Loading...
HomeMy WebLinkAboutNissho of California Inc; 2017-08-03; PWM18-17TRANTracking#: PWM18-17TRAN CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT DOVE LIBRARY COURTYARD LANDSCAPING; CONT. NO. 4030 This agreement is made on the ,~ .,.f day of A--ve, v ~ + , 20__!1, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Nissho of California, Inc. whose principal place of business is 1902 South Santa Fe Avenue, Vista, CA 92083 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Steve Didier (City Project Manager) WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. DOVE LIBRARY COURTYARD LANDSCAPING; CONT. NO. 4030 Page 1 of 8 City Attorney Approved 9/27/2016 Tracking#: PWM18-17TRAN FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that deb9rment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcont or from participating in contract bidding. Signature: Print Name: REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than ........ $1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1,000,000 Property damage insurance in an amount of not less than ........ $1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (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. DOVE LIBRARY COURTYARD LANDSCAPING; CONT. NO. 4030 Page 2 of 8 City Attorney Approved 9/27/2016 Tracking#: PWM18-17TRAN INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within 5 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 10 working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. II II II II II II II Nissho of California, Inc. (name of Contractor) 598372 (Contractor's license number) C27, 7/31/2018 (license class. and exp. date) 1000018744 (DIR registration number) 6/30/2018 (DIR registration exp. date) DOVE LIBRARY COURTYARD LANDSCAPING; CONT. NO. 4030 Page 3 of8 1902 South Santa Fe Avenue (street address) Vista, CA 92083 (city/state/zip) 760-727 -9719 (telephone no.) 760-727-8707 (fax no.) tbaird@nisshoca.com (e-mail address) City Attorney Approved 9/27/2016 Tracking#: PWM18-17TRAN AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR By~ (sign here) -. ---:-:, {j -::::, f; . \o.,,·, t)!A~•...X l}~ Lo ~\:-,e...S.:t,K-:i'...t-ct- By: (print name/title) /~ &± 6,, 7 ~(,/ (sign here) (print name/title) 7 CITY OF CARLSBAD, a municipal corporation of the State of California By: ~1 If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .!!_§ corporation, Agreement 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: DOVE LIBRARY COURTYARD LANDSCAPING; CONT. NO. 4030 Page 4 of 8 City Attorney Approved 9/27/2016 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, ar d not the truthfulness, accuracy, or validity of that document. ~t<>to r.f Californi" ) ;;~~t~:f~ ... ..~ .. D i\?18 a ) , . On !lG 1 · Jo/ 7 before me, ,4-marda. LtJh_( A .JdtaD.; rDtJb/ 1 c: . Da e n ,. -~ . _ , . /-.'ere Insert Name and Title of the bfrir:;;er personally appeared _Lj _ _l{)L~ Ba LC d 01, nd {Je C-I \ e h 11 L Nnme(s) of Signer(s) ~~~Q~<f.'-"-/ ~W,_,_,__C\_,___-=_-=_-=_-=_-=_-=.-=._-:_-=------=--------~~_:::-~_.:::~~~~========-- who proved to me on the basis of satisf3.ctory evidance to be the person(s) whose name(s) )8/are sybscribed to the within instrument and acknowledged to me that ~/s~/they executed the same in hfslh/r!their authorized capacity(ies), and that by ~/ho/7their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, ,3xecuted the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of tho State of California that the foregoing paragraph is tru::i and correct. WIT~ESS ~d official~.___ __ _ S1gnc,tur~------~ ~ Signature of Notary Public OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: ___________________ Number of Pages: Signer(s) Other Than Named Above: ______ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ____ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact Cl Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ___________ _ Cl Other: _____________ _ Signer Is Representing: ______ _ Signer Is Representing: ________ _ ©2015 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Tracking#: PWM18-17TRAN EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor 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 sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to Business Name and Address DIR Registration License No., % of be Subcontracted No. Classification & Total Expiration Date Contract Total% Subcontracted: The Contractor must perform no less than fifty percent (50%) of the work with its own forces. DOVE LIBRARY