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Prime Electrical Services Inc; 2020-07-06; PWM20-1148FAC
DocuSign Envelope ID: 06120E17-4F87-453E-9B87-068D96239EA0 RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: DOC# 2020-0585698 1110111111100110RIMMIIIIII Sep 30, 2020 11:09 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 2 City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Space above this line for Recorder's use. PARCEL NO: 209-050-19-00 NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full names of the undersigned are City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on Aug. 21, 2020. 6. The name of the contractor for such work or improvement is Prime Electrical Services, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. PWM20-1148FAC, Project Nam: CMWD Modular Trailer Temporary Power. 8. The street address of said property is 5950 El Camino Real, Carlsbad, CA 92008, in the City of Carlsbad. CITY OF CARLSBA1L Geoff Patnoe, Assistant City Manager VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on c-)2-i--)- , 20 .) 4.--) accepted the above described work as completed and ordered that a No ice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on Ar e-A4r-r, 20a2 at Carlsbad, California. CITY OF CARLSBAD BARBARA ENGLESON City Clerk Q:\Public Works\General Services\Agreements & Contracts\Prime Electrical Services1CMWD Modular Trailer Temporary Power - PWM20-1148FAC\4. NOC\2.NOC - CMWD Modular Trailer Temporary Power - PWM20-1148FAadocx DocuSign Envelope ID: 06120E17-4F87-453E-9687-068D96239EA0 CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Prime Electrical Services, Inc. has completed the contract work required for PWM20-1148FAC - CMWD Modular Trailer Temporary Power. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS VALUE Temporary power installation for modular trailers. $8,947 CERTIFICATION OF COMPLETION OF IMPROVEMENTS 9/8/2020 John Maasho , Public Works Manager Date CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above described improvements. Q ( 24) Date Geoff Patnoe, Assistant City Manager APPROVED AS TO FORM: CELIA BREWER, City Attorney By: Assistant City Attorney QAPublic Works\General Services \Agreements & Contracts\Prime Electrical Services\CMWD Modular Trailer Temporary Power - PWM20-1148FAC\4. NOC\3.API - CMWD Modular Trailer Temporary Power - PWM20-1148FAC.docx PWM20-1148FAC CMWD Modular Trailer Temporary Power Page 1 of 7 City Attorney Approved 1/25/2019 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT CMWD MODULAR TRAILER TEMPORARY POWER This agreement is made on the ______________ day of _________________________, 2020, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Prime Electrical Services, Inc., a California corporation whose principal place of business is 480 Enterprise Street, San Marcos, CA 92078 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Brian Bacardi (City Project Manager). WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. DocuSign Envelope ID: 5ED50083-B35E-4C8A-8793-0BD390B9064B 6th July PWM20-1148FAC CMWD Modular Trailer Temporary Power Page 2 of 7 City Attorney Approved 1/25/2019 FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ___________________________________ Print Name: _______Richard King__________________ REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers’ Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than……..$1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ….…$1,000,000 Property damage insurance in an amount of not less than……..$1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The automobile insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as required by the California Labor Code. Workers’ Compensation will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. DocuSign Envelope ID: 5ED50083-B35E-4C8A-8793-0BD390B9064B PWM20-1148FAC CMWD Modular Trailer Temporary Power Page 3 of 7 City Attorney Approved 1/25/2019 INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys’ fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within fifteen (15) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within forty-five (45) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. Prime Electrical Services, Inc. 480 Enterprise Street (name of Contractor) 818947 (street address) San Marcos, CA 92078 (Contractor’s license number) C10 4/30/2021 (city/state/zip) 760-471-6634 (license class. and exp. date) 1000001790 (telephone no.) 760-471-6635 (DIR registration number) 6/30/2021 (fax no.) crozenko@primeelectrical.net (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// /// DocuSign Envelope ID: 5ED50083-B35E-4C8A-8793-0BD390B9064B PWM20-1148FAC CMWD Modular Trailer Temporary Power Page 4 of 7 City Attorney Approved 1/25/2019 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 PRIME ELECTRICAL SERVICES, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Richard King/President & CEO Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name/title) By: (sign here) Chris Rozenko/Secretary (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: _____________________________ Assistant City Attorney DocuSign Envelope ID: 5ED50083-B35E-4C8A-8793-0BD390B9064B PWM20-1148FAC CMWD Modular Trailer Temporary Power Page 5 of 7 City Attorney Approved 1/25/2019 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract Total % Subcontracted: _______________ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. DocuSign Envelope ID: 5ED50083-B35E-4C8A-8793-0BD390B9064B N/A N/A N/A N/A N/A N/A N/A N/A 0% N/ANot Applicable PWM20-1148FAC CMWD Modular Trailer Temporary Power Page 6 of 7 City Attorney Approved 1/25/2019 EXHIBIT B CMWD Modular Trailer Temporary Power Contractor to furnish all equipment, material and labor necessary to install temporary power connections to two (2) modular trailers located at the Carlsbad Municipal Water District, 5950 El Camino Real, Carlsbad CA, 92010. Scope of work to be consistant with the contractor’s proposal dated April 24, 2020 and attached to this document as Exhibit C. