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HomeMy WebLinkAboutFireblast Global Inc; 2018-05-18; PWL18-136GSRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2018-0497572 11111111111111111111111111111111 lllll 111111111111111111111111111111111 Dec 03, 2018 01 :48 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 1 Space above this line for Recorder's use. PARCEL NO: 209-050-26-00 NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is the City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on June 22, 2018. 6. The name of the contractor for such work or improvement is Fire blast Global, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. PWL18-136GS, Replacement of Gas Detection Transmitter (Polytron) at Safety Training Center. 8. The street address of said property is Safety Training Center, 5750 Orion Street, Carlsbad, CA 92010-7201. CITY O.F CARLSBAD VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbar:500 Carlsbad Village Driv~ Carlsbad, California, 92008; the City/Executive Manager of said City on O (), / 5 , 20})[_, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on Qou' I 5 I 20 /~, at Carlsbad, California. \'~FCARLSBAD I . i1/Y1JCJc~ ~1Yl'"211~ ~RBARA ENGLESON 0 City Clerk \\FILES01V\Departments\Publ1c Works\General Serv,ces\Safety Training Center (STC)\2 Budget\2. Contracting\FireBlast Global-Annual Fire Prop PM Services\Contracts\NOC\NOC- PWL 18-136GS Replace Gas Detection Transmitter (Fireblast) Kennedy.doc CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Fireblast Global, Inc., has completed the contract work required for Project No. PWL 18-136GS, Replacement of Gas Detection Transmitter (Polytron) at Safety Training Center. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS (Specify if City or CMWD) Replacement of Gas Detection Transmitter (Polytron) at Safety Training Center (City) VALUE $3,924.93 CERTIFICATION OF COMPLETION OF IMPROVEMENTS Engineering ~J\ Date 1 CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above described improvements. ~ Scott Chadwi": City Manager Date APPROVED AS TO FORM: CELIA BREWER, City Attorney \IFILES01V\Departments\Publ1c Works\General Serv,ces\Safety Training Center (STC)\2. Budget\2 Contracting\FireBlast Global-Annual Fire Prop PM Serv,ces\Contracts\NOC\API PWL 18-136GS Replace Gas Detection Transmitter (Fireblast) Kennedy.doc PWL18-136GS CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT REPLACEMENT OF GAS DETECTION TRANSMITTER (POLYTRON) AT STC This letter will serve as an agreement between Fireblast Global, Inc., a California corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to replace one (1) Polytron Gas Detection Transmitter at the Safety Training Center located at 5750 Orion St, Carlsbad, CA 92010, per Exhibit "A", and City specifications, for a sum not to exceed three thousand nine hundred twenty-four dollars ninety three cents ($3,924.93). This work is to be completed within ten (30) working days after issuance of a Purchase Order. ADDITIONAL REQUIREMENTS 1. City of Carlsbad Business License 2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its agents, ,officers, officials, employees, and volunteers from 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 this Contract or work; or from any failure or alleged failure of the contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a combined policy of workers compensation and Employers' Liability in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the Risk Manager or the City Manager. Said 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. Insurance is 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 of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Proof of all such insurance shall be given by filing certificates of insurance with contracting department prior to the signing of the contract by the City. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues, Ordinances and Regulations, including Workers Compensation laws (Division 4 California Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101 through 1525), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract. 5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Gc;iver~roent Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. ~IA/~ __ r'-L--__ init -----init 6. The Contractor hereby acknowledges that debarment by another jurisdictioJ:,g_;9unds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. lL.~nit ___ init 7. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Replacement of Gas Detection Transmitter at STC Page 1 of 2 City Attorney Approved 9/27 /16 PWL18-136GS 8. 