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HomeMy WebLinkAboutKnorr Systems Inc; 2017-11-15; PKRC638Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT MONROE STREET POOL CIRCULATION PUMP REPAIR; CONT. NO. PKRC638 This agreement is made on the /5t/J day of ()r;;,t r-£2..rYl t)Q C , 20J2, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Knorr Systems, Inc. whose principal place of business is 2221 Standard Avenue, Santa Ana, CA 92707 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Jeanette Gant (City Project Manager) WAGE RATES. 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 Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the 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 execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer'' for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 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. MONROE STREET POOL CIRCULATON PUMP REPAIR CONT. NO. PKRC638 Page 1 of 6 City Attorney Approved 9/27/2016 Tracking#: FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. ,,/7 /'? Signature: / <j--/~:,u/4 r ,· .,, ,,,, Print Name: lluG·t<./1-f:. 5. fi I REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State 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. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than ........ $1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1,000,000 Property damage insurance in an amount of not less than ........ $1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. MONROE STREET POOL CIRCULATON PUMP REPAIR CONT. NO. PKRC638 Page 2 of 6 City Attorney Approved 9/27/2016 Tracking#: INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, 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 the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. 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. Start Work: Contractor agrees to start within 5 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 15 working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. II II II II II II Knorr Systems, Inc. (name of Contractor) 562312 (Contractor's license number) C-61, 035, C53 exp. 3/31/2019 (license class. and exp. date) 1000004538 (DIR registration number) 6/30/2018 (DIR registration exp. date) MONROE STREET POOL CIRCULATON PUMP REPAIR CONT. NO. PKRC638 Page 3 of 6 2221 Standard Avenue (street address) Santa Ana, CA 92707 (city/state/zip) 714-754-4044 (telephone no.) 714-754-1405 (fax no.) tomb@knorrsystems.com (e-mail address) City Attorney Approved 9/27/2016 Tracking#: 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 By: 'St. -.-_ ,/ / .· ¼ jt~1. (print name/title) By: (sign here) ,Z,p., HA.F-b 7Z ...,-£ (,:., 1q:DL (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: nager, Deputy City Manager or Department Director as authorized by the City Manager ( A1JEST: • \ h,rd}J, {\(i t.-m 1lk1.0--/;-n BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. !f..J! 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. BRE)'VER, City Attorney BY: (f_/4?--L!£"LL~ ~Assist.mt City Attorney Ary MONROE STREET POOL CIRCULATON PUMP REPAIR CONT. NO. PKRC638 Page 4 of 6 City Attorney Approved 9/27/2016 KNORR SYSTEMS UNANIMOUS WRITTEN CONSENT IN LIEU OF MEETING OF THE BOARD OF DIRECTORS September 29, 2017 THE UNDERSIGNED, being all of the members of the board of directors (the "Board") of Knorr Systems, Inc., a California corporation (the "Company"), hereby unanimously consent in writing to the taking of the following actions and the adoption of the following resolutions without a meeting in accordance with the procedures established in Section 307 of the California Corporations Code, such actions and resolutions to have the same force and effect as though duly taken and adopted at a meeting of the Board of the Company duly called and legally held. APPOINTMENT OF NEW OFFICERS RESOLVED, that each of the following persons is elected to the office of the Company set forth opposite his name below, to serve in accordance with the bylaws of the Company and at the discretion of the Board until his removal by the Board or until a successor shall have been .duly elected and shall have qualified: Roger Posacki -President RESOLVED, that after giving effect to the foregoing, the following persons are confirmed as being the officers of the Company elected to the office of the Company set forth opposite his name below: Roger Posacki Chief Executive Officer and President RickRue er Chief Financial Officer and Secretar GENERAL AUTHORITY RESOLVED, that the officers of the Company be, and each of them hereby is, authorized and empowered, in the name and on behalf of the Company, to take any action (including, without limitation, the payment of expenses) and to execute (by manual or facsimile signature) and deliver all such further documents, contracts, letters, agreements, instruments, drafts, receipts or other writings that such officer or officers may in their sole discretion deem necessary, appropriate or desirable to carry