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Temporary power installation for modular trailers. $8,947 TOTAL* $8,947 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 5ED50083-B35E-4C8A-8793-0BD390B9064B PWM20-1148FAC CMWD Modular Trailer Temporary Power Page 7 of 7 9 EXHIBIT C DocuSign Envelope ID: 5ED50083-B35E-4C8A-8793-0BD390B9064B ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD 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) 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 EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY 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 LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) 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 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.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 4/27/2020 License # 0C32169 (619) 937-0164 (619) 937-0168 20478 Prime Electrical Services, Inc 480 Enterprise St. San Marcos, CA 92078 20494 35289 10855 A 1,000,000 X X 5095128514 5/1/2020 5/1/2021 100,000 15,000 1,000,000 2,000,000 2,000,000 1,000,000B X X 6012621168 5/1/2020 5/1/2021 9,000,000C 6012621154 5/1/2020 5/1/2021 9,000,000 D X PRWC023655 12/1/2019 12/1/2020 1,000,000 1,000,000 1,000,000 RE: OPERATIONS OF THE NAMED INSURED AS CERTIFICATE HOLDERS INTEREST MAY APPEAR SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS. THE CITY OF CARLSBAD/CMWD, ITS OFFICERS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED PER FORM CNA75079XX (10-16) ATTACHED. PRIMARY AND NON-CONTRIBUTORY WORDING APPLIES. AUTO ADDITIONAL INSURED APPLIES PER ENDORSEMENT ATTACHED. WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF CARLSBAD/CMWD, ITS OFFICERS, EMPLOYEES AND VOLUNTEERS APPLIES TO GENERAL LIABILITY, AUTO LIABILITY AND WORKERS COMPENSATION. (agcpp) CITY OF CARLSBAD/CMWD c/o EXIGIS INSURANCE COMPIANCE SERVICES P.O. BOX 4668 - ECM #35050 NEW YORK, NY 10163-4668 PRIMELE-02 RBRISTOL Rancho Mesa Insurance Services, Inc. 250 Riverview Parkway Santee, CA 92071 National Fire Ins Co of Htfd Transportation Insurance Co Continental Insurance Company Cypress Insurance Company 1 X X X X X X X X X CNA PARAMOUNT Blanket Additional Insured -Owners,Lessees orContractors-with Products-CompletedOperationsCoverageEndorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I.WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part,but only with respect to liability for bodily injury,property damage or personal and advertising injury caused in whole or in part by your acts or omissions,or the acts or omissions of those acting on your behalf: A.in the performance of your ongoing operations subject to such written contract;or B.in the performance of your work subject to such written contract,but only with respect to bodily injury or property damage included in the products-completed operations hazard,and only if: 1.the written contract requires you to provide the additional insured such coverage;and 2.this coverage part provides such coverage. II.But if the written contract requires: A.additional insured coverage under the 11-85 edition,10-93 edition,or 10-01 edition of CG2010,or under the 10- 01 edition of CG2037;or B.additional insured coverage with "arising out of"language;or C.additional insured coverage to the greatest extent permissible by law; then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part,but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of your work that is subject to such written contract. III.Subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer will not provide such additional insured with: A.coverage broader than required by the written contract;or B.a higher limit of insurance than required by the written contract. IV.The insurance granted by this endorsement to the additional insured does not apply to bodily injury,property damage,or personal and advertising injury arising out of: A.the rendering of,or the failure to render,any professional architectural,engineering,or surveying services, including: 1.the preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications;and 2.supervisory,inspection,architectural or engineering activities;or B.any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V.Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: PolicyNo:EndorsementNo: EffectiveDate: 0/01/2020 CNA75079XX(10-16) Page1 of 2 /"5*0/"-'*3&*/463"/$&0')"35'03% InsuredName:13*.&&-&$53*$"-4&37*$&4 */$ Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.00020009960244308994219 CNA PARAMOUNT Blanket Additional Insured -Owners,Lessees orContractors-with Products-CompletedOperationsCoverageEndorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured,this insurance is primary to and will not seek contribution from such other insurance,provided that a written contract requires the insurance provided by this policy to be: 1.primary and non-contributing with other insurance available to the additional insured;or 2.primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above,this insurance will be excess of all other insurance available to the additional insured. VI.Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1.give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2.send the Insurer copies of all legal papers received,and otherwise cooperate with the Insurer in the investigation, defense,or settlement of the claim;and 3.make available any other insurance,and tender the defense and indemnity of any claim to any other insurer or self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part.However, if the written contract requires this insurance to be primary and non-contributory,this paragraph 3.does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII.Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part,provided the contract or agreement: A.is currently in effect or becomes effective 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. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. 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. PolicyNo: EndorsementNo: EffectiveDate: 0/01/2020 CNA75079XX(10-16) Page2 of 2 /"5*0/"-'*3&*/463"/$&0')"35'03% InsuredName:13*.&&-&$53*$"-4&37*$&4 */$ Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Contractors'General Liability Extension Endorsement B.Solely for the purpose of the coverage provided by this PROPERTY DAMAGE –ELEVATORS Provision,the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance,whether primary,excess,contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23.SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS –COVERAGES A AND B is amended as follows: A.Paragraph 1.b.is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit;and B.Paragraph 1.d.is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000.limit. 24.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 25.WAIVER OF SUBROGATION -BLANKET Under CONDITIONS,the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1.the Named Insured's ongoing operations;or 2.your work included in the products-completed operations hazard. However,this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement,and 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. 26.WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED (WRAP-UP)INSURANCE PROGRAMS Note:The following provision does not apply to any public construction project in the state of Oklahoma,nor to any construction project in the state of Alaska,that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION –CONSTRUCTION WRAP-UP is attached to this policy,or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.)or Contractor Controlled Insurance Programs (C.C.I.P.)is attached,then the following changes apply: A.The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up)insurance program project in which the Named Insured is or was involved,this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1.Bodily injury,property damage,or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project,or during such operations of anyone acting on the Named Insured's behalf;nor PolicyNo: EndorsementNo:1 EffectiveDate: 20 CNA74705XX(1-15) Page16of17 /"5*0/"-'*3&*/463"/$&0')"35'03% InsuredName:13*.&&-&$53*$"-4&37*$&4 */$ Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. WAIVER OF SUBROGATION -BLANKET CNA PARAMOUNT Contractors'General Liability Extension Endorsement claims arising solely out of their capacity or status as such and,in the case of a spouse,where such claim seeks damages from marital community property,jointly held property or property transferred from such natural person Insured to such spouse.No coverage is provided for any act,error or omission of an estate,heir,legal representative,or spouse outside the scope of such person's capacity or status as such,provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses'acts,errors or omissions in the conduct of the Named Insured's business. 10.EXPECTED OR INTENDED INJURY –EXCEPTION FOR REASONABLE FORCE Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured.This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11.GENERAL AGGREGATE LIMITS OF INSURANCE -PER PROJECT A.For each construction project away from premises the Named Insured owns or rents,a separate Construction Project General Aggregate Limit,equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1.All damages under Coverage A,except damages because of bodily injury or property damage included in the products-completed operations hazard;and 2.All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project.Such payments shall not reduce the General Aggregate Limit shown in the Declarations,nor the Construction Project General Aggregate Limit of any other construction project. B.All: 1.Damages under Coverage B,regardless of the number of locations or construction projects involved; 2.Damages under Coverage A,caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project,except damages because of bodily injury or property damage included in the products-completed operations hazard;and 3.Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C.The limits shown in the Declarations for Each Occurrence,for Damage To Premises Rented To You and for Medical Expense continue to apply,but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations,depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D.When coverage for liability arising out of the products-completed operations hazard is provided,any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations,regardless of the number of projects involved. PolicyNo: EndorsementNo:1 EffectiveDate: 20 CNA74705XX(1-15) Page8of17 /"5*0/"-'*3&*/463"/$&0')"35'03% InsuredName:13*.