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 Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the work covered by this Letter of Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 9. City Contact: Jason Kennedy, 760-931-2236 Contractor Contact: Vern Nash 951-277-8319 CONTRACTOR FIREBLAST GLOBAL, INC., a California corporation 545 Monica Circle Corona, CA 92880 jgonzalez@fireblast.com By: (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California By: Elaine Lukey / Pu ~ks Director as authorized by the City Manager Dated: (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. 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: CELIA A. BREWER, City Attorney BY: Deputy City Attorney Replacement of Gas Detection Transmitter at STC Page 2 of 2 City Attorney Approved 9/27 /16 EXHIBIT II A II • FIREBLAST CLOEP,L 545 Monica Circle Corona, CA 92880 Phone: (951) 277-8319 Bill To: C000770 Carlsbad Fire Department Jason Kennedy 1635 Faraday Ave Carlsba~CA 92008 Item No. Description 40-003425 GAS DETECTOR PIR 7000 PROCESS ADAPTER SAMPLING 40-005851 GAS DETECTOR POL YTRON 8700 24VDC Service & Service Exspenses Terms and Conditions 1. Sales quote good for 90 Days. Unit EACH EACH EACH Quantity 2. Excludes taxes, duties, shipping, permits, bonds and special requirements (unless listed as line items above). PWL 18-136GS SALES QUOTE Quote Number: Quote Date: SQ001596 2/27/2018 Vern Nash Sales Person Terms Page: Due on Receipt 1 Ship To: Carlsbad Fire Department Jason Kennedy 1635 Faraday Ave Carlsbad, CA 92008 Unit Price 372.93 2,602.00 950.00 Subtotal: Total: Total Price 372.93 2,602.00 950,00 3,924.93 3,924.93 All amounts are in US Dollars 3. For fixed facilities, quote excludes thermal lining, infrastructure and electrical/fuel source to facility (unless listed as line item above). 4. Any previous sales quotes are no longer valid. A~if CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) 12/12/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATI()N ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EJtTEND 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: ,Jf the certificate holder Is an ADDrTIONAL INSURED, the poUcy(les) must_ have ADDITIONAL INSURED provialons or be endorsed. If SUBROGATION IS WAIVED, subject to the tenns and conditions of the poDcy, certain pollcles may ~Ire an endorsement A statement on this certificate does not confer rights to the certificate holder In lleu of such enclorsement(s). PRODUCER ~~CT Kathleen Panganiban MIUennlum Corporate Solutlons r,tl,.QN,t <=v+>· (949)857-4500 Ir~ Nol: (949)857-4800 License fl. OL 12555 AOORESS: kpanganlban@mcslns.com 5530 Trabuco Road I AfPOROINO COVERAGE NAJCIII Irvine CA 92620 INSURERA: Hartford Flre Insurance Company 19682 INSURED INSURERB: Ohio Security Ins Company 24082 Flrablast 451, Inc., OBA: Flf8biast Global IHSURERC: Twin City Fire Insurance Co. 29459 545 Monica Clr INSURERD: Securtty National Ins Company 19879 INSURERE: Axle Surplus Insurance Company 26620 Corona CA 92680-5447 IHSURERF: COVERAGES CERTIFICATE NUMBER: 17-18AII Lines REVISION NUMBER: THIS IS TO CERllFY. THAT THE POLICIES OF. INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT'MTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 'MTH RESPECT TO 'M-IICH THIS CERTIFlCATE MAY BE ISSUED OR MAY PERTAIN, TiiE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU. TiiE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES. LIMITS SHOVVN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~ .n -· EFF l"'Ut.Jl,;J t=.A.t-' ' TYPE OF IHSURANCE """" IIMID POLICY NUMBER IMI.IIDDIYYYYI LIMITS X COMIIERCIALGEHERAL LIAl3U.ITY EACH 00::URRENCE s 1,000,000 I CLAIMS-MADE ~ OCCUR =~dYd:" I t:U s 300,000 ,--MED EXP (Arn 008 P8™llll $ 10,000, A 72 CES OF7179 10/01/2017 10/01/2018 PERSONAL & N:N IN.n.JRY $ 1,000,000 --;-Ni..AGGREGATE LIMrf APPLIES PER: GENERALAOOREGATE s 2,000,000 ~~o~ ~LOC PROOUCTS • COMP/OP AOO $ 2,000,000 OTI-IER Employee Benefits $ 2,000,000 AUTOYOBILI! LIABlll1Y ~~;::,,r,GLE LIMIT S 1,000,000 X ANYAUTO BODILY INJURY (Per peraon) $ ,--ONNED -sa-EDULEO B AUTOSON.Y AUTOS BAS55759061 10/01/2017 10/01/2018 BOO LY INJURY (Per ecadenl) $ ~ HIRED ~ NON-OW-JED ~~~~DAMAGE $ AVTOSON.Y AUTOS ONLY : U ninsu rad motorist S 1,000,000 ~ UMBRELLA UAB ~ 00::UR EACH 00::U~E" "• S 5,000,000 C EXCESSUAB CLAI~ 72XS ON1271 10/01/2017 10/01/2018 N3GREGATE s 5,000,000 / DED I . I RETEN'TlON $ $ WORKERS COIIPEHSATION XI s¥rnrrE I I ~Rn-Ahl) EMPLOYERS' LIABILITY Y/N s 1,000,000 D ANY RROPRJETORIPARTNER/EXIVE D N/A S'M:1168456 11/01/2017 11/01/2018 E.L EACH ACCIDENT OFFlCERIMEMBER EXQ.LOED? (MandatolylnNH), E.L DISEASE -EA EMPLOYEE s 1,000,000 If ya&, desafbe under S 1,000,000 DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT Professional Liability Aggregate Limit $2,000,000 ~ E ENN599755 10/01/2017 10/01/2018 Per Clalm $2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEIICLES. (ACORD 101, Additional Ramarlal Schadule, may be -IT 1110111 ap11ca la required) City of Csr18bed, The Cfty, Its offlclaJs, employees end volunteers and 1111 other entities where required by written contract are named as additional insured with waiver of subrogation es respects General Llablnty per form H GOOO 1 0916 and WC waiver of subrogation applles per form 'M:040306 attached. 