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Southern Contracting Company; 2019-03-12; PWM19-726GS
RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2019-0408420 111111111111 lllll 1111111111111111111111111111111111111111 IIIII IIII IIII Sep 18, 2019 11 :31 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $0 00 (SB2 Atkins $0.00) PAGES: 1 Space above this line for Recorder's use. PARCEL NO: 203-261-07-00 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 May 30, 2019. 6. The name of the contractor for such work or improvement is Southern Contracting Company. 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. PWM19-726GS, Project Name: Oak Avenue Street Light Pole Energizing. 8. The street intersection of said property is Oak Ave. and Washington St., Carlsbad, CA 92008, in the City of Carlsbad. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Car sbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on tA. 2o_JJ_, accepted the above described work as completed and ordered that a otice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on A111JIIS1 Slit, 20 IC,, at Carlsbad, California. CITY OF CARLS".":& z¾~ /lec-JtY t?Ome 2 -(~~RBARA ENGLEsoN De'P(l-1 c~t.; 1 '/✓ City Clerk J c/ C ~ Q:\Public Works\General Services\Agreements & Contracts\Southern Contracting\Oak Avenue Street Light Pole Energizing -PWM19-726GS\NOC\2.NOC -Oak Avenue Street Light Pole Energizing -PWM19-726GS.docx CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Southern Contracting Company has completed the contract work required for PWM 19-726GS - Oak Avenue Street Light Pole Energizing. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS Underground Utility Repair VALUE $42 350.00 CERTIFICATION OF COMPLETION OF IMPROVEMENTS 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. Ai1 " 1 · S-, I 'i Scott Chadwi k. ity Manager Date APPROVED AS TO FORM: CELIA BREWER, City Attorney Q:\Publ,c Works\General Services\Agreements & Contracts\Southern Contracting\Oak Avenue Street Light Pole Energizing -PWM19-726GS\NOC\3.API -Oak Avenue Street Light Pole Energizing -PWM19-726GS.docx PWM19-726GS Change Order No. 2 CONTRACT CHANGE ORDER NO. 2 PROJECT: Oak Avenue Street Light Pole Energizing CONTRACT NO. PWM19-726GS ACCOUNT NO. 162-6357-7242 CONTRACTOR: Southern Contracting Company ADDRESS: 559 Twin Oaks Valley Rd. San Marcos, CA 92079 P.O. NO. P137140 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and seNices required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. Pursuant to the Standard Specifications for Public Works Construction, perform the following: Item 1 : Contractor provided all labor, equipment, and materials necessary to troubleshoot and repair the broken street light conduit and wire on a time-and-materials (T&M) as authorized by Change Order #1. The total cost of the T&M work was $3,068.38. This change order adjusts the overall authorized contract amount to reflect the actual cost of performing all contract work. Total decrease to Contract cost. ..................................................... -$44,281.62 TOTAL DECREASE TO CONTRACT COST ................................................ -$44,281.62 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INC SED BY O WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. APPROVED BY: -~~ ·7 (;,.;J> I') t· 7-\C ull e.\-i/l (DATE) (DATE) APPROVED AS TO FORM: ~ 4 .J2. / >'/u/1'1 CITY ATT~ !) (DATE) DISTRIBUTION: INSPECTION FILE (ORIGINAL), PURCHASING, CONTRACTOR PWM19-726GS Change Order No. 1 CONTRACT CHANGE ORDER NO. 1 PROJECT: Oak St. Light Pole Energizing CONTRACT NO. PWM19-726GS P.O. NO. P137140 162-6357-7242 ACCOUNT NO. CONTRACTOR: ADDRESS: Southern Contracting Company 559 Twin Oaks Valley Rd. San Marcos, CA 92079 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. Pursuant to the Standard Specifications for Public Works Construction, perform the following: Item 1 : Contractor to provide all labor, equipment, and materials necessary to troubleshoot and repair the broken street light conduit and wire located between the Oak St. light pole and the power source. Work will be performed on a time-and-materials basis not to exceed $5,000, at a price of $125/man hour, with a materials mark-up not-to- exceed 15%. Total cost not to exceed ...................................................................... $5,000 TOTAL INCREASE TO CONTRACT COST ......................................................... $5,000 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY O WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. f' I.ENGi ~l.,.-, i\ ' ''\'-.., '---!\__,,,· RING MANAGER APPROVED AS TO FORM: CITYATT~.Jy ( U l7 (DATE (DATE) APPROVED BY: <. ~:.J.-L--?:;:s=.------., ':) { w/ 19 c'c>ii~ -(DATE) L/i2 c<i'"<:/h-,'/lj./ ) '·; i 18 • ,). .QEW:1,H,J--MbllfHl-f-b'l;tl (DATE} ~pL;Li-1.j C,i-hj ~}~tl~e~ PL-1b(1C LUO~t.S DISTRIBUTION: INSPECTION FILE (ORIGINAL), PURCHASING, CONTRACTOR PWM 19-726GS CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT OAK AVENUE STREET LIGHT POLE ENERGIZING This agreement is made on the;Y 1 -1 day of 'tlll. C/1 , , 2019, by the City Jr)•lf ~ I of Carlsbad, California, a municipal corporation, (hereinftercalled "City"), and Southern Contracting Company, a California corporation whose principal place of business is 559 Twin Oaks Valley Rd, San Marcos, CA 92079 (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: Michael O'Brien (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. Oak Avenue Light Pole Energizing Page 1 of 9 City Attorney Approved 9/27/16 PWM 19-726GS 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. :;:•~::. -~~~an, Pre:ln, 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. Oak Avenue Light Pole Energizing Page 2 of 9 City Attorney Approved 9/27/16 PWM 19-726GS 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 twenty (20) working days after commencing work. CONTRACTOR'S INFORMATION. Ill Ill Ill Ill Ill Ill Ill Ill Southern Contracting Company (name of Contractor) 222252 (Contractor's license number) Class A 12/31/2020 (license class. and exp. date) 1000002172 (DIR registration number) 6/30/2019 (DIR registration exp. date) Oak Avenue Light Pole Energizing Page 3 of 9 559 Twin Oaks Valley Rd (street address) San Marcos, CA 92079 (city/state/zip) 760-7 44-0760 (telephone no.) 760-744-6475 (fax no.) slawton@southerncontracting.com (e-mail address) City Attorney Approved 9/27/16 PWM 19-726GS 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, SOUTHERN CONTRACTING COMPANY, a California corporation ~~~ --> ---, . · ~'(s~n~ere) :z Philip E. Waterman/President (print name/title} By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: 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 J Oak Avenue Light Pole Energizing Page 4 of 9 City Attorney Approved 9/27/16 .. /) ,, ( ·I' ,,-)1, U l•J /}/,I ,J · , /VV/.v l~•v~ V~ ,;,/ ,v I 7 : I \l'J,;1)3/ {C' W\'/W,SOii th 1;rnr_;;)n tr .:1 C tin.f.~-C ,)'11 Em,; i I: iV1 a 1 ! ~~• s 1J u t t1 :~ r n cont r .:1 ct in g t, :: r i · CORPORA TE RESOLUTION "RESOLVED that Philip E. Waterman, whose signature appears below, of this corporation are hereby authorized, in the name of the corporation to execute a ContracUNote/Security AgreemenWehicle Lease Agreement/Fleet Lease Agreement/Conditional Sale with such sums, upon such term, and as often as may seem advisable to such persons." "The authority herein conferred shall continue in full force and effect until written notice of its revocation shall be received by said dealer or any holder of any of the above described interments executed prior to any such revocation." AUTHORIZED SIGNATURE ~~i -~~~---- \ = ~ --- Signature Philip E. Waterman I Richard W. McBride, of Southern Contracting Company, Hereby certify that the forgoing is a true copy of the resolution duly and legally adopted by the Board of Directors of said corporation, at a legal meeting of said Board duly and regularly held November 15, 2013, and that the signatures appearing above are genuine signatures of the person mentioned is said resolution and authorized to act of said corporation as set forth in said resolution. I further certify that said resolution has not been amended or revoked and am still in full force and effect. Dated: November 15, 2013 PWM 19-726GS 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 DIR Registration License No., %of be Subcontracted No. Classification & Total Expiration Date Contract "NONE" Total % Subcontracted: ___ O ___ _ The Contractor must perform no less than fifty percent (50%) of the work with its own forces Oak Avenue Light Pole Energizing Page 5 of 9 City Attorney Approved 9/27 /16 EXHIBIT"B" Oak Avenue Street Light Pole Energizing (City Hansen work order number 543705) PWM 19-726GS The Contractor will provide all labor, materials, and equipment required to energize the street light pole located on the north side of Oak Avenue approximately 25 feet west of the Oak Avenue and Washington Street intersection, in downtown Carlsbad, see Exhibit "D". Work includes Contractor providing boring equipment and operation, 1" PVC conduit, pull boxes, 3-#10 THHN wire, boring preparation and pit work, and all materials required to connect power between the power pole and street light pole (see Exhibit D for boring, conduit, and pull box locations). All work is to meet all City of Carlsbad Engineering Standards (or Regional Standards where not defined), and Section 306 and Section 700 and all applicable cross-references to underground conduit construction and wire installation in the "The Greenbook" 2018 edition. JOB QUOTATION ITEM UNIT QTY . · DESCRIPTION PRICE NO. 1 LS 1 Provide all boring equipment and borig services, conduit, $42,350 conductors/wires, pull boxes, and appurtenances necessary to energize the street light pole located on Oak Avenue west of Washinaton Strett TOTAL* $42,350 *Includes taxes, fees, expenses and all other costs. Oak Avenue Light Pole Energizing Page 6 of 9 City Attorney Approved 9/27/16 EXHIBIT "C" LABOR AND MATERIALS BOND PWM19-726GS BOND NO. 107044216 PREMIUM: $297.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to SOUTHERN CONTRACTING COMPANY (hereinafter designated as the "Principal"), a Contract for: OAK ST LIGHT POLE ENERGIZING in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, SOUTHERN CONTRACTING COMPANY, as Principal, (hereinafter designated as the "Contractor"), and TRAVELERS CASUAL TY AND SURETY COMPANY OF AMERICA as Surety, are held firmly bound unto the City of Carlsbad in the sum of FORTY-TWO THOUSAND THREE HUNDRED FIFTY Dollars ($42,350), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Oak Avenue Light Pole Energizing Page 7 of 9 City Attorney Approved 9/27 /16 .. PWM19-726GS In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this __ 2_6_T_H __ _ Executed by SURETY this __ 2_6_T_H ___ day day of _____ F_E_B_R_U_A_R_Y __ , 20~. CONTRACTOR: SOUTHERN CONTRACTING COMPANY (name of Contractor) By C ,4~7--·· PHILIP E. WATERMAN (print name here) (print name here) SECRETARY (title and organization of signatory) of ______ F_E_B_R_U_A_R_Y __ ,20~ SURETY: TRAVELERS CASUAL TY AND SURETY COMPANY OF AMERICA (name of Surety) 21688 GATEWAY CENTER DRIVE DIAMOND BAR, CA 91765 (address of Surety) 909/612-364 7 (telephone number of Surety) By: livivo. ~ (signature of Attorney-in-Fact) MARK D. IATAROLA, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney (J ,. By: \,, A. A/ Deputy City Attorney j Oak Avenue Light Pole Energizing Page 8 of 9 City Attorney Approved 9/27 /16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 6118 0 000:00:ocoo 01) 11:110:113 L1J800 0 8 ~OOOOOOO@UOCJO II 10 I a II EO 0@08000080006iJ D J:oco:o:o:o O €10:0 I 9 O O OOll86 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO } On ___ 2_/2_6_/_20_1_9 _____ before me, ___ S_A_N_D_R_A_F_I_G_U_E_R_O_A_,_N_O_T_A_R_Y_P_U_B_L_IC ___ ~ Date Here Insert Name and Title of the Officer personally appeared __________ M_A_R_K_D_._IA_TA_R_O_L_A ___________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(st whose namef&t is/~subscribed to the within instrument and acknowledged to me that he/she/tl'ley executed the same in his/1,el'J'-t:heir authorized capacity!ies), and that by his/her,1tl'leir signature(-s) on the instrument the person(5), or the entity upon behalf of which the person(~) acted, executed the instrument. T. S.NoAAF,GU,RoA 1 ,-COMM.# 2162642 } Z . ~ SAN DIEGO COUNTY } ~ ..,_;. NOTARY PUBLIC-CALIFORNIA:2 l MY COMMISSION EXPIAESj AUGUST 14, 2020 <..:.=c:::.:><...><..><...><::.>-<:>-<>-c:::><:>' Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature -~d--~-----=;, 1,___~ ___ _ Signature of~ Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document __________________________ _ Document Date: _____________________ Number of Pages: ___ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(les) Clalmed by Slgner(s) Signer's Name: MARK D. IATAROLA □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual ~ Attorney in Fact □ Trustee □ Guardian of Conservator □ Other: Signer is Representing: _________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian of Conservator □ Other: Signer is Representing: _________ _ a a 1:111111:111111:a ma a a a 11111 ft18880:e:ooa 1:1m191111:11 s as a am nooo:a 1:s II a ct mm &:s 1:1a1:11:1100:1 rti:& 1:11:1ea1:11a 1:1 a I coo:sa ~a a 1a s:a a 111000 ©2017 National Notary Association .. -, ~ TRAVELERSJ Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Mark D. Iatarola, of Escondido, California, their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. State of Connecticut By: City of Hartford ss. Robert L. Raney, SemfuVicePresident On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 ~ C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which ii is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 26TH day of FEBRUARY , 2019 To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On 02/26/2019 before me, Lynn R. Murison-Eroles, Notary Public Date Here Insert Name and Title of the Officer personally appeared Philip E. Waterman and Darlene Y. McBride Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ~re subscribed to the within instrument and acknowledged to me that llfal<ff/they executed the same in ~~/their authorized capacity(ies), and that by k~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand.and official seal. J . r:.7 ~/ 11 11zu~,..,/-·✓ / ----------------OPTIONAL _______________ _ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Labor and Materials Bond Document Date: _______ _ Number of Pages: 2 Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Philip E Waterroa_n [j Corporate Officer -Title(s): President D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: ______________ _ Signer Is Representing: ________ _ Signer's Name: Darlene Y. McBride [xi Corporate Officer -Title(s): Secretary D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: _____________ _ Signer Is Representing: ________ _ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PWM 19-726GS EXHIBIT "D" CONDUIT/WIRE BORE PATHWAYS AND PULL BOX LOCATIONS • ·\ , C?,ak Ave & Washington t, #J, St, Carlsbad, CA 92008 . . •.... )■ ,., i ,, ,,. _ _ ,_ .