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HomeMy WebLinkAboutPrime Electrical Services inc; 2021-11-22; PWM22-1724FACPWM22-1724FAC 100-Yard Shooting Range LED Lighting Upgrade at the STC; Cont. No. 4743 Page 1 of 6 City Attorney Approved 1/20/2020 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT 100-YARD SHOOTING RANGE LED LIGHTING UPGRADE AT THE SAFETY TRAINING CENTER; CONT. NO. 4743 This agreement is made on the ______________ day of _________________________, 2021, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Prime Electrical Services, Inc., a California corporation whose principal place of business is 480 Enterprise St., San Marcos, CA 92078 (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: Jason Kennedy (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. DocuSign Envelope ID: C3EA82A7-EC4D-41B1-9CB2-E8F3B914E264 22nd November PWM22-1724FAC 100-Yard Shooting Range LED Lighting Upgrade at the STC; Cont. No. 4743 Page 2 of 6 City Attorney Approved 1/20/2020 Richard King 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 administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ___________________________________ Print Name: ___________________________________ REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers’ Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than……..$1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ….…$1,000,000 Property damage insurance in an amount of not less than……..$1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The automobile insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as required by the California Labor Code. Workers’ Compensation will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this. DocuSign Envelope ID: C3EA82A7-EC4D-41B1-9CB2-E8F3B914E264 PWM22-1724FAC 100-Yard Shooting Range LED Lighting Upgrade at the STC; Cont. No. 4743 Page 3 of 6 City Attorney Approved 1/20/2020 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 thirty (30) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within ten (10) working days of commencing work. CONTRACTOR’S INFORMATION. Prime Electrical Services, Inc. 480 Enterprise St. (name of Contractor) 818947 (street address) San Marcos, CA 92078 (Contractor’s license number) C-10 4/30/2023 (city/state/zip) 760-908-4654 (license class. and exp. date) 1000001790 (telephone no.) 760-471-6636 (DIR registration number) 6/30/2024 (fax no.) rbrashear@primeelectrical.net (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: C3EA82A7-EC4D-41B1-9CB2-E8F3B914E264 PWM22-1724FAC 100-Yard Shooting Range LED Lighting Upgrade at the STC; Cont. No. 4743 Page 4 of 6 City Attorney Approved 1/20/2020 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 PRIME ELECTRICAL SERVICES, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Richard King, President Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name/title) By: (sign here) Chris Rozenko, Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: C3EA82A7-EC4D-41B1-9CB2-E8F3B914E264 PWM22-1724FAC 100-Yard Shooting Range LED Lighting Upgrade at the STC; Cont. No. 4743 Page 5 of 6 City Attorney Approved 1/20/2020 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 be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract NONE Total % Subcontracted: 0% The Contractor must perform no less than fifty percent (50%) of the work with its own forces. DocuSign Envelope ID: C3EA82A7-EC4D-41B1-9CB2-E8F3B914E264 PWM22-1724FAC 100-Yard Shooting Range LED Lighting Upgrade at the STC; Cont. No. 4743 Page 6 of 6 City Attorney Approved 1/20/2020 EXHIBIT B 100-YARD SHOOTING RANGE LED LIGHTING UPGRADE AT THE SAFETY TRAINING CENTER JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Task 1: Remove two (2) existing rows of overhead fluorescent light fixtures attached to uni-strut above ceiling deflection baffles numbers 20 and 33. Remove a total of fourteen (14) light fixtures from the uni-strut above the ceiling deflection baffles [Seven (7) fixtures per strut]. Leave uni-strut in place. City will recycle the fixtures removed during demolition. $10,356 Task 2: Remove five (5) sets of fluorescent light fixtures [total of fifteen (15) lights] mounted to the top side of ceiling baffles numbered 16, 19, 24, 27, and 30. Remove uni-strut. City will retain light fixtures and mounting materials. Task 3: Install thirty (30) LED fixtures supplied by the City. Three (3) new LED fixtures will be mounted to underside (top edge) of ceiling deflection baffles numbered 16, 18, 20, 22, 24, 26, 28, 30, 32, and 33. All power connections will be made using existing 277v switch legs along the east range wall. Each set of three (3) LED fixtures will be positioned at equal distances apart on the underside of the baffles centered on the mid-line of shooting lane lines numbered 1-2, 3-4, and 5-6. TOTAL* $10,356 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: C3EA82A7-EC4D-41B1-9CB2-E8F3B914E264 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 5/3/2021 License # 0C32169 (619) 937-0164 (619) 937-0168 20478 Prime Electrical Services, Inc 480 Enterprise St. San Marcos, CA 92078 20494 35289 10855 A 1,000,000 X X 5095128514 