30 days NOC except non-payment/10 days given. [Replaces cert111cate dated 12/7/17] CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF TiiE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TiiE EXPIRATION DATE THEREOF, NOTICE Will. BE DELIVERED IN City of Car1sbad/CMWD r:Jo EXIGIS Insurance ACCORDANCE WITH THE POLICY PROVISIONS. PO Box4668 ALITHORIZED REPRESENTATIVE ECM#35050 ~P~~-~J New York NY 10163-4668 I -/ I ~ 1988-2015 ACORD CORPORATION. All rights raserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 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 such insured is also a named insured under another policy or would be a named insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired Or Fonned Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, 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 180th day after you acquire or form the organization 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; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Nonowned Watercraft Wrth respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Additional Insureds When Reguired By Written Contract, Written Agreement Or Pennit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. Page 12 of 21 A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors 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 and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance 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, except when 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 performed 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 HG 00 01 0916 (h) "Bodily Injury" or "property damage" aiislng out of the sol~ negligence of the vendor for: its own acts or omissions or those of its employees or anyone else acting on . its behalf. However, this exclusion does not apply to: ' (I) The exceptions contained in Sub- paragraphs (d) or (f); or (II) .Such l~spectlons, adjustments, tests or servicing as the vendor has agreed to make or· nonnally undertakes to ,make in the usual course of business, In connection with the . cHstrlbution or sale of the products. (2) This Insurance does not apply to any Insured person, or organization, . from whom you have acquired such products, or ~my Ingredient, part or container, entering into, accompanying or containing Sl!ch, products. b. Lessors Of Equipment (1) Any person(s) or · organlzation(s) from whom you I~ase equipment; but only with respect to their liability for •bocfily ln).Jry", •property damage" or •personal and advertising Injury" caused, In whole or In part, by your maintenance, · operation or use .of equipment leased to you by such person(s) or organization(s). (2) With respect to the insurance afforded to these addltlonal Insureds this Insurance does not apply to any •occurrence• which takes place· afl~r the equlpment lease expires. c. · Lessors Of Land Or Premises Any persoh or organiZatlon from whom you lease land or premises, but only with respect to liability, arising ·qut of the ownership, malnte·nance or use of that part of the land or premises leas~ to you. With respect to the insurance afforded these additional insureds the following additional · exclusions apply: This.Insurance does not apply to: 1. Any 11oc'currence" which takes place after · you cease to lease that land; or 2. Structural alterations, new construction or . demolition operations perfonned by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors Any architect, engineer, or surveyor, but only with respect to· liability for 'bodily injury", "property damage" or "personal · and advertising Injury" caused, In whole or in part, by your · acts or omissions or the acts or HG 00 01 0916 omissions of those acting on your behalf:· (1) In connection with your premises; or (2) In the perfonnance of your ongoing operations perfonned by you or on your behalf. With respect to the Insurance afforded these addltlonal Insureds, the following addltlonal: exclusion applies: ' This insurance does not apply to •bocfily in)Jry", "property damage• or •personal and advertising Injury" arising out of the rendering of or the failure to render any professlonal services by or for you, Including: 1. The preparing, approving, or faiHng to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. 