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HomeMy WebLinkAboutNorcal Pipeline Services; 2018-02-22; TRAN1656NorCal Job No.: 1980-TV TRAN1656 AGREEMENT FOR 2017 STORM DRAIN CONDITION ASSESSMENT SUPPLEMENT PROJECT SERVICES NORCAL PIPELINE -THIS AGREEMENT is made and entered into as of the 22. rd day of l-cbt1JC((\.I , 20 ,ra, by and between the CITY OF CARLSBAD, a municipal corpo ation, ("City"), and NORCAL PIPELINE SERVICES, a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in CCTV and PACP evaluation. B. Contractor has the necessary experience in providing professional services and advice related to cctv and pacp evaluation. 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 thirty (30) days from the date first above written. 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. 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 9/27/17 TRAN1656 5. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 6. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be twenty-eight thousand nine hundred eighty-six dollars ($28,986). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 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". 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, 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. City Attorney Approved Version 9/27 /17 2 TRAN1656 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/CMWD as an additional insured. 11.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 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. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. City Attorney Approved Version 9/27 /17 3 TRAN1656 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. 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. City Attorney Approved Version 9/27/17 4 For City Name Daniel Zimny Title Assistant Engineer Department Public Works City of Carlsbad Address 1635 Faraday Av Carlsbad, CA 92008 Phone No. 760-602-7551 TRAN1656 For Contractor Name Tom Lyon Title Project Manager Address 5050 Business Center Drive, Suite 200 Fairfield, California 94534 Phone No. 916-442-5400 Email tlyon@norcalpipe.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 four categories. Yes D No cg] 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 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 City Attorney Approved Version 9/27 /17 5 TRAN1656 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 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. City Attorney Approved Version 9/27/17 6 TRAN1656 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 9/27 /17 7 TRAN1656 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 NOR CAL PIPELINE SERVICES, a California /tioo By: v- ~- David A. Jaeg r, Owner/President (print name/title) By: ** See Attached Resolution** (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Elaine Lukey, Public, ks Director as authorized by the City Manager 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. ** See Attached ** APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:____._~----=-=--=--~---==-=--- Deputy City Attorney City Attorney Approved Version 9/27 /17 8 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 Solano on January 29, 2018 before me, Terah Matts, Notary Public (insert name and title of the officer) personally appeared David A Jaeger who proved to me on the basis of satisfactory evidence to be the personOO whose name~ is/a(e subscribed to the within instrument and acknowledged to me that he/s)(e/t)¢y executed the same in his/~/t~ir authorized capacity(i)$), and that by his/~r/t~ir signaturees) on the instrument the person~, or the entity upon behalf of which the person Cl() 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 _;;frU@t ........ ..___,"--"""--V-=~:::-_-___ _ (Seal) N C I l#H9ihJM or-a ,w.@H California License. No. 935878 NOR-CAL PIPELINE SERVICES Resolution to Authorize Signing of Legal Documents RESOLVED, that the Corporation authorize David Jaeger authority to sign any and all legal documents for Nor Cal Pipeline Services. The undersigned hereby certifies that he is the duly elected and qualified Secretary and the custodian of the books and records and seal of NOR CAL PIPELINE SERVICES, a corporation duly formed pursuant to the laws of the state of CALIFORNIA and that the foregoing is a true record of a resolution duly adopted at a meeting of the Board of Directors and that said meeting was held in accordance with the state law and the Bylaws of the above named Corporation on August 3, 2009, and that said resolution is now in full force and effect without modification or rescission. IN WITNESS WHEREOF, I have executed my name as Secretary and have hereunto affixed the co, __ _.e seal of the above named Corporation this third day of August, 2009. 