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HomeMy WebLinkAboutGEM Industrial Inc; 2019-03-27; PWL19-739GSRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2019-0234550 111111111111111111111111111111111111111111 lllll lllll 111111111111111111 Jun 17, 2019 11 :12 AM 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: NOTICE OF COMPLETION Notice is hereby given that: 209-050-26-00 1. The undersigned is owner of the interest or estate stated beloytJ,!1p}bt,gropert_v hereinafter described. 2. The full names of the undersigned are City of Carlsbad, a municipal(..orp.,,utio-, · 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 April 17, 2019. 6. The name of the contractor for such work or improvement is GEM Industrial. 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. PWL19-739GS, Project Name: Safety Center Sheet Metal Replacement. 8. The street address of said property is 2560 Orion Way, Carlsbad, CA 92010, in the City of Carlsbad. --b','--.J"-'---r--~E=J-"'-'a;.:..<.;nt~~tJ, chief . Optrat11n.S () ffice r VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on June C, , 20Jj_, 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 "J"uflt / / , 20H, at Carlsbad, California. CITY OF CARLSBAD ~ Hec../-a{ bomt?., Dep•t_J -\•( BARBARA=SON= • ,;+~ City Clerk J IIFILES01V\Departments\Public Works\General Services\Agreements & Contracts\Gem Industrial Electric\Safety Center Sheet Metal Replacement -PWL 19- 739GSINOCl2.NOC -Safety Center Sheet Metal Replacement -PWL 19-739GS.docx Cleo/ CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS GEM Industrial has completed the contract work required for PWL 19-739GS -Safety Center Sheet Metal Replacement. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS Replace sheet metal at the bottom of gates. VALUE $3,250 CERTIFICATION OF COMPLETION OF IMPROVEMENTS John Ma~ Manager Date 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 improvements. <s:k Jh1c ~ Scott Chadw=: City Manager APPROVED AS TO FORM: CELIA BREWER, City Attorney directed to commence maintaining the above described Date \\FILES01V\Departments\Public Works\General Services\Agreements & Contracts\Gem Industrial Electric\Safety Center Sheet Metal Replacement. PWL 19-739GSINOC\3.API -Safety Center Sheet Metal Replacement -PWL 19-739GS.docx PWL19-739GS Safety Center Gate Sheet Metal Replacement - 1 - City Attorney Approved 2/29/2016 CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT Safety Center Gate Sheet Metal Replacement This letter will serve as an agreement between GEM Industrial Electric, Inc., a California corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to replace the sheet metal on the bottom of two (2) rolling gates, per Exhibit “A” and City specifications, for a sum not to exceed three thousand two hundred fifty dollars ($3,250). This work is to be completed within sixty (60) 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, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. __________ init __________ init 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. _______ init _______ 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. DocuSign Envelope ID: 26382E59-E156-4F26-A664-C26A8BD2B96E PWL19-739GS Safety Center Gate Sheet Metal Replacement - 2 - City Attorney Approved 2/29/2016 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: Brian Bacardi, 760-434-2944 Contractor Contact: Doug MacLachlan, 858-486-1758 CONTRACTOR GEM Industrial Electric, Inc., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California 16902 Rio Maria Road Lakeside, CA 92040 P: 858-486-1758 F: 858-668-0609 Info@gemindustrialinc.com By: By: (sign here) Douglas MacLachlan / President, CFO Paz Gomez, Public Works Director as authorized by the City Manager (print name/title) By: Dated: (sign here) (print name/title) (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 DocuSign Envelope ID: 26382E59-E156-4F26-A664-C26A8BD2B96E March 27, 2019 PWL19-739GS Safety Center Gate Sheet Metal Replacement Page 3 of 3 City Attorney Approved 9/27/16 EXHIBIT A Safety Center Gate Sheet Metal Replacement Contractor to provide all materials, tools and labor to remove and replace existing sheet metal at the bottom of the two (2) electric gates located at the City of Carlsbad Safety Center located at 2560 Orion Way, Carlsbad, CA 92010. Scope of work to include: - Contractor to remove existing sheet metal at the bottom of gates. - Contractor to prep and prime gate frames. - Contractor to weld new 10 gage galvanized sheet metal to gate frames. Welds shall be a minimum 1” long with a maximum 12” on center separation on the top and bottom of new sheet metal. Continuous face welds ground smooth shall be used on all sheet metal joints. - Contractor shall caulk all joints between new sheet metal and existing gate frame. Notes: - Contractor to pay Prevailing Wage rates. - Permits and/or fees excluded. - Painting excluded. - Contractor to remove and dispose of existing sheet metal. SCOPE OF WORK AND FEE DESCRIPTION PRICE Contractor to provide all tools, materials and labor to replace sheet metal at the bottom of gates. $3,250 TOTAL $3,250 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 26382E59-E156-4F26-A664-C26A8BD2B96E /-ACORD’.)- CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 1112112018 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERSNO RIGHTS UPONTHE CERTIFICATE HOLDER.THISCERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTEND OR ALTER THE COVERAGE AFFORDEDBY THEPOLICIESBELOW.-THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEENTHE ISSUING INSURER(S),AUTHORIZEDREPRESENTATIVEORPRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT::Ifthe certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.IfSUBROGATIONIS WAIVED,subject to the terms and conditionsof the policy,certain policies may requirean.endorsement.A statementon ° this certificate does not confer rights to thecertificate holderin lieu ofsuch endorsement(s).. PRODUCER;Aaron J.F I A I RONTACT Mary‘Bednar .:‘Aaron Farmer Insurance gency,ne.PHONE.=rd “ana,~_?"'7960 Silverton Ave.#202)on,oe pralaiiaLAE,is EE 699.0464 Ban Diego'Sunenno6 Se nGURERE AAFFORDING COVERAGE NAIC # Icense i::|INSURERA:The Ohio Casualty Insurance Company 24074 INSURED insureRB:Ohio Security Insurance:Company.24082 GEMIndustrial Electric,Inc.INSURERC:TOPA Insurance Company 18031 16902 Rio Maria Rd.INSURERD:State Compensation Insurance Fund 35076 Lakeside,CA 92040 ‘LINSURERE: :INSURER F: ’COVERAGES CERTIFICATE NUMBER:00000000-3224161 ’REVISION NUMBER:362 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED.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 AFFORDEDBYTHE POLICIES DESCRIBED.HEREIN IS SUBJECT TO ALL THE TERMS,.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCEDBYPAID CLAIMS.’ tre TYPE OF INSURANCE NeoWD POLICY NUMBER (MHIDBAYYY)qamopryyvy)|LIMITSA|_X|COMMERCIAL GENERALLIABILITY:Y Y BK01855820179 o Asloqi2018.;11101/2019'|EACHOCCURRENCE _s 1,000,000fod.aes DAMAGE TO RENTED >==cLaims.MavE [.X,]occur wed sy _.PREMISES (Ea occurrence)_|'$100,000 °|a ce ee de MED EXP (Anyoneperson)$5,000 PE pee ys}oe y.vce,[PERSONAL&ADVINJURY__|§1,000,000 :|GEN'LAGGREGATE LIMIT APPLIESPER:,To,4 _vo GENERALAGGREGATE”s |2,000,000 Thee]POLICY 5Ro Loc PRODUCTS -COMP/OP AGG|$2,000,000 OTHER:.:; B AvTomoBiLe LIABILITY Y Y BAS1855820179.11/01/2018 11/01/2019 ascadeny(|S *1,000,000 .4 ANY AUTO :BODILYINJURY(Per person)$. X SUMMEDty SCHEDULED BODILY INJURY(Peraccident)|$ y HIRED NON-OWNED PROPERTY DAMAGE _3X!AUTOS ONLY AUTOS ONLY accident).J $.5 =-“|@ |__|UMBRELLALIAB X occur XL00201232-01 11/01/2018 11/01/2019 EACH OCCURRENCE $4,000,000‘X Excess ua CLAIMS-MADE ‘_AGGREGATE $4,000,000Toe|__|retentions |._$|D [WORKERS COMPENSATION “|9227154-18 ‘ogot2018 |03/01/2019 |X |SFxrure|[EaANDEMPLOYERS’LIABILITY YIN )ANYPROPRIETOR/PARTNERIEXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH)’|ELL.DISEASE -EA EMPLOYER $1,000,000 __OESeRIETIONOFOPERATIONS below E.L.DISEASE -POLICY LIMIT $1,000,000 A |Installation Floater BK01855820179 11/01/2018 11/01/2019 Blanket $500 ded 393,316 J DESCRIPTION OF OPERATIONSJLOCATIONS /VEHICLES (ACORD101,Additional Remarks Schedulo,may be attachedif more space Is required)Re:Fire Station 5 Storage Building,Bid #PWS19-525TRAN,Project #4736.The City of Carlsbad/CMWD is listed as additional insured with respect to the GeneralLiability of the named insured per policy conditions,insurance is primary and WaiverofSubrogationapples.*10 day notice of cancellation applies for non-payment of premium. P.O.Box 4668 -ECM #350 New York,NY 10163-4668 50C/O EXGIS Insurance Compliance ACCORDANCEWITH THE POLICY PROVISIONS, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORECityofCarlsbad/CMWD THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVEREDIN AUTHORIZED REPRESENTATIVE (MTB) ©ga8-2015 ACORD CORPORATION.All rights reserved. The ACORD nameand logoare registered “Js of ACORDACORD25(2016/035(iy )Printed by MTB on November21,2018 at 07:56AM AGENCY CUSTOMERID:00000000 ..LOC #: <1 ©,,ACORD ADDITIONAL REMARKS SCHEDULE Page 2 of 2ae AGENCY NAMED INSUREDAaronJ.Farmer Insurance Agency,Inc.GEM Industrial Electric,Inc. POLICYNUMBERN/A CARRIER NAIC CODEMultipleCarriers EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:25 FORM TITLE:Certificate of Liability Insurance It is hereby understood and agreed that the policy to which this Certificate referes may not be cancelled,materially changed,or the amountofcoveragethereofreduceduntil10(10)days after receipt of written notice of cancellation or reduction