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HomeMy WebLinkAboutSports Facilities Group Inc; 2025-03-24; PR-MPW-25001RTracking #: SPORTSONIC II RECEIVER KIT INSTALLATION CALAVERA GYM CONT. NO. PR-MPW25001R Page 1 City Attorney Approved 6/5/2024 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT SPORTSONIC II RECEIVER KIT INSTALLATION CALAVERA GYM; CONT. NO. PR-MPW25001R This contract is made on the ______________ day of _________________________, 20__ , by the City of Carlsbad, California, a municipal corporation ("City") and Sports Facilities Group, Inc., a California corporation whose principal place of business is PO Box 7024, Riverside, CA 92503 ("Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, as contained in the Standard General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE.Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by Kevin Gohres (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. PREVAILING WAGE RATES. Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Contract California Labor Code Section 1720 et seq., and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773 and 1773.1 of the California Labor Code. Consistent with the requirement of Section 1773.2 of the California Labor code, a current copy of applicable wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Contract. Contractor and any subcontractors shall comply with Tracking #: SPORTSONIC II RECEIVER KIT INSTALLATION CALAVERA GYM CONT. NO. PR-MPW25001R Page 2 City Attorney Approved 6/5/2024 Section 1776 of the California Labor Code, which requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Labor Code Section 1776. DIR REGISTRATION. California Labor Code Section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Contract to be currently registered with the California Department of Industrial Relations DIR , as specified in Labor Code Section 1725.5. Labor Code Section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Contract, Contractor must furnish the City with the subcontractor or subconsultant's current DIR registration number. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATION. vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. CALIFORNIA AIR RESOURCES BOARD (CARB) IN-USE OFF-ROAD DIESEL FUELED FLEETS REGULATION. Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. More information about the requirements and is provided in Exhibit D. CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System. This project may (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non- productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, Tracking #: SPORTSONIC II RECEIVER KIT INSTALLATION CALAVERA GYM CONT. NO. PR-MPW25001R Page 3 City Attorney Approved 6/5/2024 specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this Contract and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five (5) years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ___________________________________ Print Name: ___________________________________ REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2,000,000 Automobile Liability Insurance in the amount of $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance Tracking #: SPORTSONIC II RECEIVER KIT INSTALLATION CALAVERA GYM CONT. NO. PR-MPW25001R Page 4 City Attorney Approved 6/5/2024 of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- be limited in any manner. The above policies shall have non-cancellation clauses providing that 30 days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. the California Labor Code. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the arbitration, or other dispute resolution method. THIRD PARTY RIGHTS. Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. JURISDICTION AND VENUE.This Agreement shall be interpreted in accordance with the laws of the State of California. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Contractis San Diego County, California. Start Work: Contractor agrees to start within sixty (60) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within one (1) working days after receipt of Notice to Proceed. Tracking #: SPORTSONIC II RECEIVER KIT INSTALLATION CALAVERA GYM CONT. NO. PR-MPW25001R Page 5 City Attorney Approved 6/5/2024 Sports Facilities Group, Inc. PO Box 7024 (name of Contractor) 676578 (street address) Riverside, CA, 92503 license number) C45, C61, D34 8/31/2026 (city/state/zip) 951-566-4563 (license class. and exp. date) 1000002632 6/30/2025 (telephone no.) justinf@sportsfacilitesgroup.com (DIR registration number/exp. date)(e-mail address) AUTHORITY. The individuals executing this Contract and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Contract. [signatures on following page] Tracking #: SPORTSONIC II RECEIVER KIT INSTALLATION CALAVERA GYM CONT. NO. PR-MPW25001R Page 6 City Attorney Approved 6/5/2024 CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California Sports Facilities Group, Inc., a California Corporation By: By: (sign here) Parks & Recreation Director Grant Warner, CEO (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Gina Warner, CFO Deputy City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Contract must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy / Assistant City Attorney Tracking #: SPORTSONIC II RECEIVER KIT INSTALLATION CALAVERA GYM CONT. NO. PR-MPW25001R Page 7 City Attorney Approved 6/5/2024 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each subcontractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each subcontractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Type of Work to be Subcontracted Business Name and Address DIR Registration No. & Expiration Date License No., Classification & Expiration Date % of Total Contract Total % Subcontracted: _______________ The Contractor must perform no less than 50% of the work with its own forces. Tracking #: SPORTSONIC II RECEIVER KIT INSTALLATION CALAVERA GYM CONT. NO. PR-MPW25001R Page 8 City Attorney Approved 6/5/2024 EXHIBIT B SCOPE OF WORK Sports Facilities Group to provide and install new wireless receivers in the gymnasium at Calavera Hills Park for the