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HomeMy WebLinkAboutPrime Electrical Services Inc; 2020-07-16; PSA21-1158FACDocuSign Envelope ID: 1DF50E49-5035-4408-97DA-5649FC29E01F RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: DOC# 2020-0654476 1111111111111111111iligill1118111111111111141111111111 Oct 26, 2020 10:00 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: 215-050-70-00 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 Sept. 18, 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. PSA21-1158FAC, Project Name: Dove Library - Pendant Inspection & Repair Services. 8. The street address of said property is 1775 Dove Lane, Carlsbad, CA 92011, in the City of Carlsbad. CITY OF CARLSB D 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 17, 3 (,)„.„4-0 , 20,-)0, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on /3 2CJ , 20 _at Carlsbad, California. CITY OF CARLSBAD LB BARA ENGLESON City Clerk Q:\Public Works\General ServiceskAgreements & Contracts\Prime Electrical Services \Dove Library - Pendant Inspection & Repair Services - PSA21- 1158FAC\4. NOC\2.NOC - Dove Library - Pendant Inspection & Repair Services - PSA21-1158FAC.docx DocuSign Envelope ID: 1DF50E49-5035-4408-97DA-5649FC29E01F CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Prime Electrical Services, Inc. has completed the contract work required for PSA21-1158FAC - Dove Library - Pendant Inspection & Repair Services. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS VALUE Inspect and repair twelve (12) existing pendant lamp $6,200 fixtures. CERTIFICATION OF COMPLETION OF IMPROVEMENTS John Maashokb ic Works Manager Date 10/5/2020 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. Geoff Patnoe, Assistant City Manager Date APPROVED AS TO FORM: CELIA BREWER, City Attorney By: Assistant City Attorney Q:\Fublic Works\General Services\Agreements & Contracts \ Prime Electrical Services\ Dove Library - Pendant Inspection & Repair Services - PSA21-1158FAC\4. NOC\3.API - Dove Library - Pendant Inspection & Repair Services - PSA21-1158FAC.docx PSA21-1158FAC City Attorney Approved Version 6/12/18 1 AGREEMENT FOR DOVE LIBRARY - PENDANT INSPECTION AND REPAIR SERVICES PRIME ELECTRICAL SERVICES, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2020, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and PRIME ELECTRICAL SERVICES, INC., a California corporation, ("Contractor”). RECITALS City requires the professional services of an electrical consultant that is experienced in electrical inspection, maintenance and repair work. Contractor has the necessary experience in providing these professional services, 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 Exhibit “A”, attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2.TERM This Agreement will be effective for a period of one (1) year from the date first above written. 3.COMPENSATION The total fee payable for the Services to be performed will be six thousand two hundred dollars ($6,200). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit “A”. 4.PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 5.STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. DocuSign Envelope ID: 3B0197BB-04FB-4C82-8D29-F9AC9A5CBFD4 16th July PSA21-1158FAC City Attorney Approved Version 6/12/18 2 6.INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 7.INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. 8.NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Contractor Name Chris Rozenko For City Name Brian Bacardi Title Project Manager Title Project Manager Department Public Works Address 480 Enterprise Street City of Carlsbad San Marcos, CA 92078 Address 405 Oak Ave. Phone No. 760-472-6634 Carlsbad, CA 92008 Email crozenko@primeelectrical.net Phone No. 760-434-2944 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. DocuSign Envelope ID: 3B0197BB-04FB-4C82-8D29-F9AC9A5CBFD4 PSA21-1158FAC City Attorney Approved Version 6/12/18 3 9. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 10. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 11. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 12. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 13. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 14. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 15. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. /// /// /// /// /// /// /// DocuSign Envelope ID: 3B0197BB-04FB-4C82-8D29-F9AC9A5CBFD4 PSA21-1158FAC City Attorney Approved Version 6/12/18 4 16. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR PRIME ELECTRICAL SERVICES, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Richard King, President & CEO (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, Secretary, President, or Assistant Secretary, Vice-President 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: 3B0197BB-04FB-4C82-8D29-F9AC9A5CBFD4 PSA21-1158FAC City Attorney Approved Version 6/12/18 5 EXHIBIT “A” SCOPE OF SERVICES Dove Library – Pendant Review and Repair Contractor to provide all material, tools and labor necessary to inspect and repair twelve (12) existing pendant lamp fixtures at the Dove Library, 1775 Dove Lane, Carlsbad, CA 92011. Scope of Work shall consist of all items mentioned in the contractor’s proposal dated June 18, 2020 and is attached to this document as Exhibit “B”. Additional Notes: - Work to be performed during regular library business hours. - Repairs of fixtures to be consistent with the drawing listed as Exhibit “C”. - Contractor to repair and replace part(s) on one (1) pendant. - Contractor to inspect remaining eleven (11) pendants for replacement of part(s), as needed. - Contractor to provide scissor lift on-site for installation. /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 3B0197BB-04FB-4C82-8D29-F9AC9A5CBFD4 PSA21-1158FAC City Attorney Approved Version 6/12/18 6 EXHIBIT “B” DocuSign Envelope ID: 3B0197BB-04FB-4C82-8D29-F9AC9A5CBFD4 PSA21-1158FAC City Attorney Approved Version 6/12/18 7 EXHIBIT “C” DocuSign Envelope ID: 3B0197BB-04FB-4C82-8D29-F9AC9A5CBFD4 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