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HomeMy WebLinkAboutWest Coast Traffic Control LLC; 2023-06-06; PSALCA-23106CAPSALCA-23106CA City Attorney Approved Version 4/24/2023 1 AGREEMENT FOR TRAFFIC CONTROL MANAGEMENT SERVICES FOR 2023 TGIF CONCERTS IN THE PARKS SERIES WEST COAST TRAFFIC CONTROL, LLC THIS AGREEMENT is made and entered into as of the ____ day of __________, 2023, by and between the City of Carlsbad, California, a municipal corporation ("City"), and West Coast Traffic Control, LLC, a California Limited Liability Company ("Contractor") (collectively, the “Parties”.) RECITALS A. City requires the professional services of a contractor that is experienced in providing traffic control services for the duration of a special event or designated schedule. B. Contractor has the necessary experience in providing professional services and demonstrates proficient capabilities to manage traffic control for large public events. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City 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 it 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 one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. 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 will be not to exceed thirty thousand dollars ($30,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty thousand dollars ($30,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". DocuSign Envelope ID: CFF37BA4-94DD-4060-ACEA-DA7BC019366F 6th June PSALCA-23106CA City Attorney Approved Version 4/24/2023 2 6. 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 City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City 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 City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City 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 City. 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 City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its 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 City incurs or makes to or on behalf of an injured employee under the City’s 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. 10. 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 DocuSign Envelope ID: CFF37BA4-94DD-4060-ACEA-DA7BC019366F PSALCA-23106CA City Attorney Approved Version 4/24/2023 3 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. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City 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. City, 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 the City as an additional insured. 10.1.1 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. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 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 City's satisfaction, a declaration stating this. 10.1.4 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. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 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 City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City 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 City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. DocuSign Envelope ID: CFF37BA4-94DD-4060-ACEA-DA7BC019366F PSALCA-23106CA City Attorney Approved Version 4/24/2023 4 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. 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. 12. 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 City 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. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. 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 City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Richard Schultz Name Craig Wall Title Cultural Arts Manager Title President Department Library & Cultural Arts Address P.O. Box 1070 City of Carlsbad Vista, CA 92085 Address 1775 Dove Lane Phone No. 760-271-7738 Carlsbad, CA 92011 Email craig@westcoasttrafficcontrol.com Phone No. 442-339-2086 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. 16. 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 as required in the City of Carlsbad Conflict of Interest Code. Yes No DocuSign Envelope ID: CFF37BA4-94DD-4060-ACEA-DA7BC019366F □ ■ PSALCA-23106CA City Attorney Approved Version 4/24/2023 5 17. 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 whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. 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 City 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 City Manager. The City 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 City 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. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City 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 City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. 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. City will make the final determination as to the portions of tasks completed and the compensation to be made. DocuSign Envelope ID: CFF37BA4-94DD-4060-ACEA-DA7BC019366F PSALCA-23106CA City Attorney Approved Version 4/24/2023 6 21. 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, City 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. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City 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 City, 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 City 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 City to terminate this Agreement. 