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HomeMy WebLinkAboutStatewide Stripes inc; 2017-08-10; PWL18-30TRANTRACKING #PWL18-30TRAN CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT SIGNING AND MARKING CHANGES AT EL FUERTE ST. AND CORINTIA ST.: CONTRACT 6001 This letter will serve as an agreement between Statewide Stripes, a California corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to perform signing and marking changes to allow U-turns at southbound El Fuerte St. and Corintia St. per Exhibit "A", and City specifications, for a sum not to exceed three thousand two hundred thirty-seven dollars ($3,237). This work is to be completed within three (3) working days after issuance of a Purchase Order. ADDITIONAL REQUIREMENTS 1. City of Carlsbad Business License. 2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its agents, officers, officials, employees, and volunteers 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 this Contract or work; or from any failure or alleged failure of the contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a combined policy of workers compensation and Employers' Liability in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the Risk Manager or the City Manager. Said 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. Insurance is 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. Proof of all such insurance shall be given by filing certificates of insurance with contracting department prior to the signing of the contract by the City. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues, Ordinances and Regulations, including Workers Compensation laws (Division 4 California Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101 through 1525), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract. 5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Gove5~ Code sections 12650, et seq , and Carlsbad Municipal Code Sections 3.32.025, et seq. · init fM init 6. The Contractor hereby ac nowledges that debarment by another jurisdiction 5rounds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. initS'/1:7 init 7. The Contractor agrees and hereby stipulates that the proper venue and jurisdicti n for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Signing and Marking Changes at El Fuerte St. and Corintia St. 6001 -1-City Attorney Approved 2/29/2016 TRACKING #PWL18-30TRAN 8. 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 Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of 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 the execution of the work covered by this Letter of Agreement. 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. 9. City Contact: Emad Elias 760-602-7558 Contractor Contact: Adam Orellana 858-560-6887 CONTRACTOR Statewide Stripes, a California corporation P.O. Box 600710 CITY OF CARLSBAD, a municipal corporation of the State of California San Diego, CA 92160-0710 P: 858-560-6887 F: 858-560-0158 adam@statewidestripes.com By: /J ~ ~/l:: :s - (sign here) By: Dated: Sc~ ~1,,ntv, decr'erc-y (print name/title) ' Elaine Lukey~Works Director as authorized by the City Manager (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY\~~ Signing and Marking Changes at El Fuerte St. and Corintia St. 6001 -2-City Attorney Approved 2/29/2016 Exhibit A Statewide Stripes, Inc. P.O. Box 600710 San Diego, CA 92160-0710 ESTIMATE ««««««««««««««««»»»»»»»»»»»»»»»» 858.560.6887 858.560.0158 fax Tax ID #33-0915254 Class: C32 MB/SB# 40421 DBE# 32232 PW Contractors Re~# 1000001334 I Customer Info City of Carlsbad Purchasing Dept. 1635 Faraday ave Carlsbad CA 92008 PROJECT .·II REP CA Lie. #788286 Signatory Local 1184 Exp. 12/31/2017 Since 1990 TERMS. El fuerte and Corintia 8/1/17 II._ __ A_Jo __ _._ __ 3o_o_ay_s_N_e_t _ _. QTY 208.33 Apx. Sq. Ft. of Removal 3 Type IV Arrow DESCRIPTION 240 Ln. Ft. Detail-22 Double Yellow with Reflectors 245 Ln. Ft. Detail-38 8" Channelizing Line 1 Removal and Install of Mast Arm Sign 40 Ln. Ft. Red Curb I DATE, II I M/2017 II Includes: Items listed, Prevailing wage, Traffic control for our work, and one move Excludes: Traffic control plans and permits NO. 16436 TOT.AL $3,237.00 EXCLUDE Adjust Cancellation Clause@ $250.00 ea Cert., Additional Insured Endorsements on Auto Liability@ $75.00 ea., bonds, notary services, night work, prevailing wages (unless included above). Not responsible for AD.A Compliance. Items not specifically included are excluded and require an Additional Bid. Acceptance of Estimate and Agreement. The undersigned hereby contracts for the services noted above and agrees to pay for the services upon completion and receipt of an invoice. The undersigned agrees to pay reasonable attorney's fees and costs if incurred in the enforcement of this contract. STATEWIDE STRIPES, INC. REQUIRES TWO WEEKS ADVANCE WRITTEN NOTICE PRIOR TO SCHEDULING. Co. 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SMH !exhibit A --=~7-IT~~7~!a~::~L!~!:;~m EL FUERTE STREET STRIPING 300423 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 8/10/2017 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 pollcy(les) 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). PROOl/CER ~~ti~c, Helen Hudson Helen Hudson f.~~N,t ., .... 