COURTYARD LANDSCAPING; CONT. NO. 4030 Page 5 of8 City Attorney Approved 9/27/2016 Tracking#: PWM18-17TRAN EXHIBIT B Nissho of California will renovate the Dove Library Courtyard Landscaping. All work shall be performed in accordance with the attached landscaping plans and Contractor's proposal dated July 19, 2017. JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 $30.19 EACH 112 Miracle Grow Moisture Control potting mix $3,381.28 50qt bags. 2 $70.94 EACH 1 3/4" gravel mix $70.94 3 $18.74 EACH 5 Variegated Dianella (5 gallon) $93.70 4 $4.13 EACH 30 Carex Praegracilis (1 gallon) $123.90 5 $8.30 EACH 46 California Wild lilac (1 gallon) $381.80 6 $14.56 EACH 32 Blue Flax Lilly (1 gallon) $465.92 7 $9.39 EACH 160 Fish Hook Senecio (6" pots) $1,502.40 8 LUMP SUM Irrigation modifications and additions Included (materials) 9 LUMP SUM Prevailing wage labor $5,824.00 TOTAL* $12,059.19 *Includes taxes, fee's, expenses and all other costs. DOVE LIBRARY COURTYARD LANDSCAPING; CONT. NO. 4030 Page 6 of 8 City Attorney Approved 9/27/2016 Tracking#: PWM18-17TRAN Exhibit C NISSHO OF CALIFORNIA, INC. 1902 South Santa Fe Avenue, Vista, California 92083 Phone 760.727.9719 Fax 760.727.8706 License #598372 WORK ORDER Dove Library Courtyard Project Name 760 602-7539 Client Phone # Steve Didier Client Name Authorized by (Print) Authorized by (Sign) Date DETAILED DESCRIPTION OF WORK TO BE PERFORMED MATERIALS Miracle Grow Moisture control ard 3/4" Gravel Blue Flax Lil Fish Hook Senecio (6" Pots) Irr' alien Material LABOR GRAND TOTAL Nissho Internal Only (Maintenance Department) Tom Baird Project Manager (Print) Sales Rep Approval (Sign) irri ation QTY PRICE TOTAL 112 $30.19 $ 3,381.28 1 $70.94 $ 70.94 5 $18.74 $ 93.70 30 $ 4.13 $ 123.90 46 $ 8.30 $ 381.80 32 $14.56 $ 465.92 160 $ 9.39 $ 1,502.40 $ 215.25 HRS RATE TOTAL $ 5,824.00 $ $ 12,059.19 THESE SIGNATURES BELOW CERTIFY THAT THE AREAS HAVE BEEN THOROUGHLY INSPECTED BY THE UNDERSIGNED REPRESENTATIVE. IT HAS BEEN DETERMINED THAT THE INSTALLATION IS IN ACCORDANCE WITH THE PLANS OR THE AGREED UPO SPECIFICATIONS BY THE DEVELOPER/CLIENT AND NISSHO OF CALIFORNIA, INC. Nissho of California Representative Client Representative Print Print Sign Date Sign Date Page 7 of 8 II ~ II II II II II 11 @COURTYARD _:::::a:::;::a::::: SCJl)tlDT DtslON Oaou,. INC. ~·.1~,.,t~~~.:~'.:l'.:f.~W~rn~.~.~" •111•" 11nSl_..1.., ..... t.t1•1-.1-l•D'•t-.Ut-M'1~{'41)'J'-•4h ..._...,.fi,,J,JUn• _..._,_Wl4u•1-.-UC.U1tJl.11,101. UJ..ll)f Tracking#: PWM18-17TRAN '-J SCAlE: 111· • ,, Exhibit C DtANEUA T. 'IIAAIEGATA' -VARIEGATED DWELU. Sia: 5 Gallon Ouanfily:5 CAREX PRAEGRACIUS • CALIFORNIA FIELD SEDGE ExfstlnO to reme.ln. lnftl with displ1oad shrubs u netded. LANDSCAPE CONCEPT CEANOlHUS M. 'FROSTY DA-· CALlFORNIA IWLD LILAC Slztt: 1 Gallon @24· o.c. spacing Ot.enllty:40 DtANEUA C. 'CASSA BLUE'· BLUE flAX LILY Siza: 1GaRon 0..nttty:32 CARLSBAD DOVE LIBRARY COUR'IYARD RENOVATION CARLSBAD, CALIFORNIA Page 8 of 8 ~ Project Number: 15-108 Date: July 03, 2017 Client#· 9795 NISSCALI ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 5/24/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. --IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~!~cT Barbara Smith Marsh & Mclennan Agency LLC -- r..tJg,NJo, Ext): 858-457-3414 I eAX (A/C, No): Marsh & Mclennan Ins Agency LLC i~l~~ss, Barbara.Smith@barneyandbarney.com PO Box 85638; CA Lie #0H18131 INSURER(S) AFFORDING COVlcRAGE NAIC# San Diego, CA 92186 INSURER A, Indian Harbor Insurance Company 36940 \J INSURED INSURER B, StarStone National Insurance Co 25496 -..; Nissho of California, Inc. INSURER c: Depositors Insurance Company 42587 { 1902 S. Santa Fe Avenue ~ Vista, CA 92083 INSURERD: INSURER E: ---f-------· ·- INSURER F; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. A C X COMMERCIAL GENERAL LIABILITY ~D CLAIMS-MADE ~ OCCUR ------------- ~ ------------ GEN'L AGGREGATE LIMIT APPLIES PER: 7 POLICY lx1 j:g: n LOG il OTHER AUTOMOBILE LIABILITY - X ANY AUTO ----ALL OWNED SCHEDULED --AUTOS -AUTOS X X NON-OWNED HIRED AUTOS AUTOS -- X X ESG0049918 X X ACP3036640988 06/01/2017 06/01 /2018_f-E_AC_H_O_C_CU_R_R_EN=C=E __ +-$1~,-=-o-=-oo~,-=-o-=-oo~_--1 ~~~~@,~J?E~~JuErR.ncel $50,000 MED EXP (Anyone person) $EXCLUDED PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 -~ PRODUCTS-COMP/OPAGG $2,000,000 -~ 06/01/2017 06/01/2018 fE~~~~¼~~llNGLE LIMIT 1 000 000 ., $, '··- BODILY INJURY (Per person) $ t----------------~-- BODIL Y INJURY (Per accident) $ PROPERTY DAMAGE $ 1-'/~IPe=r~ac=c=id=en=t\~-----+----------~ $ 1---+-+------+-~~~---------,--+--+------------+-----+-----t----------t-------. --~ -UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ ~B-+-W-O~R_K_E_RS~C-O-M~P-EN_S_A~Tl~O=N ~----1----+--X-+-T-1-0-17_0_3_7_0 ______ -+0-6_/0_1_/_2_01-7---+--0-6-/0_1_/_20_1_18-+--X-~l~-fA-\_u_TE ___ l~l-~~-H--t------------- AND EMPLOYERS' LIABILITY y / N 1-~~~=~-~-~~-+-------·-- ANY PROPRIETOR/PARTNER/EXECUTIVE~ EL EACH ACCIDENT $1,000,000 ~ OFFICER/MEMBER EXCLUDED? L!'