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HomeMy WebLinkAboutSwanillon Inc dba The Land Stewards; 2021-02-09; PWM21-1384TRANPWM21-1384TRAN Ratification of Contract for Park Dr. Hillside Mitigation Page 1 of 9 City Attorney Approved 1/20/2020 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT RATIFICATION OF CONTRACT FOR PARK DRIVE HILLSIDE MITIGATION This RATIFICATION OF AGREEMENT is entered into as of the ______________ day of _________________________, 2021, but effective as of the 1st day of January, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Swanillon, Inc., a California corporation dba The Land Stewards, whose principal place of business is 455 N. Twin Oaks Valley Rd., San Marcos, CA 92069-1708 (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). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. DocuSign Envelope ID: D83CF17A-65C1-41F3-A01E-58E92B436F46 9th February PWM21-1384TRAN Ratification of Contract for Park Dr. Hillside Mitigation Page 2 of 9 City Attorney Approved 1/20/2020 Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ___________________________________ Print Name: ______John Gentillon__________________ 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. DocuSign Envelope ID: D83CF17A-65C1-41F3-A01E-58E92B436F46 PWM21-1384TRAN Ratification of Contract for Park Dr. Hillside Mitigation Page 3 of 9 City Attorney Approved 1/20/2020 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. 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 agreed to complete the hydro-mulch work on Jan. 21, 2021 and jute-matting on Jan 28, 2021. Completion: Contractor completed work on Jan. 28, 2021. CONTRACTOR’S INFORMATION. Swanillon, Inc. dba The Land Stewards 455 N. Twin Oaks Valley Rd. (name of Contractor) 713340 (street address) San Marcos, CA 92069-1708 (Contractor’s license number) C-27 Landscaping 10/31/21 (city/state/zip) 760-759-2366 (license class. and exp. date) 1000011504 (telephone no.) 760-510-2615 (DIR registration number) 6/30/21 (fax no.) john@thelandstewards.com (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// DocuSign Envelope ID: D83CF17A-65C1-41F3-A01E-58E92B436F46 PWM21-1384TRAN Ratification of Contract for Park Dr. Hillside Mitigation Page 4 of 9 City Attorney Approved 1/20/2020 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 SWANILLON, INC., a California corporation dba THE LAND STEWARDS CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) John Gentillon, President Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name/title) By: (sign here) Leysa Gentillon, Secretary & Treasurer (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: D83CF17A-65C1-41F3-A01E-58E92B436F46 PWM21-1384TRAN Ratification of Contract for Park Dr. Hillside Mitigation Page 5 of 9 City Attorney Approved 1/20/2020 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract NONE Total % Subcontracted: 0% The Contractor must perform no less than fifty percent (50%) of the work with its own forces. DocuSign Envelope ID: D83CF17A-65C1-41F3-A01E-58E92B436F46 PWM21-1384TRAN Ratification of Contract for Park Dr. Hillside Mitigation Page 6 of 9 City Attorney Approved 1/20/2020 EXHIBIT B Ratification of Contract for Park Drive Hillside Mitigation In response to the local emergency declared by the City Manager on Jan. 21, 2021, Contractor agrees to provide all equipment, labor and material required to apply at least 2.5 acres worth of 3500lbs/acre of 100% biodegradable/non-toxic, Rainier Fiber hydro-mulch with bonding fiber matrix, non-seed mix, (or equivalent - see Exhibit C), to the hillside impacted by the Jan. 20, 2021 brush fire, located at the 4600 block of Park Dr. in Carslbad, (see location map, Exhibit D). Work to include installation of 450 linnear feet (by 4 feet) of Contractor provided, staked-in jute-matting along the entire fire break. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 SF 10,890 Hydro-mulch $10,345.50 2 LS 1 Light tower $250.00 3 LS 1 Truck $110.00 4 LS 1 Jute-matting on fire break $1,215.00 TOTAL* $11,920.50 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: D83CF17A-65C1-41F3-A01E-58E92B436F46 PWM21-1384TRAN Ratification of Contract for Park Dr. Hillside Mitigation Page 7 of 9 City Attorney Approved 1/20/2020 EXHIBIT C Hydro-mulch with Bonding Fiber Matrix Product DocuSign Envelope ID: D83CF17A-65C1-41F3-A01E-58E92B436F46 PWM21-1384TRAN Ratification of Contract for Park Dr. Hillside Mitigation Page 8 of 9 City Attorney Approved 1/20/2020 EXHIBIT C Hydro-mulch with Bonding Fiber Matrix Product DocuSign Envelope ID: D83CF17A-65C1-41F3-A01E-58E92B436F46 PWM21-1384TRAN Ratification of Contract for Park Dr. Hillside Mitigation Page 9 of 9 City Attorney Approved 1/20/2020 EXHIBIT D Location Map D DocuSign Envelope ID: D83CF17A-65C1-41F3-A01E-58E92B436F46 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 