23. 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. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City 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 City, which shall not be unreasonably withheld. 25. 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: CFF37BA4-94DD-4060-ACEA-DA7BC019366F PSALCA-23106CA City Attorney Approved Version 4/24/2023 7 26. 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 CITY OF CARLSBAD, a municipal corporation of the State of California West Coast Traffic Control, LLC By: By: (sign here) SUZANNE SMITHSON Library & Cultural Arts Director As authorized by the City Manager CRAIG WALL, President (print name/title) ATTEST: For SHERRY FREISINGER City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, 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: For CINDIE K. McMAHON, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: CFF37BA4-94DD-4060-ACEA-DA7BC019366F PSALCA-23106CA City Attorney Approved Version 4/24/2023 8 EXHIBIT “A” SCOPE OF SERVICES Contractor was selected because of their requisite skill and experience implementing and maintaining traffic control plans for special events or projects of a specific duration. Contractor is a North San Diego County business with 20 years of experience in the field. 1. CONTACT INFORMATION Contractor Project Coordinator Fernando Martinez, 760-916-3291, fernandom@westcoasttrafficcontrol.com City • Cultural Arts Manager Richard Schultz, 442-339-2086, richard.schultz@carlsbadca.gov • Program & Venues Coordinator Thomas Johnston, 442-339-2093, thomas.johnston@carlsbadca.gov • Cultural Arts Administration 442-339-2090 2. SERVICE LOCATIONS PROVIDED BY CONTRACTOR DATE PARK LOCATIONS July 7 and July 14, 2023 Stagecoach Community Park 3420 Camino de los Coches, Carlsbad, CA July 21, 2023 Poinsettia Community Park 6600 Hidden Valley Road, Carlsbad, CA July 28, 2023 Calavera Hills Community Park 2997 Glasgow Drive, Carlsbad, CA August 4 and August 11, 2023 Alga Norte Community Park 6565 Alicante Road, Carlsbad, CA 3. CONTRACTOR’s RESPONSIBILITY On-site security plan • Contractor will distribute No Parking signage along designated traffic control plan (TCP) routes, 72 hours prior to each concert date. • Contractor will distribute TCP equipment between the hours of 8 a.m. – 1 p.m. on the day of each concert. • Contractor will remove TCP equipment between the hours of 7 p.m. – 9 p.m. on the day of each concert. • Contractor will maintain the highest standard of customer service and professionalism in dealing with the public. DocuSign Envelope ID: CFF37BA4-94DD-4060-ACEA-DA7BC019366F PSALCA-23106CA City Attorney Approved Version 4/24/2023 9 • Contractor’s equipment is regularly maintained and equipped as required in the safety field, ensuring safety in the work zones. 4. CONTRACTOR’S ON-SITE SCHEDULE TIME ACTIVITY 72 hrs. prior to concert date(s) Set out NO PARKING sign along the roads designated in the traffic control plan for each concert date 8 a.m. Arrive at park location and check-in with event organizer 8:30 a.m. – 1 p.m. Distribute TCP equipment using the TCP city approved maps 7 – 9 p.m. Remove TCP equipment 5. CITY’S RESPONSIBILITY • Provide Contractor with site map and on-site contact list. • Provide a location for stagging equipment. • Provide a canopy tent, if desired. 6. HEALTH & SAFETY During a county or state mandated health-related emergency, all activities occurring at City facilities, all Parties must adhere to the guidance from the state, county, and local authorities on health and safety protocols. City staff will inform Artist what the current guidelines are prior to their arrival and entering any City facility. Safety protocols may include, but are not limited to, hand washing, temperature testing, requiring face covering, maintaining physical distancing of six feet. The safety protocols may be modified at any time due to changing rules, regulations, or circumstances. 7. FEES LABOR FEES SUB-TOTAL Stagecoach Community Park: Set up & Take Down TCP equipment $4,080 per concert $8,160 (2 concerts) Poinsettia Community Park: Set up & Take Down TCP equipment $4,080 per concert $4,080 (1 concert) Calavera Hills Community Park: Set up & Take Down TCP equipment $4,680 per concert*1 $4,680 (1 concert) Alga Norte Community Park: Set up & Take Down TCP equipment $5,880 per concert*2 $11,760 (2 concerts) TOTAL $28,680 *1 – Contractor will also provide one (1) changeable message board. DocuSign Envelope ID: CFF37BA4-94DD-4060-ACEA-DA7BC019366F PSALCA-23106CA City Attorney Approved Version 4/24/2023 10 *2 – Contractor will also provide three (3) changeable message boards on each concert date. 8. INVOICING/PAYMENT All invoices shall be submitted monthly for payment to the Cultural Arts Manager or designee and shall be sufficiently detailed to include related activities, location, hours and total costs. Final invoice approval will be completed by the City’s Library & Cultural Arts Director or designee. DocuSign Envelope ID: CFF37BA4-94DD-4060-ACEA-DA7BC019366F ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) � 05/30/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jesse Harris NAME: J Harris Insurance Services rtgNfio Ext\: (760) 586-4550 I FAX IA/C Nol: (619) 353-9800 1947 Camino Vida Roble Ste 110 E-MAIL jesse@jhfarmers.