!J N / A ·--(Mandatory in NH) ~DISEASE -EA EMPLOYEE _$1 ,000,000 If yes, describe under __ __[)_§_~C:::RIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT $1,000,0QQ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: All operations performed by the named insured on behalf of the certificate holder. The City of Carlsbad, its Officials, employees and volunteers are named as additional insured with respect to General and Auto Liability, per attached endorsements. Coverage is Primary and Non-Contributory. Waiver of Subrogation applies to General Liability, Auto Liability and Workers Compensation. CERTIFICATE HOLDER CANCELLATION City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1635 Faraday Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad, CA 92008-0000 AUTHORIZED REPRESENTATIVE I ,e:;~~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1249216/M1248970 BONM INSURED: Nissho of California, Inc. POLICY#: ACP3036640988 POLICY PERIOD: 0610112017 TO 06I01I201s COMMERCIAL AUTO AC 01 01A 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ADVANTAGE ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. NEWLY ACQUIRED OR FORMED ENTITIES The Named Insured shown in the Declarations is amended to include any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority (more than 50%) interest; if there is no other similar insurance available to that organization. Covera~e under this provision is afforded until the 180 h day after you acquire or form the or- ganization or the end of the policy period, whi- chever is later. B. TEMPORARY SUBSTITUTE AUTOS PHYSICAL DAMAGE COVERAGE The following is added to paragraph C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of the -COVERED AUTOS SECTION: If Physical Damage Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Physi- cal Damage Coverage: Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e Destruction The coverage that applies is the same as the coverage provided for the vehicle being replaced. C. EMPLOYEES AS INSUREDS -NONOWNED AUTOS The following is added to paragraph A 1. Who Is An Insured of the LIABILITY COVERAGE SECTION d. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS BAIL BONDS Paragraph A.2.a. (2) of the LIABILITY COVERAGE SECTION is revised as follows: (2) Up to $2,500 for cost of bail bonds (in- cluding bonds for related traffic law vi- olations) required because of an "acci- dent' we cover. We do not have to furnish these bands. E. SUPPLEMENTARY PAYMENTS -LOSS OF EARNINGS Paragraph A2.a.(4) of the LIABILITY COVERAGE SECTION is revised as follows: (4) All reasonable expenses incurred by the "in- sured" at our request, including actual loss of earnings up to $500 a day because of time off from work. F. FELLOW EMPLOYEE OFFICERS, MANAGERS, AND SUPERVISORS Paragraph B.5.A Fellow Employee in the LIABILITY COVERAGE SECTION is replaced as follows, A "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the con- duct of your business. This exclusion does not apply to an "insured" who occupies a position as an officer, manager, or supervi- sor. G. PERSONAL EFFECTS AND PROPERTY OF OTHERS EXTENSION 1. Paragraph B.6. Care, Custody or Control of the LIABILITY COVERAGE SECTION, does not apply to "property damage" to property, other than your property, up to an amount AC 01 01A 03 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 3 AC 01 01A 0310 not exceeding $250 in any one "accident''. Coverage is excess over any other valid and collectible insurance. 2. The following paragraph is added to A.4. Coverage Extensions of the -PHYSICAL DAMAGE COVERAGE SECTION: c. We will pay up to $500 for your property that is lost or damaged as a result of a covered "loss", without applying a de- ductible. Coverage is excess over any other valid and collectible insurance. H. HIRED AUTO PHYSICAL DAMAGE If covered "auto" designation symbols 1,8,61 or 68 apply to Liability Coverage and if at least one "auto" you own is covered by this policy for Comprehensive, Specified Causes of Loss, or Collision coverages, then the Physical Damage coverages provided are extended to "autos" you lease, hire, rent or borrow without a driver; and provisions in the Business Auto Coverage Form applicable to Hired Auto Physical Damage ap- ply. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. Any Comprehensive deductible does not apply to fire or lightning. I. EXPANDED TOWING COVERAGE We will pay up to: 1. $100 for a covered "auto" you own of the private passenger type, or 2. $250 for a covered "auto" you own that is not of the private passenger type, for towing and labor costs incurred each time the covered "auto" is disabled. However, the la- bor must be performed at the place of disable- ment. This coverage applies only for an "auto" covered on this policy for Comprehensive or Specified Causes of Loss Coverage and Collision Cove- rages. J. AUTO LOAN OR LEASE COVERAGE 1. In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due 2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; 3) Security deposits not refunded by a lessor; 4) Costs of extended warranties, Cre- dit Life insurance, Health, Accident, or Disability insurance purchased with the lease; and 5) Carry-over balances from previous leases. 2. This coverage only applies to a "loss" which is also covered under this policy for Com- prehensive, Specified Causes of Loss, or Collision coverage. 3. Coverage does not apply to any unpaid amount due on a loan for which the covered "auto" is not the sole collateral. K. RENTAL REIMBURSEMENT COVERAGE 1. This coverage applies only to a covered "au- to" for which Physical Damage Coverage is provided on this policy. 2. We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. 3. We will pay only for those expenses in- curred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably re- quired to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. b. The number of days shown in the Sche- dule. on the loan or lease, including up to a max-4. Our payment is limited to the lesser of the imum of $500 for early termination fees or following amounts: penalties, for your covered "auto" less: 1. Necessary and actual expenses in- a. The amount paid under the -PHYSICAL curred. DAMAGE COVERAGE SECTION of this 2. $75 for any one day or for a maximum policy; and of 30 days. b. Any: 5. This coverage does not apply while there Page2 of 3 1) Overdue lease/loan payments at the are spare or reserve "autos" available to you time of the "loss"; for your operations. Includes copyrighted material of Insurance Services Office, Inc with its permission. AC 01 01A 0310 6. If "loss" results from the total theft of a cov- ered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement ex- penses which is not already provided for under the PHYSICAL DAMAGE COVERAGE Coverage Extension. 7. Coverage does not apply to any covered "auto" for which coverage is provided by en- dorsement form CA9923 on this policy. L. EXPANDED TRANSPORTATION EXPENSE Paragraph A.4.a. of the PHYSICAL DAMAGE COVERAGE SECTION is replaced by the fol- lowing: We will pay up to $50 per day to a maximum of $1000 for temporary transportation expense in- curred by you because of the total theft of a covered "auto" of the private passenger type. We will only pay for those covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage. We will pay for tem- porary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to us or we pay for its "loss". M. EXTRA EXPENSE -STOLEN AUTOS The following paragraph is added to Section A.4. of the -PHYSICAL DAMAGE COVERAGE SECTION: c. We will pay for up to $5,000 for the expense of returning a stolen covered "auto" to you. We will pay only for those covered "autos" for which you carry Comprehensive or Spe- cified Causes of Loss Coverage N. NEW VEHICLE REPLACEMENT COST The following is added to paragraph C.Limit of Insurance of the PHYSICAL DAMAGE COVERAGE SECTION: AC 01 01A 0310 5. The provisions of paragraphs 1.and 3. do not apply to a covered "auto" of the private passenger type or a vehicle with a gross ve- hicle weight of 20,000 pounds or less which is a new vehicle. In the event of a total "loss" to your new ve- hicle to which this coverage applies, we will pay at your option: a. The verifiable new vehicle purchase price you paid for your damaged ve- hicle, not including any insurance or warranties purchased; b. If it is available, the purchase price, as negotiated by us, of a new vehicle of the same make, model, and equipment or the most similar model available, not in- cluding any furnishings, parts, or equip- ment not installed by the manufacturer or manufacturers' dealership; or . c. The market value of your damaged ve- hicle, not including any furnishings, parts, or equipment not installed by the manufacturer or manufacturer's dealer- ship. We will not pay for initiation or set up costs associated with loans or leases In this endorsement, a new vehicle means an "auto" of which you are the original owner that has not been previously titled and which you purchased less than 365 days before the date of the "loss". 