916-589-8225 I rffc Nol: 877-822-5194 Wells Fargo Insurance Services USA, Inc. E-MAIL helen.hudson@wellsfargo.com AOORESS: 10940 White Rock road, 2nd Floor INSURER(Sl AFFORDING COVERAGE NAIC# Rancho Cordova, CA 95670 INSURERA: Associated Industries Insurance Co, Inc. 23140 INSURED INSURER 8: Ohio Casualty Insurance Company 24074 Statewide Stripes Inc. INSURERC: National Union Fire Ins. Co. of Pittsburgh, PA 19445 P.O. Box 600710 INSURERD: Cypress Insurance Company 10855 INSURERE: San Diego CA 92190 INSURER F: COVERAGES CERTIFICATE NUMBER· 12153611 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR ,&~'ffi%'f.,V.fv, ,~M'f>Tv\Vvi LIMITS LTR TYPE OF INSURANCE '"~" Im,-POLICY NUMBER A X COMMERCIAL GENERAL LIABILITY X X AES1045041 03/01/2017 03/01/2018 EACH OCCURRENCE s 1,000,000 f-------D CLAIMS-MADE 0 OCCUR '"'"'""'-1 v nt:rm:u s 300,000 PREMISES !Ea oocurrencel MED EXP (Any one person) s -PERSONAL & ADV INJURY s 1,000,000 f------- GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2,000,000 Rpoucv!Zlmi: DLOC PRODUCTS · COMP/OP AGG $ 2,000,000 OTHER: s B AUTOMOBILE LIABILITY X X BA057526832 ,__ 03/01/2017 03/01/2018 ~~~!l,!_\'!.'§.~.~INGLE LIMIT s 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ f-------OWNED -SCHEDULED BODILY INJURY (Per accident) S -AUTOS ONLY -AUTOS X HIRED X NON,OWNED r.,~l;~~f,~f?AMAGE s -AUTOS ONLY -AUTOS ONLY s C UMBReLLALIAB MOCCUR BE015223570 03/01/2017 03/01/2018 EACH OCCURRENCE s 9,000,000 f--- X EXCESSLIAB CLAIMS-MADE AGGREGATE s 9,000,000 DED I I RETENTION$ $ D WORKERS COMPENSATION X STWC816179 01/01/2017 01/01/2018 XI ~ftUTE I I ~~H-AND EMPLOYERS' LIABILITY YIN 1,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE IT E .L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) EL DISEASE. EA EMPLOYEE $ 1,000,000 grs~'i,64'[~ iid~PERATIONS beklw E.L. DISEASE· POLICY LIMIT s 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES !ACORD 101, Addltlonal Remorlc• Schedule, may be altached If more space Is required) CA88100113,WC 99 04 10B,CG2037 07-04,CG2404 05-09,NX GL 009 08-09,CG2154 01-96,NX GL 093 08-09,CG2038 04/13 Forms Attached RE:RE: Job #2552 Signing and marking changes at El Fuerte St. and Corintia St: Contract 6001 The City of Carlsbad is named as additional Insured as It relates to general liability and auto liability in accordance with the terms and conditions of the policies. Waiver of subrogation is granted as it relates to workers' compensation in accordance with the terms and conditions of the policies. Umbrella follows form as It relates to additional Insureds. The above general liablllty coverage Is primary and noncontributory as respects general liability where required by written contract. CERTIFICATE HOLDER CANCELLATION The 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 AUTHORIZED REPRESENTATIVE I 9(~- The ACORD name and logo are registered marks of ACORD © 1988-2015 ACORD CORPORATION, All rights reserved. ACORD 25 (2016/03) (Tlis certiftcala replaces Ollrtificale# 12145315 ls.sued on &'4/2n17) CID: 300423 SID: 12153611 Additional Remarks Schedule (Continued from Page 1) Per project aggregate limit applies as respects general liability. Additional Remarks Schedule-Con't BA057526832 COMMERCIAL AUTO CA88 10 0113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (includlng employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE -BROADENED COVERAGE 10 GLASS REPAIR-WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (Including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTSGOVERAGE 11 PHYSICAL DAMAGE kADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20 SECTION II • LIABILITY COVERAGE is amended as follows; 1. BROADFORMINSURED SECTION II -LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED Is amended to Include the foHowlng as an Insured: d. Any legally Incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not Include any organization that: (1) Is a partnership or Joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted Its Llm[t of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply speciftcally In excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage Is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there Is similar Insurance or a self-insured retention plan available to that organization; © 2013 Liberty Mutual Insurance CA8810 0113 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 1 of 7 BA057526832 (2) If the Limits of Insurance of any other insurance policy have bean exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVERAGE, paragraph A.1. · WHO IS AN INSURED Is amended to Include the following as an Insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only f01· acts within the scope of their employment by you. Insurance provided by this endorse- ment rs excess over any other Insurance available to any "employee". g. An "employee" of yours while operaUng an "auto" hired or borrowed under a written contract or agreement In that "employee's" name, with your permission, whlle performing duties re- lated to the uonduot of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other Insurance available to the "employee". 