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# Carlsbad CA 92008 INSURER A: ADMIRAL INS CO 24856 INSURED INSURER B: TRUCK INS EXCH 21709 West Coast Traffic Control LLC INSURER C: JAMES RIVER INS CO 12203 P.O. Box 1070 INSURER D: STATE COMPENSATION INS FUND 35076 INSURERE: COLUMBIA CASUALTY CO. 31127 Vista CA 92085 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A B C D E TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY -□ CLAIMS-MADE [X] OCCUR - GEN'L AGGREGATE LIMIT APPLIES PER: � [X] PRO-POLICY JECT OTHER: AUTOMOBILE LIABILITY -ANY AUTO DLoc -OWNED X SCHEDULEDAUTOS ONLY � AUTOS -X HIRED X NON-OWNED AUTOS ONLY � AUTOS ONLY X UMBRELLA LIAB � OCCUR EXCESS LIAB CLAIMS-MADE OED I X I RETENTION $ 0 WORKERS COMPENSATION AND EMPLOYERS" LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE � OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Professional Liability ADDL SUBR POLICY EFF POLICY EXP INC::n W\/n POLICY NUMBER IMM/DDfYYYYl IMM/DD/YYYYl y y CA00003 7934-04 04/07/2023 04/07/2024 y y 606759107 08/01/2022 08/01/2023 00142400-0 04/07/2023 04/07/2024 N/A y 9259792-2022 08/28/2022 08/28/2023 CEO591957282 05/01/2023 05/01/2024 LIMITS EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES /Ea occurrence\ $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS- COMP/OP AGG $ $ COMBINED SINGLE LIMIT $ /Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ /Per accident) $ EACH OCCURRENCE $ AGGREGATE $ PR/COMP OPS AGG $ XI ��%uTE I I OTH-ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ F.1 . nlSFASF -POI ICY I IMIT $ $1,000,000 $2,000,000 $5,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) agreement# 1562-8502 Umbrella policy follows policy numbers: CA000037934-04 and 606759107 Endorsements: CG20100413, CG20370413, CG240459, AD68930117, and 2572 CERTIFICATE HOLDER CANCELLATION 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000 5,000,000 5,000,000 5,000,000 1,000,000 1,000,000 1,000,000 per claim aggregate Deductible City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1635 Faraday Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Carlsbad, CA 92008 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ��-c; © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: CFF37BA4-94DD-4060-ACEA-DA7BC019366F DocuSign Envelope ID: CFF37BA4-94DD-4060-ACEA-DA7BC019366F 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 AUGUST 28, 2022 AT 12.01 A.M. AND EXPIRING AUGUST 28, 2023 AT 12.01 A.M. WEST COAST TRAFFIC CONTROL PO BOX 1070 VISTA, CA 92085 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 9259792-22 RENEWAL SC 5-40-75-91 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 ~~~ AUGUST 30, 2022 ti~,~~ .d!/~<:~ PRESIDENT AND CEO SCIF FORM 10217 (REV.7·2014) OLD DP 217 1 Policy Number: CA000037934-04 CG 2010 0413 Effective Date: 04/07/2023 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 LTABTLTTY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s) Of Covered Operations Or Organization(s) Any person or organizalion that is an owner or manager or All localions at which the Named Insured is performing real property or personal property on which you are per-ongoing operations. fonning ongoing operations, or a contractor on whose be-half you are performing ongoing operations, but only if cov-erage as an additional insured is required by a written contract or written agreement that is an "insured contract", and provided the "bodily injury" or "property damage" first occurs, or the "personal and advertising injury" offense is first committed, subsequent to the execution of the contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II-Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shownin the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertisinginjury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured wi11 not be broader than that which you are required by the contract or agreement to provide forsuch additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occtming after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project ( other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of thecovered operations has been completed; or CG 2010 0413 © Insurance Services Office, Inc., 2012 Pagel of 2 □ DocuSign Envelope ID: CFF37BA4-94DD-4060-ACEA-DA7BC019366F 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any personor organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C.With respect to the insurance afforded to these additional insureds, the following is added to Section III-Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf ofthe additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits oflnsurance shown in the Declarations. CG 2010 0413 © Insurance Services Office, Inc., 2012 Page 2 of 2 □ DocuSign Envelope ID: CFF37BA4-94DD-4060-ACEA-DA7BC019366F Policy Number: CA000037934-04 CG 20 37 04 13 Effective Date: 04/07/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Or On:?:anization(s) Completed Operations Any person or organization that is an owner or manager of All locations except locations where "your work" is or was real property or personal property for whom you work or related to a job or project involving single-family dwellings, have worked, or a contractor on whose behalf you work or multi-family dwellings (other than rental apartments in an have worked, but only if coverage as an additional insured apartment building: (a) originally constructed and at all times extending to "bodily injury" or "property damage" included used for such