City of Carlsbad. Provide and install 4ea. new Porter Sportsonic II Receiver Kits on the 4 ea. side court basketball structure height adjusters. Connect each unit to the height adjuster locations. Set the radio channels and test the system for proper operation. NOTE: The City of Carlsbad or others responsible for providing constant 110 volts to the height adjuster locations. Total cost not to exceed $6,885.06 *Includes taxes, fees, expenses and all other costs. Parts/Equipment Quote #: 24152Date: 02-04-2025 Expires: 03-06-2025Terms: Net 30 Contractors License# 676578PO Box 7024Riverside, CA 92503 DIR# 1000002632Toll Free:866-311-7344(SFGI)Fax: 951-637-8406 Quoted By: David Truxawdavidt@sportsfacilitiesgroup.com Bill To Accounts Payable City of Carlsbad 1635 Faraday Ave Chula Vista, CA 91910 Ph: 442-339-5024 kevin.gohres@carlsbadca.gov Ship To Kevin Gohres Recreation Area Manager Calavera Community Park 2997 Glasgow Dr. Carlsbad, CA 91914 Ph: 442-339-5024 kevin.gohres@carlsbadca.gov Description of Work Sports Facilities Group to provide and install new wireless receivers in the gymnasium at Calavera Hills Park for the City of Carlsbad. # Qty SKU Options Product Name Unit Price Extended 1. 4 12002200 SPORTSONIC II RECEIVER KIT 675.00 2,700.00 Installation Provide and install 4ea. new Porter Sportsonic II Receiver Kits on 4 ea. height adjusters. Connect each unit to the height adjuster locations. Set the radio channels and test the system for proper operation. NOTE:The City of Carlsbad or others responsible for providing constant 110 volts to the height adjuster locations. * Lift Rental Included in the Labor Cost * Prevailing Wage Rates Labor $3,895.00 Parts $2,700.00 Delivery $75.00 Tax $215.06 Total $6,885.06 Tracking #: SPORTSONIC II RECEIVER KIT INSTALLATION CALAVERA GYM CONT. NO. PR-MPW25001R Page 9 City Attorney Approved 6/5/2024 EXHIBIT D In-Use Off-Road Diesel-Fueled Fleet Regulation Requirements CARB implemented amendments to the In-Use Off-Road Diesel Fueled Fleets Regulations that apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. More information about the requirements can be found at https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled-fleets-regulation Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. The City is a Public Works Awarding Body as that term is defined under Title 13 California Code of Regulations Section 2449(c)(46). Accordingly, the Contractor must submit, with their pre-award contract documents, valid CertificatesofReported Compliance (CRC) for the Contractor any listed subcontractors (including any applicable leased equipment or vehicles). Failure to provide a valid CRC, will to proceed with awarding this Contract. Contractor has an on-going obligation for term of well as all listed subcontractors,most recent CRC issued by CARB. Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection including, without limitation, CRC, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation Tracking #: SPORTSONIC II RECEIVER KIT INSTALLATION CALAVERA GYM CONT. NO. PR-MPW25001R Page 10 City Attorney Approved 6/5/2024 EXHIBIT D (CONT.) IN-USE OFF-ROAD DIESEL-FUELED FLEET REGULATION CERTIFICATION Contractor hereby acknowledges that they have reviewed the policies,rules and regulations and are familiar with the requirements of In-Use Off-Road Diesel-Fueled Fleet Regulation. Contractor hereby certifies, subject to the penalty ofperjury, that the option checked below relating to the Contractor fleet, and/or that of their The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. The Fleet is exempt from the Regulation under Section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. Contractor and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to Section 2449.1(f)(3). Contractor shall keep detailed records describing the normal refuelingmethods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids). The Fleet is exempt from the requirements of the Regulation pursuant to Section 2449(i)(4) Contractor shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to Section 2449(i)(4). The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is attached to this certification. Name of Contractor: Sports Facilities Group, Inc. Signature: Name: Grant Warner Title: CEO Date: ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A(Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: 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 onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 12/3/2024 License # 0757776 (951) 779-8763 (951) 231-2572 35351 Sports Facilities Group, Inc.P. O. Box 7024 Riverside, CA 92513-7024 44393 35076 A 1,000,000 X PL264489306 12/1/2024 12/1/2025 500,000 BI/PD Ded: $2,500 20,000 1,000,000 2,000,000 2,000,000 MAX AGG ALL PRO 5,000,000 1,000,000B BAW57473654 12/1/2024 12/1/2025 Comp Ded $500 Coll Ded $1,000 2,000,000A XS264489406 12/1/2024 12/1/2025 2,000,000 0 C 911872024 12/1/2024 12/1/2025 1,000,000Y1,000,000 1,000,000 Insured's Business Location: 6650 Doolittle Ave Riverside CA 92503. Excess Liability policy follows underlying policies of GL, Auto & WC RE: Operations of the named insured during the policy term. City of Carlsbad is Additional Insured with regard to General Liability when required by written contract per the attached endorsement form ESG3206 (Ed. 01/16). City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 SPORFAC-04 SGONZALEZ HUB International Insurance Services Inc.PO Box 5345Riverside, CA 92517 Gail Schrenk cal.cpu@hubinternational.com Great American Risk Solutions Surplus lines Insurance Company West American Insurance Co State Compensation Insurance Fund of California X X X X X X X X X X X X X RSG 7268 (Ed. 01/23) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RSG 7268 (Ed. 01/23)(Page 1 of 10) SPECIALTY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This is a summary of the various additional coverages and coverage modifications provided by this endorsement. For complete details on specific coverages, consult the Policy wording. Coverage Limit of Insurance Page Non-Owned Aircraft Included 2 Non-Owned Watercraft Included 2 Medical