5050 Business Center Drive. Suite 200, Fairfield, California 94534 · 916-442-5400 · FAX 707-759-2374 EXHIBIT "A" SCOPE OF SERVICES 9 TRAN1656 City Attorney Approved Version 9/27/17 Nor-Cal• City of Carlsbad -Public Works Proposal for: Transportation Engineering PROPOSAL DATE: 01/17/2018 CUSTOMER NAME: City of Carlsbad PROPOSAL TO: Daniel Zimny STREET: 1635 Faraday Avenue CITY, STATE, ZIP CODE: Carlsbad, CA 92008 TELEPHONE: 760.602.7551 EMAIL: daniel.zimny@carlsbadca.gov ITEM DESCRIPTION 1 Laborer -Straight Time 2 Laborer -Overtime 3 Video Camera Inspection Unit 4 Support Utility Vehicle 5 Traffic Control 6 Hotel & Per Diem 7 Overhead -Insurance JOB CONDITIONS: Nor Cal Pipeline Services is signatory to the Operating Engineers and Laborers Union No SWPPP. No notification of residents and businesses. No permits, fees or bonds. No clearing of brush, trees or debris outside of pipe Hourly Rates will be billed portal to portal OTHER CONDITIONS Exhibit A Provided by: Nor Cal Pipeline Services 5050 Business Center Drive, Suite 200, Fairfield, CA 94534 LN: 935878 Type: General Engineering {916} 442-5400 Fax: (707) 759-2374 PROJECT NAME: CCTV Condition Assesment Program 2017 Ins PROJECT LOCATION: El Fuerte Between Loker and Faraday & La Costa Avenue/ La Costa Pointe QUANTITY UNIT UNIT PRICE AMOUNT 88 Hour $ 80.00 $7,040.00 11 Hour $ 106.00 $1,166.00 36 Hour $ 145.00 $5,220.00 36 Hour $ 35.00 $1,260.00 4 Day $2,350.00 $9,400.00 4 Day $ 225.00 $ 900.00 1 Lump Sum $4,000.00 $4,000.00 $ 0.00 $ 0.00 $ 0.00 TOTAL: $28,986.00 CERTIFIED PAYROLL [Z]v [Z] y D N COMMENTS: INSURANCE REQUIREMENTS: ON Acceptance of Proposal: The above prices and specifications are satisfactory and are hereby accepted. Customer: Contractor: Nor Cal Pipeline Services: Authorized Signature: Authorized Signature: Printed Name: Printed Name: Thomas Lyon Title: Title: Project Manager/ Estimator Date: Date: 01/17/2018 10 All work on the Project is subject to Nor-Cal Pipeline Services Standard Terms and Conditions. NOR-PIP-01 GMILLER AC~RD'' CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) ~ 1/31/2018 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 BYTHEPOLICIES 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 certfflcate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain pollcles may require an endorsement A statement on this certificate does not confer rights to the certificate holder In Heu of such endorsement(s). PRODUCER License # OC36861 ~I~cT Greg Miller Lodl-Alllant Insurance Services, Inc. rr,gN:., Extl: <209> 21 o-&969 I fM_ Nol: (209) 333-1584 641 South Ham Ln Ste. B Lodi, CA 95242 Li-lf:I~: GMillerQalliant.com INSURER(&) AFFORDING COVERAGE NAIC# INSURER A: Valley Forge Insurance Company 20508 INSURED INSURER B : Contlnen1al Insurance Company 35289 Nor-Cal Plpellne Services INSURER c: Great American Insurance Company 16691 5050 Business Center Drive, Suite 200 INSURER D : Berkshire Hathaway Homestate Insurance Company 20044 Falrfleld, CA 94534 INSURERE: INSURERF: 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 lYPE OF INSURANCE LTR INSD WVD POLICY NUMBER tM"W51rlf.l:n ,~~ LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ~ D CLAIMS-MADE [!] OCCUR 6050576758 10/01/2017 10/01/2018 UAMAl.>t: TO REN1 ED 100,000 X X PREMISES /Ea occurrence\ $ MED EXP (Any one person) $ 15,000 - PERSONAL & ADV INJURY $ 1,000,000 -- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Fl [!] PRO-DLoc PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: EMPLOYEE BENEFI $ 1,000,000 / AUTOMOBR..E LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 /Ea accident\ B x ANY AUTO X X 6050576744 10/01/2017 10/01/2018 BODIL y INJURY (Per person) $ ~ ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ x x NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS /Per accident\ x b~i7/&~L -$ X UMBREUAUAB M OCCUR EACH OCCURRENCE $ 9,000,000 -TUU421286402 10/01/2017 10/01/2018 9,000,000 C EXCESSUAB CLAIMS-MADE X X AGGREGATE $ / DED I X I RETENTION$ 10,000 $ WORKERS COMPENSA110N XI ~f~TUTE I I OTH-AND EMPLOYERS' LIABILITY ER D Y/N X NOWC806146 10/01/2017 10/01/2018 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE [!] E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIP110N OF OPERA 110NS / LOCATIONS/ VEHICLES (ACORD 101, Addltlonal Remarb Schedule, may be all:achad If mora apaca 18 raqulllld) RE: NC Project#: 1980-TV -Agreement Name: 2017 Storm Drain Condition Assessment Project-Agreement Number: TRAN1656 The City of Carlsbad and all others where required by written contract or agreement are named as additional insured on a primary and non-contributory basis and are afforded blanket waivers of subrogation per the attached endorsements. Umbrella/Excess llabllity follows form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compllance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE c79d~ _,,__,.. ,1,,- I ,;:- © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD = - = CNA CNA PARAMOUNT Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement This endorsemen1 modi1ies insurance provided under 1he 'following: COMMERCIAL GENERAL LIABILITY COVERAGE PART I1 ls understood and agreed as 1ollows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured Is required by written conlracl to add as an addl1ional insured on this coverage part, Including any such person or organization, i1 any, specifically se11orth on 1he Schedule atlachment to this endorsement However, such