• ·■··: . . . : . . . .. ~ ,~ ,. -~ ..,, ' .. ;. . , ~: ·, . Oak St Light Pole Energizing Page 9 of 9 City Attorney Approved 9/27 /16 , I ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 9/25/2018 THIS CERTIFICATE 15 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 15 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 SullivanCurtisMonroe Insurance Services CONTACT NAME: 980 Montecito Drive PHONE 951.493.3300 I ;ffc Nol: 951.493.3399 Suite 105 /Alf' No. l=vt\· E-MAIL Corona , CA 92879 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# www.SullivanCurtisMonroe.com License # OE83670 INSURER A: Hartford Fire Insurance Comoanv 19682 INSURED INSURER B: Hartford Casualtv Insurance ComDanv 29424 Southern Contracting Company INSURERC: Sentinel Insurance ComDanv Ltd 11000 P.O. Box 445 San Marcos CA 92079 INSURER D: Travelers ProDertv Casualtv Co of Amer 25674 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 44414767 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. ADDL SUBR INSR ,~~M%~1 ,~grc1i~\ LTR TYPE OF INSURANCE lm~n 1,an,n POLICY NUMBER LIMITS A L COMMERCIAL GENERAL LIABILITY ✓ ✓ 72UEAPT0574 10/1/2018 10/1/2019 EACH OCCURRENCE $1 000 000 D CLAIMS-MADE w OCCUR DAMAGE TO RENTED -PREMISES /Ea occurrence) $300 000 L XCU Included MED EXP (Any one person) $10 000 -PERSONAL & ADV INJURY $1,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fl POLICY [2J .\'if& DLoc PRODUCTS -COMP/OP AGG $2 000 000 OTHER: $ A AUTOMOBILE LIABILITY 72UEAPT0696 10/1/2018 10/1/2019 COMBINED SINGLE LIMIT $1 000 000 /Ea accidentl >-- ✓ ANY AUTO BODILY INJURY (Per person) $ ~ OWNED ~ SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ ~ HIRED -NON-OWNED PROPERTY DAMAGE L AUTOS ONLY ,_L AUTOS ONLY Comp Ded $1,000 /Per accident\ $ Coll Ded $1 000 $ B L UMBRELLA LIAB H OCCUR 72RHAPT0617 10/1/2018 10/1/2019 EACH OCCURRENCE $5 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5 000 000 OED I ✓ I RETENTION $10,000 $ C WORKERS COMPENSATION ✓ 72WEAZR3341 10/1/2018 10/1/2019 ✓ I ~ftuTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE ~ E.L. EACH ACCIDENT $1 000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1 nnn nnn If yes, describe under $1 000 000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT D Excess over Umbrella ZUP21 N8044618NF 10/1/2018 10/1/2019 $5,000,000 Each Occurrence/Aggregate (Following Form) DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) SCC Job No.: 103502 -Underground Utility Repair at Levante Street between Ladera Ct and Cumbre CT; Agreement Number: PWM18-144GS Additional Insured applies per attached policy forms to: The City of Carlsbad, its officials, employees and volunteers Primary & Non-Contributory wording is included. Early notice of cancellation applies. Waivers of Subrogation apply per attached policy form. CERTIFICATE HOLDER CANCELLATION RE: SCC Job No.: 103502 -Underground Utility Repair at Levante Street between Ladera Ct & Cumbre CT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Comr:>liance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 4668 -ECM #35050 New York NY 10163-4668 AUTHORIZED REPRESENTATIVE A-W I Tien Le © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM I Clarisa Takai I 9/25/2018 9: 11: 03 AM (PDT) I Page 1 of 35 This certificate cancels and supersedes ALL previously issued certificates. ✓ ,J AGENCY CUSTOMER ID: SOUTHCON1 ---------------------LO C #: ADDITIONAL REMARKS SCHEDULE AGENCY SullivanCurtisMonroe Insurance Services POLICY NUMBER CARRIER I NAIC CODE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (03/16) HOLDER: City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services ADDRESS: P.O. Box 4668 -ECM #35050 New York NY 10163-4668 NAMED INSURED Southern Contracting Company P.O. Box 445 San Marcos CA 92079 EFFECTIVE DATE: Carrier: Hartford Fire Insurance Company (NAIC #19682) A.M. Best: A+, XV (Admitted) Policy#: 72UUMPT0797 Effective: 10/1/2018 to 10/1/2019 CONTRACTOR'S EQUIPMENT: Leased/Rented Equipment Limit -$2,000,000 (Max. $750,000 Per Item) Scheduled Equipment Limit -$3,017,382 Deductible -$1,000 All other perils Deductible -$5,000 for Theft Deductible -Greater of 2% or $5,000 for Cranes INSTALLATION: Maximum Limit -$2,500,000 Property in Transit Limit -$750,000 Property at Temporary Storage Limit -$750,000 Deductible -$2,500 Carrier: Hartford Fire Insurance Company (NAIC #19682) A.M. Best Rating: A+, XV (Admitted) Policy#: 72MSPT1923 Effective: 10/1/2018 to 10/1/2019 BUILDERS RISK: Maximum Limit -Hard Costs: $1,500,000 Maximum Limit -Soft Costs: $150,000 Flood: $1,000,000 (Flood Zone X/C Only) Property at Temporary Storage: $100,000 Property in Transit: $100,000 Deductible -Hard Costs: $2,500 Deductible -Soft Costs: 5 Day Deductible -Flood: $25,000 Page of ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT 44414./67 I SOUTHCONl I 2018 GL CAU UMC WCO IM \ Clarisa Takai j 9/25/2018 9:11:03 AM (PDT) I Page 2 of 35 This certificate cancels and supersedes ALL previously issued certificates. Southern Contracting Company 9/25/2018 72UEAPT0574 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Road the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this polh,)' the words "you" and "your'' refer to the Named Insured shown in the Declaratlons, and any other person or organization qualifying as a Named Insured under this policy. The words "we", ''us" and "our" refer lo the stock insurance company member of The Hartford providing this Insurance. Tt1e word "insure11• means any person or organization qualifying as such under Section II - Who ts An Insured. Other words and phrases that appear in quotalion marks have special meaning. Refer to Section V - Definitions. SE.CTION I -COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums Iha! the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage• to which this insurance applies. We will have 1he right and duty to defend the insure(! against any "'suit" seeking those damagf'.s. Howe\ler, we will have no duly to dcfond the insured against any "sull" seeking damages for "bodily injury" or "property damage' to wtiich this insurance does not apply. We may, al our discretion, investigate any "ooourrenoo" and settle any claim or "suit" tt1.it may result. But: (1) The amount we will pay for dl:lrnages Is limilad as described in Section Ill -Limits 01 Insurance: and {Z) Our right and duty to defend ends when wo have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or ma<lrcal expenses under Coverage c. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Paymenls • Covorages A and B, b. This Insurance applios 10 "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrenoo" that tak.es place in the "coverage territory"; (2) The "bodily injury" or "prnperty uarnage" occurs during the policy period; and (3) Prior to the pulicy pertod, no insured listed under Paragraph 1. of Section II -Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence• or ctaim, knew that the "bodily Injury" or "property damage" had occurred, in whole or ln part. If such a !isled insured or authorized "employee" knew, prior to the policy period, that the "bodily injury• or "property damage" occurred, then any continuation, change or resumption of such "bodily injuryff or •property damage• during Of after !he policy period will be deemed lo l1ave bean lmOWfl prior to the policy period. c. "Bodily injury" or "property damage" will be deemed lo have been known to 11ave occurred at the earliest lime when any insured listed under Paragraph 1. ol Section I! -Who Is An Insured or any "employee" authorized by you to give or receive notice or an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a wrillen or verbal demand or claim for damages because of the "bodily injury" or "property damtige"; or (3) Becomes aware by any other mea/'15 that "bodily injury" or "property damage• has occurred or has t>egun to occur. d. Damages because of "bodily injury• include damages claimed by any person or organization for care, loss of services or death resultlng at any time from the "bodily injury". e. lncldental Medical Malpractice And Good Samaritan Coverage "Bodily injury" arising out of the rendering of or failure to render the following health caro servioos by any "employee" or "volunteer worker" shall be deemed to be caused by an "occurrence• for: HG00010916 Page1of21 © 2016 The Hartford i! (Includes copyrighted material of Insurance Se1vlces Office, Inc. with ils permission.) 1 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM I Clarisa Takai I 9/25/2018 9:11:03 AM (PDT) I Page 3 of 35 This certificate cancels and supersedes ALL previously issued certificates. (1) Professional health care services such as: (a) Medical, surgical, dental, labora1ory, x- ray or nursing services or 1reatment, advice or instruction, or the related furnishing of food or beverages; (b} Any health or therapeutic service, treatment, advice or instruction; or (c) The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or j2) First aid services, which in<.;luda: (a) Cardiopulmonary resuscitation. whether performed manually or with a deflbrillalor; or (b) Services performed as a Good Samaritan. For the purpose of delermining the limits of insurance, any act or omission together with all related acts or omissions in the lumishing of these services to any one person will be considered one "occurronce''. HoW<:ver, this lnctdcntal Medical Malpract!ce And Good Samaritan Coverage provision applies only if you are not engaged in the business or occupation of pro\lidmg any of the services described in this provision. 2, Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "propeny damage" expected or intended from tile standpoint of the insured. This exclusion does not apply to "bodily inj,Jry• or "property damage" resulting from Un~ use of reasonable lorca to protect persons or property. b. Contractual Liability "Bodily injury'' or "property damage" for which the insured is obligated to pay oamages by reason of tho assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in !he absonco of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent lo the execution of the contract or agreement Solely for the purposes of liability assumed in an ''Insured contract", roasonablo attorney fees and necessary litigation expenses incurred by or for a party olher than an Insured are deemed to be damages because of "bodily Injury• or "property damage", provided: Page 2 of 21 (a) LiabiHty to such party for, or for I.he cost of, that party's defense has also been assumed in the some "insured contract•; and (b) Such attorney fees and litigation expenses aro for dcfonsc of that pai1y against a civil or alternative dispute resolution proceeding in which damages to which this Insurance applies are alleged. c. Liquor Liability "Bodily Injury" or •property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) Tho furnishing of alcoholic beverages lo a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to tho sale, gift, distribution or use of a1coI1olic beverages. This exclusion applies even if th~ claims against any insured allege negligence or o1her wrongdoing in: (a) The supeivision, hiring, employment, training or monitoring of others by thal insurud; or (b) Providing or failing to provide transportation with respect to any person that may be under 1ho influonce of alcohol; if the "or.currenr.e" which caused the ~bodtly inj11ry'' or "property damage", involved that which is described in Paragraph j1), f2) or (3) above, However, this exclusion applies only if you are in the business of manufacturing, distributing, selfing, serving or furnishing alcoho!ic beverages. For the purposes of this exclusion, perrnilling u person to bring alcoholic beverages on your prem1ses, for consumption on your premises, whelher or not a lee is charged or a license is rtiquired for such acllvlly, is not by itself consldorod tho business of selling, serving or furnishing atooholic beverages. tt. Workers' Compensation And Similar Laws Any obllgallon of the insured under a worl<;ers' compensation, disability benefits or unemployment compensation law or any similar law, e. Employer's Liability "Bodily injury" to: {1) Ari "employee" of1he insured arising out of amt In the course of: HG OD 01 0916 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM j Clarisa Takai I 9/25/2018 9:11:Q:; AM (PDT) I Page 4 of 35 This certificate cancels and supersedes ALL previously issued certificates. (a) Employment by the insured; or (b) Po1torm1ng duties related lo the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applios: (1) Whether the insured may be liable as an employer or in any other capacity; and j2) To any obligation to share damages with or repay someone else who must pay damages because of!he injury. This exclusion does not apply lo liabilily assumed by tile insured under an "insured contract". f. Pollution 11) "Bodily injury" or "proporty damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migralion, release or esoapti of "pollutants": (a) At or from any premises, site or locaiion which is or was al any time owned or occupied by, or rented or loaned to, any insured. However, !his subparagraph does not apply to: (i) "Bodily injury• if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that Is used to heat, cool or dehumidify 1he bulldlng, or equipment that is used to heat water for personal use. by the bullcting's occupan1s or their guests; (ii) ''Bodily ln)lry'' or "property damage• for which you may be held liable, if you are a contractor am1 the owner or lessee of such promises, site or location has been added lo your policy as an additfo11al insured wrlh respect to your ongoing oporalions pertormed for that additional Insured at that premises, site or location and such premises, site or location is not ana never wAs owned or occupied by, or rented or loaned to, any insured, other