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HomeMy WebLinkAboutSouthern Contracting Company; 2024-03-22; USE24-2374TRANUSE24-2374TRAN City Attorney Approved Version 2/2/2024 1 CITY OF CARLSBAD PROPERTY USE AGREEMENT Construction Staging Area This Property Use and Indemnity Agreement ("Agreement”), date as of _________________, 2024, solely for identification purposes is made and entered into by and between the City of Carlsbad, a California charter city, ("CITY") and Southern Contracting Company, a California corporation (“PERMITTEE"). RECITALS WHEREAS, CITY is owner of that certain vacant real property situated in the City of Carlsbad, County of San Diego, State of California, located on the north east corner of Orion Street and Orion Way (APN: 209-050-26-00), and 1.38 acres in size, of which only 10,000 square feet will be utilized, which is hereinafter called the “Premises”, and is generally depicted and illustrated on a sketch thereof marked Exhibit "A". WHEREAS, PERMITTEE is a CITY contractor working on the Street Light Replacement Project, Phase II (PWS23-2188TRAN) located throughout the City of Carlsbad (the “Project”). WHEREAS, PERMITTEE is desirous of using the Premises as a temporary storage area for its construction crews, vehicles, materials, and equipment to facilitate the Project, and CITY consents to said temporary use of the Premises by PERMITTEE under the terms and conditions in this Agreement. NOW THEREFORE, the parties hereto in accordance with the terms, covenants, conditions and provisions contained herein, mutually agree as follows: SECTION 1: USES 1.01 Premises. CITY hereby authorizes PERMITTEE, in accordance with the terms, covenants, conditions and provisions of this Agreement, the non-exclusive limited use of the Premises. In return for the limited use of the Premises, PERMITTEE hereby agrees to act in accordance with and abide by the terms, covenants, conditions and provisions of this Agreement. 1.02 Uses. It is expressly agreed that the Premises shall be used by PERMITTEE solely and exclusively for the purpose of a temporary storage area for its construction crews, vehicles, material and equipment while performing work related to the Project. At any time during the use of the Premises by PERMITTEE, PERMITTEE shall be required to fence the Premises as determined by CITY, if the CITY deems it necessary in the interest of public safety. PERMITTEE covenants and agrees to use the Premises for the above specified purposes only and to diligently pursue said purposes throughout the term hereof. In the event that DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF March 22 USE24-2374TRAN City Attorney Approved Version 2/2/2024 2 PERMITTEE fails to continuously use the Premises for said purposes or uses the Premises for purposes not expressly authorized herein, the PERMITTEE shall be deemed in default under this Agreement, and this Agreement shall be subject to immediate termination. SECTION 2: TERM 2.01 Commencement. The term of this Agreement shall be for approximately three (3) months commencing on the Effective Date of this Agreement and expiring on ________________, 2024. The “Effective Date” of this Agreement shall be the date this Agreement is approved and executed by the CITY. 2.02 Term Extension. The term and conditions of this Agreement may be extended on a month-to-month basis by mutual written consent of both parties. 2.03 Termination Provisions. Notwithstanding any other provisions contained in this Agreement, either party may terminate this Agreement for any reason whatsoever by giving the other party at least thirty (30) days prior written notice of such termination. SECTION 3: PROPERTY USE PAYMENT 3.01 Property Use Payment. PERMITTEE shall pay CITY the sum of five hundred dollars ($500.00) per month as rent for the use of the Premises by PERMITTEE. Payment of rent shall be made in advance, without demand, on the first (1st) day of each month PERMITTEE occupies the Premises. Rent shall be made payable to the order of the “City of Carlsbad” and delivered to the address listed in Section 5.04 below. Proration of rent shall be made on a 30-day month basis. 3.02 Utilities. PERMITTEE, at its sole cost, agrees to order, obtain, remove and pay for all utilities and any related service and installation charges in connection with the use, occupation and operation of the Premises. SECTION 4: INSURANCE RISKS/SECURITY 4.01 Indemnity. PERMITTEE shall indemnify and hold harmless the CITY and its officials (both appointed and elected), officers, agents and employees against all claims for damages to persons or property arising out of the use or occupation of the Premises and the conduct of the PERMITTEE or its employees or agents, except only for those claims arising from the sole and active negligence or sole willful misconduct of the CITY, its officials (both appointed and elected) officers, agents, or employees. PERMITTEE'S indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the CITY, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, PERMITTEE at its own expense shall, upon written request by the CITY, defend any such suit or action brought against the CITY, its officers, agents, or employees. