Loading...
HomeMy WebLinkAboutGoss Engineering Inc; 2019-01-03; PSA19-676TRANPSA 19-676TRAN AGREEMENT FOR SAFETY CENTER AIR HANDLING UNIT ASSESSMENT SERVICES GOSS ENGINEERING, INC. THIS AGREEMENT is made and entered into as of the of -JCH1l}0 ~ , 2019, by and between the CITY municipal corpo~ on, ("City"), and GOSS ENGINEERING, INC., a ("Contractor"). RECITALS 3,J day OF CARLSBAD, a California corporation, City requires the professional services of a consulting firm that is experienced in providing mechanical and electrical infrastructure assesments. Contractor has the necessary experience in providing these professional services, has submitted a proposal to the City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of one (1) year from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be Six Thousand, Five Hundred dollars ($6,500). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the 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 such workers employed by him or her in the execution of the 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. City Attorney Approved Version 6/12/18 PSA 19-676TRAN 5. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 6. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 7. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has 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, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 8. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Steven Stewart Title Municipal Projects Manager Department Public Works Department Address City of Carlsbad 1635 Faraday Aveo11e Carlsbad, CA 92008 2 For Contractor Name Shaw Gentry Title Principal Address 255 E. Rincon St., Ste. 301 Corona, CA 92879 Phone No. 951-340-1977 Email sgentry@goss-eng.com City Attorney Approved Version 6/12/18 PSA 19-676TRAN Phone No. 160-602-1543 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 9. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. YesD No 181 10. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 11. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 12. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it 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. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 13. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 14. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 15. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. II II II II 3 City Attorney Approved Version 6/12/18 PSA 19-676TRAN 16. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR GOSS ENGINEERING, INC., a California corporation 8~? A~~· 7 (siere) Shaw A. Gentry, President (print name/title) (sign here) Nicholas D. Ubrun, Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Paz Go auth If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Chairman, President, or Vice-President Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By: ___ u__=---=--'~---+-/ ___ _ AnmdaGu Deputy City Atto, ey City Attorney Approved Version 6/12/18 4 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 Riverside on November 30 n-i 2018 before me Nancy V. Cornejo, Notary Public -----------'------------------(insert name and title of the officer) personally appeared haw A. G:t<Q-n+r and ~ ,·Q ho las]) L) br u n ' who proved to me on the basis of satisfactory evi ence to be the person(s) whose name(s) is/@ subscribed to the within instrument and acknowledged to me that he/sh(Tthey executed the same in his/he their uthorized capacity(ies), and that by his/he~ signature(s)On the instrument the person(s , or the entity upon behalf of which the person(s) 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~ a,~ C ••••••••••••••••••••••••••••••••••••••• : •. NANCY V. OOANEJO : u COMM 12191411 I I ' HCJfM't ~. CALIFORNIA ~ ' 1. IIINEMIDE COUNTY ,. ! . MyCommllllan&piPaOclalllr'17.20IID: : .................................••• : (Seal) Attend kickoff meeting Obtain and review as-built drawings Conduct field investigation EXHIBIT "A" SCOPE OF SERVICES PSA 19-676TRAN Develop list of mechanical and electrical infrastructure and identify condition and remaining expected lifespan of each Prepare draft report of findings and submit to client for comment Participate in conference call to discuss draft report comments Incorporate client comments and issue final report TOTAL FEE, inclusive of miscellaneous direct costs (e.g., telephone, travel, etc.,) $6,500.00 City Attorney Approved Version 6/12/18 5 GOSS ENGINEERING October 29, 2018 Mr. Steven Stewart Municipal Projects Manager Public Works Department City of Carlsbad 1635 Faraday Carlsbad, CA 92008 EXHIBIT A Subject: City of Carlsbad Police Station HVAC and Electrical Assessment Proposal Dear Mr. Stewart: PSA 19-676TRAN 2:;5 E, Rincon Stre<-'t, Suite 301 Corona, CA 92H79 Iii i_9s·1) ~;!tG·19/l .a \9'.)l) :;:.