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Patterson Brothers Lighting Inc; 2022-08-22; PWM23-1890TRAN
PWM23-1890TRAN Replacement of Seven Street Lights Page 1 of 13 City Attorney Approved 1/20/2020 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT REPLACEMENT OF SEVEN STREET LIGHTS This agreement is made on the ______________ day of _________________________, 2022, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Patterson Brothers Lighting, Inc., a California corporation whose principal place of business is PO Box 2037, Lakeside, CA 92040 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Matt Paxson (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 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. DocuSign Envelope ID: 9B6AC6AA-4952-47B8-AE09-E3B6DFDE10B0 22nd August DocuSign Envelope ID: 9B6AC6AA-4952-47B8-AE09-E3B6DFDE10B0 PWM23-1890TRAN 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 (5) years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participati in contract bidding. Signature: Print Name: Kyle Patterson REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than ........ $1 ,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1,000,000 Property damage insurance in an amount of not less than ........ $1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that 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. Replacement of Seven Street Lights Page 2 of 13 City Attorney Approved 1/20/2020 PWM23-1890TRAN Replacement of Seven Street Lights Page 3 of 13 City Attorney Approved 1/20/2020 BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys’ fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within thirty (30) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within sixty (60) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. Patterson Brothers Lighting, Inc. Po Box 2037 (name of Contractor) 501334 (street address) Lakeside, CA 92040 (Contractor’s license number) C-10 Electrical 11/30/2022 (city/state/zip) 619-390-2875 (license class. and exp. date) 1000007848 6/30/2024 (telephone no.) Kyle@Pattersonbrotherslighting.com (DIR registration number/exp. date) (e-mail address) /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 9B6AC6AA-4952-47B8-AE09-E3B6DFDE10B0 DocuSign Envelope ID: 9B6AC6AA-4952-47B8-AE09-E3B6DFDE10B0 PWM23-1890TRAN 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 PATTERSON BROTHERS LIGHTING, INC., a California corporation By ~.~~ ~Dk (sign here) Kyle Patterson, President & CFO (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .!LE. corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group B Secretary, Assistant Secretary, Group A Chairman, President, or 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: CELIA A BREWER, City Attorney BY:-----'~'------'----- Assistant City Attorney Replacement of Seven Street Lights Page 4 of 13 City Attorney Approved 1/20/2020 DocuSign Envelope ID: 9B6AC6AA-4952-47B8-AE09-E3B6DFDE10B0 PWM23-1890TRAN EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each subcontractor 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 subcontractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor 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 Total be Subcontracted No. Classification & Contract Expiration Date ~o~~ /Voll'I.~ /Jori~ /Vo/\<... /VO¥'-~ Total% Subcontracted: The Contractor must perform no less than 50% of the work with its own forces. Replacement of Seven Street Lights Page 5 of 13 City Attorney Approved 1/20/2020 PWM23-1890TRAN Replacement of Seven Street Lights Page 6 of 13 City Attorney Approved 1/20/2020 EXHIBIT B Replacement of Seven Street Lights Contractor will provide all labor, equipment and materials (unless otherwise specified) necessary to install seven (7) new streetlight poles in the City of Carlsbad: 1. Madison Street – WO#671299 2. 3060 State Street – WO#671301 3. State Street Roundabout – WO#671305 4. Rancho Santa Fe – WO#671303 5. College Blvd – WO#671300 6. Corte de Nogal – WO#671304 7. 2400 Alga Rd – WO#671302 Madison Street: Cut off four (4) anchor bolts in existing foundation. Core drill and epoxy four (4) new anchor bolts into existing foundation (per specifications in Exhibit D). Provide and place one (1) new 2B2- 24 pole and arm onto new anchor bolts. Pour new foundation cap and return pole to operation with existing power source. City to provide fixture and photocell. 3060 State Street: Provide and place one (1) new VBS04 pole onto an existing foundation. Install existing fixture from damaged pole onto new pole. Pour new foundation cap and return pole to operation. Haul off damaged pole and debris as needed. Provide traffic control as needed. State Street Roundabout: Provide and place one (1) new VBS04 pole and GE post top fixtures onto an existing foundation. Pour new foundation cap and return pole to operation. Haul off debris as needed. Traffic control to be provided by the City of Carlsbad as needed. Rancho Santa Fe: Complete one (1) knockdown on existing foundation. Contractor to provide one (1) new 2B2-26 pole and 8’ aluminum arm. City to provide fixture and photocell. Pour new foundation cap and return pole to operation. Traffic control to be provided by the City of Carlsbad as needed. College Blvd: Complete one (1) knockdown on existing foundation. City to provide fixture and photocell, contractor to provide 26’ pole and 8’ arm. Pour new foundation cap and return to operation. Traffic control