Loading...
HomeMy WebLinkAboutPacific Coast Glazing Inc; 2024-07-22; PWM24-3478FACDocusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 22nd July PWM24-3478FAC CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT POLICE AND FIRE HEADQUARTERS LOBBY COUNTER SPEAKER INSTALLATION; CONT. NO. 4715 This contract is made on the ______ day of----------~ 2024 ("Contract"), by the City of Carlsbad, California, a municipal corporation ("City") and Pacific Coast Glazing, Inc., a California corporation, whose principal place of business is 9767 Aspen Creek Court, San Diego, California 92126 ("Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"}. PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, as contained in the Standard Specifications for Public Works Construction "Greenbook," latest edition and including all errata; Part 1 General Provisions, addendum(s} to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by Steven Stewart (City Project Manager}. PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. PREVAILING WAGE RATES. Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Contract constitute "public works" under California Labor Code Section 1720 et seq., and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773 and 1773.1 of the California Labor Code. Consistent with the requirement of Section 1773.2 of the California Labor code, a current copy of applicable wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Contract. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which requires keeping accurate payroll records, verifying and PFHQ-Lobby Counter Speaker Installation -Cont. No. 4715 Page 1 City Attorney Approved 6/5/24 Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 PWM24-3478FAC certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Labor Code Section 1776. DIR REGISTRATION. California Labor Code Section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Contract to be currently registered with the '· California Department of Industrial Relations ('DIR'), as specified in Labor Code Section 1725.5. Labor Code Section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or sub.consultant under this Contract, Contractor must furnish the City with the subcontractor or subconsultant's current DIR registration number. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATION. Contractor's vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs /advanced-clean-fleets. CALIFORNIA AIR RESOURCES BOARD (CARB) IN-USE OFF-ROAD DIESEL FUELED FLEETS REGULATION. Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. More information about the requirements and Contractor's required certification is provided in Exhibit D. CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System. This project may utilize the Owner's Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non- productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training/ tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the on line training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.a pple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com /store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFls, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and PFHQ -Lobby Counter Speaker Installation -Cont. No. 4715 Page 2 City Attorney Approved 6/5/24 Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 PWM24-3478FAC productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this Contract and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five (5) years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subco bidding. Signature: Print Name: Adam T. Posik REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance 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. Property damage insurance in an amount of not less than ........ $2,000,000 Automobile Liability Insurance in the amount of $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. PFHQ-Lobby Counter Speaker Installation -Cont. No. 4715 Page 3 City Attorney Approved 6/5/24 Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 PWM24-3478FAC The above policies shall have non-cancellation clauses providing that 30 days written notice shall be given to the City prior to such cancellation . The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims; loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. THIRD PARTY RIGHTS. Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. JURISDICTION AND VENUE. This Agreement shall be interpreted in accordance with the laws of the State of California. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Contract is San Diego County, California. Start Work: Contractor agrees to start within five (S) working days after receipt of Notice to Proceed . Completion: Contractor agrees to complete work within sixty (60) working days after receipt of Notice to Ill Ill Ill Ill Ill Ill Proceed. PFHQ -Lobby Counter Speaker Installation -Cont. No. 4715 Page4 City Attorney Approved 6/5/24 Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 CONTRACTOR'S INFORMATION. Pacific Coast Glazing, Inc. (name of Contractor) 938152 (Contractor's license number) C-17 9/30/2025 (license class. and exp. date) 1000006231 6/30/2025 (DIR registration number/exp. date) PWM24-3478FAC 9767 Aspen Creek Court (street address) San Diego, CA 92126 (city/state/zip) 619-279-5000 (telephone no.) Joe@pacificcoastglazing.com (e-mail address) AUTHORITY. The individuals executing this Contract 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 Contract. [signatures on following page] PFHQ -Lobby Counter Speaker Installation -Cont. No. 4715 Page S City Attorney Approved 6/5/24 Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 CONTRACTOR PACIFIC COAST GLAZING, INC., a California corporation By: (sign here) Adam T. Posik, President (print name, title) Elizabeth Ann Alto-Posik, Chief Financial Officer (print name, title) PWM24-34 78FAC CITY OF CARLSBAD, a municipal corporation of the State of California By: Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager ATTEST: SHERRY FREISINGER, City Clerk By: j~ ~ ~ ~ Deputy City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. !f...£ corporation, Contract must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: ----~-·_1AA,____,f¾,..;_;~""'-'-'...;._~...;.__ __ Assistant City Attorney PFHQ -Lobby Counter Speaker Installation -Cont. No. 4715 Page 6 City Attorney Approved 6/5/24 Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 PWM24-3478FAC EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each subcontractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each subcontractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Type of Work Business Name and Address DIR Registration No. License No., %of to be & Expiration Date Classification Total Subcontracted & Expiration Contract Date - Total % Subcontracted: ---'-;flt __ fl_n-'-',e...---- The Contractor must perform no less than 50% of the work with its own forces. PFHQ -Lobby Counter Speaker Installation -Cont. No. 4715 Page 7 City Attorney Approved 6/5/24 Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 PWM24-3478FAC EXHIBIT B Police and Fire Headquarters -Lobby Counter Speaker Installation Remove and reinstall panels, install speakers all as outlined in the attached quote dated June 24, 2024. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Remove and reinstall two (2) bullet proof panels $9,828.00 2 EA 1 Replace first panel due to accidental damage 8,080.00 3 EA 1 Replace second panel due to accidental damage 8,080.00 4 Lot 1 Labor and Materials Bond $389.82 Total Proposal Price $26,377.82 *Includes taxes, fees, expenses and all other costs. PFHQ -Lobby Counter Speaker Installation -Cont. No. 4715 Page8 City Attorney Approved 6/5/24 Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 JUNE 24, 2024 To: CITY OF CARLSBAD REFERENCE: CARLSBAD POLICE STATION SPEAK THRU ADD LOCATION: 2560 ORION WAY. CARLSBAD, CA 92010 81D PROPOSAL PACIFIC COAST GLAZING, INC. PROPOSES TO PERFORM THE FOLLOWING SCOPE. THIS PROPOSAL IS TO BECOME PART OF ANY CONTRACT OR PURCHASE ORDER ISSUED. DIR# 1000006231 SCOPE OF WORK: 1.) REMOVE (2) 30" X 78" EXISTING 1 ¼" THICK BULLET RESISTANT PANELS, PSA24-34 78FAC Exhibit "B" (Cont.) 9767 Aspen Creek Court San Diego, CA 92126 Phone: (619) 279-5000 Fax: (619) 704-0824 License: C-17 #938152 MODIFY PANELS AS REQUIRED TO FURNISH AND INSTALL (2) LEVEL 3 ROUND STAINLESS STEEL SPEAK THRU AT EXISTING PANELS, PER THE MANUFACTURERS RECOMMENDED PROCESS, REINSTALL EXISTING PANELS WITH NEW SPEAK THRU ATTACHED, SPEAK THRU TO BE MOUNTED AT HEIGHT OF 60" AFF, 48" AFF AT ADA COUNTER NOT RESPONSIBLE TO REPLACE OR REPAIR EXISTING MATERIAL DUE TO ACCIDENTAL DAMAGE DURING REMOVAL, FABRICATING, OR REINSTALLATION OF PANELS VERIFY MOUNTING HEIGHT OF SPEAK THRU PRIOR TO SCHEDULING PRICED TO PERFORM SCOPE ON SATURDAY PRICED FOR PREVAILING WAGES, SEE DIR# ABOVE PRICE .................. $ 9,828.00 ALTERNATE: REPLACE (1) 30" WIDE PANEL DUE TO DAMAGE DURING REMOVAL, MODIFICATION, OR REINSTALLATION OF. PRICE .................. $ 8,080.00 PER PANEL DIR# IS VALID FROM 07 /01/22-06/30/25 CONTRACTOR LICENSE IS VALID FROM 10/01/23-09/30/25 OUR BOND RATE IS 1.5% PROPOSAL VALID FOR 30 DAYS EXCLUSIONS: FINAL CLEANING OR WASHING; POST-INSTALLATION PROTECTION; AFTER HOUR OR OVERTIME WORK; COST OF BOND OR PERMITS; SHOP DRAWINGS, CALC'S AND ENGINEERING; REPLACING/REPAIRING DAMAGE MATERIAL DUE TO REMOVAL, MODIFICATION, AND REINSTALLATION OF BULLET RESISTANT PANELS; BILLING COSTS FOR PROGRAMS SUCH AS TEXTURA, ANY WORK OTHER THAN DESCRIBED HEREIN. THE ABOVE PRICES, SPECIFICATIONS AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED, YOU ARE AUTHORIZED TO DO THE WORK AS SPECIFIED. DATE _____________ SIGNATURE ___________ _ SUBMITTED BY: JOSEPH SHATTUCK "An Equal Opportunity Employer" www .pacificcoastglazing.com Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 BOND NUMBER: 024275290 BOND PREMIUM: $317.00 BOND EXECUTED IN DUPLICATE EXHIBIT C LABOR AND MATERIALS BOND PWM24-3478FAC WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Pacific Coast Glazing, Inc. (hereinafter designated as the "Principal"), a Contract for: POLICE AND FIRE HEADQUARTERS -LOBBY COUNTER SPEAKER INSTALLATION CONTRACT NO. 4715 