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Wright Construction Engineering Corp; 2021-04-21; PWM21-1409TRAN
DocuSign Envelope ID: AB53F6F6-A1BC-4480-8DFF-B08DCF1E66D7 21st April PWM21 -1409TRAN CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT FIRE STATIONS 1 AND 5 WASH WATER BEST MANAGEMENT PRACTICES (BMPS); CONT. NO. 6616 This agreement is made on the ______ day of ___________ , 2021, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Wright Construction Engineering Corp., a California corporation whose principal place of business is 2625 South Santa Fe Avenue, San Marcos, CA 92069 (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: Scott Lyle (City Project Manager) PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. 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. FIRE STATIONS 1 AND 5 WASH WATER BMPS; CONT. NO. 6616 Page 1 of 8 City Attorney Approved 1/20/2020 DocuSign Envelope ID: AB53F6F6-A1BC-4480-8DFF-B08DCF1E66D7 PWM21-1409TRAN 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. 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 administvative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding . . · Signature: j'6,-A/"~ Print Name: Wes Wright, President REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insura nce 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. FIRE STATIONS 1 AND 5 WASH WATER BMPS; CONT. NO. 6616 Page 2 of 8 City Attorney Approved 1/20/2020 DocuSign Envelope ID: AB53F6F6-A1BC-4480-8DFF-B08DCF1E66D7 PWM21-1409TRAN WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. 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 ten (10) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within forty (40) working days after receipt of Notice to Proceed . CONTRACTOR'S INFORMATION. Ill Ill Ill Ill Ill Ill Wright Construction Engineering Corp. (name of Contractor) 995153 (Contractor's license number) A -7/31/2022 (license class. and exp. date) 1000026974 (DIR registration number) 6/30/2023 (DIR registration exp. date) FIRE STATIONS 1 AND 5 WASH WATER BMPS; CONT. NO. 6616 Page 3 of 8 2625 South Santa Fe Avenue (street address) San Marcos, CA 92069 (city/state/zip) 760-599-3915 (telephone no.) 760-599-3920 (fax no.) wwrightwcec@gmail.com (e-mail address) City Attorney Approved 1/20/2020 DocuSign Envelope ID: AB53F6F6-A1BC-4480-8DFF-B08DCF1E66D7 PWM21-1409TRAN 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 WRIGHT CONSTRUCTION ENGINEERING CORP., a California corporation By: )£/;/~?; (sign here) Wesley W. Wright, President, Secretary & CFO (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager 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 Oth erwise, 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: __ ~~~--- Assistant City Attorney FIRE STATIONS 1 AND 5 WASH WATER BMPS; CONT. NO. 6616 Page 4 of 8 City Attorney Approved 1/20/2020 DocuSign Envelope ID: AB53F6F6-A1BC-4480-8DFF-B08DCF1E66D7 PWM21-1409TRAN 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 NONE Total% Subcontracted: 0% The Contractor must perform no less than fifty percent (50%) of the work with its own forces FIRE STATIONS 1 AND 5 WASH WATER BMPS; CONT. NO. 6616 Page 5 