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 inl;iured, If the "occurrence" which ·caused the "bodily injury" or •property damage•, or the offense which caused the "personal and advertising injury", involved the rendering , pf or the failure to render any prof0l;isional services by or for you. e. Permits Issued By State Or Political Subdlvlslon·s Any state or political subdivislon, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has Issued a pennlt. With respect to ~he Insurance afforded these additional Insureds, this Insurance does not apply to: (1) •socfily injury", •property damage" or •personal and advertising injury" arising out of operations perfonned for the state or munlclpallty; or (2) •soolly injury" or Included within the operations hazard". f. Any Other Parfy "property damage" "products-completed I Any other person or organization who Is not an additional Insured under Paragraphs a. through e. above, but only with respect to liability for •bodily ln).Jry", "property damage" or npersonal and advertising injury'' caused, In whole or In part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the perfonnance of your ongoing operations; Page 13 of 21 (2) In connection with your premJses owned by or rented to you; or (3) In connectlQn with "your wor1c" and included within the "products-completed operations hazard", but only If (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" Included within the "products- completed operations hazard". However: (1) The insurance afforded to such additional Insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured Is required by a contract or agreement, the Insurance afforded to such addltlonal Insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. With respect to the Insurance afforded to these additional Insureds, this Insurance does not apply to: "Bodily ln)JI)'", •property damage" or "personal and advertising injul)'" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, Including: (1) The preparing, approving, or faffing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) 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 services by or for you. The limits of insurance that apply to additional Insureds Is described in Section Ill -Limits Of Insurance. How this Insurance applies when other Insurance Is available to the additional Insured is described In the other Insurance Condition In Section IV - Commercial General Liability Conditions. Page 14 of 21 No person or organization Is ~n Insured with respect to the conduct of any current or past partnership, joint venture or limited llabllity company that is not shown as a Named lnsu~ ln'the Declarations. SECTION Ill -LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance · shown In the Declarations and the rules below fix the most we will pay regardless of the number of: .·· a. Insureds; b. Claims made or "suits" brought; or c. Persons or organlµtions making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit Is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bocmy Injury" or "property damage" Included lff the "products- completed operations hazard"; and c. Damages under Coverage B. 3. Products-Completed Operations Aggregate Limit · · The Products-Complet~d Operations Aggregate Limit is the most we wlll pay under Coverage A for damages because of "bodily Injury" and "property damage" Included in .the "products- cor:npleted operations hazard". 4. Personal And Advertising Injury Limit Subject. to 2. above, the Personal and Advertising Injury Limit is the. most we will pay under Coverage B for the sum of all damages because of all "personal and advertising ln).lry" sustained by any one person or organization. 5. Each Occurrence Llmit------ Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all ~bodily injury" and "property damage" arising out of any.one "occurrence". 6. Damage To Premises Rented To You Limit Subject to 6. above, the Damage To Premises Rented To You Limit is 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 damag'e by fire, lightning or expk;)slon, while rented to you or temporarily occupied by you with permission of the owner. ' HG 00 01 0916 In the case of damage by fire, lightning or exploslon, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Umit Subject to 6. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily ln)Jry'' sustained by any one person. 