages” and “injury or dam- age” include all forms of radioactive contamination of persons or property.
For purposes of this exclusion, the following definitions apply:
a.“Hazardous properties” includes radioactive, toxic or explosive properties. b.“Nuclear facility” means:
(1)Any “nuclear reactor”;
(2)Any equipment or device designed or used for:
(a)Separating the isotopes of uranium or plutonium;
(b)Processing or utilizing “spent fuel”; or
(c)Handling, processing or packaging “waste”;
(3)Any equipment or device used for the processing, fabricating or alloying of “special nuclear material” if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235;
(4)Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of “waste”;
and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations.
c.“Nuclear material” means “source material,” “special nuclear material” or “by-product material.” d.“Nuclear reactor” means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical mass of fissionable material. e.“Source material,” “special nuclear material” and “by-product material” have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. f.“Spent fuel” means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a “nuclear reactor.”
g.“Waste” means any waste material:
(1)Containing “by-product material” other than the tailings or wastes produced by the extrac- tion or concentration of uranium or thorium from any ore processed primarily for its “source material” content; and
(2)Resulting from the operation by any person or organization of any “nuclear facility” included under the first two paragraphs of the definition of “nuclear facility.” Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A UTS-632 (03-23) Page 6 of 6
9. Silica Or Silica-Related Dust
a.“Bodily injury,” “property damage,” “personal and advertising injury,” “damages,” “injury or dam- age” or medical expenses arising out of, caused by, based on, or in any way related to the actual, alleged, threatened or suspected inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, “silica” or “silica-related dust.” b.Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to or assessing the effects of, “silica” or “silica-related dust,” by any insured or by any other person or entity.
For the purposes of this exclusion, the following definitions apply:
a.“Silica” means silicon dioxide (occurring in crystalline, amorphous and impure forms), silica particles, silica dust or silica compounds.
b.“Silica-related dust” means a mixture or combination of silica and other dust or particles.
All other terms and conditions of this Policy remain unchanged.
AUTHORIZED REPRESENTATIVE DATE
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Underwritten by Scottsdale Insurance Company ENDORSEMENT NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
UTS-641 (06-23) Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTINUING OR ONGOING DAMAGE EXCLUSION
The following exclusion is added to the policy:
Continuing Or Ongoing Damage Exclusion
This insurance does not apply to “property damage” or “injury or damage” when any of the following apply:
1. The “property damage” or “injury or damage” first occurred, began to occur or is alleged to have occurred or been in the process of occurring, to any degree, in whole or in part, prior to the inception date of this policy.
2. The “property damage” or “injury or damage” is indiscernible from other damage that is incremental, continuous or progressive damage arising from an “occurrence” or “event” which first occurr ed, began to occur or is alleged to have occurred, to any degree, in whole or in part, prior to the incep- tion date of this policy.
AUTHORIZED REPRESENTATIVE DATE
CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
ENDORSEMENT
NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
UTS-74g (8-95)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PUNITIVE OR EXEMPLARY DAMAGE EXCLUSION
In consideration of the premium charged, it is agreed that this policy does not apply to a claim of or in- demnification for punitive or exemplary damages.
Punitive or exemplary damages also include any damages awarded pursuant to statute in the form of double, treble or other multiple damages in excess of compensatory damages.
If suit is brought against any insured for a claim falling within coverage provided under the policy, seeking both compensatory and punitive or exemplary damages, then the Company will afford a defense to such action; however, the Company will have no obligation to pay for any costs, interest or damages attributa- ble to punitive or exemplary damages.
AUTHORIZED REPRESENTATIVE DATE
CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A CXS407155112/05/2025APENA ENGINEERING040AO
ATTACHED TO ANDFORMING A PART OFPOLICY NUMBERENDORSEMENT EFFECTIVE DATE(12:01 A.M. STANDARD TIME)NAMED INSUREDAGENT NO.