than lhal additional insurecl; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) Al or from any premises, site or location which is or was al any time used by or ror any insured or others for the handling, storage, disposal, processing or treatment of waste; HG 00 01 0916 (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or ror: (i) Any insured; or (ii) Any person or organization for wl1om you may be legally responsible; (d) At or from any premises, site or location on wflich any insured or any contractors or subcontractors working directly or indlreclly on any insured's behalf are performing operations if the "pollutants" are brough1 on or to tile premises, site or location in connection with such operations by such Insured, contractor or subcontractor. However, this subparagrilph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape or ruels, lubricants or other operating Huids which are needed lo perlorn1 the normal electrical, hydraulic or mechanical functions necessaiy for the operallon of "mobile equipment" or i!s parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply Jt the "bodily injury" or "property damage• arises out or the lnten!lonal discharge, dispersal or release of the fuelS, lubricants or other operating fluids. or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent !hot they be discharged, dispersed or released as part of the operations ooing perfom1ed by such insured, contractor or sullcontractor; (ii) "Bodily injury" or "property damage" sustained within a l>uilding aod caused by th0 rBlease of gases, fumes or vapors from materials broughl inlo 1ha1 building in connection with operations being perrormed by you or on your oehalt by a contractor or subcontractor: or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes trom a "hoslile tire"; or (et At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the Page 3 of 21 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM I Clarisa Takai I 9/25/2018 9:11:03 AM {PDT) I Page 5 of 35 This certificate cancels and supersedes ALL previously issued certificates. operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neulrallzo, or in any way respond to, or assess the effects of, •pollutants•. j.2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory ur reg1.ua1ory requirement that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess u,e effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monHortng, cleaning up, removmg, containing, treating, detoxifying or neutralizing, or in any way responding lo, or assessing the effects of, "pollutants•. However, this paragraph does not apply to liability for damages hecause of "property damage" Iha! the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental aulhorily. g. Aircraft, Auto Or Watercraft "Bodily injury'' or "property damage" arising au! of the ownership, maintenance, 1.1si:, or enlrus\menl to others of any aircraft, "auto• or watercraft owned or operated by or rented or loaned lo any insured. Use inclt1des operation and ''loading or unloading", This exclusion applies even if the claims against any insured allege negltgencc or other wrongdoing in the supervision, hiring, employment, train i11g or monitoring of others by t11at insured, if 1he "occurrence" Which caused thO "bodily injury'' or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned lo any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A walercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next 10, premises you own or rent, provided the "auto" is not owned by or rentod or loaned to you or the insured; Page4 of 21 (4) Liability assumed under any "Insured contract" for the ownership, maintenance or use or aircraft or watercraft; (5) "Bodily Injury" or "property damage" arising out of: (a) Tho operation of machinery or equiprnenl that is altached to, or part or, a land vehicle that would quaHfy under tho definition of "mobile equipment'' if it ware not subject to a compulsory or financial responsibilHy raw or olher motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment !isled in Paragraph f.(2) or f.{3) of the definition of "molllle equipment''; or (6) An aircraft that is not owned hy any insured and is hired, chartered or loaned with a paio crew. However, this exception does not apply if \he insured t1as any otiler insurance for such "bodily Injury" or "property damage", whether the other insurance is primary, excess, oontingenl or on any other basis. h, Mobile Equipm1tnt "Bodily injury" or "property damage" arising out ot: (1) The 1ransportation of "mobile oquipment• by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipme01• in, or white in practice for, or while being prepared for. any prearranged racing, speed, demolition, orslunling activity. i. War ''Bodily injury'' or "property damage", however caused, arising, directly or indirectly, out or: (1) War, including undoclared or civil war; (2) Warlike action by a military force, including action In hindering or defending against an actual or expec1ed attack, oy any government, sovereign or other authority using mllilary personnel or other agents; or (3) Insurrection, rebellion, revol1Jtion, usurped power, or action taken by governmental authority in hindering or detending against any ot these. j. Damage To Property "Property damage" to: (1) Pruperty you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, HGOO 01 0916 44414767 \ SOUTHCONl I 2018 GL CAU UMC wco IM I ~larisa Takai I 9/~5/2018 9:11:03 AM (PDT) I Page 6 of 3:) This certificate cancels and supersedes ALL previously issued certificates. enhancement, restoration or maintenance of such prope11y for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, II the •property damage" arises out of any part of those pramlses; (3) Property loaned to you; (4) Personal propeIty in the care, custody or control ofllle insured; {6) That particular part of real property on which you or any contractors or subcontractors working directly or Indirectly on your behalf are pertorming operations, if the "property damage" arises out ofthose operations: or (&) That particular part of any property that must be restored, l'epaired or replaced because "your work" was incorrectly porlormed on 11. Paragraphs (1), (3) and {4) of this exclusion do not apply to "property damage• (other than damage by fire) to premises, inclt1ding the contents of such premises, rented to you for a period of sevon or tower consecutive days. A separate limit ol insurance applies to Damage To Premises Rented To You as described in Section m • Limits Of Insurance. Paragraph (2) oflhis exclusion doas not apply ii the premises are •your work" and worn never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do nol apply to "proparty damage" arising from the use of eIeva1ors. Paragraphs (3), (4), (5) and (6) of this oxclusion do not apply lo liability assumed under a sidetrack agreement. Paragraphs (3) and {4) or this exclusion do not apply to "property damage· to borrowed equipment while not being used to perform operalions at the job site. Paragraph (6) of tt1is exclusion does not apply to "property damage• fnchKlcd in the •products-completed operations hazard". k. Damage To Your Product "Property damage" to ''your product• arising oul of ii or any part of it. I. Damage To Your Work "Property damage" to "your work" arising out of ii or any part of ii and inc!udea in the "products-completed operations hazard". This exclusion does not apply it the damaged work or the work out of WhlCh me damage anses was performed on your behalf by a subcontractor. HG 0001 0916 m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" lo "impaired properly" or property that has not been physically Injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of suddoo and accidental physical injury to "your product" or "your work" after ii has been put lo its intended use. n. Recall Of Products, Work or Impaired Property- Damages claimed for any loss, cost or expense Incurred by you or othets for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or diSposal of: (1) ''Your product"; {2) "Your work"; or (3) 'Impaired property"; if sur.h product, work, or property is withdrawn or recalled from Iha market or from use by any person or organization because of a known or suspected defecl, daticier1cy, inadequacy or dangerous condition in ii. o. Personal And Advertising Injury ~Bodily injury• arising out of upersonal arid advertising i11jury". p. Access or Disclosure or Confidemial Or Personal Information And Data-related Liability Damages arising oul of: (1) Any access to or disclosure of any person's or organization's confidential or personal information. incll1ding patents, trade secrets, processisIg methods, customer lists, nnancial information, credll card information, health information or any other type of noI1pu blic information; or (2) The loss of, loss of use of, damage to, corruption of, lnablllly to access, or inability to manipulate electronic data. This exclusion applies even if Clamages aro claimed for notification costs, credit monitoring expenses, forensic expenses, pobllc relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described In Paragraph (1} or (2) above. Page 6 of 21 44414767 I SOUTHCONl j 2018 GL CAU UMC WCO IM I Clarisa Takai I 9/25/2018 9:11:03 AM (PDT) I Page 7 of 35 This certificate cancels and supersedes ALL previously issued certificates. However, unless Paragraph (1) above applies, t11is exclusion does nol apply to damages because of "bodily injury". As used in this exclusion, electmnic dala means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software. including systems and appficalions sottware, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used wilh electronically oonlrnlled equipment. q. Employment-Related Practices "Bodily injury• to: C1) A person ariSing out of any "employment- re lale d practices•: or C2) The spouse, child, parent. brother or sister of that person as a consequence of "bodily injury" to that person at whOm any "employmenl•related practices" are directed. Thjs exclusion applies: (1} IM!elher the injury-causing event described In the definition of "employment- relaled practices• occurs before employment, during employment or after employment of that person; (2) Whether lhe insured may be liable as an employer or in any other capacity; and (3) To any obligation to st1are dameiges with or repay someone else wr10 must pay damages because of tho injury. r. Asbestos (1) "Bodily injury" or "property damage" arising out oruie ''asbestos hazard". (2) Any damages, judgments, settlarmmts, loss, costs or expenses that: (a} May be awarded or incurred by reason of any claim or sui! alleging actual or ihrealened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arisa out of any request, demand, order or statutory or regu 1a1ory requirement that any insured or others test for, monitor, clean up, remove, encapsulale. C(]fllain, !real, detoxify or neutralize or in any way respond to or assess Iha ettecls of an "asbestos hazard"; or (c) Arise out or any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, Page 6 Qf 21 detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbes10s t1azard", s, Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising dlrectly or indirectly out of any acllon or omission that violates or is affeged to violate: (1) The Telephone Consumer Protection Act {TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act ot 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, lncludlng the Fair and Accurate Crod!I Transaction Act (FACTA}: or (4) Any federal, state or local statute, ordinance or regulation, other than tt1e TCPA or CAN-SPAM Act or 2003 or FCRA and their amendments and additions, that addresses, prollibitS or lirnits the printing, dissemination, clisposal, collecting, recording, sending, transmitting, communicating or dislfibution of malerlal or information, Damage To Premises Rented To You • Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h. and j. through n. do not apply to damage by fire, lighlning or explosion 10 promisos whilo ronlcd lo you or temporarily occupied by you with permission of the owner. A separate limit of insurnnce applies to !his coverage as described in Sedion Ill -Limits or lnsuranco. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay !hose sums that lhe insured becomes legally obligated to pay as damages because of "personal and advertising injury" Ir, wt1icl1 thiS insurance applies. We will have tho right and duly to defend the Insured against any "suit" seekin{J those damages. However, we will have no dLtl\l to defend the insured against any "suit" seeking damages for "personal and advur1ising injury" to which this iflSurance does not apply. We may, at our discretion, Investigate any offense and settle any claim or "suit" that may result. But: (1 l Tt1e amoun1 we will pay for damages is limited as described in Section Ill -Limits Of lnsuranco: and (2) Our right and duty to Cleland end when we have used up the applicable limit of insurance in the payment or judgmenls or HG 00 01 0916 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM I Cla:nsa Takai I 9/25/2018 9:11:03 AM (PDT) I Page 8 of 35 This certificate cancels and supersedes ALL previously issued certificates. setllemenls under Coverages A or B or medical expenses under Coverage c. No other obligation or liaoility to pay sums or perfonn acts or services is covered unless explicitly provided for under Supplemental)' Payments -Coverages A and B. b, This insurance applies to "personal and adver1ising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to; a. Knowing Violation Of Rights Of Another "Personal and adver1ising injury'' arisin9 out of an offense committed by, at the direction or with the consent or acquiescence of U1e insured with the expectation of infliciing "personal and advertising injL1ry". b. Material Published With Knowledge Of Falsity "Personal and advertising injury'' arising out of oral, written or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Perio<t "Personal and advertiSing injury" arising out of oral, written or aleclronic publication, in any manner, of material whose first publication took place betore the beginning of the policy period. d. Criminal Acts "Personal and advertising injury• arising out of a criminal act committed by or at 11ie direction of the insured. e. Contractual Liability "Persona\ and advertising injury• for which the insured has assumed Uability in a co11tra1.1. or