Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Ferreira Construction Co Inc dba Ferreira Coastal Construction Co; 2019-01-29;
CITY OF CARLSBAD PROPERTYUSEAGREEMENT Construction Staging Area .This Property Use Agreement ("Agreement"), date as of\::li-o, d 9 , 2019, solely for identification purposes is made and entered into by and between the City of Carlsbad, a California Charter City, ("CITY") and Ferreira Construction Co. Inc. dba Ferreira Coastal Construction Co., a California corporation ("PERMITTEE"). I RECITALS WHEREAS, CITY is owner of that certain vacant real property situated in the City of Carlsbad, County of San Diego, State of California, located north of the City of Carlsbad Safety Training Facility, in the vacant lot at the corner of Orion Street and Orion Way, which is hereinafter called the "Premises", and is generally depicted and illustrated on a sketch thereof marked Exhibit "A", attached hereto and by this reference made part of this Agreement. WHEREAS, PERMITTEE is a contractor working on the Recycled Water Phase Ill Pipeline Expansion Segment 5 project located at various locations within the City of Carlsbad (the "Project"). WHEREAS, PERMITTEE is desirous of using the Premises as a temporary storage area for its construction crews, vehicles, material and equipment to facilitate the Project, and CITY consents to said temporary use of the Premises by PERMITTEE under the terms and conditions set forth in this Agreement. NOW THEREFORE, the parties hereto in accordance with the terms, covenants, conditions and provisions contained herein, mutually agree as follows: SECTION 1: USES 1.1 Premises. CITY hereby authorizes PERMITTEE, in accordance with the terms, covenants, conditions and provisions of this Agreement, the non-exclusive use of the Premises. In return for this permission, PERMITTEE hereby agrees to act in accordance with and abide by the terms, covenants, conditions and provisions of this Agreement. 1.2 Uses. It is expressly agreed that the Premises shall be used by PERMITTEE solely and exclusively for the purpose of a temporary storage area for its construction crews, vehicles, material and equipment while performing work related to the Project. At any time during the use of the Premises by PERMITTEE, PERMITTEE shall be required to fence the Premises as determined by CITY. PERMITTEE covenants and agrees to use the Premises for the above specified purposes only and to diligently pursue said purposes throughout the term hereof. In the event that PERMITTEE fails to continuously use the Premises for said purposes, or uses the Premises for 1 CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area purposes not expressly authorized herein, the PERMITTEE shall be deemed in default under this Agreement, and this Agreement shall be subject to immediate termination. SECTION 2: TERM 2.1 Commencement. The term of this Agreement shall commence on the Effective Date of this Agreement and expire on August 31, 2020. The "Effective Date" of this Agreement shall be the date this Agreement is approved and executed by the CITY. 2.2 Term Extension. The term and conditions of this Agreement may be extended on a month-to-month basis by mutual written consent of both parties. 2.3 Termination Provisions. Notwithstanding any other provisions contained in this Agreement, either party may terminate this Agreement for any reason whatsoever by giving the other party at leastthirty (30) days prior written notice of such termination. Any and all costs, direct or indirect, for the labor, material, equipment, rental, transport, administrative and/or management time to support the demobilization and/or relocation following the termination of this Agreement shall be borne by the Permittee, and shall not impact the performance, cost or schedule of the Recycled Water Phase Ill Pipeline Expansion Segment 5 project. SECTION 3: Property Use Payment 3.1 Property Use Payment. PERMITTEE shall pay CITY the sum of Five Hundred Dollars and no cents ($500.00) per month as rent for the use of the Premises by PERMITTEE. In exchange for the consideration, PERMITTEE agrees to abide by the requirements in section 6. Special Provisions and pay for any associated costs. 3.2 Utilities. PERMITTEE, at its sole cost, agrees to order, obtain, remove and pay for all utilities and any related service and installation charges in connection with the use, occupation and operation of the Premises. SECTION 4: INSURANCE RISKS/SECURITY 4.1 Indemnity. PERMITTEE shall indemnify and hold harmless the CITY and its officers, agents and employees against all claims for damages to persons or property arising out of the conduct of the PERMITTEE or its employees, agents, or others in connection with its use and occupation of the Premises under this Agreement, except only for those claims arising from the sole and active negligence or sole willful conduct of the CITY, its officers, agents, or employees. PERMITTEE'S indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the CITY, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, PERMITTEE at its own expense shall, upon written request by the CITY, defend any such suit or action brought against the CITY, its officers, agents, or employees. 