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Duthie Electric Service Corporation dba Duthie Power Services; 2022-08-15; PSA23-1918UTIL
DocuSign Envelope ID: B35B61BF-2609-44C8-856A-55FBB599FF4C PSA23-1918UTIL General Counsel Approved Version 6/12/18 1 AGREEMENT FOR GENERATOR PREVENTATIVE MAINTENANCE SERVICES DUTHIE ELECTRIC SERVICE CORPORATION DBA DUTHIE POWER SERVICES THIS AGREEMENT is made and entered into as of the 15th day of August , 2022, by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"), and Duthie Electric Service Corporation, a California corporation, dba Duthie Power Services ("Contractor"). RECITALS A. CMWD requires the professional services of a consultant that is experienced in generator maintenance. B. Contractor has the necessary experience in providing professional services and advice related to generator maintenance. C. Contractor has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The Executive Manager may amend the Agreement to extend it for two (2) additional two (2) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed nineteen thousand one hundred fifty-four dollars and seventy-six cents ($19,154.76). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If CMWD elects to extend the Agreement, the amount shall not exceed nine thousand five hundred seventy-seven dollars and thirty-eight cents ($9,577.38) per Agreement year. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A". DocuSign Envelope ID: B35B61BF-2609-44C8-856A-55FBB599FF4C PSA23-1918UTIL General Counsel Approved Version 6/12/18 2 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CMWD. Contractor will be under control of CMWD only as to the result to be accomplished but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD’s election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CMWD. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CMWD. 9. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. DocuSign Envelope ID: B35B61BF-2609-44C8-856A-55FBB599FF4C PSA23-1918UTIL General Counsel Approved Version 6/12/18 3 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad, their officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys’ fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under their self- administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to 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. 11.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. CMWD, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for CMWD). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 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 CMWD's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. DocuSign Envelope ID: B35B61BF-2609-44C8-856A-55FBB599FF4C PSA23-1918UTIL General Counsel Approved Version 6/12/18 4 11.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD will have the option to declare Contractor in breach or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. CMWD reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CMWD during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. DocuSign Envelope ID: B35B61BF-2609-44C8-856A-55FBB599FF4C PSA23-1918UTIL General Counsel Approved Version 6/12/18 5 16. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD For Contractor Name Andrew Wilson Name Kyle Michael Title Utilities Supervisor Title Sales Engineer Carlsbad Municipal Water District Address 2335 E. Cherry Industrial Circle Address 5950 El Camino Real Long Beach, CA 90805 Carlsbad, CA 92008 Phone 562-743-5540 Phone 760-802-5720 E-mail kyle@duthiepower.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes ☐ No ☒ 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CMWD will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the DocuSign Envelope ID: B35B61BF-2609-44C8-856A-55FBB599FF4C PSA23-1918UTIL General Counsel Approved Version 6/12/18 6 Executive Manager. The Executive Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the Executive Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21 TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD must be asserted as part of the agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CMWD, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, 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 information. If CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. DocuSign Envelope ID: B35B61BF-2609-44C8-856A-55FBB599FF4C PSA23-1918UTIL General Counsel Approved Version 6/12/18 7 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of CMWD, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: B35B61BF-2609-44C8-856A-55FBB599FF4C PSA23-1918UTIL General Counsel Approved Version 6/12/18 8 (sign here) 27. 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 CARLSBAD MUNICIPAL WATER DUTHIE ELECTRIC SERVICE CORPORATION, a California corporation, dba Duthie Power Services DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By: By: Erik Duthie, Vice-President & CFO (print name/title) Vicki Quiram, General Manager, as authorized by the Executive Manager By: (sign here) (print name/title) If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, General Counsel By: Assistant General Counsel DocuSign Envelope ID: B35B61BF-2609-44C8-856A-55FBB599FF4C PSA23-1918UTIL General Counsel Approved Version 6/12/18 9 EXHIBIT “A” SCOPE OF SERVICES Contractor to provide preventative maintenance services for two auxiliary power generators. DESCRIPTION QUANTITY UNIT PRICE EXTENDED PRICE Indoor Cummins, model KTA19G3, 5200 Sunny Creek Rd. 450 KW, Annual PM Service - October 2022 and October 2023 2 $770.96 $1,541.92 