purpose, or (b) convetted from a commercial in the "products-completed operations hazard" is required by building), condominiums, townhomes, townhouses, time- a written contract or written agreement that is an "insured share units, fractional-ownership units, cooperatives and/or contract" and provided that the "bodily injury" or "property any other structure or space used or intended to be used as a damage" first occurs subsequent to the execution of the residence. contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shownin the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additionalinsured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to suchadditional insured will not be broader than that which you are required by the contract or agreement to provide forsuch additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section TH -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf ofthe additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits oflnsurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2011 Pagel of l □ DocuSign Envelope ID: CFF37BA4-94DD-4060-ACEA-DA7BC019366F Policy Number: CA000037934-04 CG 24 04 05 09 Effective Date: 04/07/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ TT CAREFULLY. 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 OPERA TIO NS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization, but only if: 1.You have expressly agreed to the waiver in a written contract entered into by you; and 2.The injury or damage occurs subsequent to the execution of the written 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 Pagel of l □ DocuSign Envelope ID: CFF37BA4-94DD-4060-ACEA-DA7BC019366F Policy Number: · CA000037934-04 AD 68 93 0117 Effective Date: 04/07/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCED COVERAGE (Commercial General Liability Coverage Form) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM I. AMENDED EXCLUSIONS NON-OWNED WATERCRAFT COVERAGE -Up to 55 feet SECTION I-COVERAGES-COVERAGE A-BODILY INmRY AND PROPERTY DAMAGE LIABILITY, Exclu­sion g. Aircraft, Auto or Watercraft, Paragraph (2) is deleted in its entirety and replaced by the following: (2)A watercraft you do not own that is: (a)Less than 55 feet long; and (b)Not being used to carry persons or property for a charge; MEDICAL PAYMENTS­PRODUCTS-COMPLETED OPERATIONS HAZARD SECTION I -COVERAGES -COVERAGE C-MEDICAL PAYMENTS Exclusion f. Products-Completed Operations Hazard is deleted in its entirety. CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM EXCLUSION (LIMITED RXCRPTTON FOR OPRRA TTONS A WAY FROM PRO.IBCT LOCA TTON) The following exclusion is added to paragraph 2., Exclusions of COVERAGE A -BODILY INmRY AND PROPERTY DAMAGE LIABILITY (Section I-Coverages): This insurance does not apply to "bodily injury" or "property damage" arising out of either your ongoing operations or opera­tions included within the "products-completed operations hazard" at any location for which a consolidated (wrap-up) insur­ance program has been provided by the prime contractor/project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated (wrap-up) insurance program: (1)Provides coverage identical to that provided by this Coverage Form; (2)Has limits adequate to cover all claims; or (3)Remains in effect. However, if the consolidated (wrap-up) insurance program does not provide coverage for your operations that are pe1f01med away from the location of the construction project, this exclusion will not apply. AD 68 93 0117 Includes copyrighted material of Insurance Services Office, Inc., with its permission, 2009, 2012 & 2013. Page 1 of8 □ DocuSign Envelope ID: CFF37BA4-94DD-4060-ACEA-DA7BC019366F II.AMENDED COVERAGES KNOWLEDGE OF OCCURRENCE The following paragraph is added to Section IV -Commercial General Liability Conditions Paragraph 2. Duties In The Event Of Occmrence, Offense, Claim or Suit: Notice of an "occurrence" which may result in a claim under this insurance shall be given as soon as practicable after knowledge of the "occmrence" has been reported to you, one of your "executive officers", or any "employee" authorized by you to give or receive notice of an "occurrence". UNINTENTIONAL ERRORS AND OMISSIONS The following paragraph is added to Section IV -Commercial General Liability Conditions Paragraph 6. Representations: However, the unintentional omission of, or unintentional error in, any infonnation given or provided by you shall not preju­dice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our right of cancellation or non-renewal. III.ADDED COVERAGES PERSONAL PROPERTY OF OTHERS IN YOUR CARE, CUSTODY OR CONTROL - LIMITED COVERAGE SCHEDULE Sub-Limits of Insurance: $10,000 Each OccutTence (Included in the Each Occunence Limit shown in the Declarations) $10,000 Aggregate (Included in the General Aggregate Limit shown in the Declarations) The Sub-Limits ofTnsurance shown above are included within and not in addition to the Each Occurrence Limit and the General Aggregate Limit shown in the Declarations. Supplementaty Payments will reduce the Each OccutTence and Aggregate Sub-Limits oflnsurance shown above. Tt is agreed COMMERCIAL GENERAL LIABILITY COVERAGE FORM -SECTION I-COVERAGE A Exclusion j. (4) is deleted, but only with respect to personal property of others in the care, custody or control of the Named Insured, subject to the following exclusions, conditions and limitations. 