agreement. mis exolusion does not apply to liability for damages that the Insured would have in the absence ol the contract or agreement. f. Breach Of Contract "Personal and advertiSing injury'' arising out of a breach of contract, except an implied contract to use another's "advertising klea" In your "advert1semen1•. g. Quality or Performance Of Goods ~ Failure To Conform To Statements "Personal and advertising injury• arising oul of lhe failure of goods, products or services to conform wilh any statement of quality or performance made in your "advertisement". HG0001 0916 h. Wrong Description Of Pric&s "Personal and 11dvertisiog injury" arising out of the wrong description of the price of goods, products or services. i. Infringement Of Intellectual Property RightS (1) "Personal and advertising injury" arising out of any actual or alleged infringement or violation e>f any intellectual prope1ty rights such as copyright, paten!, trademark, trade name, trade secret, trade dress, service mark or other designation of origin or authenticity; or (2) Any injury or damage alleged in any clam or "suit" that also alleges an infringement or violation of any intellectual property right, whether such allegation of infringement or violaHon is made by you or by any other party involved in the claim or "sui!", regardless or whether this insurance would otherwise apply. However, this exclusion does not apply if th& only allegation in the claim or "suit" involving any intellectual property right is limited to: (1} lnfiingement, In your "advertisement", of: (a) Copyright; (b) Slogan; or (c) Trlle of any lite1ary or artistic work; or (2) Copying, In your "advertisement'', a person's or orgamzalion's "advertising idea" or style of "advertisement". j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whoso business Is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining conlent of web sites for 0U1ers; or (3) An Internet search, access, content or service provider. However, this exclusion doss not apply lo Paragraphs a., b. and c. of the definitiOn of ''personal and advertising injury" under 1he Definitions Section. For the pur~osas oftl1ls exclusion, the placing of frames, oorders or links, or advertising, for you or others anywhere on Ille Internet, Is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out or an electronio chalroom or bulletin board the Page 7 of 21 44414767 / SOUTHCONl I 2018 GL CAU UMC WCO IM I Clarisa Takai I 9/25/2018 9: 11: 03 AM (PDT) I Page 9 of 35 This certificate cancels and supersedes ALL previously issued certificates. insured hosts, owns, or over which lhe insured exercises conlroL I. Unauthorized Use Of Another's Name Or Product "Personal and adv0I1ising injury" arising out of the ummthorized use of another's name or product in your a-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers. m. Pollution ''Personal and advertising Injury" arising out of tho actual, alleged or threatened discharge, dispersal, seepage, migration, relo.ise or escape of "pollutants" at any time. n. Pollution-Related Any loss, cost or expense arl$ing out of any: j1) Roques1, demand, order or statutory or regulatory requirement that any insured or others tos1 for, monitor, clean up, remove, contain, treat, detoxiry or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or •2) Claim or suit by or on behalf of a governmental authority for damages because of lasting for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", howovtlr caused, arl-;lng, directly or indirectly, out of: 11) War, including undeclared or civil war; (2) Warlike action l>y a military force, including action in hindorlng or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revotutlon, usurped power, or action taken by govemmental authority in hindering or defending against any oflhcse. p. Internet Advartisements And Content Of Others "Personal and advertising injury" arising out of: (1) An ~advertisement• for others on your web site; (2) Placing a link to a web sito of others on your web site: 13) Content, including intorrnalion, sounds, text. graphics, or images from a web site of others displayed wilhin a frame or border on your web site; or Page 8 of 21 (4) Computer code, software or programming used lo enable: (a) Your web site; or (b) The presentation or funclionality of an "advertisement" or other content on your web site. q. Right Of Privacy Created By Statute ''Personal and advertising injurY'' arising out of tho violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply lo liability for damages that the insured would haw in the absence of such slate or federal act. r. Violati1m Of Anti-Trust law "Personal and advertising injury" arising out ot a violation of any anti-trust law. s. Se&urities "Personal and advertising injury" arising out of tho fluctuation in price or value of any stocks, bOnds orolher secur~.les, t. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out or any aclion or omission that violates or is alleged to violate: {1) The Telephone Consumer Prolect10n Act {TCPA), including any amendment of or addition to such law; (2) Ttle CAN-SPAM Act of 2003, including any amendmenl of or addition lo such law; (3) The Fair Crodll Reporting Act (FCRA), and any amendment of or addition to such raw, including the Fair and Accura1e Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, ot11er than the TCPA or CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limtts the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or infomiation. u. Employment-Related Practices "Personal and advertising injury" to: (1) A parson arising out or any "employment- rolated practices"; or {2) The spouse. child, parent. brother or sister ot that person as a consequence of "person..il and advertislng injury" to that person at whom afly ~omployment-relatecJ practices" are d!rnclod. HG 00 01 0916 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM \ Clarisa Takai I 9/25/2018 9:11:0~ AM (PDT) I Page 10 of 35 This certificate cancels and supersedes ALL previously issued certificates. This exclusion applies: (1) Whether tho injury-causing event described in the definition of "employment- related practices" occurs before employment, during employment or after employment ot !hat person; (2) Whether the insured may be liable as an employer or in any other ca pa Git)'; and (3) To any obligation to share damages witll or repay someone olse who must pay damages because of the injury. v. Asbestos (1) "Persona! and advertising injury" alising out oflhe "asbestos hazard". t2) Any damages, judgments, settlements, loss, costs or expenses that (a) May be awardod or incurred by roason of any claim or suit alloglng aclual or threatened injury or damll{le ot any nature or kind to persons or property which would not have occurred 111 whole or in part but for the "asbes1os hazard"; (b) Ar~e out of any request, demand, order or statutory or regulatory requirement !hat any insured or others test for, monitor, clean up, remove, oncapsurate, contain, treat, detoxify or neutralize or in any wsy respond to or assess the effects of an "asbestos t1azard"; or (c) Arise out of any claim or suit tor damages because of testing for, monltoring, cleaning up, removing, encapsulating, containing, traating, detoxifying or neutralizing or in any way respo11ding to or assessing the effects of an "asbestos hazard", w. Access or Disclosure or Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal lnformatiOn, including patents, trade secrets, processing method:., customer lists, flnaI1cial Jnformatlon, credit card information, health information or any other type ot nonpublic information. This exclusion applies even if damages arc claimed for notificalio11 costs, credit monitoring expenses, forensic expenses, public relations expanses or any other loss, cost or expense incurred by you or o1hers ar!si11g out of any access to or disclosure of any person's or organization's con1idenlial or personal information. HG 0001 0916 COVERAGE C MEDICAL PAVMENTS 1, Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: {1 J on premises you own or rent (2) on ways next to premises you own or rent; or (3) Because of your operations; provided that: (11 The accident takes place in tho •coverage territory" and during tho policy period; (2) Tho expenses are incurred and reported to us within three years of the date of the accident; and (3) The Injured person submits lo examination, at our expense. by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fauH. These payments will not exceel.1 1t1e applicable limit of insurance. We will pay reasonable expenses for: (1} First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devicss; and (3) Necessary ambulance, hospital, professional nursing ana tunerat services. 2. Exclusions We will not pay expenses for ffbodily injury": a. Any Insured To any insuied, except •volunteer workers". b. Hired Person To a person hired lo do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person nom1ally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, ii b1mefits for U1e "bOdUy injury" are payable or must be provided undOI' a workers' compensaUon or disability benefits law or a sim~ar law. e. Athletics Activities To a person injured while practicing, instructing or participating lo any physical exercises or games, sports, or athletic contests. Page 9 of 21 44414767 I SOUTHCONl j 2018 GL CAU UMC WCO IM ! Clarisa Takai I 9/25/2018 9:11:03 AM (PDT) I Page 11 of 35 This certificate cancels and supersedes ALL previously issued certificates. f. Products.Completed Operations Hazard Included wijhin the "products-completed operations hazard". g. Coverage A EKclusions E><cluded under Coverage A. SUPPLEMENTARY PAYMENTS -COVERAGES AANDB 1. We will pay, Wit11 respect to any claim we inveslrgate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up lo $1,000 lor cost of bail bonds required bocause of accidents or troffic law violaUons arJSing out of tho use ot any vehicle to which the Bodily lnj.lry Liability Coverage applies. We do not have 10 hirnish these bonds. c. The cost of appeal bonds or bonds to release anact1mEmls, but only for bond amounts within the applicable limit ot insuranc11. W8 do not have to furnish these bonds. d. All reasonable expenses incurred by the insured al our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up lo $500 a day becm1se of time off from work. e. All cot1rt costs taxed against the insured in the "suit". However, such costs do not include attomoys• fees, attorneys' expenses, wilness or expert fees, or any other expenses of a party taxed to the insured. f, Prejudgment Interest awarded against the insured on that pa11 ot the Judgment we pay. It we make an offer to pay tho applicable limit of ins1mrnce, we wlll not pay any prejudgment interest based on !ha! period of lime after the ofter. g. All interest on the full amount of any judgment Iha! accrues afler entry of the judgment and before we have paid, oltered to pay, or deposited in co1.1rt the part of the judgment that ls within the applicable limrt of Insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee ot tile insured is also named as a party to the "suit", we will defend Illa! indomnitee If all of the following condHions are met: a. Tho "suit~ againsl the indemnitee seeks damages for which 1t1e insured has assumed the liability of the indemnilee in a contract or agrucmunt !hat is an "insured conlract": b. This insurance applies to such liability assurnod by the insured; c. The obligation lo defend, or the 00s1 of 1he defense of, that indemnitee, has also beon Page 10 of 21 assumed by the insured in the same "insured contract"; d. Tile allegations in the "suit" and the information we know ab<>ut the "occurrence" ara such that 110 conflict appsars to exist between the Interests of the insured and the interests or the indemnitee: e. Tho indemni1oo and tho Insured ask us lo conduct and control Iha defense of that indemnilee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnilee: and f. The indenmilee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the •suit"; (b) Immediately send us copies of any demands. notices, summonses or legal papers received in conneclion will1 tile 11suit''; (c) Notify any other insurer whose coverage is available to the indemnilea; and {d) Cooperc1l.e with us with respee,'t to coordinating olher applicable lnsurant,'e avallabre to Ille lndemnitee; and (2) Provides us with WfiUen authorization to; (a) Obtain records and other information related to the "suit~; and (b} Conduct and control the defense of the lndomnilee in suc11 "suii-. So long as the above conditions are met, attorneys' fees incurred by us in the defense ol that indemnttee, necessary litigation e.xpenses incurred by us and necessary litigation expenses incurred by the indemnilee at our request will be paid as Supplementary Payments. Nolwithstumllng tile proVlsfons of Paragraph 2.b.(2) of Section I -Coverage A -Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for •t,odily injury" and "property damage" and will not reduce lho limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplsm011tary Payments ellds when: a. We have used up Iha appli~ble limit of insurance In the payment ot judgmen1s or semoments: or b. The conditions set lorlh above, ortha terms of the agreement described in Parograpll f. above, are no longer met HG 00010916 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM I Clarisa Takai I 9/25/2018 9: 11: 0~ AM (PDT) I Page 12 of 35 This certificate cancels and supersedes ALL previously issued certificates. SECTION II -WHO IS AN INSURED 1. If you are designaled In ttie Declarations as: a. An individual, you and your spouse are insureds, but only wi111 respecl to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and t11eir spouses are also insureds, but only with respect to the conduct of your businoss. c. A limiled liability company, you are an insured. Yottr members are also insureds, but only with respect to the conduct of your business. Your managers are insureds. but only with respect to their duties as your managers. d. An organization other than a parlnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, bu1 only with respect to their liability as stockholders. 