in coverage by the City Clerk of the City ofCarlsbad.Coverage underthis policy shall be primary and noncontributing with any other insurance available to the City of Carlsbad. ACORD101 (2008/01)©2008 ACORD CORPORATION.All rights reserved. The ACORD nameandlogoare registered marks of ACORDPrinted-by MTB on November 21,2018 at 07:56AM NAACOMMERCIAL GENERALLIABILITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. COMMERCIAL GENERALLIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERALLIABILITY COVERAGE PART INDEX SUBJECT NON-OWNED AIRCRAFT NON-OWNED WATERCRAFT PROPERTY DAMAGELIABILITY -ELEVATORS EXTENDED DAMAGE TO PROPERTYRENTEDTO YOU(Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION | EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGESA AND B ADDITIONAL INSUREDS -BY CONTRACT,AGREEMENT OR PERMIT _PRIMARY AND NON-CONTRIBUTORY-ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHOIS AN INSURED-INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHOIS AN ‘INSURED -FELLOWEMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TODISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE,OFFENSE,CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFEROF RIGHTS OF RECOVERY AGAINST OTHERSTO US- WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU ©2013 Liberty Mutual InsuranceCG88100413IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. CG 88 10 04 13 PAGE Page 1 of 8 With respect to coverage afforded by this endorsement,the provisions of the policy apply unless modified bytheendorsement. A.NON-OWNED AIRCRAFT Under Paragraph 2.Exclusions of Section |-Coverage A -Bodily Injury And Property DamageLiability, exclusion g.Aircraft,Auto Or Watercraft does not apply to an aircraft provided: 1.It is not owned by any insured: '2.It is hired,-chartered or loaned with a trained paid crew; 3.The pilot in command holds acurrently effective certificate,issued by the duly constituted authority of the United States of America or Canada,designating her or him acommercial orairline pilot;and 4.It is not being used to carry persons or property for a charge. However,the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance,whether primary,excess (other than insurance written to apply specifically ‘in excess of this policy),contingent or on any other basis,that would also apply to the loss covered under this provision. B.NON-OWNED WATERCRAFT Under Paragraph 2.Exclusions of Section |-Coverage A -Bodily Injury And Property DamageLiability, Subparagraph (2)of exclusion g.Aircraft,Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2)A watercraft you do not own thatis: (a)Less than 52 feet long;and (b)Not being used to carry persons or property for a charge. C.-PROPERTY DAMAGELIABILITY -ELEVATORS 1.Under Paragraph 2.Exclusions of Section |-Coverage A -Bodily Injury And Property DamageLiabil- ity,Subparagraphs (3),(4)and (6)of exclusion j.Damage To Property do not apply if such "property damage"results from the use of elevators.For the purpose of this provision,elevators do not include vehicle lifts.Vehicle lifts are lifts or hoists used in automobile service or repair operations.- "2.The following is added to Section IV -Commercial General Liability Conditions,Condition 4,Other Insurance,Paragraph b.Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any Property insurance, whether primary,excess,contingent or on any other basis. D.EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) "Damage To Premises Rented To You is not otherwise excluded from this Coverage Part:. ’Under Paragraph 2.Exclusions of Section |-Coverage A -Bodily Injury and Property Damage Liability: a.The fourth from the last paragraph of exclusion j.Damage To Property is replaced by the follow- ing: Paragraphs (1),(3)and (4)of this exclusion do not apply to "property damage"(other than damage by fire,lightning,explosion,smoke,or leakage from an automatic fire protection system)to: (i)Premises rented to you for aperiod of 7 or fewer consecutive days;or (ii)Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1),(3)and (4)of this exclusion do not apply to "property damage"to contents of premises rented to you for aperiod of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section Ill -Limits of Insurance. ©2013Liberty Mutual InsuranceCG88100413IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission.Page 2 of 8 annb.The last paragraph of subsection 2.Exclusionsis replaced by the following: Exclusions c.through n.do not apply to damage by fire,lightning,.explosion,smoke or leakage | from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner.A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ill -Limits Of Insurance. 2.Paragraph 6.under Section Ill -Limits Of Insurance is replaced by the following: 6.Subject to Paragraph 5.