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF June 28 USE24-2374TRAN City Attorney Approved Version 2/2/2024 3 4.02 Insurance. PERMITTEE shall take out and maintain at all times during the term of this Agreement the following insurance at its sole expense: a. PERMITTEE shall maintain the following minimum limits: Commercial General Liability, including coverage for bodily injury and property damage. Combined Single Limit Per Occurrence $2,000,000 General Aggregate $4,000,000 Automobile Liability, including coverage for owned, non-owned and for-hire vehicles. Combined Single Limit Per Occurrence $1,000,000 General Aggregate $2,000,000 b. All insurance companies affording coverage to the PERMITTEE shall be required to add the City of Carlsbad as "additional insured" under the insurance policy(s) required in accordance with this Agreement. Insurance coverage provided to the City as additional insured shall be primary insurance and other insurance maintained by the City, its officers, employees, agents, and representatives shall be excess only and not contributing with insurance provided pursuant to this Section 4.02. c. All insurance companies affording coverage to the PERMITTEE shall be insurance organizations acceptable to the CITY and authorized by the Insurance Commissioner of the State Department of Insurance to transact business of insurance in the State of California. d. All insurance companies affording coverage shall provide thirty (30) days written notice to the City of Carlsbad should the policy be cancelled before the expiration date. For the purposes of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. e. PERMITTEE shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, in a form satisfactory to the CITY, concurrently with the submittal of this Agreement. f. PERMITTEE shall provide a substitute certificate of insurance no later than thirty (30) days prior to the policy expiration date. Failure by the PERMITTEE to provide such a substitution and extend the policy expiration date shall be considered a default by PERMITTEE and subject to immediate termination of this Agreement. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF USE24-2374TRAN City Attorney Approved Version 2/2/2024 4 g. Maintenance of insurance by the PERMITTEE as specified in this Agreement shall in no way be interpreted as relieving the PERMITTEE of any responsibility whatever and the PERMITTEE may carry, at its own expense, such additional insurance as it deems necessary. h. If PERMITTEE fails or refuses to take out and maintain the required insurance, or fails to provide the proof of coverage, CITY has the right to obtain the insurance. PERMITTEE shall reimburse CITY for the premiums paid with interest at the maximum allowable legal rate then in effect in California. CITY shall give notice of the payment of premiums within thirty (30) days of payment stating the amount paid, names of the insurer(s) and rate of interest. Said reimbursement and interest shall be paid by PERMITTEE on the first (1st) day of the month following the notice of payment by CITY. Notwithstanding the preceding provisions of this Subsection, any failure or refusal by PERMITTEE to take out or maintain insurance as required in this Agreement, or failure to provide the proof of insurance, shall be deemed a default and immediate termination of this Agreement. i. CITY, at its discretion, may require the revision of amounts and coverage at any time during the term of this Agreement by giving PERMITTEE thirty (30) days prior written notice. CITY'S requirements shall be designed to assure protection from and against the kind and extent of risk existing on the Premises. PERMITTEE also agrees to obtain any additional insurance required by CITY in order to meet the requirements of this Agreement. 4.03 Accident Reports. PERMITTEE shall, within seventy-two (72) hours after occurrence, report to CITY any accident causing property damage or any serious injury to persons on the Premises. This report shall contain the names and addresses of the parties involved, a statement of the circumstances, the date and hour, the names and addresses of any witnesses and other pertinent information. SECTION 5: GENERAL PROVISIONS 5.01 Maintenance. With respects to PERMITTEE'S use, occupation and operations at or on the Premises, PERMITTEE shall make all repairs and replacements necessary to maintain and preserve the Premises in a decent, safe, healthy, and sanitary condition satisfactory to CITY and in compliance with all applicable laws. Upon the expiration or earlier termination of this Agreement and PERMITTEE’s surrender of the Premises, PERMITTEE, at its sole cost and expense, shall restore the Premises to its condition prior to occupancy by PERMITTEE, normal wear and tear excepted. In the event that the Premises are not in a decent, safe, healthy, and sanitary condition, CITY shall have the right, upon written notice to PERMITTEE, to have any necessary work performed at the expense of PERMITTEE, and PERMITTEE shall promptly pay any and all costs incurred by CITY in having such necessary maintenance work performed, in order to keep said Premises in a decent, safe, healthy, and sanitary condition. PERMITTEE shall make payment no later than ten DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF USE24-2374TRAN City Attorney Approved Version 2/2/2024 5 (10) days after written notice from the CITY. Further, if at any time CITY determines that said Premises are not in a decent, safe, healthy, and sanitary condition, CITY may at its sole option, upon written notice, require PERMITTEE to file with CITY a faithful performance bond to assure prompt correction of any condition which is not decent, safe, healthy, and sanitary. Said bond shall be in an amount adequate in the opinion of CITY to correct the said unsatisfactory condition. PERMITTEE shall pay the cost of said bond. The rights reserved in this section shall not create any obligations on CITY or increase obligations elsewhere in this Agreement imposed on CITY. 5.02 Signs. PERMITTEE shall not erect or display any banners, pennants, flags, posters, signs, decorations, marquees, awnings, or similar devices or advertising without the prior written consent of CITY. If any such unauthorized item is found on the Premises, PERMITTEE shall remove the item at its expense within twenty-four (24) hours of written notice thereof by CITY, or CITY may thereupon remove the item at PERMITTEE'S cost. 5.03 Taxes. PERMITTEE shall pay, before delinquency, all taxes, assessments, and fees assessed or levied upon PERMITTEE or the Premises, including, any structures, machines, equipment, or other improvements or property of any nature whatsoever erected, installed, or maintained by PERMITTEE or levied by reason of the business or other PERMITTEE activities related to the Premises, including any licenses or permits. PERMITTEE recognizes and agrees that this Agreement may create a possessory interest subject to property taxation, and that PERMITTEE may be subject to the payment of taxes levied on such interest, and that PERMITTEE shall pay all such possessory interest taxes. 