8. A trust, you are an insured. Your trustees are also Insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while perfonnirlg duties related to the conduct of your business, or your "employees", other lhan either your "executive officers" (if you are an ol'ganizatlon other than a partnership, joint venture or limited liability company) or your managers {if you are a limited liabillty company), but only for acls within the scope of their employment by you or while performing duties related to ths conduct of your business. However, none or these "employees" or •volunteer worke1s" are insureds for: (1) "Bodily injury'' or "personal and adve,tising iniUIY': (a) To you, to your partners or members (if you arc a partnership or join! venture), to your members (If you are a limlted liability company}, lo a co-"employee• while In the course of his or her employmenl or performing duties related to the conduct of your business, or lo your olher "volunteer work.ers" while perfolTTling duties related to lhe conduct of your business; lb) To the spouse, ctiild, parent, brother or sister of that co-"employee" or that HG 00 01 0916 "volunteer worker" as a consequence of Paragraph (1)ta) above; (c) For which tllere is any obligalion to share damages with or repay someone else who must pay damages because of tho injury described In Paragraphs (1 )(a) or (1 )(b) above: or (d) Arising out of his or her providing or failing to provide professional health care services. If you are nol in the business of providing professional health care services: (a) Subparagraphs {1)(a), (1Hb) aml (1)(c) above do nol apply lo any "employee" or "volunteer worker" providing first aid services; and (b) Subparagraph f 1 )(d) above does not apply to any nurse, emergency medical lochnlctan or paramedic employed by you to provide such services. {2) "Property damage" 10 property: (a) owned, occupied or used by, {b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "Volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee• or "volunteer workor"), or any organization while actiflg as your real estate manager. c. Temporary Custodians Of Your Property Any porson or organization having proper temporary custody of your proporly if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Unlil your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. e. Unnamett Subsidiary Any subsidiary, and subsidiary thereof. of yours which is a legally inoorporaled enlity ol which you own a financial interest of more than 50% of the voting stocll. on the effective date of the coverage Part. Page 11 of 21 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM I Clarisa Takai I 9/25/2018 9:11:03 AM (PDT) I Page 13 of 35 This certificate cancels and supersedes ALL previously issued certificates. Tile insuranoe afforded herein for any s1.1bsimary not named in this coverage Part as a named insured docs not apply to injury or damage wilh respect to which such Insured Is aL'io a named insured under another policy or would be a named insurnd under such policy but for its lem1ination or the exliaustion or its limils of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interesl of more than 50% of the voting stock, will qualify as a Named Insured if !here is no 0111er similar insurance available to that organization. However: a. Coverage under this provision is afforded only until llIe 180th day afler you acquire or form the organiz:ation or the ond of the policy period, whichever Is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurreel betore you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertiSing injlry" alising oul of an offense committed before you acquired or formed the organization. 4. Nonowned Watercraft With respecl to wutercratl you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured white operating such watercraft with your permission. Any other person or organization responsible for tho conduct of :rnch person is also an insured, but only with respect to liability arising out of the operation of the walercraff, and only it no other insurance of any kind is available to that porson or org,miialion forthis liability. However, no person or organization iS an insuro<l wiltl respecl to: a. "Bodily injury" to a co-"emptoyee" of 1he person operating the watercraft; or b. "Property damage" lo property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The tollowing person(s) or organizalion(s) are an additional insurod when you have agreo<l, in a written con1ract, written agreement or because of a permit issued by a state or political subdivision, that suGh person or organization be added as an additional insured on your policy, provided ttle injury or damage occurs subsequent to the execution of the conlraci or agreement. Page 12 of 21 A person or organiiatien is ~n additional insured under this prol/ision only tor that period or time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement iSsued by us and made a part of this Coverage Part. a. Vendors Ally person(s) or organization(s) (1afarred to below as vendor), but only with respect 10 "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in Ifie regular course of the vendor's business and only If this Coverage Part provides coverage for "bodily injury" or "property damage" included wilhin the "pmduots-completo<l operations hazard". (1) The insurance afforded the vendor Is subject lo the fo1lowiI1g addibonal exclusions: Tflis insurance does not apply 10: (a) "Bodily Injury" or •property damage• tor which the vendor is obllgaled to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the wndor would have in the absence of the contract or agreement; lb) Any express warro111y unauthorized by you; (c) Any physical or chamical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for lhe purpose of inspection, demonstration, testing, or ihe substilulion of parts under instructions from the manufacturer, and then repackaged in tho original container; (e) Any failure to make such inspections, adjuslments, tests or servicing as tho vendor has agreed to make or nonnally undertakes to make in the usual course of business, in connection with the distribution or sale of !tie products; (f} Demonstration, installation, servicing or repair operations. except such operations performed at the vendor's premises In connection with the sale of the product; (g) Producls which, after distribution or sale by you, have been labeled or relabeled or used as a comainer, part or ingredient or any other thing or substance by or for the vendor; or HG 00 01091G 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM I Clarisa Takai I 9/~5f2018 9:11:03 AM (PDT) I Page 14 of 35 This certificate cancels and supersedes ALL previously issued certificates. (h) "Boclily injury" or "prope~y damage" arising out of tho sole negligence 01 tne vendor for its own acls or omissions or those ot 11s employees or anyone else acting on Its behalf. However, this exclusion does not apply to: (l) Tile exceptions contained in Sub- paragraphs (d} or (fl: or (it) suoh inspections, adjustments, tests or servicing as the vendor has agreed to make or normally umlarlakes lo make in the usual course of business, in connection with the distribulion or sale of the products. 12) This insurance does not apply to any insu,ed person or organization, from whom you have ecquirea such products, or any ingredient, part or container, elrtaring into, accompanying or oonlaining such products. b. Lessors Of Equipment (1) Any person{s) or organiza1ion(s) lrom whom you lease equipmanl; bu! only with rtispe<,1 to their liat:>ility for "bodily injury", "property damage'' or "personal ai~d advertising injury• caused, rn whole or 1n part, by your maintenance, oparation or use of equipment leased to you by such person(s) or organization(s). (2) With respect lo the insurance afforded 1o these additional insureds this insurance does not apply to any •occurrence" which tot-es place after the equipment lease e>q,1res. c. Lessors Of Land Or Premises Any person or organization from whom you lease land or premises, bul only with respect to liabillty arising out of the ownership, maintenance or use of tt1a1 part of the land or premises leased to you. With respect to the Insurance afforded these additional insureds the following additional exclusions apply: Tllis insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations portormod by or on behalf of such parson or organization. d. Architects, Engineers Or Surveyors Any architect, engineer, or surveyor, but only with respect lo liability for "bodily injury", •property damage" or "personal ana advertising injury" caused, In whole or in part, by your acts or omissions or the acts or HG DO 01 0916 omissions or thos-e acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operalions performed by you or on your behalf. Wilh respect to the insurance afforded these addilional insureds, the following additional exclusion applies; This insurance does not apply to "bodily injllry", "property damage• or "personal and advertising injury" arising out of the reoae1ing of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or falling to prepare or approve, maps, shop drawings, opiniOns, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. ihis eKClusion applies ovon if tile clahns against any insured allege negligence or other wrongdoing in the sup01vision, hiring, employment, training or monitoring of others by that insured, if 1ha "occurrence• which caused the "bodily injury" or "property damage•, or the offense wt1ich caused the "porsonal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf tor Which the state or politieal subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily inj,1ry", "property damage'' or "personal and adver1ising injury" arising out of operations perfom1ed for !he state OI' rnunicipalily; or (2) "Bodily injury" or "property damage" included within the "products-completed operations haz<1rd". f. Any Other Party Any other person or organiialion who is not an additional insured under Paragraphs a. 111rough e. above, but only with respect lo liability for "bodily injury". "property damage" or "personal and advertising injury" ~au~ed, in whole or in part, by your acts or om1ss1ons or the acts or e>missions of those acting on your behalf: (1) In the performance or your ongoing operations; Page 13 Of 21 44414767 I SOUTHCONl I 2018 GL CAU UMC wco IM I Clarisa. Takai I 9/~5(2018 9: 11: 03 AM (PDT) I Page 15 of 35 This certificate cancels and supersedes ALL previously issued certificates. (2) In connection with your premises owned by or rontod to you; or (3) tn connection with "your work" and included wilhin !he "producis-completed operations hazard'', but only if (a) The \Vfilton contract or agreement requires you to provide such coverage 10 such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or •property damage" incloded within the "produc1s- compl&ted operalions hazard". However; (1) The insurance afforded to such additional insured only applies to lhe exte11t permitted by law; and (2) Ir coverage provided to the additional Insured Is required by a contract or agreement. the insurance afforded to such additional insured will nol be broadsr than that which you are required by the contract or agreement to provide for such additional insured. Wrth rospoct to t11e insurance afforded to these addilional insureds, this insurance does 1101 apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying servl~s. including: (1} The praparing, approving, or failing to prepare or approve, rnaps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications: or (2) Supervisory, inspe,:,1ion, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in lhe supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal amt advertising injury•, involved the rendering of or the failure to render any professional services by or for you. The limits of insurance that apply lo additional insureds is described in Section Ill • Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is descrit>ed in the Other Insurance Condition in Section IV - Commercial General Liability Conditions. Page 14 of 21 No person or organization is an insured with respecl to the conduct 01 any curron1 or past partnership, joint venture or limited liability company that Is not shown as a Named lns11red in the Declarations. SECTION Ill • LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of lnst1rance shown in !he Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought: or c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products- completect oporations hazard"; and c. Damsges under Coverage B. 3. Products-Completed Operations Aggregate Limit The Products-Completad Operations Aggrega1e Limit is ths most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products- cornpleted operations hazard''. 4. Personal And Advertising Injury Limit Subject to Z. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B ror the sum of all damages because of all "personal and adver1islng injury" sustained by any one person or organization. 6. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, 1he Each Occurrence Limit iS the most we wlll pay for Iha sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury• and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To Vou Limit Subject to 5, above, the Damage To Premisos Rented To You Lirnrt is lhe most we will pay under Coverage A for damages because of "property damage" to any one premises, wt1ile renle<l 10 you, or in the case of damage by fire, lightning or oxploslon. whllo rented to you or temporarily occupied by you with penniss1on of the owner. HG 00 01 0916 4441476'7 I SOUTHCONl I 2018 GL CAU UMC WCO IM I Clarisa Takai I 9/25/2018 9:11:03 AM (PDT) I Page 16 of 35 This certificate cancels and supersedes ALL previously issued certificates. In !he case of damage by lire, lightning or explosion, the Damage to Prarntsas Renteo To You Limit applios to all damage proximately caused by the same event, whether such damage results rrom fire, Ughtning or explosion or any cornoination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of •bodily injury sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or writ.ten agreement that another person or organization be added as an additional insured on your polioy, tile most we will pay on behall of such additional ifisured is the lesser of: a. The limits of insurance specified In the written contract or written agreement, or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition lo Limits ot lns~rance shown in the Declarations and described in this section. Tile Limits of Insurance of this Coverage Par1 apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with !he beginning of the policy period shown in the Declarations, unless the pollcy period is extended afler Issuance for an additional period of less than 12 months. In that case. 1he additional period will be deemed part of the last preoecling period tor purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obl!gations under this Coverage Pa r1. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additl<>nal insured must see to it !hat we are notiliod as soon as practicable of an "occurrence• or an offense which may result in a claim. To the extent possible, notice snould include: (1) How, when and where the "occurrence" or offense took place; (2) Ttle namos and addresses of any injured persons anrl witnesses; and (3} The nature and location of any injury or damage arising out of the ''occurrence" or offense. HG 0001 0916 b. Notice Of Claim Ir a claim is made or "suit'' is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit'' and the date rnceived; and (2) Notify us as soon as practicable. You or any additional insured must see lo it that we rer.eive wrHlen notice of the claim or "suit" as soon as practical:>le. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain reoords and other information; (3) Cooperate with us in the investigation or settlemenl of the ulairn or defense against \hi, "suit"; and (4) Assist us. upon our request, In the enforcement ot any right against any person or organization which may bo liable to tho insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily rnake a payment, assume any oll!igation, or incur any expense, other than for flrsl aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverago Part that may also be covered by other insurance available to an additional insured, such addittone! insured must submit such claim or "suit'' 10 the other Insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or wmten agreement that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a, and b. apply to you or to any additional insured only when such "occurrence", olfense, clalm or •sutt• IS known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or the additional insured is a partnership; Page 15 of 21 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM I Clarisa Takai j 9/25/2018 9:11:03 AM (PDT) I Page 17 of 35 This certificate cancels and supersedes ALL previously issued certificates. (3) Any manager, if you or llrn additional insurea iS a limited liability company; (4) Any "executive otticel"' or insurance manager, if you or the additional insured is a corporation; (5) Any lrustee, if you or the additional insured is u 1rust; or (6) Any elected or appointed official, it you or the additional insured ,s a political subdivision or public entity. This duty applies separalely to you and any additional insured. 3. Legal Action Against Us No person or organization has A right under this Coverage Part: a. To join us as a party or otherwise bring us Into a "suit" asking for damages from an insured; or b. To stie us on this Coverage Part unless all of its terms have been fully coroplied WitfL A person or organization rnay sue us to recover on an agreed settlement or on a final judgment against an insured: but we will not be liable ror damages Iha! are not payable under the tem1s of this coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a setilement and release of liabilily signed by us, lhe lnsur8d and the claimant or lhe cl.limanl's legal representative. 4. Other Insurance If 0U1er valid and collectible insurance !s available to the insured for a loss we cover under Coverages A or B ot this Coverage Part, our obligations are llmited as follows: a. Primary Insurance This insurance is primary except when b. below applies. 1r other insurance is also p1imary, we will s!Jare with all that other insurance by the method doscriboo in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1} YourWork That is Fire, Extended CoveragB, Builder's Risi-, Installation Risk or similar coverage ror "your work"; (2) Premises Rented To You Thal is fire, liglllning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; Page 16 of 21 13} Timant Liability Thul is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If 1he loss arises out or the maintenance or use ot aircran, "autos" or watercraft to the extent not subjec1 to Exclusion g. ot Secl!on I -Coverage A -Bodily Injury And Property Damage Liability; (S) Property Damage To Borrowed Equipment or use Of Elevators If Ifie Joss ariSes oul of "prnperty damage" to borrowed equipmenl or lhe use of elevators lo the extent not subject lo Exclusion j. of Section I • Coverage A - Bodily ln)Jry And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liabilily for damages arising out ot the premises or operations, or products and completed operalions, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to ao additional insured. However, the rollowing provisions apply to other insurance available to any person or organization who is ,m additional insured under lfli~ cowrage part. (a) Primary Insurance When Required By Contract Tl1is insurance is primary if you haw agreed in a written contract or wril1en agreement that this insurance be primary. lf other insurance is also primary, we will share wllh all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non- contributory with the additional insurnd's own insurance, this insurance 1s primary and we will not seek contribution from that other insurance. HG00010918 44414767 [ ~OUTHCONl I 2018 GL CAU UMC WCO IM l ~larisa Takai I 9/25f2018 9:11:03 AM {PDT) I Page 18 of 35 This certificate cancels and supersedes ALL previously issued certificates. Paragraphs ja} and (b) do not apply 10 ottIer insurance to which Iha additional insured has been added as an additional insured. wr1en this insurance is excess, we will havs no duty under Coverogos A or B to dofon<l the insured against any ''suit" if any other Insurer has a duty to defend the insured against that "suit". If no other insurer cJefemJs, we will undertake to do so, but we will oc enhlled to the insured's rights against all ll1ose other insurers. When I.his insurance Is excess over other insurance, we will pay only our share of the amounl or the loss, 1f any, that exceeds 1he sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insuranc-.e; and (2) The to1al of all deductible and self-insured amounts under all that other insurance. We will share 1he remaining toss, if any, with any other insurance that is not described in \his Excess Insurance provision and was not bought specificaOy to apply in excess of the Limns of Insurance shown in the DeclaratIons of this Coverage Part. c. Method Of Sharing If all of lhti other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts un1il it has paid Its applicable limit of Insurance or none of the loss remains. whichever comes first. If any of the other insurance does not permit contribulion by equal sharss, we will contribute by limits. Under this method, each Insurer's share is based on the ratio of its appllcable limit of lnsuranco to tho 1otal applicable limits of insurance of all insurers. 5. Premium Audit a. we will compute all premiums for this Coverage Part in accordance with our rules and ratos. b. Premium shown in this Covoragc Part as advance premium Is a deposit premium only. At the close of each audit period we will compu!e the earned premium for that period and semi notice to tha first Named Insured. The due date tor audit and retrospective pramiums is the date shown as the due dale on tho bill. If the sum of the advance and audit premiums paid for ll1e policy period is greater than the earned premium, we will return the excess to the first Narrn .. '{J Insured. c. Tllf.l first Named Insured rnust keep records of the information we need for premium HG 00 01 0916 computation, and send us copies at such timos as we may request. 6. Representations a. When You Accept This Policy By accepting ltlis policy, you agree: (1) The statements in the Declarations are accuralo and complete; (2) Those statements are based upon representations you made lo us; and (3) We have issued this policy In reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disdose all hazards relallng to !he conduct of your business that exist a1 the inception date of this Coverage Part, we shall not deny coverage under 1his coverage Part because ol such failure. 7. Separation Of Insureds Except witll respecl to the Limlls of Insurance, and any rights or duties specifically assigned io this Coverage Part to the 1irst Named Insured. this insurance applies: a. A.c; if each Named Insured were 1he only Named Insured: and b. Separately to each insured agamst whom claim is made or "suit" is brought. a. Tronsfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If UH:l insured has figl1ls to recover all or part of any payment. Inclt1Cling suppromontary Payments, we have made under this Coverage Part, those rights are lransrerred to us. The insured must do nott1111g after loss to impair them. N. our request, the insured will bring ''suit" or transfer those rights to us and help us enforc:$ lhem. · b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recowry against any person or organization for all or part of any payment, including Supplementary Payments, we have made under !his Coverage Part, we also waive that right, provld eel the insured waiveCI their rights of recovery against such person or organization in a contract, agreement or p,mnit thal was execu1ed prior to lhe injury or damage. 9. Wilen We Do Not Renew If we decide no1 to renew this Coverage Part. we will mail or deliver to the firs! Named Insured shown in the Declarations writ1en notice of the Page 17 of 21 ;14~14767 ! ~OUTHCONl j 2018 GL CAU UMC WCO IM I Clarisa.Takai / 9/25/2018 9:11:03 AM (PDT) I Page 19 of 35 fh1s certificate cancels and supersedes ALL previously issued certificates. nonrenewal not less than 30 days before tile expiration date. If notice is mailed, proof of mailing will be sufficient proof of nolice. SECTION V -DEFINITIONS 1. "Advertisement'' means the widespread public disseminalion of information or images that has me purpose of inducing the sale of goods, products or services ttirough: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However. •oover1isemen1• does not include: a. The design, printed material, information or imagos conlained In, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network, 2. ''Advertising idea" means any idea for an "advertisement•. 3. "Asbestos hazard" means an exposure or threat of exposure to lhe actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4, "Auto" means: a. A land motor vehicle, !railer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle t11a1 is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "aulo" does nol include "mobile equipment''. 5. "Boc.1ily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a parson and, if arising out of the above, mental anguish or death at any time. 6, "Coverage territory" means: a. The United States of America (inCluding its territories and possessions), Puerto Rico and canada; b. International waters or airspace, but only if the injury or damage occurs in the course of trawl or transporlation between ,my places included in a. above: or Page 18 of 21 c, All other parts of the world ir the injury or damaga arises out ot: (1 J Goods or products mado or sold by you m the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. abow, but is away for a short lime on your business; or (3) "Personal and advertising injury" offenses that take place through t11e lnlernet or similar electronic means or communication provided the insured's responsibility to pay damages is determined in the United states of America (including its lerritortes and possessions), Puerto Rico or Canada, in a "suit" on the merits according lo 1he substi.,ntive law in such territory or in a settlement we agree to. 7. "Employee" inclLJdes a "leased worker". "Employee" does nol include a "lemporary worker". 8. ''Employment-Related Practices" means: a. Refusal to employ that person; b. Termination of that person's employment; or c. Employment-related practices, policies. acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, diScrimination or malicious prosecution directed at that pe,son. 9. "Executive officer" moans a person holding any of the officer positions created by your charter, constttulton, oy-laws or any other similar governing document. 10. "Hostile fire" means one wlllch becomes uncontrollable (>r breaks out tram where it was intended to be. 11."lmpaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your workff 1hat is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill lhe terms of a contract or agreement; if such property can be restored to use by the repair, replacement. adjustment or removal of "your product~ or •your work'', or your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A r.ontract tor a lease of premises. However, that portion of !he contract for a lease of premises that indemnifies any person or organization for damage by fire, llghfning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage lo HG 00 010916 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM I Clarisa Takai I 9/25/2018 9:11:03 AM (PDT) I Page 20 of 35 This certificate cancels and supersedes ALL previously issued certificates. Premises Rented To You Limit described in Section Ill • Limits of Insurance: b. A sidetrack agreement: c. Any easement or license agreement, including an easement or license agreement in connection wilh construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as roquirod by ordinance. to indemnify a municipality, except in connection with work 1or a municipality; e. An elevator maintenance agreement; f. That part of any other conlru<.,i or agreement pertaining to your business (including an indemnification of a municipality in oormeclion with work performed for a municipality) under which you assume the tort liabiltty of another pa11y to pay for ''bodily Injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, In whole or in part, by you or by those acting on your b1:1half. Tort liability means a Uabillty that WOLlld be imposed by law in the absence of any contra<,i or agreement. Paragraph f. includes that p1,1rt of any contract or agreement that indemnities a railroad for "bodily injury" or "property damage" ariSing out of construction or demolition operations. within 50 feet or any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing. However, Paragraph f. does not include that pa1t of any contract or agreement (1) That indemnifies an ~rchitect, engineer or surveyor for il1jury or damage artsing out of: {a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, 1ield orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to gi110 them, if that is the primary cause of the injury or damage; or (2) Under which the in.