3. ADDITIONAL INSURl::D BY CONTRACT, AGREEMENT OR PERMIT SECTION II -LIABILITY COVERAGE, paragraph A.1. ~ WHO IS AN INSURED Is amended to Include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed In a written contract, agreement, or permit Issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this pollcy as an "Insured". However, such person or organization is an "Insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes p[ace after you executed the written contract or agreement, or the permit has been Issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II -LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic vlolatlons ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the Insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by raw, fellow employees are not en!ltled to the protection afforded to the employer by the worl<ers compensation exclusivity rule, or similar protection, the following provision Is added: SECTION II -LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply If the "bodily Injury" results from the use of a covered "auto" you own or hfre. SECTION Ill M PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION Ill -PHYSICAL DAMAGE COVERAGE, Is amended by adding the following: If hired "autos" are covered "autos" for Llablllly Coverage, and If Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or @ 2013Llberty Mutual lnauranoe CA 88 10 0113 Includes copyrighted melerlal of Insurance Services Office, lnc., with its permission. Page 2 of 7 BAOS7526832 b. Your "employee" hires or rents under a written contract or agreement In that "employee's" name, but only if the damage occurs whlle the vehfcle Is being used In the conduct of your business, subject to the followlng limit and deductible: A. The most we will pay for "loss" In any one "accident" or "loss" is the smallest of: (1} $50,000; or (2) The actual cash value of the damaged or stolen property as of the tlmo of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible wlll be equal to the largest deductlble applicable to any owned "auto" for that coverage. C. Subject to the llmlt, deductible and excess provisions described In this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" If it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V -DEFINITIONS is amended by adding the following: "Total loss" means a "loss0 in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION Ill -PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amanded by the addiHon of the tonowlng: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" Is dis- abled: a. For private passenger type vehicles, we wlll pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of dlsablement. 8. PHYSICAL DAMAGE "ADDITIONAL TRANSPORTATION 1::XPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 CA 8810 0113 @ 2013Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 3 of 7 R ... BA057526832 9. RENTAL REIMBURSEMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We wlll pay up to $75 per day for rental reimbursement expenses Incurred by you for the rental of an "auto" because of "accident" or ''loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages, We wm pay only for those expenses incurred after the first 24 hours following the "accldenr or "loss" to the covered "auto.• b. Rental Reimbursement will be based on the rental of a comparable vehicle, which In many cases may be substantialfy less than $75 per day, and will only be allowed for the period of lime it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. o. We will also pay up to $500 for reasonable and necessary expenses Incurred by you to remove and replace your tools and equipment from the covered "auto". d, This coverage does not apply unless you have a business necessity that other "autosR avall- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which Is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not Include "personal effects" as deflr:ied In provision 11. 10. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we wlll pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay Is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, Is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" Is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The Insurance provided under this provision Is excess over any other collectlble insurance. B. SECTION V -DEFINITIONS Is amended by adding the followlng: For the purposes of this provision, "personal effects" mean tangible property that Is worn or carried by an insured." "Personal effects" does not lncfude tools, equipment, jewelry, money or securltles. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION 111 -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS Is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any Insurance we provide shall be excess over any other coUectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVl:RAGE SECTION II! -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sfons 4.c. and 4.d. Is deleted and replaced with the following; ® 2013Lfberty Mutual Insurance CA 88 10 0113 Includes copyrighted material of Insurance Servloes Office, Inc., wilh Its permission. Page 4of 7 BA057526832 Excluslon 4.c. and 4.d. do not apply to; a. Electronic equipment that receives or transmits audio, visual or data slgnals, whether or not designed solely for the reproduction of sound, if the equipment Is permanently Installed In the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data eleclronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property wlll be reduced by a $100 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION Ill -PHYSICAL DAMAGE COVERAGE Is amended by adding the following: The most we will pay for 0 "total loss" to a covered "auto" owned by or leased to you In any one "accident• is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" Is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. 