of 8 City Attorney Approved 1/20/2020 DocuSign Envelope ID: AB53F6F6-A1BC-4480-8DFF-B08DCF1E66D7 PWM21-1409TRAN EXHIBIT B Fire Stations 1 and 5 Wash Water BMPs Construct rock-lined BMP basins and associated drainage improvements at Fire Stations 1 and 5 as shown on Drawing No. 524-8. All work shall be performed in accordance with the City of Carlsbad's Engineering Standards, the 2018 Standard Specifications for Public Works Construction (Greenbook). JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 LS 1 Construct improvements shown on drawing #524-8 $48,500.00 2 EA 1 Labor & Materials Bond *Includes taxes, fees, expenses and all other costs. FIRE STATIONS 1 AND 5 WASH WATER BMPS; CONT. NO. 6616 Page 6 of 8 $1,091.25 TOTAL* $49,591 .25 City Attorney Approved 1/20/2020 DocuSign Envelope ID: AB53F6F6-A1BC-4480-8DFF-B08DCF1E66D7FINAL PLANS FOR FIRE STATION DRAINAGE IMPROVEMENTS FIRE STAT/ON #1 1}13Co,~\'9!;q,G,l-.. -OCCV,R ... nos o; RES•oi.sre-~t OtARCE" VICINITY MAP -11of7fl'CALI--SHEET INDEX -'l!m.JlO -"""'""" IIIL.E9£tl ,\,Qr£~ Cf:T,1,fLS FIRE STATION #5 15400r::nt·:, UFROVE~NT 1'1..lNS -F"IRE: SUl!Ctl \ ll.f'RoV0£1H l'L/J-c; rtf<C S~,\l lCN !I REFERENCE DRAWINGS ~lf«;.J ~ 0-.Gl!0!-2 l"JFt":ST-4TJON I F!£1iOV,H!ON DftC 804-5 r!P!.: Sl41J0-4 !I Pt~\SC J I 1-1E.,f9Y OECU.RE TI-!,i.T I Al.4 T'Mt ENQ.'<E"":.R OF WORK F~ il-+IS ff<C..'EC;, 1l-L.I.T 1 t1,1,'"f: O'.E"ROSEO RE!::?ONS:i!LC c,1,Rct 0\ICR Oi[ O(SlGN Or THE PROJE"CT AS omtm) IN &CTICN 1!7DJ ~ 1;..r B\:SINCSS -'NO PRorcss1~NS cooc. ,.'.>j!) nIAl ll"'t UCSIGH 15 CCNSIST(.NI WIN C\J~ll[NI STANOA.110£. I U'!Ott'IS'l'ANO Jtlt,1 l~ll CHf:OC C" l>RO~cr O~M"NCS AAO !PECrflC1'nous BT Ttl[ CITY or CA!1LS8AO DOCS NOi RCuCVt: Iii( ,-S 0,1-:''.:EEP Cr WO'!!<. c• I.IT R£SPCNSl9:UTl£$ F(lf; '"Ro.Eel DES:~-mn.t:Ml0-1,1.(l aAKER lfTi'.RNAllONAl .\OOQCSS: ~50 ,WCHI0A OICINAS, SUIT!: 2E0 OtT.Sl;(.,\Rl.SBAO, CA 92008 ,EL(P!"ICMC:760-476-9103 BY: ("!IC AUCl/S'l' ZIEu<[ RCE: 71851!> DAT[: JIJME !0, 1010 ~lr.lSlllAW.:,,.. [Jff>TRAII0U DAie.: .l)"IL J:J. 2021 PROJECT NO. 6616 CITY OF CARLSBAD CARLSBAD, CALIFORNIA CITY COUNCIL MA TT HALL -MAYOR KEITH BLACKBURN· MAYOR PRO TEM PR/YA BHAT-PATEL -COUNCIL MEMBER CORI SCHUMACHER· COUNCIL MEMBER SCOTT CHADWICK -CITY MANAGER Michael Baker FIRE STATION #1 "AS BUILT" ~ DocuSign Envelope ID: AB53F6F6-A1BC-4480-8DFF-B08DCF1E66D7Gf~ I. 11/!S /f/1!,,l.V SIJF~ •U 07h!R PUIG ?'f'.£.!Ol!Sr APi'ROV£{.; Bf flit orr Of C•IIL"oA? ti£CJ.R!11IC 1UPRO",f.W:Nr5 9'101tN a; rrllS SCT aF i'/~S. 110 M)F/11 Sl!.til ec COU!ICHCCJ) UNflL AU f'(lil,!1F!, HAit e!l;H oorAINai rr/0!,l 71-IC CITY MD omCil N>PRt;PRIA.Tr IHZIIC•l:S. .;_ T>if OR;C,N~l Cl<A\W,;C SifAtl Sf R.;"o!SfO ro ~.{CT AS-MF CQf:/llllONS Br f!iCCCNfRACf~/JRIC.'~ 10/rJ.N.J,!;7/>lkVC!or 1,1[ ll'(ll!I( :IY 111!: c:r, 7, f!-!£ C'll'll'ii~C~ SHI-IL O!Slr.H, w:sn;.:c; A.'//) IIMNTA/0/ AU s.,.,7;y l)(\,~CfS, .va.!/OWc; s;,.,R:,;c;, ,UiD SIIAU E£ S01.Ltr R(SPO'<S191.L roo ~1/JNC f() .lll. lOC.11.. su.rr 4-W rcorw SAF!fl' ,>/,;() !<A!.lk S1A-.0ARJ;S. 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CCHTRACTOR TO @ CXffiTB.CT AOCK~I~ Sf,U: P£R OCTAIL 2. 