Payments Increased Limits $20,000 2 Who Is An Insured: Broadened Named Insured Included 3 Who Is An Insured: Fellow Employee Included 3 Who Is An Insured: Newly Formed or Acquired Organizations Included 3 Knowledge of Occurrence, Claim, or Suit Included 4 Unintentional Errors or Omissions Included 4 Personal and Advertising Injury Amendment of Discrimination or Humiliation Included 4 Incidental Malpractice Liability Included 4 Additional Insured: Owners, Lessees, or Contractors Included 5 Additional Insured: Managers or Lessors of Premises Included 6 Additional Insured: Vendors Included 7 Additional Insured: Primary and Non-Contributory Extension Included 8 Damage to Premises Rented to You (Fire, Lightning, or "Explosion")$500,000 8 Waiver of Subrogation Included 9 Property Damage – Elevators Included 9 Contractual Liability for Railroad Exposures Included 10 Supplementary Payments: Bail Bonds $2,500 10 Supplementary Payments: Loss of Earnings $500 10 Amended Bodily Injury Definition Included 10 Sports Facilities Group, Inc. 12-1-202 - 12-1-202 SPECIALTY PLUS ENDORSEMENT Additional Insured: Owners, Lessees,or Contractors Additional Insured:Managers or Lessors of Premises Additional Insured:Primary and Non-Contributory Extension Waiver of Subrogation RSG 7268 (Ed. 01/23) (Page 2 of 10) A. Non-Owned Aircraft Under paragraph 2. Exclusions of SECTION I – COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, exclusion g. Aircraft, Auto or Watercraft does not apply to an aircraft provided: 1. it is not owned by any insured; 2. it is hired, chartered, or loaned with a trained paid crew; 3. the pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating him or her a commercial or airline pilot; and 4. it is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the Insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this Policy), contingent, or on any other basis, that would also apply to the loss covered under this provision. B. Non-Owned Watercraft Under paragraph 2. Exclusions of SECTION I – COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, subparagraph (2) of exclusion g. Aircraft, Auto or Watercraft is replaced by the following: (2) a watercraft you do not own that is: (a) less than 55 feet long; and (b) not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply to watercraft 27 to 55 feet long if there is available to the Insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this Policy), contingent, or on any other basis, that would also apply to the loss covered under this provision. C. Medical Payments Increased Limits Unless Coverage C - Medical Payments, or exclusion f. Products-Completed Operations Hazard under paragraph 2. Exclusions of Coverage C - Medical Payments has been excluded from this Policy, the following applies: 1. Under paragraph 2. Exclusions of SECTION I - COVERAGES, Coverage C - Medical Payments, exclusion f. Products-Completed Operations Hazard is replaced by the following: f. Products-Completed Operations Hazard Included within the "products-completed operations hazard". However, this exclusion does not apply to expenses for dental services. 2. The Medical Expense Limit in paragraph 7. of SECTION III - LIMITS OF INSURANCE is replaced by the following Medical Expense Limit: The Medical Expense Limit provided by this Policy shall be the greater of: a. $20,000; or b. the amount shown in the Declarations for Medical Expense Limit. RSG 7268 (Ed. 01/23) (Page 3 of 10) This provision 7. is subject to all the terms of SECTION III - LIMITS OF INSURANCE. D. Who Is An Insured: Broadened Named Insured Under SECTION II - WHO IS AN INSURED, the following item 2.e. is added: e. Any subsidiary, including a subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a Named Insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its Limits of Insurance. E. Who Is An Insured: Fellow Employee The following is added to paragraph 2.a.(1) of SECTION II - WHO IS AN INSURED: Paragraph (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by a co- "employee" while in the course of his or her employment or performing duties related to the conduct of your business. However, none of these co-"employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", caused in whole or in part by their intoxication by liquor or controlled substances. Paragraph (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, including the direct supervision of other "employees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", caused in whole or in part by their intoxication by liquor or controlled substances. This coverage is excess over any other valid and collectible insurance available to your "employee" or "volunteer worker." F. Who Is An Insured: Newly Formed or Acquired Organizations Paragraph 3. of SECTION II - WHO IS AN INSURED is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. coverage under this provision is afforded only until the next occurring annual anniversary of the beginning of the policy period shown in the Declarations, or the end of the policy period, whichever is earlier; b. coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; c. coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization; and d. records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. RSG 7268 (Ed. 01/23) (Page 4 of 10) G. Knowledge of Occurrence, Claim, or Suit Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit: Knowledge of any "occurrence", claim, or "suit" by any agent, servant, or "employee" of the Named Insured does not in itself constitute knowledge by the Insured unless notice of such "occurrence", claim, or "suit" shall have been received by: a. you, if you are an individual; b. a partner, if you are a partnership; or c. an executive officer or insurance manager, if you are a corporation. H. Unintentional Errors or Omissions Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 6. Representations: If you unintentionally fail to disclose any hazards existing at the inception date of this Policy, we will not deny coverage under this Coverage Form because of such failure. However, this does not affect our right to