CXS407155112/05/2025APENA ENGINEERING040AO
COMMISSIONER OF INSURANCE300 CAPITOL MALL, 17TH FLOORSACRAMENTO, CA 95814HavingacceptedserviceofprocessonbehalfoftheCompany,thepersondesignatedaboveisauthorizedto mail the process or a true copy to:CSC-LAWYERS INCORPORATING SERVICE2710 GATEWAY OAKS DRIVE, SUITE 150NSACRAMENTO, CA 95833-3505 / AUTHORIZED REPRESENTATIVE DATE
UTS-9g (06-22) Page 1 of 1
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
ENDORSEMENT
NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
XLS-0270 (5-15) Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CARE, CUSTODY OR CONTROL EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE FORM
The following exclusion is added to SECTION I—COVERAGES, paragraph 2. Exclusions:
Insurance provided under this Coverage Part does not apply to:
Care, Custody Or Control
Any “injury or damage” for property damage to any property:
1. You own, rent, lease, occupy or use;
2. In your care, custody or control; or
3. As to which you are for any purpose exercising physical control.
AUTHORIZED REPRESENTATIVE DATE
CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
ENDORSEMENT
NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
XLS-0381 (5-15) Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CROSS LIABILITY EXCLUSION
(NAMED INSURED)
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE FORM
The following exclusion is added to SECTION I—COVERAGES, paragraph 2. Exclusions:
Insurance provided under this Coverage Part does not apply to:
Cross Liability
Any “injury or damage” arising out of any claim or suit brought by any Named Insured against another Named Insured.
AUTHORIZED REPRESENTATIVE DATE
CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
ENDORSEMENT
NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
XLS-0432 (11-08) Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED WORK EXCLUSION—
EXTERIOR INSULATION AND FINISH SYSTEMS
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE FORM
The following is added to paragraph 2. Exclusions:
Insurance provided under this Coverage Part does not
apply to:
Designated Work—Exterior Insulation And Finish
Systems
“Injury or damage” included in the products-completed
operations hazard as defined in the “controlling under- lying insurance” and arising out of your work or opera- tions or li ability assumed by any insured under any
contract, agreement or warranty described as:
1. The design, manufacture, construction, fabrication,
preparation, installation, application, maintenance
or repair, including remodeling, service, correction
or replacement of an “exterior insulation and finish
system” (commonly referred to as synthetic
stucco) or any part thereof, or any substantially
similar system or any part thereof, including the ap-
plication or use of conditioners, primers,
accessories, flashings, coatings, caulkings or seal-
ants in connection with such a system.
2. Any work or operation with respect to any exterior
component, fixture or feature of any structure if any
“exterior insulation and finish system ” is used on
any part of that structure.
For purposes of this endorsement, “exterior insulation
and finish system ” means an exterior cladding or
finish system used on any part of any structure, and
consisting of:
1. A rigid or semi -rigid insulation board made of
expanded polystyrene or other materials;
2. The adhesive and/or mechanical fasteners used to
attach the insulation board to the substrate;
3. A reinforced base coat; and
4. A finish coat providing surface texture and color.
AUTHORIZED REPRESENTATIVE DATE
CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
ENDORSEMENT
NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
Includes copyrighted material of ISO Properties, Inc., with its permission.
Copyright, ISO Properties, Inc., 1992
XLS-0520 (11-08) Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EMPLOYMENT-RELATED PRACTICES EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE FORM
Insurance provided under Coverage Part does not apply to:
Employment-Related Practices
“Injury or damage” to:
a. A person arising out of any:
(1) Refusal to employ that person;
(2) Termination of that person’s employment; or
(3) Employment-related practices, policies, acts or
omissions, such as coercion, demotion, evalua-
tion, reassignment, discipline, defamation, harass-
ment, humiliation, discrimination or malicious
prosecution directed at that person; or
b. The spouse, child, parent, brother or sister of that per- son as a consequence of “injury or damage ” to that
person at whom any of the employment -related prac-
tices described in paragraphs (1), (2) or (3) above is
directed.
This exclusion applies whether the injury-causing event de- scribed in paragraphs (1), (2) or (3) above occurs
before employment, during employment or after employ-
ment of that person.
This exclusion applies:
1. Whether the insured may be liable as an employer or
in any other capacity; and
2. To any obligation to share damages with or repay
someone else who must pay damages because of the
injury.
AUTHORIZED REPRESENTATIVE DATE
CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
ENDORSEMENT
NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
XLS-0530 (5-15) Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EMPLOYEES’ RETIREMENT INCOME SECURITY ACT EXCLUSION
(E.R.I.S.A.)