2/5/2021 License # 0C32169 (619) 937-0164 (619) 937-0168 26620 Swanillon Inc. DBA: The Land Stewards Sand Bags Anytime 455 North Twin Oaks Valley Rd San Marcos, CA 92069 23434 34630 1 A 2,000,000 X X EMP1900135602 8/12/2020 8/12/2021 100,000 10,000 2,000,000 2,000,000 2,000,000 1,000,000B X X A0153533001 8/12/2020 8/12/2021 C X SWWC245390 2/15/2021 2/15/2022 1,000,000 1,000,000 1,000,000 A Pollution Liability EMP1900135602 8/12/2020 Each Condition 1,000,000 A Professional Liab EMP1900135602 8/12/2020 8/12/2021 Each Claim 2,000,000 RE: PARK D 4600 BLOCK - HCC JOB #21002 - EL CAMINO REAL BRIDGE IMPROVEMENTS AT CANNON ROAD CONTRACT #6042/6056 - CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED PER FORM CG2010 AND CG2037 ATTACHED. PRIMARY AND NON-CONTRIBUTORY WORDING APPLIES. AUTO ADDITIONAL INSURED APPLIES PER ENDORSEMENT ATTACHED. (agp) CITY OF CARLSBAD/CMWD C/O EXIGIS INSURANCE COMPLIANCE SERVICES P.O. BOX 4668 - ECM #35050 NEW YORK, NY 10163-4668 SWANINC-02 RBRISTOL Rancho Mesa Insurance Services, Inc. 250 Riverview Parkway Santee, CA 92071 Axis Surplus Insurance Company Middlesex Insurance Company Oak River Insurance Company 2 X 8/12/2021 X X X X X X CG 20 10 07 04 Policy Number: COMMERCIALGENERAL LIABILITY CG 20 10 07 04 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 Any person(s) or organization(s) whom the NamedInsured agrees, in a written contract, to name as an Additional insured. However, this status exists only for the project specified in that contract. As required by written contract. 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) ororganization(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. B. With respect to the insurance afforded to these additional insureds, the following additionalexclusions 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, onthe project (other than service, maintenance or repairs) to be performed by or on behalf of theadditional 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 itsintended 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. EMP1900135602 Policy number: COMMERCIALGENERAL LIABILITY CG 20 37 07 04 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 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s):Location And Description Of Completed Operations Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. As required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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". CG 20 37 07 04 © ISO Properties, Inc., 2004 EMP1900135602 PGI EL 020 0210 Page 1 of 1 PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This endorsement changes the Policy. Please read it carefully. SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory status of this insurance. However, this status exists only for the project specified in that contract. In consideration of the premium charged, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non-contributory to this insurance. POLICY NUMBER: EMP1900135602 CG 24 04 10 93 Insurance Services Office, Inc., 1992 COMMERCIALGENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person(s) or organization(s) to whom the Named Insured agrees, in a written contract, to provide a waiver of subrogation. However, this status exists only for the project specified in that contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV – COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. POLICY NUMBER: EMP1900135602 COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: Any project when the Named Insured agrees, in a written contract, to provide a separate Designated Construction Project General Aggregate Limit. However, this status exists only for the project specified in that contract. In no event shall the Aggregate Limit of Insurance provided by this endorsement exceed $5,000,000 in total. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A.For all sums which the insured becomes legallyobligated to pay as damages caused by “occurrences” under COVERAGE A (SECTIONI), and for all medical expenses caused by acci- dents under COVERAGE C (SECTION I), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1.A separate Designated Construction ProjectGeneral Aggregate Limit applies to eachdesignated construction project, and that limitis equal to the amount of the General Aggre- gate Limit shown in the Declarations. 2.The Designated Construction Project GeneralAggregate Limit is the most we will pay forthe sum of all damages under COVERAGEA, except damages because of “bodily injury”or “property damage” included in the“products-completed operations hazard”, andfor medical expenses under COVERAGE Cregardless of the number of: a.Insureds; b.Claims made or “suits” brought; or c.Persons or organizations making claimsor bringing “suits”. 