collect additional premium, exercise our right of cancellation or non-renewal, or enforce other legal rights based upon a material misrepresentation in response to a specific question in the application for this Policy. I. Personal and Advertising Injury Amendment of Discrimination or Humiliation Unless Coverage B - Personal and Advertising Injury Liability is excluded from this Policy or does not apply, the following applies: Under the DEFINITIONS section, 14. Personal and Advertising Injury, subparagraph h. is added: h. discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) not done intentionally by or at the direction of: (a) an insured; or (b) any "executive officer", director, stockholder, partner, or member of the Insured; and (2) not directly or indirectly related to the employment, prospective employment, or termination of employment of any person or persons by any insured. J. Incidental Malpractice Liability 1. SECTION II - WHO IS AN INSURED is amended by deleting item 2.a.(1)(d) in its entirety and replacing it with the following: (d) arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to nurses, emergency medical technicians, or paramedics who are employed by you to provide medical or paramedical services. RSG 7268 (Ed. 01/23)(Page 5 of 10) 2.For the purposes of this provision of this endorsement, under the DEFINITIONS section, paragraph 3. Bodily Injury is replaced by the following: 3. "Bodily injury" means injury, sickness, disease, or "incidental medical malpractice" sustained by a person, including death of a person. "Bodily injury" also means mental anguish, mental injury, or shock if directly resulting from physical injury, sickness, or disease to that person. 3.The following definition is added to the DEFINITIONS section: "Incidental medical malpractice" means "bodily injury" arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician, or paramedic who is employed by you to provide such services provided you are not engaged in the business or occupation of providing any services referred to in this definition. K. Additional Insured 1. Owners, Lessees, or Contractors a. SECTION II - WHO IS AN INSURED is amended to include as an additional insured: (1)Any person or organization, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by: (a)your acts or omissions; or (b)the acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However: (a)the insurance afforded to such additional insured only applies to the extent permitted by law; and (b)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: (1)This insurance does not apply to "bodily injury" or "property damage" occurring after: (a)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 (b)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 part of the same project. (2)The insurance provided to any 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 of or failure to render any professional services, including: (a)the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; or Additional Insured Owners, Lessees,or Contractors RSG 7268 (Ed. 01/23)(Page 6 of 10) (b)supervisory, inspection, architectural, or engineering activities. 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 "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering or the failure to render any professional services by or for you. 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. 2. Managers or Lessors of Premises a. SECTION II – WHO IS AN INSURED is amended to include as an additional insured: (1)Any person or organization, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance, or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (a)Any "occurrence" which takes place after you cease to be a tenant in that premises. (b)Structural alterations, new construction, or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: (a)The insurance afforded to such additional insured only applies to the extent permitted by law; and (b)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 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. Managers or Lessors of Premises RSG 7268 (Ed. 01/23) (Page 7 of 10) This endorsement shall not increase the applicable Limits of Insurance. 3. Vendors a. SECTION II - WHO IS AN INSURED is amended to include as an additional insured: (1) Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However: (a) the insurance afforded to such vendor only applies to the extent permitted by law; and (b) if coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. b. With respect to the insurance afforded to these vendors, the following additional exclusions apply: (1) The insurance afforded the vendor does not apply to: (a) "bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) any express warranty unauthorized by you; (c) any physical or chemical change in the product made intentionally by the vendor; (d) repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) any failure to make such inspections, adjustments, tests, or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) demonstration, installation, servicing, or repair operations, except such operations at the vendor's premises in connection with the sale of the product; (g) products which, after distribution or sale by you, have been labeled or relabeled, or used as a container, part, or ingredient of any other thing or substance, by or for the vendor; or (h) "bodily injury" of "property damage" arising out of the sole negligence of the vendor for its own acts or omissions of those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) the exceptions contained in subparagraphs (d) or (f); or (ii) such inspections, adjustments, tests, or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. RSG 7268 (Ed. 01/23)(Page 8 of 10) (2)This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient, part, or container entering into, accompanying, or containing such products. c.With respect to the insurance afforded to these vendors, the following is added to SECTION III - LIMITS OF INSURANCE: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is the most 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. 