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Shade Structures Inc dba USA Shade & Fabric Structures; 2020-03-11; PKRC20-1301
CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT INSTALL NEW SHADE SAIL AT ALGA NORTE SKATE PARK PICNIC TABLE AREA; CONT. NO. PKRC20-1301 Tracking#: This agreement is made on the / 1-tfJ day of ~c b '2~by the City of Carlsbad, California, a municipal corporation, (hereinaftercald~"), and Shade Structures, Inc. OBA USA Shade & Fabric Structures whose principal place of business is 2580 Esters Blvd., Suite 100, DFW Airport, TX 75261 (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: Temujin Matsubara (City Project Manager) PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. 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. INSTALL NEW SHADE SAIL AT ALGA NORTE SKATE PARK; PKRC20-1301 Page 1 of6 City Attorney Approved 1/22/2020 Tracking#: 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. 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 subc ra tor from participating in contract bidding. Signature: Print Name: 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. INSTALL NEW SHADE SAIL AT ALGA NORTE SKATE PARK; PKRC20-1301 Page 2 of6 City Attorney Approved 1/22/2020 Tracking#: 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. 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 twenty (20) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within ten (10) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Ill Ill Ill Ill Ill Shade Structures, Inc. (name of Contractor) 989458 (Contractor's license number) B, 12/31/2021 (license class. and exp. date) 1000003533 (DIR registration number) 06/30/2021 (DIR registration exp. date) INSTALL NEW SHADE SAIL AT ALGA NORTE SKATE PARK; PKRC20-1301 Page 3 of6 2580 Esters Blvd., Suite 100 ( street address) DFW Airport, TX 75261 (city/state/zip) 800-966-5005 (telephone no.) 214-905-9514 (fax no.) ppublico@usa-shade.com (e-mail address) City Attorney Approved 1/22/2020 Tracking#: AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR By: (sign here) \,j I b ~~~~~le) ~r~0 rnAr CITY OF CARLSBAD, a municipal corporation of the State of California By: anager, Deputy City Manager, .rufrl~rff"'nt Director as Authorized by the City Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached. !f....g_ corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: fJtrZ,du /C.. M~ Deputy/Assistant City Attorney INSTALL NEW SHADE SAIL AT ALGA NORTE SKATE PARK; PKRC20-1301 Page 4 of 6 City Attorney Approved 1/22/2020 Tracking#: EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to Business Name and Address be Subcontracted Total% Subcontracted, -----1/2---- INSTALL NEW SHADE SAIL AT ALGA NORTE SKATE PARK; PKRC20-1301 Page 5 of 6 DIR Registration No. License No., % of Classification & Total Expiration Date Contract City Attorney Approved 1/22/2020 Date: January 30, 2020 EXHIBIT B Scope of Work Project: Alga Norte Community Park; Skate Park Shade Sail Replacement Contractor: USA Shade & Fabric Structures Contractor Representative: Paul Publico; Email: ppublico@usa-shade.com Phone: 619-616-8272 JOB QUOTATION ITEM UNIT QTY DESCRIPTION NO. 1 1 1 USA Shade and Fabric Structures to remove the existing one (1) piece fabric. Install a one (1) piece new fabric attaching to all five (5) columns at Alga Norte Skate Park picnic area. Shade sail color: Desert Sand TOTAL* *Includes taxes, fee's, expenses and all other costs. INSTALL NEW SHADE SAIL Tracking#: PRICE $6,100.00 $6,100.00 AT ALGA NORTE SKATE PARK; PKRC20-1301 Page 6 of6 City Attorney Approved 1/22/2020 ____, I DATE(MM/DDIYYYY) ACC:,RD• CERTIFICATE OF LIABILITY INSURANCE ~ 02/21/2020 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Aon Risk ser vices central, Inc. l'MVNt (866) 283-7122 I r~. No.l: <800) 363-oios st. Louis MO office (IVC. No. Ext): 4220 Duncan Avenue E-MAIL suite 401 ADDRESS: St Louis MO 63110 USA INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: Pennsylvania Manufacturers' Assoc Ins Co 12262 shade Struct ures, Inc. INSURER B: James River I nsurance Company 12203 OBA USA SHADE & FABRIC STRUCTURES Lloyd's syndicate No. 2623 AA1128623 2580 Esters Blvd., suite 100 INSURER C: DFW Airport, TX 75261 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 570080591187 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested 'LTR TYPE OF INSURANCE j'.,,'o 1wvo POLICY NUMBER l'ULl<;T "'" l'ULl<;T ~XI' LIMITS I IMM/00/YYVV\ IMM/DD/YYYV ~ X COMMERCIAL GENERAL LIABILITY y y 10/U.l/201\ 10/U.l/LULU EACH OCCURRENCE Sl,000,000 -D CLAIMS-MADE 0 occuR UAMAl:it:. TO Ht:N t:U $300,000 PREMISES 1Ea occurrence\ X XCU not excl MED EXP (Any one person) Sl0,000 PERSONAL & ADV INJURY Sl,000,000 -S2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE ~ 0PRO· 0LOC S2,000,000 POLICY X JECT PRODUCTS -COMP/OP AGG OTHER: Deductible $25,000 A AUTOMOBILE LIABILITY y y 151900 0652321 10/01/2019 10/01/2020 COMBINED SINGLE LIMIT Sl,000,000 '~---~--·' X ANY AUTO BODILY INJURY ( Pet person) --SCHEDULED BODILY INJURY (Per accident) OWNED ,__ AUTOS ONLY -AUTOS PROPERTY DAMAGE X HIRED AUTOS X NON-OWNED /Per accident\ ,__ ONLY ,_ AUTOS ONLY Collision Deductible Sl,000 B X UMBRELLA LIAB H OCCUR 000860431 10/01/2019 10/017,0,u EACH OCCURRENCE S5,000,000 -AGGREGATE $5,000,000 EXCESS LIAS CLAIMS-MADE OED I I RETENTION A WORKERS COMPENSATION AND y 2019750652321 10/01/2019 10/01/2020 X I PER STATUTE I 12JH· EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR I PARTNER I EXECUTIVE ~ E.L. EACH ACCIDENT Sl,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E.L. DISEASE-EA EMPLOYEE Sl,000,000 ~~;t~p"fib~ ~r~PERATIONS below E.L. DISEASE-POLICY LIMIT Sl,000,000 C Archit&Eng Prof B0621PPLAY000419 10/01/2019 10/01/2020 Per claim/Agg Limit S3 ,000,000 A&E -claims Made Cvg. DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached II more space Is required) The per location aggregate is subject to a policy cap of $10,000,000. RE: contract No. 51730161 Project: Al ~a Norte skate Park. The General Lia ility (Ongoing & com~l eted Operations) and Automobile Liabil ity Policies include a blan et Additional Insured endor sement in favor of city of car sbad that provides this feature only when there is a written contract with the Named I nsured that requires such status. General Liability pol icy i s Primary and Non-Contr ibutory. The General Liabi l ity, Automobile Liabilit~ and workers' Compensation policies i nclude a blanket waiver of subrogation endorsement that provides this feature only when t ere is a written contract with the Named Insured that requires such status. umbrella policy is fol low form. CERTIFICATE HOLDER City of carisbad 799 Pine Avenue, St e. 200 Carl sbad CA 92008 USA ACORD 25 (201 6/03) CANCELLATION SHOULD ANY OF TIE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD nam e and logo are registered marks of ACORD ,-.. a, ;;; "' ✓ 0 a, 8 ,-.. "' 0 z 41 ~ i: ~ ✓ ✓ AGENCY AGENCY CUSTOMER ID: 570000052633 LOC#: ADDITIONAL REMARKS SCHEDULE NAMED INSURED Aon Risk services central, Inc. shade structures, Inc. POLICY NUMBER see certificate Number: 570080591187 CARRIER INAICCODE see certificate Number: 570080591187 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER Page _ of _ I ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR ADDL SUBR POLICY NUMBER EFFECTIVE EXPIRATION LIMITS LTR TYPE OF INSURANCE INSD WVD DATE DATE (MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY A y y 151900 0652321 10/01/2019 10/01/2020 Comprehensiv $1,000 e Deduct ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY AGENCY CUSTOMER ID: 570000052633 LOC#: ADDITIONAL REMARKS SCHEDULE NAMED INSURED Aon Risk services central, Inc. shade Structures. Inc. POLICY NUMBER see certificate Number: 570080591187 CARRIER I NAIC CODE see certificate Number: 570080591187 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Companies Affording coverage LINE OF BUSINESS DESCRIPTION POLICY NUMBER POLICY POLICY COMPANY EFFECTIVE EXPIRATION DATE DATE (MM/DDNYYY) (MM/DDNYYY) umbrella Liability 000860431 10/1/2019 10/1/2020 James River Insurance company General Liability 000959650 10/1/2019 10/1/2020 James River Insurance company coverage Business Auto coverage 151900 0652321 10/1/2019 10/1/2020 Pennsylvania Manufacturers' ASSOC Ins Co workers compensation 2019750652321 10/1/2019 10/1/2020 Pennsylvania Manufacturers' ASSOC Ins co Architects & Engineers B0621PPLAY000419 10/1/2019 Professional 10/1/2020 Lloyd's Syndicate No. 5678 Architects & Professional Engineers B0621PPLAY000419 10/1/2019 10/1/2020 Lloyd's Syndicate No. 2623 Architects & Professional Engineers B0621PPLAY000419 10/1/2019 10/1/2020 Lloyd's Syndicate No. 4020 Architects & Professional Engineers B0621PPLAY000419 10/1/2019 10/1/2020 Lloyd's Syndicate No. 4000 Architects & Engineers B0621PPLAY000419 10/1/2019 Professional 10/1/2020 Lloyd's syndicate NO. 2987 Architects & Professional Engineers B0621PPLAY000419 10/1/2019 10/1/2020 Lloyd's syndicate NO. 1084 Architects & Engineers B0621PPLAY000419 10/1/2019 Professional 10/1/2020 Lloyd's syndicate NO. 2488 Architects & Engineers B0621PPLAY000419 10/1/2019 Professional 10/1/2020 Lloyd's syndicate NO. 623 Page_ of_ NAIC PRJMAR~ PERCENTAGE (YIN) OF FLAG RISK 12203 y 100 12203 y 100 12262 y 100 12262 y 100 AA1120 N 33.33 AA11281 y 27 .30! AA1120( N 6.674( AA1126( N 6. 674( AA1128! N 6.674( AA11271 N 6.674( AA1128• N 6.674( AA11261 N 5. 994( The Subscribing insurers' obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any co-subscribing insurer who for any reason does not satisfy all or part of its obligations. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER 00095965-0 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Where required by written contract or written agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 00095965-0 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Where required by written contract or written agreement All operations of the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 2010 0413 POLICY NUMBER: 00095965-0 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Where required by written contract or written All operations of the Named Insured agreement Information reauired to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER: 00095965-0 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 2 of 2 POLICY NUMBER: 00095965-0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS Name Of Additional Insured Person(s) Or Organization(s): If no entry appears above, this endorsement applies to all Additional Insureds covered under this policy. Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5031US 04-10 Page 1 of 1 POLICY NUMBER: 00095965-0 COMMERCIAL GENERAL LIABILITY CG 2404 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Where required by written contract or written agreement Information reauired to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0405 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 □ POLICY NUMBER: 00095965-0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY LIMITATION -AMENDED AGGREGATE LIMITS OF INSURANCE PER LOCATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION Ill -LIMITS OF INSURANCE -The General Aggregate Limit applies separately to each "Location" of the Named Insured. Notwithstanding the application of the General Aggregate Limit to each "Location" of the Named Insured, under no circumstances will we pay more than $10,000,000 for all claims under this policy that are subject to the General Aggregate limit. For the purpose of this endorsement, the following definition is added: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5011 US 12-03 Page 1 of 1 POLICY NUMBER: 00095965-0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY LIMITATION -AMENDED AGGREGATE LIMITS OF INSURANCE PER PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS COMBINED LIABILITY POLICY SECTION Ill -LIMITS OF INSURANCE -The General Aggregate Limit applies separately to each "Project" of the Named Insured. Notwithstanding the application of the General Aggregate Limit to each "Project" of the Named Insured, under no circumstances will we pay more than $10,000,000 for all claims under this policy that are subject to the General Aggregate limit. For the purpose of this endorsement, the following definition is added: "Project" means all work done by you or on your behalf, away from premises owned or rented to you, to complete an individual bid or negotiated contract to provide services for a specified period of time. Multiple jobs, work orders, purchase orders, or work done at multiple "locations" under one contract are not separate "projects" within the meaning of this coverage. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5012US 12-03 Page 1 of 1 POLICY NUMBER: 151900 0652321 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. I Named Insured: Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): AS REQUIRED BY WRITTEN CONTRACT Information required to comolete this Schedule if not shown above will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form. CA20481013 © Insurance Services Office, Inc., 2011 AGENT Page 1 of 1 POLICY NUMBER: 151900 0652321 COMMERCIAL AUTO PCA 05 04 04 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF RECOVERY RIGHTS This endorsement modifies coverage provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM We waive any right of recovery that we may have against the person or organization shown in the SCHEDULE because of payments we make for injury or damage arising out of the operation of an insured "auto", but such waiver is only effective if the Named Insured has entered into a written contract or agreement with that person or organization, if such contract or agreement is made and dated prior to the injury or loss, and if such written contract or agreement requires a waiver of recovery rights. This waiver applies only to the person or organization shown in the SCHEDULE below. SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT. PCA 05 04 04 14 Includes copyrighted material of Insurance Services Office, Inc. with its permission The PMA Insurance Group, 2014 AGENT Page 1 of 1 POLICY NUMBER: 201975 0652321 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 000313 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE AS REQUIRED BY WRITTEN CONTRACT EXECUTED PRIOR TO THE DATE OF LOSS. 1983 National Council on Compensation Insurance. INSURED COPY