Fuel surcharge 2 $12.95 $25.90 ATS transfer test with annual service 2 $120.00 $240.00 Annual 2-hour load test with a quarterly service 2 $850.00 $1,700.00 450 KW, Quarterly PM Service – January/April/July 2023 and January/April/July 2024 6 $280.00 $1,680.00 Fuel surcharge 6 12.95 $77.70 Outdoor portable Doosan, 48kVA (38KW) G50WDO-3A-T4F, 5950 El Camino Real 50 KW annual PM service - October 2022 and October 2023 2 616.67 $1,233.34 Fuel surcharge 2 $12.95 $25.90 Annual 2-hour load test with a quarterly service 2 $550.00 $1,100.00 50 KW, Quarterly PM Service – January/April/July 2023 and January/April/July 2024 6 $255.00 $1,530.00 TWO-YEAR SUBTOTAL $9,154.76 Extra Work – all services needed beyond this listed scope of work REQUIRES a quote and prior approval by CMWD project manager or his designee before proceeding with the work or service. 2 $5,000.00 $10,000.00 TWO-YEAR TOTAL* $19,154.76* *Includes taxes, fees, expenses and all other costs. Notes: CMWD responsible for Contractor’s access to CMWD yard and Maerkle Reservoir sites. DocuSign Envelope ID: B35B61BF-2609-44C8-856A-55FBB599FF4C PSA23-1918UTIL General Counsel Approved Version 6/12/18 10 Notes (Continued): Contractor’s responsibilities: • Warranty(s): one year on labor and Contractor to extend manufacturer’s warranty(s) on materials used. • Safely and responsibly remove hazardous wastes (lube oil, anti-freeze, fuel, etc.) for proper disposal. EPA #CAD981445786 • All inspections include consumables and tax. • Provide detailed service report after each scheduled service. Contractor’s Services: Semi Annual Service (Quarterly or Semiannual) 1. Check fuel and oil levels. Check for leaks. Add oil as required for safe engine operation. 2. Inspect air cleaner elements. Clean as required. Inspect crankcase breathers and note any excessive blow-by. 3. Inspect turbocharger rotation and end play. 4. Inspect hoses for security, brittleness, cracking, leaks and weaknesses. Check all hose clamps and tighten as required. 5. Inspect fan and alternator belts for proper tension and condition. Adjust as required. 6. Inspect day tank, piping, motors and levels. Check for leaks. Service fuel/water separators. 7. Inspect batteries, cables and lugs for tightness. Clean battery and fill cells as required. Record battery cells specific gravities. 1. Check for correct electrolyte level. Record DC voltage power supply. Inspect battery charger. 8. Inspect engine control panel for loose connections. Tighten as required. 9. Inspect jacket water heater for correct operation. 10. Inspect water pump for leaks and/or unusual noises. 11. Inspect governor and engine controls. Inspect controls and linkage for proper operation. Add lube oil as necessary. 12. Test all engine safety shutdown pre-alarms and alarms. 13. Inspect radiator for leaks and clogged fins. Check cooling system anti-freeze and Nalcool protection. Add water as required for safe engine operation. 14. Start engine and warm up. Record operation. Adjust RPM as required. Check for fluid leaks. Check all instruments for proper operation. Annual Service (includes steps listed under Semi Annual Service Plus) 1. Change oil and oil filters at 200 service meter hours or yearly. 2. Take oil sample for analysis. 3. Change fuel filters at 200 service meter hours or yearly. 4. Inspect junction box for loose connections. Tighten as required. 5. Inspect generator brushes for proper setting and clean slip rings. Lubricate generator bearings. 6. Inspect and clean generator exciter and regulator. Check for loose connections. DocuSign Envelope ID: B35B61BF-2609-44C8-856A-55FBB599FF4C PSA23-1918UTIL General Counsel Approved Version 6/12/18 11 VISUAL INSPECTION & ATS TRANSFER TEST • Complete visual inspection or wiring/connections for tracking, overheating and insulation deterioration. • Visually inspect for physical damage, anchorage, and grounding. • Verify NPA is operational (normal power available). • Visually inspect control wiring. • Verify EPA light is operational (emergency power available). • Perform ATS Transfer Test to ensure communication between utility power & ATS. (IF ALLOWED BY FACILITY) • If ATS Test is performed, then verify test light is lit (not present with all ATS) Labor & Mileage Rates: Emergency Service Call Rates • PM Program Customers: $120/hr & $2.00/mile - from 625 Superior St., #A, Escondido, CA 92029. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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 THISCERTIFICATE 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 7/5/2022 IOA Insurance Services130VantisSuite250AlisoViejoCA92656 Elizabeth Leach 949-297-5962 949-297-5960 elizabeth.leach@ioausa.com License#:0E67768 Travelers Property Casualty Company of America 25674 DUTHELE-01 Crum &Forster Specialty Insurance Company 44520DuthieElectricServiceCorpdba:Duthie Power Services2335E.Cherry Industrial CircleLongBeachCA90805 Houston Casualty Company 42374 HSB Specialty Insurance Company 14438 1617153953 A X 1,000,000 X 300,000 5,000 1,000,000 2,000,000 X Y Y Y6302A626927 7/1/2022 7/1/2023 2,000,000 Deductible 0 A 1,000,000 X X X Y Y 8102N3387402114G 7/1/2022 7/1/2023 A X X 15,000,000YCUP3S17641A22NF7/1/2022Y 7/1/2023 15,000,000 X 10,000 A XYUB7K4755032114G7/1/2022 7/1/2023 1,000,000 1,000,000 1,000,000 BCD ContractorsPollutionContractorsProfessionalCyber PKC111856HCC2168107660810502 7/1/20227/1/20223/15/2022 7/1/20237/1/20233/15/2023 Occurence/AggregateEachClaim/AggregateEachClaim/Aggregate $3,000,000$1,000,000$2,000,000 The certificate holder(s)is/are included as an additional