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FD Fire St. Apparatus Bay Heater Unit Upgrade Proj. 11254City of San Rafael ♦ California Form of Contract Agreement for Informal Bids for Fire Station Apparatus Bay Heater Unit Upgrade Project City Project No. 11254 This Agreement is made and entered into this %0 day of FOw�lwl 2015 by and between the City of San Rafael (hereinafter called City) and 0006* i Wux ; W— (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work described in the specifications for the project entitled: Fire Station Apparatus Bay Heater Unit Upgrade Project, City Project No. 11254, all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which are hereby made a part of this Agreement. The Contractor further agrees to provide the insurance as specified in the Insurance Requirements Sheet attached hereto as Attachment A. The liability insurance provided to City by Contractor under this contract shall be primary and excess of any other insurance available to the City. II- Time of Completion (a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING DAYS after the date of written notice by the City to the Contractor to proceed. (b) All work shall be completed, including all punchlist work, within TWENTY (20) WORKING DAYS and with such extensions of time as are provided for in the General Conditions. III - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed by the date set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $250 for each and every working day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. IV - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. NO. ITEM QUANTITY UNITS UNIT PRICE TOTAL PRICE 1. Upgrade Fire Station lieaters 1 1 'u' $ 19,992.00$ 19,992.00 ................ ....................................... TOTAL BASE BID $19,992.00 V - Progress Payments (a) On no later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor . (b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department. (c) The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, shall be paid to the Contractor by the City as soon as possible, provided Contractor has provided evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bod satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (b) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. CITY OF SAN RAFAEL: CONTRACTOR: fader Mansourian Public Works Director for B' A—Paan Conau;anors IndemnAy Campany 6D1 S F'ilp,Ioln 5111101 Si erla 160,7„ L. 's 111q"ge, Q td nm? I"M 7 M,1111 N1 b49 01;Q0 fatAnkc, PO 64q 006 Public Works — Performance Bond No. 1001030743 Premium: $ 600. 00 KNOW ALL MEN BY THESE PRESENTS, That we, BIGHAM SERVICES, INC. DBA: ONE HOUR HEATING & AIR CONDITIONING , as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California, and authorized to transact a general surety business in the State of CA , as Surety, are held and firmly bound unto CITY OF SAN RAFAEL , as Obligee, in the sum of NINETEEN THOUSAND NINE HUNDRED AND TWO Dollars ($ 19,992.00 ), lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the above -bounden Principal has entered into a contract dated JANUARY 22, 2015 with said Obligee to do and perform the following work, to wit: FIRE STATION APPARATUS BAY HEATER UNIT UPGRADE PROJECT NOW, THEREFORE, if the above -bounden Principal shall well and truly perform or cause to be performed, "the works under the contract," then this bond shall be null and void; otherwise it shall remain in full force and effect. Signed, sealed and dated this 22ND day of JANUARY , 2015 BIGHAM SERVICES INC. DBA: ONE HOUR HEATING & AIR CONDITIONING AMERICAN CONTRACTORS INDEMNITY COMPANY Principal By CINDY BETH Attorney -in -Fact HCCSZZ20004+10 N HCC t�m i18T ascan Otpyntraactars IlSrJd' mnity C aBP9CSt y oul w. Fi\°i il,?ff�c: S'A'C ' "rUltl.r.° 1600, �'n:eYdYgwk'ti" Cnl f41 nia 1-0017 Maici '106001"o 9,rasao-rorila ;td) G °'Y CF4roS� Bond No. 1001030743 Premium: $ INCLUDED IN PublicWorks— Payment PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, B I G H A M SERVICES INC. DBA: ONE HOUR HEATING & AIR CONDITIONING , as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a Corporation organized and existing under the laws of the State of California, and authorized to transact a general surety business in the State of CA , as Surety, are held and firmly bound unto CITY OF SAN RAFAEL , as Obligee, in the sum of NINETEEN THOUSAND NINE HUNDRED AND TWO Dollars ($ 19,992.00 ), lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the above -bounden Principal has entered into a contract dated JANUARY 22, 2015 with said Obligee to do and perform the following work, to wit: FIRE STATION APPARATUS BAY HEATER UNIT UPGRADE PROJECT NOW, THEREFORE, if the above -bounden Principal shall faithfully pay all laborers, mechanics, subcontractors, materialmen and all persons who shall supply such person or persons, or subcontractors, with materials and supplies for the carrying on of such work, then this bond shall be null and void; otherwise it shall remain in ful force and effect. Signed, sealed and dated this 22ND day of JANUARY BIGHAM SERVICES INC. DBA: ONE HOUR HEATING & AIR CONDITIONING Principa By v , 2015 AMERICAN CONTRACTORS INDEMNITY COMPANY CINDY BETH Attorney -in -Fact HCCSZZ81 I B04, 10 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: James Schieffer or Cindy Beth of Healdsburg, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to -include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Five Hundred Thousand***** Dollars ($ **500;000.00** ), This Power of Attorney shall expire without further action on December 08, 2016. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attor•nev-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknoHledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages andlor final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attome) or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 10th day of December, 2012. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals -Y o•,PS,CTORJ gip, ` 5'sll� • ,` � ln5uq,,, o, la4 SEPT ,3.1f90 . i iZ � i `� :• � rs Daniel P. Aguilar, Vice President State of California County of Los Angeles SS: On 10th day of December, 2012, before me, Vanessa Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 14.. V. WR 1 Commission 0 1996319 sWk Signature �( `J J - (Seal) i NotuyP- cametola Las Angeles County My Comm. Expires Ose 6. 2016 I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this _.2.2ND,. day of JANUARY ,2015 Corporate Seals ,oOV, T0RS�cti 5 suRFl, . �',ainsw'a ;•o,,,,, Bond No. 1001030743 ">__ =o ;W Jeannie Lee, ssistant Secretary Agency No. 2168 SE., s a ,:n;:, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document STATE OF CeI t Turn a c ) COUNTYOF Sconvma 1 On — I l.S before me, jan*S x� ,e T aP, No Ai/4personally appeared Ca n § �twh-11 who proved to me on the basis of satisfactory evidence to be the per on(s) ose 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. JAMES SCHIEFFER16 COMM. #1956111 m NOTARY PUBLIC - CALIFORNIA W SONOMA COUWY My Comm. Expims Nov. & 2015 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITN my hand and fi iallo 1. (Si ure of Notary Public) �t CERTIFICATE OF LIABILITY INSURANCEDATE .A_CORD. 01/21/2015 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ARTHUR E SCHIEFFER & SON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 338 Center Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O.Box 515 INSURERS AFFORDING COVERAGE Healdsburg CA 95448 - INSURED I INSURER FINANCIAL PACIFIC INSURANCE COMPANY BIGHAM SERVICES INC, DBA ONE HOUR HEATING & AIR IINSURER BALLIED /NATIONWIDE CONDITIONING, MISTER SPARKY IINSURERcTOPA INSURANCE COMPANY 1400 PETALUMA HILL ROAD IINSURER SANTA ROSA CA 95404- IINSURER COVERAGES 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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE (MM/DD/YYI DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY 60416643 09/01/2014 09/01/2015 EACHOCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 50,000 =CLAIMS MADE a OCCUR / / / / MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER I PRODUCTS - COMP/OP AGG $ 2,000,000 JEC POLICY I I LOC B At TOMOBILE LIABILITY ACP7835064523 06/15/2014 06/15/20151 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS / / / / BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS / / / / I BODILY INJURY X NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT I $ ANY AUTO / / / / I OTHER THAN EA ACC Is AUTO ONLY: AGG Is C EXCESS LIABILITY XL6604756 09/01/0203 09/01/20141 EACH OCCURRENCE Is 2,000,000 X] OCCUR E� CLAIMS MADE I AGGREGATE I$ 2,000,000 Is DEDUCTIBLE / / / / I Is RETENTION $ I Is COMPENSATION AND I IOLITI IEEMPLOYERS R TRY IMS E L EACH ACCIDENT Is EL DISEASE - EA EMPLOYEEI $ E L. DISEASE -POLICY LIMIT I$ OTHER B AUTO PHYSICAL DAMAGE ACP7835064523 06/15/2014 06/15/2015 COMPREHENSIVE DED 500 COLLISION DEDUCTIBLE 1,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THE CITY, ITS OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY PER ATTACHED FORMS. CERTIFICATE HOLDER I X I ADDITIONAL INSURED; INSURER LETTER: CITY OF SAN RAFAEL P.O. BOX 151560 SAN RAFAEL A ORD 25-S (7/97) ,, INS026S (9910) 01 CA 94915-1560 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTH jq R F TA7y E ELECTRONIC LASER FORMS, INC. - (800)327-0545 © ACORD CORPORATION 1988 Page 1 of 2 POLICY NUMBER: 60416643 CG 20 10R 12 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (WITH LIMITED COMPLETED OPERATIONS COVERAGE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART BUSINESSOWNERS COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION Any person or organization to whom or to which the named insured is obligated by a virtue of a written contract to provide insurance that is afforded by this policy. Where required by contract, the officers, officials, employees, directors, subsidiaries, partners, successors, parents, divisions, architects, surveyors and engineers are included as additional insureds. All other