8. How Limits Apply To Additional Insureds If you· have agreed In a wrttten contract or wrttten agre~ment that another person or organization be added as an additional Insured on your policy, the most we will pay on behalf 9f such additional Insured is the lesser of: a. The llmlts of insurance specified in the wrttten contract or written aweement; or b. The Limits of Insurance · shown · in , 'the Declarations. Such amount shall be a part of and not In addition to Limits of Insurance. shown In the Declarations and descrl.bed in this Section. The Limits of Insurance ·of this Coverage Part apply separately .to each consecutive annual period and to any remaining period of less than 12 months,· starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after Issuance for an additional period of less than 12 months. In that case, the addltlonal period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or .of the insured's estate will not relleve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to It that we are notified as soon as practicable of an "occurrence" or an offense which may result In a claim. To the extent possible, notice should Include: (1) How, when ar:tQ where the "occurrence" or offense took place; (2) The· names and addresses of any Injured persons and witnesses; and (3) The nature and location of any injury or -damage ·arising out of the "occurrence" or offense. HG 00 01 0916 b. Notice Of Claim If a claim is made or "suit'' Is brought against any Insured, you or any additional Insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to It that we receive wrltte.n notice of the claim or "suit" as soon as practicable. c. As~lstance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copjes of any demands, nottces, summonses or legal papers received In connection with the claim or "suit''; · (2) Authorize us to obtain records and other Information; (3) Cooperate with us in the Investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this Insurance may also apply. d. Obli1;1at1ons At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional Insured, such addltlonal insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance ~ primary and non-contributory with the additional lnsured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Sult Paragraphs a. and b. apply to you or to any additional Insured only when such noccurrence", offense, claim or "suit" is known to: (1) You or any additional Insured that Is an individual; (2) Any partner, if you or the additional Insured is a partnership; Page 15 of 21 (3) Any manager, if you or the additional insured is a limited liability co mpany; (4) Any "executive officer'' or insurance manager, if you or the additional insured is a corporation ; (5) Any trustee, if you or the additional insured is a trust; or (6) Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the cla imant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; Page 16 of 21 (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I -Coverage A -Bodily Injury And Property Damage Liability; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I -Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance ; or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (R) Primary And Non-Contributory To Other Insurance Wilen Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. HG00010916 Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium HG 00 01 0916 computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us ; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Otners To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subro9!n!on) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the Page 17 of 21 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER Of OUR RIGHT To RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right To recover our payments from anyone liable For an injury covered by this policy. We will Not enforce our right against the person Or organization named In the Schedule. (This agreement applies only To the extent that you perfonn work under a written contract that requires you To obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration Of your employees 1/Vhile engaged In the work described In the Schedule. ~ The additional premium For this endorsement shall be 5% Of the Caltfomia workers' compensation premium otherwise due on such remuneration. Person or. Organization City of Baytown Baytown, TX 77521 City of Calsbad/CMWQ rlo EXIGIS Insurance New York, NY 10163-4668 Schedule Job Description . , Sp~ific waiver per written contract Specific ·waiver per written contract.· \ This endorsement changes the policy to which It Is attached and Is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement_ Is Issued subsequent to preparation of the pollcy.) Endorsement Effective 11/1/2017 Policy No. SWC1168456 Endorsement No. 2 Insured Fireblast 451, Inc. (A Corp) Premium$ 76793 Insurance Company Security National Insurance Company Countersigned bY---------------,------- WC 0403 06 (Ed.~)