9£ET J @PROTECT £XJST!t.G L»cscAF£ IARJCAT[[!II IN PU.CE. ff DW4GED. ll£STORi INKlt<l. @ CONSTR\.CT STIR.I DRAIN. l~TAU. PER cs, S--5 @) a.£1.R 1K) cia.e. @ ~ EXISTlhG At:, &All IN KIi(). @IREP!..Aa'.EXJSTJN:;,XIINTINKII() @ INSTALL "IP( OUTFALL Pm OCTAlL 3. 9£IT J =.EFERE\JCE NOTES (DEXSATERr£TERPERo.G806-2 G) OC LNlEJICR0Lt() ELECTRICAi... PEA DIG 150&-2 @£Xll()ERGRa.t()El.£CTFJCAL @DCL.NXRG:ROI.N>~ @ EX U(lERGRW.0 TatPIO,E PER OIG !100·2 (DO:J"l'VCatt.lNAGEPl"E @EXrJREH'\'ORANTF'ERD#GSOll-2 @O: semi LATVU,L PER :)WG 808-2 @/£XCAa..tTVP£R:01Ge.:IS·2 @EX GAS LIJiE PER OWG &15·2 @EXELECTfl:ICALTRA.'ISF"IW.ERPER0.:.80&-2 @EX El.£CTTUC,l,L PNn. r::R 01G l!IOIS·2 @OCGASt.ETDIPERDIGSOIM @EXGASVAl..vt @OCJi.Rl~TICJ.IVALYE @OCL.N;>;'.RGFiO..CAS.E @}£XC:O,COE:a:tAINAGtSWALE ®'EXSTR£ET"L!GliTPOIOIIGl!09·2 @EXAIRLIJ,E @oc a11([ RAO: GENERAL NOTES 1. C0.'1tRL..Jt£S NC RIGHT-<E"·IAT Llt£5 SIO/IN ~ ~ ESTAEl.19£0 FROM AVAILMl..£ l£tORO YAPS, AS5£5:SOR"S IUPS, NOCITTTOPO. 2. CONTRACTORTOVERIF"YN..I.C!l#llRl,,SSllMEXISllt-1:, IIFROVE:IOTSPRIORTOCONSml.CTION. J. 0:N'!lV.Cl"Cfl: TO REPU.CE EXISTll<G STRIPIIG AM> SJCiNAG£ DAMAGEDOI.MIN.a:NSTIU:TICJ.I. ,. ct'NTRACTClt TO OCIATER TRDO£S AS REOOIRED. 5. CONTRACTCR TO PROTECT ALL EXISTl,'fl UT!LtTIE.5 IN PLAa: II. CDrTRACTCR TO /;£Fl.ACE IN klNl ~ L».0SCA?E IHl IARIGATI~ D,\,t,&,\GEI) D.Rltr. c:ct6TfU:Tltl\l. 7. ALL CXISTltf:l: UTILITlts Al<! SIT£ F"E,\TU'IES 9(..1.J. ~ PROTIJ:'TEOINPLAa:I..N...ESSOTl-£Rl'IS£t«lTED.f:ZF""OITO REfUiOa t.OTES,.OREX!STINSUTU.lllESN>CSITE FUMES. BENCHIAARK DESCR!PllON: 2.5" Ol~K STAMPED CLSB-122 LS. 6215 LOCAll~: ON NOFill-1 SID( CUR OF CARL.58.IIO -.,.LI.AGE ORJI/!. 0.1 ~ MILES 1'1£ST OF HtOttl.AND DRl\rt: 111 F'EET WEST Of" ll-1£ EAST EXIT TO n-t£ Cl"'Y UBRAAY Rt'.CDI«> "'ROM R 0 S. NO 17271 EL.£VAllOl.t: 127 190 M S.L c.11ru1.1 NC:C\/29 "AS BUILT" JO I DocuSign Envelope ID: AB53F6F6-A1BC-4480-8DFF-B08DCF1E66D7FIRE STATION# 5 ~ORICt4W,1,Y 0 0 \ \ " " i -~ ' .,fa ~ EXISWGBROW=./ PR:rrttT IN l'UX 0 0 ....0 it" FARADAY AVENUE FIRE STATION #5 SCAl..E.: 1·•10' Michael Baker SOSOAVElollDA e1-1:1NAS, SUITE ~eo INTERNATIONAL 760.•re.smaF~:4~~-,~:=~= REVlSON OESCRJPTlOH CONSTRUCTION NOTES @CCINSTRU:T FiXK-1-11£0 SA.SIN FER OCTA.IL 2, ~ .S. @ ~TtCT EXISTJt«; LN()SCAFC IRRIGATION IN Fu.CE. IF O>J,1.1.GEO, Rt'STORE IN <It(), @o:NSTRI.CTC..ml CJ'ENIJIG PER C£TAIL I, !MET 3. @)CU'.J.RAN,6:ui REFERENCE NOTES @EX STR£IT LIGHT~ OIG ea,-5_ PROTU:T IN PL.ACE. @£X lliRlGo\TICN cam.a. '/ALY£.. PROrtCT IN l'LlC£. @EX SDGE TRANSf'CRER. PR:lTtCT IN IV,CE, @ EX B" PVC STCRM DRAIN. FRlTECT IN PU.Ct. @o: 12" PVC STORW CRAIN. PROIT.CT IN Pl.I.CE. '-!)tx 11!1" Ref' STORM CRAIN. PROTtCT IN PL,I.CE, @EX CATI:. PROTECT INf'U,CE. @PROTECTTI!Et INF\.AC£ @EXPU.Lt.PSAAST.4.TION.PRlTECTIN~. @O:APPARATIJSWASHJN:L-OCJ,Tla-1 @PROttCTmEERINGINP!..ACE GENERAL NOTES 1. tt'Nl"£1;1.Jt£S »fJ R:QiT-<F-U.Y LIIC SHllN ~E'Rtet.l ERE CSTAa..lS>C> rRa.1 ,WAlu.a...E AECCR> IUPS, ASSESSOA'S MAPS. Al'(I CITY TIJOO. 