4. Primary and Non-Contributory Extension This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this Policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a.The following is added to paragraph a. Primary Insurance: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (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. b.The following is added to paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured, does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance, whether primary, excess, contingent, or on any other basis, for which the additional insured has been added as an additional insured on other policies. L. Damage to Premises Rented to You If Damage to Premises Rented to You is not otherwise excluded from this Coverage Part: 1.The last paragraph of paragraph 2. Exclusions under SECTION I - COVERAGES, COVERAGE A - Bodily Injury and Property Damage Liability is deleted in its entirety and replaced by the following: Primary and Non-Contributory Extension RSG 7268 (Ed. 01/23)(Page 9 of 10) Exclusions c. through n. do not apply to damage by fire, lightning, or "explosion" to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Limit of Insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. 2.Paragraph 6. Under SECTION III - LIMITS OF INSURANCE is deleted in its entirety and replaced by the following: 6.Subject to paragraph 5. above, the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage caused by fire, lightning, or "explosion", while rented to you or temporarily occupied by you with the permission of the owner, for all such damage caused by fire, lightning, or "explosion", proximately caused by the same event, whether such damage results from fire, lightning, or "explosion", or any combination of the three, is the higher of $500,000 or the amount shown in the Declarations for the Damage to Premises Rented to You Limit. 3.Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, subsection 4. Other Insurance, paragraph b. Excess Insurance, item (ii) of the Occurrence Form and item (iii) of the Claims-Made Form, where the words, Fire insurance, appear, they are changed to, insurance for fire, lightning, or "explosion". 4.As regards coverage provided by this provision L. Damage to Premises Rented to You, under the DEFINITIONS section, paragraph 9. Insured Contract, subparagraph a. is replaced with the following: a.a contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, or "explosion" to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract." 5.As regards coverage provided by this provision L. Damage to Premises Rented to You, the following definition is added to the DEFINITIONS section: "Explosion" means a sudden release of expanding pressure accompanied by a noise, a bursting forth of material, and evidence of the scattering of debris to locations further than would have resulted by gravity alone. "Explosion" does not include any of the following: a.artificially generated electrical current, including electrical arcing, that disturbs electrical devices, appliances, or wires; b.rupture or bursting of water pipes; c.explosion of steam boilers, steam pipes, steam engines, or steam turbines owned or leased by you or operated under your control; or d.rupture or bursting caused by centrifugal force. M. Waiver of Subrogation Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, subsection 8. Transfer of Rights of Recovery Against Others to Us, the following paragraph is added: If required by a written "insured contract" executed prior to the occurrence or offense, we waive our right of recovery we have against any person or organization named in such "insured contract," because of payments we make for injury or damage arising out of your ongoing operations or "your work" for that person or organization. N. Property Damage – Elevators 1.Under paragraph 2. Exclusions of SECTION I – COVERAGES, COVERAGE A - Bodily Injury and Property Damage Liability, subparagraphs (3)and (4) of exclusion j. Damage to Property do not apply if such "property damage" results from the use of elevators. Waiver of Subrogation RSG 7268 (Ed. 01/23) (Page 10 of 10) 2. The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4. Other Insurance, paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent, or on any other basis. O. Contractual Liability for Railroad Exposures Under the DEFINITIONS section, paragraph 9. Insured Contract, subparagraph f.(1), is deleted in its entirety. P. Supplementary Payments 1. In the Supplementary Payments - Coverages A and B provision, paragraph 1.b. is replaced with: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. In the Supplementary Payments - Coverages A and B provision, paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off work. Q. Amended Bodily Injury Definition Under the DEFINITIONS section, definition 3. Bodily injury is replaced by the following: 3. "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including death of a person. "Bodily injury" also means mental anguish, mental injury, or shock, if directly resulting from physical injury, sickness, or disease to that person. This endorsement does not change any other provision of the Policy. ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A(Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: 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 onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 12/3/2024 License # 0757776 (951) 779-8763 (951) 231-2572 35351 Sports Facilities Group, Inc.P. O. Box 7024 Riverside, CA 92513-7024 44393 35076 A 1,000,000 X X PL264489306 12/1/2024 12/1/2025 500,000 BI/PD Ded: $2,500 20,000 1,000,000 2,000,000 2,000,000 MAX AGG ALL PRO 5,000,000 1,000,000B BAW57473654 12/1/2024 12/1/2025 Comp Ded $500 Coll Ded $1,000 2,000,000A XS264489406 12/1/2024 12/1/2025 2,000,000 0 C 911872024 12/1/2024 12/1/2025 1,000,000Y1,000,000 1,000,000 Insured's Business Location: 6650 Doolittle Ave Riverside CA 92503. Excess Liability policy follows underlying policies of GL, Auto & WC Re: Operations of the named insured during the policy term. City of Carlsbad is Additional Insured with regard to the General