5.04 Notices. All notices, demands, requests, consents or other communications which this Agreement contemplates or authorizes, or requires or permits either party to give to the other, shall be in writing and shall be personally delivered or mailed to the respective party as follows: To CITY: City of Carlsbad City Manager’s Office 1200 Carlsbad Village Drive Carlsbad, CA 92008 Real Estate Manager: 442-339-2836 To PERMITTEE: Southern Contracting Company 559 North Twin Oaks Road San Marcos, CA 92069 Philip Waterman: Pwaterman@southerncontracting.com DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF USE24-2374TRAN City Attorney Approved Version 2/2/2024 6 Either party may change its address by notice to the other party as provided herein. Communications shall be deemed to have been given and received on the first to occur of (i) actual receipt at the offices of the party to whom the communication is to be sent, as designated above, or (ii) three working days following the deposit in the United States Mail of registered or certified mail, postage prepaid, return receipt requested, addressed to the offices of the party to whom the communication is to be sent, as designated above. 5.05 Entire Agreement. This Agreement comprises the entire integrated under- standing between CITY and PERMITTEE concerning the use and occupation of the Premises and supersedes all prior negotiations, representations, or agreements. Each party has relied on its own examination of the Premises, advice from its own attorneys, and the warranties, representations, and covenants of the Agreement itself. This Agreement may be executed in counterparts. 5.06 Jurisdiction and Venue. The interpretation, validity and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. Any action is law or equity to enforce this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, California. The Agreement does not limit any other rights or remedies available to CITY. 5.07 Severability. Should any provision herein be found or deemed to be invalid, the Agreement shall be construed as not containing such provision, and all other provisions, which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are severable. 5.08 Assignment. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 5.09 Agreement Modification. This Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by the parties hereto. 5.10 Assignment and Subletting-No Encumbrance. This Agreement and any portion thereof shall not be assigned, transferred, or sublet, nor shall any of the PERMITTEE’S duties be delegated, without the express written consent of CITY. Any attempt to assign or delegate this Agreement without the express written consent of CITY shall be void and of no force or effect. Consent by CITY to one assignment, transfer, sublease, or delegation shall not be deemed to be consent to any subsequent assignment, transfer, sublease, or delegation. 5.11 Regulations. All use of the Premises under this Agreement shall be in accordance with the laws of the United States of America, the State of California and in accordance with all applicable rules, regulations and ordinances of the City of Carlsbad now in force, or hereinafter prescribed or promulgated by resolution or ordinance or by State or Federal law. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF USE24-2374TRAN City Attorney Approved Version 2/2/2024 8 SECTION 8: REMEDIES 8.01 Agreement Default. In the event of default by Permittee, City shall have (in addition to any other remedies which may be contained herein) all remedies available to it at law or in equity, including, without limitation, the right to specific performance and damages. City will provide Permittee with written notice of any default and provide Permittee with five (5) days to cure any such default before exercising City’s remedies. If a default cannot reasonably be cured in the five (5) day period, Permittee must make a good faith effort to commence curing the breach during the 5 (5) day period and complete curing the breach within thirty (30) days following written notice. City may enforce the provisions of this Agreement, and in the event of any legal proceedings or litigation resulting therefrom, then Permittee shall be entitled to recover all costs and reasonable attorneys’ fees incurred in the action or proceeding (including those incurred at trial and appellate levels), in addition to any other relief to which it or they may be entitled. In the event of a default by City hereto in its respective obligations in this Agreement, the Permittee’s sole and exclusive remedy is to seek specific performance. Remainder of This Page Left Blank DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF March 25, 2024 DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF USE24-2374TRAN City Attorney Approved Version 2/2/2024 10 Exhibit “A” Depiction of Premises Vacant dirt lot at the corner of Orion Way and Orion St. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION$ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 9/19/2023 SullivanCurtisMonroe Insurance Services (COR) 1920 Main Street Suite 600 Irvine, CA 92614 951 493-3314 949-852-9762 www.SullivanCurtisMonroe.com License # 0E83670 Tien Le Tien Le tle@sullicurt.com Southern Contracting Company P.O. Box 445 San Marcos CA 92079 76381695 3 3 3 Additional Insured applies per attached policy forms to: The City of Carlsbad/CMWD Waivers of Subrogation apply per attached policy form. RE: Agreement #PWL20-1071FAC City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta CA 92564 RE: Agreement #PWL20-1071FAC - 7176 Avenida Encinas Power Issue Primary & Non-Contributory wording is included. Notice of cancellation applies. A 1,000,00072UEAPT057410/1/2023 10/1/2024 300,000 3 10,000 3 1,000,000 3 XCU Included 2,000,000 3 $5,000 PD Deductible 2,000,0003 A 72UEAPT0696 10/1/2023 10/1/2024 1,000,000 3 3 Comp Ded $1k/$2k/$5k Coll Ded $1k/$2k/$5k 3 B 72RHAPT0617 10/1/2023 10/1/2024 10,000,00033 10,000,000 3 10,000 C 72WEAZR3341 10/1/2023 10/1/2024 3 1,000,000N 1,000,000 1,000,000 D Installation MZI93091424 10/1/2023 10/1/2024 $2,500,000 Limit ($2,500 Deductible) D -Property in Transit / Temp Locations MZI93091424 10/1/2023 10/1/2024 $750,000 Limit ($2,500 Deductible) D Leased & Rented Equipment MZI93091424 10/1/2023 10/1/2024 $2,000,000 Limit ($1k/5k Deductible) Hartford Fire Insurance Company (A+, XV)19682 Hartford Casualty Insurance Company (A+, XV)29424 Sentinel Insurance Company, Ltd. (A+, XV)11000 AGCS Marine Insurance Company (A+, XV)22837 76381695 | SOUTHCON1 | 2023 GL CAU UMC WCO IM | Tien Le | 9/19/2023 4:31:57 PM (PST) | Page 1 of 24 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF 9/19/2023Southern Contracting Company 72UEAPT0574 76381695 | SOUTHCON1 | 2023 GL CAU UMC WCO IM | Tien Le | 9/19/2023 4:31:57 PM (PST) | Page 2 of 24 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF 76381695 | SOUTHCON1 | 2023 GL CAU UMC WCO IM | Tien Le | 9/19/2023 4:31:57 PM (PST) | Page 3 of 24 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF 76381695 | SOUTHCON1 | 2023 GL CAU UMC WCO IM | Tien Le | 9/19/2023 4:31:57 PM (PST) | Page 4 of 24 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF 76381695 | SOUTHCON1 | 2023 GL CAU UMC WCO IM | Tien Le | 9/19/2023 4:31:57 PM (PST) | Page 5 of 24 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF 9/19/2023Southern Contracting Company 72UEAPT0574 76381695 | SOUTHCON1 | 2023 GL CAU UMC WCO IM | Tien Le | 9/19/2023 4:31:57 PM (PST) | Page 6 of 24 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF 72UEAPT0574 76381695 | SOUTHCON1 | 2023 GL CAU UMC WCO IM | Tien Le | 9/19/2023 4:31:57 PM (PST) | Page 7 of 24 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF Form HS 24 50 12 20 © 2020, The Hartford Page 1 of 7 CONTRACTORS BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX 1. Alienated Premises Coverage ........................................................................................................................ 1 2. Damage To Your Work ................................................................................................................................... 1 3. That Particular Part ......................................................................................................................................... 1 4. Contractors Limited Professional Liability ....................................................................................................... 2 5. Per Project and Per Location General Aggregate Limits Of Insurance .......................................................... 2 6. Medical Payments Coverage - Including Products - Completed Operations .................................................. 3 7. Injury To Employee's Reputation With Respect To Incidental Medical Malpractice ...................................... 3 8. Bodily Injury Employee Suits........................................................................................................................... 4 9. Consolidated Insurance (Wrap-Up) Programs. ............................................................................................... 4 10. Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability ......................... 5 11. Supplementary Payments ............................................................................................................................... 5 12. Two Or More Coverage Parts Or Policies Issued By Us ................................................................................ 6 13. Notice of Cancellation to Certificate Holders .................................................................................................. 6 14. Contractual Liability Coverage For Personal And Advertising Injury .............................................................. 6 15. Insured Contract Definition.............................................................................................................................. 6 1. ALIENATED PREMISES COVERAGE Exclusion j. Damage To Property of Section I - Coverage A is amended as follows: a. The following exception to the exclusion is deleted: Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. b. This exception is replaced by the following: Paragraph (2) of this exclusion does not apply if the premises are "your work". 2. DAMAGE TO YOUR WORK A. Section I - Coverage A - Bodily Injury And Property Damage Liability, Paragraph 1. Insuring Agreement is amended to add the following: f. Damages because of "property damage" include damages the insured becomes legally obligated to pay because of "property damage" to "your work" or caused by "your work", and such "property damage" shall be deemed to be caused by an "occurrence", if not intended or expected from the standpoint of the insured, regardless of whether the "property damage" arises from breach of contract. B.Exclusion l. Damage To Your Work of Section I - Coverage A is replaced by the following: l. Damage to Your Work "Property damage" to that particular part of "your work" that must be restored, repaired or replaced because "your work" was incorrectly performed and included in the "products-completed operations hazard". This exclusion does not apply if the damaged work or the work performed incorrectly was performed on your behalf by a subcontractor. This Paragraph 2.B. does not apply if Exclusion l. Damage To Your Work has been otherwise modified by endorsement. 