out, comply with and effectuate the purposes of the foregoing resolutions and the transactions contemplated thereby and that the authority of such officers to execute and deliver any of such documents and instruments, including without limitation any modification, extension or expansion, and to take any such other action, shall be conclusively evidenced by their execution and delivery thereof or their taking thereof; and it is further 23842427.LBUSINESS RESOLVED, that in connection with the transactions contemplated in the foregoing resolutions, the officers of the Company and counsel for the Company be, and each of them hereby is, authorized in the name and on behalf of the Company, to make any filings with any governmental agency necessary, appropriate or desirable in order to carry out fully the intent and accomplish the purposes of the foregoing resolutions, and such filings shall be conclusive evidence that the same are authorized hereby, and that any and all such filings heretofore or hereafter made by such officer or counsel for the Company within the terms of these resolutions be, and they hereby are, adopted, affirmed, approved and ratified in all respects as the official filing of the Company; and it is further RESOLVED, that all actions previously taken by any officer, employee or agent of the Company in connection with or related to the matters set forth in or reasonably contemplated or implied by the foregoing resolutions be, and each of them hereby is, adopted, ratified, confirmed and approved in all respects as the acts and deeds of the Company; and it is further RESOLVED, that in connection with the transactions contemplated by the preceding resolutions, the officers of the Company are, and each of them hereby is, authorized in the name and on behalf of the Company, to certify any more formal or detailed resolutions as such officer may deem necessary, appropriate or desirable to effectuate the intent of the foregoing resolutions; and that thereupon such resolutions shall be deemed adopted as and for the resolutions of the Board as if set forth at length herein. [Remainder of Page Left Intentionally Blank] 2 23842427.1.BUSINESS IN WITNESS WHEREOF, the undersigned have executed this Unanimous Written Consent of the Board of Directors, in one or more counterparts, as of the date first written above. Rick Ruegger Mark Burgess [Written Consent of the Board of Knorr Systems, Inc. (Appointing Officers)} IN WITNESS WHEREOF, the undersigned have executed this Unanimous Written Consent of the Boal'd of Directors, in one or more counterpaits, as of the date first written above. Roger Posacki Lr Rick.lR.uegge1· Mark Burgess [Written Consent of the Board of Knorr Systems, Inc. {Appointing Officers)} IN WITNESS WHEREOF, the undersigned have executed this Unanimous Written Consent of the Board of Directors, in one or more counterparts, as of the date first written above. Roger Posacki Rick Ruegger [Written Consent of the Board of Knorr Systems, Inc. (Appointing Officers)] Tracking#: EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to Business Name and Address DIR Registration License No., % of be Subcontracted No. Classification & Total Expiration Date Contract l(e, ,-..._ t I" J.~ B r Ho,-,:r.c,~ · -~ 1 t-•1 l'l,O, B ~-t. tl6., D.l .5 lh "--'"'"'"' .. -· -I' 4 9/N.J , .. Jl'l,,.,cc; ~,.,~ ~ t,f'2.C, l../t..S/' 1 3j. (.'-# Total% Subcontracted: The Contractor must perform no less than fifty percent (50%) of the work with its own forces. MONROE STREET POOL CIRCULATON PUMP REPAIR CONT. NO. PKRC638 Page 5 of 6 City Attorney Approved 9/27/2016 EXHIBIT B SCOPE OF SERVICES Knorr Systems, Inc. will repair the circulation pump at Monroe Street Pool. ITEM DESCRIPTION -Labor and Materials NO. 1 Repair One (1) Paco 25HP Circulation Pump: • System shut down • Set up rigging equipment • Isolate pump with existing valves • Disassemble pump and remove motor from volute • Rebuild pump with new sleeve, mechanical seal, 822 impeller, gaskets and existing motor • Remove rigging equipment • Restart system • Conduct performance testing 2 Sales Tax (7.75%) 3 Freight Agreement amount shall not exceed $13,674.95 MONROE STREET POOL CIRCULATON PUMP REPAIR Tracking#: PRICE $13,260.46 $259.49 $155.00 TOTAL $13,674.95 CONT. NO. PKRC638 Page 6 of 6 City Attorney Approved 9/27/2016 ACORD0 CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) L-----08/01/2017 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 Marsh USA, Inc. NAME: PHONE I r.t~ Nol: Two Alliance Center •AJC Noc-.. 3560 Lenox Road, Suite 2400 E-MAIL Aflanta, GA 30326 ~SS: Attn: Atlanta.CertRequest@marsh.com I Fax: 212-948-4321 INSURERISl AFFORDING COVERAGE NAIC# 457102-CAS.