1.Exclusions This insurance does not apply to: a. "Property damage" arising out of operations perfo1med on behalf of the Named Insured by others; b."Property damage" arising out of an "occurrence" at premises owned, rented, leased, operated, occupied or used byyou; c."Property damage" to property while in transit; d."Property damage" arising out of any enor, omission or deficiency in the design, specifications, workmanship or materials of the personal property in the Named lnsured's care, custody or control; e."Property damage" arising out of delay, loss of market, loss of use, loss of profits, or any similar indirect or conse­quential loss of any kind; f."Property damage" included within the "products-completed operations hazard"; or g.Damages exceeding the actual cash value of the personal property in the care, custody or control of the Named Tn­sured at the time of the "occurrence." 2. Conditions Our right and duty to defend ends when we have used up the applicable sub-limit of insurance in the payment of judg­ments or settlements or Supplementary Payments under the insurance provided by this endorsement. AD 68 93 0117 Includes copyrighted material of Insurance Services Office, Inc., with its permission, 2009, 2012 & 2013. Page 2 of8 □ DocuSign Envelope ID: CFF37BA4-94DD-4060-ACEA-DA7BC019366F 3.Limits of Insurance a.The amount we will pay for damages is limited as described below with respect to damages covered under this en­dorsement: (1)The Aggregate Limit shown in the Schedule is the most we will pay for the sum of all damages because of"property damage"; (2)The Each Occurrence Limit shown above is the most we will pay for the sum of all damages because of "prop­erty damage" arising out of any one "occurrence"; (3)Supplementary Payments will reduce the Each Occurrence and Aggregate Limits ofTnsurance shown in theSchedule; and ( 4)All sums we pay for damages or Supplementary Payments under this endorsement will reduce the Each Occur­rence Limit and the General Aggregate Limit shown in the Declarations. 4.Other Insurance This insurance is excess over any other valid and collectible Property or Inland Marine insurance available to you, eitheras a Named Insured or an Additional Insured, whether prima1y, excess, contingent or any other basis. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION (Insurance Services Office Endorsement CG 20 01 04 13) 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: (1)The additional insured is a Named Insured under such other insurance; and(2)You have agreed in writing in a contract or agreement that this insurance would be prima1y and would not seek con­tribution from any other insurance available to the additional insured. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (Insurance Services Office Endorsement CG 24 04 05 09) SCHEDULE Name Of Person Or Organization: Any person or organization, but only if the following conditions are met: (I)You have expressly agreed to the waiver in a written contract; and (2)The injury or damage first occurs subsequent to the execution of the written 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 TV-Condi­ tions: We waive any righl of recovery we may have againsl lhe person or organizalion shown in lhe Schedule above because of payments we make for injwy 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. AD 68 93 0117 Includes copyrighted material of Insurance Services Office, Inc., with its permission, 2009, 2012 & 2013. Page 3 of8 □ DocuSign Envelope ID: CFF37BA4-94DD-4060-ACEA-DA7BC019366F Scheduled Railroad: CONTRACTUAL LIABILITY -RAILROADS (Insurance Services Office Endorsement CG 24 17 10 01) SCHEDULE Designated Job Site: Any railroad, but only if the following conditions are met: a.You have expressly agreed to indemnify the railroad ina written contract entered into by you; and Any job site covered by this insurance where you are per­forming operations for or affecting a Scheduled Raih·oad. b.The injury or damage occurs subsequent to the execu­tion of the written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applica­ ble lo this endorsement.) With respect to operations performed for, or affecting, a Scheduled Railroad at a Designated Job Site, the definition of "in­sured contract" in the Definitions section is replaced by the following: 9."Insured Contract" means: a.A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies anyperson or organization for damage by fire to premises while rented to you or temporarily occupied by you with per­mission of the owner is not an "insured contract"; b. A sidetrack agreement; c.Any easement or license agreement; d.An obligation, as required by ordinance, to indenmify a municipality, except in connection with work for a munici­pality; e.An elevator maintenance agreement; f.That part of any other contract or agreement pertaining to your business {including an indemnification of a munici­pality in connection with work perfonned for a municipality) under which you assume the tort liability of anotherparty to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liabil­ity that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1)That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a)Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, fieldorders, change orders or drawings and specifications; or (b)Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or dam­age; (2)Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arisingout of the insured's rendering or failure to render professional services, including those listed in Paragraph (l)above and supervisory, inspection, architectural or engineering activities. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT (WITH TOTAL AGGREGATE LIMIT FOR COVERAGES A, B AND C) SCHEDULE Designated Construction Projects: All construction projects covered by this insurance. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applica­ble to this endorsement.) AD 68 93 0117 Includes copyrighted material of Insurance Services Office, Inc., with its permission, 2009, 2012 & 2013. Page 4 of8 □ DocuSign Envelope ID: CFF37BA4-94DD-4060-ACEA-DA7BC019366F A.For all sums which the insured becomes legally obligated to pay as damages caused by "occunences" under COVER­AGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: I.A separate Designated Construction Project General Aggregate Limit applies to each designated construction pro­ject, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. However, the most we will pay under the Designated Construction Project General Aggregate Limit for all Desig­nated Construction Projects combined is $5,000,000. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damagesunder COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products­completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 3.Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reducethe Designated Construction Project General Aggregate Limit for that designated construction project. Such pay­ ments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Des­ignated Construction Project General Aggregate Limit for any other designated construction project shown in theSchedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply.However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will besubject to the applicable Designated Construction Project General Aggregate Limit. B.For all sums which the insured becomes legally obligated to pay as damages caused by "ocClmences" under COVER­AGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can­not be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: I.Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reducethe amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit,whichever is applicable; and 2.Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C.When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments fordamages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" willreduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Desig­nated Construction Project General Aggregate T ,imit. D.If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still bedeemed to be the same construction project. E.The provisions of Limits Oflnsurance (SECTION TIT) not otherwise modified by this endorsement shall continue to ap­ply as stipulated. IV.ADDITIONAL INSUREDS ADDITIONAL INSURED -LESSOR OF LEASED EQUIPMENT -AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU (Insurance Services Office Endorsement CG 20 34 04 13) A. Section TT -Who Ts An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agree­ment that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organiza­tion(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertisinginjwy" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s)or organization(s ). However, the insurance afforded to such additional insured: 1.Only applies to the extent permitted by law; and AD 68 93 0117 Includes copyrighted material of Insurance Services Office, Inc., with its permission, 2009, 2012 & 2013. Page 5 of8 □ DocuSign Envelope ID: CFF37BA4-94DD-4060-ACEA-DA7BC019366F 2.Will not be broader than that which you are required by the contract or agreement to provide for such additional in­sured. A person's or organization's status as an additional insured under this endorsement ends when their contract or agree­ment with you for such leased equipment ends. B.With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence"which takes place at1er the equipment lease expires. C.With respect to the insurance afforded to these additional insureds, the following is added to Section III-Limits OfInsurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement you have entered into with the additional insured; or 2.Available under the applicable Limits ofinsurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. ADDITIONAL INSURED -MANAGERS OR LESSORS OF PREMISES (Insurance Services Office Endorsement CG 20 11 04 13) SCHEDULE Designation Of Premises (Part Leased To You): All premises leased to you and covered by this insurance. Name Of Person(s) Or Organization(s) (Additional Insured): Any person or organization that is a manager or lessor ofreal property, but only if coverage as an additional insured is re-quired by a written contract or written agreement that is an "insured contract", and provided the "bodily injury" or "prop-erly damage" firsl occurs, or lhe "personal and advertising injury" offense is first commiUed, subsequent to the execution of the contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II-Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shownin the Schedule, hut only with respect to liahility arising out of the ownership, maintenance or use of that part of thepremises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1.Any "occurrence" which takes place after you cease to be a tenant in that premises. 