0. BLANKET WAIVER OF SUBROGATION The following is added to paragraph 5. Transfer Of Rights Of Recovery Against others To Us of -BUSINESS AUTO and MOTOR CARRIER CONDITIONS SECTIONS: We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" because of payments we make for damages under this coverage form. All terms and conditions of this policy apply unless modified by this endorsement. AC 01 01A 0310 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 3 INSURED: Nissho of California, Inc. POLICY #: ACP3036640988 POLICY PERIOD: 0610112011 TO 061011201a COMMERCIAL AUTO AC 01020310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. CHANGES FOR TRAILERS AND FARM EQUIPMENT 1 . Under the COVERED AUTOS SECTION, the following are added to Paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos: 4. "Trailers" designed to be towed by a pri- vate passenger type "auto" or a pickup, panel truck or van if not used for busi- ness purposes, other than farming or ranching. 5. Farm wagons or farm implements while being towed by a covered "auto". B. CHANGES FOR ADDITIONAL NEWLY ACQUIRED VEHICLES 2. Paragraph B.2 of the COVERED AUTOS SECTION is replaced by the following: 2. If Symbol(s) 7 or 67 is entered next to coverage in Item Two of the Declara- tions, an ·auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover at least one "auto" you own for that coverage or it rep- laces an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. The most we will pay for Physical Damage Coverage for "loss" under this Coverage Ex- tension is $100,000 per "auto", subject to the largest deductible applicable to any ·au- to" for that Coverage. C. BLANKET ADDITIONAL INSURED Any person or organization which you have agreed to name as an additional insured in a written contract, executed prior to an acci- dent, other than a contract for the lease or rental of a vehicle is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" un- der the Who Is An Insured Provision con- tained in the LIABILITY COVERAGE SECTION of the Coverage Form D. REPLACED EXCLUSIONS The Expected or Intended Injury Exclusion in the LIABILITY COVERAGE SECTION is replaced by the following: Expected or Intended Injury "Bodily injury" or "property damage" which is expected or intended by the "insured". This exclusion applies even if the resulting "bodi- ly injury" or "property damage": a. is of a different kind, quality or degree than initially expected or intended; or b. is sustained by a different person, entity, real property, or personal property than that initially expected or intended. E. ADDITIONAL EXCLUSIONS The following exclusions are added to the LIABILITY COVERAGE SECTION: Damage to Named lnsured's Property Any claim or "suit" for "property damage" by you or on your behalf against any other per- son or entity that is also a Named Insured under this policy. Abuse or Molestation "Bodily injury" or "property damage· arising out of: a. The actual or threatened abuse or molestation by anyone or any person while in the care, custody or control of any "insured", or b. The negligent 1) Employment; AC01020310 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4 AC 01020310 2) Investigation; 3) Supervision; 4) Reporting to the proper authorities, or failure to so report; or 5) Retention; of a person for whom any "insured" is or ever was legally responsible and whose conduct would be excluded by Para- graph a. above. Abuse means an act which is committed with the intent to cause harm. Explosives "Bodily injury" or "property damage" caused by the explosion of explosives you make, sell or transport. Rolling Stores If a covered "auto" is a rolling store, "bodily injury'' or "property damage" resulting from the handling, use or condition of any item the "insured" makes, sells or distributes if the injury or damage occurs after the "in- sured" has given up possession of the item. Wrong Dellvery of Liquid Products "Bodily injury" or "property damage" result- ing from the delivery of any liquid into