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Conan Construction Inc; 2022-09-27; PWM23-1954FAC
PWM23-1954FAC New Village Arts HVAC replacement Page 1 of 6 City Attorney Approved 8/2/2022 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT NEW VILLAGE ARTS HVAC REPLACEMENT; CONT. NO. 4755 This agreement is made on the ______________ day of _________________________, 2022, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Conan Construction, Inc., a California corporation whose principal place of business is 5937 Darwin Court, Suite 103, Carlsbad CA 92008 (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: John Maashoff (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. DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F 27th September PWM23-1954FAC New Village Arts HVAC replacement Page 2 of 6 City Attorney Approved 8/2/2022 A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 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: _________Shannon Maurer_____________ 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 DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F PWM23-1954FAC New Village Arts HVAC replacement Page 3 of 6 City Attorney Approved 8/2/2022 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. 985.16 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 fifteen (15) 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. /// /// /// /// /// /// DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F PWM23-1954FAC New Village Arts HVAC replacement Page 4 of 6 City Attorney Approved 8/2/2022 CONTRACTOR’S INFORMATION. Conan Construction, Inc. 5937 Darwin Court, Suite 103 (name of Contractor) 761852 (street address) Carlsbad, CA 92008 (Contractor’s license number) B - 04/30/2023 (city/state/zip) 760-512-1188 (license class. and exp. date) 1000015224 (telephone no.) n/a (DIR registration number) 06/30/2025 (fax no.) smaurer@conanconstruction.com (DIR registration exp. date) (e-mail address) 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, CONAN CONSTRUCTION, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Shannon Maurer, President & Secretary Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name/title) By: (sign here) Pelin Karakas, Vice-President & CFO (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: CINDIE K. McMAHON, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F PWM23-1954FAC New Village Arts HVAC replacement Page 5 of 6 City Attorney Approved 8/2/2022 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 Type of Work to be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract Total % Subcontracted: _______________ DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F 80%1000040104HVACSuperior Air Inc. 8860 Kenamar Drive Suite 309 San Diego, CA 92121 80% 669421 C20 PWM23-1954FAC New Village Arts HVAC replacement Page 6 of 6 City Attorney Approved 8/2/2022 EXHIBIT B Contractor shall provide all labor, equipment and materials necessary to replace portions of the HVAC system within the city facility at 2787 State Street, Carlsbad, CA 92008. Contractor shall provide and install a new 5-ton roof top unit complete with coil coating, curb adapters, plenums and T stat. Provide new condenser for existing fan coil unit complete with coil coating, R410a refrigerant with nitrogen flush. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Replace portions of the HVAC system within the city facility at 2787 State Street, Carlsbad, CA 92008 $14,985.16 TOTAL* $14,985.16 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F ! " " #$ ! %&' ( ' ( ) & * ( + ( %,- %* ( %. /0/ !/ / %1+ * &&. * 2+ 03$ !4506 03$ !4506 03$ !4506 03$ !4506 5 5 5 5 5 5 0 "+& $ 7'5 2+ 5 5" 5 0 $ 054! 0 $ 054! 5 5 %. 8 0 $ 054! 0 $ 054! 5 5 "+& $ 7'5 2+ 5 5" 5 $5 $5 5 5 %. $5 $5 5 5 . 0 2+ 05052-5 054! 054! 5 5 %. 9 -& 054! 054! 5 5 :'" ; !/00/ 0 ( 0 8 03$ !4506 PWM23-1954FAC Exhibit "C" DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F ~ CONAN CONSTRUCTION - Change Order #:1 Page:1 Date:08.10.22 Job Name:New Village Arts Center Contractor Job #:22-009 - Conan Construction Superior Air Job #: Work Order Description: RFI-1 from Superior Air - Missing units 1. Provide, and install (1) New 5 Ton RTU Provide with coil coating, curb adapter, and plenums, and T stat 2. Provide (1) new condenser for the existing Fan Coil unit Provide with coil coating, R410a refrigerant with nitorgen flush, and Insulation for line set 3. Provide credit for (1) new Fan Coil unit Work Order Cost Details: Materials: 1.Equipment - (1) RTU and (1) Condensor 9,120.00$ 2.Coil Coating 820.00$ 3.Curb Adapter 1,300.00$ 4.Plenums 325.00$ 5.Tstat 175.00$ 6.Refrigerant/flush 950.00$ 7.Insulation Line set 240.00$ Total Material Cost 12,930.00$ CA Tax 1,002.08$ Overhead at 10%1,293.00$ Profit at 5%646.50$ Total Material Cost:15,871.58$ Labor: Rate Hours Project Manager 118.00$ 1 118.00$ Field Superintendent 106.00$ 4 424.00$ Sheet Metal Labor 82.00$ 24 1,968.00$ Total Labor Cost:2,510.00$ Change Order Total:18,381.58$ 3,600.00$ 2,510.00$ 12,271.58$ 222013 Credit for New Fan coil : Total Chage Order : Credit for Labor : Thank you! 8860 Kenamar Drive, #309 * San Diego, CA 92121 - p: 858.635.6270 f: 858.635.6273 - License #669421 Crane cost shown separately. ADD Material - 11,053 Labor - 1,673 Crane - 2000 Total Add 14,726 ADD Material - 4818 Labor 837 Total Add 5,655 Deduct Material 3,600 Labor 2,510 Deduct 6,110 PWM23-1954FAC Exhibit "C" (continued) DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F ~ilJ~~~E•Jtt~ll~ AIR CONDITIONING & HEATING SYSTEMS !" #$#%% &' ! $ ( ) (* +, - ( ) (* +, - .) /( ( #0 10 $0 0 2 %()&( ( ' (3 !"2 %()&( #0 10 4567/ 3 ) ) , ( & 3' * ( ))( 3 38( " , ( &)3 ' ( 3 538 , 9 8- , 5 8- :)( ( ( ) 3 638, 5 8- )38( ( ' 3 938, 9 8- 38( ' ( ( ' 3 7 ) ;% 4 3-, 5 8- :)(( *) ; 38 3 3)(( , %)%* 3 537 :' " 9 8- ( , 9 8- :( ( ( * :&* , " ( 3 ## "!2 %()&( #0 10 45#7/ /7 / 3 ; 7 ; 333 2 %()&( 7 7 4#0 10 7 <(% PWM23-1954FAC Exhibit "C" (continued) DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F ~ CONAN CONSTRUCTION 1 VIN JOTHI From:VIN JOTHI Sent:Friday, July 22, 2022 5:42 PM To:William Faircloth; Shwetha Kumar Cc:Shannon Maurer; Pelin Karakas Subject:Civic center Here are some quick notes. I will follow this up with an RFI, and more details. Item 1 in the pic below : Existing condition : 1. Condition of the condenser unit is bad. 2. The coils are rusted, and there is no coil coating on this condenser units 3. The existing line sets on the roof are not insulated and in bad condition Recommendation : 1. Replace the existing condenser Item 2 in the pic below Existing condition : 4. This unit in not in the location shown in the plan and does not exist 5. The current space is conditioned by (2) RTU units, and not a split unit as shown in the plan Recommendation : 2. Provide a new 5 ton RTU unit to condition this space Item 3 in the pic below Existing condition : 6. This is an existing 5 ton RTU 7. Unit has no coil coating and is in bad condition Recommendation : 3. Replace this unit Item 4 in the pic below Existing condition : 8. This is an existing 3 ton RTU 9. This is a newer unit, and is in very good condition, and has coil coating Recommendation : 4. Use this unit instead of getting a new fan coil to service the area served by item 5 in the pic below Item 5 in the pic below Existing condition : 10. This is a new unit to be provided as per plan Recommendation : 5. This unit can be eliminated and the space can be served by existing 3 ton RTU it item 4 . Pages from RFI 1 - New Units - Superior Air inc.pdf PWM23-1954FAC Exhibit "C" (continued) DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F No.1 Existing Fan Coil Unit – CU Corroded and Line Sets not insulated Pages from RFI 1 - New Units - Superior Air inc.pdf PWM23-1954FAC Exhibit "C" (continued) DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F Open Area --1l;il-i:::.::--:::-~-~~=~ii==.:,,' ,~"{:-, . ~[! i~Jl No.2 – This is a Packaged Unit at site and is not used. This area is serviced by No.3 and No.4 Pages from RFI 1 - New Units - Superior Air inc.pdf PWM23-1954FAC Exhibit "C" (continued) DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F No.3 - 5 TON in bad condition No.4 – 3 TON Unit in good condition can be used to service No.5 Pages from RFI 1 - New Units - Superior Air inc.pdf PWM23-1954FAC Exhibit "C" (continued) DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F \ :: :: . -=~====~ ! ~~? -. --------.. -- No.5 – Existing 3 TON packaged unit proposed instead of a new unit Pages from RFI 1 - New Units - Superior Air inc.pdf PWM23-1954FAC Exhibit "C" (continued) DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F ~x s~ING ~ I Tl '3 EX Tl G ~F CE NIC [.1!..]f' NIC /\ NIC n I I ] ,nc 1~~1© !!Ut© S ORAG ~ I •• mt@ I NIC I I I I O!D I ~ 14•0 I , .... I I \ I f!;,"~)9 I (M'.2 I HIC \ I ® \ ~ \ ~ \ ~ J ® .,.;,. 08/31/2022 Michael Ehrenfeld Company Insurance Agents An Acrisure Agency CA 0K07568 2655 Camino Del Rio North #200 San Diego CA 92108 Colleen Woods (619) 683-9990 (619) 683-9999 cwoods@ehrenfeldinsurance.com Conan Construction, Inc. 5937 Darwin Court Suite 103 Carlsbad CA 92008 Valley Forge Insurance Company Continental Insurance Company 35289 Falls Lake Fire and Casualty Co.15884 22-23 A Deductible $3,000 Y Y 7012095342 02/23/2022 02/23/2023 1,000,000 100,000 15,000 1,000,000 2,000,000 2,000,000 B Y Y 7012095339 02/23/2022 02/23/2023 1,000,000 Comp/Collision Ded.500 B 7012095325 02/23/2022 02/23/2023 5,000,000 5,000,000 C Y Y FLA00092706 08/09/2022 08/09/2023 1,000,000 1,000,000 1,000,000 A Inland Marine Business Personal Property 7012095342 02/23/2022 02/23/2023 Leased/Rented Equip $100,000 Deductible $1,000 BPP/Replacement Cost $70,000 Re: All Projects City of Carlsbad is named as additonal insured, with waiver of subrogation and primary wording per forms attached. Policy forms attached apply on per written contract City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta CA 92564 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F ACORD® I ~ I X I [8] X - ~ [8] □ -X - --X X X ~ I I XI I I □ I Medical payments MEDPM 5,000 Uninsured motorist combined single limit UMCSL 1,000,000 Experience Mod Factor 1 EXP01 Waiver of Subrogation WVSUB ADDITIONAL COVERAGES Ref #Description Edition DateForm No.Coverage Code Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref #Description Coverage Code Form No.Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref #Description Coverage Code Form No.Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref #Description Coverage Code Form No.Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref #Description Coverage Code Form No.Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref #Description Coverage Code Form No.Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref #Description Coverage Code Form No.Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref #Description Coverage Code Form No.Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref #Description Coverage Code Form No.Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref #Description Coverage Code Form No.Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref #Description Coverage Code Form No.Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Copyright 2001, AMS Services, Inc.OFADTLCV DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.5% of the California workers’ compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Blanket Waiver of Subrogation As respects to all CA jobs performed by the named insured during the policy period where by written contract a waiver of subrogation is required prior to the commencement of work. 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.Endorsement Effective 08-09-2022 Insured Conan Construction, Inc. (a Corp) Policy No. FLA000927-06 Insurance Company Falls Lake Fire & Casualty Company Countersigned By ©1998 by the Workers’ Compensation Insurance Rating Bureau of California. All rights reserved. DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F CNA Contractors' General Liability Extension Endorsement Insured Name: Hamel Contracting. Inc. Copyright CNAAll Rights Reserved. Includes copyrightedmaterial of Insurance Services Office, Inc., with its permission. It is understood and agreed that this endorsementamends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsementcontrols with respect to such provision, and the changes made by this endorsement with respect to such provisiondo not apply. TABLE OF CONTENTS 1.Additional Insureds 2.Additional Insured - Primary And Non-Contributory To Additional lnsured's Insurance 3.Bodily Injury - Expanded Definition 4.Broad Knowledge of Occurrence/ Notice of Occurrence 5.Broad Named Insured 6.Broadened Liability Coverage For Damage To Your Product And Your Work 7.Contractual Liability - Railroads 8.Electronic Data Liability 9.Estates, Legal Representatives and Spouses 10.Expected Or Intended Injury- Exception for Reasonable Force 11.General Aggregate Limits of Insurance - Per Project 12.In Rem Actions 13. Incidental Health Care Malpractice Coverage 14.Joint Ventures/Partnership /Limited Liability Companies 15.Legal Liability- Damage To Premises/ Alienated Premises / Property In The Named lnsured's Care, Custody or Control 16.Liquor Liability 17.Medical Payments 18.Non-owned Aircraft Coverage 19.Non-owned Watercraft 20.Personal And Advertising Injury - Discrimination or Humiliation 21.Personal And Advertising Injury - Contractual Liability 22.Property Damage - Elevators 23.Supplementary Payments 24.Unintentional Failure To Disclose Hazards 25.Waiver of Subrogation - Blanket 26.Wrap-Up Extension: OCIP CCIP, or Consolidated (Wrap-Up) Insurance Programs CNA74705XX (1-15) Page 1 of 17 Policy No: 7012095342 Endorsement No: Effective Date: 02/23/2022 DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F CNA Contractors' General Liability Extension Endorsement CNA74705XX (1-15) Page 2 of 17 Insured Name: Hamel Contracting, Inc. Copyright CNA All Rights Reserved. Policy No: 7012095342 Endorsement No: Effective Date:02/23/2022 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1.ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1)is currently in effect or becomes effective during the term of this Coverage Part; and (2)was executed prior to: (a)the bodily injury or property damage; or (b)the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b.However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1)a higher limit of insurance than required by such contract or agreement; or (2)coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A.Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1.such person or organization's financial control of a Named Insured; or 2.premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performedby, on behalf of, or for such additional insured. B.Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C.Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named lnsured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D.Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. E.Lessor of Premises DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F CNA Contractors' General Liability Extension Endorsement CNA74705XX (1-15) Page 3 of 17 Insured Name: Hamel Contracting, Inc. Copyright CNA All Rights Reserved. Policy No: 7012095342 Endorsement No: Effective Date:02/23/2022 Includes copyrighted material of Insurance Services Office, Inc., with its permission. An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F.Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named lnsured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G.State or Governmental Agency or Subdivision or Political Subdivisions - Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1.the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a.the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b.the construction, erection, or removal of elevators; or c.the ownership, maintenance or use of any elevators covered by this insurance;or 2.the permitted or authorized operations performed by a Named Insured or on a Named lnsured's behalf. The coverage granted by this paragraph does not apply to: a.Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H.Trade Show Event Lessor 1.With respect to a Named lnsured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a.the Named lnsured's acts or omissions; or b.the acts or omissions of those acting on the Named lnsured's behalf, in the performance of the Named lnsured's ongoing operations at the trade show event premises during the trade show event. DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F CNA Contractors' General Liability Extension Endorsement CNA74705XX (1-15) Page 4 of 17 Policy No: 7012095342 Endorsement No: Effective Date:02/23/2022 Insured Name: Hamel Contracting,Inc. Copyright CNAAll Rights Reserved. Includes copyrightedmaterial of Insurance Services Office, Inc., with its permission. 2.The coverage granted by this paragraph does not apply to bodily injury or prop erty damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY - EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the followingprovisions: A.BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B.NOTICE OF OCCURRENCE The Named lnsured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named lnsured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3.Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a.on the effective date of this Coverage Part; or b.by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that providedby this insurance. But this BROAD NAMED INSURED provision does not apply to: (a)any partnership, limited liability company or joint venture; or DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F CNA Contractors' General Liability Extension Endorsement Policy No: 7012095342 Endorsement No: Effective Date:02/23/2022 CNA74705XX (1-15) Page 5 of 17 Insured Name: Hamel Contracting, Inc. Copyright CNAAll Rights Reserved. Includes copyrightedmaterial of Insurance Services Office, Inc., with its permission. (b)any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, managementcontrol means: A.owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B.having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4.With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a.bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b.personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5.The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A.Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following: This insurance does not apply to: k. Damage to Your Product Property damage to your product arising out of it, or any part of it except when caused by or resulting from: (1)fire; (2)smoke ; (3)collapse;or (4)explosion. I.Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products-completed operations hazard. This exclusion does not apply: (1)If the damaged work, or the work out of which the damage arises, was performed on the Named lnsured's behalf by a subcontractor; or (2)If the cause of loss to the damaged work arises as a result of: (a)fire; (b)smoke; (c)collapse; or (d)explosion. B.The following paragraph is added to LIMITS OF INSURANCE: DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F CNA Contractors' General Liability Extension Endorsement Policy No: 7012095342 Endorsement No: Effective Date: 02/23/2022 CNA74705XX (1-15) Page 6 of 17 Insured Name: Hamel Contracting, Inc. Copyright CNAAll Rights Reserved. Includes copyrightedmaterial of Insurance Services Office, Inc., with its permission. Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product-completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises, was performed on the Named lnsured's behalf by a subcontractor. C.This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY - RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a.A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b.A sidetrack agreement ; c.Any easement or license agreement; d.An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e.An elevator maintenance agreement; f.That part of any other contract or agreement pertaining to the Named lnsured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1)That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a)Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b)Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2)Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1)above and supervisory, inspection, architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY A.Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1)any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F CNA Contractors' General Liability Extension Endorsement Copyr igh t C NA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. (2)the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1) or (2) above. B.The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C.The following definition is added to DEFINITIONS: Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D.For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: a.Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b.Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it; or c.Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance, electronic data is not tangible property. E.If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named lnsured's business. 10. EXPECTED OR INTENDED INJURY- EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: CNA74705XX (1-15) Page 7 of 17 Insu red N ame: Ham el C ontra cting, Inc. Policy No: 7012095342 Endorsement No: Effective Date: 02/23/2022 DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F CNA Contractors' General Liability Extension Endorsement Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 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 not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE- PER PROJECT A.For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, 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 construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. 