3. THAT PARTICULAR PART This Paragraph 3. applies to Exclusion j. Damage to Property, subparagraphs (5), and (6), Exclusion k. Damage to Your Product, and Exclusion l. Damage to Your Work. 9/19/2023Southern Contracting Company 72UEAPT0574 76381695 | SOUTHCON1 | 2023 GL CAU UMC WCO IM | Tien Le | 9/19/2023 4:31:57 PM (PST) | Page 8 of 24 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF Page 2 of 7 Form HS 24 50 12 20 When performing operations as a "general contractor", the term that particular part shall not mean the entire construction, improvement or renovation project. For purposes of this provision, the term "general contractor" means the contractor signing the prime construction contract for a construction, erection, improvement or renovation project and that has main responsibility for such project including hiring all of the subcontractors and suppliers. 4. CONTRACTORS LIMITED PROFESSIONAL LIABILITY The following exclusion is added to Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability,and to Paragraph 2.,Exclusions of Section I - Coverage B - Personal And Advertising Injury Liability: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. Professional services include: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (2) Supervisory or inspection activities performed as a part of any related architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. This exclusion does not apply to your operations in connection with construction work performed by you or on your behalf. However, this exception to the exclusion will not apply if you are in the business or profession of providing the professional services described above independent from the construction work performed by you or on your behalf. In the event this insurance applies to any injury, damage, loss, cost or expense covered by Professional Liability insurance issued by a company unaffiliated with us, then the insurance afforded under this Coverage Part is excess over such other valid and collectible Professional Liability insurance (including any deductible or self- insured retention portion thereof), and any other valid and collectible insurance available to the insured whether primary, excess, contingent or on any other basis. 5. PER PROJECT AND PER LOCATION GENERAL AGGREGATE LIMITS OF INSURANCE A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which can be attributed only to ongoing operations at a single "project" or a single "location"; 1. A separate Per Project General Aggregate Limit or a separate Per Location General Aggregate Limit applies to each "project" or "location", whichever is applicable. The Per Project General Aggregate Limit and Per Location Aggregate Limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Per Project General Aggregate Limit or the Per Location General Aggregate Limit, whichever applies, is the most we will pay for the sum of all damages under Coverage A. except damages because of "bodily injury" or "property damage" included in the "products-completed 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 reduce the Per Project General Aggregate Limit for that "project" or the Per Location General Aggregate for that "location", whichever applies. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, the Per Project General Aggregate Limit for any other "project", or the Per Location General Aggregate Limit for any other "location". 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of 76381695 | SOUTHCON1 | 2023 GL CAU UMC WCO IM | Tien Le | 9/19/2023 4:31:57 PM (PST) | Page 9 of 24 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF Form HS 24 50 12 20 Page 3 of 7 being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Per Project General Aggregate Limit if attributable only to ongoing operations at a single "project" or the Per Location General Aggregate if attributable only to ongoing operations at a single "location". B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A and for all medical expenses caused by accidents under Section I - Coverage C , which cannot be attributed only to ongoing operations at a single "project" or a single "location"; 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the 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 Per Project General Aggregate Limit or any Per Location General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit,or any Per Project General Aggregate Limit or any Per Location General Aggregate Limit. D. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. E. For the purposes of Paragraph 5., the following definitions apply: "Project" means a premises an insured does not own or rent and where such insured performs construction-related operations. Each "project" involving the same or connecting lots, or premises whose connection is separated by a street, roadway, waterway, railroad or right-of-way shall be considered a single "project". 1. If a "project" has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the "project" shall be considered a single "project". "Project" does not include a premises that is a "location". 2. "Location" means a premises an insured owns or rents and where such insured performs business operations other than construction-related operations. Each "location" involving the same or connecting lots, or premises whose connection is separated by a street, roadway, waterway or right-of-way railroad shall be considered a single "location." "Location" does not include a premises that is a "project". This provision does not apply if the Per Project and the Per Location General Aggregate Limit has been otherwise modified by endorsement. 6. MEDICAL PAYMENTS COVERAGE - INCLUDING PRODUCTS-COMPLETED OPERATIONS Paragraph 1.a. of the Insuring Agreement - Coverage C is replaced by the following: 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; (3) Because of your operations; or (4) Included within the definition of the "products-completed operations hazard;" provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. 