1-lnanciaf penalties imposed under a lease due lo high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Ufa Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepalred damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made In determining the actual cash value at the time of the "loss". This adjustment ls not applicable In Texas, B. ADDITIONAL CONDITIONS This coverage applies only to the orlginal loan for which the covered "auto" that Incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V -DEFINTJONS is changed by adding the following: As used In this endorsement provision, lhe following definitions apply: "Total loss" means a "loss" In which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. © 2013L!berly Mutual Insurance CA8810 0113 Includes copyrtghted materlal of Insurance Services Office, Inc., wUh its permission. Page 5 of 7 BA057526832 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition or the following: No deductible applies to glass damage if the glass Is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTrBLE) Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE Is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or lfght weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weigh! the "auto" Is designed to carry while it Is: a. In the charge of an "Insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declaratlons. This provision does not apply to any '1oss" if the covered "auto" is In the charge of any person or organlzaUon engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION Ill PHYSICAL DAMAGE COVERAGE, If two or more company polic!os or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived; or b. If the applicable Business Auto deductible is not fhe smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss Involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that Is part of the Liberty Mutual Group. SECTION IV -BUSJNESS AUTO CONDITIONS Is amended as follows: 18. UNINTENTIONAl FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph B.2. ls amended by adding the following: If you unintentionally fall to disclose any hazards, exposures or material facts existing as of the Inception date or renewal dale of the Business Auto Coverage Form, the coverage afforded by this pollcy wlli not be prejudiced. However, you musl report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in Its entirely by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it Is known to: 1. You, if you are an lndlvldual; 2. A partner, If you are a partnership; 3. Member, If you are a llmlted llablllty company; 4. An executive officer or the ''employee" designated by the Named Insured to give such notice, if you are a corporation. © 2013 Llberi:y Mutual Insurance CA 88 10 0113 Includes copyrighted material of Insurance Services Office, Inc., with Ile permission. Page 6 of 7 g BA057526832 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any Injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A.5., Transrer or Rights of Recovery Against Others to Us, Is amended by the addition of the followlng: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGI: TERRITORY SECTION IV -BUSINESS AUTO CONDITIONS, paragraph B. 7., Polley Period, Coverage Territory, fs amended by the addition of the following: f. For "autos• hired 30 days or less, 1he coverage territory is anywhere in the world, provided that the lnsured's responsibility to pay for damages Is determined In a "suit", on the merits, In the United Slates, the territories and possessions of the United States of America. Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V " DEFINITIONS Is amended as follows: 22. 130DIL V INJURY REDEFINED Under SECTION V -DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONPITIONS 23, EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. -CANCELLATION condition applies except as fol- lows: lf·we cancel for any reason o1her than nonpayment of premium, we will mall to the first Named Insured wrltten notice or cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion, © 2013 Liberty Mutual Insurance CA 8810 0113 Includes copyrlghtad material of Insurance Services Office, Inc •• with !ts permission. Page 7 of 7 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04108 (Ed. 9-14) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an Injury covered by this pollcy. 