~~~ lC:'-() ~ ;nL:-(f:Jv::,;,.:,n9,n-:,cr,r·J (Grn :fl) ~F~)\:°'1(J'!,0-::1ns Thank you for the opportunity to propose on this important assessment project at the City of Carlsbad police station. As requested, Goss Engineering, Inc. (Goss) is pleased to submit this proposal for the engineering effort. This proposal includes Scope of Work, Staff, Schedule, and requested Compensation. SCOPE OF WORK The general scope-of-work is to evaluate the existing mechanical and electrical infrastructure at the police station and provide recommendations prior to an upcoming $5.5 million renovation. The specific scope of work is envisioned as follows: • Attend kickoff meeting • Obtain and review as-built drawings • Conduct field investigation • Develop list of mechanical and electrical infrastructure and identify condition and remaining expected lifespan of each • Prepare draft report of findings and submit to client for comment • Participate in conference call to discuss draft report comments • Incorporate client comments and issue final report Goss' deliverables are proposed to include electronic copies of drawings and specifications at the listed submittals. 6 City of Carlsbad Requirements Please provide: • As-built drawings • Access to site for field investigation GOSS ENGINEERING • Access to building personnel for staff interviews • Comments at each submittal review phase Services not Included • Preparation of as-built drawings of existing systems • Testing/metering • Any design efforts • Plumbing system evaluation • Architectural efforts • Load calculation and/or system sizing evaluation • Energy studies • Cost estimation • Life cycle cost analysis • Value engineering • Drawing reproduction other than specified • Any meetings or site visits not specifically listed in the scope of work • Any item not reasonably inferred as part of the scope of work PSA 19-676TRAN We would be happy to provide any of the above services, except the actual construction effort, for additional fee consideration. ENGINEERING STAFF Mr. Shaw Gentry, PE, CEM, CWEP, is the proposed principal-in-charge and mechanical engineer-of- record. Mr. Brian Fogle, PE, is the proposed project manager. Mr. Edward Burtch, PE, is the proposed electrical engineer-of-record. Other Goss engineers and technicians will assist as necessary to complete the engineering work effort. SCHEDULE The assessment is proposed to take approximately 4 weeks to complete, excluding client review time. We are ready to begin work on this project upon your written notice to proceed and we are able to meet any reasonable scheduling requirement. Iii (~--:\1) Jtf'.) "1:)// ® ',,\1\,\.'',,"./.g(_;$)C-rjS'lfl~i_:(!n~ ((_;ffl 7 _~/(, S. ivLw1 S::rPtt, Sll!tt~ Jr):? ~=,)! 1Yld, CA 'FiHL: GOSS PSA 19-676TRAN ENGINEERING REQUESTED ENGINEERING FEE Based on the scope of work presented above, we will be pleased to provide the required engineering services on a lump sum basis, and billed in monthly progress payments, for the amount of sG,500. This requested engineering service fee also includes other direct costs associated with telephone, computers, travel, etc., which are necessary to complete the engineering effort. This proposal is valid for 60 calendar days. We greatly appreciate the opportunity to submit our proposal for this project and to have the opportunity to continue working with you in making a positive difference. If you have any questions, comments, or concerns, please call me at (951) 340-1977 so that I may address. Very truly yours, GOSS ENGINEERING, INC. Shaw Gentry, PE, CEM, CWEP Ii (951; 34c-19n ® ·.:✓vv-..·J.90ssrnq1n1::trin9 c<.:m 8 32(, S. Nt.lin S::r:-:(•t1 Suitt\ 1,)1 Corona, CA ~_vBH.:.~ ACORD9 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) L__,, 12/12/2018 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 REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Tina Cowie NAME: Cornerstone Specialty Insurance Services, Inc. r.tiNfio Ext\: (714) 731-7700 I rifc, Nol: (714) 731-7750 14252 Culver Drive, A299 E-MAIL tina@cornerstonespecialty.corn ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# Irvine CA 92604 INSURER A: RLI Insurance Company 13056 INSURED INSURER B: AXIS Insurance 37273 GOSS ENGINEERING, INC INSURERC: 255 E. Rincon Street, Ste 301 INSURER D: INSURER E: Corona CA 92879 INSURER F: COVERAGES CERTIFICATE NUMBER: 18/19 COVERAGES 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 POLICYEFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER /MM/DD/YYYYl /MM/DD/YYYYl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 D CLAIMS-MADE [81 OCCUR Ut'\IVlf'\IJC I U ru::;;1'1 I tu 1,000,000 PREMISES IEa occurrence\ $ X ADDTIONAL INSURED MED EXP (Any one person) $ 10,000 A X BLNKT \NVR OF SUBRO PSB0002966 03/31/2018 03/31/2019 PERSONAL & ADV INJURY $ INCLUDED GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000.000 Fl [81 PRO-DLoc PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 tEa accident) X ANYAUTO BODILY INJURY (Per person) $ -A OWNED SCHEDULED PSA0001724 03/31/2018 03/31/2019 BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS ,-HIRED i--NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY /Per accident) $ ,-i-- $ X UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 4,000,000 ,- PSE0001943 03/31/2018 03/31/2019 4,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ ./ OED I XI RETENTION $ O $ WORKERS COMPENSATION XI PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER YIN 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE □ N/A PSW0002509 03/31/2018 03/31/2019 E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ Each Claim $2,000,000 B Professional Liability AEA002344-02-2018 03/31/2018 03/31/2019 Annual Aggregate $2,000,000 Claims Made ✓ DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Carlsbad is Additional Insured for General Liability but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement. Coverage is subject to all policy terms and conditions. 30 days Notice of Cancellation 'Except 10 days Notice of Cancellation for non-payment of premium. For Professional Liability coverage, the aggregate limit is the total insurance available for all covered claims reported within the policy period. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad/CMWD ACCORDANCE WITH THE POLICY PROVISIONS. c/o EXIGIS Ins. Compliance Ser AUTHORIZED REPRESENTATIVE P.O. Box 4668 -ECM #35050 ~!1~:11 New York NY 10163-4668 I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: PSB0002966 RLI Insurance Company Named Insured: GOSS ENGINEERING INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR DESIGN PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM -SECTION II -LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product-completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION Ill H.2. Other Insurance -COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II - LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION Ill K. 2. Transfer of Rights of Recovery Against Others to Us -COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II - LIABILITY} We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 Policy Number: PSA0001724 Named Insured: Goss Engineering, Inc RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair -Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage -Loss Of Use L. Hired Car -Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition -Mental Anguish 0. Airbag Coverage P. Amended Insured Contract Definition -Railroad Easement Q. Coverage Extensions -Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300 03 11 Page 1 of 5 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured The following is added to the SECTION II - LIABILITY Coverage, Paragraph A.1. Who Is An Insured Provision: Any business entity newly acquired or formed by you during the policy period, provided you own fifty percent (50%) or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days following the acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. B. Employees As Insureds The following is added to the SECTION II - LIABILITY COVERAGE, Paragraph A.1 . Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Blanket Additional Insured The following is added to the SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: Any person or organization that you are required to include as an additional insured on this coverage form in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs is an "insured" for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II - LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non-contributory basis to the additional insured's own business auto coverage if you are required to do so in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs. D. Blanket Waiver Of Subrogation The following is added to the SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us: PPA 300 03 11 We waive any right of recovery we may have against any person or organization to the extent required of you by a contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. E. Employee Hired Autos 1. The following is added to the SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions: Paragraph 5.b. of the Other Insurance Condition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: b. 