•;ured, if nn archilect, engineer or su1veyor. assumes liability for an inju,y or damage arising out of the insured's rendering or failure to render professional servioes, including those listed in (1) above and supe!Visory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased lo you by a labor leasing llrm under an agreement betwocn you and tho labor leasing firm, lo perfonn duties related lo the conduct of your business. •Leased worker" does not include a "temporary wo~er". HG 00 01 0916 14."Loading or unloading" means the handling of property: a. After it is moved f/'Om 1he place where it is accepted for movement into or onto an aircraft. watercraft or "auto"; b. While it iS in or on an aircraft, watarcratt or "auto"; or c. While It Is being moved from an aircraft, watercraft or "auto" to the place wt1ere it is finally delivered; tlut •ioading or unloading' does not mclude the movement of property by means of a mechanical device, othsr than a hand truck, thal is not attached to the aircralt, watercraft or •·auto". 1 Ii. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment a. Bulldozers. tarm mac11inery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained tor use solely on or next to piemises you owr1 or rent; c. Vehicles that travel on crawler lreads; d. Vehicles. whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resu11acing equipment such as graders, scrapers or rollers: e. Vehicles not described in a., b., c. or d. above that are not self~propelled and are maintained primarily to provide mobility to permanently attached equipment of the tollowing types: (1) Air r,ompressors, pumps and generators, including spraying. welding, building cleaning, geophysica I exploration, lighting and well servicing equipment; or (2) Cherry pickers and simllar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than tho transportation or porsons or cargo. However, self-propelled vehicles with 1he following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipmenl designed primarily for: (a) Snow removal; {bl Road maintenance, bu! not construction or resurfacing; or (c) Street cleaning; Page 19 of 21 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM ! Clarisa Takai I 9/25/2018 9:11:03 AM (PDT) I Page 21 of 35 This certificate cancels and supersedes ALL previously issued certificates. {2) Cherry pickers and similar devices mounted on OUlOITlOllile O I' truc:K CfH.lSSiS and used to raise or lower workers; and (3) Air compressors, pumps and generators, inc:luding spraying, welding, building cleaning, geophysicar exploration, lighting and well servicing equipmenl. However, "mobile equipment" does not Include any land vehicle Iha! is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where ii is licensed or principally garaged. Land vehicles subject 10 a compulsory or linancial rcsponsibllHy law or other motor vehicle insurance law aro considered "autos". 16. "Occurrence" means an accldont, including continuous or repeated exposme lo substanlially the same general harrnful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodlly injury", arising out of one or more of 1he following otrenses: a. False arresl, delen1ion or imprisonment; b, Malicious prosecutkm; c. TM wrongful eviction from, wrongful entry into, or invasion of the right of private occupsncy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of Its owner, landlord or lessor; d. Oral, wrttten or electronic publication, in any manner, of material thal slanders or Iii.leis a person or organization or disparages a person's or organization's goods, products or services; e. Oral, Wfitlon or electronic publication, in any rm.1m1er, of malerial lhal violates a person's rigllt of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising it.lea" or s1yte of "advertisement": or g. Infringement of copyright, slogan, or title of any literary or arlistic work, in your 'advertisement". 13. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, Including smoke. vapor, soot. fumes, acids. alkalis, chemicals and waste. Waste includes materials lo be recycled, reconditioned or reclaimed. 1 l:I. "Prodm;ts-completed operations hazard": a. Includes all "t>odily Injury" and "property damage" occurring away from premises you own or ront .ind arising out ot ''your product" or "your work" except: (1) Products that are still in your physical possession; or Pag& 20 of 21 (2) Wol'k that has not yet boon completed or abandoned. However, "your work" will be deemed completed .it the earliest of the following times: (a) When all or the work called for in your conlracl has been completed, (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. {c) When that part of the work done at a Job site has been put to its intended use by any person or organizatlon o1her than another co11tractor or subcontraclor working on lhe same project Won< that may need service, rnaintenanr.e, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "boclily Injury" or "property damage'' arising out of: (1} The transportatiOn ot property, unless the injury or damage arises out of a condition in or on a vehiGle nol owned or operated by you, and that condition was created by lhe "loading or unloading" of that vehicle by any insured; (2} The exislence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification. Jislod in tho Declarations or in a policy Schedule, states that producls- oompleted operations are suojecl to tile General Aggregate Limit. 20. "Prop<:1rt~ damage" means: a. Physical injJry to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed lo occur al the lime of the physical injury that caused it; or b. Loss ol use ol tangible property that is not physically injured, All such loss of use shall be deemed to occur at the lime of the "occurrence" that caused ii. As used in this definHion, computerized or electronically stored data, programs or software are not tangible property. Electronic data means information, facts or programs: a. Stored as or on; b. Created or used on; or c:. Transmitted lo or from; computer software, including systems and applications software, hard or floppy disks, CD- HG 00 01 0916 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM I Clarisa.Takai I 9/25/2018 9:11:01 AM (PDT) I Page 22 of 35 This certificate cancels and supersedes ALL previously issued certificates. ROMS, !apes, drives, cells, data processing devices or any other medla which are used with 0Iec1ronically controlled equipment. 21. "Suit" means a civil proceeding in Which damages because of ''bodily injury", "property damage'' or "personal and advertising injury" to w!1ich this insurance applies are alleged. "Suit" includes: a. An arbilralio11 proceeding io which such damages are claimed and to which tho insured must submit or does submit with om consent; or b. Any other alternative dispute resolulion proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is rurnislled lo you lo substitute for a permanent "employee" on leave or lo meet seasonal or snort-term workload conditions. 23. "Volunteer worker" means a person who a. Is not yuur "employee•; b. Donates his or her work; c. Acts at tho diroction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your product'': a. Means; P} Any goods or products, other ttlan reaJ property, manufactured, sold, handled, dislributed or d~'iposed of by: (a) You; (bl Others trading under your name; or le) A person or organization whose business or assets you have acquired; and (Z) Conlainers (other than vehicles), materials, parts or equipment furnished in conneciion with such goods or products. b. Includes (1) Warranties or represenlations macla at any limo with respect lo the rnness, quality, durability, performance or use of "your product"; and (2> The providing of or failure to provide warnings or inslructlons. c. Does not include vending machines or other property rentecl to or located for the use of others but not sold. HG 00 010916 25. "Your work": a. Moans: (1) Work or operations pertormed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with SU(,'h work or operalions. b. Includes (1) Warraniies or representations made al any time with respect to the fitness, quality, durability, performance or use of "your work", and (2) The providing of or failure to provide warnings or instruclions. Page 21 of 21 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM I Clarisa Takai j 9/25/2018 9:11:0~ AM (PDT) I Page 23 of 35 Th.1s certificate cancels and supersedes ALL previously issued certificates. 9/25/2018 72UEAPT0574 Southern Contracting Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX 1. Alienated Premises Coverage ......................... . ························· 1 2. Damage To Your Work.. . ....................... . . ......................... 1 3 Contractors Limited Professional Liability ....... . ·····························. 1 4. Per Project and Per Location General Aggregate Limits Of Insurance .... . ................... 2 5. Motor Vehicle Laws ............................................... . . ............................... 3 6. Medical Payments Coverage -Including Products -Completed Operations ................... 3 7. Insured Contract -Construction Operations And Municipal Work ........... . . ................... 3 8. Injury To Employee's Reputation With Respect To Incidental Medical Malpractice ··················3 ······························4 .......................... 4 9. Bodily Injury Employee Suits ................................................................................ . 10. Consolidated Insurance (Wrap-Up) Programs ........................................ . 11. Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability . .... 4 .... 5 .. 6 .6 .6 12. Contractual Liability Coverage For Personal And Advertising Injury 13. Supplementary Payments ............................................................. . 14. Two Or More Coverage Parts Or Policies Issued By Us 15. Notice of Cancellation to Certificate Holders ... 1. ALIENATED PREMISES COVERAGE Exclusion j. Damage To Property of Section I - Coverage A is amended as follows a. The following exception to the exclusion is deleted: Paragraph (2) of this exclusion does not apply if the premises are ''your work" and were never occupied, rented or held for rental by you. b. This exception is replaced by the following Paragraph (2) of this exclusion does not apply if the premises are "your work". 2. DAMAGE TO YOUR WORK Exclusion I. Damage To Your Work of Section I - Coverage A is replaced by the following: I. Damage to Your Work "Property damage" to that particular part of ''your work" out of which damage arises and included in the "products-completed operations hazard". Form HS 24501214 This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. This provision does not apply if exclusion I. Damage To Your Work has been otherwise modified by endorsement. 3. CONTRACTORS LIMITED PROFESSIONAL LIABILITY The following exclusion is added to Paragraph 2., Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability, and to Paragraph 2., Exclusions of Section I - Coverage B -Personal And Advertising Injury Liability: This insurance does not apply to "bodily injury'', "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. Page 1 of 6 © 2014, The Hartford 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM I Clarisa Takai I 9/25/2018 9:11:03 AM (PDT) I Page 24 of 35 This certificate cancels and supersedes ALL previously issued certificates. Professional services include: (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 or inspection activities performed as a part of any related architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor This exclusion does not apply to your operations in connection with construction work performed by you or on your behalf. However, this exception to the exclusion will not apply if you are in the business or profession of providing the professional services described above independent from the construction work performed by you or on your behalf. In the event this insurance applies to any injury, damage, loss, cost or expense covered by Professional Liability insurance issued by a company unaffiliated with us, then the insurance afforded under this Coverage Part is excess over such other valid and collectible Professional Liability insurance (including any deductible or self-insured retention portion thereof), and any other valid and collectible insurance available to the insured whether primary, excess, contingent or on any other basis. 4. PER PROJECT AND PER LOCATION GENERAL AGGREGATE LIMITS OF INSURANCE A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which can be attributed only to ongoing operations at a single "project" or a single "location"; 1. A separate Per Project General Aggregate Limit or a separate Per Location General Aggregate Limit applies to each "project" or "location", whichever is applicable. The Per Project General Aggregate Limit and Per Location Aggregate Limit is equal to the amount of the General Aggregate Limit shown in the Declarations. Page 2 of 6 2. The Per Project General Aggregate Limit or the Per Location General Aggregate Limit, whichever applies, is the most we will pay for the sum of all damages under Coverage A. except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of; a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Per Project General Aggregate Limit for that "project" or the Per Location General Aggregate for that "location", whichever applies. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, the Per Project General Aggregate Limit for any other "project'', or the Per Location General Aggregate Limit for any other "location". 