person or organization is an Insured only with respect to such person or organiza1ion's liability 'for: A. unless paragraph B. below applies, 1. bodlly ln)ury, property damage, or personal and advertising ln)ury caused in whole or in part by the acts or omissions by or on behalf o11he Named Insured and in 1he performance of such Named lnsured's ongoing operations as sp8Ci1ied in such written contract; or 2. bodlly Injury or property damage caused in whole or in part by your work and included in 1he producta- complalad operations hazard, and only if a. the written contract requires 1he Named Insured to provide the addi1ional insured such coverage; and b. 1his coverage part provides such coverage. B. bodily Injury, property damage, or personal and advwtlslng Injury arising out of your work described in such wrlt1en contract, bu1 only 11: 1. this coverage part provides coverage 'for bodily Injury or property damage included wi1hin the products completed operations hazard; and 2. the written conb act specifically requires 1he Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG201 o or the 10-01 edi1ion o1 CG2037. II. Subject always to the terms and condi1ions of 1his policy, including the limi1s of insurance, 1he Insurer will no1 provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher liml1 of Insurance than required by 1he written contract. Ill. The insurance granted by 1his endorsement to the addi1ional insured does no1 apply to bodily ln]ury, property damage, or personal and adver11slng Injury arising out of: A. the rendering of, or 1he failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is speci1ically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDmONS, the Condition entitled Other Insurance, this insurance is exC8SS o1 all other insurance available to the additional insured whe1her on a primary, excess, contingent or any other basis. However, i11his insurance Is required by written -= CNA75079XX (1-15) Policy No: 6050576758 Page 1 of2 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 10/01/2017 Insured Name: NOR-CAL PIPELINE SERVICES Copyright c::NA. All Fights Ra!erved. Includes cop"hteQ rra.tarlal cl Insurance Sen.t:as omce, Irie., wltn lt.s permlsakm. ~NA CNA PARAMOUNT Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to insurance on which 1he additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, 1he section entitled COMMERCIAL GENERAL LIABILITY CONDfflONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Sutt is amended with the addition o1 tie 1ollowing: Any additional insured pursuant 1o 1his endorsement will as soon as practicable: 1. give 1he Insurer written notice o1 any clalm, or any occurrence or oflense which may result in a claim; 2. except as provided in Paragraph IV. o1 this endorsement, agree to make available any other insurance the additional insured has 1or any loss covered under tiis coverage parl; 3. send the Insurer copies of all legal papers received, and o1herwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender tie de1ense and indemnity of any claim 1o any other Insurer or self insurer whose policy or program applies to a loss that flle Insurer covers under this coverage part. However, if flle wrltlln COlllnlct requires this insurance 1o be primary and non-contributory, this paragraph (4) does not apply to Insurance on which the additional insured is a named insured. The Insurer has no duty 1o defend or indemnify an additional insured under 1his endorsement until the Insurer receives written notice ot a clalm from the addi1ional insured. VI. Solely wi1h respect 1o the insurance granted by this endorsement, the section enti118d DEFINfflONS Is amended to add the following definition: Wrltlen conlrac1 means a wriffen contract or written agreement that requires the Named Insured to make a person or organization an additional Insured on this coverage part, provided the contract or agreement: A. is currently in effec1 or becomes eflective during the term of this policy; and B. was executed prior to: 1. the bodily Injury or property damage; or 2. the offense that caused the personal and advertising Injury for which the additional insured seeks coverage. Arly coverage granted by this endorsement shall apply solely to the extent permissible by law. All o1her 1erms and conditions of 1he Policy remain unchanged. This endorsement, which forms a part of and Is for attachment 1o the Policy Issued by the designa1ed Insurers, takes eflect on the effective da1e o1 said Policy at the hour sta1ed in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079:XX (1-15) Page2 of 2 VALLEY FORGE INSURANCE COMPANY Insured Name: NOR-CAL PIPELINE SERVICES Policy No: 6050576758 Endorsemen1 No: 5 Effective Da1e: 1010112011 Ccpy!1gflt CNA All Ftgntr. ReseM!Cl. lncluCles copyrlgtlteel ma.terlal cf Insurance 5eNlces Ofllce, Inc., wltn Ila permlsslcn. -= CNA CNA PARAMOUNT General Aggregate Limit -Per Project Endorsement This endorsemen1 modifies insurance provided under the 1ollowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART 11 is understood and agreed as 1ollows: I. For each single