7. INJURY TO EMPLOYEE'S REPUTATION WITH RESPECT TO INCIDENTAL MEDICAL MALPRACTICE A. The following is added to Paragraph 1.e. of the Insuring Agreement - Coverage A: (3) With respect to incidental medical malpractice, "bodily injury" includes damages claimed for injury to emotions or reputation of an "employee" arising out of the rendering or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic services. 76381695 | SOUTHCON1 | 2023 GL CAU UMC WCO IM | Tien Le | 9/19/2023 4:31:57 PM (PST) | Page 10 of 24 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF Page 4 of 7 Form HS 24 50 12 20 B. The following exclusion is added to Coverage B - Personal and Advertising Injury: "Personal and advertising injury arising out of the rendering or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic. 8. BODILY INJURY EMPLOYEE SUITS A. "Bodily injury" as listed in Paragraph 2.a.(1) of Section II -Who Is An Insured, does not apply to 2.a.(1)(a) through 2.a.(1)(c). B. Part a. of Paragraph 4. Nonowned Watercraft in Section II - Who Is An Insured does not apply. 9. CONSOLIDATED INSURANCE (WRAP-UP) PROGRAMS The following exclusion is added to Section I Coverage A: This insurance does not apply to any "bodily injury" or "property damage" arising out of any "wrap project or premises" where an insured under this policy is or was also an insured under one or more commercial general liability (CGL) policies (including any umbrella or excess policies that include the commercial general liability policy(ies) as underlying insurance) included within a "consolidated insurance (wrap-up) program." This exclusion applies even if the limits of insurance for such "consolidated insurance (wrap-up) program" are exhausted or not collected for any reason, including bankruptcy or insolvency of the insurer providing coverage for the "consolidated insurance (wrap-up) program". This exclusion also applies if the CGL coverage afforded under the "consolidated insurance (wrap-up) program" is narrower in scope than the coverage provided by this policy. This exclusion does not apply to: A. Products-Completed Operations Hazard Exception "Bodily injury" or "property damage" arising out of an “insured's operations” at or in connection with a "wrap project or premises" when such "bodily injury" or "property damage" commences after the "products-completed operations hazard" coverage or any completed operations extension coverage provided by the applicable "consolidated insurance (wrap-up) program" has ended or is no longer in effect. B. Off-Site Location Exception "Bodily injury" or "property damage" resulting from an “insured's operations” at or in connection with a "wrap project or premises" at a location to which the applicable "consolidated insurance (wrap-up) program" does not apply. C. Repair Work And Punch List Work Exception "Bodily injury" or "property damage" resulting from "repair work" or "punch list work" at a "wrap project or premises" but only when the applicable "consolidated insurance (wrap-up) program" does not apply or no longer applies to such "repair work" or "punch list work". This exception does not apply to the cost of performing such "repair work" or "punch list work", or to the "repair work" or "punch list work" itself. D. Additional Insured Extension "Bodily injury" or "property damage" for which you are solely an additional insured under the "consolidated insurance (wrap-up) program". The coverage provided under Paragraphs 9.A through 9.D. above is subject to all terms, conditions and exclusions of this policy. For purposes of Paragraph 9, the following definitions apply: "Consolidated insurance (wrap-up) program" means any agreement or arrangement, including any contractor-controlled, owner-controlled, project-specific or similar insurance program under which one or more contractor(s) working on a specified project are insured under one or more commercial general liability (CGL) policies (including any umbrella or excess policies that include the commercial general liability policy(ies) as underlying insurance) issued by a specified carrier for injury or damage arising out of operations conducted in connection with or necessary or incidental to the project. “Insured’s operations” means all operations performed by a named insured (and not sub- contracted or performed by others on the insured’s behalf). "Punch list work" means the “insured’s operations” at or in connection with a "wrap project or premises" in order to complete the work called for in an insured's contract for the "wrap project or premises". "Repair work" means the “insured’s operations” that are service, maintenance, correction, repair, replacement work, or periodic inspection performed by an insured at or in connection with a "wrap project or premises", in order to replace or repair an insured's completed work. ."Wrap project or premises" means any premises or construction, erection, improvement or renovation project subject to a "consolidated insurance (wrap-up) program". 10. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA- RELATED LIABILITY 76381695 | SOUTHCON1 | 2023 GL CAU UMC WCO IM | Tien Le | 9/19/2023 4:31:57 PM (PST) | Page 11 of 24 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF Form HS 24 50 12 20 Page 5 of 7 A.Exclusion p. of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: p. Access Or Disclosure Of Confidential Or Personal Information And Data- Related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to liability for damages because of "bodily injury". B.Exclusion w. of Section 1 - Coverage B - Personal and Advetising Injury is replaced by the following: : w.Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. C. The following Paragraph is added to Section III - Limits Of Insurance: Subject to Paragraph 5.Each Occurrence Limit, the most we will pay under Coverage A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence" is $100,000, unless modified by endorsement. D. The following definition is added to Section V - Definitions: "Electronic data" means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from; computer software, (including systems and applications software) hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. E. For the purposes of the coverage provided by this provision, the definition of "property damage" in Section V - Definitions is replaced by the following: "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. 11. SUPPLEMENTARY PAYMENTS In the Supplementary Payments - Coverages A and B provision: The limit for the cost of bail bonds is increased to $2,500. 76381695 | SOUTHCON1 | 2023 GL CAU UMC WCO IM | Tien Le | 9/19/2023 4:31:57 PM (PST) | Page 12 of 24 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF Page 6 of 7 Form HS 24 50 12 20 12. TWO OR MORE COVERAGE PARTS OR POLICIES ISSUED BY US If this policy and any other policy issued to an insured by us or any affiliated company provides coverage that applies to the same claim or damages, the maximum applicable limit(s) of liability or limit of insurance under all the policies will not exceed the highest applicable limit of liability or limit of insurance under any one policy. This condition does not apply to any policy issued by us or an affiliated company specifically written to apply as excess insurance over this policy. 13. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. 14. CONTRACTUAL LIABILITY COVERAGE FOR PERSONAL AND ADVERTISING INJURY Exclusion e. of SECTION I - COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY is replaced by the following: This insurance does not apply to: e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "personal and advertising injury" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "personal and advertising injury", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 15. INSURED CONTRACT DEFINITION a. INSURED CONTRACT-CONSTRUCTION OPERATIONS AND MUNICIPAL WORK Paragraph d. of the definition of ''insured contract'' in Section V - Definitions is deleted and replaced by the following: An obligation, as required by ordinance, to indemnify a municipality. b. CONTRACTUAL LIABILITY Paragraph f. of the definition of "insured contract" is deleted and replaced by the following: That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury", "property damage", or "personal and advertising injury" 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. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury", "property damage", or "personal and advertising injury" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing. However, 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: 76381695 | SOUTHCON1 | 2023 GL CAU UMC WCO IM | Tien Le | 9/19/2023 4:31:57 PM (PST) | Page 13 of 24 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF Form HS 24 50 12 20 Page 7 of 7 (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, 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; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. All other terms and conditions in the policy remain unchanged. 76381695 | SOUTHCON1 | 2023 GL CAU UMC WCO IM | Tien Le | 9/19/2023 4:31:57 PM (PST) | Page 14 of 24 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF CG 20 10 04 13 © ISO Properties, Inc., 2012 Page 1 of 2  POLICY NUMBER: Effective Date: COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 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 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 liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. 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 will not be broader than that which you are required by the contract or agreement to provide for such 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" occurring 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 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 intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Southern Contracting Company 72UEAPT0574 10/1/2023 9/19/2023 The City of Carlsbad/CMWD 76381695 | SOUTHCON1 | 2023 GL CAU UMC WCO IM | Tien Le | 9/19/2023 4:31:57 PM (PST) | Page 15 of 24 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF Page 2 of 2 © ISO Properties, Inc., 2012 CG 20 10 04 13 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 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 of Insurance shown in the Declarations. 76381695 | SOUTHCON1 | 2023 GL CAU UMC WCO IM | Tien Le | 9/19/2023 4:31:57 PM (PST) | Page 16 of 24 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 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) Or Organization(s) Location And Description Of Completed Operations 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 liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". 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 will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. 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 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 of Insurance shown in the Declarations. 9/19/2023Southern Contracting Company 72UEAPT0574 The City of Carlsbad/CMWD 76381695 | SOUTHCON1 | 2023 GL CAU UMC WCO IM | Tien Le | 9/19/2023 4:31:57 PM (PST) | Page 17 of 24 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF COMMERCIAL AUTOMOBILE HA 99 16 12 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form HA 99 16 12 21 Page 1 of 5 © 2021, The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED Paragraph .1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add the following: d. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. e. Employees as Insureds (1). Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. f. Lessors as Insureds (1). The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (a) The agreement requires you to provide direct primary insurance for the lessor and (b) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. g. Additional Insured if Required by Contract (1) When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (a) During the policy period, and (b) Subsequent to the execution of such written contract, and Southern Contracting Company 72UEAPT0696 10/01/2023 76381695 | SOUTHCON1 | 2023 GL CAU UMC WCO IM | Tien Le | 9/19/2023 4:31:57 PM (PST) | Page 18 of 24 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF Page 2 of 5 Form HA 99 16 12 21 (c) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS – OF SECTION IV – BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. 2. Primary and Non-Contributory if Required by Contract Only with respect to insurance provided to an additional insured in A.1.g. - Additional Insured If Required by Contract, the following provisions apply: (1) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (2} Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in SECTION IV- Business Auto Conditions, B. General Conditions, Other Insurance 5.d. 3. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The SECTION IV- Business Auto Conditions, B. General Conditions, 5. OTHER INSURANCE Condition is amended by adding the following: e. If an "employee’s" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee’s" personal insurance. 76381695 | SOUTHCON1 | 2023 GL CAU UMC WCO IM | Tien Le | 9/19/2023 4:31:57 PM (PST) | Page 19 of 24 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF Form HA 99 16 12 21 Page 3 of 5 4. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in-force covering all of your "employees". Coverage is excess over any other collectible insurance. 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 6. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 7. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 8. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 9. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b. Section III, Physical Damage Coverage, Limit of Insurance, Paragraph C.2. is amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: 76381695 | SOUTHCON1 | 2023 GL CAU UMC WCO IM | Tien Le | 9/19/2023 4:31:57 PM (PST) | Page 20 of 24 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF Page 4 of 5 Form HA 99 16 12 21 (1) 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; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 10. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 11. 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. 12. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 13. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" 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. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 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. 15. HIRED AUTO - COVERAGE TERRITORY SECTION IV, BUSINESS AUTO CONDITIONS, PARAGRAPH B. GENERAL CONDITIONS, 7. - POLICY PERIOD, COVERAGE TERRITORY - is added to include the following: (6) For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 16. WAIVER OF SUBROGATION Paragraph 5. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS A. Loss Conditions is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 17. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS, C. is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 18. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 76381695 | SOUTHCON1 | 2023 GL CAU UMC WCO IM | Tien Le | 9/19/2023 4:31:57 PM (PST) | Page 21 of 24 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF Form HA 99 16 12 21 Page 5 of 5 19. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non-hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non-hybrid" auto’s actual cash value or replacement cost, whichever is less, b. The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a. A "non-hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b. A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 20. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. 76381695 | SOUTHCON1 | 2023 GL CAU UMC WCO IM | Tien Le | 9/19/2023 4:31:57 PM (PST) | Page 22 of 24 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF PolicyNumber: EffectiveDate: EndorsementNumber: EffectivehouristhesameasstatedontheInformationPageofthepolicy. NamedInsuredandAddress: 2 ANYPERSONORORGANIZATION FROMWHOMYOUAREREQUIRED BYWRITTENCONTRACTOR AGREEMENTTOOBTAINTHIS WAIVEROFRIGHTSFROMUS. ASREQUIREDBYWRITTEN CONTRACT. ALLCALIFORNIALOCATIONS. THISENDORSEMENTCHANGESTHEPOLICY.PLEASEREADITCAREFULLY. Countersignedby AuthorizedRepresentative FormWC040306(1)PrintedinU.S.A. ProcessDate:PolicyExpirationDate: WAIVEROFOURRIGHTTORECOVERFROM OTHERSENDORSEMENT-CALIFORNIA Wehavetherighttorecoverourpaymentsfromanyoneliableforaninjurycoveredbythispolicy.Wewillnot enforceourrightagainstthepersonororganizationnamedintheSchedule.(Thisagreementappliesonlytothe extentthatyouperformworkunderawrittencontractthatrequiresyoutoobtainthisagreementfromus.) Youmustmaintainpayrollrecordsaccuratelysegregatingtheremunerationofyouremployeeswhileengagedin theworkdescribedintheSchedule. Theadditionalpremiumforthisendorsementshallbe%oftheCaliforniaworkers'compensation premiumotherwisedueonsuchremuneration. SCHEDULE PersonorOrganizationJobDescription 9/19/2023 72WEAZR3341 10/01/2023 10/01/2024 Southern Contracting CompanyP.O. Box 445San Marcos CA 92079 76381695 | SOUTHCON1 | 2023 GL CAU UMC WCO IM | Tien Le | 9/19/2023 4:31:57 PM (PST) | Page 23 of 24 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form WC 99 03 94 Printed in U.S.A. Process Date: Policy Expiration Date: © 2011, The Hartford NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number: Endorsement Number: Effective Date: Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for non-payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy’s term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. 9/19/2023 72WEAZR3341 10/1/2024 10/1/2023 Southern Contracting CompanyP.O. Box 445San Marcos CA 92079 76381695 | SOUTHCON1 | 2023 GL CAU UMC WCO IM | Tien Le | 9/19/2023 4:31:57 PM (PST) | Page 24 of 24 This certificate cancels and supersedes ALL previously issued certificates. DocuSign Envelope ID: A884B780-C6A0-4BA3-82AE-553308CC16AF