Liability policy, when required by written contract, per the attached endorsement form ESG 3206 (Ed. 01/16), Waiver of Subrogation included. City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 SPORFAC-04 SGONZALEZ HUB International Insurance Services Inc.PO Box 5345Riverside, CA 92517 Gail Schrenk cal.cpu@hubinternational.com Great American Risk Solutions Surplus lines Insurance Company West American Insurance Co State Compensation Insurance Fund of California X X X X X X X X X X X X X RSG 7268 (Ed. 01/23) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RSG 7268 (Ed. 01/23)(Page 1 of 10) SPECIALTY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This is a summary of the various additional coverages and coverage modifications provided by this endorsement. For complete details on specific coverages, consult the Policy wording. Coverage Limit of Insurance Page Non-Owned Aircraft Included 2 Non-Owned Watercraft Included 2 Medical Payments Increased Limits $20,000 2 Who Is An Insured: Broadened Named Insured Included 3 Who Is An Insured: Fellow Employee Included 3 Who Is An Insured: Newly Formed or Acquired Organizations Included 3 Knowledge of Occurrence, Claim, or Suit Included 4 Unintentional Errors or Omissions Included 4 Personal and Advertising Injury Amendment of Discrimination or Humiliation Included 4 Incidental Malpractice Liability Included 4 Additional Insured: Owners, Lessees, or Contractors Included 5 Additional Insured: Managers or Lessors of Premises Included 6 Additional Insured: Vendors Included 7 Additional Insured: Primary and Non-Contributory Extension Included 8 Damage to Premises Rented to You (Fire, Lightning, or "Explosion")$500,000 8 Waiver of Subrogation Included 9 Property Damage – Elevators Included 9 Contractual Liability for Railroad Exposures Included 10 Supplementary Payments: Bail Bonds $2,500 10 Supplementary Payments: Loss of Earnings $500 10 Amended Bodily Injury Definition Included 10 Sports Facilities Group, Inc. 12-1-202 - 12-1-202 SPECIALTY PLUS ENDORSEMENT Additional Insured: Owners, Lessees,or Contractors Additional Insured:Managers or Lessors of Premises Additional Insured:Primary and Non-Contributory Extension Waiver of Subrogation RSG 7268 (Ed. 01/23) (Page 2 of 10) A. Non-Owned Aircraft Under paragraph 2. Exclusions of SECTION I – COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, exclusion g. Aircraft, Auto or Watercraft does not apply to an aircraft provided: 1. it is not owned by any insured; 2. it is hired, chartered, or loaned with a trained paid crew; 3. the pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating him or her a commercial or airline pilot; and 4. it is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the Insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this Policy), contingent, or on any other basis, that would also apply to the loss covered under this provision. B. Non-Owned Watercraft Under paragraph 2. Exclusions of SECTION I – COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, subparagraph (2) of exclusion g. Aircraft, Auto or Watercraft is replaced by the following: (2) a watercraft you do not own that is: (a) less than 55 feet long; and (b) not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply to watercraft 27 to 55 feet long if there is available to the Insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this Policy), contingent, or on any other basis, that would also apply to the loss covered under this provision. C. Medical Payments Increased Limits Unless Coverage C - Medical Payments, or exclusion f. Products-Completed Operations Hazard under paragraph 2. Exclusions of Coverage C - Medical Payments has been excluded from this Policy, the following applies: 1. Under paragraph 2. Exclusions of SECTION I - COVERAGES, Coverage C - Medical Payments, exclusion f. Products-Completed Operations Hazard is replaced by the following: f. Products-Completed Operations Hazard Included within the "products-completed operations hazard". However, this exclusion does not apply to expenses for dental services. 2. The Medical Expense Limit in paragraph 7. of SECTION III - LIMITS OF INSURANCE is replaced by the following Medical Expense Limit: The Medical Expense Limit provided by this Policy shall be the greater of: a. $20,000; or b. the amount shown in the Declarations for Medical Expense Limit. RSG 7268 (Ed. 01/23) (Page 3 of 10) This provision 7. is subject to all the terms of SECTION III - LIMITS OF INSURANCE. D. Who Is An Insured: Broadened Named Insured Under SECTION II - WHO IS AN INSURED, the following item 2.e. is added: e. Any subsidiary, including a subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a Named Insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its Limits of Insurance. E. Who Is An Insured: Fellow Employee The following is added to paragraph 2.a.(1) of SECTION II - WHO IS AN INSURED: Paragraph (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by a co- "employee" while in the course of his or her employment or performing duties related to the conduct of your business. However, none of these co-"employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", caused in whole or in part by their intoxication by liquor or controlled substances. Paragraph (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, including the direct supervision of other "employees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", caused in whole or in part by their intoxication by liquor or controlled substances. This coverage is excess over any other valid and collectible insurance available to your "employee" or "volunteer worker." F. Who Is An Insured: Newly Formed or Acquired Organizations Paragraph 3. of SECTION II - WHO IS AN INSURED is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. coverage under this provision is afforded only until the next occurring annual anniversary of the beginning of the policy period shown in the Declarations, or the end of the policy period, whichever is earlier; b. coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; c. coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization; and