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE FORM
The following exclusion is added to SECTION I—COVERAGES, paragraph 2. Exclusions:
Insurance provided under this Coverage Part does not apply to:
Employees’ Retirement Income Security Act
Any obligation of the insured under the Employees ’ Retirement Income Security Act (E.R.I.S.A.), and any amendments thereto or any similar federal, state or local statute.
AUTHORIZED REPRESENTATIVE DATE
CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
ENDORSEMENT
NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
Includes copyrighted material of ISO Properties, Inc., with its permission.
Copyright, ISO Properties, Inc., 2007
XLS-0795 (11-08) Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
KNOWN INJURY OR DAMAGE EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE FORM
The following exclusion is added to paragraph 2. Exclusions:
Insurance provided under this Coverage Part does not apply to:
Known Injury Or Damage
“Injury or damage” arising out of an occurrence, offense or accident which was known to any in- sured prior to the policy period.
For the purposes of this exclusion, “injury or damage” is known if, prior to the policy period, any insured authorized by you to give or receive notice of an occurrence, offense or accident knew that the “injury or damage” had occurred, in whole or in part.
If such insured knew, prior to the policy period that the “injury or damage” occurred, then any con- tinuation, change or resumption of such “injury or damage” during or after the policy period will be deemed to have been known prior to the policy period.
AUTHORIZED REPRESENTATIVE DATE
CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
ENDORSEMENT
NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
Includes copyrighted material of ISO Properties, Inc., with its permission.
Copyright, ISO Properties, Inc., 2007
XLS-0925 (11-08) Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NONOWNED AUTO AND HIRED AUTO LIABILITY EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE FORM
The following exclusion is added to paragraph 2. Exclusions:
Insurance provided under this Coverage Part does not apply to:
Nonowned Auto And Hired Auto Liability
“Injury or damage” arising out of the ownership, maintenance, use, or entrustment to others o f any “nonowned auto” or any “hired auto.” Use includes operation and loading or unloading.
For purposes of this endorsement, the following definitions are added to Section IV—Definitions:
“Nonowned auto” means any auto you do not own, lease, hire, rent or borrow that is used in connection with your business. This includes autos owned by your employees or partners or members of their households while used in your business or your personal affairs. “Hired auto” means any auto you lease, hire, rent or borrow. This does not include any auto you lease, hire, rent or borrow from any of your employees or partners or members of their households.
AUTHORIZED REPRESENTATIVE DATE
CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A CXS407155112/05/2025APENA ENGINEERING040AO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.PROFESSIONAL LIABILITY EXCLUSIONThis endorsement modifies insurance provided under the following:COMMERCIAL EXCESS LIABILITY COVERAGE FORMSCHEDULEDescription of Professional Services:ANY AND ALL PROFESSIONAL SERVICES. / AUTHORIZED REPRESENTATIVE DATE
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
ENDORSEMENT
NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
Includes copyrighted material of ISO Properties, Inc., with its permission.
Copyright, ISO Properties, Inc., 2007
XLS-1370 (11-08) Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EARTH OR LAND MOVEMENT EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE FORM
The following exclusion is added to paragraph 2.
Exclusions:
Insurance provided under this Coverage Part does not
apply to:
Earth Or Land Movement
“Injury or damage” caused, directly or indirectly or in whole or in part, by the movement, in any direction, of earth or land, regardless of:
a. The cause or source of such earth or land
movement;
b. Whether such earth or land movement arises from
natural or man-made forces or causes; or
c. Whether such earth or land movement occurs:
(1) Independently of;
(2) As a result of;
(3) In concurrence or connection; or
(4) In any sequence associated
with any other natural or man- made force s,
causes, events or operations.
Earth or land movement includes, but is not limited to, sub- sidence, settling, sinking, rising, slipping, falling away, cav- ing in, shifting, expanding, contracting, dissolving, eroding, mudflow, sliding, tilting of land or earth, earthquakes, vol- canic eruption and weather.
AUTHORIZED REPRESENTATIVE DATE
CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
ENDORSEMENT
NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
Includes copyrighted material of ISO Properties, Inc., with its permission.