2.a:NTRACTORTOYER:FYAUCCH"CAlliWITWOCISTIPG Uf'RO\'OOfTS PRIOR TU a»GTRUCfltw. l. ~TOR ro REP\.N:E CXISTIN:i STI'llP!NG MO SIGN,,l,GE DAWAGEDOt.AIJIGC'C)STR\..CTI~. CCMR.o.CTORTOOCl,1,TERTRODei>SR£CUIRED. CJ::NTR/1.ClOR TO PR07::CT ALL DUSTlt.C 1/TILITIES IN PLAa: LN..ESSP«lTEDtwPI.Atti. 6. CONTRACTOR TO 1UUCt IN 1mo AH'! L.wJSCAP£ AHJ IAAIGI.TICNDAWAGEDDLRlr«lCONSTRUCTlet,I, 7. ALL EXIST/1'1. UTJL:TIES AtfJ SITC roll.ES SH.ll.L 6E PR0TtCTEDINPL.Aa:t.N..ESSOO£Rl'ISEN:lT'EO, ~TO REf"ERO,U. t«>TtS ~ EXISTl'NG LTJLITI~ Al'(I SITE <tAn«s. BENCHMARK DESCRIPTION; 2.5° D1SI< STAMPED CSLB-91!1 L.S. 0215 LOCATION: TOP CK" OJRB AT '!HE SOU'IHEAST CORNER OF ORION WAY I'< F'IICNT OF ftR[ STATION 5 RECORD F'IIOM: R.O.S. NO. 17271 El.£VA'T10N: J3&8!:I U.S.L DAlUM: NG0V2i JO ' DocuSign Envelope ID: AB53F6F6-A1BC-4480-8DFF-B08DCF1E66D7 Executed in Duplicate EXHIBIT C LABOR AND MATERIALS BOND PWM21-1409TRAN Bond Number: 1001155630 Premium: $893.00 Premium is for the contract term and is subject to adjustment based on the final contract price WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Wright Construction Engineering Corp. (hereinafter designated as the "Principal"), a Contract for: FIRE STATIONS 1 AND 5 WASH WATER BMPS CONTRACT NO. 6616 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in , upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, WRIGHT CONSTRUCTION ENGINEERING CORP., as Principal, (hereinafter designated as the "Contractor"), and U.S Specialty Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of forty-nine thousand five hundred ninety-one dollars and twenty-five cents ($49,591 .25), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns , jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond . Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. FIRE STATIONS 1 AND 5 WASH WATER BMPS; CONT. NO. 6616 Page 7 of 8 City Attorney Approved 1/20/2020 DocuSign Envelope ID: AB53F6F6-A1BC-4480-8DFF-B08DCF1E66D7 PWM21 -1409TRAN In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this _1.:..:8=th'-'------day of March I 20-21._ _W_r_ig ...... ~_t c_on_s_tr_u_ct_io_n_E_n_g_in_e_e_rin_g_C_or_p __ (SEAL) U.S. Specialty Insurance Company (Principal) (Surety) By: Wes W. Wright -President (Name/Title) Cynthia J. Young, Attorney-In-Fact (Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Assistant City Attorney (SEA~) ' ' FIRE STATIONS 1 AND 5 WASH WATER BMPS; CONT. NO. 6616 Page 8 of 8 City Attorney Approved 1/20/2020 DocuSign Envelope ID: AB53F6F6-A1BC-4480-8DFF-B08DCF1E66D7 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On 03/25/2021 before me, Landon C. Beaulieu -Notary Public (insert name and title of the officer) personally appeared Wes W. Wright ---------------------:-------....,......-......... -who proved to me on the basis of satisfactory evidence to be the person whose name subscribed to the within instrument and acknowledged to me that he/s1 e/t I executed the same in his/Ii /t "'ir authorized capacity(, ), and that by his/Ii /t ir signature on the instrument the personN , or the entity upon behalf of which the personN acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LANDON C. BEAULIEU COMM, #2207694 "' Notary Public • California ;i:: San Diego County - Comm. l'xpires Jul 29, 202 1 (Seal) DocuSign Envelope ID: AB53F6F6-A1BC-4480-8DFF-B08DCF1E66D7 \.,l•U .. .Lrvn.n.LI'\ l'\L.1..-run.rv,;n;; ""'-'"i,1uvv 1.,1;;..,,:1111;;.