d. records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. RSG 7268 (Ed. 01/23) (Page 4 of 10) G. Knowledge of Occurrence, Claim, or Suit Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit: Knowledge of any "occurrence", claim, or "suit" by any agent, servant, or "employee" of the Named Insured does not in itself constitute knowledge by the Insured unless notice of such "occurrence", claim, or "suit" shall have been received by: a. you, if you are an individual; b. a partner, if you are a partnership; or c. an executive officer or insurance manager, if you are a corporation. H. Unintentional Errors or Omissions Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 6. Representations: If you unintentionally fail to disclose any hazards existing at the inception date of this Policy, we will not deny coverage under this Coverage Form because of such failure. However, this does not affect our right to collect additional premium, exercise our right of cancellation or non-renewal, or enforce other legal rights based upon a material misrepresentation in response to a specific question in the application for this Policy. I. Personal and Advertising Injury Amendment of Discrimination or Humiliation Unless Coverage B - Personal and Advertising Injury Liability is excluded from this Policy or does not apply, the following applies: Under the DEFINITIONS section, 14. Personal and Advertising Injury, subparagraph h. is added: h. discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) not done intentionally by or at the direction of: (a) an insured; or (b) any "executive officer", director, stockholder, partner, or member of the Insured; and (2) not directly or indirectly related to the employment, prospective employment, or termination of employment of any person or persons by any insured. J. Incidental Malpractice Liability 1. SECTION II - WHO IS AN INSURED is amended by deleting item 2.a.(1)(d) in its entirety and replacing it with the following: (d) arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to nurses, emergency medical technicians, or paramedics who are employed by you to provide medical or paramedical services. RSG 7268 (Ed. 01/23)(Page 5 of 10) 2.For the purposes of this provision of this endorsement, under the DEFINITIONS section, paragraph 3. Bodily Injury is replaced by the following: 3. "Bodily injury" means injury, sickness, disease, or "incidental medical malpractice" sustained by a person, including death of a person. "Bodily injury" also means mental anguish, mental injury, or shock if directly resulting from physical injury, sickness, or disease to that person. 3.The following definition is added to the DEFINITIONS section: "Incidental medical malpractice" means "bodily injury" arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician, or paramedic who is employed by you to provide such services provided you are not engaged in the business or occupation of providing any services referred to in this definition. K. Additional Insured 1. Owners, Lessees, or Contractors a. SECTION II - WHO IS AN INSURED is amended to include as an additional insured: (1)Any person or organization, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by: (a)your acts or omissions; or (b)the acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However: (a)the insurance afforded to such additional insured only applies to the extent permitted by law; and (b)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: (1)This insurance does not apply to "bodily injury" or "property damage" occurring after: (a)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 (b)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 part of the same project. (2)The insurance provided to any 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 of or failure to render any professional services, including: (a)the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; or Additional Insured Owners, Lessees,or Contractors RSG 7268 (Ed. 01/23)(Page 6 of 10) (b)supervisory, inspection, architectural, or engineering activities. 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 "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering or the failure to render any professional services by or for you. 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. 2. Managers or Lessors of Premises a. SECTION II – WHO IS AN INSURED is amended to include as an additional insured: (1)Any person or organization, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance, or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (a)Any "occurrence" which takes place after you cease to be a tenant in that premises. (b)Structural alterations, new construction, or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: (a)The insurance afforded to such additional insured only applies to the extent permitted by law; and (b)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 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. Managers or Lessors of Premises RSG 7268 (Ed. 01/23) (Page 7 of 10) This endorsement shall not increase the applicable Limits of Insurance. 3. Vendors a. SECTION II - WHO IS AN INSURED is amended to include as an additional insured: (1) Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However: (a) the insurance afforded to such vendor only applies to the extent permitted by law; and (b) if coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. b. With respect to the insurance afforded to these vendors, the following additional exclusions apply: (1) The insurance afforded the vendor does not apply to: (a) "bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) any express warranty unauthorized by you; (c) any physical or chemical change in the product made intentionally by the vendor; (d) repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) any failure to make such inspections, adjustments, tests, or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) demonstration, installation, servicing, or repair operations, except such operations at the vendor's premises in connection with the sale of the