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 by your "employee" under a contract in that individual "employee's" name, with your permission, wh ile performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". F. Fellow Employee Coverage SECTION II -LIABILITY COVERAGE, Exclusion B.5. does not apply if you have workers compensation insurance in-force covering all of your employees. G. Auto Loan Lease Gap Coverage SECTION Ill -PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, is amended by the addition of the following: In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: Page 2 of 5 1. The amount · paid under the PHYSICAL DAMAGE COVERAGE sectlon of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnonTJal. wear and tear or high mileage. c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan ·or lease; and e. Cany-over balances from previous loans or leases. H. Glass Repair -Waiver Of D~ductlble SECTION Ill -PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by adding the following: No deductible for a covered "auto· will apply to glass damage if the glass Is repaired rather than replaced. . \ I. Personal Effects Coverage The following is added to SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions: c. Perso.nal Effects Coverage In the event of a total theft loss of your covered ."auto we will pay up to $400 for "loss" to wearing apparel and other personal effects whidi are: (1) OWned by an alnsured"; and (2) In or on your covered "auto"; No deductible applies to Personal Effects Coverage. · J. Hired Auto Physical Damage Coverage The following Is added to SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions: d. Hired Auto Physical Damage Coverage If hired aautos" are covered aautos• for Llab!Lity Coverage and this policy also provides Physical Damage Coverage for an owned aauto", then the Physical Damage Coverage is extended to "autos" that you hire, rent or borro'# subject to the following: (1) The most we will :pay f9r "loss" in any one "accidenr to a hired, rented or borrowed "auto" is the lesser of: (a) $60,000 PPA 300 03 11 (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the bettenTJent. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned auto will apply. (5) This Coverage Extension wiH not apply to: (a) Any "auto" that is hired, rented or --borrowed with a driver; or (b) Any "auto" that Is hired, rented or borrowed from your "employee" Hired Auto Physical l;)amage -Loss Of Use The following is added to SECTION II -LIABILITY COVERAGE, A.2. Coverage Extensions: e. We will pay sums which you legally must pay to the lessor of a covered "auto" which you have leased without a driver for thirty (30) days or less · for the lessor's loss of use of the covered "auto", provided: . (1) ·This insurance· provides . comprehensive, specified causes of losslor collision covered on the covered "auto"; (2) The loss of· use results from the covered "auto" being damaged In an "accident' while you are leasing it. We will pay up to. a maximum limit of $1,500 for this covered extension .. L. Hired Car -Worldwide Coverage · The following Is added to SECTION II -LIABILITY COVERAGE, A.2. Coverage Extensions: f. Hired Car -Worldwide Coverage (1) We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this lns.urance applies, caused by an "accident' , which occurs outside of the United States of America the territories and possessions of the Unit~ States of America, Puerto Rico and Canada resulting from the maintenance, or use of any covered aauto" of the private passenger type you lease, hire, rent or borrow without a driver for thirty (30) days or less. Page 3 of 5 (2) With respect ~o any cl~im made or "suit' instiMed outside the United States of America, the territories and possessions of the United States of America, Puerto Rico, and Canada: (a) You shall undertake the investigation, settlement and defense of such claims and "suits" and keep us advised of all proceedings and actions. (b) You will not make any settlement without our consent. (c) We will reimburse you: (I) For the amount of damages be- cause of liability Imposed upon you by law on account of "bodily" injury" or "property damage" to which this insurance applles, and ,,, (11) For all reasonable expenses incur- red with our consent in• connection with the investigation, settlement or defense of such claims or "suits". Reimbursement