Copyright, ISO Properties, Inc., 2007
XLS-1502 (11-08) Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAR LIABILITY EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE FORM
The following exclusion is added to paragraph 2. Exclusions:
Insurance provided under this Coverage Part does not apply to:
War Liability
Any “injury or damage” however caused, arising, directly or indirectly, out of:
a. War, including undeclared or civil war; or
b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or
c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
AUTHORIZED REPRESENTATIVE DATE
CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
ENDORSEMENT
NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
Includes copyrighted material of ISO Properties, Inc., with its permission.
Copyright, ISO Properties, Inc., 2005
XLS-2318 (11-08) Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
VIOLATION OF STATUTES THAT GOVERN E-MAILS, FAX, PHONE CALLS OR
OTHER METHODS OF SENDING MATERIAL OR INFORMATION EXCLUSION This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE FORM
The following exclusion is added to paragraph 2. Exclusions:
Insurance provided under this Coverage Part does not apply to:
Violation Of Statutes
Any “injury or damage ” arising directly or indirectly out of any action or omission that violates or is alleged to violate:
a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law;
b. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or c. Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information.
AUTHORIZED REPRESENTATIVE DATE
CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Underwritten by Scottsdale Insurance Company ENDORSEMENT NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
XLS-2322 (02-24) Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
UNDERLYING SUBLIMIT COVERAGE EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE FORM
SECTION I—COVERAGES, subsection 1. Insuring Agreement, paragraph b. is deleted and replaced by the following:
b. This insurance applies to “injury or damage” that is subject to an applicable “retained limit.” This insurance does not apply to any “injury or damage” arising out of an “event” that is subject to a “sublimit” under any applicable “controlling underlying insurance.” As used in this endorsement, “sublimit” means a limit of insurance that is less than the Limits of Insurance of the applicable “controlling underlying insurance” as stated on the Schedule of Underlying Insurance.
All other terms, conditions and exclusions remain unchanged.
AUTHORIZED REPRESENTATIVE DATE
CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A CXS407155112/05/2025APENA ENGINEERING040AO
Description And Location Of Operation(s):ALL LOCATIONS AND OPERATIONS IN WHICH A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM HASBEEN PROVIDED BY THE PRIME CONTRACTOR/PROJECT MANAGER OR OWNER OF THE CONSTRUCTIONPROJECT / AUTHORIZED REPRESENTATIVE DATE
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
ENDORSEMENT
NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
XLS-2376 (12-12) Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
HYDRAULIC FRACTURING EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE FORM
The following is added to Paragraph 2. Exclusions of
SECTION I—COVERAGES:
Insurance provided under this Coverage Part does not ap- ply to:
Hydraulic Fracturing
1. “Injury” or “damage”:
a. Arising, in whole or in part, out of any operation
involving substances under pressure being
pumped underground with the objective of cre-
ating fractures in geologic formations to facili-
tate the release and extraction of
hydrocarbons, including, but not limited to, oil
or natural gas. Such operations include, but
are not limited to, “hydraulic fracturing,” “gas
fracking” and/or the actual, alleged, threatened
or suspected contact with, exposure to, exist-
ence of or presence of any “f lowback” or the
handling, transporting, storage, release or dis-
posal of any “flowback” by an insured or by any
other person or entity; or
b. Caused, directly or indirectly or in whole or in
part, by the movement, in any direction, of
earth or land arising in whole or in part, out of
any operation involving substances under
pressure being pumped underground with the
objective of creating fractures in underground
geologic formations to facilitate the release
and extraction of hydrocarbons, including, but
not limited to, oil or natural gas. Such opera-
tions include, but are not limited to, “hydraulic
fracturing” or “gas fracking.”
2. Any loss, cost or expense arising, in whole or in
part, out of the abating, testing for, monitoring,
cleaning up, removing, containing, treating, reme-
diating or disposing of, or in any way responding to
or assessing the effects of “hydraulic fracturing, ”
“gas fracking” or “flowback, ” by any insured or by
any other person or entity.
We will have no duty to settle any claim or defend any “suit” against the insured arising out of or in any way related to items 1. or 2. above.
