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Nu Line Technologies LLC; 2021-11-16; PWM22-1679UTIL
DocuSign Envelope ID: B2EAF1EC-0F35-4A52-911E-D54F131FDEF9 PWM22~ 1679UTI L CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT PIPELINE REHABILITATION SERVICES FOR SEWER MAIN 30D-12 TO 30D-19 ON PALOMAR AIRPORT RD.NARROW DR. This agreement is made on the 16th day of November 2021, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Nu Line Technologies, LLC, a California limited liability company, whose principal place of business is 102 Second Street, Suite B, Encinitas, CA 92024 (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 Contfclct 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: Jesse Castaneda (City Project Manager) WAGE RA TES.· The general prevailing rate of wages for each craft or type of w~rker 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 perfonnance 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. Pipeline Rehab Services on Sewer Main 30D-12 to 30D-19 on PAR & Yarrow Dr. Page 1 of 8 City Attorney Approved 1/22/2020 PWM22-1679UTI L 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: REQUIRED INSURANCE. The successful contractor all 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. Pipeline Rehab Services on Sewer Main 30D-12 to 30D-19 on PAR & Yarrow Dr. Page 2 of 8 City Attorney Approved 1/22/2020 PWM22-1679UTIL 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 fourteen (14 )working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within fourteen (14) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. /II /II /II /II /II /II /II Nu Line Technologies, LLC (name of Contractor) 997520 (Contractor's license number) A-10/31/20 (license class. and exp. date) 1000003808 (DIR registration number) 6/30/2022 (DIR registration exp. date) Pipeline Rehab Services on Sewer Main 30D-12 to 30D-19 on PAR & Yarrow Dr. Page 3 of 8 102 Second Street, Suite B ( street address) Encinitas, CA 92024 (city/state/zip) 760-634-5153 (telephone no.) 760-634-6780 (fax no.) fdurazo@nulinetech.net (e-mail address) City Attorney Approved 1/22/2020 PWM22-1679UTIL 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: 0% The Contractor must perform no less than fifty percent (50%) of the work with its own forces. Pipeline Rehab Services on Sewer Main 30D-12 to 30D-19 on PAR & Yarrow Dr. Page 5 of 8 City Attorney Approved 1/22/2020 ITEM NO. 1 2 3 4 PWM22-1679UTIL EXHIBIT B Pipeline Rehabilitation Services for Sewer Main 30D-12 to 30D-19 on Palomar Airport Rd./Yarrow Dr. JOB QUOTATION UNIT QTY DESCRIPTION UNIT PRICE PRICE LF 422 CLEAN 8" SANITARY SEWER $5.50 $2,321.J0 LF 422 PRE-CCTV INSPECTION $2.50 $1,055.:J0 LF 422 8-IN SANITARY SEWER REHABILITATION $52.00 $21,944.D0 EA 1 LATERAL REINSTATEMENT $200.00 $200.D0 TOTAL* $25,520.00 *Includes taxes, fees, expenses and all other c;:osts. *All work shall be performed in accordance with the City of Carlsbad's Engineering Standards and the 2018 Standard Specifications for Public Works Construction (Greenbook). Pipeline Rehab Services on Sewer Main 30D-12 to 30D-19 on PAR & Yarrow Dr. Page 6 of 8 City Attorney Approved 1/22/2020 CORRECTED ORIGINAL PREMIUMISFORCONTRACTTERM BOND NO 2326654 AND IS SUBJECT TO ADJUSTMENT • BASED ON FINAL CONTRACT PRICE PREMIUM: $249.00 PWM22-1679UTIL EXHIBITC LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Nu Line Technologies, LLC, (hereinafter designated as the "Principal"), a Contract for: Pipeline Rehabilitation Services for Sewer Main 30D-12 to 30D-19 on Palomar Airport RdJYarrow Dr. 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, Nu Line Technologies, LLC, as Principal, (hereinafter designated as the "Contractor"), and NORTH AMERICAN SPECIAL TY INSURANCE COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of twenty-five thousand five hundred twenty dollars ($25,520), 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. Pipeline Rehab Services on Sewer Main 300-12 to 300-19 on PAR & Yarrow Dr. Page 7 of8 City Attorney Approved 1/22/2020 Client#: 431842 BURTEPIPEl 1 ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD~ 10/01/2021 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 THI? ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDIJ'IONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollcles may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh & Mclennan Agency llC ~gNJo Extl: lr~.Nol: Marsh & Mclennan Ins. Agency llC 16'!,"J~ss, constructioncerts@marshmma.com PO Box85638 INSURER(S) AFFORDING COVERAGE NAJI:# San Diego, CA 92186 INSURER A : Zurich American Insurance Company 16535 INSURED INSURERB: Nu Line Technologies, LLC INSURERC: 102 Second Street Encinitas, CA 92024 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO:J • INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THl:3 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. INSR TYPE OF INSURANCE ADDL SUBR ,&ahl8~ 11&ahl8~ LIMITS LTR INSR WVD POLICY NUMBER A X COMMERCIAL GENERAL LIABILITY X GlO498722003 ~0/01/2021 10/01/2022 EACH OCCURRENCE $1,000 000 -D CLAIMS-MADE ~ OCCUR ~~~iU?la~J1.ncel -s100,000 X Bl/PD Ded:15000 MED EXP (Any one person) $5,000 - PERSONAL & ADV INJURY $1,000 000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 =l ~PR~ DLoc $2,000,000 POLICY X JECT PRODUCTS -COMP/OP AGG OTHER: $ A AUTOMOBILE LIABILITY X BAP498721803 ~ 10/01/2021 10/01/202A fE~~~~~~if1NGLE LIMIT s1,000,000 X ANYAUTO BODILY INJURY (Per person) $ ~ OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ -X HIRED X NON-OWNED rp~~~~d-z;t~AMAGE $ AUTOS ONLY AUTOS ONLY $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ - EXCESSLIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ A WORKERS COMPENSATION WC447548903 10/01/2021 10/01/202A X l~~~TIITS: I ll?JH· AND EMPLOYERS' LIABILITY y / N s1 000.000 ANY PROPRIETOR/PARTNER/EXECUTIVE[N] E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N N/A . . (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1 000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT s1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, AddiUonal Remarks Schedule, may be attached If more space Is required) City of Carlsbad Is Included as additional insured with respect to General Liability and Auto Liability per the attached endorsement. CERTIFICATE HOLDER CANCELLATION City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVEREC IN 1635 Faraday Ave ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad, CA 92008-0000 AUTHORIZED REPRESENTATIVE I k'~ "m,'1./-e,L.U © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S8790664/M8774890 WSDND INSURED: Nu Line Technologies, LLC POLICY #: GLO498722003 POLICY PERIOD: 1010112021 TO 1010112022 COMMERCIAL GENERAL LIABILITY ---C:G25030509 THIS ENDORSEMENT CHANGES THE POLICY; PLEASE READ IT CAREFULLY. DESIGNATED CON$TRUCT~()N PROJECT($) GENE_RAL AGGREGATE LIMIT This endorsement modifies ,nsur~mce provided undedhe following:- COMMERCIAL GENERAL LIAJ;!ILITY COV!=RAOE PART -SCHEDlJLE Designated Construction Projects:·eIanket as required by written contract and effective during the. pol- Icy period as sta\ed in t~ poi icy d~lar~tiol)s, · · This endorsement appll,es only to your P!VJe~ts away from premises owned ~Y or i'en_ted to you Jor which you have certificates of insurance on fiie atyour office. · · Information reouired to complete this Schedule. if noi shown above will.be shown in the Declarations. A. For all sums wh_ich the insureci becomes .leg9-lly obligated to pay as. damages caused by ~occur~ renc:es" .under Seclion'I-.Coverage-A,·and'fcirall medical expenses causec;t !:)y accidents µnder .$ec_lion I ,.,. Coverage C;, which can ~e cl.ttlibuted only to ongoing operations_ ata sil')gle (:l~signated construction pr9ject s~own in the Sch~ole above: 1. A separate _Designated co.nstrµcii!lil Project General 'Aggregate, Limit applies:to each des• lgnated construct!ori project, and that limiUs equ~I lo the amount of.the General Aggregate limit shown inJhe Dec;lar~tion~. · 2. The.Designated Construction Project General Aggregate limit is the-mostwe will pay for the sµm of all aamag!,ls under Coyerage A, eit- cept damages because of "bodily injury• or "property damage• incluc!ed in the "produc~- compleled operations hazard", and for medi- cal expenses UnderQ<>veragE!·(;: regardle~ of the number of: ~, lnsure<ls; b. Claims ma~e or "suits" brought; or c. Persons. qr organizations making claims or bringing "suits", · 3. Any payments made under Coverage A for damages or under Coverage C for ~edical ~xp~nses shall reduce ·tne Design_a:t~ ,Cori.- struclion Project General Aggregate .Limit for t~at designated cpnstruct_i~:in proj~t-Such· payments shall not reduce the General Ag•· gregate Limit sho~ in the Decla,r~tioris nor $hall they reduce any other Designated Con- struction ·Project General Aggregate .Limit tor any ;oiher' . designated construction C :project shown in th~ Schedule ¢love. ·· 4. The limits.shown in the Declarations for Each Occurrence, Damage,To Pr~ises-R~nted To. You: and Medical Expense continue to apply. ~owelier, instea.d of being subject_ to !he General Aggregate Limit ~hown in the Decla~ rations, such limits_will be subject to tfie appli, cable Designated C:Oristruction P(oj~ct Gen-eral Aggregate Limit. CG25 03 05 09 © insurance Services Office, Inc., 2008 Page1 of2 B. For all sums which ttie insured becomes legally obligate9 to pay as dan:iages caused by "occur- rences" under Section 1.,., Coverage A, and for all med~al ~xp~nses caused ,by