insured(s)with respects to General Liability for On-going and Completed Operations as per policy formCGD6040219andAutoLiabilityasperpolicyformCAT3530215;General Liability and Auto Liability are Primary and Non-Contributory as per policy formsCGT1000219andCA00011013;Waiver of Subrogation applies to General Liability as per policy form CG D4 58 02 19,Auto Liability as per policy form CAT3530215andWorkersCompensationasperpolicyformWC990376;Additional Insured and Waiver of Subrogation applies to Umbrella Liability only asrequiredbywrittencontract;Umbrella Liability follows form.Per Project Aggregate Endorsement policy form CG D3 21 01 04 is provided as required by awrittencontract;All coverage is only applicable as required by written contract. Contractors PollutionSeeAttached... City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O.Box 947MurrietaCA92564 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: DUTHELE-01 1 1 IOA Insurance Services Duthie Electric Service Corp dba:Duthie Power Services2335E.Cherry Industrial CircleLongBeachCA90805 25 CERTIFICATE OF LIABILITY INSURANCE $10,000 Deductible *Contractors Professional (Claims Made)$10,000 Each Claim Deductible COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED – AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION II – WHO IS AN (a)The Additional Insured – Owners, Les- INSURED:sees or Contractors – Scheduled Person or Organization endorsement CG 20 10Any person or organization that:07 04 or CG 20 10 04 13, the Additionala.You agree in a written contract or agreement to Insured – Owners, Lessees or Contrac-include as an additional insured on this Coverage tors – Completed Operations endorse-Part; and ment CG 20 37 07 04 or CG 20 37 04 13,b.Has not been added as an additional insured for or both of such endorsements with eitherthe same project by attachment of an endorse-of those edition dates; orment under this Coverage Part which includes (b)Either or both of the following: the Addi-such person or organization in the endorsement's tional Insured – Owners, Lessees or Con-schedule;tractors – Scheduled Person Or Organi-is an insured, but:zation endorsement CG 20 10, or the Ad- ditional Insured – Owners, Lessees ora.Only with respect to liability for "bodily injury" or Contractors – Completed Operations en-"property damage" that occurs, or for "personal dorsement CG 20 37, without an editioninjury" caused by an offense that is committed, date of such endorsement specified;subsequent to the signing of that contract or agreement and while that part of the contract or the person or organization is an additional in-agreement is in effect; and sured only if the injury or damage is caused, in whole or in part, by acts or omissions ofb.Only as described in Paragraph (1),(2)or (3)be- you or your subcontractor in the performancelow, whichever applies: of "your work" to which the written contract or(1)If the written contract or agreement specifical-agreement applies; orly requires you to provide additional insured (3)If neither Paragraph (1)nor (2)above applies:coverage to that person or organization by the use of:(a)The person or organization is an addi- tional insured only if, and to the extent(a)The Additional Insured – Owners, Les- that, the injury or damage is caused bysees or Contractors – (Form B) endorse- acts or omissions of you or your subcon-ment CG 20 10 11 85; or tractor in the performance of "your work"(b)Either or both of the following: the Addi-to which the written contract or agree-tional Insured – Owners, Lessees or Con-ment applies; andtractors – Scheduled Person Or Organi- (b)Such person or organization does notzation endorsement CG 20 10 10 01, or qualify as an additional insured with re-the Additional Insured – Owners, Lessees spect to the independent acts or omis-or Contractors – Completed Operations sions of such person or organization.endorsement CG 20 37 10 01; The insurance provided to such additional insured isthe person or organization is an additional in- subject to the following provisions:sured only if the injury or damage arises out of "your work" to which the written contract or a.If the Limits of Insurance of this Coverage Partagreement applies;shown in the Declarations exceed the minimum (2)If the written contract or agreement specifical-limits required by the written contract or agree- ly requires you to provide additional insured ment, the insurance provided to the additional in-coverage to that person or organization by sured will be limited to such minimum requiredthe use of:limits. For the purposes of determining whether CG D6 04 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 1 of 2Do not attach this form to a policy. It is for informational use only.POLICY NUMBER: Y6302A626927 COMMERCIAL GENERAL LIABILITY this limitation applies, the minimum limits required result in a claim. To the extent possible, such by the written contract or agreement will be con- notice should include: sidered to include the minimum limits of any Um-(a)How, when and where the "occurrence"brella or Excess liability coverage required for the or offense took place;additional insured by that written contract or (b)The names and addresses of any injuredagreement. This provision will not increase the persons and witnesses; andlimits of insurance described in Section III – Limits (c)The nature and location of any injury orOf Insurance.damage arising out of the "occurrence" orb.The insurance provided to such additional insured offense.does not apply to: (2)If a claim is made or "suit" is brought against(1)Any "bodily