For purposes of this endorsement, the following definitions apply:
1. “Hydraulic fracturing,” or hydrofracking means the
process by which water, “proppants ,” chemicals
and/or other fluid additives are injected at high
pressure into underground geologic formations to
create fractures, to facilitate the extraction of any
hydrocarbons including but n ot limited to natural
gas and/or oil.
2. “Flowback” means any substance containing re-
turned “hydraulic fracturing” fluid, including but
not limited to water, “proppants,” “hydraulic fractur-
ing” fluid additives; and, any hydrocarbon com-
pounds, salts, conve ntional pollutants, organics,
metals, and naturally occurring radioactive mate-
rial brought to the surface with the water.
3. “Gas fracking” or liquified propane/butane gas frac- turing means the waterless process by which pro-
pane gel and “proppants” are in jected at high
pressure into underground geologic formations to
create fractures, to facilitate the release and ex-
traction of natural gas.
4. “Proppant” means particles that are used to
keep fractures open after a hydraulic fracturing
treatment.
AUTHORIZED REPRESENTATIVE DATE
CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
ENDORSEMENT
NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
XLS-2383 (4-13) Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIMITS ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE PART
The limits available under this policy shall be the limits shown in the Declarations irrespective of “controlling underlying insurance” which might provide for multiple limits of insurance based on multiple locations or multiple projects.
AUTHORIZED REPRESENTATIVE DATE
CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Underwritten by Scottsdale Insurance Company ENDORSEMENT NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
Includes copyrighted material of ISO Properties, Inc., with its permission.
Copyright, ISO Properties, Inc., 2012
XLS-2637 (03-22) Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NEW YORK CONTRACTING OPERATIONS EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE PART
Coverage does not apply to “injury or damage” arising out of any/all New York contracting operations.
AUTHORIZED REPRESENTATIVE DATE
CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Underwritten by Scottsdale Insurance Company ENDORSEMENT NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
Includes copyrighted material of ISO Properties, Inc., with its permission.
Copyright, ISO Properties, Inc., 2012
XLS-2638 (03-22) Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION—SNOW REMOVAL, ICE REMOVAL OR PLOWING OPERATIONS This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following Exclusion is added:
This insurance does not apply to “injury or damage” arising from any activities related to snow removal, ice removal, plowing operations or failure to remove snow or ice.
All other Terms and Conditions of this Policy remain unchanged.
AUTHORIZED REPRESENTATIVE DATE
CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Underwritten by Scottsdale Insurance Company ENDORSEMENT NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
Includes copyrighted material of ISO Properties, Inc., with its permission.
Copyright, ISO Properties, Inc., 1996
XLS-2642 (03-22) Page 1 of 3
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION—WORK IN THE STATE OF NEW YORK
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following exclusion is added to paragraph 2. Exclusions of SECTION I—COVERAGES:
a. This insurance does not apply to “injury or damage” arising out of all ongoing operations conducted at any “location” in the state of New York, regardless of whether such operations are conducted by you or on your behalf or whether the operations are conducted for yourself or for others. b. This insurance does not apply to “injury or damage“ included in the “products-completed operations hazard” and arising out of “your work” performed at any “location” in the state of New York.
For the purposes of this endorsement the following definitions apply:
1. “Auto” means:
a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any at- tached machinery or equipment; or
b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged.
However, “auto” does not include “mobile equipment.”
2. “Loading or unloading” means the handling of property:
a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or “auto”;
b. While it is in or on an aircraft, watercraft or “auto”; or c. While it is being moved from an aircraft, watercraft or “auto” to the place where it is finally delivered; but “loading or unloading” does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or “auto.”
3. “Location” means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.
4. “Mobile equipment” means any of the following types of land vehicles, including any attached machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Includes copyrighted material of ISO Properties, Inc., with its permission.
Copyright, ISO Properties, Inc., 1996
XLS-2642 (03-22) Page 2 of 3
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self -propelled or not, maintained primarily to provide mobility to permanently mounted:
(1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are main- tained primarily to provide mobility to permanently attached equipment of the following types:
(1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geo- physical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo.
However, self-propelled vehicles with the following types of permanently attached equipment are not “mobile equipment” but will be considered “autos”:
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning;
(2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and
(3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geo- physical exploration, lighting and well servicing equipment.