to be provided by the City of Carlsbad as needed. Corte de Nogal: Complete one (1) knockdown with contractor supplied 2B2-24 pole and 8’ aluminum arm on an existing foundation. Pour new foundation cap and return pole to operation. Provide minimal traffic control as needed. Alga Rd: Complete one (1) knockdown on existing foundation. City to provide fixture and photocell, contractor to provide 26’ pole and 8’ arm. Pour new foundation cap and return to operation. Traffic control to be provided by the City of Carlsbad as needed. Contractor will return all streetlights to complete working condition. Once each pole is replaced contractor shall replace all foundation caps and remove all form boards. With the exception of the State St roundabout, Rancho Santa Fe, College Blvd, and Alga Rd locations, all required traffic control will be provided by the Contractor in accordance with the latest edition of the California Manual on Uniform Traffic Control Devices (CAMUTCD). All work shall be performed in accordance with the City of Carlsbad’s Engineering Standards, the 2018 Standard Specifications for Public Works Construction (Greenbook), and 2018 Caltrans Standard Plans and Caltrans Specifications. DocuSign Envelope ID: 9B6AC6AA-4952-47B8-AE09-E3B6DFDE10B0 PWM23-1890TRAN Replacement of Seven Street Lights Page 7 of 13 City Attorney Approved 1/20/2020 EXHIBIT B - Continued JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Madison Street $5,250 2 LS 1 3060 State St $6,150 3 LS 1 State Roundabout $8,650 4 LS 1 Rancho Santa Fe $4,250 5 LS 1 College Blvd $4,250 6 LS 1 Corte de Nogal $4,250 7 LS 1 2400 Alga Rd $4,250 TOTAL* $37,050 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 9B6AC6AA-4952-47B8-AE09-E3B6DFDE10B0 PWM23-1890TRAN Replacement of Seven Street Lights Page 8 of 13 City Attorney Approved 1/20/2020 EXHIBIT B - Continued (Site Images) Madison Street 3060 State st DocuSign Envelope ID: 9B6AC6AA-4952-47B8-AE09-E3B6DFDE10B0 PWM23-1890TRAN Replacement of Seven Street Lights Page 9 of 13 City Attorney Approved 1/20/2020 EXHIBIT B - Continued (Site Images) State Roundabout Rancho Santa Fe DocuSign Envelope ID: 9B6AC6AA-4952-47B8-AE09-E3B6DFDE10B0 PWM23-1890TRAN Replacement of Seven Street Lights Page 10 of 13 City Attorney Approved 1/20/2020 EXHIBIT B - Continued (Site Images) College Blvd Corte de Nogal DocuSign Envelope ID: 9B6AC6AA-4952-47B8-AE09-E3B6DFDE10B0 PWM23-1890TRAN Replacement of Seven Street Lights Page 11 of 13 City Attorney Approved 1/20/2020 EXHIBIT B - Continued (Site Images) 2400 Alga Rd DocuSign Envelope ID: 9B6AC6AA-4952-47B8-AE09-E3B6DFDE10B0 2400AI a Rd DocuSign Envelope ID: 9B6AC6AA-4952-47B8-AE09-E3B6DFDE10B0 PWM23-1890TRAN BOND#CIC1925426 EXHIBIT C LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad, State of California, has awarded to Patterson Brothers Lighting, Inc. (hereinafter designated as the "Principal"), a Contract for: REPLACEMENT OF SEVEN STREET LIGHTS 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, Patterson Brothers Lighting , Inc., as Principal, (hereinafter designated as the "Contractor"), and Capitol Indemnity Corporation as Surety, are held firmly bound unto the City of Carlsbad in the sum of thirty-two thousand eight hundred dollars ($37,050), 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. Replacement of Seven Street Lights Page 12 of 13 City Attorney Approved 1/20/2020 DocuSign Envelope ID: 9B6AC6AA-4952-47B8-AE09-E3B6DFDE10B0 PWM23-1890TRAN In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. l Sl,iB\}J,~O AND SEALED, this __ 22_n_ci ____ day of_J_u_l...;..y ___________ , 20_2_2_. _· _pattel'son Brothers Lighting, Inc. (Principal) 1 BY,: __ '4, ~wE (Sig nature) (SEAL) _C_a_p_it_o_l _I n_d_e_m_n_i_ty_C_o_rp_o_r_a_ti_o_n __ (SEAL) (Surety) ~ \-c_ y" ~-(/~~ ~~t- (Name/Title)' Michelle L. (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN- CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: 14 Assistant City Attorney Replacement of Seven Street Lights Page13of13 City Attorney Approved 1/20/2020 DocuSign Envelope ID: 9B6AC6AA-4952-47B8-AE09-E3B6DFDE10B0 ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF Arizona )SS --------------COUNTY OF Maricopa ) On ~ ~ c),~ Miehe~~ before me, Heather Marie Erickson , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of Arizona that the foregoing paragraph is true and correct. HEATHER MARIE ERICKSON NOTARY PUBLIC -ARIZONA MARICOPA COUNTY COMMISSION # 558003 MY COMMISSION EXPIRES JANUARY 06, 2023 his area for omrra-1-nutarrcrrsea . OPTIONAL SECTION -NOT PART OF NOTARY ACKNOWLEDGEMENT CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. D INDIVIDUAL D CORPORATE OFFICER(S) TITLE(S) D PARTNER(S) □ LIMITED [ZJ ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER SIGNER IS REPRESENTING: Name of Person or Entity 0 GENERAL Name of Person or Entity OPTIONAL SECTION -NOT PART OF NOTARY ACKNOWLEDGEMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE DocuSign Envelope ID: 9B6AC6AA-4952-47B8-AE09-E3B6DFDE10B0 CAPITOL INDEMNITY CORPORATION POWER OF ATTORNEY Lock Fields , CIC1925426 Bond Number KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint -----------------MICHAEL D LAPRE; DEBORAH M MCGUCKIN; KEVIN P SHINE; JAREN MARX; ESTEBAN FLORES; R.M. FRIEDIK------------ -----------------YVONNE WEATHERFORD; PHILLIP SIMONS; COLLEEN E. WATSON; ARTYCE JOHNSON; SORNCHAI CHANSILA------------- ---------------------------------BELINDA JOHNSON; MICHAEL SIMONS; MICHELLE