4.2 Insurance. PERMITTEE shall take out and maintain at all times during the term 2 CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area of this Agreement the following insurance at its sole expense: a. PERMITTEE shall maintain the following minimum limits: General Liability Combined Single Limit Per Occurrence General Aggregate $2,000,000 $4,000,000 b. All insurance companies affording coverage to the PERMITTEE shall be required to add the City of Carlsbad as "additional insured" under the insurance policy(s) required in accordance with this Agreement. Insurance coverage provided to the City as additional insured shall be primary insurance and other insurance maintained by the City, its officers, employees, agents, and representatives shall be excess only and not contributing with insurance provided pursuant to this Section 4.02. c. All insurance companies affording coverage to the PERMITTEE shall be insurance organizations acceptable to the CITY, and authorized by the Insurance Commissioner of the State Department of Insurance to transact business of insurance in the State of California. d. All insurance companies affording coverage shall provide thirty (30) days written notice to the City of Carlsbad should the policy be cancelled before the expiration date. For the purposes of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. e. PERMITTEE shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, in a form satisfactory to the CllY, concurrently with the submittal of this Agreement. f. PERMITTEE shall provide a substitute certificate of insurance no later than thirty (30) days prior to the policy expiration date. Failure by the PERMITTEE to provide such a substitution and extend the policy expiration date shall be considered a default by PERMITTEE and subject to immediate termination of this Agreement. g. Maintenance of insurance by the PERMITTEE as specified in this Agreement shall in no way be interpreted as relieving the PERMITTEE of any responsibility whatever and the PERMITTEE may carry, at its own expense, such additional insurance as it deems necessary. h. If PERMITTEE fails or refuses to take out and maintain the required insurance, or fails to provide the proof of coverage, CITY has the right to obtain the insurance. PERMITTEE shall reimburse CITY for the premiums paid with interest at the maximum allowable legal rate then in effect in California. CITY shall give notice of the payment of premiums within thirty 3 CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area (30) days of payment stating the amount paid, names of the insurer(s) and rate of interest. Said reimbursement and interest shall be paid by PERMITTEE on the first (1st) day of the month following the notice of payment by CITY. Notwithstanding the preceding provisions of this Subsection, any failure or refusal by PERMITTEE to take out or maintain insurance as required in this Agreement, or failure to provide the proof of insurance, shall be deemed a default and immediate termination of this Agreement. i. CITY, at its discretion, may require the revision of amounts and coverage at any time during the term of this Agreement by giving PERMITTEE thirty (30) days prior written notice. CITY'S requirements shall be designed to assure protection from and against the kind and extent of risk existing on the Premises. PERMITTEE also agrees to obtain any additional insurance required by CITY in order to meet the requirements of this Agreement. 4.3 Accident or Theft Reports. PERMITTEE shall, within seventy-two (72) hours after occurrence, report to CITY any theft or accident causing property loss or damage or any serious injury to persons on the Premises. This report shall contain the names and addresses of the parties involved, a statement of the circumstances, the date and hour, the names and addresses of any witnesses and other pertinent information. SECTION 5: GENERAL PROVISIONS 5.1 Maintenance. With respects to PERMITTEE'S use, occupation and operations at or on the Premises, PERMITTEE shall make all repairs and replacements necessary to maintain and preserve the Premises in a decent, safe, healthy, and sanitary condition satisfactory to CITY and in compliance with all applicable laws. Upon the expiration or earlier termination of this Agreement and PERMITTEE's surrender of the Premises, PERMITTEE, at its sole cost and expense, shall restore the Premises to its condition prior to occupancy by PERMITTEE. In the event that the Premises are not in a decent, safe, healthy, and sanitary condition, CITY shall have the right, upon written notice to PERMITTEE, to have any necessary work done at the expense of PERMITTEE, and PERMITTEE shall promptly pay any and all costs incurred by CITY in having such necessary maintenance work done, in order to keep said Premises in a decent, safe, healthy, and sanitary condition. PERMITTEE shall make payment no later than ten (10) days after written notice