product; (g) products which, after distribution or sale by you, have been labeled or relabeled, or used as a container, part, or ingredient of any other thing or substance, by or for the vendor; or (h) "bodily injury" of "property damage" arising out of the sole negligence of the vendor for its own acts or omissions of those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) the exceptions contained in subparagraphs (d) or (f); or (ii) such inspections, adjustments, tests, or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. RSG 7268 (Ed. 01/23)(Page 8 of 10) (2)This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient, part, or container entering into, accompanying, or containing such products. c.With respect to the insurance afforded to these vendors, the following is added to SECTION III - LIMITS OF INSURANCE: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is the most 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. 4. Primary and Non-Contributory Extension This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this Policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a.The following is added to paragraph a. Primary Insurance: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (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. b.The following is added to paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured, does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance, whether primary, excess, contingent, or on any other basis, for which the additional insured has been added as an additional insured on other policies. L. Damage to Premises Rented to You If Damage to Premises Rented to You is not otherwise excluded from this Coverage Part: 1.The last paragraph of paragraph 2. Exclusions under SECTION I - COVERAGES, COVERAGE A - Bodily Injury and Property Damage Liability is deleted in its entirety and replaced by the following: Primary and Non-Contributory Extension RSG 7268 (Ed. 01/23)(Page 9 of 10) Exclusions c. through n. do not apply to damage by fire, lightning, or "explosion" to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Limit of Insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. 2.Paragraph 6. Under SECTION III - LIMITS OF INSURANCE is deleted in its entirety and replaced by the following: 6.Subject to paragraph 5. above, the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage caused by fire, lightning, or "explosion", while rented to you or temporarily occupied by you with the permission of the owner, for all such damage caused by fire, lightning, or "explosion", proximately caused by the same event, whether such damage results from fire, lightning, or "explosion", or any combination of the three, is the higher of $500,000 or the amount shown in the Declarations for the Damage to Premises Rented to You Limit. 3.Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, subsection 4. Other Insurance, paragraph b. Excess Insurance, item (ii) of the Occurrence Form and item (iii) of the Claims-Made Form, where the words, Fire insurance, appear, they are changed to, insurance for fire, lightning, or "explosion". 4.As regards coverage provided by this provision L. Damage to Premises Rented to You, under the DEFINITIONS section, paragraph 9. Insured Contract, subparagraph a. is replaced with the following: a.a contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, or "explosion" to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract." 5.As regards coverage provided by this provision L. Damage to Premises Rented to You, the following definition is added to the DEFINITIONS section: "Explosion" means a sudden release of expanding pressure accompanied by a noise, a bursting forth of material, and evidence of the scattering of debris to locations further than would have resulted by gravity alone. "Explosion" does not include any of the following: a.artificially generated electrical current, including electrical arcing, that disturbs electrical devices, appliances, or wires; b.rupture or bursting of water pipes; c.explosion of steam boilers, steam pipes, steam engines, or steam turbines owned or leased by you or operated under your control; or d.rupture or bursting caused by centrifugal force. M. Waiver of Subrogation Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, subsection 8. Transfer of Rights of Recovery Against Others to Us, the following paragraph is added: If required by a written "insured contract" executed prior to the occurrence or offense, we waive our right of recovery we have against any person or organization named in such "insured contract," because of payments we make for injury or damage arising out of your ongoing operations or "your work" for that person or organization. N. Property Damage – Elevators 1.Under paragraph 2. Exclusions of SECTION I – COVERAGES, COVERAGE A - Bodily Injury and Property Damage Liability, subparagraphs (3)and (4) of exclusion j. Damage to Property do not apply if such "property damage" results from the use of elevators. Waiver of Subrogation RSG 7268 (Ed. 01/23) (Page 10 of 10) 2. The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4. Other Insurance, paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent, or on any other basis. O. Contractual Liability for Railroad Exposures Under the DEFINITIONS section, paragraph 9. Insured Contract, subparagraph f.(1), is deleted in its entirety. P. Supplementary Payments 1. In the Supplementary Payments - Coverages A and B provision, paragraph 1.b. is replaced with: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. In the Supplementary Payments - Coverages A and B provision, paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off work. Q. Amended Bodily Injury Definition Under the DEFINITIONS section, definition 3. Bodily injury is replaced by the following: 3. "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including death of a person. "Bodily injury" also means mental anguish, mental injury, or shock, if directly resulting from physical injury, sickness, or disease to that person. This endorsement does not change any other provision of the Policy.