L. ELDRIDGE; J.C. SHIVELY----------------------------------------- its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of -------------------------------------------ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED: $2,000,000.00 ------------------------------- This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 15th day of May, 2002. "RESOLVED, that the President, Executive Vice President, Vice President, Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obi igatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attorney(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facs imile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsi mile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is full y understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authori ty hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. IN WIT NESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 1st day of)anuary, 2020. Attest: n1 T f c__ ~'-L Ryan J. Byrnes Senior Vice President, Chief Financial Officer and Treasurer ..5)~-11\~ Suzanne M. Broadbent Assistant Secretary STA TE OF WISCONSIN } COUNTY OF DAN E S.S.: CAPITOL INDEMNITY CORPORATION John L. Sennott, Jr. Chief Executive Officer and President On the 1st day of January, 2020 before me personally came John L. Sennott, Jr., to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is Chief Executive Officer and President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by I ike order. STATE OF WISCONSIN COUNTY OF DANE } S.S.: David J. Regele Notary Publ ic, Dane Co., WI My Commission Is Permanent I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoi ng attached Power of Attorney remains in full force and has not been revoked; and furthermore, th at the Resol ution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City of Middleton, State of Wisconsin this ____ B_t_h ____ day of _______ J_u_ly'-------~ 20 __ 2_.2 ___ . ~~i1rv l_.../ Andrew B. Dia,:-Matc:; Senior Vice President, Genera.! Counsel and Secretary THIS DOCUMENT HAS BEEN GENERA TED FOR A SPECIFIC BOND. IF YOU HA VE ANY QUEST!ONS CONCER.NrNG THE AUTHENTICITY OF THIS DOCUMENT CALL 800-475-4450. 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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 7/7/2022 NFP Prop & Casualty Serv Inc.3636 Nobel DriveSuite 340San Diego CA 92122 Chee Langlois 858-869-8332 858-869-8301 chee.langlois@nfp.com Nationwide Mutual Insurance Company 23787 PATTBRO-01 State Comp Insurance Fund of CA 35076Patterson Brothers Lighting, Inc.P.O. Box 2037Lakeside CA 92040 Colony Insurance Company 39993 Colony Insurance Company 1591682170 C X 1,000,000 X 100,000 5,000 1,000,000 2,000,000 X Y Y 600GL017738802 7/1/2022 7/1/2023 2,000,000 A 1,000,000 X X X Y Y ACP3077201492 7/1/2022 7/1/2023 D X 2,000,000 X XS4265992 7/1/2022 7/1/2023 2,000,000 B XY9136470-2022 7/1/2022 7/1/2023 1,000,000 1,000,000 1,000,000 A Equipment Floater/CoEquipment Floater/Co ACP3077201492 7/1/2022 7/1/2023 Contractor EquipmentInstallation Floater 208,950100,000 Automatic forms apply as required by written contract with the Named Insured. Excess/Umbrella Coverage is Follow Form.Certificate Holder is included as Additional Insured as respects General Liability per written contract, Per form(s) CG2010 (07-04) & CG2037 (07-04) attached.Waiver of subrogation applies as respects workers compensation per the form SCIF Form 10217 (Rev 07-2014) attached City of Carlsbad/CMWDC/O EXIGIS Insurance Compliance ServicesP.O. Box 947Murrieta CA 92564USA ACORD® I ~ I ~ □ □ ~ ~ Fl □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I 02600 GL 0177388- COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations As required by written contract with the Named Insured All locations which are afforded coverage under that is executed by the parties to the contract prior to the this policy. commencement of work that is called for in the contract. Information required to complete this Schedule, if not shown above, will shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 02600 GL 0177388- COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations All persons or organizations as required by written As designated in written contract with the Named contract with the Named Insured Insured, for commercial projects only Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 02600 GL 0177388- COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written contract with the Named Insured that is executed by the parties to the contract prior to the commencement of work that is called for in the contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 02600 GL 0177388- COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL AUTO AC 70 05 03 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PROTECTION - GOLD This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGES A. Effect of This Endorsement B. Newly Acquired or Formed Entities C. Employees as Insureds – Nonowned Autos D. Additional Insured by Contract, Permit or Agreement E. Supplementary Payments – Bail Bonds F. Supplementary Payments – Loss of Earnings G. Personal Effects and Property of Others Extension H. Prejudgment Interest Coverage I. Fellow Employee – Officer, Managers and Supervisors J. Hired Auto Physical Damage K. Temporary Substitute Autos – Physical Damage Coverage L. Expanded Towing Coverage M. Auto Loan or Lease Coverage N. Original Equipment Manufacturer Parts – Leased Private Passenger Types O. Deductible