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 manual premium otherwise due on such remuneration. The minimum premium for this endorsement Is $350. This agreement shall not operate directly or Indirectly to benefit anyone not named in the Schedule. BLANKET WAIVER Person/Organization Job Description All CA Operations SCHEDULE Blanket Waiver -Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Waiver Premium 5061.00 This endorsement changes the policy to which II Is attached and is effective on the date issued unless otherwise stated. (The Information below Is required only whan this andorsament Is Issued subsequent to preparation of tha policy.) Endorsement Effective 01/01/2017 Insured Insurance Company WC 99 04108 (Ed. 9-14) Cypress Insurance Company PollcyNo. STWC816179 Endorsement No. Premium$ Countersigned by _______________ _ Policy #AES1045041 ~/ COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanizatlon(s): Location And Description Of Completed Operations All persons or organizations where written contract with the Named Insured requires an additional In- sured with completed operations. This form does not apply to your work on "residential property". Information reciuired to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sche- dule of this endorsement performed for that addi- tional insured and included in the "products- completed operations hazard". CG 2037 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 [] Policy #AES1045041 COMMERCIAL GENERAL LIABILITY CG 24 0405 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: All persons or organizations where required by written contract with the Named Insured Information reauired to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV-Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and Included ln the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 240405 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 D Policy #AES1045041 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON--CONTRIBUTING INSURANCE (THIRD-PARTY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party: All persons or organizations where required by written contract with the Named Insured (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance: With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no Instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other Insurance shall be considered excess over and above the insurance provided by this policy. NX GL 009 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: Policy #AES1045041 COMMERCIAL GENERAL LIABILITY CG 21540196 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION-DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description and Location of Operation(s): All operations at locations at which the insured was at any time: 1. Covered, offered Coverage, or denied coverage; or 2. Enrolled, offered enrollment, or not allowed to enroll under a wrap-up program (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.} The following exclusion Is added to paragraph 2., Exclusions of COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I -Cove- rages): This insurance does not apply to '"bodily injury" or "property damage" arising out of either your ongoing operations or operations included within the "products- completed operations hazard" at the location de- scribed in the Schedule of this endorsement, as a consolidated (wrap-up} insurance program has been provided by the prime contractor/project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated (wrap-up) insurance program: (1) Provides coverage identical to that provided by this Coverage Part; (2) Has limits adequate to cover all claims; or (3) Remains in effect. CG 215401 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 POLICY NUMBER: Policy #AES1045041 COMMERCIAL GENERAL LIABILITY NX GL 093 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT -AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Schedule Subject to an Overall Policy Aggregate Limit: $ (Information required to complete this Schedule, if not shown above, will be shown in Declarations,) A. Paragraphs 2. and 3. of SECTION Ill -LIMITS OF INSURANCE are replaced by the following: 2. The Overall Policy Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included ln the "products-completed operations hazard" to each of your projects away from premises owned by or rented to you. B. The following is added to SECTION Ill -LIMITS OF INSURANCE: 8. Subject to Paragraph 2. and 3. above, the General Aggregate Limit is the most we will pay under for the sum Coverage A, Coverage B, or Coverage C to each of your projects away from premises owned by or rented to you. NX GL 093 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission / Policy #AES1045041 COMMERCIAL GENERAL LIABILITY CG 20 38 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such person(s} or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This Insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising Injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, 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; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 2. "Bodily injury" or "property damage" occurring after: a. 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 CG 20 38 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 Policy #AES1045041 b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. C. Wlth respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; 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. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 38 0413