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Nissho of California Inc; 2019-10-31;
City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR DECOMPOSED GRANITE MAINTENANCE SERVICES NISSHO OF CALIFORNIA, INC. This Amendment No. 1 is entered into and effective as of the _______ day of ___________________________, 20___, extending and amending the agreement dated October 31, 2019 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Nissho of California, Inc., (“Contractor") (collectively, the “Parties”) for decomposed granite maintenance services. RECITALS A. The Parties desire to alter the Agreement’s scope of work to extend and fund the Agreement for a period of two (2) years. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of two (2) years ending on October 31, 2022 on a time and materials basis not-to-exceed thirty-five thousand dollars ($35,000) per agreement year. 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// /// /// /// /// /// /// DocuSign Envelope ID: 5F470253-FF0D-43A0-AF87-9CC6A5CE8522 20 20October City Attorney Approved Version 1/30/13 2 4. The individuals executing this Amendment 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 Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Parks & Recreation Director (print name/title) ATTEST: By: (sign here) BARBARA ENGLESON City Clerk (print name/title) 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 Group B Chairman, President, or Vice-President 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: _____________________________ Deputy City Attorney DocuSign Envelope ID: 5F470253-FF0D-43A0-AF87-9CC6A5CE8522 Vice President Cecilia Dolleton-Secretary INSR ADDLSUBRLTRINSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Starr Indemnity & Liability Company The Continental Insurance Company 10/07/2020 Marsh & McLennan Agency LLC Marsh & McLennan Ins. Agency LLC PO Box 85638 San Diego, CA 92186 constructioncerts@marshmma.com Nissho of California, Inc. 1902 S. Santa Fe Avenue Vista, CA 92083 INSURED: POLICY#: POLICY PERIOD: TO: Nissho of California, Inc. 1000025611201 06/01/2020 06/01/2021 '! %#) $ ;<="!<<;<>?;<> 0 . 1 0-23425,3 0 1* 6 1* 0-23425,3 @ * 0 10><;>&, , !" # !! $ ! %& " ' ' ()*+ '! (' #*! $ ! %& " ' !"##! $!% # #& ' $!% ( !(# ) ) )# ! , - ./ signed prior to loss. # - * 0 . 0. ( 1 * ( + ! !"# 23 , 23 * 0. / ./ 4. / 5 /4 4 / 4 0 0./ 4/ 64 . * 4 , 41 7 ,* / 8 ./9 -* - ./ 0 . . / - ./ 1 .*: 0 ( ! !"# (/ - ./ 0 / . ,* - ./ 9 -* . . ! ( 9 1 . ! ( 1 INSURED: POLICY#:POLICY PERIOD: TO: Nissho of California, Inc. 1000025611201 06/01/2020 06/01/2021 INSURED: POLICY #: POLICY PERIOD: TO: Nissho of California, Inc. 1000025611201 06/01/2020 06/01/2021 INSURED: POLICY #: POLICY PERIOD: TO: Nissho of California, Inc. 1000025611201 06/01/2020 06/01/2021 INSURED: POLICY #: POLICY PERIOD: TO: Nissho of California, Inc. 1000025611201 06/01/2020 06/01/2021 INSURED: POLICY#: POLICY PERIOD: TO: Nissho of California, Inc. 1000003246 06/01/2020 06/01/2021 AGREEMENT FOR DECOMPOSED GRANITE MAINTENANCE SERVICES NISSHO OF CALIFORNIA, INC. A, T~S JGREEMENT is made and entered into as of the ,,-3 / st day of LL l' L~ , 20JS_, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Nissho of California, Inc., a corporation, ("Contractor"). RECITALS A. City requires the professional services of a company that is experienced in decomposed granite maintenance. B. Contractor has the necessary experience in providing professional services and advice related to decomposed granite. C. Contractor has submitted a proposal to 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 attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one year from the date first above written. The City Manager may amend the Agreement to extend it for two additional two-year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME 15 OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed thirty-five thousand dollars ($35,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty-five thousand dollars ($35,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 6. 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. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. 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, City Attorney Approved Version 6/12/18 2 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. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to 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. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 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. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. City Attorney Approved Version 6/12/18 3 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. II II II II City Attorney Approved Version 6/12/18 4 16. 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 Tim Selke Title Parks Superintendent Department Parks & Recreation City of Carlsbad Address 799 Pine Avenue, Suite 200 Carlsbad, CA 92008 Phone No. 760-434-2826 For Contractor Name Tom Baird Title Vice President Address 1902 South Santa Fe Avenue Vista, CA 92083 Phone No. 760-727-9719 Email tbaird@nisshoca.com 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. 17. 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~ 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Attorney Approved Version 6/12/18 5 City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, 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 information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the City Attorney Approved Version 6/12/18 6 County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. II II II II II II II II II II II II II II II City Attorney Approved Version 6/12/18 7 27. 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: -/} 1lt' (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California 1c, "" ~n.A.~ ,--J'. v. (£ ? Q;; s. LJJc~'\ +- (print name/title) ATTEST: By: (sign here) Ii . \~AJ!m Jtl,~ BARBARA ENGLESON (wfiq j)(){/ek,,,, SRQ"rf73!) (print name/title) rity Clerk 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: _ __,.(2----"""-,/_---"-'_g_c __ Deputy City Attornei) City Attorney Approved Version 6/12/18 8 EXHIBIT "A" SCOPE OF SERVICES Nissho of California, Inc. (Nissho) will provide as-needed maintenance for decomposed granite parking lots and walking paths. This work may include but is not limited to scarifying, grading, compacting and stabilizer application. All services must be negotiated and authorized by the City prior to commencement of work. Nissho will provide monthly invoices sufficiently detailed to include work completed and costs for approval by City. Work will be billed on a time-and-materials basis in accordance with the Schedule of Charges below. SCHEDULE Of CHARGES LINE NO. DESCRIPTION PRICE 1 Laborer $40.00/Hour 2 Foreman $50.00/Hour 3 Decomposed Granite Material $94.00/Ton 4 Equipment: Tractor $394.00/Hour 5 Equipment: Roller $394.00/Hour 6 Equipment: Delivery $321.00/Day 7 Materials Cost +15% Agreement amount shall not exceed thirty-five thousand dollars ($35,000) per Agreement year. City Attorney Approved Version 6/12/18 9 Client#· 436527 NISSHCALIF1 ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 5/28/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy{les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~f;!~CT Marsh & Mclennan Agency LlC ritmN:o Ext): J (IVC No): Marsh & Mclennan Ins. Agency lLC · loMlJ~ss: constructioncerts@marshmma.com PO Box 85638 INSURER($) AFFORDING COVERAGE NAIC# San Diego, CA 92186 INSURER A : Starr lndemntty & Llablllty Company 38318 INSURED INSURER&: Nissho of California, Inc. INSURERC: 1902 S. Santa Fe Avenue INSURERD: Vista, CA 92083 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED .BY THE: POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE IADDL SUBF LTR INSR "•"'D POLICY NUMBER POLICYEFF. I {MM/DD/YYYY) POLICY EXP l{MM/DD/YYYY) LIMITS A ~ COMMERCIAL GENERAL LIABILITY X X 1000025611191 P6/01/2019 06/01/202( EACH OCCURRENCE $1000000 □ CLAIMS-MADE ~ OCCUR ~~rt~H?E~~~~ncel $300 000 I-MED EXP (Any one person) $5.000 I-PERSONAL & ADV INJURY $1,000 000 / GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 R ~PR~ O Loc $2 000 000 POLICY X JECT PRODUCTS -COMP/OP AGG OTHER: $ A AUTOMOBILE LIABILITY X X 1000198575191 106/01/2019 06/01/202( COMBINED SINGLE LIMIT s1,000,000 (Ea-accident) -( ~ ANY AUTO BODILY INJURY (Per person) $ -OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY -AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) I-I- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ A WORKERS COMPENSATION X 1000003246 106/01 /2019 06/01/202( X l~ffruTE I l~JH-AND EMP,LOYERS' LIABILITY y / N $1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE Cm E.L EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) . E.L. DISEASE -EA EMPLOYEE s1 ooo ooo If yes, desaibe under E.L. DISEASE -POLICY LIMIT s1000000 DESCRIPTION OF OPERATIONS below ./ DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Addlllonal Remar1<s Schedule, may be attached if more space Is required) RE: All operations performed by the named insured on behalf of the certificate holder. The City of Carlsbad, its Officials, employees and volunteers are named as additional insured with respect to General and Auto Liability, per attached endorsements. Coverage is Primary and Non-Contributory. Waiver of Subrogation applies to General Liability, Auto Liability and Workers Compensation. CERTIFICATE HOLDER CANCELLATION City of Carlsbad .. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Pine Ave. Park Artwork Refurbishment ACCORDANCE WITH THE POLICY PROVISIONS. Cont. No. PKRC685 799 Pine Avenue, Suite 200 AUTHORIZED REPRESENTATIVE Carlsbad, CA 92008-2428 ,e!;~~ I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S4150796/M4149599 WSJLV INSURED: Nissho of California, Inc. POLICY#: 1000198575191 POLICY PERIOD: 0510112019 TO 06/0112020 COMMERCIAL AUTO CA 04441013 THIS ENDORSEMENT CHANGES THEPOLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is Indicated below. Named Insured: Nissho of California, Inc. Endorsement Effective Date: 06/01/2019 Name{s) Of Person{s) Or Organization(s): SCHEDULE W""RERE REQUIRED BY :wR.ITIEN CONTRACT. Information reauired to comolete this Schedule, if not shown above will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the e.xlent that subrogation is waived prior to the "accident" or the "loss" und~r a contract with that person or organization. CA 04441013 © Insurance Services Office, Inc., 2011 Page 1 of1 POLICY NUMBER: 1000198575191 COMMERCIAL AUTO CA 20011013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR -ADDITIONAL INSURED AND LOSS PA YEE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Nlssho of California, Inc. Endorsement Effective Date: SCHEDULE Insurance Company: Policy Number: 1000198575191 I Effective Date: 06/0112019 Expiration Date: 06to112020 Named Insured: Nissho of California, Inc. Address: Additional Insured (Lessor): ALL LESSORS WHERE REQUIRED BY WRITTEN CONTRACT Address: Designation Or Description Of "Leased Autos": CA 20011013 © Insurance Services Office, Inc., 2011 Page 1 of 2 Coveraaes Limit Of Insurance Covered Autos Liability $ Each "Accident" Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus Comprehensive $ Deductible For Each Covered "Leased Auto" Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus Collision $ Deductible For Each Covered "Leased Auto" Specified Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus Causes Of Loss $ Deductible For Each Covered "Leased Auto" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage 1. Any "leased auto" designated or described in the Schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. 2. For a "leased auto" designated or described in the Schedule, the Who Is An Insured provision under Covered Autos Liability Coverage is changed to include as an "insured" the lessor named in the Schedule. However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: a. You; b. Any of your "employees" or agents; or c. Any person, except the lessor or any "employee" or agent of the lessor, operating a "leased auto" with the permission of any of the above. 3. The coverages provided under this endorsement apply to any "leased auto" described in the Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the "leased auto", whichever occurs first. B. Loss Payable Clause 1. We will pay, as interest may appear, you and the lessor named in this endorsement for "loss" to a "leased auto". 2. The insurance covers the interest of the lessor unless the "loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor, we will obtain his or her rights against any other party. C. Cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor. · 3. Cancellation ends this agreement. D. The lessor is not liable for payment of your premiums. E. Additional Definition As used in this endorsement: "Leased auto" means an "auto" leased or rented to you, including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. Page 2 of2 © Insurance Services Office, Inc., 2011 CA 20011013 INSURED: Nissho of California, Inc. POLICY#: 1000198575191 POLICY PERIOD: 0610112019 TO 0610112020 COMMERCIAL AUTO CA.20 48 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ JT C.AREFULL Y. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insura1ce provided under 1he following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Goveraye Farm apply unless moditled by the endorsement. This·endorsement identifies perso.1(s) ororganization{s) who are "insureds'' for Covered Autos Liability Coverage under the Who Is An Insured provision of tl1e Coverage Form. This e1dorsement does not alter coverage provided In the Coverage Form. SCHEDULE Name Of Person{s) Or Organization(s): Where required by wrillan agreemenl sigm,d prior lo i'I loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown In the Schedule Is an "insured" for Covered Autos LiabilityCoverage, but only to the extent that person or organization q ualffles as an '1nsured" under the.Who lsAn Insured provision contained in Paragraph A.1. of S~ctlon II -Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Fo.rms and Paragraph D.2. of Section I • Covered Autos Coverages of the Auto OealE'!rs Coverage Form. CA2O481013 © Insurance SeIvices Office, Inc., 2011 Page 1 of 1 INSURED: Nissho of California, Inc. POLICY#: 1000025611191 POLICY PERIOD: 06/01/2019 TO: 06/0112020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Location(s) Of Covered Operations Organization(s): Where Required By Written Contract Where 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 amended 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", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusio_ns apply: This insurance does not apply to "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 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 a principal as a part of the same project C. 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 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 Umits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20100413 © Insurance Services Office, Inc., 2012 Page 1 of 1 INSURED:Nissho of California, Inc. POLICY#: 1000025611191 POLICY PERIOD: 06/01/2019 TO: 06/01/2020 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT 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 All persons or organizations as required by written As designated in written contract with the Named Insured contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended 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 or in 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 additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement \o provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section 111-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 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 INSURED: Nissho of California, Inc. POLICY#: 1000025511191 POLICY PERIOD: 06/01/2019 TO: 0610112020 COMMERCIAL GENERAL LIABILITY CG 24040509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Blanket as required by written contract. Information reauired to comolete this Scl1edule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us ol Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above 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". This waiver applies only to the person or organization shown in the Schedule above. CG24 040509 © Insurance Services Office, Inc., 2008 Page 1 of 1 INSURED: NlsshoofCallfornia, Inc. POLICY#: 100002s611191 POLICY PERIOD: 0610112019 TO 0610112020 {]~: Starr lndem11ity & Uabilily Compatl)' Primary and Non-Contributory Condition Comil"iert:ial General Liability Coverage Part A. S.ECTION tv = CONOiTIQNS, condition 4., Other ln!iitmmce is amended: ss-folt:nw;r 1. Trio fcillowmg-is l:\::n:rcd to paragrap-t, 4.:i.. of the Othar lni;urance con<11t1on: Tf1ls ins.,rar:ce Is pn.1m1ry insurance 8S ,espec1s cRir co1o•erage to i.he aod,tlonal 1ns1..•red. wl1e-re t!,0 written, contract ar wnltctt O{lrna.•mrnt icn;uu-cs ~at this m:su.l'aooc oo pr1ma;y :Jt>.d nof!-canttluiulory. In meit !:l\l't.ltli, we. will r,[)[ Sile':,( i;,:)ntrlbl.1!10:rl rrom i!ii!1~• o1l1flr' JflSUt<l!rtC-B pt<llC'f,' .i:J\'.:ltJ2it.il0 to Lil~ acitl:_l!Of'!