Amendments P. Rental Reimbursement Coverage Q. Expanded Transportation Expense R. Extra Expense – Stolen Autos S. Physical Damage Limit of Insurance T. New Vehicle Replacement Cost U. Physical Damage Coverage Extension V. Transfer of Rights of Recovery Against Others To Us W. Section IV – Business Auto Conditions – Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory Y. Emergency Lock Out Z. Cancellation Condition AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 7 with its permission COMMERCIAL AUTO AC 70 05 03 16 A. EFFECT OF THIS ENDORSEMENT Coverage provided under this policy is modified by the provisions of this endorsement. If there is any conflict between the provisions of this endorsement and the provision(s) of any state- specific endorsement also attached to this poli- cy, then the provision(s) of the state-specific endorsement shall apply instead of the provi- sions of this endorsement that are in conflict, but only to the extent of the conflict, and only to the extent necessary to bring such provisions into conformance with the state requirement(s) contained in the provision(s) of the state-specific endorsement. B. NEWLY ACQUIRED OR FORMED ENTITIES The Named Insured shown in the Declarations is amended to include any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority (more than 50%) interest; if there is no other similar in- surance available to that organization. Coverage under this provision is afforded until the 180th day after you acquire or form the organization or the end of the policy period, whichever is later. C. EMPLOYEES AS INSUREDS – NONOWNED AUTOS The following is added to paragraph A.1. Who Is An Insured of SECTION II – COVERED AUTOS LIABILITY COVERAGE: d. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your per- sonal affairs. D. ADDITIONAL INSURED BY CONTRACT, PERMIT OR AGREEMENT The following is added to A.1. Who Is An In- sured of SECTION II – COVERED AUTOS LIABILITY COVERAGE: Any person or organization that you are re- quired to name as an additional insured in a written contract or agreement that is executed or signed by you prior to a “bodily injury” or “property damage” occurrence is an “insured” for Covered Auto Liability coverage. How- ever, with respect to covered “autos”, such person or organization is an insured only to the extent that person or organization qualifies as an “insured” under A.1. Who is an Insured of SECTION II – COVERED AUTOS LIABILITY COVERAGE: If specifically required by the written contract or agreement referenced in the paragraph above, any coverage provided by this endorsement to an additional insured shall be primary and any other valid and collectible insurance avail- able to the additional insured shall be non- contributory with this insurance. If the written contract does not require this coverage to be primary and the additional insured’s coverage to be non-contributory, then this insurance will be excess over any other valid and collectible insur- ance available to the additional insured. E. SUPPLEMENTARY PAYMENTS – BAIL BONDS Supplementary Payments of SECTION II – COVERED AUTOS LIABILITY COVERAGE is revised as follows: (2) Up to $2,500 for 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. F. SUPPLEMENTARY PAYMENTS – LOSS OF EARNINGS Supplementary Payments of the SECTION II – COVERED AUTOS LIABILITY COVERAGE is revised as follows: (4) All reasonable expenses incurred by the “in- sured” at our request, including actual loss of earnings up to $500 a day because of time off from work. G. PERSONAL EFFECTS AND PROPERTY OF OTHERS EXTENSION 1. The. Care, Custody or Control Exclusion of SECTION II – COVERED AUTOS LIABILITY COVERAGE, does not apply to "property damage" to property, other than your property, up to an amount not exceed- ing $250 in any one "accident". Coverage is excess over any other valid and collectible insurance. 2. The following paragraph is added to A.4. Coverage Extensions of SECTION III – PHYSICAL DAMAGE COVERAGE: c. We will pay up to $500 for your property that is lost or damaged as a result of a covered “loss”, without applying a de- ductible. Coverage is excess over any other valid and collectible insurance. Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. AC 70 05 03 16 with its permission COMMERCIAL AUTO AC 70 05 03 16 H. PREJUDGMENT INTEREST COVERAGE The following paragraph is added to SECTION II – COVERED AUTOS LIABILITY COVERAGE, 2. Coverage Extensions, a. Supplementary Payments: (7) Prejudgment interest awarded against the “insured” on that part of the judgment we pay. If we make an offer to pay the appli- cable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. I. FELLOW EMPLOYEE – OFFICERS, MANAGERS, AND SUPERVISORS The Fellow Employee Exclusion in SECTION II – COVERED AUTOS LIABILITY COVERAGE is replaced as follows; A. "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the con- duct of your business. This exclusion does not apply to an "insured" who occupies a position as an officer, manager, or supervi- sor. J. HIRED AUTO PHYSICAL DAMAGE If covered "auto" designation symbols 1 or 8 ap- ply to Liability Coverage and if at least one "au- to" you own is covered by this policy for Com- prehensive, Specified Causes of Loss, or Colli- sion coverages, then the Physical Damage coverages provided are extended to "autos" you lease, hire, rent or borrow without a driver; and provisions in the Business Auto Coverage Form applicable to Hired Auto Physical Damage apply up to a limit of $100,000. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. Any Compre- hensive deductible does not apply to fire or lightning. K. TEMPORARY SUBSTITUTE AUTOS – PHYSICAL DAMAGE COVERAGE The following is added to paragraph C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I - COVERED AUTOS: If Physical Damage Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Physi- cal Damage Coverage: Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction The coverage that applies is the same as the coverage provided for the vehicle being replaced. L. EXPANDED TOWING COVERAGE 1. We will pay up to: a. $100 for a covered "auto" you own of the private passenger type, or b. $500 for a covered "auto" you own that is not of the private passenger type, for towing and labor costs incurred each time the covered "auto" is disabled. Howev- er, the labor must be performed at the place of disablement. 2. This coverage applies only for an "auto" covered on this policy for Comprehensive or Specified Causes of Loss Coverage and Collision Coverages. 3. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered “auto”. M. AUTO LOAN OR LEASE COVERAGE 1. In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease, including up to a max- imum of $500 for early termination fees or penalties, for your covered "auto" less: a. The amount paid under SECTION III – PHYSICAL DAMAGE COVERAGE of this policy; and b. Any: 1) Overdue lease/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 refunded by a lessor; 4) Costs of extended warranties, Credit Life insurance, Health, Accident, or Disability insurance purchased with the lease; and AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission COMMERCIAL AUTO AC 70 05 03 16 5) Carry-over balances from previous leases. 2. This coverage only applies to a "loss" which is also covered under this policy for Com- prehensive, Specified Causes of Loss, or Collision coverage. 3. Coverage does not apply to any unpaid amount due on a loan for which the covered “auto” is not the sole collateral. N. ORIGINAL EQUIPMENT MANUFACTURER PARTS – LEASED PRIVATE PASSENGER TYPES Under Paragraph C. Limit of Insurance of SECTION III – PHYSICAL DAMAGE COVERAGE, Section 4 is added as follows: 4. We will use new original equipment vehicle manufacturer parts for any private passen- ger type covered “auto” where required by the lease agreement which has a term of at least six months. If a new original equip- ment vehicle manufacturer part is not in pro- duction or distribution we may use a like, kind and quality replacement part. O. DEDUCTIBLE AMENDMENTS The following are added to the Deductible provi- sion of SECTION III – PHYSICAL DAMAGE COVERAGE: If another policy or coverage form that is not an automobile policy or coverage form issued by this company applies to the same “accident”, the following applies: 1. If the deductible under this coverage is the smaller (or smallest) deductible, it will be waived: 2. If the deductible under this coverage is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. If a Comprehensive or Specified Causes of Loss Coverage “loss” from one “accident” involves two or more covered “autos”, only the highest deductible applicable to those coverages will be applied to the “accident,” if the cause of the loss is covered for those vehicles. This provision only applies if you carry Comprehensive or Specified Causes of Loss Coverage for those vehicles, and does not extend coverage to any covered “autos” for which you do not carry such coverage. No deductible applies to glass if the glass is re- paired, in a manner acceptable to us, rather than replaced. P. RENTAL REIMBURSEMENT COVERAGE 1. This coverage applies only to a covered "au- to" for which Physical Damage Coverage is provided on this policy. 2. We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. 3. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. b. The number of days shown in the Schedule. 4. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses incurred. b. $75 for any one day or for a maximum of 30 days. 5. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 6. If "loss" results from the total theft of a cov- ered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement ex- penses which is not already provided for un- der SECTION III – PHYSICAL DAMAGE COVERAGE Coverage Extension. Q. EXPANDED TRANSPORTATION EXPENSE Paragraph A.4.a. of SECTION III – PHYSICAL DAMAGE COVERAGE is replaced by the follow- ing: We will pay up to $50 per day to a maximum of $1500 for temporary transportation expense in- curred by you because of the total theft of a Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc AC 70 05 03 16 with its permission. COMMERCIAL AUTO AC 70 05 03 16 covered "auto" of the private passenger type. We will only pay for those covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage. We will pay for tem- porary transportation expenses incurred during the period beginning 24 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". R. EXTRA EXPENSE – STOLEN AUTOS The following paragraph is added to Coverage Extensions of SECTION III – PHYSICAL DAMAGE COVERAGE: c. We will pay for up to $5,000 for the expense of returning a stolen covered “auto” to you. We will pay only for those covered “autos” for which you carry Comprehensive or Spec- ified Causes of Loss Coverage S. PHYSICAL DAMAGE LIMIT OF INSURANCE Under SECTION III – PHYSICAL DAMAGE COVERAGE, Paragraph C., Limit of Insurance is replaced by the following: C. Limit Of Insurance 1. The most we will pay for “loss” in any one “accident” is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the “loss”, or b. The cost of repairing or replacing the damaged or stolen property. 