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: a.Any one premise: (1)While rented to you;or (2)While rented to you or temporarily occupied by you with permission of the owner for damage byfire,lightning,explosion,smoke or leakage from automatic protection sys- tems;or b.Contents that you rent or lease as part of apremises rental or lease agreement. 3.As regards coverage provided by this provision D.EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage)-Paragraph 9.a.of Definitions is replaced with the following: 9.a.A contract for a lease of premises.However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage byfire,lightning,explosion,smoke,or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner,or for damage to contents of such premises that are included in your premises rental or lease agreement,is not an "insured contract". E.MEDICAL PAYMENTS EXTENSION” If Coverage C Medical Payments.is not otherwise excluded,the Medical Payments provided by this+policy are amended asfollows: ‘Under Paragraph 1.Insuring Agreement of Section.|-Coverage C -Medical Payments,Subparagraph . -(b)of Paragraph a.is replaced by the following: (b)The expenses are incurred and reported within three years ofthe date of the accident;and F.EXTENSION OF SUPPLEMENTARY PAYMENTS-COVERAGES AAND B 1.Under Supplementary Payments -»Coverages A and B,Paragraph 1.b.is replaced by thefollowing: b.Up to $3,000 for cost of bail bonds required because of accidents ortraffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have to furnish these bonds. 2.Paragraph 1.d.is replaced by the following: d.All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit",including actual loss of earnings up to $500 a day because of time off from’work.‘ G.ADDITIONAL INSUREDS -BY CONTRACT,AGREEMENT OR PERMIT 1.Paragraph 2.under Section II -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract,written agreement or permit.Such person or organization is an additional insured but only with respect to liability for "bodily injury","property damage"or "personal and advertising injury"caused in whole or in part by: a..Your acts or omissions,or the acts or omissions of those acting on your behalf,in the performance ’of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury".or "property damage"occurs,or the "per- sonal and advertising injury"is committed,subsequent to the signing of such written contract or written agreement;or ©2013 Liberty Mutual InsuranceCG88100413IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission.Page 3 of 8 b.Premises orfacilities rented by you or used by you;or c.The maintenance,operation or use by you of equipment rented or leased to you by such person or organization;or d.Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1)This insurance does not apply to "bodily injury",“property damage",or "personal and ad- vertising injury"arising out of the operations performed for the state or political subdivision; (2)This insurance does not apply to "bodily injury"or "property damage"included within the "completed operations hazard". (3)Insurance applies to premises you own,rent,or control but only with respect to the following hazards: (a)The existence,maintenance,repair,construction,erection,or removal of advertising signs,awnings,canopies,cellar entrances,coal holes,driveways,manholes,marquees, hoist away openings,sidewalk vaults,street banners,or decorations and:similar’-expo- sures;or oe (b)The construction,erection,or removal of elevators;or (c)The ownership,maintenance,or use of any elevators covered by this insurance. 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 insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a.above,a person’s or organization's status as an additional insured under this endorsement ends when: (1)All work,including materials,parts or equipment furnished in connection with such work,on the project (other than service,maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or (2)That portion of "your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for aprincipal as apart of the sameproject. With respect to Paragraph 1.b.above,a person’s or organization’s status as an additional .insured under this endorsement ends when their written contract or written agreement with you for such premises orfacilities ends. With respects to Paragraph 1.c.above,this insurance does not apply to any "occurrence"which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury"or "property damage". We have no duty:to defend an additional insured under this endorsement until we receive written notice of a "suit"by the additional insured as required in Paragraph b.of Condition 2.Duties In the Event Of Occurrence,Offense,Claim Or Suit under Section IV -Commercial General