injury", "property damage" or the additional insured:"personal injury" arising out of the providing, (a)Immediately record the specifics of theor failure to provide, any professional archi-claim or "suit" and the date received; andtectural, engineering or surveying services, including:(b)Notify us as soon as practicable and see to it that we receive written notice of the(a)The preparing, approving, or failing to claim or "suit" as soon as practicable.prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or-(3)Immediately send us copies of all legal pa- ders or change orders, or the preparing, pers received in connection with the claim or approving, or failing to prepare or ap- "suit", cooperate with us in the investigation prove, drawings and specifications; and or settlement of the claim or defense against the "suit", and otherwise comply with all policy(b)Supervisory, inspection, architectural or conditions.engineering activities. (4)Tender the defense and indemnity of any(2)Any "bodily injury" or "property damage" claim or "suit" to any provider of other insur-caused by "your work" and included in the ance which would cover such additional in-"products-completed operations hazard" un- sured for a loss we cover. However, this con-less the written contract or agreement specifi- cally requires you to provide such coverage dition does not affect whether the insurance for that additional insured during the policy provided to such additional insured is primary period.to other insurance available to such additional insured which covers that person or organiza-c.The additional insured must comply with the fol- tion as a named insured as described in Par-lowing duties: agraph 4., Other Insurance, of Section IV –(1)Give us written notice as soon as practicable Commercial General Liability Conditions.of an "occurrence" or an offense which may Page 2 of 2 ú 2017 The Travelers Indemnity Company. All rights reserved.CG D6 04 02 19Do not attach this form to a policy. It is for informational use only. COMM RCI L G NERAL IAB LI YEAELIT T IS ENDORSEMENT CHANGES T E POLICY. PL ASE READ IT CAREFULLY.H H E XTEND ENDORSEMENT FOR MANUFACTURERS AND WHOLESA ERSL Thi e dorseme t m d fie i surance prov ded under he f l o ing:s n n o i s n i t o l w COMM RCI L G NERAL IAB LI Y COVERAG PA TEAELITER GE ERAL D SCRIP ION O CO ERAGENETFV –Thi endorsem nt broa ens cov rage.Howev r,cov rage fo anysedeeer i ju y,dama e o me i al ex ense descri ed in any o the provnrgrdcpsbfi ion o th s e dorseme t may bssfinne or l m ted by anothe endorsem n to this Cov rage Pa t, and the e coviireterse age broa ening prov sions do no apply tordit the ex en tha cov rage is ex l ded or lim ted by such an entttecuidorsem n . The fo lo ing li ti g i a getlwsnseneral cov rage de cript o only Read al the prov sion o thi enesin.l i s f s dorsem n and the re t o pol cy e t s f i to de erm ne righ s, dutie , and wha s and i not ov red.t i t s t i s c e A.Wh I An Insured –Unnam d Subsid arieoseis H.Bla ket Addit onal Insured –Gov rnme talnien En it e –Pe m t Or Au ho iza ions Re ati g TotisristrtlnB.Wh Is An In ured –Em loy es And Vol nteerospeu Ope atio srnWokrs–Bodily Injury To Co Emplo ee Andre-y s I.Bla ket Additio al In ured –Grantors OfnnsCoVolnteer o ke s-u W r r F an hi ercssC.Wh Is An In ured –Newly Acqui ed Or Fo medosrr J.In i ental Med cal Mal racti ecdipcLiied Liabil ty ompaniemtiCs K.Med cal Paym nts –In rea ed Lim tiecsiD.Bla ket Addi ional Insured –Broad For Vendo sntmr L.Blan et Wa v r f ubrogationkieOSE.Bla ket Addi ional Insured –Cont ol i g ntere tntrlnIs M.Co tra tua iabil ty –Rai roadnclLilsF.Bla ket Addi ional Insured –Mortgagee ,n t s Assi nee , Su ce so s O ece v rsgscsrrRie G.Bla ket Addit onal Insured –Gov rnme talnien E t t e –Pe m t Or Au ho iza ions Re ati g Toniisristrtln Prem seis P O ISIONRVS a.Be o e you ma ntai ed an ownership intere tfrinsAWHIS AN INSU ED –UNNAMED.O R o mo e than 50% i such ub idiary;orfrnssSUBSDIARIESI The fol owing is ad ed told SE TION II –WHO IS bC.Af e the date, i any duri g the poli y periodtrf,n c that yo no longer ma ntain a ownershipuinANINSURED: i tere t o m re than 50% n such subsi ia ynsfoidr.Any o you subsidia ie , ot er than a partne shipfrrshr or joint v nture that is not shown a a Nam de,s e Fo purpose o Pa agraphrsfr 1.o Se tionfc II –WhoIsured i the eclara ion i a am d Insured i :n n D t s s N e f Is An Insured ea h such subsidiary wil be,c la.Y u are the so e owner o ,o m in ai anolfratn deem d to e de ignated in the Declarat on a :e b s i s sownership intere t o more than 50% in,suchsf a.A im ted l ab l ty company;l i i i isubsidiayonthefist day o the pol cy periodrrfi; and b.An o ganizat on o he than a pa tnership,jo ntritrrib.Su h subsidiary i not an in ured undecssr v nture or l m ted liab l ty company;oreiiiisiilaoher nsuran e.m r t i c c.A rust;tNosuchsubsidiaryiainsuredfo"bodily inju ysnrr" a indi a ed in i s nam o the docum n s thasctterettor"property dama e"tha o curred, o "perso algtcrn gov rn it stru ture.e s cand a v rt sing i ju y"caused by an o fe sedeinrfn com i ted:m t CG 4 58 02 19D ©Pa e 1 o 5gf2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission excluded carefullyyour COMM RCI L G NERAL IAB LI YEAELIT B WH IS AN INSURED –EMPLO EES AND.O Y a.A im ted l ab l ty company;l i i i iVOUNER O KERS –BODI Y IN URY TLTEWRLJO b.An organiza ion o her than a pa tnership,t ,t rCOEMPLOEESAND CO VO UN E R-Y -L T E jo n v nture or li i ed l abi i y com any;i t e m t i l t pWOKERSRorThe fol o ing is added to Paragraphlw 2.a.