However, “mobile equipment” does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered “autos.”
5. “Products-completed operations hazard”:
a. Includes all “injury or damage” occurring away from premises you own or rent and arising out of “your product” or “your work” except:
(1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, “ your work” will be deemed completed at the earliest of the following times:
(a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site.
(c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project.
Work that may need service, maintenance, correction, repair or replacement, but which is oth- erwise complete, will be treated as completed.
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Includes copyrighted material of ISO Properties, Inc., with its permission.
Copyright, ISO Properties, Inc., 1996
XLS-2642 (03-22) Page 3 of 3
b. Does not include “injury or damage” arising out of:
(1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the “loading or un- loading” of that vehicle by any insured; or
(2) The existence of tools, uninstalled equipment or abandoned or unused materials.
6. “Your product”:
a. Means:
(1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products.
b. Includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of “your product”; and
(2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold.
7. “Your work”:
a. Means:
(1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of “your work”; and
(2) The providing of or failure to provide warnings or instructions.
AUTHORIZED REPRESENTATIVE DATE
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Underwritten by Scottsdale Insurance Company ENDORSEMENT NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
Includes copyrighted material of ISO Properties, Inc., with its permission.
Copyright, ISO Properties, Inc., 2012
XLS-2661 (06-22) Page 1 of 2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PFC/PFAS EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE PART
A. The following exclusion is added to Paragraph 2. Exclusions of SECTION I—COVERAGES:
Insurance provided under this Coverage Part does not apply to:
“PFC/PFAS”
a. “Injury or damage” which would not have occurred, in whole or in part, but for the actual, alleged, threatened or suspected inhalation, ingestion, absorption or consumption of, contact with, exposure to, existence of, or presence of, any “PFC/PFAS”; or
b. Any loss, cost or expense arising out of, in whole or in part, the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, “ PFC/PFAS” by any insured or by any other person or entity.
This exclusion applies regardle ss of whether any other cause, event, material, substance, good or product contributed concurrently or in any sequence to such “injury or damage.” This exclusion also applies regardless of whether any “PFC/PFAS” is contained, used, included, involved or incorporated intentionally, accidentally or unknowingly in or on a good or product, component part of a good or product, or otherwise by any insured or by any other person or entity. This exclusion applies regardless of whether the inhalation, ingestion, absorption or consumption of, contact with, exposure to, existence of, or presence of any “PFC/PFAS” occurs within or outside any building or other structure.
B. The following definition is added to SECTION IV—DEFINITIONS :
“PFC/PFAS” means:
a. Any fluorosurfactant, perfluorinated chemical or compound, or perfluoroalkyl or polyfluoroalkyl sub- stance, including but not limited to any per - or polyfluorinated acid (including, without limitation, perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and per - and polyfluorether carboxylic acids), per - or polyfluorinated sulfonamide, per - or polyfluorinated iodide, per - or polyfluorinated aldehyde, per- or polyfluorinated sulfonyl fluoride, per - or polyfluorinated fluorote- lomer substance or per- or polyfluorinated sulfonamido substance; or b. Any perfluoroalkane or polyfluoroalkane substance, including but not limited to carbon tetrafluoride, perfluorooctane, and perfluoro-2-methylpentane; or
c. Any fluorinated polymers, including but not limited to fluoropolymers, perfluoropolyethers and side- chain-fluorinated polymers; or
CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Includes copyrighted material of ISO Properties, Inc., with its permission.
Copyright, ISO Properties, Inc., 2012
XLS-2661 (06-22) Page 2 of 2
any of the associated homologues, isomers, salts, esters, alcohols, acids, precursor chemicals and derivatives, and related degradation or by-products of any such constituent.
The addition of this endorsement does not imply that other policy provisions, including but not limited to any pollution exclusion, do not exclude coverage for “PFC/PFAS”-related injury, damage, loss, cost or expense.
All other conditions and provisions of the policy remain unchanged by this endorsement.
AUTHORIZED REPRESENTATIVE DATE
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A Underwritten by Scottsdale Insurance Company ENDORSEMENT NO.