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 ongoing operations at 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 for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at 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 operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. E.If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, 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 the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: CNA74705XX (1-15) Page 8 of 17 Insured Name: Hamel Contracting. Inc. Policy No: 7012095342 Endorsement No: Effective Date: 02/23/2022 DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F CNA Contractors' General Liability Extension Endorsement Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 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 to the Named lnsured'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. All bodily 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 lnsured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. 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 on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C.DEFINITIONS is amended to: i.add the following definitions: Health care incident means an act, error or omission by the Named lnsured's employees or volunteer workers in the rendering of: a.professional health care services on behalf of the Named Insured or b.Good Samaritan services rendered in an emergency and for which no payment is demanded or received. CNA74705XX (1-15) Page 9 of 17 Insured Name: Hamel Contracting, Inc. Policy No: 7012095342 Endorsement No: Effective Date: 02/23/2022 DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F CNA Contractors' General Liability Extension Endorsement CNA74705XX (1-15) Page 10 of 17 Policy No: 7012095342 Endorsement No: Effective Date: 02/23/2022 Insured Name: Hamel Contracting, Inc. Copyright CNAAll Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a.Ph ysician; b. Nurse; c.Nurse practitioner; d.Emergency medical technician; e.Paramedic ; f.Dentist; g.Physica l therapist; h.Psychologist; i.Speech therapist; j. Other allied health professional; or Profes sional health care services does not include any services rendered in connection with human clinical trials or product testing. ii.delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii.amend til e definition of Insured to: a.add the following: the Named lnsured's employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named lnsured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named lnsured's business; when such bodily injury arises out of a health care incident. the Named lnsured's volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named lnsured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named lnsured's business; when such bodily injury arises out of a health care incident. b.delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D.The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess lnsurance DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F CNA Contractors' General Liability Extension Endorsement Policy No: 7012095342 Endorsement No: Effective Date: 02/23/2022 CNA74705XX (1-15) Page 11 of 17 Insured Name: Hamel Contracting, Inc. Copyright CNAAll Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1)To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES/ PARTNERSHIP/ LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a.any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b.the bodily injury or property damage first occurred after such termination date; and c.there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. 15. LEGAL LIABILITY - DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'$ CARE, CUSTODY OR CONTROL A.Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: j. Damage to Property Property damage to: (1)Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2)Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3)Property loaned to the Named Insured; (4)Personal property in the care, custody or control of the Insured; (5)That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named lnsured's behalf are performing operations, if the property damage arises out of those operations; or (6)That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F CNA Contractors' General Liability Extension Endorsement Policy No: 7012095342 Endorsement No: Effective Date: 02/23/2022 CNA74705XX (1-15) Page 12 of 17 Insured Name: Hamel Contracting, Inc. Copyright CNAAll Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products- completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i.tools, or equipment the Named Insured borrows from others, nor ii.other personal property of others in the Named lnsured's care, custody or control while being used in the Named lnsured's operations away from any Named lnsured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a.property at a job site awaiting or during such property's installation, fabrication, or erection; b.property that is mobile equipment leased by an Insured; c.property that is an auto, aircraft or watercraft; d.property in transit; or e.any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B.Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C.The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named lnsured's care, custody or control, while being used in the Named lnsured's operations away from any Named lnsured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D.Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6.Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F CNA Contractors' General Liability Extension Endorsement Page 13 of 17 Endorse ment No: Effective Date: 02/23/2022 Insured Name: Ham el Contracting, Inc. CopyirghtCNAAll Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a.$500,000; or b.The Damage To Premises Rented To You Limit shown in the Declarations. E.Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii)That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named lnsured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A.LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7.Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C - Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1)$15,000 unless a different amount is shown here: @@@@@@@@@@@@ @@ ; or (2)the amount shown in the Declarations for Medical Expense Limit. B.Under COVERAGES, the Insuring Agreement of Coverage C - Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b)The expenses are incurred and reported to the Insurer within three years of the date of the accident; and This Paragraph B. does not apply to medical expenses incurred in the state of Missouri. 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1.the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2.the aircraft is rented with a trained, paid crew to the Named Insured; and 3.the aircraft is not being used to carry persons or property for a charge. 19. NON-OWNEDWATERCRAFT Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: CNA74705XX (1-15) Policy No: 7012095342 DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F CNA Contractors' General Liability Extension Endorsement Policy No: 7012095342 Endorsement No: Effective Date: 02/23/2022 CNA74705XX (1-15) Page 14 of 17 Insured Name: Hamel Contracting, Inc. Copyright CNA All Rights Reserved. Includes copyrightedmaterial of Insurance ServicesOffice, Inc., with its permission. (2)a watercraft that is not owned by any Named Insured, provided the watercraftis: (a)less than 75 feet long; and (b)not being usedto carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY-DISCRIMINATION OR HUMILIATION A.Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B.Under COVERAGES, Coverage B -Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1.delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a)the Named Insured; or (b)any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2.add the following exclusions: This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insuredon this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A.Under COVERAGES, Coverage B -Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F CNA Contractors' General Liability Extension Endorsement Policy No: 7012095342 Endorsement No: Effective Date: 02/23/2022 CNA74705XX (1-15) Page 15 of 17 Insured Name: Hamel Contracting, Inc. Copyright CNA All Rights Reserved. Includes copyrightedmaterial of Insurance ServicesOffice, Inc., with its permission. B.Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B: 1.Paragraph 2.d. is replaced by the following: d.The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2.The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C.This PERSONAL AND ADVERTISING INJURY • CONTRACTUAL LIABILITY Provision does not apply if Coverage B - Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE - ELEVATORS A.Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6)of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. 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 other basis that is Property insurance covering property of others damaged from the use of elevators. 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 Named lnsured'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 to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1.the Named lnsured's ongoing operations; or 2.your work included in the products-completed operations hazard. DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement CNA75079XX (1-15) Page 1 of 2 Policy No: 7012095342 Endorsement No: Effective Date: 02/23/2022 Insured Name: Hamel Contracting, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I.The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization’s liability for: A.unless paragraph B. below applies, 1.bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured’s ongoing operations as specified in such written contract; or 2.bodily injury or property damage caused in whole or in part by your work and included in the products-completed operations hazard, and only if a.the written contract requires the Named Insured to provide the additional insured such coverage; and b.this coverage part provides such coverage. B.bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1.this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2.the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II.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. III.The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, 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 another endorsement attached to this coverage part. IV.Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F C'NA Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement CNA75079XX (1-15) Page 2 of 2 Policy No: 7012095342 Endorsement No: Effective Date: 02/23/2022 Insured Name: Hamel Contracting, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. is required by written contract to be primary and non-contributory, this insurance will be primary and non- contributory relative solely to insurance on which the additional insured is a named insured. V.