-111;;1,i T m~==l=;=::=::=-=~~==~~-i document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino ) ss. On -----------MAR 1 8 2021 before me, _____ R_e_be_c_c_a_E_l_iz_a_b_e_th_A_d_co_c_k~1 _N_o_ta_r~y_P_u_b_li_c ____ _ personally appeared -~e~·:,;·~¼\Rebecca Elizabeth Adcock 81 l,~ i-'' :.';, COMMISSION # 2327252 z \ \-t_~,, "-'. . ' NOTARY PUBLIC . CALIFORNIA ~ \:~Ji, / SAN BERNARDINO COUNTY -'·-'.'~~~~~_.., My Comm. Expires· 3 M · · ay-2024 Name and Title of Officer (e.g., "Jane Doe, Notary Public") Cynthia J. Young Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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: _____________ _ □ Individual □ Corporate Officer Title _______________ _ □ Partner --□ Limited □ General □ Attorney-in-Fact □ Trustee □ Guardian or Conservator Other: ___________ _ Signer is Representing: RT THUMBPRINT OF SIGNER Top of thumb here DocuSign Envelope ID: AB53F6F6-A1BC-4480-8DFF-B08DCF1E66D7 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority NQ 0798~ THIS TS TO CERTIFY THAT. Pursuant ro the lnsurance Code of the State of California. tl, S. Spec'i"alty Insurance Company of laws of Houston, Texas Texas '. , organized under r/1e , subject to its Articles of lrtcorporation or other fundamenral organizational documents, is hereby authorized to transact within the State, subject to all provisiol!S of this Cenificare. the following cfas.ses of insurance: Fire, Marine, Surety, Disability, Liability, Workers' Compensation~ Aircraft, and Miscellaneous as mc/1 cuisses are no,v or may hereafter be defined in the Insurance Laws of rite State of California, THIS CERTIFICATE i.s expreuly conditioned upon the holder hereof now and hereafter being in full compliance wir/i all, and nor in violation of a11y, of the applicable laws and lawful requirements made under authority of the laws of rhe Stare of California as long as welt Jaws or requiremenrs a.re in effect .,. and applicable, and as mch l.aws and requirimmts·itow are, or may f1ereqfter be changed or amended. IN WITNESS, WHEREOF, effective as of the 29th day of December 2004 . l have hereunto set my lwnd and caused my official seal to be affi.xed tit is __ 2_9_th ____ day of December 2004 By NOTICE: Qualification wirh the Sccrero.ry or Store munt be nC<Complishcd OJ requirt:d by the · s ode pro nfler issuance oflhis Certificate C)f Authority. Failure to do so will'bc n violation 0Clns11runce Code Section 701 and gro\lncb for revoking this Cenlflcatc of Authority p11r,uan1 to the convenllJlts mnde in the applica1ion therefor nnd the conditioos contoined httein. DocuSign Envelope ID: AB53F6F6-A1BC-4480-8DFF-B08DCF1E66D7 TOKIO MARINE HCC ~' OF ATTO ~,N~r'<1i1l'll1 ,111111 ', 111111I I 11 1 1,1111, ~1 ~-· ITY coMPANl'r' 1 'TE~As leoNDING eoMPANY ~GOMPANY U.S. SPECIAIL TY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corporation and U.SM: · Insurance Co~pany, a Te~:~ll~~rf ~l(~l!i~~ (collective'.y~:e "Companie~? these presents mak~,;nstit'!1e . Jay R. Freeman, ll:aune IB. D~uck, Cynthia~ r:rst1 ntz __ _ -~;r: 1 ~~lis11~ 1 ~10a~,~1,,£'chwartz of San Be' aU_f__gr _ ~ _ its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power ·and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the~ond