the wrong receptacle or to the wrong address, or from the delivery of one liquid for another, if the "bodily injury" or "property damage" occurs after the delivery has been com- pleted. Delivery is considered completed even if fur- ther service or maintenance work, or corree- tion, repair or replacement is required be- cause of wrong delivery. Professional Services "Bodily injury": a. Resulting from the providing or the fail- ure to provide any medical or other pro- fessional services. b. Resulting from food or drink furnished with these services. "Bodily injury" or "property damage" result- ing from the handling of corpses. F. MOTOR HOME CONTENTS COVERAGE 1. For a covered "auto" that is a motor home the following exclusions are added to the PHYSICAL DAMAGE COVERAGE SECTION: Motor Home Contents This insurance does not apply to: a. "Loss" to the covered "auto's" contents, except equipment usual to trucks or pri- vate passenger "autos". b. "Loss" to TV antennas, awnings or ca- banas. c. "Loss" to equipment designed to create added living facilities. However, these exclusions do not apply if Miscellaneous Personal Property Coverage is provided by endorsement to this policy. G. ACCIDENTAL AIRBAG DISCHARGE COVERAGE Under Paragraph B.3.a. of the PHYSICAL DAMAGE SECTION, the following is added: Mechanical breakdown does not include the ac- cidental discharge of an airbag. H. PHYSICAL DAMAGE LIMIT OF INSURANCE Under PHYSICAL DAMAGE COVERAGE SECTION, Paragraph C., Limit of Insurance is replaced by the following: C. Limit Of Insurance 1 . The most we will pay for "loss" in any one "accidenr is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss", or b. The cost of repairing or replacing the damaged or stolen property. 2. $1,000 is the most we will pay for "loss" in any one "accidenr to all electronic equip- ment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the instal- lation of such equipment. b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or c. An integral part of such equipment. 3. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. AC 01020310 4. The cost of repairing or replacing may: a. Be based on an estimate which includes parts furnished by the original equip- ment manufacturer or other sources in- cluding non-original equipment manu- facturers and b. Include a deduction for betterment for a part or parts that are normally subject to repair or replacement during the useful life of the "auto", such as, but not limited to tires and batteries. Betterment means the difference be- tween the actual cash value of a part immediately before the "loss" and the cost to replace that part with a new part. 5. If we offer to pay the actual cash value of the damaged or stolen property, we will val- ue auto advertising wraps, paint customiza- tion, and similar business related advertising modifications, in addition to the actual cash value of the property. Auto advertising wraps, paint customization, and similar business related advertising modifications will be valued at the cost to replace them with an adjustment made for depreciation and physical condition. I. GLASS REPAIR-WAIVER OF DEDUCTIBLE Under Paragraph D. Deductible of the PHYSICAL DAMAGE COVERAGE SECTION, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. J. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS The requirement in Loss Condition 2.a. Duties In the Event Of Accident, Claim, Suit Or Loss -of the BUSINESS AUTO CONDITIONS SECTION and the MOTOR CARRIER CONDITIONS SECTION that you must notify us of an "acci- dent", "claim", ·suit", or "loss· applies only when the "accident", "claim", "suit", or "loss· is known to: 1. You, if you are an Individual 2. A partner, if you are a partnership; 3. An executive officer or the employee desig- nated by you to give such notice if you are a corporation; or AC 01020310 4. A member, if you are a limited liability com- pany. K. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS The BUSINESS AUTO CONDITIONS SECTION and MOTOR CARRIER CONDITIONS SECTION-8.2. are amended by the addition of the following: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect addi- tional premium or exercise our right of cancella- tion or nonrenewal. L. AUTOS HIRED OR RENTED BY EMPLOYEES If hired or rented "autos" are covered "autos" on this policy, the following provisions apply: A. Changes In Liability Coverage The following is added to the Who Is An In- sured Provision in the LIABILITY COVERAGE SECTION: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. B. Changes In General Conditions Paragraph 5.b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph 5.f.of the Other Insur- ance Condition in the Motor Carrier Cover- age Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "au- tos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee• under a contract In that individual "employee's" name, with your permission, while performing duties re- lated to the conduct of your business. However, any "auto· that is leased, hired, rented or borrowed with a driver is not a covered "auto". AC01020310 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4 AC 01020310 M. EMERGENCY LOCKOUT PRIVATE PASSENGER VEHICLES We will reimburse you up to $50 for reasonable expense incurred for the services of a locksmith to gain entry into your covered "auto" of the pri- vate passenger type subject to these provisions: 1. Your door key or key entry pad has been lost, stolen or locked in your covered "auto" and you are unable to enter such "auto" , or 2. Your key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry; and 3. Original copies of receipts for services of a locksmith must be provided before reim- burse ment is payable. N. LIBERALIZATION Paragraph 3, of the General Conditions is re- placed by the following: If we adopt any revision that would broaden the coverage under this policy without additional premium within 60 days prior to or during the policy period, the broadened coverage will im- mediately apply to this policy. All terms and conditions of this policy apply unless modified by this endorsement. Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. AC 01020310 INSURED: Nissho of California, Inc. POLICY#: ESG0049918 POLICY PERIOD: 06/0112017 TO: 06/01/2018 COMMERCIAL GENERAL LIABILITY CG 20100413 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 Location(s) Of Covarad Operations Oraanization(s): Where Required By Written Contract Where Required By Written Contract 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 lo 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. C. 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 2010 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 INSURED: Nissho of California, Inc. POLICY #: ESG0049918 POLICY PERIOD: 0610112011 TO: 06/01/2018 COMMERCIAL GENERAL LIABILITY CG 20 370413 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) Or Location And Description Of Completed Organizatlon(s): Ooeratlons Where Required By Written Contract Where Required By Written Contract lnfonnation 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 Page 1 of 1 ./ INSURED: Nissho of California, Inc. POLICY#: ESG0049918 POLICY PERIOD: 0610112017 TO: 061011201a COMMERCIAL GENERAL LIABILITY CG 24 040509 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: Blanket as required by written contract. Information reouired to complete this Schedule, ii 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 ol Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 040509 © Insurance Services Office, Inc., 2008 Page 1 of 1 INSURED: Nissho of California, Inc. POLICY#: T10170370 POLICY PERIOD: 0610112017 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA TO: 0610112013 WC040306 (Ed. 4-84) 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be • % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description WHERE YOU ARE REQUIRED BY WRITTEN CONTRACT TO OBTAIN THIS AGREEMENT FROM US, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. ·The premium charge for this endorsement shall be 2% of the premium developed in the Stale of California. but not less than $500 policy minimum premium. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise slated. (The lnfonnatlon below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective Insured Insurance Company WC040306 (Ed. 4-84) 06/01/16 Policy No. T10160370 Nissho of California Inc StarStone National Insurance Company Countersigned By @1998 by the Workers· Compensation Insurance RaUng Bureau of California. All rights reserved. Endorsement No. 10 Policy Effective Date 06/01i16 INSURED: Nissho of California, Inc. POLICY#: ESG0049918 POLICY PERIOD: 0610112017 TO: 061011201s THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT (WITH TOT Al AGGREGATE LIMIT FOR All DESIGNATED COHSTRUCTION PROJECT(S)) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: All proit-'Cts of the insured where rt.