from the CITY. Further, if at any time CITY determines that said Premises are not in a decent, safe, healthy, and sanitary condition, CITY may at its sole option, upon written notice, require PERMITTEE to file with CITY a faithful performance bond to assure prompt correction of any condition which is not decent, safe, healthy, and sanitary. Said bond shall be in an amount adequate in the opinion of CITY to correct the said unsatisfactory condition. PERMITTEE shall pay the cost of said bond. The rights reserved in this section shall not create any obligations on CITY or increase obligations elsewhere in this 4 CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area Agreement imposed on CITY. 5.2 Sign. PERMITTEE shall not erect or display any banners, pennants, flags, posters, signs, decorations, marquees, awnings, or similar devices or advertising without the prior written consent of CITY. If any such unauthorized item is found on the Premises, PERMITTEE shall remove the item at its expense within twenty-four (24) hours of written notice thereof by CITY, or CITY may thereupon remove the item at PERMITTEE'S cost. 5.3 Taxes. PERMITTEE shall pay, before delinquency, all taxes, assessments, and fees assessed or levied upon PERMITTEE or the Premises, including, any structures, machines, equipment, or other improvements or property of any nature whatsoever erected, installed, or maintained by PERMITTEE or levied by reason of the business or other PERMITTEE activities related to the Premises, including any licenses or permits. PERMITTEE recognizes and agrees that this Agreement may create a possessory interest subject to property taxation, and that PERMITTEE may be subject to the payment of taxes levied on such interest, and that PERMITTEE shall pay all such possessory interest taxes. 5.4 Notices. All notices, demands, requests, consents or other communications which this Agreement contemplates or authorizes, or requires or permits either party to give to the other, shall be in writing and shall be personally delivered or mailed to the respective party as follows: To CITY: City of carlsbad City Manager's Office 1200 carlsbad Village Drive carlsbad, CA 92008 To PERMITTEE: Ferreira Construction Co. Inc. dba Ferreira Coastal Construction Co. Attn: Scott Johnson, Project Manager 10370 Commerce Center Drive, Suite B-200 Rancho Cucamonga, CA 91730 Either party may change its address by notice to the other party as provided herein. Communications shall be deemed to have been given and received on the first to occur of (i) actual receipt at the offices of the party to whom the communication is to be sent, as 5 CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area designated above, or (ii) three working days following the deposit in the United States Mail of registered or certified mail, postage prepaid, return receipt requested, addressed to the offices of the party to whom the communication is to be sent, as designated above. 5.5 Entire Agreement. This Agreement comprises the entire integrated under- standing between CITY and PERMITTEE concerning the use and occupation of the Premises and supersedes all prior negotiations, representations, or agreements. Each party has relied on its own examination of the Premises, advice from its own attorneys, and the warranties, representations, and covenants of the Agreement itself. The interpretation, validity and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. The Agreement does not limit any other rights or remedies available to CITY. The PERMITTEE shall be responsible for complying with all Local, State, and Federal laws whether or not said laws are expressly stated or referred to herein. Should any provision herein be found or deemed to be invalid, the Agreement shall be construed as not containing such provision, and all other provisions, which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are severable. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 5.6 Agreement Modification. This Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by the parties hereto. 5.7 Assignment and Subletting-No Encumbrance. This Agreement and any portion thereof shall not be assigned, transferred, or sublet, nor shall any of the PERMITTEE'S duties be delegated, without the express written consent of CITY. Any attempt to assign or delegate this Agreement without the express written consent of CITY shall be void and of no force or effect. Consent by CITY to one assignment, transfer, sublease, or delegation shall not be deemed to be consent to any subsequent assignment, transfer, sublease, or delegation. 