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, PACIFIC COAST GLAZING, INC., as Principal, (hereinafter designated as the "Contractor"), and The Ohio Casualty Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of twenty-six thousand three hundred seventy-seven dollars and eighty-two cents ($26,377.82), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. PFHQ-Lobby Counter Speaker Installation -Cont. No. 4715 Page 9 City Attorney Approved 6/5/24 Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 PWM24-3478FAC This labor and materials bond may be approved as to form by the City Attorney for the City in counterpart, and the counterparts shall all constitute a single, original instrument. SIGNED AND SEALED, this 2nd day of ___ =Ju=!....._ _______ ___, 2024. _P_a_ci_fi_c _Co_a_s_t _G_la_zi_n"'""g,_l_nc_. _____ (SEAL) The Ohio Casualty Insurance Companv(SEAL) .~)/» (Surety) By:______,.&~_, .......... ~~------ByG4 ½ Q_ . (Signature) Terah Lane, Attorney-ln-Fact(S1gnature) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON City Attorney By: Assistant City Attorney PFHQ -Lobby Counter Speaker Installation -Cont. No. 4715 Page 10 City Attorney Approved 6/5/24 Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California ) County of_O_r_a_n=ge __________ ) before me, _______ L_e~ig_h_M_c_D_o_n_o_u~g~h _____ ~ Notary Public, personally appeared Terah Lane Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s-) whose name(s-) is/are subscribed to the within instrument and acknowledged to me that he/she/t:hey executed the same in lmlher/thei-r-authorized capacity(ies), and that by his/her/their signature(-s:) on the instrument the person(-s-), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OPTIONAL Though the infonnation below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document:-------------------------------- Document Date: _________________ Number of Pages: ___________ _ Signer(s) Other Than Named Above: _________________________ _ Capacity(ies) Claimed by Signer(s) Capacity(ies) Claimed by Signer(s) Signer's Name: Terah Lane Signer's Name: D Individual □ Individual D Corporate Officer -Title(s): □ Corporate Officer -Title(s): □ Partner: □Limited D General □ Partner: □Limited D General ~ Attorney in Fact □ Attorney in Fact □ Trustee □ Trustee □ Guardian or Conservator □ Guardian or Conservator □ Other: □ Other: Signer Is Representing: __________ _ Signer Is Representing: __________ _ Rev. 1-15 Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 ~Liberl): \P Mutual. SURETY ... ,v. v••v• v• .... v, .. v, ....... v ... v vv-of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8211253-977 460 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Jessica Alvarado, Jeri Apodaca, Kevin Cathcart, Vanessa Copeland, Maria Guise, Terah Lane, Kim Luu, Leigh McDonough, Michael D. Parizino, Lisa Pellerito, Rachelle Rheault, Mark Richardson, Heather Saltarelli, James Schaller all of the city of Irvine state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this~ day of January , 2024 . Liberty Mutual Insurance Company The Ohio Casualty Insurance Company I .,,~2m""' :{§ -~ David M. Carey, Assistant Secretary g-] 'i5 ~ State of PENNSYLVANIA ss -~ E ~ rn County of MONTGOMERY .Q ~ ~ On this 24th day of JanuBTV , 2024 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 1§ a> ~ ro Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes ~ g 2 _::: therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~ ...,,. ...... ro ...... ~ :::::i IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. ~ gi i~ 0 ~ ----------~ -:r: _ Commonwealth of Pennsylvania -Notary Seal >,...... Q)-0 Teresa Pastella, Notary Public ,,;-.....,_ d ~ "iii ....., Q) Montgomery County {IJ J ~ _ , _ 1 // -I-.! I '-E 0....., ~ _ My commission expires March 28, 2025 By: ..... ~~-----~--------------,:8 a>._ (l)c::_.....,~ ~ -•~~.r. Commission number 1126044 TeresaPastetta, Notary Public <C._ 0 _,;i ~ Member, Pennsylvania Association of Notanes 0)(1) '4R'f ~ oO ro~ ... ~ .g> 2 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual ~ a;> Eo £ Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ~ ~ -co ._ 2 ARTICLE IV -OFFICERS: Section 12. Power of Attorney. 5 0 .E ~ Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the =i:; T"" ;g u President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety ~ ~ ro c:: any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall ,:, ~ _:; ~ have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such a a> ~ a instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the ~ ~ provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. if~ ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- tact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing i:; a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this~ day of July , 2024 . o-~.~ By:=-~~-=-,,-,--.....,,---,-....,...,.....,....,,-.,...