ATTACHED TO AND
FORMING A PART OF
POLICY NUMBER
ENDORSEMENT EFFECTIVE DATE
(12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO.
XLS-2704 (01-24) Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
UNDERGROUND UTILITY ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE PART
The following condition is added to SECTION III—CONDITIONS:
Underground Utility Locator Service
It is a condition to the coverage afforded by this policy that before the insured commences any digging, excavation, boring or underground or similar work:
1. A local locator service must come to the job site and correctly mark the location of all underground lines, pipes, cables and underground utilities; and
2. The insured must obtain a written response from the locator service and any digging, excavation, boring or underground or similar work must be completed during the time the locator ticket is in effect.
This insurance does not apply to any damages, suits , claims, losses, costs or expenses arising out of such operations when the insured has failed to comply with the conditions noted herein.
All other terms and conditions of this policy remain unchanged.
AUTHORIZED REPRESENTATIVE DATE
CXS407155112/05/2025APENA ENGINEERING040AO
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
3/3/2026
R. C. Fischer & Co.
P.O. Box 8101
Walnut Creek CA 94596
Jenirae Hitosis
925-627-5458
925-932-0962
[email protected]
License#: 0142335
Wesco Insurance Company
25011
APENCON-01
California Automobile Insurance Company
38342
APENA Engineering
207 Oakes Blvd
San Leandro CA 94577
Colony Insurance Company
39993
National Specialty Insurance Company
22608
Scottsdale Insurance Company
41297
1036444727
C
X
1,000,000
X
100,000
X
SIR $0
5,000
1,000,000
2,000,000
X
Y
Y
600GL022065200
11/12/2025
11/12/2026
2,000,000
B
1,000,000
X
X
X
Y
BA040000093880
5/28/2025
5/28/2026
E
X
2,000,000
X
CXS4071551
12/5/2025
11/12/2026
2,000,000
X
0 A
X
Y
WWC3815722
11/20/2025
11/20/2026
1,000,000
1,000,000
1,000,000
D
POLLUTION
PROFESSIONAL LIABILITY
SF25ECPU00668NC
12/5/2025
12/5/2026
EACH INCIDENT / AGG
EACH INCIDENT / AGG
Effective 3-3-26
$1M / $1M
$1M / $1M
$2M / 2M
RE: Job #260- Shell Gate and Willow Outfalls
The City of Alameda, its City Council, boards, commissions, officials, employees, agents and volunteers are named as additional insureds per CG20101219 & MCA20480711. Insurance is primary per CG20011219. Waiver of subrogation applies per CG24041219 & WC0403060484.
City of Alameda Public Works
950 W Mall Square
Alameda, CA 94501
THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A 3/4/2026
POLICY NUMBER: BA040000093880
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 POLICY NUMBER: 600 GL 0220652-00 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Any person or organization required to be included as
an Additional Insured on this policy pursuant to written contract with the Named Insured, that is fully executed prior to the commencement of the work that is called
for in the contract. Where no coverage under this policy shall apply for the Named Insured, no coverage or
defense shall be afforded to the Additional Insured.
All locations as required by written contract with the
Named Insured.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
600 GL 0220652-00
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
600 GL 0220652-00
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1
PRIMARY AND NONCONTRIBUTORY –
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional ins ured under your policy provided
that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
600 GL 0220652-00
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: 600 GL 0220652-00 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
SCHEDULE
Name Of Person(s) Or Organization(s):
Any person or organization required to be included as an Additional Insured on this policy pursuant to written contract with the Named Insured, that is fully executed prior to the commencement of the work that is called for in the contract. Where no coverage under this policy shall apply for the Named Insured, no coverage or defense shall be afforded to the Additional Insured.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:
We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organization(s) shown in the Schedule above.
600 GL 0220652-00
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84)
Schedule
Person or Organization Job Description
Any person or organization as required by written contract.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 11/20/2025 Policy No. WWC3815722 Endorsement No. 0 Insured APENA CONSTRUCTION INC Premium $ 8,490
Insurance Company Wesco Insurance Company
Countersigned by
WC 04 03 06
(Ed. 04-84)
Docusign Envelope ID: 86B030F6-4E36-45A8-ACBA-69549DCFAC5A