5.08 Regulations. All use of the Premises under this Agreement shall be in accordance with the laws of the United States of America, the State of California and in accordance with all applicable rules, regulations and ordinances of the City of Carlsbad now in force, or hereinafter prescribed or promulgated by resolution or ordinance or by State or Federal law. 6 CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area SECTION 6: SPECIAL PROVISIONS 6.1 Hazardous Substances. No goods, merchandise or material shall be kept, stored or sold in or on the Premises which are in any way explosive or hazardous, except that ordinary business materials that may be classified as hazardous may be kept in or on the Premises if such materials are stored and disposed of in accordance with all applicable laws; and no offensive or dangerous trade, business or occupation shall be carried on therein or thereon, and nothing shall be done on said Premises, which will cause an increase in the rate of or cause a suspension or cancellation of the insurance upon the demised Premises or other premises and the improvements thereon; provided, however, that if anything done by PERMITTEE causes an increase in the rate of insurance on the Premises, PERMITTEE may, at its option, pay such increase and PERMITTEE shall not thereafter be considered in default under this Agreement. No machinery or apparatus shall be used or operated on or about the Premises which will in any way injure the Premises or improvements thereon, or adjacent or other premises, or improvements thereon, or to persons; provided, however, that nothing contained in this section shall preclude PERMITTEE from bringing, keeping or using on or about the Premises such materials, supplies, equipment and machinery as are appropriate or customary in carrying on its said business, or from carrying on its business in all usual respects. Open flame welding or burning, gasoline, or other fuel storage is expressly prohibited without prior written consent of the CITY. 6.2 Site Plan. Prior to occupancy and use, PERMITTEE shall develop and submit for City approval a site map illustrating the size and location of the staging area. The site map shall identify the equipment and materials to be stored at the site and their general arrangement within the area. 6.3 Site Restoration. Prior to occupancy and use, PERMITTEE shall submit photos of the construction staging area including, but not limited to: the area to be utilized, adjacent area(s) not utilized; path(s) of travel. Upon vacating, the PERMITTEE shall restore the construction staging area, including the path(s) of travel, to its pre-occupancy condition or better. 6.4 Ancillary Storage of Materials. The construction staging area is intended for storing equipment and materials. PERMITTEE shall not use the construction staging area to manufacture, fabricate, mix, fleet equipment maintenance or perform construction-type activities that generate sound, noise, traffic, dust beyond the minimum required to transport equipment and materials to and from the construction staging area. Any proposed use or activities other than the staging of equipment and materials must be specifically addressed and approved by the City prior to implementation. 7 CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area 6.5 Storm Water Pollution Prevention Plan. PERMITTEE shall develop, implement and maintain a storm water pollution prevention plan (SWPPP) that is in compliance with the State of California and City of Carlsbad Standards. Minimum BMPs include, but are not limited to: perimeter control; construction entrance, covering stockpiles (daily) with a tarp or 6 mil plastic sheeting. Upon vacating the Premises, the PERMITTEE shall restore all impacted areas, including the path(s) of travel, to its pre-occupancy condition or better. PERMITTEE shall assume hydroseeding, and periodic watering to achieve germination, as a requirement of restoration (even if the existing lot is not vegetated). Details and requirements of the hydroseed, including seed mix, shall be approved by the city prior to implementation. 6.6 Permittee Equipment. PERMITTEE is solely responsible for the care, maintenance and security of their company equipment, materials, and property, and staff personal property while using the Premises. PERMITTEE is responsible for providing their own lock and daisy chain locking the main gate into the Premises and keeping it closed and locked when not in use for active entry or exit. The main entry gate shall be daisy chain locked to allow City staff and other users to enter exitthe Premises via their own locks without delay. PERMITTEE shall provide a key or combination to their daisy chain lock to the City for as-needed access. PERMITTEE shall not operate any construction equipment while on the Premises for any reason after 6:00 p.m. on any day, and before 7:00 a.m., Monday through Friday; before 8:00 a.m. on Saturday; all day on Sunday; and on any federal holiday. Remainder of This Page Left Blank 8 CITY OF CARLSBAD PROPERTYUSEAGREEMENT Construction Staging Area IN WITNESS WHEREOF the parties hereto do hereby agree to the full performance of the covenants herein contained and have caused this Property Use Agreement to be executed, by the authorized representatives of the parties having the ability to bind the parties to the terms and conditions contained herein, as of the day and year written above. FCARLSBAD Name: S(..,ott-C.ba.d W '1 ck Title: G\ 11:) 1':'\0.Y\D., <3« Date: T~V"\ . 