--------Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02/21 Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 PWM24-3478FAC EXHIBIT D In-Use Off-Road Diesel-Fueled Fleet Regulation Requirements CARB implemented amendments to the In-Use Off-Road Diesel Fueled Fleets Regulations that apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. More information about the requirements can be found at https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled-fleets-regulation Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. The City is a "Public Works Awarding Body," as that term is defined under Title 13 California Code of Regulations Section 2449(c)(46). Accordingly, the Contractor must submit, with their pre-award contract documents, valid Certificates of Reported Compliance (CRC)for the Contractor's fleet, and for the fleets of any listed subcontractors (including any applicable leased equipment or vehicles). Failure to provide a valid CRC, will limit the city's ability to proceed with awarding this Contract. Contractor has an on-going obligation for term of this Agreement to provide copies of Contractor's, as well as all listed subcontractors, most recent CRC issued by CARB. Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor's and subcontractors' fleet including, without limitation, CRC, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice from the City. PFHQ -Lobby Counter Speaker Installation -Cont. No. 4715 Page 11 City Attorney Approved 6/5/24 Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 PWM24-34 78FAC EXHIBIT D (CONT.) IN-USE OFF-ROAD DIESEL-FUELED FLEET REGULATION CERTIFICATION Contractor hereby acknowledges that they have reviewed the CAR B's policies, rules and regulations and are familiar with the requirements of In-Use Off-Road Diesel-Fueled Fleet Regulation. Contractor hereby certifies, subject to the penalty of perjury, that the option checked below relating to the Contractor's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct: D The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. D The Fleet is exempt from the Regulation under Section 2449.l(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. D Contractor and/or their subcontractor is unable to procure R99 or RlOO renewable diesel fuel as defined in the Regulation pursuant to Section 2449.l(f)(3). Contractor shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids). D The Fleet is exempt from the requirements of the Regulation pursuant to Section 2449(i)(4) because this Project has been deemed an "emergency", as that term is defined in Section 2449(c)(18). Contractor shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to Section 2449(i)(4). ~ The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is attached to this certification. Name: Adam T. Posik Title: President Date: PFHQ -Lobby Counter Speaker Installation -Cont. No. 4715 Page 12 City Attorney Approved 6/5/24 Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 l Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 7/10/2024 Arthur J. Gallagher Risk Management Services, LLC2747 University AveSan Diego CA 92104 619-295-5155 619-291-0912 CertRequests@ajg.com Mesa Underwriters Specialty Insurance Co 36838 Travelers Casualty Insurance Co of America 19046Pacific Coast Glazing, Inc.9767 Aspen Creek CourtSan Diego CA 92126 Insurance Company of the West 27847 Ohio Security Insurance Company 24082 1227637145 A X 1,000,000 X 100,000 X CONTRACTUAL LIAB 10,000 1,000,000 2,000,000 X Y Y MP010401800009907 12/6/2023 12/6/2024 2,000,000 B 1,000,000 X Y Y BA7N676489 11/12/2023 11/12/2024 Total Pollution A X 5,000,000MX010401800001012/6/2023 12/6/2024 5,000,000 C X Y Y WVE505356904 2/1/2024 2/1/2025 1,000,000 1,000,000 1,000,000 D INLAND MARINE BKS55935000 4/29/2024 4/29/2025 See In Description *10 days notice of cancellation applies for non-payment of premium. *30 days written notice of cancellation for all other reasons. INLAND MARINE LEASED/RENTED EQUIPMENT : $100,000 DED : $1,000See Attached... City of Carlsbad/CMWD1635 Faraday AveCarlsbad CA 92008 Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 ACORD® I ~ I ~ □ □ ~ ~ Fl □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: 1 1 Arthur J. Gallagher Risk Management Services, LLC Pacific Coast Glazing, Inc.9767 Aspen Creek CourtSan Diego CA 92126 25 CERTIFICATE OF LIABILITY INSURANCE City of Carlsbad /CMWD are included as Additional Insured with respects to General Liability, Auto Liability & Waiver of Subrogation with respects to the GeneralLiability, Auto Liability Worker's Compensation. Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 I Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -BLANKET WC 990634 (Ed. 8-00) 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 % of the total California Workers' Compensation premium otherwise due. Schedule Person or Organization ANY PERSON/ORGANIZATION FOR WHOM THE NAMED INSURED IS REQUIRED UNDER WRITTEN CONTRACT TO FURNISH THIS WAIVER. Job Description ALL CALIFORNIA OPERATIONS This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. {The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 02/01/2024 Policy No. WVE 5053569 04 Insured PACIFIC COAST GLAZING INC Insurance Company INSURANCE COMPANY OF THE WEST Countersigned By WC 990634 {Ed. 8-00) INSURED Endorsement No. Premium $ INCL . -------------- Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 POLICY NUMBER:MP010401800009907 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written contract or agreement signed prior to date of loss. It is agreed upon to carry over. 