-i.11 lrj!,;(.jJi.;ttf on. v.hich tt:e a,:i'(l:;fi{ln~I insured 1s ~ Named fi1s1rrsd, AUL OTHER TERtll'S AND CONDff!ONS R'::::!l.t~lt'.J: UNCHANGED. OG 107 (04/11) Page 1 ai' 1 copyrJgtlt 15' c. v, StiWi' & c.:irnpanv ~ Stilllff l~m!'litv & t.Mtlllily COrlij)li!MI.'/, J~JI rigllls n1serw1t lnr;lµ!ili,-~ ,i:ppyrt~tiut m!l/ll!cTfiill gf l:SP f"!'ap1.?rtlre~, In~., 1.1,,;m;l v.tth Iii; p!!!ml,;'1Jnn. INSURED: Nissho of California, Inc. POLICY#: 100002s611191 POLICY PERIOD: 06/01/2019 [~\ ffliY Starr Indemnity & f.iability Company .. ,..,. .. Dallas, TX 1"866-519-2522 TO: 06/01/2020 Amendment of Limits of Insurance (Per Project or Per Location Aggregate Limit) Policy Number: Effective Date: Named Insured: This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE FORM I. Your policy Is amendecf to include either a Per Project General Aggregate Limit, a Per Location General Aggregate Umit or a Per Project and Per Location General Aggregate Limit Please select only one of the following: 1. 2. Per Project GeneralAggregate Limit Per Location General Aggregate Limit i Per Project and Per Location General Aggreaate Limit [ J Overall Policy Aggregate Limit IF NEITHER OF THESE BOXES ARE CHECKED, THIS ENDORSEMENT .IS VOID. IF MORE THAN ONE OF THE THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID. IL SECTION Ill -LIMITS OF INSURANCE, Is amended to include the following: 1. The Limits of Insurance atid the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Lb11it is the most we wi II pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the ptoduots·oompleled opera lions hazard"; and ll'. Damages under Coverage B. 3. Persons or organizations making claims or bringing "suits". 4. The Products-Completed dperations Aggregate Limit Is the most we will pay under Coverage A for dama!,]es because of "bodily injury" and "property damage" included in the "products-completed operations hazard". OG 1i9107-11) Pag:e 1 of3 Ccpyrighl IO c • .v. Starr & Conip,.ny and St.arr Indemnity Be UabiUtyCotnpany. All rights ru~rved. lnl9udes oopyriflhlad mllterial of ISO Pro petties, 1110., used With its pe1111is$10i'). INSURED: Nissho of California, Inc. POLICY#: 1000025611191 POLICY PERIOD: 06/01/2019 .1-fff.iit,,~ U~' •,._;" ~ ,W • • •• ~.;.j;}' Sl4irr lnd~mmty & l.1ab,hly Company Dallas, TX 1-866-519°2522 TO: 06/0112020 5. Subject to 2 above, the Personal and Advertising Injury Limit is the most we wm pay under Coverage B for the sum of all damages because of au "personal and advertising injury" sustained by any one person or orgarnzation. 6. Subject to 2 or 3 above, whichever i/lppfies, the Eacn Occurrence Limit is the mos! we will ~ for the E;>Un1 of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all ''bodily injury" and "property damage" arising out of any one "occurrence". 7. Subject lo 6 above, the Damage to Premises Rented to You Limit is the most we will pay under coverage A.because of "property damage" to any one premises, while rented to you, or in the case of damage by fire!, while rented to you or temporarily oocupied by you with permission by the owner. 8. Subject to 5 above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses becaLtse of ''bodily injury'' swtained by any one person, 9. Subject to 2, 4, S, 6, and/or 7 above, the Per Project Aggregate Umit Is the most we will pay under Coverages A, B, and C combined for the sum of: a. Damages under Coverage A; b. Damages Under Coverage B; and o. Medical expenses under Coverage C arising out of the any single Location described above. 10. Subject to 2. 4, 5, 6, and/or 7 above, the Per Location Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum ot d. Damages under Coverage A; e. Damages under coverage s; and f. Medical expenses under Coverage C arising out of the any single Location described above. 11. The Overall Policy Aggregate is the most we will pay in any policy period regardless of number of projects or locations. The Limits of Insurance of this Coverage Part apply separately lo each consecutiVe annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period ls extended after issuanoe for an additional period of l.ess than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. Ill. The Limits of Insurance shown in the Declarations are deleted in their entirety and replaced by the. Limits of Insurance set forth below. General Aggregate Limit Each Occurrence Limit Products-Completed Operations Aggregate Lirnil Limits of Insurance $2,D00,000 $1,000,000 $2,000,000 OG 139 (07-11) Page 2 ofl Copyright.