-GAUWX-17-18 INSURER A : Westchester Surplus Lines Insurance Co 10172 INSURED INSURER B : National Union Fire Ins Co. of Pitlsburah PA 19445 Knorr Systems, Inc. 25615 2221 S. Standard Ave. INSURER c : Charter Oak Fire Insurance Comoanv Santa Ana, CA 92707 INSURER D : Travelers Prooertv Casualtv Comoanv Of America 25674 INSURER E : Libertv Surolus Insurance Com 10725 INSURER F : Phoenix Insurance Comoanv 25623 COVERAGES CERTIFICATE NUMBER: ATL-004437093-07 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR ,,.,.,n lun,n POLICY NUMBER IMMIDD/YYYYI IMMIDD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY X X G2821800A 001 02/01/2017 08/01/2018 EACH OCCURRENCE $ 2,000,000 -~ CLAIMS-MADE 0 OCCUR ~~EMIS1H Yea~~c~r~ence1 -$ 100,000 X SIR $50,000 Per 0cc. -MED EXP (Anv one person) $ EXCLUDED PERSONAL & ADV INJURY $ 2,000,000 ----·-·-- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 =i 0PRO-DLOC PRODUCTS -COMP/OP AGG $ 4,000,000 POLICY JECT OTHER: POLICY AGGREGATE $ 10,000,000 ,I D AUTOMOBILE LIABILITY X X T J-CAP-9D897065TI L-17 08/01/2017 08/01/2018 COMBINED SINGLE LIMIT $ 1,000,000 /Ea accidenll -X ANY AUTO BODILY INJURY (Per person) $ --OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ r--HIRED -NON-0\MIIED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY /Per accidenll $ --Comp./Coll. Ded.: $1,000 $ ts X UMBRELLA LIAB M OCCUR BE 027711064 08/01/2017 08/01/2018 EACH OCCURRENCE $ 25,000,000 r-- EXCESSLIAB CLAIMS-MADE AGGREGATE $ 25,000,000 / DED J X IRETENTION$10000 $ F WORKERS COMPENSATION X TC2NUB-9D900314-17 (AOS) UO/UI/LUI/ 08/01/2018 X I ~~fTuTE I I OTH- AND EMPLOYERS' LIABILITY ER C YIN TRO-UB-9D90032-6-17 (AZ,FL,OR,WI) 08/0112017 08/01/2018 ANYPROPRIETORIPARTNERIEXECUTIVE 0 EL EACH ACCIDENT $ 1,000,000 G OFFICER/MEMBER EXCLUDED? NIA 7 J602089-17 (AL) 08/01/2017 08/01/2018 (Mandatory In NHI E.L. DISEASE -EA EMPLOYEE $ 1,000,000 ~~;~~~t-ff~~ ~nl~PERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 E Excess Umbrella 1000054456-07 08/01/2017 08/01/2018 Each Occurrence 25,000,000 / Aggregate 25,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: bimonthly ongoing pool service Certificate Holder is/are listed as additional insured (except Workers Compensation) as lheir interesls may appear until completion of the job, where required by written contract Umbrella policy sits excess of Genera Liability, Auto Liability, and Employers Liability. A Waiver of Subrogation applies in favor of the additional insured on the Workers Compensation policy where required by written contract CERTIFICATE HOLDER CANCELLATION City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE do Parks & Recreation Department THE EXPIRATION DA TE THEREOF, NOTICE WILL BE DELIVERED IN 6565 Alicante Road ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad, CA 92009 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I Manashi Mukherjee ..lvlo..'\A,.QOl,,,..c. ~~ © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: _4_5_7_1_02 ______________ _ LOC #: Atlanta .~ ® ACORD ~-ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Marsh USA, Inc. Knorr Systems, Inc. 2221 S. Standard Ave. POLICY NUMBER Santa Ana, CA 92707 CARRIER I NAICCODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance INSURERS AFFORDING COVERAGE/NAIC # INSURER G: Travelers Property Casualty Insurance Company (36161) Page 2 of 2 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD J INSURED: POLICY EFFECTIVE DATES: RECESS HOLDINGS, INC. 02-01-2017 -08-01-2018 POLICY NUMBER: G2821800A 001 INSURER AFFORDING COVERAGE: Westchester Surplus Lines Insurance Co. COMMERCIAL GENERAL LIABILITY. CG 20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ lT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Blanket as required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is am ended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole orin part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additiona.1 insured only applies to the extent permitted bylaw; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. VVith 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 a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 370413 © Insurance Services Office, Inc., 2012 Page 1 of 1 C. \Mth respect to the insurance afforded to these additional insureds, the following is added to Section 111 -Limits Of Insurance: lf coverage provided to the additional insured is required by a contract or agreement, the rrtbst we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits · of Insurance shown in the Declarations. Page2 of2 © Insurance Services Office, Inc., 2012 CG 2010 0413 POLICY NUMBER: TJ-CAP-9D897065-TIL-16 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- ment, the prbvisions of the Coverage Fonn apply unless modified by the endorsement. The following is added to the Section II -Liability Coverage, Paragraph A.1. Vlltto Is An Insured Pro- vision: Any person or organization that you are required to include as additional insured on the Coverage Fonn in EFFECTIVE DATES: NAMED INSURED: AUGUST 1, 2016 TO AUGUST 1, 2017 PLA YCORE HOLDINGS, INC. a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period 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. INSURER: TRAVELERS INSURANCE COMPANY OF AMERICA CA T4 37 0808 © 2008 The Travelers Companies, Inc. Page 1 of1