1..20\~ (Effective Date) "PERMITTEE" Ferreira Construction Co. Inc. dba Ferreira Coastal Construction Co. By: __ ~----- Title: _VL...:i....;;.C....a:e.,:::;........:..{J_(....;_;~::o<.:.1--=C--=UJ}t.=..:........:_,..____ Date:_0_1 ........ /_I Ll--'-/-=-;;J.---"-O_I c ......... l __ (Effective Date) NOTARY ACKNOWLEDGMENTS OF PERMITTEE'S SIGNATURE(S} MUST BE ATTACHED 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino OnJanuary 14, 2019 beforeme, Marla K. Khan Date Here Insert Name and Title of the Officer personally appeared _______ B_r_a_n_d_o_n_P_e_n_s_i_c_k _______________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose namecsf is/ale subsc,ribi to the within instrument and acknowle~g,d to me that he!s;{e!t99y executed the" sam~ 19 his/~r/t ir authorized capacity(i~). and that by his/r,:er/thjiir signature(¢ on tHe instrument the personV'}, or the en ity upon behalf of whicti the personY') acted, executed the instrument. @ MARLA K. KHAN Notary Public -California i§ San Bernardino County z Commission# 2196975 My Comm. Expires May 13, 2021 z z ,, Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature_?na---'-"'~Jo_,~C...-.US['--. --'-tkJ_____.. ...... flV __ Signature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(~) Other Than Named Above: ___________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ n Corporate Officer -Title(s): _____ _ fl Corporate Officer -Title(s): _____ _ □ Partner -□ Limited D General LJ Partner -□ Limited □ General □ Individual I J Attorney in Fact r~1 Individual I _J Attorney in Fact □ Trustee 11 Guardian or Conservator □ Trustee [\ Guardian or Conservator □Other: ______________ _ n Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ @2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego before me Mor_gen Fry, Notary Public '------------------(insert name and title of the officer) personally appeared ,~c.Dtt C\/\l\d \0\Cl , , who proved to me on the basis of satisfactor/ evidence to be the person~ whose name~ is/.affi- subscribed to the within instrument and acknowledged to me that hs/sl,efl:hey executed the same in his/herMeif authorized capacity{fe.i, and that by his/her/their cignature(~ on the instrument the person(~. or the entity upon behalf of which the person(Sj acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the-foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~~ (Seal) ~············f , ., ... '+ MORGEN FRY : • · . ~ Notary Public • California z ~ : _; : San Diego County ~ i . • ' Commission II 2268605 - ••.,0••' My Comm. Expires Dec 24, 2022 Client#· 353923 FERRECONST ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) 9/18/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED ~'cPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to me terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(•)- PRODUCER i'4x;l~"' Conner Strong & Buckelew l'n~tfo Extl: 267-702-1467 I 1Ala. Nol: 856-830-1534 Two Liberty Place E-MAIL ADDRESS: 50 S. 16th Street, Suite 3600 INSURER(S) AFFORDING COVERAGE NAie• Philadelphia, PA 19102 INSURER A: z..lchAmon..., ....... -eo. 16535 INSURED INSURER B : Enduro-Amon_ Ina C<I 10641 Ferreira Construction Co., Inc. dba INSURER C : Ubor1J lnoura.,.. _,. 19917 Ferreira Coastal Construction Co. INSURER D : OFNI Am---.. c..._ 26344 10370 Commerce Center Dr Suite B 200 --··----- Rancho Cucamonga, CA 91730 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUBIR ,&aliffi~ 1,:aM~ LIMITS LTR INSIR WVD POLICY NUMBER A GENERAL LIABILITY GL0019785402 07/01/2018 07/01/201S EACH OCCURRENCE s2 000 ooo -X COMMERCIAL GENERAL LIABILITY ~!WO~H?ta~.?..ncei s1 000,000 -LJ CLAIMS-MADE ~ OCCUR MED EXP (Any one person) s10 ooo PERSONAL & ADV INJURY s2,000,000 - GENERAL AGGREGATE $4,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS· COMP/OP AGG s4,000,000 n POLICY rxl P,f P-r fxl LOC s AUTOMOBILE LIABILITY BAP019787302 .,7/01/2018 07/01/201S COMBINED SINGLE LIMIT $2,000,0(tQ_____ _ --(Ea accident\ __________ X ANYAUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED BODILY INJURY (Per acelden\) $ -AUTOS -AUTOS X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) -$ B UMBRELLA LIAB ~OCCUR EXC30000705500 .,7/01/2018 07/01/201S EACH OCCURRENCE $3 000 000 ~ X EXCESSUAB CLAIMS-MADE AGGREGATE $3,000,000 ✓ DED_l I RETENTION$ ------- - $ --~-.- A WORKERS COMPENSATION WC019787402 .,7/01/2018 07/01/201S X IWCSTATU-I l~JH-ANO EMPLOYERS' LIABILITY TORY LIMITS Y/N ANY PROPRIETOIWARTNER/EXECUTIVE[i] E.L. EACH ACCIDENT s1 000,000 OFFICER.MEMBER EXCLUDED? N N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE s1 000,000 grs5CR~t~ ~~PERATIONS below E.L. DISEASE· POLICY LIMIT $1,000,000 C Excess Liability 1000301717-01 .,7/01/2018 07/01/201S $SM occ I $SM agg / D Excess Lj,abillty EXC2275407 07/01/2018 07/01/201!1 $17M occ / $17M agg DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Addltlonal Remarb Schedule, If more _,,. .. la ,-qulnd) Coverage: Contractors Professional/Pollution Carrier: Indian Harbor Insurance Company (NAIC #36940) Effective: 07/01/2018 -07/01/2019 Policy#: CE07 446418-01 Limits: Contractors Professional= $10,000,000 Each Claim & Aggregate (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN C/o EXIGIS insurance compliance ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 4668-ECM #35050 New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE w. /. ~-~ ,,,, ~ ............ ~~----~ I --..... - © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S1984TT8/M1931727 TMK DESCRIPTIONS (Continued from Page 1) Pollution = $10,000,000 Each OcculTence/$10,000,000 Aggregate Policy Aggregate Limit= $10,000,000 : Recycled Water Phase Ill Pipeline Expansion Segment 5 Bid No PWS19-491UTIL Contr 4208-B City of Carlsbad as owner; their officers, officials, and employees are Additional Insureds on a primary and non-contributory basis on the above referenced Commercial General Liability and Automobile Liability Policies if required by written contract. Excess Liability Policy follows form. A waiver of subrogation applies on the above-referenced Commercial General Liability, Automobile Liability and Workers Compensation Policies if required by written contract and permitted by law. SAGITTA 25.3 (2010/05) 2 of 2 #S1984778/M1931727 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 04-84} WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perfonn work under a written contract that requires you to obtain this agreement from us.} This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective Policy No. WC0197874-02 Endorsement No. Insured: Ferreira Construction Co., Inc. 7-1-2018 Premium$ Insurance Company Countersigned by WC124 (4-84) WC 00 0313 Copyright 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Uniform Forms™ 0 Waiver Of Subrogation (Blanket) Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End Producer Add'I.Prem Retuml'mn. K}LO O 197854-02 07/01/2018 07/01/2019 07/01/2018 11498000 s s THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Uabllity Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Othen To Us Condition: If you arc required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW (12/01) Page I of I • Additional Insured -Owners, Lessees Or Contractors -ZURICH Policy No. Eff. Date of Pol. E,cp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. GLO0 197854-02 07/01/2018 07/01/2019 07/01/2018 11498000 THIS ENDORSEMENT CHANGES THE POLICY. Pl.EASE READ IT CAREFULLY. Named Insured: Ferreira Construction Co., Inc. Address (Including ZIP Code): 31 Tannery Road Branchburg, NJ 08876 This endorsement modifies insurance provided under the: Commercial O.neral UabHlty Coverage Part " A. Section II -Who Is An Insured Is amended to include as an addttlonal Insured the person or organization \Vhom you are required to add • en additional lnauted on tha!i Policy under a written contract or written agreement Such person or organization is an additional insured only with respect to liability for •bodily injury", •property damage• or •personal and advertising Injury" caused, in whole or in part, by: 1. Your ads or omissions; or 2. The ads or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the •produds-completed operations hazard". which is the subject of the written contract or written agreement at the Location designated end described in the Schedule above. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional Insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: •Bodily injury", •property damage• or •personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying S8fVices including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, t'letd orders, change orders or drawings and specifications; or 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 of or the failure to render any professional architectural, engineering or surveying services. Includes copyrighted material of Insurance Servicee Office, Inc., with its permission. U-GL-1177-F CW (04/13) Page 1 of 2 C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV - Commercial General Liability Conditions: The additional insured must see to It that: 1. We are notffied as soon as practicable of an "occurrence" or offense that may result in a daim; 2. We receive written notice of a dalm or "suit" as soon as practicable; and 3. A request for defense and indemnity of the daim or "suit" will promptly be brought against any policy Issued by another insurer under which the additional insured may be an insured In any capacity. This provision does not apply to insurance on which the additional Insured Is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. 0. For the purpose of the coverage provided by this endorsement 1. The following is added to the Other Insurance Condition of Section IV -Commercial General UabfHty Conditions: Primary and Noncontributory lnaurance Thie lmurance Is primary to and will not seek contribution from any other insurance available to an additional insured provided that a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written 1:1greement that this insurance be primary and not seek contribution from any other insurance avaffable to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section fV -Commerclal General Uabllfty Conditions: This insurance is excess over: Ally of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy Is also covered as an additional insured on another policy providing coverage for the same •occurrence", offense, claim or •suit". This provision does not apply to any policy in which the additional Insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. With respect to the Insurance afforded to the additional insureds under this endorsement, the following is added to Section Ill -Llmtt. Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Decfaratlons, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Decfarations. All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. U--GL-11n-F CW (04/13) Page 2 of 2 • Coverage Extension Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. 8AP0197873-02 07/01/2018 )7/01/2019 07/01/2018 11498000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II -Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts perfonned within the scope of employment by you. Any "employee• of yours is also an "insured" while operating an ·auto" hired or rented under a contract or agreement in an "employee's" name, with your pennission, while perfonning duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto• you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto• referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent pennitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", Including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required In the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance -Primary and Excess Insurance Provisions Condition in the Motor Cartier Coverage Fonn: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the tenns and conditions of the Coverage Fonn. B. Amendment -Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II -Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. U-CA-424-F CW (04/14) Page 1 of6 C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II -Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II -Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section Ill -Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV -Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage -Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04/14) Page 2 of 6 (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auton; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an ninsured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section Ill -Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV -Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "losf to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". Includes copyrighted material of Insurance Services Office, Inc., with Its permission. U-CA-424-F CW (04/14) Page 3 of6 K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section Ill -Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV -Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage -Comprehensive Coverage -Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos -Physical Damage 1. The following is added to Section I -Covered Autos: Temporary Substitute Autos-Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the pennission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos -Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04/14) Page 4 of6 agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos -Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance -Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto -World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04/14) Page 5 of 6 U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II -Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage -Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section 111-Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04/14) Page 6 of6 Berkshire Hathaway Specialty Insurance' Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY/ NATIONAL LIABILITY & FIRE INSURANCE COMPANY Know all men by these presents, that BERKSHIRE HATHAWAY SPEOALTY INSURANCE COMPANY a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 100 Federal Street, 20th Floor, Boston, Massachusetts 02110, NATIONAL INDEMNITY COMPANY, a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 3024 harney Street, Omaha, Nebraska 68131 and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, a corporation existing under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford, Connecticut 06902 (hereinafter collectively the "Companies"), pursuant to and by the authority granted as set forth herein, do hereby name, constitute and appoint: Theresa J. Foley. 