&&-&$53*$"-4&37*$&4 */$ Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. GENERAL AGGREGATE LIMITS OF INSURANCE -PER PROJECT CNA PARAMOUNT Contractors'General Liability Extension Endorsement E.If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted,or if the authorized contracting parties deviate from plans,blueprints,designs,specifications or timetables,the project will still be deemed to be the same construction project. F.The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12.IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured,or chartered by or for theNamedInsured, will be treated in the same manner as though the action were in personam against the Named Insured. 13.INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following: b.This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose,and only if: (1)such bodily injury is caused by an occurrence that takes place in the coverage territory. (2)the bodily injury first occurs during the policy period.Allbodily injury arising from an occurrence will be deemed to have occurred at the time of the first act,error,or omission that is part of the occurrence; and B.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to: i.add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii.delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement,including but not limited to express warranties or guarantees. iii.add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination,humiliation or harassment,including but not limited to claims based on an individual's race,creed,color,age,gender,national origin, religion, disability,marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest,criminal or malicious act,error or omission. Medicare/Medicaid Fraud PolicyNo:EndorsementNo:1 EffectiveDate: 20 CNA74705XX(1-15) Page9of17 /"5*0/"-'*3&*/463"/$&0')"35'03% InsuredName:13*.&&-&$53*$"-4&37*$&4 */$ Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.00020009960244308994212 CNA PARAMOUNT Common Terms and Conditions Named InsuredTheInsurerand the ,inconsideration of the payment of the premium and in reliance upon all statementsPolicyDeclarationsmadeintheapplicationfurnishedto the Insurer designated in the ,a stock insurance corporation, hereafter called the "Insurer,"agree as follows.Terms in bold face type have special meaning as set forth in anyFirstPartyGlossaryofDefinedTermscoveragepartapplicableortheapplicablesofthisPolicy.All headings are alsoSectionXVI,HEADINGSinbold,whether or not they contain defined terms.See below. I.ASSIGNMENT OF INTEREST Assignment of interest under this Policy shall not bind the Insurer unless its consent is endorsed to this Policy except Named Insuredinthecaseof death of a natural person . II.BANKRUPTCY Named Insured Named InsuredBankruptcyorinsolvencyofanyorof the 's estate shall not relieve the Insurer of any of its obligations hereunder. III.CANCELLATION/NONRENEWAL A Insurer's Right to Cancel. First Named InsuredTheInsurermaycancelthis policy by providing to the written notice of such cancellation stating when,not less than 10 days thereafter,such cancellation shall be effective if such cancellation is due to non-payment of premium.If cancellation is due to any other reason,such notice shall be provided not less than 60 days thereafter. B Named Insured Right to Cancel.'s First Named InsuredThe may cancel this Policy by providing the Insurer written notice stating when thereafter such cancellation shall be effective.The mailing or delivery of such notice shall be sufficient. C.Premium Refund First Named InsuredIf this policy is cancelled,the Insurer will send the any premium refund due.If the Insurer First Named Insuredcancels,the refund will be pro rata.If the 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. D.Nonrenewal If the Insurer decides not to offer any renewal terms for this Policy,the Insurer shall provide written notice to the Named Insured at least 60 days prior to the Policy expiration date.The notice shall include the reason for such non-renewal. E.Notices If any notice required under this Section is mailed,proof of mailing will be sufficient proof of notice. IV.CHANGES Notice to or knowledge possessed by any agent or other person acting on behalf of the Insurer shall not effect a waiver or a change in any part of this Policy or stop the Insurer from asserting any right under the provisions of this Policy,nor shall the provisions be waived or changed except by written endorsement issued to form a part of this Policy. V.CONFORMITY TO STATUTE coverage partTermsoftheseconditionsorany that are in conflict with the statutes of the state in which this policy is issued are hereby amended to conform to such statutes. CNA62642XX 09-12 Page 1of3CopyrightCNAAll Rights Reserved.2002000076016325707659510-*$:/6.#&35095128514 III.CANCELLATION/NONRENEWAL CNA63359XX (Ed.04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT -BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM name,with your permission,while performingI.LIABILITY COVERAGE duties related to the conduct of your business.A.Who Is An Insured "Policy,"as used in this provision A.Who Is AnThefollowing is added to Section II,Paragraph Insured,includes those policies that were in forceA.1.,Who Is An Insured:on the inception date of this Coverage Form but: 1. a.Any incorporated entity of which the 1.Which are no longer in force;orNamedInsuredownsamajorityof the 2.Whose limits have been exhausted.voting stock on the date of inception of this Coverage Form;provided that,B.Bail Bonds and Loss of Earnings b.The insurance afforded by this provision Section II,Paragraphs A.2.(2)and A.2.(4)areA.1.does not apply to any such entity revised as follows:that is an "insured"under any other 1.In a.