>quired by written contract (If no entry appears above. infoonation required to canpCete this endorsement will be shown in the Declarations as applicable to this endoro'..ement.) A. For all sums Ythich the insured becomes legally obligated to pay as damages caused by '"occurrences· under SECTION I -COVERAGES, COVERAGE A -BOOIL Y INJURY ANO PROPERTY DAMAGE, and for all medical expenses caused by accidents under SECTION I -COVERAGES, COVERAGE C - MEDICAL PAYMENTS, which can be attributed only to ongoing operations at a single designated construction project sho'Ml in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate limit shown in the Declarations. 2. The Designated Construction Project General Aggregate limit is the most we wilt pay for the sum of all damages under Coverage A. except damages because of "'bodily injury" or "'property damage· included in the •proc1ucts-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 orgarnzations making cfaims or bringing ·suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate limit for any other designated construction project shown in the Schedule above. SLC 0151113 © 2013 X.L. America, Inc. All Rights Reserved. Page 1 of 2 May not be copied without pennission. Includes copyrighted material of Insurance Services Offices, Inc., with its permission. 4. The limits sholNl'l in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Deciarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit B. For all sums v.hich the insured becon1es legally obfigated to pay as damages caused by ·occurrences· under SECTION I -COVERAGES, COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE, and for all medical expenses caused by accidents under SECTION I -COVERAGES. COVERAGE C - MEDICAL PAYMENTS, 'Which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit c. When coverage for liability arising out of the "products-completed operations hazard" is provided. any payments for damages because of ·bodily injury" or Qproperty damage• induded in the •proctucts-completed operations hazaro• will reduce the Products-Completed Operations Aggregate Limit. and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted. or if the authorized contracting parties deviate from pans, blueprints, designs, specifications or timetables. the prqed v,,11 still be deemed to be the same construction prtject. E. The provisions of SECTION Ill -LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to appy as stipulated. F. Notwithstanding the foregoing or any other provision of this pohcy or any endorsement attached thereto. the most we will pay under the Designated Construction Project General Aggregate Limit for all Designated Construction Projects combined is _ss.000.000_. AU other terms and conditions of this policy remain unchanged. SLC 015 1113 © 2013 X.L America, Inc. All Rights Reserved. Page 2 of 2 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc .. with its pennission. INSURED: NisshoofCalifornia, Inc. POLICY#: ESG0049918 POLICY PERIOD: ENDORSEMENT 06/01/2017 TO 061011201s THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY WORDING (AS REQUIRED BY WRITTEN CONTRACT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following additional provisions apply to any person or entity added as an additional insured by endorsement to this policy: 1. Solely to the extent required by a written contract which the Named Insured enters into prior to an "occurrence" or offense for which the additional insured is provided coverage under this policy: a. This policy shall apply as primary insurance in relation to any other policy issued to that additional insured. b. Any insurance or self insurance maintained by the additional insured shall be excess of the insurance afforded to the additional insured by this policy and shall not contribute to it. SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, is modified to the extent it is inconsistent with this endorsement. 2. In no event shall this Endorsement be construed as increasing the limits of insurance set forth in the Declarations page or altering the rules which fix the most we will pay set forth in SECTION Ill -LIMITS OF INSURANCE. 3. Notwithstanding any other provision of this policy or any endorsement attached thereto, no coverage shall be afforded under this policy for any loss, cost or expense arising out of the sole negligence of any additional insured or any person or organization acting on behalf of any additional insured. All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc., with its permission. SLC 016 0912 © 2012 XL America, Inc. All Rights Reserved. May not be copied without permission.