(1)of c.A rust;tSETINII–WHO I AN INSUREDCOS: a indi a ed i its name or the do um ntssctncePaagaphsrr(1)(a),(b)and (c)abov do not ap lyep that gov rn t structure.e i sto"bodi y injury to a co "em loyee while in thel"-p " cour e o he co "em loyee s"em loy en by yousft-p 'p m t D B ANKET ADDIT ONAL IN URED –B OAD.L I S Ror pe fo m ng dutie re a ed to the conduct o yourrrisltf F RM VENDO SORbuines, o to "bodily i ju y to your othessrnr"r The fol owing is ad ed told SE TION II –WHO ISC"v luntee worke s"while dutieorrs AN INSU EDR:re a ed to the conduct o yo r busine s.l t f u s Any perso o organ zat on that i a v ndor annriisedC.WH IS AN INSURED –N WLY ACQU REDOEI that y u hav agree in a wri ten co tra t ooedtncrOFOMEDLIMITEIABILTCOPANIESRRDLIYMageeent to a an addi ional insured onrmstThe fo lowing repla e Pa agraphlcsr 3.of SECTI NO th s Cov rage Part i a in ured, but only wi hiesnstII–WHO I AN IN U EDSSR:re pe t to lia il ty fo "bodily injury or "prope tyscbir"r 3.Any o gani at on y u newly a qui e or fo mrziocrr,dama e thatg": ot er than a partnershi or joi t v nture anhpne,d a.Occurs subse uent to the signing o thatqfowhih yo a e the so e owner o in whi hfcurlrc cont a t or ag eem nt; andrcreyu ma nta n an owne ship intere t o moreoiirsf b.Ari e out o "y ur products"that aressfothan50%, wi l quali y a a Nam d Insured iflfse di trib ted o so d in the regular course osurlfthee i no othe sim la i surance av ilable torsrirna such v ndor'busine s.e s sthatorganizaio. owev r:t n H e The insurance prov ded to such v ndor is subje tieca.Cov rage unde thi prov sion is a fo dedersifr to the o lowing prov sion :f l i sonyl: a.The lim t o in urance prov ded to suchisfsi(1)Unt l the 180th day a ter you a quireifc v ndor wil be the m nim m li i s tha y ueliumttoor fo m the organi ation o the end orzrf to prov de in the writ en cont a t oitrcrthepolcyperiodwhihevris earl er,i ,c e i o the lim t shown in therisiyu do not report such o ganizat oforin i writ ng to us wi hin 180 days a tenitfr y u a quire o fo m i ; oocrrtr b.The in urance prov ded to such v ndor doesies no ap ly o:t p t(2)Un il the end o the pol cy periodtfi, when that date is late than 180 dayrs (1)Any ex ress warranty no authorized byptater y u a qui e or for suchfocrm y u or any di tri utio or sa e fo aosbnlrorganiation,i you report suchzf pu po e not authorized by yo ;r s uorganiation in wri ing to us wit izthn (2)Any change i "y u products"m de bynora180 ay a te yo a qui e or o m it;d s f r u c r f r such v ndor;eb.Cov ragee A does not apply to "bodily i ju y"o "property dama e that o currednrrg"c (3)Re a kaging,unle s unpa ked so e y fopcscllr be o e you a qui ed or fo med thefrcrr the purpo e o i spectio , dem n tratio ,s f n n o s n organi ation;andz te tin , o the sub tit tion o part undesgrsufsr i struction fro the m n fa ture , andnsmaucrc.Cov ragee B doe not ap ly to "perso alspn then repackaged in the orig nal containe ;i rand adv rti i g injury ari ing out o aesn"s f n o fe se com i ted be o e y u a qui ed ofnmtfrocrr (4)Any fai ure to ma e such in pect on ,l k s i sfomedthe o ganiza io .r r t n ad ustme t , tests o se v cing ajnsrris v ndors agree to perfo m or no m llyerraFote purpose o Pa agraphrhsfr 1. o Se tiofcn II unde take to pe fo m in the regularrrr–Who Is An Insured each such o gan zat on,r i i cour e o bu ine s, in connectio wi h thesfssntwilbedeeed to be designated in thelm di trib tion or ale o "y ur p oduct ";s u s f o r s Pa e 2 o 5gf ©CG 4 58 02 19D2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission performing agreed agreement, Declarations, whichever are less. include Declarations as: COMM RCI L G NERAL IAB LI YEAELIT l ab l ty a m rtgagee,a signee succe so oiiisos,s r r()5 De o stra ion instal a ion, se v ci g omnt,l t r i n r re e v r fo "bodi y i ju y ,"property dam ge ocierlnr"a "rreaioperatios,ex ept such o e ationsprncpr "pe sonal and adv rti ing i ju y"thatresnr:pe fo med a such v ndor s prem se inrrte'i s connect on with the sale o "y uifor a.Is "bo ily inju y or "prope ty dama e"thatdr"r gprodct"; orus o curs, o i "pe sonal an adv rti ing injurycrsrdes" caused by an o f n e that is com it ed,f e s m t()6 "Yo r product "that a te di tribution ous,f r s r subsequent to the si ning o that co tra t ogfncrsale by you, hav bee labeled oenr re a eled or used a a con aine , part o ag ee ent;andlbstrrrm i gred en o any o her thing or sub tancenitfts b.Ari e out o the ownership, m in enance ossfatrbyoron behal o such v ndor.f f e use o the prem se fo whi h that mo tgagee,f i s r c r a signee succe so o re eiv r is requi eds,s r r c e rCovrage under thi p ov sion doe not apply toesris: unde that cont act o ag ee ent to berrrrma.Any pe son o o ganizat on from whom yourrri i clu ed a an a dit onal insured on thisndsdihavacquied"y ur produ ts", or anyeroc Cov rage Parte.i gredien , part or con aine en ering in o,n t t r t t The insurance prov ded to such mo tgagee,i racomanyng o contain ng such produ ts;c p i r i c a signee succe so o re eiv r is subje t to thes,s r r c e cor fo lowi g prov sions:l n ib.Any v ndo fo whi h cov rage a anerrces a.The lim t o in urance prov ded to suchisfsiaddtionalinsuredspeifcalyischeulebyicilsddmrtgagee, a signee,succe so o re eiv rossrrceedosemnt.n r e wil be the m n m m l m t tha y u agreed toliiuiistoEBANKETADDTONALINSUED–.L I I R prov de in the writ en con ra t or agreem nt,i t t c eCONROLNG IN ERE TTLITS or the li i s shown in the m t1.The fo lo ing is added tolw SE TI N II –WHOCO whi hev r are e s.c e l sISANINSURED:b.The i surance prov ded to such person onirAnypeson or o gan zat on that ha fi an