2. $1500 is the most we will pay for “loss” in any one “accident” to all electronic equip- ment that reproduces, receives or transmits audio, visual or data signals which, at the time of “loss”, is: a. Permanently installed in or upon the covered “auto” in a housing, opening or other location that is not normally used by the “auto” manufacturer for the in- stallation of such equipment. b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or c. An integral part of such equipment. 3. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total “loss”. 4. The cost of repairing or replacing may: a. Be based on an estimate which includes parts furnished by the original equip- ment manufacturer or other sources in- cluding non-original equipment manu- facturers and b. If a repair or replacement results in bet- ter than like kind or quality, we will not pay for the amount of the net improve- ment. 5. If we offer to pay the actual cash value of the damaged or stolen property, we will value auto advertising wraps, paint customi- zation, and similar business related advertis- ing modifications, in addition to the actual cash value of the property. Auto advertising wraps, paint customization, and similar business related advertising modifications will be valued at the cost to replace them with an adjustment made for depreciation and physical condition. T. NEW VEHICLE REPLACEMENT COST The following is added to the Limit of Insurance provision of SECTION III – PHYSICAL DAMAGE COVERAGE: 5. The provisions of paragraphs 1. and 3. do not apply to a covered “auto“ of the private passenger type or a vehicle with a gross vehicle weight rating of 20,000 pounds or less which is a “new vehicle.” In the event of a total “loss” to your new ve- hicle to which this coverage applies, we will pay at your option: a. The verifiable “new vehicle” purchase price you paid for your damaged vehi- cle, not including any insurance or war- ranties purchased; b. If it is available, the purchase price, as negotiated by us, of a “new vehicle” of the same make, model, and equipment or the most similar model available, not including any furnishings, parts, or equipment not installed by the manufac- turer or manufacturers’ dealership; or . c. The market value of your damaged ve- hicle, not including any furnishings, parts, or equipment not installed by the manufacturer or manufacturer’s dealer- ship. We will not pay for initiation or set up costs associated with loans or leases As used in this endorsement, a “new vehicle” means an “auto” of which you are the original owner that has not been previ- AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7 with its permission COMMERCIAL AUTO AC 70 05 03 16 ously titled and which you purchased less than 365 days before the date of the “loss”. U. PHYSICAL DAMAGE COVERAGE EXTENSIONS Under SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, Coverage Exten- sions, b. Loss of Use Expenses is replaced by the following: b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an “insured” be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use ex- penses if caused by: (1) Other than collision 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 provided 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 $50 per day, to a maximum of $1,500. The insurance provided by this provision is excess over any other collectible insurance. V. 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: We waive any right of recovery we may have against any person or organization to the extent required of you by a written con- tract executed prior to any “accident” be- cause of payments we make for damages under this coverage form. W. NOTICE OF AND KNOWLEDGE OF OCCURRENCE SECTION IV – BUSINESS AUTO CONDITIONS, Paragraph A is amended as follows: 6. NOTICE OF AND KNOWLEDGE OF OCCURRENCE a. Your obligation in the Duties in the Event of Accident, Claim, Suit or Loss Condi- tion relative to notification requirements applies only when the “accident” or “loss” is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. b. Your obligation in the. Duties in the Event of Accident, Claim, Suit or Loss Condition relative to providing us with documents concerning a claim or “suit” will not be considered breached unless the breach occurs after such claim or “suit” is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. X. HIRED CAR – COVERAGE TERRITORY Item (5) of the Policy Period, Coverage Territory General Conditions is replaced by the following: (5) Anywhere in the world if a covered “auto” is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and Y. EMERGENCY LOCKOUT We will reimburse you up to $100 for reasonable expense incurred for the services of a locksmith to gain entry into your covered “auto” subject to these provisions: 1. Your door key, electronic key or key entry pad has been lost, stolen or locked in your covered “auto” and you are unable to enter such “auto” , or 2. Your keyless entry device battery dies and you are unable to enter such "auto" as a re- sult, 3. Your key, electronic key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry; and Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc AC 70 05 03 16 with