© C. V. Starr& Company and Starr Indemnity & Liability Company, All righlsfl!!lerved. lneludes copyrighted material of ISO Propertio_s, Inc., used With it5 pennissioti. INSURED: Nissho of California, Inc. POLICY#: 1000025611191 POLICY PERIOD: 06/01/2019 t(~ t~~ Starr Indemnity & liability Company Dallas, TX 1-866-519-2522 Personal & Advertising Injury Limit Damage to Premises Rented to You Medical Expense Limit IV. SECTION V-DEFINITIONS: is amended to include !he followin~ $1,000,000 $ 10D,000 $ 5,000 TO: 0610112020 23. "Location" means premises involving tt1e same or connecting lots, or premises whose connection is lnterrupted only by a street roadway, waterway. or right-of-way railroad ALL OTHER TERMS AND CONDITlONS REMNN UNCHANGED. Signed for STARR INDEMNITY & UABILITY COMPANY Nehemiah E. Ginsburg, Generat OG 139 (07-11> Page 3 of3 CoflYright © C. V, Starr & Compillly and Slllrt lnd&rnnity & Lillbility Compnny. All rii;ilte1 reserved ln<:ludl!S CQPyrighted materi!II orISO Propenh•s, Inc., usod wfth its parmi,;sio11, INSURED: Nissho of California, Inc. POLICY#: 1000198575191 Dallns, TX l-866-519-2522 POLICY PERIOD: 06/01/2019 TO: 0610112020 Additional Insured -Where Required Under Written Contract or Written Agreement Endorsement This endorsement modifies the insurance covera{le fom1(s) listed below that have been purchased IJy you and evidenced as such on the declarations page. Please read the endorsement an£! respective policy(iffi,} carefully. Business Au1o Coverage Form THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. It is hereby agreed that SECTION JI -COVERED AUTOS LIABILITY COVERAGE. A. Cov.=irage, 'l. Who Is An [nsured, is amended to include fue following: d. Any person or organization whom }''OU become obligated to include as an additional insure-ti under this poiicy. as a result of any written contract or Written agreement you enter into which requires you to furnish insurance to that person or organizaeon of tl1e type provided by this policy, but only w[th resl}ect to liability aris1ng out of use of .a covered "auto". However, the insurance provided will not exceedthelesserot (1) Tue coverage and/or limits of this policy, or 1;2) The coverage andior limits required lly said written contract or written agreement. All other tem1s and conditions of this Polley remain unchanged. Signed for ST ARR INDEMNITY & LIABILITY COMPANY SIC.-\. 1016 (0-1/1.I) ., / 1 ,<'"I ..:l,~-/:..t~t<PJ.. f. Jf/--MN£.vo/ Nehemuah E. Ginsburg, Genernf {l.Olrnsel Copyright ts> Sbrr fadmwty & Liability CompaBJ. All ~ts :us~~ Ill eludes cop)-'ri:Jtted material of ISO Properlil!cS, Inc., med mill ifs :pemiissioD.. P:tgel ofl .-----------------------------------------·--------- INSURED: Nissho of California, Inc. POLICY#: 1000003246 POLICY PERIOD: 06/01/2019 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY TO: 06/01/2020 WC 040306 {Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requlres you to obtain this agreement from US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shaH be_"-% of the California workers' compensation premium othervvise due on such remuneration. Schedule Person or Organization Job Description WHERE YOU ARE REQUIRED BY WRITTEN CONTRACT TO OBTAIN THIS AGREEMENT FROM US, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO lNSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. '"The premium charge for this endorsement shall be 2% of the premium developed in the State of California, but not less than $500 policy minlmum premium. This endorsement changes the policy to which it is attached and is effective on 1he date issued unless otherwise stated. (The Information below Is required only when this endorsement is issued subsequent to preparation of the policy.} .A~-countersigned By __ LJ__.·. __ ·_·~_>_·_._-_-__ tq1_. _. _· L--_:: _ _, ... ,._· __ .l we 04030s (Ed. 4-84) ©1998 by the WOt!tets' Cornpensatlan Insurance Rating Bureau of Califomla. All right$ reserved, --------------------------------------------------------