penalty does not exceed ~ ~ *****Three Million••••• Dollars -••• -~:00Q_ o~~••• _). This Powero~ a!Le~r~thout further act,ion_or· ~,i:>ril 23rd, 2022. ~hi~ Power of terl der;_and by~g_uthonty of the foll · sa.adgQJea=by the Boards ~iti'i~,~~ctrr~110~ t?r (,Gornpanies: · Be it Resolved, tnat the President, any , any-As's'istant Vice-President, c1ny Secretary or arly Assistant Secretary sha _ ef>y~ vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for ando n behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any nizances, contracts, agreements or indemnity and other conditional or obligatory_un _ained percent~ges1,13~9ifn 1Pri~,I El~\irl) 1 ~t~s 1 ,0i;i engineering agQ. co11.~tr)'I~ g the Company's' liaoility ' 'thereunder,'land any such instrum --o~xec ned by the President and sealed 'and,emib,ted by the Corpora == akings, including any and all consents -any and all notLces arid documerits ttorney-in-Fact shall be_qljjding up:on ~ ~ esolved, that the signature of any authorized officer and seal of the Company hereafter affixed to any power of:attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. _IN WITNESS WFIEREOF, The Companies ~1st day=ofJune, 2018. State of California County of Los Angeles roJJP other officer q8fT/fr?let{@9f('li~l 9~(ii(/c~t~,, verifies only ~~(__: ;~in~idual who signed7the dQe.umenUo lt~c --ate IS attached, andlnot'1the t/utl:1fl!/ldes's,' accurac , or va1@_t O gmftJJr' -~ - Onthis 1stday of June, 2018, before me, Sonia 0 . Carrejo, a notary public, p-ersona y appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and ackflowlecl_g~d to me that he executed the_sa his authorized capacity, and that by his signature on the instrument ~he p~son, o~the entity upon be.b.<!lf o -~~ ed, executed !~e i.n~tr111JJflil\3171t. Ill i 1' , -~ = -ijlj' ' I!" ',11 I 111'1, I ,[·, f '-certi{y under-ru:NAL TY OF PER' e=:I~ the State of Califomia that the foregoing paragraph is WITNESS my hand and official seal. oat""' _ ,@~. ,(seal) ~A · · -t Secretary;merican C~,lilt:act6rs Indemnity CorfiQ_a Ian . Specialty lnsurarce1Com,;>,ar,y; do her~by certify that th~ er,executed by said Comp1anies, 'which is ~till in full force and effe~u set out in the Power of Attorney are in full force and effect. Agency No. _3_50_1 _____ _ - 1,, 1j1111111111 'r, I,, i',1 ,•'==-~ 1 is,~ tliT1hcclcorry1{surety fc~ mo~~ 1 IIJl),1\\1\\\ -- mpany, United States Surely true and correct copy~f a Power olutions of the Boards of Directors, HCCSJ,1ANPOA06/201 a ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 3/10/2021 License # 0C36861 (909) 886-9861 (909) 886-2013 25682 Wright Construction Engineering Corp 2625 S. Santa Fe Ave San Marcos, CA 92069-5927 25674 41394 A 1,000,000 X 4T22-CO-7K006077-TCT-21 3/4/2021 3/4/2022 300,000 PD Ded $5,000/Occ 5,000 1,000,000 2,000,000 2,000,000 EBL AGGREGATE 2,000,000 1,000,000B BA-8L729156-21-2S-G 3/4/2021 3/4/2022 $1,000 Comp Ded $1,000 Coll Ded 3,000,000B CUP-1N870435-21-2S 3/4/2021 3/4/2022 3,000,000 10,000 C X CST5021206 3/4/2021 3/4/2022 1,000,000 N 1,000,000 1,000,000 RE: All Projects The City of Carlsbad, its officials, employees and volunteers are additional insureds as respects to general liability per endorsement attached; waiver of subrogation applies as respects to workers compensation per endorsement attached. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 WRIGCON-02 TWANG Inland Empire-Alliant Insurance Services, Inc. 685 Carnegie Dr Ste 265 San Bernardino, CA 92408 Christina M Mountz cmountz@alliant.com Travelers Indemnity Company of Connecticut Travelers Property Casualty Company of America Benchmark Insurance Company Over GL/AL/EL X X X X X X X X X X X X X ACORDe I ~ I I □ ~ ~ Fl □ □ ~ ~ ~ ~ ~ ~ ~ ~ ~ □ COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADD ITIONAL INSURED (Includes Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the follcming: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a written contract or agreement to indude as an additional insured on this Coverage Part is an insured, but only: a. With respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b. If, and only to the extent that, such injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract or agreement applies. Such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is subject to the following provisions: a. If the Limits of Insurance of this Coverage Part shown in the Dedarations exceed the minimum limits required by the written contract or agreement, the insurance provided to the additional insured will be limited to such minimum required limits. For the purposes of determining whether this limitation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section Ill -Limits Of Insurance. b. The insurance provided to such additional insured does not apply to: (1) Any "bodily injury", "property damage" or "personal injury" arising out of the providing, or failure to provide, 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 or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any "bodily injury'' or "property damage" caused by "your work" and induded in the "products-completed operations hazard" unless the written contract or agreement specifically requires you to provide such coverage for that additional insured during the policy period. c. The additional insured must comply with the following duties: (1) Give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a} How, when and where the "occurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c} The nature and location of any injury or damage arising out of the "occurrence" or offense. (2) If a claim is made or "suit'' is brought against the additional insured: CG D2 46 0419 © 2018 The Travelers Indemnity Company. All rights reserved. Page 1 of2 COMMERCIAL GENERAL LIABILITY (a) Immediately record the specifics of the claim or "suit'' and the date received; and (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit" as soon as practicable. (3) Immediately send us copies of all legal papers received in connection with the claim or "suit'', cooperate with us in the investigation or settlement of the claim or defense against the "suit'', and otherwise comply with all policy conditions. (4) Tender the defense and indemnity of any claim or "suit'' to any provider of other insurance which would cover such additional insured for a loss we