accidents under .Section I -Coverage C, •which cannot be attrib,, uted cinly to ongoing 9peratlons at a single dt?S· ignated construction project shown in the Scheds Lile abqve: · · 1. Any paymenti, made .under Coverage (>. for damages or under Coverage C for medical exp~~stis §ilJ!3-II reduce. the amount avai.lable under the General Aggr!:!gate Limit or the Productfcompleled Operations Aggregate ~imit., whichever is applicable; Et.nd 2. Such: payments, shali nof reduce any Desig, nated ,co·nstructiori project General .Aggr~- gate Limit. C. When coverage for ltabiiity .arising out .of the· "pr9ducts-completed qperalions ha:zard" ~ pro- vided, any payments for damages because of "bodily injury" or "prop~rty damage" included in the "produci~-co.mpleted operations hazard" will reduce. the Products-coinplet~d Operati9ns Ag• greg'ate Limit, and not reduce .the General .Ag, g~ate Umit rior. th~-Designated Construction Proj~t G~nerai Aggregate 'qmff. . . D; If the applicable designated construction project has been aqandooe.d, ,d~l~yed, or abandon.ad and then restarted, or if the ·authorized contra:ct- ing parties .. deviate frrirri plans, blueprints, de- ~ign~. specifications qr tirtiet!;lbl~s. the project Will stm be deemed to be the same construction pro- jeet. E. The provisions of Section iii ..,., limits Of insur• ~ncer riot othEirwis_e .. m~C!iflec! DY.this ~nt1ors13mei111 shall continue to apply as stipulated. Page2of a © Insurance S!:!rviqes QHice, Irie., 200a CG25030509 INSURED: Nu Line Technologies, LLC POLICY#: BAP498721803 POLICY PERIOD: 1010112021 TO: 1010112022 Coverage Extension Endorsement ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II -Covered Autos Liability Coverage: The following are also "insureds": !!> a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for ads performed within the scope of employment by you. Any "employee" of yours is also an "insured" wh le operating an ·auto" hired or rented under a contract or agreement in an "employee's" name, with yw r permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A. 1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contrcet or written agreement with you executed prior to any "accident", including those person(s) or organizationCs) directing your work pursuant to such written contract or written agreement with you, provided the "ac_cident" arises out of operations governed by such contract or agreement and only up to the limits required in tne written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Ott-Er Insurance -Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment -Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II -Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $50a a day because of time off from work. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04-J4) Page 1 cf 6 C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II -Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II -Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but aot limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section Ill -Physical Damage Coverage of l'le Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV -Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but mot limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is add_ed to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a coverad "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However; the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: · If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired ai;ad is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage -Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: Includes copyrighted material of Insurance Services Office, Inc., with its pennission. U-CA-424-F CW (04-'f:4) Page 2 Ol 6 (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is proviced for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser ex: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a coverad "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or ottcer documents of value. i (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section Ill -Physical Damage Coverage in the Business Auto Covera~e Form and the Exclusion in Paragraph B.2.c. of Section IV -Physical Damage Coverage in the Motor Carrer Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of tie Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss0 • The most we will pay for such "loss0 to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04-· 4) Page3d6 K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section Ill -Physical Damage Coverage in the Business Auto Coverage Forn and the Exclusion in Paragraph B.4.a. of Section IV -Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage -Comprehensive Coverage -Deductible , The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos -Physical Damage 1. The following is added to Section I -Covered Autos: Temporary Substitute Autos -Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos -Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts ,Jr omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. 0. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" :Jr "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The faiiure of any Includes copyrighted material of Insurance Services Office, Inc., with its pennission. U-CA-424-F CW (04-14) Page 4 o=s agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the· names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, yoJr failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: _ This Condition does not apply to the extent required of you by a written contract, executed prior to a_ny "accident" :,r "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver omy applies to the person or organization designated in the contract. Q. Employee Hired Autos -Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Oth3r Insurance -Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" :::ir elected or appointed official with your permission while being operated within the course and scope of th3t "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was n::::,t provided to us prior to the acceptance of this policy. S. Hired Auto -World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. Includes copyrighted material of Insurance Services Office, Inc., with its pennission. U-CA-424-F CW (04-'14) Page 5 o=s U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II -Covered Auto Liabiliiy Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury'' or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury'' or "prop·erty damage" resulting from the use of reasonable force to protect persons :x property. V. Physical Damage -Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section Ill -Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for is "loss0 • W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" :,r "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the ccst of the replacement "auto", excluding tax, title, license, other fees and any aftennarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternati"fe fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered aauto" is stolen and recovered, we will pay the cost of transport to return the aauto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. Includes copyrighted material of Insurance Services Office, Inc., with its pennission. U-CA-424-F CW (04-·4) Page6d6 INSURED: Nu Line Technologies, LLC POLICY #: GLO498722003 POLICY PERIOD: 1010112021 Additional Insured -Automatic -Owners, Lessees Or Contractors TO 1010112022 • ZURICH" THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Blanket Endorsement. As Required By Written Contract Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. S~tion n -WbP Js_An Jnsuted is,amendect to include as an additional insured any person or organization whom ygu: fare r~uired to add as an '.'idditf_?nal insured on this eo11cy under a written contrac~ or w.ritten agreement~ such ~1'$0l'I or organization is an additional insur only With respect to liability ror "bodily injury", "property damage'' or "'personal and adverti~ing injury• caused, in whole or in part, by: 1. Your acts O'r omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing. operations or "your won<' as included in the IOproducts-compteted operations hazard", which is the subject of the wiiitten contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies. to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to proVide for such additional irt$Ured, B. With respect to. the insurance afforded to these additional Insureds, the following additional exclusicm applies: This insurance does .not apply to: "Bodily injury'', "property damage" or •~personai and advertising injury'' arising out of fhe rendering of, or failure to render, any professional architectural, englneedng or surveying services including; a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders. or drawings and specifications; or b. supervisory, inspection, architectural or engineering activities., This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervi,sion, hiring, employment, training or monitoring or others by that insu~ed. if the "ocourrence" which caused the "bodily injury'' or "property damage''., or the offense which caused the "personal and advertising Injury'', involved the rendering of or the failure to render any professional architectural, engineering or surveying isel\/ices. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV - Commercial General .Llablllfy Conditions: Includes copyrighted maleriill of Insurance Services Office, Inc,, \\1th Its peTMisston, U•GL-117S.F CW (04/1~) Page 1 of2 The additi.onal insured must see to it that: 1.. We are notified as $00n as practicable of an "ocpurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable.; and 3. A request for defense and inderrmlty of the claim or "suit" will . promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to Insurance on which the additional insured is a Named Insured ff the written contract or written agreement requires that this coverage be primary and non-contributory, 0. F'or the purpases of the Qoverage provided by this endorsement: 1. The following ts added to the Other Insurance Condition of Section IV -Commercial General Liability Condition.s: · This ins1.nance is· primary to and will not seek contribution from any other insurance availabl~ to an additional insured provided that a. The additional in.sured i!fl:! Named Insured under such other iO$Utance; and b, ,Wou are-required-by written. contract or wirel'1 agreer.nan thaftf'\is irisurance-Be RrimS:-iy-and not seex '~ntribut_i?n mi_m an.x_~ther ins~rari,ce available to the additional insured/: ~ ~. ·· · ·· · · · · 2. The following p~r.agraph hi added to Paragraph 4.b. of the other Insurance Condition of Section IV -Commerc:ial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis., available to an additional insured, in Which the additional insured on our policy is also covered as: an additional insured on another policy providihg oove~ge for the Sgme "occurrence", offense, claim or "su1t'I. This provision does :not apply to any policy in• which the additional insured i.s a Namoo Insured on such other policy and Where our policy is required by a written contract or written agreement to provide coverage to the additional msurecr pn a primal\/ and non- contributory basis. E.. This 1:1ndorsemelc¢. do~s not apply to an adgitional .insured which has beE:ln a(;l9ed to this policy by an endqrsl\lment showing fhe ad· · insvred in a Schedule of additional insureds, and which endorsement applies specifically to that iaentified ad al Insured, F. With re$pect to 'the ins.urance afforded to the additional insureds under this endorsement, the following is added to Sectlo-n m -Limits Of Insurance: The most we wm pay pn behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2, Ava.ilable under the applical;ite Limits of Insurance shown in the Declarations, whichever is less. This endotsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain uncharged. lncllldes copyrighted material of Insurance Services Office, Inc,. WilhJts pem,issiort U-GL-1175-F CW {04/13) Pag~2of2 INSURED: Nu Line Technologies, LLC POLICY#: GLO498722003 POLICY PERIOD: 1010112021 .Other Insurance Amendment -Primary i.\nd Non-Contributory THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V. Addniss'(lncllilllilg ZIP Code}: Nu Line Technologies, LLC 102 Second Street Encinitas, CA 92024 This erido"rsenierit modifie); irisuraiice pi:Ovj~ed urideflhe: Commerclai Gener.ii Llablllty eovi!rage Part TO: 1010112022 ,t- ZURICH 1. The . following paragraph is ac:tded 10· the Oilier Jnsura-.'ice Condition of Secti,i>n IV -Commerclal General Llablllty Conditions: This ln$uraiice is pi'iinaiy insurance. to. ·and will not seek corilribution from. arii other insurance available to an •.additional im;ured unqer this policy provided lhat: a. The additional insured is ·a Named Insured under such 0th.er irisurance;:aiid b, ·vou are required· by a writfun .contract or written agreement· that 'ihis insurance would be prim_ary ,and wquld not seefo:iiitributiohfroin,anyl!ilyotheririsuranceavaiiableioihe:additioi1ar'in'si:irEi~1;' '' ' -'' ,' 2. The· following paragraph is added :10 Paragraph 4;b. of _ttie bitier lrisur'ance .Ccindiiion ·of Section IV • .Corrtnierclal General 1,.labillty Conditions: This insurance is excess over: Aii'y of .the other insuran·~. whether primafy, excess; coiitirigent or on.any ·qth~i' ,basis, .available to an addi~oilal insured, in which ttie additional insured on our policy is .also .cov~r~ JIS an .addjiionai :insured or:i afl_olher poifoy providing coyerage for .the same "occurrence", offense; ciai,m or ·~suit'',. This provision ,does noj app)y to ·any policy in which _the addiiional insured is-a Nam~ Insured on such other policy and where .our policy is required by wn~en contract or written agr~eme~t lei provide coverage to the additional insured on a priri1aiy and non-oon'tributory basis:, ' ' ' ' All other terms ~d conditions of this polic~ remain unchanged. lf!?Jdes copyrigl)ted matertal of lnsura~.c~ Services Office, i,nc._ with its·pennission. lJ.GL-1327,B CW (04/13) Page 1 of1