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Per Project General Aggregate Limit if attributable only to ongoing operations at a single "project'' or the Per Location General Aggregate if attributable only to ongoing operations at a single "location". B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I -Coverage A and for all medical expenses caused by accidents under Section I -Coverage C , which cannot be attributed only to ongoing operations at a single "project" or a single ''location''; 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products- Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Per Project General Aggregate Limit or any Per Location General Aggregate Limit Form HS 24501214 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM I Clarisa Takai ) 9/25/2018 9: 11: 03 AM (PDT) I Page 25 of 35 This certificate cancels and supersedes ALL previously issued certificates. C. 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, and not reduce the General Aggregate Limit,or any Per Project General Aggregate Limit or any Per Location General Aggregate Limit. D. The provisions of Section Ill -Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. E. The following is added to Section V - Definitions: "Project" means a premises an insured does not own or rent and where such insured performs construction-related operations. Each "project" involving the same or connecting lots, or premises whose connection is separated by a street, roadway, waterway or right-of-wayrailroad shall be considered a single "project". If a "project'' has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the "project" shall be considered a single "project". "Project" does not include a premises that is a "location" "Location" means a premises an insured owns or rents and where such insured performs business operations other than construction- related operations. Each "location" involving the same or connecting lots, or premises whose connection is separated by a street, roadway, waterway or right-of-way railroad shall be considered a single "location." "Location" does not include a premises that is a "project". This provision does not apply if the Per Project and the Per Location General Aggregate Limit has been otherwise modified by endorsement. 5. MOTOR VEHICLE LAWS The following are added to Section IV - Commercial General Liability Conditions: 1. When this Coverage Part is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the coverage part for Bodily Injury Liability or Property Damage Liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. 2. With respect to "mobile equipment" to which this insurance applies, we will provide any Form HS 24501214 liability, uninsured motorists, underinsured motorists, no-fault or other coverages required by any motor vehicle insurance law. We will provide the required limits for those coverages. 6. MEDICAL PAYMENTS COVERAGE INCLUDING PRODUCTS-COMPLETED OPERATIONS Paragraph 1.a. of the Insuring Agreement - Coverage C is replaced by the following: 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; (3) Because of your operations; or (4) Included within the definition of the "products-completed operations hazard;" provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. 7. INSURED CONTRACT -CONSTRUCTION OPERATIONS AND MUNICIPAL WORK Paragraph d. of the definition of "insured contract" in Section V -Definitions is deleted and replaced by the following: d. An obligation, as required by ordinance, to indemnify a municipality. 8. INJURY TO EMPLOYEE'S REPUTATION WITH RESPECT TO INCIDENTAL MEDICAL MALPRACTICE A. The following is added to paragraph 1.e. of the Insuring Agreement -Coverage A: (3) With respect to incidental medical malpractice, "bodily injury" includes damages claimed for injury to emotions or reputation of an "employee" arising out of the rendering or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic services. Page 3 of 6 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM I Clarisa Takai I 9/25/2018 9:11:03 AM (PDT) I Page 26 of 35 This certificate cancels and supersedes ALL previously issued certificates. B. The following exclusion is added to Coverage B -Personal and Advertising Injury: "Personal and advertising injury arising out of the rendering or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic. 9. BODILY INJURY EMPLOYEE SUITS A. "Bodily injury" as listed in paragraph 2.a.(1) of Section II -Who Is An Insured, does not apply to 2.a.(1 )(a) through 2.a.(1 )(c). B. Part a. of Paragraph 4. Mobile Equipment in Section II -Who Is An Insured does not apply. C. Part a. of Paragraph 5. Nonowned Watercraft in Section II -Who Is An Insured does not apply. 10. CONSOLIDATED INSURANCE (WRAP-UP) PROGRAMS The following exclusion is added to Section I Coverage A: The term project as used in this subparagraph 10. means any construction project subject to a "consolidated insurance (wrap-up) program". This insurance does not apply to any "bodily injury'' or "property damage" arising out of any project or premises where an insured under this policy is also an insured under a commercial general liability (CGL) policy included wrthin a "consolidated insurance (wrap-up) program" This exclusion applies even if the limits of insurance for such "consolidated insurance (wrap-up) program" are exhausted or the CGL coverage afforded under the "consolidated insurance program" is narrower in scope than the coverage provided by this policy. This exclusion does not apply to: A. "Bodily injury" or "property damage" that commences after the "products-completed operations hazard" coverage or any completed operations extension provided by the "consolidated insurance (wrap-up) program" has ended or is no longer in effect. B. "Bodily injury" or "property damage" when an insured under this policy is also an insured under the "consolidated insurance (wrap-up) program", but is performing certain operations that are not included in the "consolidated insurance (wrap-up) program" if the project or premise subject to the "consolidated insurance (wrap-up) program" is endorsed onto this policy. C. "Bodily injury" or "property damage" for which you are solely an additional insured under the "consolidated insurance (wrap-up) program". To the extent that this insurance applies to any "bodily injury" or "property damage" arising out of Page 4 of 6 a project or premises covered by a "consolidated insurance (wrap-up) program" per 10.A., we will apply either the coverage terms of this policy, or the coverage terms of the "consolidated insurance (wrap-up) program", whichever coverage terms are narrower. To the extent that this insurance applies to any "bodily injury" or "property damage" arising out of a project or premises covered by a "consolidated insurance (wrap-up) program", this policy shall be subject to audit for premium based on payroll or construction value associated with operations performed by the insured for the project or on the premises related to the "consolidated insurance (wrap-up) program" pursuant to this policy's premium audit provisions. "Consolidated insurance (wrap-up) program" means any agreement or arrangement under which contractors working on a specified project are insured under one or more CGL policies issued by a specified carrier for injury or damage arising out of operations conducted in connection with or necessary or incidental to the project. 11. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA- RELATED LIABILITY A. Exclusion p. of Section I -Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: p. Access Or Disclosure Of Confidential Or Personal Information And Data- Related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to liability for damages because of "bodily injury". Form HS 24501214 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM I Clarisa Takai I 9/25/2018 9:11:03 AM (PDT) I Page 27 of 35 This certificate cancels and supersedes ALL previously issued certificates. B. The following is added to Paragraph 2. Exclusions of Section I -Coverage B - Personal and Advertising Injury : 2. Exclusion This insurance does not apply to: Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. C. The following paragraph is added to Section Ill -Limits Of Insurance: Subject to Paragraph 5. Each Occurrence Limit, the most we will pay under Coverage A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence" is $100,000, unless modified by endorsement. D. The following definition is added to Section V -Definitions: "Electronic data" means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from; computer software, (including systems and applications software) hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. E. For the purposes of the coverage provided by this provision, the definition of "property damage" in Section V -Definitions is replaced by the following: "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; Form HS 24501214 b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. 12. CONTRACTUAL LIABILITY COVERAGE FOR PERSONAL AND ADVERTISING INJURY A. Exclusion e of Section I -Coverage B - Personal And Advertising Injury Liability is replaced by the following: This insurance does not apply to: e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement.This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "personal and advertising injury" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "personal and advertising injury", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Page 5 of 6 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM I Clarisa Takai I 9/25/2018 9:11:03 AM (PDT) I Page 28 of 35 This cert.if1.cate cancels and supersedes ALL previously issued certificates. B. Subparagraph f. of the definition of "insured contract" (Section V Definitions) is replaced by the following: f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury", "property damage", or "personal and advertising injury" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury", "property damage", or "personal and advertising injury" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. SUPPLEMENTARY PAYMENTS In the Supplementary Payments -Coverages A and B provision: The limit for the cost of bail bonds in increased to $2,500. 14. TWO OR MORE COVERAGE PARTS OR POLICIES ISSUED BY US If this policy and any other policy issued to an insured by us or any affiliated company provides coverage that applies to the same claim or damages, the maximum applicable limit(s) of liability or limit of insurance under all the policies will not exceed the highest applicable limit of liability or limit of insurance under any one policy. This condition does not apply to any policy issued by us or an affiliated company specifically written to apply as excess insurance over this policy. 15. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Page 6 of 6 Form HS 24501214 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM j Clarisa Takai I 9/25/2018 9:11:03 AM (PDT) I Page 29 of 35 This certificate cancels and supersedes ALL previously issued certificates. Southern Contracting Company POLICY NUMBER: 72UEAPT0574 Effective Date: 101112018 9/25/2018 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 The City of Carlsbad, its officials, employees and sec Job No.: 103502 -Underground Utility Repair at volunteers. Levante Street between Ladera Ct and Cumbre CT; 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 © ISO Properties, Inc., 2012 Page 1 of 2 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM I Clarisa Takai I 9/25/2018 9: 11: 03 AM (PDT) I Page 30 of 35 This certificate cancels and supersedes ALL previously issued certificates □ C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: 2. Available under the applicable Limits of Insurance shown in the Declarations; 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 whichever is less. This endorsement shall not applicable Limits of Insurance Declarations. Page 2 of 2 © ISO Properties, Inc., 2012 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM I Clarisa Takai I 9/25/2018 9:11:03 AM (PDT) I Page 31 of 35 This certificate cancels and supersedes ALL previously issued certificates. increase the shown in the CG 20 10 0413 Southern Contracting Company POLICY NUMBER: 72UEAPT0574 9/25/2018 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 Oraanization(s) Location And Description Of Completed Operations The City of Carlsbad, its officials, employees and sec Job No.: 103502 -Underground Utility Repair at volunteers. Levante Street between Ladera Ct and Cumbre CT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement 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 1 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM I Clarisa Takai I 9/25/2018 9:11:03 AM (PDT) I Page 32 of 35 This certificate cancels and supersedes ALL previously issued certificates. Southern Contracting Company 9/25/2018 72UEAPT0696 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. Form IH 0313 0611 If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Page 1 of 1 © 2011, The Hartford 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM I ~larisa. Takai I 9/~5f2018 9: 11: 03 AM (PDT) I Page 33 of 35 This certificate cancels and supersedes ALL previously issued certificates. 9/25/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Policy Number: ?2WEAZR3341 Endorsement Number: Effective Date: 1010112018 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Southern Contracting Company P.O. Box 445 San Marcos CA 92079 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be premium otherwise due on such remuneration. 2 % of the California workers' compensation SCHEDULE Person or Organization ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. Job Description AS REQUIRED BY WRITTEN CONTRACT. ALL CALIFORNIA LOCATIONS. A~ Countersigned by ---------------=------,-Authorized Representative Form WC 04 03 06 Process Date: (1) Printed in U.S.A. Policy Expiration Date: 10/01/2019 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM I Clarisa Takai I 9/25/2018 9:11:03 AM (PDT) I Page 34 of 35 This certificate cancels and supersedes ALL previously issued certificates. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Endorsement Number: Policy Number: 72WEAZR3341 Effective Date:101112018 Named Insured and Address: Effective hour is the same as stated on the Information Page of the policy. Southern Contracting Company P.O. Box 445 San Marcos CA 92079 This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for non-payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. Form WC 99 03 94 Printed in U.S.A. Process Date: 9/25/2018 If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Policy Expiration Date: 101112019 © 2011, The Hartford 44414767 I SOUTHCONl I 2018 GL CAU UMC WCO IM I Clarisa Takai I 9/25/2018 9:11:03 AM (PDT) I Page 35 of 35 This certificate cancels and supersedes ALL previously issued certificates.