cover. However, this condition does not affect whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organization as a named insured as described in Paragraph 4., Other Insurance, of Section IV -Commercial General Liability Conditions. Page2 of 2 © 2018 The Travelers Indemnity Company. All rights reserved. CG D2460419 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the follONing: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be exduded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Who Is An Insured -Unnamed Subsidiaries B. Blanket Additional Insured -Governmental Entities -Permits Or Authorizations Relating To Operations PROVISIONS A. WHO IS AN INSURED UNNAMED SUBSIDIARIES The following is added to SECTION II -WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declarations is a Named Insured if: a. You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and b. Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for "bodily injury' or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section II -Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: C. Incidental Medical Malpractice D. Blanket Waiver Of Subrogation E. Contractual Liability -Railroads F. Damage To Premises Rented To You a. An organization other than a partnership, joint venture or limited liability company; or b. A trust; as indicated in its name or the documents that govern its structure. B. BLANKET ADDITIONAL INSURED GOVERNMENTAL ENTITIES -PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION II -WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such governmental entity does not apply to: a. Any "bodily injury', "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity; or b. Any "bodily injury' or "property damage" included in the "products-completed operations hazard". CG 0316 0219 © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY C. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION II -WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician or paramedic; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exdusion is added to Paragraph 2., Exclusions, of SECTION I - COVERAGES -COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II -Who Is An Insured. D. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the execution of the contract or agreement. E. CONTRACTUAL LIABILITY -RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c. Any easement or license agreement; Page 2 of3 © 2017 The Travelers Indemnity Company. All rights reserved. CG D3 16 02 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. F. DAMAGE TO PREMISES RENTED TO YOU The following replaces the definition of "premises damage" in the DEFINITIONS Section: "Premises damage" means "property damage" to: COMMERCIAL GENERAL LIABILITY a. Any premises while rented to you or temporarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. CG D316 0219 © 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ! ! ! " #% & ' "#$%&%##'(&)*(+)%&,%-"$.#)/+)%& ( 0"&1%#2(+)%&-"3%4)$#"56)#"%&3740"&+0)$"&%#$"2"&+)$)$$6"$6-$"56"&++%/#"/(#(+)%&%1+0"/%3).7 ) ) *+$,-$.-#$#/ 0 ) *+$,-$.-#$#/1$,-$.-#$## 2 + & 3-& + & 0 3 +& 4$#/#$5 ) 3 6 2 & ( & ) & )$.17.! 0 / /8& /97.3 & & 2 :2