for expenses will be part of the Limit of Insurance for liability coverage shown in the Busi- ness Auto Coverage Declarations, and not In addition to such limits. (3) The limit of Insurance for Liability Coverage shown in the Business Auto Coverage Declarations is the most we wlll reimburse you for the sum of all damages imposed on you, as set forth In paragraph 2.c. above, and all expenses Incurred by you arising out of any single."accident' or "loss". (4) You must maintain the greater of the following primary auto liability insurance limits: (a) Compulsory admitted insurance with limits required to be in force· to satisfy , the legal requirements of th~ jurisdiction where the accident occurs; or (b) Insurance llmlts required by law and issued by a government entity or by an insurer licensed or permitted by law to · do business in the jurisdiction where the ' "accident' occurs; or (c) Auto liability insurance limits of ~t least $300,000 combined single limit or $100,000 per person/$300,000 per acci- dent Bodily Injury, $100,000 Property Damage. . If you fail to comply with the above, this Insurance is not invalidated. However, in the event of a "loss", we will pay only to the extent that we would have been liable had you so complied. PPA 300 03 11 (5) The insurance provided by this coverage extension is excess over any other collectible insurance available to you whether on a primary, excess contingent or any other basis. M Temporary Transportation Expenses SECTION Ill -PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions, subparagraph a. Transportation Expenses is deleted and replaced by the following: a. Transportation ·Expenses (1)' We will pay up to a maximum of $1,500 for temporary transportation expense incurred by you because of Physical Damage to a . coverage "auto". · .(2) We will pay only for those covered "autos· for which you carry Comprehensive, Collision or Specified Case of Loss Coverage. · · (3) We_ will pay only for those expenses Incurred by you during the period of time that begins twenty-four (24) .hours after the covered· "loss" and ends at the time when the covered "auto" can be reasonable repaired or replaced. (4) This coverage does not apply while there are spare or reserve "autos• available to ·you for your operations. N Amended Bodily Injury. Definition -Mental Anguish The" following is added to SECTION V - DEFINITIONS, Definition C.: "Bodily Injury" also includes mental anguish, but only when the mental anguish arises from other bodily injury, sickness or disease. 0 Airbag Coverage The following Is added to SECTION Ill -PHYSICAL DAMAGE COVERAGE B. ~xcluslons 3.a.: However, this exclusion w111 not apply to accidental discharge of an airbag due to mechanical · or electrical breakdown. ~ P. Amended Insured Contract Definition -Railroad Easement SECTION V -DEFINITIONS paragraph H. "Insured co1ntacr Is modified as follows: 1. Paragraph H.3. ls replaced by the following: 3. Any easement or license agreement. 2. Paragraph H.6.a. is deleted. Page 4 of 5 Q. Coverage Extensions -Audio, Visual And Data Electronic Equipment Not Designed So_lely For The Production Of Sound SECTION Ill -PHYSICAL· DAMAGE COVERAGE B. Exclusions, exception paragraph a. to exclusion 4.c. and 4.d. is deleted and replaced with the following: a. Equipment and accessories used with such equipment, except for tapes, records, discs or other electronic media device, provided such equipment is permaoently installed in the covered "auto" at the time of the "loss" or is removable from the housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "autos" electrlcal system, In or upon the covered "autos"; or R Notice Of An Knowledge Of Occurrence SEGTION IV -BUSINESS AUTO CONDITIONS, A.2. Duties In The Event Of Accident, Claim Sult Or Loss, subparagraph a. is deleted and replaced with the followlng: a: In the event of "accldenr, claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident" or "loss" Including: · (1) How, when and where the "accidenr or "loss" occurred; (2) The "lnsured's" name ~nd address; and (3) To the extent possible, the names and addresses of any injured person and witnesses. Your duty to give us or our authorized representative prompt notice of the "accidenr or "loss" applies only when the "accldenr or "loss" is known to: (1) You, if you are an lndlvldual; (2) A partner If you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. S Unlntentlonal Errors Or Orttlsslons SECTION IV -BUSINESS AUTO CONDITIONS, B. General Conditions; 2.: Concealment Misrepre- sentation Or Fraud is amended by adding the following: The unintentional