construction or service project away from premises the Named Insured owns or rents, a separate Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay 1or the sum of: A. all damages under Coverage A, except damages because of bodily injury or property damage induded in the product9,cornpleted operations huard; and B. all medical expenses under Cowrage C; that arise from occurrancN or accidents which can be attributed solely to ongoing operations a1 that project. Such paymen1s shall not reduce the General Aggregate Limit shown in the Declarations, nor the Project General Aggregate Limit applicable to any other project. II. All: A. damages under Coverage B, regardless of the number of locations or projects involved; B. damages under Coverage A, caused by occurrencea which cannot be attributed solely to ongoing operations at a single project, except damages because of bodlly injury or property damage Included In the ~ complet9d operatlof'l8 hazard; and C. medical expenses under Coverage C, caused by acciden1s which cannot be attributed solely to ongoing operations at a single project, will reduce the General Aggregate Limit shown in the Declarations. Ill. The limi1s shown in the Declarations 1or Each Occurrence, for Damage To Premises Rented To You and 1or Medical Expense continue to apply, but will be subject to either the Project General Aggregate Limit or the General Aggregate Limit shown in the Declara1ions, depending on whether the occurrence can be attributed solely to ongoing operations at a par1icular project. IV. When coverage for liability arising out of the produc1s-completed operations hazard is provided, any payments for damages because of bodily Injury or property dmnage included in the producls-completed operations tmard will reduce the Products-Completed Operations Aggregate Limi1 shown In the Declarations, regardless of the number of projects involved. V. 11 a single construction or service project away from premises owned by or rented 1o the Named Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, such project will still be deemed to be the same project. VI. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part o1 and is for attachment to the Policy issued by the designated Insurers, takes eHect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. --= CNA75061XX (1-15) Policy No: 6050576758 Page 1 of 1 Endorsement No: 4 VALLEY FORGE INSURANCE COMPANY Effective Date: 1010112011 Insured Name: NOR-CAL PIPELINE SERVICES Copyright CNA. All Fight& Flesarveel. lncluClas copyrights<! material ot Insurance 5er.1cas omca, lric:., wttl1 Its permlaslon. - -= CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsemen1 modifies insurance provided under the 1ollowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WHOM THE NAMED INSURED HAS AGREED IN WRITING IN A CONTRACT OR AGREEMENT TO WAIVE SUCH RIGHTS OF RECOVERY, BUT ONLY IF SUCH CONTRACT OR AGREEMENT: 1. IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART; AND 2. WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY GIVING RISE TO THE CLAIM. Information required 1o complete 1his Schedule, if no1 shown above, will be shown in 1he Declarations. 11 is understood and agreed that the condi1ion entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respecl 10 the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have agalns1 such person or organization because of paymen1s the Insurer makes tor Injury or damage arising ou1 of the Named Insured'& ongoing operations or your work done under a contract with that person or organization and lnduded In 1he products-completed operations hazard. All o1her 1erms and conditions of the Policy remain unchanged. This endorsement, which 1orms a part o1 and is for attachment 1o the Policy issued by the designa1ed Insurers, 1akes effect on 1he effective date of said Policy at 1he hour s1a1ed in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. -"""'"'-CNA75008.XX (1-15) Policy No: 6050576758 Page 1 of 1 Endorsement No: 8 VALLEY FORGE INSURANCE COMPANY Effective Date: 1010112011 Insured Name: NOR-CAL PIPELINE SERVICES Copyright c:NA. All Rgnt& Reserve<l. Includes cop~llte<l ma.tarlal oT Insurance 5en.t:ea Ol!lce, Inc:., wttll Its permlaskln. C'NA CNA71527XX (Ed. 10/12) ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II -LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. CNA71527XX (10/12) Page 1 of 1 Insured Name: NORCAL PIPELINE SERVICES Copyright CNA All Rights Reserved. Policy No: 6050576744 Endorsement No: Effective Date: 10/01/2017 POLICY NUMBER: 6050576744 COMMERCIAL AUTO CA 04 4410 13 THIS ENDORSEMENT CHANGES THE POLICY. 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. Namedlnsured: NORCAL PIPELINE SERVICES Endorsement Effective Date: 1 o / o 1 / 2 o 1 7 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete 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 extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04441013 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04108 (Ed. 9-14) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS 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 requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2% of the total manual premium otherwise due on such remuneration. The minimum premium for this endorsement is $350. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. BLANKET WAIVER Person/Organization Job Description All CA Operations SCHEDULE Blanket Waiver -Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Waiver Premium This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2017 Insured Nor-Cal Pipeline Services Policy No. NOWC806146 Endorsement No. Premium$ Insurance Company Berkshire Hathaway Homestate Ins Co WC 99 0410B (Ed. 9-14) Countersigned by _______________ _ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 07C (Ed 9-14) CALIFORNIA CANCELLATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. The cancellation condition in Part Six (Conditions) of the policy is replaced by these conditions: Cancellation: 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2. We may cancel this Policy for one or more of the following reasons: a. Non-payment of premium; b. Failure to report payroll; c. Non-payment of deductible billing; d. Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy issued by us; e. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us; f. Material misrepresentation made by you or your agent; g. Failure to cooperate with us in the investigation of a claim; h. Failure to comply with Federal or State safety orders; i. Failure to comply with written recommendations of our designated loss control representatives; j. The occurrence of a material change in the ownership of your business; k. The occurrence of any change in your business or operations that materially increases the hazard for frequency or severity of loss; I. The occurrence of any change in your business or operation that requires additional or different classification for premium calculation; m. The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties. 3. If we cancel your policy for any of the reasons listed in (a) through (g), we will give you 10 days advance written notice, stating when the cancellation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to provide notice. If we cancel your policy for any of the reasons listed in Items (h) through (m), we will give you 30 days advance written notice; however, we agree that in the event of cancellation and reissuance of a policy effective upon a material change in ownership or operations, notice will not be provided. 4. The policy period will end on the day and hour stated in the cancellation notice. 5. If you cancel this policy or if we cancel due to non-payment of premium, failure to report payroll, or non-payment of deductible billing. First, the premium computed in accordance with Section 1, Rule 2, will be multiplied by the quotient of the number of days for which the policy was written divided by the number of days the policy remained in force to produce the full policy premium. Second, the extended number of days will be determined by dividing the number of days the policy was in force by the number of days for which the policy was written and multiplying the quotient by 365 days. (When the Policy was written for a one -year period, the extended number of days will equal the number of days the policy remained in force). Third, the short rate percentage corresponding to the extended number of days will be obtained from the short rate cancellation table. Fourth, the short rate premium will be equal to the product of the full policy premium times the short rate percentage. The Short Rate Table below will be used in computing the Short Rate Premium. In no event will the final earned premium be less than the policy minimum premium. WC 99 06 07C (Ed 9-14) Page 1 of 2 al 0 1ii .... "' .... ~ "' i 8 0 ~ 0 C'J --!!!!!!!!! - - -iiiiiiiii CNA CNA PARAMOUNT Cancellation I Non-Renewal -California Wherever used in this endorsement: 1) Insurer means "we", "us·, "our" or the "Company' as those terms may be defined in the policy; and 2) Named Insured means the first person or entity named on the declarations page; and 3) "Insureds" means all persons or entities afforded coverage under the policy. Any cancellation, non-renewal or termination provisions in the policy are deleted in their entirety and replaced with the following: CANCELLATION AND NON-RENEWAL A. CANCELLATION 1. The Named Insured may cancel the policy at any time. To do so, the Named Insured must return the policy to the Insurer or any of its authorized representatives, indicating the effective date of cancellation; or provide a written notice to the Insurer, stating when the cancellation is to be effective. 2. If the policy has been in effect for less than sixty (60) days and is not a renewal the Insurer may cancel the policy for any reason by mailing or delivering written notice to the Named Insured, at the last mailing address known to the Insurer, and the producer of record. The notice of cancellation will be provided at least sixty (60) days prior to the effective date of cancellation except that in the case of cancellation for nonpayment of premiums the notice will be given no less than ten (10) days prior to the effective date of the cancellation. 