ialrriisnc organi ation oe not apply to:z d scontoloyois an i sured wit re pe t torfunhsc (1)Any "bodily inj ry or "property dam geu"a "l ab l ty fo "bodily inj ry ,"property dam geiiiru"a "that occurs, or any "pe sonal andror"pe sonal a d adv rti i g inj ry"that a i ernesnurss adv rti ing inju y ca sed by an o fe seesr"u f nouo:t f that i com it ed,a ter such con ra t osmtftcra.Su h i an ial cont ol orcfncr;ag ee ent s no lon er in e fe t; ormigfcr b.Su h person'or o ganizat on'scsri (2)Any "bodi y inju y ,"property dama e olr"g "rownership,ma ntenance or use ofi "pe sonal and adv rti ing inj ry"ari ingresuspremseleaed o or o cupied by y u.i s s t c o ou o any structural al eratio s, newtftn constru tion o dem li ion ope ationscrotrTheisuranceprovded to such person onir pe fo med by or on behal o suchrrfforganiation does not apply to structuralz m rtgagee,assignee,succe so oosrraleraton, new constr ction or dem li iotisuotn re e v r.c i eoperatios pe fo me by or on behal o suchnrrdff pe son or organizationr.G.B ANKET ADD T ONAL INSURED –L I I GO E N ENT L EN IT ES –P RMIT OVRMATIESR2.The fo lowing is added to Paragraphl 4.ofSETINII–WHO I AN INSU EDCOSR:AU HO I ATI N RELAT N O P EMISETRZOSIGTRS Thi pa agraph does not apply to anysr The fol owing is ad ed told SE TION II –WHO ISC prem se owner,manager or le sor tha haissts AN INSU EDR:fi a cial o trol o yo .n n c n f u Any gov r men al enti y tha ha issued a perm tentttsi F B ANKET ADD T ONAL INSURED –.L I I or aut orizat o wit respe t to prem se ownedhinhcis MO T A E S ASSIGN ES,SU CES O SRGGE,E C S R or o cupied by,o rented o loa ed to,y u ancrrnodOECEIERSRRVthatyoae requi ed by any ordinan e, law,u r r c bu l ing co e o writ en cont a t or ag ee ent toiddrtrcrmThe fol owing is ad ed told SE TION II –WHO ISC i clu e as an a ditio al insured on thi Cov ragenddnseANINSUEDR:an insured, but on y with re pe t to lia il tylscbiAnypeson o o ganiza io tha is a mo tgagee,r r r t n t r fo "bodi y inj ry ,"prope ty dam ge or "perso alrlu"r a "nasigneesuccesoor re eiv r and tha yos,s r c e t u and adv rti ing injury arising out o thees"fhavagreed i a writ en cont a t o agreem nt toentrcre ex stence owne ship,use mai tenance repai ,i ,r ,n ,riclueas an a ditio al insured on thi Cov ragenddnse constru tion,ere tion or remov l o any o theccaffPatis an insured, but only wit re pe t to itsrhsc fo lowi g fo whi h that gov rnme tal enti y halnrcents CG 4 58 02 19D ©Pa e 3 o 5gf2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission Declarations, Part is COMM RCI L G NERAL IAB LI YEAELIT se v ce ", fi st a d o "r i s r i rissuedsuch permit or authorization:advertising Good Sam r tanai si n , awni gs, canopie , cel ar entran e , coalgsnslcs se v ce "to a person,unle s yo are irissun ho es, driv way , ma holes, marquees, hoi tlesns the busine s or o cupat on o prov dinscifig away open ng , sidewalk v ults, e ev tor , streetisalas pro e sional hea th a e serv ce .f s l c r i sbannersodeoraton.r c i s 2.The fo lowi g rep a es the la t paragraph olnlcsfHBANKETADDTONALINSURED–L I I Pa ag aphrr 2..(1)a of SECTI N II –WHO ISOGOENENTL EN IT ES –P RMIT OVRMATIESR AN IN UREDS:AU HO I ATI N RELATIN TO OP R-T R Z O S G E Unle s yo a e in the business or o cupatiosurcnATONISoprovdig pro e sional healt ca e se v ce ,f i n f s h r r i sThe fol owing is ad ed told SE TION II –WHO ISC Pa ag aphsrr (1)a)(,(b),(c)and (d)abov doeANINSUEDR:no apply to "bodily injury arising out ot"f prov din o ai ing o rov deigrfltpiAnygovernmentalentity that has issued a permit : or authoriza ion wit re pe t to ope ationthscrs (a)"Inci ental m di a se v ce "by any odeclrisfpefomedby y u or on your behal and that yorrofu y ur "em loyee "who is a nurseopsarerequired by any o dinance,law, buil ing coderd a sistant,em rgen y m d calseceior written cont act or agreeme t to incl de a anrnus pa am dic,athlet c trai er, audiolog st,r e i n iaddiionalisured on thi Cov rage Pa t is atnsern die i ian, nutri ion st, o cupatio altcticnisured, but only wi h re pe t to liabi i y fo "bodilyntscltr the apist or occupational therapyrijuy,"prope ty dam ge"or "perso al andnr"r a n a sistant,physical therap st o spee h-s i r cadvrtiinginjryariing ou o uch operatio s.e s u "s t f s n la guage pat ologist;ornhTheinuraneprovdedtosuch gov r men alscient (b)F rst ai or "Good Sama itan se v ce "byidrrisenitydoenotapply o:t s t any o yo r "em loyee "o "v lunteerfupsroa.Any "bodi y inju y ,"property dama e olr"g "r worke s", o her than an emp oye ortldr"pe sonal and adv rti ing injury a i ing o t ores"r s u f v lunteer do tor. Any such "em loyee "o c p soperatios perfo m d fo the gov r men alnrerent or "v lu teer wo kers"prov ding o fa l ngonririienityort;to prov de fi st aid or "Good Sama i anirrtb.Any "bodily inj ry or "property dam geu"a "se v ce "during thei work fo yourisrricluedin the "products-co ple edndmt wil be deem d to be a ting wi hi thelectnoperatios hazard .n "sco e o thei em loy ent by y u opfrpmorIBANKETADDTONALINSURED–.L I I pe fo m n dutie rela ed to the co du trrigstncGRANTRS O RAN HIS SOFFCE o yo r busine s.f u s The fol owing is ad ed told SE TION II –WHO ISC 3.The fo lo i g repla e the la t se ten e olwncssncfANINSUEDR:Pa ag aphrr 5.of SE TION III –LIMITS OCFINSUANERC:Any person o o ganizat o tha grants a fra chi errintns to you i an insured, but on y wi h re pe t tosltsc Fo the purpo e o dete m nin therssfriglabltyfo"bodi y i ju y ,"property dam ge"oiiirlnr"a r appl cable Ea h Occurren e Lim t,al relatediccil"pe sonal an adv rti ing injury"a i ing o t ordesrsuf a t or om ssions com i ted i prov