2.Stmctural alterations, new constmction or demolition operations performed by or on behalf of the person(s) or or-ganization(s) shown in the Schedule. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to suchadditional insured will not be broader than that which you are required by the contract or agreement to provide forsuch additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits OfInsurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf ofthe additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits oflnsurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits oflnsurance shown in the Declarations. AD 68 93 0117 Includes copyrighted material of Insurance Services Office, Inc., with its permission, 2009, 2012 & 2013. Page 6 of8 □ DocuSign Envelope ID: CFF37BA4-94DD-4060-ACEA-DA7BC019366F ADDITIONAL INSURED -MORTGAGEE, ASSIGNEE OR RECEIVER (Insurance Services Office Endorsement CG 20 18 04 13) SCHEDULE Name Of Person(s) Or Organization(s) Designation Of Premises Any person or organization that is a mortgagee, assignee or re-All premises covered by this insurance. ceiver for a premises shown in this Schedule, but only if cov-erage as an additional insured is required by a written contract or written agreement that is an "insured contract", and pro-vided the "bodily injury" or "property damage" first occurs, or the "personal and advertising injury" offense is first commit-ted, subsequent to the execution of the contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II-Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the owner­ship, maintenance, or use of the premises by you and shown in the Schedule. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to suchadditional insmed will not be broader than that which you are required by the contract or agreement to provide forsuch additional insmed. B.This insurance does not apply to structural alterations, new construction and demolition operations performed by or forthat person or organization. C. With respect to the insurance afforded to these additional insureds, the following is added to Section TIT -Limits OfInsurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf ofthe additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. ADDITIONAL INSURED -TRADE SHOW SPONSOR- AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN AGREEMENT WITH YOU A.Section 11-Who ls An Insured is amended to include as an additional insured any person or organization who is asponsor of a trade show where you are operating a booth or displaying your product, but only: 1.For injury or damage occuning at the trade show; and 2.When you and such person or organization have agreed in writing in a contract or agreement executed prior to thebeginning of the trade show that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured 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; while attending the trade show sponsored by this additional insured. AD 68 93 0117 Includes copyrighted material of Insurance Services Office, Inc., with its permission, 2009, 2012 & 2013. Page 7 of8 □ DocuSign Envelope ID: CFF37BA4-94DD-4060-ACEA-DA7BC019366F A person's or organization's status as an additional insured under this endorsement ends when your attendance at the trade show ends. B.With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury" or "property damage" arising out of "your work" or "your product" andincluded in the "products-completed operations hazard". C. With respect to the insurance afforded to these additional insureds, the following is added to Section TH -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf ofthe additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2. Available under the applicable Limits ofinsurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. ADDITIONAL INSURED-STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION -PERMITS OR AUTHORIZATIONS (INSURANCE SERVICES OFFICE ENDORSEMENT CG 20 12 04 13) SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Any state or governmental agency or subdivision or political subdivision that has issued a petmit or authorization for opera­tions performed by you or on your behalf. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section TT -Who Ts An Insured is amended to include as an additional insured any state or governmental agency orsubdivision or political subdivision shown in the Schedule, subject to the following provisions: 1.This insurance applies only with respect to operations performed by you or on your behalf for which the state orgovernmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded tosuch additional insured will not be broader than that which you are required by the contract or agreement toprovide for such additional insured. 2.This insurance does not apply to: a."Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed forthe federal government, state or municipality; or b."Bodily injury" or "property damage" included within the "products-completed operations hazard". B.With respect to the insurance afforded to these additional insureds, the following is added to Section TIT -Limits OfInsurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits ofinsurance shown in the Declarations. AD 68 93 0117 Includes copyrighted material of Insurance Services Office, Inc., with its permission, 2009, 2012 & 2013. Page 8 of8 □ DocuSign Envelope ID: CFF37BA4-94DD-4060-ACEA-DA7BC019366F