3. If the policy has been in effect for more than sixty (60) days or if it is a renewal, effective immediately, the Insurer may not cancel the policy unless such cancellation is based on one or more of the following reasons: a. b. C. d. e. f. g. h. CNA62814CA (9-12) Page 1 of 4 Nonpayment of premium, including payment due on a prior policy issued by the Insurer and due during the current policy term covering the same risks. A judgment by a court or an administrative tribunal that the Named Insured has violated any law of this state or of the United States having as one of its necessary elements an act which materially increases any of the risks insured against. Discovery of fraud or material misrepresentation by either of the following: (1) The Named Insured or lnsured(s) or a representative of same in obtaining the insurance; or (2) The Named Insured or his or her representative in pursuing a claim under the policy. Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by the Named Insured or lnsured(s) or a representative of same, which materially increase any of the risks insured against. Failure by the Named Insured or lnsured(s) or a representative of same to implement reasonable loss control requirements which were agreed to by the Named Insured as a condition of policy issuance or which were conditions precedent to the use by the Insurer of a particular rate or rating plan, if the failure materially increases any of the risks insured against. A determination by the commissioner that the loss of, or changes in, the Insurer's reinsurance covering all or part of the risk would threaten the financial integrity or solvency of the Insurer. A determination by the commissioner that a continuation of the policy coverage would place the Insurer in violation of the laws of this state or the state of its domicile or that the continuation of coverage would threaten the solvency of the Insurer. A change by the Named Insured or lnsured(s) or a representative of same in the activities or property of the commercial or industrial enterprise which results in a material added risk, a materially increased risk or a materially changed risk, unless the added, increased, or changed risk is included in the policy. Policy No: 6050576758 Endorsement No: 2 2 VALLEY FORGE INSURANCE COMPANY Effective Date: 10/01/2017 Insured Name: NOR-CAL PIPELINE SERVICES Copyright CNA All Rights Reserved. CNA CNA PARAMOUNT Cancellation / Non-Renewal -California A notice of cancellation will be in writing and will be delivered or mailed to the Named Insured, at the last mailing address known to the Insurer, and the producer of record at least sixty (60) days prior to the effective date of cancellation. Where cancellation is for nonpayment of premium, notice shall be given no less than ten (10) days prior to the effective date of cancellation. 4. The notice will state the actual reason for the cancellation. 5. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. PREMIUM REFUND If this policy is cancelled, the Insurer will send the Named Insured any premium refund due. If the Insurer cancels the refund will be pro rata. If the Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if the Insurer has not made or offered a refund. C. NON-RENEWAL 1. The Insurer can non-renew the policy by giving written notice to the Named Insured, at the last mailing address known to the Insurer, and the producer of record at least sixty (60) days but not more than one hundred twenty (120) days before the expiration date. 2. The notice of non-renewal will state the actual reason for non-renewal. 3. If notice is mailed, proof of mailing will be sufficient proof of notice. 4. A notice of non-renewal will not be required in any of the following situations: a. The transfer of, or renewal of, a policy without change in its terms or conditions or the rate on which the premium is based between insurers that are members of the same insurance group. b. The policy has been extended for ninety (90) days or less, if the notice required has been given prior to the extension. c. The Named Insured has obtained replacement coverage or has agreed, in writing, within sixty (60) days of the termination of the policy, to obtain that coverage. d. The policy is for a period of no more than sixty (60) days and the Named Insured is notified at the time of issuance that it may not be renewed. e. The Named Insured requests a change in the terms or conditions or risks covered by the policy within sixty (60) days prior to the end of the policy period. f. The Insurer has made a written offer to the Named Insured, within the prescribed time period, to renew the policy under changed terms or conditions or at a changed premium rate, where the increase is more than 25%. As used herein, "terms or conditions" includes, but is not limited to, a reduction in limits, elimination of coverages, or an increase in deductibles. 