di g ocsimtninryur operatio s in the franchi e granted by thaonst fa l n to prov de "inci ental me icaiigiddlpeson or organizationr.se v ce ", fi st a d o "Good Sam r tanrisrirai se v ce "to any one perso wil be dee ed torisnlmIfawriten cont a t o agreem nt ex sts betweetrcrein be one "o currence .c "y u and such addit onal in ured, the l m t ooisiisf i suran e prov ded to such insured wi l be thencil 4.The fo lowi g is a ded tolnd m nim m l m t that you agreed to prov de in the Pa agraphiuiisir 2.,Exclus onis, of SE TION I –CCOERAGE–CO ERAGE A –BODI YVSVLwriten cont a t o agreemen ,o the lim t showntrcrtris INJU Y AND P OP RT DAMAGERREYLABIIYILT:J IN IDEN AL ED CAL ALPRACTI E.C T M I M C Sa e O Ph rmaceu icalslfat1.The fo lo i g rep ace Pa agraphlwnlsr b.o thef "Bo ily inju y or "property dama e"ari ingdr"g sdeiiion o "o cur en e in thefntfcrc" ou o the v ola ion o a penal stat te otfitfurDFINTIONEISSetion:c ordi ance rela i g to the sale ofntnb.An a t o om ssio com i ted i prov dincrinmtnig pharma eut cal co m t ed by,o wit thecismitrhor fa l ng to prov de "incidental me icaiiidl k owledge o co sent o ,the n urednrnfis. Pa e 4 o 5gf ©CG 4 58 02 19D2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission nurse, technician, hours exclusion in the Declarations, whichever are less. COMM RCI L G NERAL IAB LI YEAELIT 5.The fol owing i a ded to thelsd D FIN TION a.E I S $10,00; or0 Se tio :c n b.The am unt shown i the oonf"In i ental m d cal se v ce "m a s:c d e i r i s e n th s Cov rage Part fo Medi al Ex enseiercp Lim t.ia.Med cal surgi al dental laborato y,x rayi,c ,,r - or nur ing se v ce or treatm n , adv ce osrietir L B ANKET WAIVER O SUB O ATION.L F R Gistructionotherelatedfurihig on,r n s n f The fo lowing is a ded to Paragraphld 8.,Tra sfenrfodor bev rages; oroe O Righ s O Rec very Against O hers To Uftfots,b.The furni hing o di pensing o dru s osrsfgr of SE TION IV –CO MERCIAL GENERALCMmdcaldentalosurgialsupplieoei,,r c s r L AB LIT COND T ONIIYIIS:appl a ce .i n s If the insured has a ree in a cont act ogdrr6.The fol o ing i added to Parag aphlwsr 4.b.,ag ee ent to waiv that i sured'righ ormenstfEcess In urancexs, of SE TION IV –C re ov ry against any person o o gan zat on, wecerriiCOMERCILGENRAL LIAB LI YMAEIT waiv our right o e ov ry against such pe son oefrcerrCONDTIONIS:organi ation,but only fo pay ents we ma ezrmk Thi i surance i ex e s ov r any v li ansnscseadd be ause o :c f col e ti le othe in urance whether prim ry,l c b r s ,a a."Bo ily i ju y"o "property dam ge"thatdnrraexes, conti gent o on any other ba is,thatcsnrs o curs; ocriavilabe to any o your "em loy es"fosalfper b."Pe so al and adv rti ing inj ry"ca sed byrnesuu"bo ily injury that ari e out o prov ding od"s s f i r fa l n to prov de "i cidental medi al se an o fe se that i com it ediigincfnsmt;rv ce "i s to any perso to the ex ent not subje t tontc subsequent to the ex cution o the cont a t oefrcrPaagaphrr2.a.1)(o Se tiofcn II –Who Is An ag ee ent.r mInureds.M.CON RACTUAL IABILIT –RAIL OADTLYRSK.MED CAL PA MEN S –INCREASED LI ITIYTM 1.The fol o ing repla e Pa agraphlwcsr c.o thefThe fo lowing repla e Pa agraphlcsr 7.of SECTI NO de i i ion o "insured cont act"i thefntfrnII–L MIT F INSURANCEIISO:D FIN TIONEIS Se tion:c 7.Su je t to Paragraphbc 5.abov ,the Medicael c.Any ea em nt or l cense agreem nt;s e i eExenseLimt is the mo t we will pay undepisr 2.Pa ag aphrr f.1)(o the de init o o "i suredffinfnCovrageeCfoalmeical ex enserldps cont a t"i thercn D FINI IONETS Se tion iscbeauseo"bodily i ju y sustained by anycfnr"de eted.lone erson,and will be he ighe o :p t h r f CG 4 58 02 19D ©Pa e 5 o 5gf2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission Declarations POLICY NUMBER: COMMERCIAL GENERAL LIABILITY ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY TOTAL GENERAL AGGREGATE LIMIT DESIGNATED PROJECT(S)-GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Total General Aggregate Limit: $ Designated Project(s): SCHEDULE (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. The Total General Aggregate Limit stated in the Schedule above is the most we will pay for the sum of all: 1. Medical Expenses under COVERAGE C (SECTION I); 2. Damages under COVERAGE A (SECTION 1), except damages because of "bodily injuryR or Rproperty damage" included in the "products- completed operations hazardR; and 3. Damages under COVERAGE B (SECTION I) regardless of the number of: a. Insureds; b. Claims made or "suits" brought; c. Persons or organizations making claims or bringing "suits"; or d. Designated "projectsR listed in the SCHED- ULE above. B. For all sums which the insured becomes legally obligated to pay as damages caused by Roccur- rencesR under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents un- der COVERAGE C (SECTION 1), which can be at- tributed only to operations at a single designated "project" shown in the Schedule above: 1. A separate Designated Project General Ag- gregate Limit applies to each designated "pro- ject", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. Subject to the Total General Aggregate Limit stated in the Schedule above, the Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of Rbodily injuryR or "property damage" included in the "products-completed operations haz- ard", and for medical expenses under COV- ERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". CG D3 21 01 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2 Y6302A626927 07 01 22 COMMERCIAL GENERAL LIABILITY 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce both the Total General Aggregate Limit stated in the Schedule above, and the Designated Project General Aggregate Limit for that designated "project". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Project General Aggregate Limit for any other designated "project" shown in the Schedule above. 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 Decla- rations, such limits will be subject to both the Total General Aggregate Limit stated in the Schedule above, and the applicable Desig- nated Project General Aggregate Limit. C. For all sums which the insured becomes legally obligated to pay as damages caused by Roccur- rencesR under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents un- der COVERAGE C (SECTION 1), which cannot be attributed only to operations at a single desig- nated "project" shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the Total General Aggregate Limit stated in the Schedule above and the General Aggregate Limit, or the Products-Completed Operations Aggregate Limit, whichever is ap- plicable; and 2. Such payments shall not reduce any Desig- nated Project General Aggregate Limit. As respects this Provision C., the limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Ex- pense continue to apply. D. Part 2. of SECTION Ill -LIMITS OF INSURANCE is deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b. Damages from "occurrencesR under COVERAGE A (SECTION I) and for all medical expenses caused by accidents under COVERAGE C (SECTION I) which cannot be attributed only to operations at a single designated "project" shown in the SCHEDULE above. E. When coverage for liability arising out of the Rproducts-completed operations hazardR is pro- vided, any payments for damages because of Rbodily injury" or Rproperty damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Ag- gregate Limit, and not reduce the Total General Aggregate Limit stated in the Schedule above, the General Aggregate Limit, or the Designated Pro- ject General Aggregate Limit. F. For the purposes of this endorsement the Defini- tions Section is amended by the addition of the following definition: RProject" means an area away from premises owned by or rented to you at which you are per- forming operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each Rproject" that includes premises involving the same or connecting lots, or premises whose con- nection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single "projectR. G. The provisions of LIMITS OF INSURANCE (SECTION Ill) not otherwise modified by this en- dorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, The Travelers Indemnity Company, 2004 CG D3 21 01 04 POLICY NUMBER: 810-2N338740-21-14-G COMMERCIAL AUTO CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 9 of 12 4.Loss Payment – Physical Damage Cover- ages At our option, we may: a.Pay for, repair or replace damaged or sto- len property; b.Return the stolen property, at our ex- pense. We will pay for any damage that results to the "auto" from the theft; or c.Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will in- clude the applicable sales tax for the dam- aged or stolen property. 5.Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B.General Conditions 1.Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2.Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally con- ceals or misrepresents a material fact con- cerning: a.This Coverage Form; b.The covered "auto"; c.Your interest in the covered "auto"; or d.A claim under this Coverage Form. 3.Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the re- vision is effective in your state. 4.No Benefit To Bailee – Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any per- son or organization holding, storing or trans- porting property for a fee regardless of any other provision of this Coverage Form. 5.Other Insurance a.For any covered "auto" you own, this Coverage Form provides primary insur- ance. For any covered "auto" you don't own, the insurance provided by this Cov- erage Form is excess over any other col- lectible insurance. However, while a cov- ered "auto" which is a "trailer" is con- nected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: (1)Excess while it is connected to a mo- tor vehicle you do not own; or (2)Primary while it is connected to a covered "auto" you own. b.For Hired Auto Physical Damage Cover- age, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c.Regardless of the provisions of Para- graph a. above, this Coverage Form's Covered Autos Liability Coverage is pri- mary for any liability assumed under an "insured contract". d.When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6.Premium Audit a.The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy be- gan. We will compute the final premium due when we determine your actual ex- posures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective pre- mium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICYONE TOWER SQUARE DATE OF ISSUE: 06-28-19 ST ASSIGN:Page 1 of 1 HARTFORD CT 06183 ENDORSEMENT WC 99 03 76 ( A) - 001 POLICY NUMBER: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT – CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be mium. 2.00 % of the California workers' compensation pre- Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS 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 Effective Insured Policy No. Endorsement No. Premium Insurance Company Countersigned by Travelers Property Casualty Company of America Duthie Electric Service Corp dba: Duthie Power Services UB-7K475503-21-14-G 07-01-22 UB-7K475503-20-14-G 07-01-22