its permission. COMMERCIAL AUTO AC 70 05 03 16 4. Original copies of receipts for services of a locksmith must be provided before reim- bursement is payable. Z. CANCELLATION CONDITION Paragraph A.2. of the COMMON POLICY CONDITION – CANCELLATION applies except as follows: If we cancel for any reason other than non- payment of premium, we will mail or deliver to the First Named Insured written notice of cancellation at least 60 days before the ef- fective date of cancellation. This provision does not apply in those states that require more than 60 days prior notice of cancella- tion. AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission COMMERCIAL AUTO AC 70 07 KS 03 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. EFFECT OF THIS ENDORSEMENT Coverage provided under this policy is modified by the provisions of this endorsement. If there is any conflict between the provisions of this endorsement and the provision(s) of any state- specific endorsement also attached to this policy, then the provision(s) of the state-specific endorsement shall apply instead of the provisions of this endorsement that are in conflict, but only to the extent of the conflict, and only to the extent necessary to bring such provisions into conformance with the state requirement(s) contained in the provision(s) of the state-specific endorsement. B. CHANGES FOR TRAILERS AND FARM EQUIPMENT 1. Under SECTION I - COVERED AUTOS, the following are added to Paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos: 4. "Trailers" designed to be towed by a pri- vate passenger type "auto" or a pickup, panel truck or van if not used for busi- ness purposes, other than farming or ranching. 5. Farm wagons or farm implements while being towed by a covered “auto”. C. CHANGES FOR ADDITIONAL NEWLY ACQUIRED VEHICLES 1. Paragraph B.2 of SECTION I - COVERED AUTOS is replaced by the following: 2. If Symbol 7 is entered next to coverage in Item Two of the Declara- tions, an “auto” you acquire will be a covered “auto” for that coverage only if: a. We already cover at least one “auto” you own for that coverage or it rep- laces an “auto” you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. The most we will pay for Physical Damage Coverage for “loss” under this Coverage Ex- tension is $100,000 per “auto”, subject to the largest deductible applicable to any “au- to” for that Coverage. D. AUTOS HIRED OR RENTED BY EMPLOYEES If hired or rented “autos” are covered “autos” on this policy, the following provisions apply: A. Changes In Covered Autos Liability Coverage The following is added to the Who Is An Insured Provision in SECTION II – COVERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. B. General Conditions Paragraph 5.b. of the Other Insurance Condition in the Business Auto Coverage Form is 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 by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". E. EMERGENCY LOCKOUT - PRIVATE PASSENGER VEHICLES Added in SECTION II – COVERED AUTOS LIABILITY COVERAGE, A.2 Coverage Extensions: AC 70 07 KS 03 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4 AC 70 07 KS 03 16 We will reimburse you up to $50 for reasonable expense incurred for the services of a locksmith to gain entry into your covered “auto” of the private passenger type subject to these provisions: 1. Your door key or key entry pad has been lost, stolen or locked in your covered “auto” and you are unable to enter such “auto” , or 2. Your key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry; and 3. Original copies of receipts for services of a locksmith must be provided before reimbursement is payable. F. REPLACED EXCLUSIONS In SECTION II – COVERED AUTOS LIABILITY COVERAGE B.1. Expected or Intended Injury is replaced by the following: "Bodily injury" or "property damage" which is expected or intended by the "insured". This exclusion applies even if the resulting "bodily injury" or "property damage": a. is of a different kind, quality or degree than initially expected or intended; or b. is sustained by a different person, entity, real property, or personal property than that initially expected or intended. G. ADDITIONAL EXCLUSIONS The following exclusions are added to SECTION II – COVERED AUTOS LIABILITY COVERAGE, B. Exclusions: Damage to Named Insured's Property Any claim or "suit" for "property damage" by you or on your behalf against any other person or entity that is also a Named Insured under this policy. Abuse or Molestation "Bodily injury" or "property damage" arising out of: a. The actual or threatened abuse or molestation by anyone or any person while in the care, custody or control of any "insured", or b. The negligent: 1) Employment; 2) Investigation; 3) Supervision; 4) Reporting to the proper authorities, or failure to so report; or 5) Retention; of a person for whom any "insured" is or ever was legally responsible and whose conduct would be excluded by Paragraph a. above. Abuse means an act which is committed with the intent to cause harm. Explosives For coverage in excess of the limits required by the Kansas Financial Responsibility Law, “bodily injury” or “property damage” caused by the explosion of explosives you make, sell or transport. Rolling Stores If a covered "auto" is a rolling store, "bodily injury" or "property damage" resulting from the handling, use or condition of any item the "insured" makes, sells or distributes if the injury or damage occurs after the "insured" has