Liability Condi- tions. ©2013 Liberty Mutual InsuranceCG88100413IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission.Page 4 of 8 UmA2.With respect to the insurance provided by this endorsement,the following are added to Paragraph 2. Exclusions under Section |-Coverage A -Bodily Injury And Property Damage Liability: This insurance does not apply to: a."Bodily injury"or "property damage"arising from the sole negligence of the additional insured. b."Bodily injury"or "property damage"that occurs prior to you commencing operatioris at-the | location where such "bodily injury"or “property damage"occurs. c."Bodily injury","property damage"or "personal and advertising injury"arising out of the render- ing of,or the failure to render,any professional architectural,engineering or surveying services,including: (1)The preparing,approving,or failing 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 "occur- rence"which caused the “bodily injury"or “property damage",orthe offense which caused the "personal and advertising injury",involved the rendering of,or the failure to render,any professional architectural,engineering or surveying services. d."Bodily injury"or "property damage"occurring after: (1)All work,including materials,parts or equipment furnished in connection with such work,on the project (other than service,maintenance or repairs)to be performed by or on behalfof the additional insured(s)at the location of the covered operations has been completed;or (2)That portion of "your work"out of which the injury or damage arises has been puttoits” intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for aprincipal as apart of the same project. e.Any person or organization specifically designated ‘as an additional ‘insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS,LESSEES OR CONTRACTORS endorsement “sued by us and made a part of this policy. 3.With respect to the insurance afforded to these additional insureds,the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by acontract or agreement,the most we willpayonbehalf.ofthe additional insured is the amount of insurance: a.Required by the contract or agreement;or ‘b.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H.PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement underthis policy. Condition 4.Other Insurance of SECTION IV -COMMERCIAL GENERALLIABILITY CONDITIONS is amend- ed asfollows: a.The following is added to Paragraph a.Primary Insurance: If an additional insured’s policy has an Other Insurance provision making its policy excess,and you have agreed in awritten contract or written agreement to provide the additional insured coverage ona primary and noncontributory basis,this policy shall be primary and we will not seek contribution from the additional insured’s policy for damages we cover. ©2013Liberty Mutual InsuranceCG88100413IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission.Page 5 of 8 b..The following is added.to Paragraph b.Excess Insurance: When awritten contract or written agreement,other than a premises lease,facilities rental contract or agreement,an equipment rental or lease contract or agreement,or permit issued by a-state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory,this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured,this insurance is excess over anyother insurance’whether primary,excess,contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I].ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any formorendorsementunderthispolicy. 1.The following is added to Condition 2.Duties In The Event Of Occurrence,Offense,Claim or Suit: An additional insured under this endorsement will as soon as practicable:. a.Give written notice of an "occurrence"or an offense that may result in aclaim or "suit"under this insurance to us; b.Tender the defense and indemnity of any claim or "suit"to all insurers whom also have insurance available to the additional insured;and c.Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d.We have no duty to defend or indemnify an additional insured under this endorsement until-- we receive written notice of a"suit"by the additional insured. 