(2),the limit for the cost of bail bonds isliability "policy"providing "auto"coverage.changed from $2,000 to $5,000; and2.Any organization you newly acquire or form,2.In a.(4),the limit for the loss of earnings isotherthan a limited liability company,changed from $250 to $500 a day.partnership or joint venture,and over whichyoumaintainmajorityownershipinterest.C.Fellow Employee The insurance afforded by this provision A.2.:Section II,Paragraph B.5 does not apply. a.Is effective on the acquisition or formation Such coverage as is afforded by this provision C.date, and is afforded only until the end of is excess over any other collectible insurance.the policy period of this Coverage Form, II.PHYSICAL DAMAGE COVERAGEorthenextanniversaryofitsinception date,whichever is earlier.A.Glass Breakage –Hitting A Bird Or Animal – b.Falling Objects Or MissilesDoesnotapplyto: (1)Section III,Paragraph"Bodily injury"or "property damage"The following is added toA.3.caused by an "accident"that : occurred before you acquired or With respect to any covered "auto,"any deductibleformedtheorganization;or shown in the Declarations will not apply to glass (2)Any such organization that is an breakage if such glass is repaired,in a manner "insured"under any other liability acceptable to us,rather than replaced. "policy"providing "auto"coverage.B.Transportation Expenses 3.Any person or organization that you are Section III,Paragraph A.4.a.is revised,withrequiredbyawrittencontracttonameasanrespecttotransportationexpenseincurredbyyou,additional insured is an "insured"but only with to provide:respect to their legal liability for acts or omissions of a person,who qualifies as an a.$60 per day,in lieu of $20;subject to"insured"under Section II –Who Is An b.$1,800 maximum,in lieu of $600.Insured and for whom Liability Coverage is afforded under this policy. If required by C.Loss of Use Expenseswrittencontract,this insurance will be primary Section III,Paragraph A.4.b.is revised,withandnon-contributory to insurance on which respect to loss of use expenses incurred by you,the additional insured is a Named Insured.to provide:4.An "employee"of yours is an "insured"while a.$1,000 maximum,in lieu of $600.operating an "auto"hired or rented under a contract or agreement in that "employee's" CNA63359XX Page 1of3Copyright,CNA Corporation, 2000. (Ed.04/12)Includes copyrighted material of the Insurance Services Office used with its permission.4002000686012621168077810-*$:/6.#&36012621168 A.Who Is An Insured CNA63359XX (Ed.04/12) (2)Excess over any other collectible damage,against any person or organization for insurance.whom or which you are required by written contract or agreement to obtain this waiver from2.For purposes of this provision,"executive officer"us.means a person holding any of the officer positions created by your charter,constitution,by-This injury or damage must arise out of yourlawsoranyothersimilargoverningdocument,activities under a contract with that person or and,while a resident of the same household,organization. includes that person's spouse.You must agree to that requirement prior to an Such "executive officers"are "insureds"while "accident"or "loss." using a covered "auto"described in this provision.C.Concealment,Misrepresentation or Fraud IV.BUSINESS AUTO CONDITIONS The following is added to Section IV,Paragraph A.Duties In The Event Of Accident,Claim,Suit Or B.2.:Loss Your failure to disclose all hazards existing on the date The following is added to Section IV,Paragraph of inception of this Coverage Form shall not prejudice A.2.a.:you with respect to the coverage afforded provided such failure or omission is not intentional.(4)Your "employees"may know of an "accident"or "loss."This will not mean D.Other Insurance that you have such knowledge,unless The following is added to Section IV,Paragraphsuch"accident"or "loss" is known to you B.5.:or if you are not an individual,to any of your executive officers or partners or your Regardless of the provisions of Paragraphs 5.a.insurance manager.and 5.d.above,the coverage provided by this policy shall be on a primary non-contributoryThefollowing is added to Section IV,Paragraph basis.This provision is applicable only whenA.2.b.:required by a written contract.That written (6)Your "employees"may know of contract must have been entered into prior to documents received concerning a claim "Accident"or "Loss." or "suit."This will not mean that you have E.Policy Period,Coverage Territorysuchknowledge,unless receipt of such documents is known to you or if you are Section IV,Paragraph B.7.(5).(a).is revised tonot an individual,to any of your executive provide:officers or partners or your insurance a.45 days of coverage in lieu of 30 days.manager. V.DEFINITIONSB.Transfer Of Rights Of Recovery Against Others To Us Section V.Paragraph C.is deleted and replaced by the following:The following is added to Section IV,Paragraph A.5.Transfer Of Rights Of Recovery Against "Bodily injury"means bodily injury,sickness or diseaseOthersToUs:sustained by a person,including mental anguish, mental injury or death resulting from any of these.We waive any right of recovery we may have, because of payments we make for injury or CNA63359XX Page 3of3Copyright,CNA Corporation, 2000. (Ed.04/12)Includes copyrighted material of the Insurance Services Office used with its permission.4002000686012621168077910-*$:/6.#&36012621168 To Us Of Rights Of Recovery Against OthersB..Transfer D.Other Insurance 12/01/2019 Cypress Insurance Company PRWC023655 All CA Operations Prime Electrical Service Inc