3.Any payments made under COVERAGE Afor damages or under COVERAGE C formedical expenses shall reduce the Desig-nated Construction Project General Aggre-gate Limit for that designated constructionproject. Such payments shall not reduce theGeneral Aggregate Limit shown in the Decla- rations nor shall they reduce any other Des- ignated Construction Project General Aggre- gate Limit for any other designated construc- tion project shown in the Schedule above. 4.The limits shown in the Declarations for EachOccurrence, Fire Damage and Medical Ex-pense continue to apply. However, instead ofbeing subject to the General Aggregate Limitshown in the Declarations, such limits will besubject to the applicable Designated Con-struction Project General Aggregate Limit. B.For all sums which the insured becomes legallyobligated to pay as damages caused by“occurrences” under COVERAGE A (SECTIONI), and for all medical expenses caused by acci- dents under COVERAGE C (SECTION I), whichcannot be attributed only to ongoing operationsat a single designated construction project shownin the Schedule above: 1.Any payments made under COVERAGE Afor damages or under COVERAGE C formedical expenses shall reduce the amountavailable under the General Aggregate Limitor the Products-Completed Operations Ag-gregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Desig- nated Construction Project General Aggre-gate Limit. C.When coverage for liability arising out of the“products-completed operations hazard” is pro-vided, any payments for damages because of“bodily injury” or “property damage” included inthe “products-completed operations hazard” willreduce the Products-Completed Operations Ag-gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated ConstructionProject General Aggregate Limit. CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 POLICY NUMBER: EMP1900135602 D.If the applicable designated construction projecthas been abandoned, delayed, or abandonedand then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the projectwill still be deemed to be the same constructionproject. E.The provisions of Limits Of Insurance (SECTIONIII) not otherwise modified by this endorsementshall continue to apply as stipulated. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1996 CG 25 03 03 97 POLICY NUMBER: SCHEDULE COMMERCIAL AUTO CA 76 01 06 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - PRIMARY AND NONCONTRIBUTORY - COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated. Named Insured:Swanillon Inc Endorsement Effective Date:08/12/2020 Name Of Person(s) Or Organization(s): Any person or organization you are required to add as an additional insured under a written contract or agreement in effect prior to any accident, injury, loss or damage. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in: (1)Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms; or (2)Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. B.Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other auto insurance issued to the person or organization in the schedule under your policy provided that: (1)The person or organization is a Named Insured under such other insurance; and (2)Prior to the “accident” you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the person or organization. Includes copyrighted material of Insurance Services Office, Inc., with its permission. A0153533001 Page 1 of 1CA 76 01 06 15 08/05/2020A0153533 Middlesex Insurance Company 00001 0000000000 20218 0 N1 8c107796-89b5-4382-8d76-724a472983e88c107796-89b5-4382-8d76-724a472983e8 Named Insured: Endorsement Effective Date: Name(s) Of Person(s) Or Organization(s): POLICY NUMBER: A0153533001 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. SCHEDULE Any person or organization from whom you are required to waive your right to recover under a written contract or agreement in effect prior to any loss or damage. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. © Insurance Services Office, Inc., 2011 Swanillon Inc 08/12/2020 Page 1 of 1CA 04 44 10 13 08/05/2020A0153533 Middlesex Insurance Company 00001 0000000000 20218 0 N1 419b0768-b406-4e60-9566-98df5e60cd48419b0768-b406-4e60-9566-98df5e60cd48 Endorsement Effective: Policy No.: Insured: WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10 C (Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manualpremium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculatedcharge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver – Any person or organization for whom the Named Insured hasagreed by written contract to furnish this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement No.: Premium $ Insurance Company: WC 99 04 10 C Countersigned by ______________________________________ (Ed. 01-19) Job Description All CA Operations Oak River Insurance Company SWWC245390 Waiver Premium (prior to adjustments)1220.0 02/15/2021