entities, including but not limited to agents, volunteers, servants, members and partnerships are included as additional insureds, if required by contract, only when acting within the course and scope of their duties controlled and supervised by the primary (first) additional insured. If an Owner Controlled Insurance Program is involved, the coverage applies to off- site operations only. If the purpose of this endorsement is for bid purposes only, then no coverage applies. WHO IS AN INSURED: (Section II) This section is amended to include as an insured the person or organization within the scope of the qualifying language above, but only to the extent that the person or organization is held liable for your acts or omissions in the course of "your work" for that person or organization by or for you. The "products - completed operations hazard" portion of the policy coverage as respects the additional insured does not apply to any work involving or related to properties intended for residential or habitational occupancy (other than apartments). This clause does not affect the "products - completed operations" coverage provided to the named insured(s). WAIVER OF SUBROGATION: We waive any right of recovery, when required by written contract, that we may have against the person or organization within the scope of the qualifying language above because of payments we make for injury. LOCATION OF JOB: The job location must be within the State of domicile of the named insured, or within any contiguous State thereto. DESCRIPTION OF WORK: The type of work performed must be that as described under classifications in the CGL Coverage Part Declarations. PRIMARY CLAUSE: When this endorsement applies and when required by written contract, such insurance as is afforded by the general liability policy is primary insurance and other insurance shall be excess and shall not contribute to the insurance afforded by this endorsement. EXCLUSION This insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of an architect's, engineer's or surveyor's rendering or failure to render any professional services, including: 1. The preparing, approving, or failing to prepare or approve, maps, designs, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. Endorsement EFFECTIVE DATE: SEE DEC Endorsement EXPIRATION DATE: SEE DEC CG 2010R 1211 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission 1308 10-01-2014 fPOLICY NUMBER: 60418966 COMMERCIAL GENERAL LIABILITY SUPPLEMENTAL DECLARATIONS - ADDITIONAL INSUREDS Schedule of Additional Insureds Premium OWNERS, LESSEES OR CONTRACTORS (LIMITED COMPLETED OPERATIONS COVERAGE) 739 CG201OR— —CALIFORNIA ENDORSEMENT EFFECTIVE FROM: 10/01/2014 TO: 10/01/2015 THIS ENDORSEMENT APPLIES TO THE FOLLOWING CLASSES ON THE POLICY 21342 COMMERCIAL CARPENTRY 21560 COMMERCIAL CONCRETE CONSTRUCTION 21585 COMM CONTRACTORS—SUBCONTRACTED BUILDING CONSTRUCTION 22338 COMMERCIAL DRYWALL/WALLBOARD INSTALLATION 22478 COMMERCIAL ELECTRICAL WORK — WITHIN BUILDINGS 28304 COMM PAINTING—EXTERIOR—BLDGS STRUCTURES -3 STORIES OR LESS 29746 COMM TILE STONE MARBLE MOSAIC TERRAZZO WORK—INTERIOR CONST 91340 CARPENTRY—CONST OF RESIDENTIAL PROP NOT EXCEEDING 3 STORIES 91560 RESIDENTIAL CONCRETE CONSTRUCTION 91583 CONTRACTORS—SUBCONTRACTED WORK ONE OR TWO FAMILY DWELLINGS 91590 CONTRACTORS PERMANENT YARDS— EQUIP MAINTENANCE INCL PR/CO 92338 RESIDENTIAL DRYWALL/WALLBOARD INSTALLATION 92478 RESIDENTIAL ELECTRICAL WORK— WITHIN BUILDINGS 98304 RESIDENTIAL PAINTING—EXTERIOR BLDGS-3 STORIES OR LESS 98482 PLUMBING—COMMERCIAL AND INDUSTRIAL 98483 PLUMBING—RESIDENTIAL OR DOMESTIC 99746 RESIDENTIAL TILE/STONE/MARBLE MOSIAC/TERRAZZO—INTERIOR CONST CG 7154 0107 COMMERCIAL AUTO CA 20 01 12 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective 1-21-15 Named Insured Countersigned By BIGHAM SERVICES INC _ _ (Authorized Representative) SCHEDULE Insurance Company ALLIED INSURANCE Policy Number ACP7835064523 Effective Date 6-15-2014 Expiration Date 6-15-2015 Named Insured BIGHAM SERVICES INC Address 1400 PETALUMA HILL ROAD, SANTA ROSA, CA 95404 Additional Insured (Lessor) CITY OF SAN RAFAEL, ITS OFFICERS, EMPLOYEES, AGENTS & VOLUNTEERS Address P.O. BOX 151560 SAN RAFAEL, CA 94915-1560 Designation or Description of Leased "Autos" PER SCHEDULE ON FILE. Primary Clause: It is understood and agreed that this insurance is primary insurance and any other insurance maintained by the additional insured shall be excess only and not contributing with this insurance, but only with respects to liability arising out of "your work" for that insured by or for you. Cancellation Clause: It is hereby understood and agreed there will be no cancellation, reduction or modification of coverage without (30) days prior written notice. Waiver of Subro ate ion: If required by written contract or agreement; we waive the right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. CA 20 01 120 93 (MODIFIED) Includes copyrighted material of Insurance Services Office, Inc., with its permission