5/1/2021 5/1/2022 100,000 15,000 1,000,000 2,000,000 2,000,000 1,000,000B X X 6012621168 5/1/2021 5/1/2022 5,000,000C 6012621154 5/1/2021 5/1/2022 5,000,000 D X PRWC128174 12/1/2020 12/1/2021 1,000,000 1,000,000 1,000,000 RE: OPERATIONS OF THE NAMED INSURED AS CERTIFICATE HOLDERS INTEREST MAY APPEAR. . THE CITY OF CARLSBAD/CMWD, ITS OFFICERS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED PER FORM CNA75079XX (10-16) ATTACHED. PRIMARY AND NON-CONTRIBUTORY WORDING APPLIES. AUTO ADDITIONAL INSURED APPLIES PER ENDORSEMENT ATTACHED. WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF CARLSBAD/CMWD, ITS OFFICERS, EMPLOYEES AND VOLUNTEERS APPLIES TO GENERAL LIABILITY, AUTO LIABILITY AND WORKERS COMPENSATION. (agcpp) CITY OF CARLSBAD/CMWD c/o EXIGIS INSURANCE COMPIANCE SERVICES P.O. BOX 4668 - ECM #35050 NEW YORK, NY 10163-4668 PRIMELE-02 VPAINTER Rancho Mesa Insurance Services, Inc. 250 Riverview Parkway Santee, CA 92071 National Fire Ins Co of Htfd Transportation Insurance Co Continental Insurance Company Cypress Insurance Company 1 X X X X X X X X X CNA PARAMOUNT Blanket Additional Insured -Owners,Lessees orContractors-with Products-CompletedOperationsCoverageEndorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I.WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required bywrittencontractto add as an additional insured on this coverage part,but only with respect to liability for bodilyinjury,property damage or personal and advertising injury caused in whole or in part by your acts or omissions,or the acts or omissions of those acting on your behalf: A.in the performance of your ongoing operations subject to such written contract;or B.in the performance of your work subject to such written contract,but only with respect to bodily injury or property damage included in the products-completed operations hazard,and only if: 1.the written contract requires you to provide the additional insured such coverage;and 2.this coverage part provides such coverage. II.But if the written contract requires: A.additional insured coverage under the 11-85 edition,10-93 edition,or 10-01 edition of CG2010,or under the 10-01 edition of CG2037;or B.additional insured coverage with "arising out of"language;or C.additional insured coverage to the greatest extent permissible by law; then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part,but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of your work that is subject to such writtencontract. III.Subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer will not provide such additional insured with: A.coverage broader than required by the written contract;or B.a higher limit of insurance than required by the written contract. IV.The insurance granted by this endorsement to the additional insured does not apply to bodily injury,propertydamage,or personal and advertising injury arising out of: A.the rendering of,or the failure to render,any professional architectural,engineering,or surveying services, including: 1.the preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications;and 2.supervisory,inspection,architectural or engineering activities;or B.any premises or work for which the additional insured is specifically listed as an additional insured on anotherendorsementattachedtothiscoveragepart. V.Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Policy No: Endorsement No: Effective Date: 0/01/2021 CNA75079XX (10-16)Page 1 of 2 /"5*0/"-'*3&*/463"/$&0')"35'03% Insured Name: 13*.&&-&$53*$"-4&37*$&4 */$ Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.00020009960244308994219 CNA PARAMOUNT Blanket Additional Insured -Owners,Lessees orContractors-with Products-CompletedOperationsCoverageEndorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured,this insurance is primary to and will not seek contribution from such other insurance,provided that a writtencontractrequirestheinsuranceprovidedbythis policy to be: 1.primary and non-contributing with other insurance available to the additional insured;or 2.primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above,this insurance will be excess of all other insurance available to the additional insured. VI.Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit is amended with the addition ofthefollowing: Any additional insured pursuant to this endorsement will as soon as practicable: 1.give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2.send the Insurer copies of all legal papers received,and otherwise cooperate with the Insurer in the investigation, defense,or settlement of the claim;and 3.make available any other insurance,and tender the defense and indemnity of any claim to any other insurer orself-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part.However, if the written contract requires this insurance to be primary and non-contributory,this paragraph 3.does notapplytoinsuranceonwhichtheadditionalinsuredisanamedinsured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receiveswrittennoticeof a claim from the additional insured. VII.Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended toadd the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part,provided the contract or agreement: A.is currently in effect or becomes effective during the term of this policy;and B.was executed prior to: 1.the bodily injury or property damage;or 2.the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effecton the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,andexpiresconcurrentlywithsaidPolicy. Policy No: Endorsement No:  Effective Date: 0/01/2021 CNA75079XX (10-16)Page 2 of 2 /"5*0/"-'*3&*/463"/$&0')"35'03%Insured Name: 13*.&&-&$53*$"-4&37*$&4 */$ Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Contractors'General Liability Extension Endorsement B.Solely for the purpose of the coverage provided by this PROPERTY DAMAGE –ELEVATORS Provision,the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance,whether primary,excess,contingent or on any otherbasisthatisPropertyinsurancecoveringpropertyofothersdamagedfromtheuseofelevators. 23.SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS –COVERAGES A AND B is amended as follows: A.Paragraph 1.b.is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000.limit;and B.Paragraph 1.d.is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a$1,000.limit. 24.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the NamedInsured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 25.WAIVER OF SUBROGATION -BLANKET Under CONDITIONS,the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended toadd the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because ofpaymentstheInsurermakesforinjuryordamagearisingoutof: 1.the Named Insured's ongoing operations;or 2.your work included in the products-completed operations hazard. However,this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery inawrittencontractorwrittenagreement,and only if such contract or agreement: 1.is in effect or becomes effective during the term of this Coverage Part;and 2.was executed prior to the bodily injury,property damage or personal and advertising injury giving rise to the claim. 26.WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED (WRAP-UP)INSURANCE PROGRAMS Note:The following provision does not apply to any public construction project in the state of Oklahoma,nor to any construction project in the state of Alaska,that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION –CONSTRUCTION WRAP-UP is attached to this policy,or another exclusionaryendorsementpertainingtoOwnerControlledInsurancePrograms(O.C.I.P.)or Contractor Controlled InsurancePrograms(C.C.I.P.)is attached,then the following changes apply: A.The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up)insurance program project in which the Named Insured is or was involved,this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1.Bodily injury,property damage,or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project,or during such operations of anyone acting on the Named Insured'sbehalf;nor Policy No: Endorsement No: 1 Effective Date: 21 CNA74705XX (1-15)Page 16 of 17 /"5*0/"-'*3&*/463"/$&0')"35'03%Insured Name: 13*.&&-&$53*$"-4&37*$&4 */$ Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. WAIVER OF SUBROGATION -BLANKET CNA PARAMOUNT Contractors'General Liability Extension Endorsement claims arising solely out of their capacity or status as such and,in the case of a spouse,where such claim seeksdamagesfrommaritalcommunityproperty,jointly held property or property transferred from such natural personInsuredtosuchspouse.No coverage is provided for any act,error or omission of an estate,heir,legalrepresentative,or spouse outside the scope of such person's capacity or status as such,provided however that thespouseof a natural person Named Insured and the spouses of members or partners of joint venture or partnershipNamedInsuredsareInsuredswithrespecttosuchspouses'acts,errors or omissions in the conduct of the NamedInsured's business. 10.EXPECTED OR INTENDED INJURY –EXCEPTION FOR REASONABLE FORCE Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitledExclusionsisamendedtodeletetheexclusionentitledExpectedorIntendedInjuryandreplaceit with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured.This exclusion does notapplytobodilyinjuryorpropertydamageresultingfromtheuseofreasonableforcetoprotectpersonsorproperty. 11.GENERAL AGGREGATE LIMITS OF INSURANCE -PER PROJECT A.For each construction project away from premises the Named Insured owns or rents,a separate ConstructionProjectGeneralAggregateLimit,equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1.All damages under Coverage A,except damages because of bodily injury or property damage included in the products-completed operations hazard;and 2.All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that constructionproject.Such payments shall not reduce the General Aggregate Limit shown in the Declarations,nor theConstructionProjectGeneralAggregateLimitofanyotherconstructionproject. B.All: 1.Damages under Coverage B,regardless of the number of locations or construction projects involved; 2.Damages under Coverage A,caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project,except damages because of bodily injury or property damage included in the products-completed operations hazard;and 3.Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoingoperationsat a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C.The limits shown in the Declarations for Each Occurrence,for Damage To Premises Rented To You and forMedicalExpensecontinuetoapply,but will be subject to either the Construction Project General Aggregate LimitortheGeneralAggregateLimit shown in the Declarations,depending on whether the occurrence can beattributedsolelytoongoingoperationsat a particular construction project. D.When coverage for liability arising out of the products-completed operations hazard is provided,any payments for damages because of bodily injury or property damage included in the products-completed operationshazardwillreducetheProducts-Completed Operations Aggregate Limit shown in the Declarations,regardless of the number of projects involved. Policy No: Endorsement No: 1 Effective Date: 21 CNA74705XX (1-15)Page 8of17 /"5*0/"-'*3&*/463"/$&0')"35'03%Insured Name: 13*.&&-&$53*$"-4&37*$&4 */$ Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. GENERAL AGGREGATE LIMITS OF INSURANCE -PER PROJECT CNA PARAMOUNT Contractors'General Liability Extension Endorsement E.If a single construction project away from premises owned by or rented to the Insured has been abandoned andthenrestarted,or if the authorized contracting parties deviate from plans,blueprints,designs,specifications or timetables,the project will still be deemed to be the same construction project. F.The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12.IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured,or chartered by or for theNamedInsured, will be treated in the same manner as though the action were in personam against the NamedInsured. 13.INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following: b.This insurance applies to bodily injury provided that the professional health care services are incidental totheNamedInsured's primary business purpose,and only if: (1)such bodily injury is caused by an occurrence that takes place in the coverage territory. (2)the bodily injury first occurs during the policy period.Allbodily injury arising from an occurrence will be deemed to have occurred at the time of the first act,error,or omission that is part of the occurrence; and B.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to: i.add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii.delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement,including but notlimitedtoexpresswarrantiesorguarantees. iii.add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination,humiliation or harassment,including but not limited to claims based onanindividual's race,creed,color,age,gender,national origin, religion, disability,marital status or sexualorientation. Dishonesty or Crime Any actual or alleged dishonest,criminal or malicious act,error or omission. Medicare/Medicaid Fraud Policy No: Endorsement No: 1 Effective Date: 21 CNA74705XX (1-15)Page 9of17 /"5*0/"-'*3&*/463"/$&0')"35'03% Insured Name: 13*.&&-&$53*$"-4&37*$&4 */$ Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.00020009960244308994212 CNA63359XX(Ed.04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT -BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM name,with your permission,while performingI.LIABILITY COVERAGE duties related to the conduct of your business.A.Who Is An Insured "Policy,"as used in this provision A.Who Is AnThefollowing is added to Section II,Paragraph Insured,includes those policies that were in forceA.1.,Who Is An Insured:on the inception date of this Coverage Form but: 1. a.Any incorporated entity of which the 1.Which are no longer in force;orNamedInsuredownsamajorityof the 2.Whose limits have been exhausted.voting stock on the date of inception ofthisCoverageForm;provided that,B.Bail Bonds and Loss of Earnings b.The insurance afforded by this provision Section II,Paragraphs A.2.(2)and A.2.(4)areA.1.does not apply to any such entity revised as follows:that is an "insured"under any other 1.In a.(2),the limit for the cost of bail bonds isliability "policy"providing "auto"coverage.changed from $2,000 to $5,000; and2.Any organization you newly acquire or form,2.In a.(4),the limit for the loss of earnings isotherthan a limited liability company,changed from $250 to $500 a day.partnership or joint venture,and over whichyoumaintainmajorityownershipinterest.C.Fellow Employee The insurance afforded by this provision A.2.:Section II,Paragraph B.5 does not apply. a.Is effective on the acquisition or formation Such coverage as is afforded by this provision C.date, and is afforded only until the end of is excess over any other collectible insurance.the policy period of this Coverage Form,II.PHYSICAL DAMAGE COVERAGEorthenextanniversaryofitsinceptiondate,whichever is earlier.A.Glass Breakage –Hitting A Bird Or Animal –b.Falling Objects Or MissilesDoesnotapplyto: (1)Section III,Paragraph"Bodily injury"or "property damage"The following is added toA.3.caused by an "accident"that :occurred before you acquired or With respect to any covered "auto,"any deductibleformedtheorganization;or shown in the Declarations will not apply to glass(2)Any such organization that is an breakage if such glass is repaired,in a manner"insured"under any other liability acceptable to us,rather than replaced."policy"providing "auto"coverage.B.Transportation Expenses3.Any person or organization that you are Section III,Paragraph A.4.a.is revised,withrequiredbyawrittencontracttonameasanrespecttotransportationexpenseincurredbyyou,additional insured is an "insured"but only with to provide:respect to their legal liability for acts oromissionsof a person,who qualifies as an a.