omission of, or unintentional error in, any Information given by you shall not prejudice your rights under this insurance. However this pro- vision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. T. Towing Coverage SECTION Ill -PHYSICAL DAMAGE COVERAGE, A.2. Towing, is deleted and replaced by the following: 2. We will pay up to $750 for towing and labor costs Incurred each time a covered "auto" is disabled , due to a covered cause of loss. However: a. All labor must be performed at the place of disablement; and b. If the covered auto Is a private passenger type no deductlble applies; and c. If the covered auto is not of the private passenger type our obligation to pay will be reduced by a $250 deductible per disablement. ALL OTHER TERMS AND CONDITIONS OF TH S POLICY REMAIN UNCHANGED. PPA 300 03 11 Page 5 of 5 / Policy Number:PSE0001943 Named Insured: Goss Engineering, Inc. THIS ENDORSEMENT CHANGES THE POLIC RLIPack® FOR DESIGN EXCESS LIABILITY E RLI Insurance Company . PLEASE READ IT CAREFULLY. ROFESSIONALS HANCEMENT SCHEDULE OF COVERAGES ADDRESS D BY THIS ENDORSEMENT B. Additional Insured -Primary/Non-contributory C. Waiver Of Transfer Of Rights Of Recovery Against This endorsement~modifies ins.urance provided under the f COMMERCIAL EXCESS LIABILITY COVERAGE FORM B. Additional Insured -Prlmary/Non- conbibutory Paragraph K. Other lnsur:ance of SECTION IV -CONDITIONS is deleted and replaced by the following: K. Other Insurance If other Insurance, whether collectible or not, is available to the insured covering a loss also covered by this pollcy, the insurance afforded by this policy shall be in excess of, and shall not contribute with, such other Insurance. However, if the underlying insurance provides coverage to an . additional insured on a primary basis, or a primary and non-contributory basis, this Insurance shall be available to such additional insured on an excess basis over the underlying insurance. We will not share with other insurance which covers such ·'· addltlonal Insured as a named Insured. C Waiver Of Transfer Of Rights Of Recovery Against Others To Us Paragraph L. Subrogation of SECTION IV -. CONDITIONS is deleted and replaced by the following: L. Subrogation n the event of any payment under this policy, e insured must notify us of any of the risured's rights of recovery against any person r organization. We shall be subrogated to all uch rights. The il")sured shall execute and ellver Instruments and papers and do hatever else is necessary to secure such ·ghts. The insured shall do nothing after loss prejudice such rights. However we waive ny rights of recovery we may have against ny person or organization If the underlying nsurance also waives such rights. y amount recovered through subrogation or therwise shall be apportioned in the inverse rder of payment of the claim or claims nvolved to the extent of actual payment ereof by all Interests. The expenses of all uch recoveries and proceedings in nnection therewith shall be apportioned In e ratio of respective recoveries. With respect o proceedings conducted solely by us, If there s no recovery, we will bear the expense ereof. If there is a recovery, we shall be1 eimbursed in full from 1 uch recovery for the amount of all expenses ncurred by us before apportionment WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POU WAIVER OF OUR RIGHT TO RECOVER FROM ERS ENDO.RSEMENT--cAUFORNIA WC040306 (Ed. 04-84) We have the right to recover our payments from anyone liable for an lr;iju covered by this policy. We wlll not enforce our right ·against the . person or organization named in the Schedule. (This agreement applies on to the extent that you perfonn work under a wrttten contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneratlo of your employees while engaged in the work described In the Schedule. The additional premium for this endorsement shall be __ % of the callf mla workers' compensation premium otherwise due on such remuneration. Person or Organization All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you executed the contract before a loss Schedul b Description b performed for any person or organization that you h ve agreed with in a written contract to provide this a eement. This endorsement changes the pollcy to which It Is attached and Is effective on the d te Issued unless otherwise stated. (The Information below ls required only when this endorsement Is Issued subsequ nt to preparation of the pollcy.) Endorsement Effective 3/31/2018 Insured GOSS ENGINEERING, INC. Polley No. PSW0002509 Insurance Company RlJ lnsu nee Company Endorsement No.