given up possession of the item. Wrong Delivery of Liquid Products "Bodily injury" or "property damage" resulting from the delivery of any liquid into the wrong receptacle or to the wrong address, or from the delivery of one liquid for another, if the "bodily injury" or "property damage" occurs after the delivery has been completed. Delivery is considered completed even if further service or maintenance work, or correction, repair or replacement is required be- cause of wrong delivery. Professional Services "Bodily injury": a. Resulting from the providing or the failure to provide any medical or other professional services. b. Resulting from food or drink furnished with these services. c. "Bodily injury" or "property damage" resulting from the handling of corpses. H. ACCIDENTAL AIRBAG DISCHARGE COVERAGE Under Paragraph B.3.a. of SECTION III – PHYSICAL DAMAGE COVERAGE the following is added: Mechanical breakdown does not include the accidental discharge of an airbag. I. PHYSICAL DAMAGE LIMIT OF INSURANCE Under SECTION III – PHYSICAL DAMAGE COVERAGE, Paragraph C., Limit of Insurance is replaced by the following: C. Limit Of Insurance 1. The most we will pay for “loss” in any one “accident” is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the “loss”, or b. The cost of repairing or replacing the damaged or stolen property. Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. AC 70 07 KS 03 16 AC 70 07 KS 03 16 2. $1,000 is the most we will pay for “loss” in any one “accident” to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of “loss”, is: a. Permanently installed in or upon the covered “auto” in a housing, opening or other location that is not normally used by the “auto” manufacturer for the installation of such equipment. b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or c. An integral part of such equipment. 3. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total “loss”. 4. The cost of repairing or replacing may: a. Be based on an estimate which includes parts furnished by the original equipment manufacturer or other sources including non-original equipment manufacturers and b. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the net improvement. 5. If we offer to pay the actual cash value of the damaged or stolen property, we will value auto advertising wraps, paint customization, and similar business related advertising modifications, in addition to the actual cash value of the property. Auto advertising wraps, paint customization, and similar business related advertising modifications will be valued at the cost to replace them with an adjustment made for depreciation and physical condition. J. GLASS REPAIR –WAIVER OF DEDUCTIBLE Under Paragraph D. Deductible of SECTION III – PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. K. MOTOR HOME OR RECREATIONAL VEHICLE CONTENTS NOT COVERED 1. For a covered "auto" that is a motor home the following exclusions are added to the SECTION III – PHYSICAL DAMAGE COVERAGE 2. Motor Home Contents This insurance does not apply to: a. "Loss" to the covered "auto's" contents, except equipment usual to trucks or private passenger "autos". b. "Loss" to TV antennas, awnings or cabanas. c. "Loss" to equipment designed to create added living facilities. However, these exclusions do not apply if coverage has been added to the policy elsewhere by endorsement. L. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS The requirement in Loss Condition 2.a. Duties In the Event Of Accident, Claim, Suit Or Loss – of Section IV - BUSINESS AUTO CONDITIONS SECTION that you must notify us of an “accident”, “claim”, “suit”, or “loss” applies only when the “accident”, “claim”, “suit”, or “loss” is known to : 1. You, if you are an individual 2. A partner, if you are a partnership; 3. An executive officer or the employee designated by you to give such notice if you are a corporation; or 4. A member, if you are a limited liability company. M. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Section IV - BUSINESS AUTO CONDITIONS SECTION is amended by the addition of the following: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. N. LIBERALIZATION Paragraph 3 of the General Conditions is replaced by the following: If we adopt any revision that would broaden the coverage under this policy without additional premium within 60 days prior to or during the policy period, the broadened coverage will immediately apply to this policy. O. SECTION V – DEFINITIONS of the BUSINESS AUTO COVERAGE FORM is amended as follows: AC 70 07 KS 03 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4 AC 70 07 KS 03 16 The definition of “bodily injury” is replaced by the following: “Bodily Injury” means bodily injury, sickness or disease sustained by any person, including mental anguish and death resulting from any of these. Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. AC 70 07 KS 03 16 STATE ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS BROKER COPY COMF'cNSATION INSURANCE FUND HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME EFFECTIVE JULY 1, 2022 AT 12.01 A.M. AND EXPIRING JULY 1, 2023 AT 12.01 A.M. PATTERSON BROTHERS LIGHTING, INC PO BOX 2037 LAKESIDE, CA 92040 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION 9136470-22 RENEWAL SD 3-32-60-78 PAGE 1 OF NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: 2572 ~!.'5C JULY 5, 2022 Ii~,,,~ .J/-e<~~ PRESIDENT AND CEO SCIF FORM 10217 (REV.7-2014) OLD DP 217 1