2.The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section Ill -Limits of Insurance of this policy,whichever are less.These limits are inclusive of and not in addition to the limits of insurance available under this policy. J.WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS /MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1)of Section II -Who Is An Insured is replaced with the following: (1)"Bodily injury"or "personal and advertising injury’: (a)To you,to your partners or members (if you are apartnership or joint venture),to your members (if you are a limited liability company),to aco-"employee"while in the course of his or her employ- ment or performing duties related to the conduct of your business,or to your other "volunteer workers"while performing duties related to the conduct of your business; ‘(b)To the spouse,child,parent,brother or sister..of that co-"employee"or “oumieet worker"asa 'consequence of Paragraph (1)(a)above; (c)For which there is any obligation to share damages with or repay someone else who must “pay damages because of the injury described in Paragraphs (1)(a)or (b)above;or (d)Arising out of his or her providing orfailing to provide professional health care services.However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others,or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement,this provision (Paragraph (d))does not apply. Paragraphs (a)and (b)above do not apply to "bodily injury”or "personal and advertising injury"caused by an "employee"whois acting in asupervisory capacity for you.Supervisory capacity as used herein means the "employee’s"job responsibilities assigned by you,includes the direct supervision of other “employ- ees"of yours.However,none of these "employees"are insureds for "bodily injury"or "personal and ©2013 Liberty Mutual Insurance .CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.Page 6 of 8 ancadvertising injury"arising out of their willful conduct,which is defined as the purposeful or willful intent to .cause "bodily injury"or "personal and advertising injury",or caused in whole orin part by their intoxica- tion by liquor of controlled substances. The coverage provided by provision J.is excess over any other valid and collectable insurance available to your "employee". K.NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3.of Section Il -Who Is An Insured is replaced by the following: 3.Any organization you newly acquire or form and over which you maintain ownership or majority interest,will qualify as a Named Insured if there is no other similar insurance available to that organization.However: a.Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b.Coverage A does not apply to "bodily injury"or "property damage"that occurred before you acquired or formed the organization;and _¢.Coverage B does not apply to "personal:and advertising injury"arising out of an offense ‘committed beforeyou acquired or formed the organization. d.Records and descriptions of operations must be:maintained by thefirst Named Insured. No person or organization is an insured with respect to theconduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured underthis provision. L.FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions,the following is added to Condition 6.Repre- sentations:::--- Your failure to disclose all hazards or prior "occurrences"existing.as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided suchfailure to disclose all hazards or prior "occurrences"is not intentional. M.KNOWLEDGE OF OCCURRENCE,OFFENSE,CLAIM OR SUIT _Under Section IV -Commercial General Liability Conditions,the following is added to Condition 2.Duties In The Event of Occurrence,Offense,Claim Or Suit::: Knowledge of an “occurrence”,offense,claim or "suit"by an agent,servant.or “employee of any. insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 4.of Section Il -Who Is An Insured or a person who has been designated by them to receive reports of “occurrences",offenses,claims or "suits"shall have received such notice from the agent,servant or "employee". N.LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without ‘additional premium charge,your policy will automatically provide the coverage as of the day the revision is effectivein your state. O.BODILY INJURY REDEFINED Under Section V -Definitions,Definition 3.is replaced by the following: 3."Bodily Injury"means physical injury,sickness or disease sustained by a person.This includes mental anguish,mental injury,shock,fright or death that results from such physical injury,sick- ness or disease. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.Page 7 of 8 P..EXTENDED PROPERTY DAMAGE 'Exclusion a.of COVERAGE A.BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by thefollowing:.mo a.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. Q.WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV -Commercial General Liability Conditions,the following is added to Condition 8.Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against aperson or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work"done under a contract with that person or organization and.included in the "products-completed operations hazard"- provided:,/ 1.You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization;and 2.The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,inc.,with its permission.Page 8 of 8