5. In the case of conditional renewal, failure of the Named Insured to satisfy conditions provided by the Insurer for renewal, by the expiration date of the policy or sixty (60) days after mailing or delivery of such notice, whichever is later, the conditional renewal shall be treated as an effective non-renewal. CNA62814CA (9-12) Page 2 of 4 VALLEY FORGE INSURANCE COMPANY Insured Name: NOR-CAL PIPELINE SERVICES Copyright CNA All Rights Reserved. Policy No: 6050576758 Endorsement No: 22 Effective Date: 10/01/2017 8 I !!!!!!!!!!!! --!!!!!!!!!!!! - iiiiiiiiiiiiiii CNA CNA PARAMOUNT Cancellation I Non-Renewal -California D. CONDITIONAL RENEWAL 1. If the policy has been in effect for more than sixty (60) days or if the policy is a renewal, effective immediately no increase in premium, reduction in limits, or change in the conditions of coverage shall be effective during the policy period unless based upon one of the following reasons: a. Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards by the Named Insured or lnsured(s) which materially increase any of the risks or hazards insured against. b. Failure by the Named Insured or lnsured(s) to implement reasonable loss control requirements which were agreed to by the Insured as a condition of policy issuance or which were conditions precedent to the use by the Insurer of a particular rate or rating plan, if the failure materially increases any of the risks insured against. c. A determination by the commissioner that loss of or changes in an insurer's reinsurance covering all or part of the risk covered by the policy would threaten the financial integrity or solvency of the Insurer unless the change in the terms or conditions or rate upon which the premium is based is permitted. d. A change by the Named Insured or lnsured(s) in the activities or property of the commercial or industrial enterprise which results in a materially added risk, a materially increased risk, or a materially changed risk, unless the added, increased, or changed risk is included in the policy. 2. A written notice will be mailed or delivered to the Named Insured, at the last mailing address known to the Insurer, and the producer of record at least sixty (60) days prior to the effective date of any increase, reduction or change. 3. The notice will state the effective date of, and the reasons for, the increase, reduction or change 4. If notice is mailed, proof of mailing will be sufficient proof of notice. E. ADDITIONAL PROVISIONS 1. If the Insurer is an associate participating insurer as established by Cal. Ins. Code Section 10089.16, solely with respect to coverage for real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit: a. The Insurer shall not cancel or refuse to renew such coverage existing on the date the Insurer elected to become an associate participating insurer after an offer of earthquake coverage is accepted solely because the insured has accepted that offer of earthquake coverage; and b. The Insurer shall not cancel such coverage unless the policy is properly canceled pursuant to Paragraph A above; and c. The Insurer may refuse to renew a policy of residential property insurance after an offer of earthquake coverage has been accepted only if: i. The policy is terminated by the Named Insured; ii. The policy is refused renewal on the basis of sound underwriting principles that relate to the coverages provided by the policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; iii The Commissioner of Insurance finds that the exposure to potential losses will threaten the solvency of the Insurer or place the Insurer in a hazardous condition. A hazardous condition includes, but is not limited to, a condition in which the Insurer makes claims payments for losses resulting from an ;;;;;;;a;;;;a; CNA62814CA (9-12) Page 3 of 4 Policy No: 6050576758 Endorsement No: 2 2 VALLEY FORGE INSURANCE COMPANY Effective Date: 10/01/2017 Insured Name: NOR-CAL PIPELINE SERVICES Copyright CNA All Rights Reserved. CNA CNA PARAMOUNT Cancellation I Non-Renewal -California earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least twenty-five percent (25%) for payment of those claims; or iv. The Insurer has lost or experienced a substantial reduction in the availability or scope of reinsurance coverage or a substantial increase in the premium charged for reinsurance coverage for its residential property insurance policies, and the Commissioner of Insurance has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in the Insurer's reinsurance position. 2. If this policy contains an exclusion barring coverage for the peril of corrosive soil conditions, the Insurer shall not cancel or refuse to renew the policy solely because corrosive soil conditions exist on the location. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA62814CA (9-12) Page 4 of 4 VALLEY FORGE INSURANCE COMPANY Insured Name: NOR-CAL PIPELINE SERVICES Copyright CNA All Rights Reserved. Policy No: 6050576758 Endorsement No: 2 2 Effective Date: 10/01/2017 = IL 00 1711 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named lnsured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL00171198 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1