390 North Broadway. of the city of Jericho. State of New York. their true and lawful attorney(s)-in-fact to make, execute, seal, acknowledge, and deliver, for and on their behalf as surety and as their act and deed, any and all undertakings, bonds, or other such writings obligatory in the nature thereof, in pursuance of these presents, the execution of which shall be as binding upon the Companies as if it has been duly signed and executed by their regularly elected officers in their own proper persons. This authority for the Attorney-in-Fact shall be limited lo the execution of the attached bond(s) or other such writings obligatory in the nature thereof. In witness whereof, this Power of Attorney has been subscribed by an authorized officer of the Companies, and the corporate seals of the Companies have been affixed hereto this date of April 12, 2018. This Power of Attorney is made and executed pursuant to and by authority of the Bylaws, Resolutions of the Board of Directors, and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, which are in full force and effect, each reading as appears on the back page of this Power of Attorney, respectively. BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, By: ~ David Fields, Executive Vice President NOTARY State of Massachusetts, County of Suffolk, ss: NATIONAL INDEMNITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, By: ~ David Fields, Vice President On April 12, 2018 before me appeared David Fields, Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, who being duly sworn, says that his capacity is as designated above for such Companies; that he knows the corporate seals of the Companies; that the seals affixed to the foregoing instrument are such corporate seals; that they were affixed by order of the board of directors or other governing body of said Companies pursuant to its Bylaws, Resolutions and other Authorizations, and that he signed said instrument in that capacity of said Companies. [Notary Seal) • GEOFFERY A. DELISIO No1ary Public Commonwealth of Massachusalls My Comm. Expires NOYember 29. 2024 Notary Public I, Ralph Tortorella, the undersigned, Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, see hereunto affixed the seals of said Companies this August 20. 2018. Officer BHSIC, NICO & NLF POA (2018) 8384 ~ ~ 0 ci 8 ~ t s 0. E !: 0 Q u ~ ~ ~ ~ a i:; E z z: ~ ;;; ~ 0 ~ 0 > .. I ! !.i :r .,, ~ ~ i:: -2 E .. 8 "' ~ l: .; E v .. r 0. .. E 0. .. .0 a @ z: ! ~ -;;; ~ 3: vi ► :r .. "' C e :. :, 0 ;; u ll :. c'. ·;;; 0 E V .. :,: ► .0 :l 0 o > ;:: .. g: § ~ :i "' 0 ~ .; 3 8 0 a. ... ~, f 0 <( 0 ::; l: § C) E ~ .. .c 8 ', .. C .. .c:. s ~ ~ -~ i, .. > ~ 0 ... BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY (BYLAWS) ARTICLE V. CORPORATE ACTIONS EXECUTION OF DOCUMENTS: Section 6.(b) The President, any Vice President or the Secretary, shall have the power and authority: (1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company bonds and other undertakings, and (2) To remove at any time any such Attorney-in-fact and revoke the authority given him. NATIONAL INDEMNITY COMPANY (BY-LAWS) Section 4. Officers, Agents, and Empl~~~ A. The officers shall be a President, one or more Vice Presidents, a Secretary, one or more Assistant Secretaries, a Treasurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors, and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of Directors; and the Board of Directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the corporation. NATIONAL INDEMNITY COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys- in-fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney-in-fact and revoke the authority given. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BY-LAWS) ARTICLE IV Section 1. Officers, Agents and Employees: A. The officers shall be a president, one or more vice presidents, one or more assistant vice presidents, a secretary, one or more assistant secretaries, a treasurer, and one or more assistant treasurers, none of whom shall be required to be shareholders or directors, and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be different individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the board of directors; and the board of directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the Corporation. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have t~e power and authority to (1) appoint Attorneys- in-fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney-in-fact and revoke the authority given. BHSIC, NICO & NLF POA (2018) BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY 1314 Douglas Street, Suite 1400, Omaha, Nebraska 68102 ADMITTED ASSETS* 12/31/2017 9/30/2017 12/31/2016 Total invested assets Premium & agent balances All other assets $ 4,516,104,907 $ 4,327,535,008 $ 3,707,827,160 Total Admitted Assets 297,141,264 137,220,394 $ 4,950,466,565 279,204,700 129,486,990 $ 4,736,226,698 193,621,498 185,024,482 $ 4,086,473,140 LIABILITIES & SURPLUS* 12/31/2017 9/30/2017 12/31/2016 Loss & loss exp. unpaid $ 327,823,391 $ 288,456,911 $ 142,981,337 Unearned premiums 209, 113,536 198,098,348 160,310,927 All other liabilities 663,892, 150 770,564,561 446,041,395 Total Liabilities 1,200,829,077 1,257,119,820 749,333,659 Total Policyholders' Surplus 3,749,637,488 3,479,106,878 3,337,139,481 Total Liabilities & Surplus $ 4,950,466,565 $ 4,736,226,698 $ 4,086,473,140 * Assets, liabilities and surplus are presented on a Statutory Accounting Basis as promulgated by the NAIC and/or the laws of the company's domiciliary state. A.M. Best: A++ Rating Standard & Poor's: AA+ Rating