$60 per day,in lieu of $20;subject to"insured"under Section II –Who Is An b.$1,800 maximum,in lieu of $600.Insured and for whom Liability Coverage isaffordedunderthis policy. If required by C.Loss of Use Expenseswrittencontract,this insurance will be primary Section III,Paragraph A.4.b.is revised,withandnon-contributory to insurance on which respect to loss of use expenses incurred by you,the additional insured is a Named Insured.to provide:4.An "employee"of yours is an "insured"while a.$1,000 maximum,in lieu of $600.operating an "auto"hired or rented under acontractoragreementinthat"employee's" CNA63359XX Page 1of3Copyright,CNA Corporation, 2000.(Ed.04/12)Includes copyrighted material of the Insurance Services Office used with its permission.4002000686012621168077810-*$:/6.#&36012621168 A.Who Is An Insured CNA63359XX(Ed.04/12) (2)Excess over any other collectible damage,against any person or organization forinsurance.whom or which you are required by writtencontractoragreementtoobtainthiswaiverfrom2.For purposes of this provision,"executive officer"us.means a person holding any of the officerpositionscreatedbyyourcharter,constitution,by-This injury or damage must arise out of yourlawsoranyothersimilargoverningdocument,activities under a contract with that person orand,while a resident of the same household,organization.includes that person's spouse.You must agree to that requirement prior to anSuch"executive officers"are "insureds"while "accident"or "loss."using a covered "auto"described in this provision.C.Concealment,Misrepresentation or FraudIV.BUSINESS AUTO CONDITIONS The following is added to Section IV,ParagraphA.Duties In The Event Of Accident,Claim,Suit Or B.2.:Loss Your failure to disclose all hazards existing on the dateThefollowing is added to Section IV,Paragraph of inception of this Coverage Form shall not prejudiceA.2.a.:you with respect to the coverage afforded providedsuchfailureoromissionisnotintentional.(4)Your "employees"may know of an"accident"or "loss."This will not mean D.Other Insurancethatyouhavesuchknowledge,unless The following is added to Section IV,Paragraphsuch"accident"or "loss" is known to you B.5.:or if you are not an individual,to any ofyourexecutiveofficersorpartnersoryour Regardless of the provisions of Paragraphs 5.a.insurance manager.and 5.d.above,the coverage provided by thispolicy shall be on a primary non-contributoryThefollowing is added to Section IV,Paragraph basis.This provision is applicable only whenA.2.b.:required by a written contract.That written(6)Your "employees"may know of contract must have been entered into prior todocumentsreceivedconcerningaclaim"Accident"or "Loss."or "suit."This will not mean that you have E.Policy Period,Coverage Territorysuchknowledge,unless receipt of suchdocumentsisknowntoyouorifyouare Section IV,Paragraph B.7.(5).(a).is revised tonot an individual,to any of your executive provide:officers or partners or your insurance a.45 days of coverage in lieu of 30 days.manager. V.DEFINITIONSB.Transfer Of Rights Of Recovery Against OthersToUs Section V.Paragraph C.is deleted and replaced bythefollowing:The following is added to Section IV,ParagraphA.5.Transfer Of Rights Of Recovery Against "Bodily injury"means bodily injury,sickness or diseaseOthersToUs:sustained by a person,including mental anguish,mental injury or death resulting from any of these.We waive any right of recovery we may have,because of payments we make for injury or CNA63359XX Page 3of3Copyright,CNA Corporation, 2000.(Ed.04/12)Includes copyrighted material of the Insurance Services Office used with its permission.4002000686012621168077910-*$:/6.#&36012621168 To Us Of Rights Of Recovery Against OthersB..Transfer D.Other Insurance Endorsement Effective: Policy No.: Insured: WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10 C (Ed. 01-19) 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 policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manualpremium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculatedcharge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver – Any person or organization for whom the Named Insured hasagreed by written contract to furnish this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement No.: Premium $ Insurance Company: WC 99 04 10 C Countersigned by ______________________________________ (Ed. 01-19) Job Description All CA Operations Cypress Insurance Company PRWC128174 Waiver Premium (prior to adjustments) 69 12/01/2020 Prime Electrical Service, Inc. Waiver Premium (prior to adjustments)