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 Sec- tion 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-com- pleted operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 240405 09 © Insurance Services Office, Inc., 2008 Insured Copy Page 1 of 1 Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 POLICY NUMBER:MP010401800009907 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 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) OrO As required by written contract or agreement signed prior to date of loss. 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 Ill -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. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Insured Copy Page 1 of 1 Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 MESA UNDERWRITERS SPECIAL TY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Al -PRIMARY NON-CONTRIBUTORY - WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Blanket Additional Insureds -As Required By Contract A. Subject to the Primary and Non-Contributory provision set forth in this endorsement, SECTION II -WHO IS AN INSURED is amended to include as an additional insured any person or organization whom you have agreed in a written contract, written agreement or written permit 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" or "property damage" or, to the extent applicable under the Coverage Part to which th is endorsement applies, "personal and advertising injury" caused, in whole or in part, by: 1. Your ongoing operations, "your product", or premises owned or used by you; With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services by or for you, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrong-doing 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, to the extent applicable under the Coverage Part to which this endorsement applies, the offense which caused the "personal and advertising injury", involved the rendering of, or failure to render, any professional architectural, engineering or surveying services. 2. Your maintenance, operation or use of equipment, other than aircraft, "auto" or watercraft, rented or leased to you by such person or organization. A person or organization's status as an additional insured under this endorsement ends when their contract, or agreement with you for such rented or leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the rental agreement or equipment lease expires. The provisions of this coverage extension do not apply unless the written contract or written agreement has been executed (executed means signed by the named insured) or written permit issued prior to the "bodily injury" or "property damage" or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury". MUS 01 01 20128 0316 Insured Copy Page 1 of 2 Docusign Envelope ID: 5F8469BB-605A-4D79-B88E-4493157C5DA7 Primary and Non-Contributory Provision The following is added to Paragraph 4. Other Insurance, b. Excess Insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance shall be excess with respect to any person or organization included as an additional insured under this policy, any other insurance that person or organization has shall be primary with respect to this insurance, unless: 1) The additional insured is a Named Insured under such other insurance; 2) You have agreed in a written contract, written agreement or written permit to include that additional insured on your General Liability policy on a primary and/or non-contributory basis; and 3) The written contract or written agreement has been executed (executed means signed by the named insured) or written permit issued prior to the "bodily injury" or "property damage" or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury". Waiver Of Transfer Of Rights Of Recovery The following is added to Paragraph 8. Transfer of Rights Of Recovery Against Others To Us under SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: We will waive any right of recovery we may have against a person or organization because of payments we make for "bodily injury" or "property damage" arising out of your ongoing operations or "your work" done under a written contract or written agreement and included in the "products-completed operations hazard", if: 1. You have agreed to waive any right of recovery against that person or organization in a written contract or written agreement; 2. Such person or organization is an additional insured on your policy; or 3. You have assumed the liability of that person or organization in that same contract, and it is an "insured contract". The section above only applies to that person or organization identified above, and only if the "bodily injury" or "property damage" occurs subsequent to the execution of the written contract or written agreement. All other terms and conditions of this policy remain unchanged. MUS 01 01 20128 0316 Page 2 of 2