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 of the following: 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.except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3.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 4.tender the defense and indemnity of any claim to any other insurer or self 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 (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI.Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured 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 effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F C'NA Underwriting Company: ContinentialCasualty Company Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA Commercial Auto I CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F Underwriting Company: ContinentialCasualty Company Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the follow ing: BUSINESS AUTO COVERAGE FORM I.LIABILITY COVERAGE A. Who Is An Insured The following is added to Section ,II Paragraph A.1 .. Who Is An Insured: 1.a. Any incorporated entity of which the Named Insured ow ns a majorit y of the voting stock on the date of inception of this Coverage Form; provided t hat, b.The insurance afforded by this provision A. 1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2.Any organizatio n you newly acquire or fo rm, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a.Is effective on the acquisition or formation date, and is afforded only until the endof the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b.Does not apply to: (1l Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2 ) Any such organization that is an insuredunder any other liabilit y "policy " providing auto coverage. 3.Any person or organization that you are required by a written cont ract to name as an additiona l insured is an insured but only w it h respect to their legal liabilit y for acts or omissions of a person, who qualif ies as an insured under SECTION II - WHO IS AN INSURED and for whom Liabilit y Coverage is afforded under this policy. If requiredby written contract, this insurance will be primary and non-contributory to insurance on which the additional insuredis a Named Insured. 4.An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. " Policy" , as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but : 1.Which areno longerin force; or 2.Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section ,II Paragraphs A. 2 . (2) and A.2 . (4) are revised as follows: 1.In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and Form No: CNA63359XX (04-2012) Endorsement Effective Date: Endorsement No: Policy No : 7012095339 Policy Effecti ve Date: 02/23/2022 Policy Page: I of 4 DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F CNA Form No: CNA63359XX (04-2012) Endorsement Effective Date: Endorsement No: Underwriting Company: Continential Casualty Company Policy No: 7012095339 Policy Effective Date: 02/23/2022 Policy Page: 2 of 4 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permissio.n 2.In a.(4 ). the limit for the loss of earnings is changed from $250 to $500 a day. C. Fellow Employee Section,II Paragraph 8 .5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II.PHYSICAL DAMAGE COVERAGE A. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles The following is added to Section Ill , Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section I,ll provide: Paragraph A.4 .a. is revised, with respect to transpotration expenseincurred by you, to a.$60 perday, in lieu of $20; subject to b.$1,800 maximum, in lieu of $600. C.Lossof Use Expenses Section Ill , Paragraph A.4 .b. is revised, with respect to loss of use expenses incurredby you, t o provide: a.$1,000 maximum, in lieu of $600. D.Hired "Autos" The following is added to Section Ill. ParagraphA.: 5.Hired "Autos" If Physical Damage coverag e is provid ed under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a.Any covered auto you lease, hire, rent or borrow without a driver; and b.Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with yourpermission, while performing duties related to the conduct of your business. c.The most we will pay for any one accident or loss is th e actua l cash value, cost of repair, cost of replacement or $7 5,0 00 , whichever is less, minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. d.The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos. e.Such physical damage coverage for hired autos will: (1l Include loss of use, provided it is the consequence of an accident for w hich the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2)Such coverage as is provided by this provision will be subject to a limit of $750 per acciden.t E. Airbag Coverage DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F CNA Form No: CNA63359XX (04-2012) Endorsement Effective Date: Endorsement No: Underwriting Company: Continential Casualty Company Policy No 7012095339 Policy Effective Date: 02/23/2022 Policy Page: 3 of 4 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Thefollowing is added to Section Ill , Paragraph B.3 .: The accidental discharge of an airbag shall not be considered mechanical breakdown. F.Electronic Equipment Section Ill, ParagrapshB.4.c and B.4 .d. are deleted and replaced by the follow ing: c.Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d.A $100 per occurrencedeductible applies to the coverage provided by this provision. G.Diminution In Value The following is added to Section Ill , Paragraph B.6 .: Subject to the following, the diminution in value exclusion does not apply to: a.Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b.Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c.Such coverage as is provided by this provision is limited to a diminutionin value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d.The most we will payfor lossto a covered auto in any one accident is the lesser of: (1 ) $5,000;or (2 ) 20% of the auto' s actual cash value (ACV). Ill. Drive Other Car Coverage - Executive Officers The follow ing is added to Sections II and Ill : 1.Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: a.An auto owned by that "executive officer" or a member of that person's household; or b.An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1l Equal to the gre at est of those coverages afforded any covered auto; and (2 ) Excess over any other collectible insurance. 2.For purposes of this provision, "executive officer" means a person holding any of the officer posit ions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are insureds while using a covered auto described in this provision. IV.BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim,Suit Or Loss DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F CNA Form No: CNA63359XX (04-2012) Endorsement Effective Date: Endorsement No: Underwriting Company: Continential Casualty Company Policy No: 7012095339 Policy Effective Date: 02/23/2022 Policy Page: 4 of 4 Copyright CNA All Right s Reserved. Includes copyright ed material of the Insurance Services Office, Inc., used with its permission. The following is added to Section IV, Paragraph A.2.a.: (4 ) Your employees may know of an accident or loss.This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2. b.: (6)Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive off icers or partners or your insurance manager. B.Transfer Of Rights Of Recovery Against Oth ers To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are requiredby written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activit ies under a contract with that person or organization. Youmust agree to that requirement prior to an accident or loss. C.Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards exist ing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D.Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provision s of Paragraphs 5.a. and 5 .d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to Accident or Loss. E.Policy Period, Coverage Territory Section IV. Paragraph B. 7 .(5).(a). is revised to provide: a.45 days of coverage in lieu of 30 days. V.DEFINITIONS Section V. paragraph C. is deleted and replaced by the follow ing: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F Business Auto Policy Policy Conditions COMMON POLICY CONDITIONS A. 1. 2. a. b. 3. 4. 5. 6. B. C. D. 1. a. b. c. 2. a. b. 3. All Coverage Parts included in this policy are subject to the following conditions. Cancellation The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or 30 days before the effective date of cancellation if we cancel for any other reason. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. If notice is mailed, proof of mailing will be sufficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys We have the right to: Make inspections and surveys at any time; Give you reports on the conditions we find; and Recommend changes. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: Are safe or healthful; or Comply with laws, regulations, codes or standards. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. Underwriting Company: Policy Conditions ; Page: 1 of 2 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 7012095339 Policy Effective Date: 02/23/2022 Policy Page: 15 of 74 Form No: IL 00 17 11 98 © Copyright CNA All Rights Reserved. DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F CNA II Business Auto Policy Policy Conditions 4. E. 1. 2. F. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. Premiums The first Named Insured shown in the Declarations: Is responsible for the payment of all premiums; and Will be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Underwriting Company: Policy Conditions ; Page: 2 of 2 The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 7012095339 Policy Effective Date: 02/23/2022 Policy Page: 16 of 74 Form No: IL 00 17 11 98 © Copyright CNA All Rights Reserved. DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F CNA WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 06 01 A Effective December 1, 1993 CALIFORNIA CANCELLATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. The cancellation condition in Part Six (Conditions) of the policy is replaced by these conditions: Cancellation: 1.You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2.We may cancel this policy for one or more of the following reasons: a.Non-payment of premium; b.Failure to report payroll; c. Failure to permit us to audit payroll as required by the terms of this policy of of a previous policy issued by us; d.Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us; e.Material misrepresentation made by you or your agent; f.Failure to cooperate with us in the investigation of a claim; g.Failure to comply with Federal or State safety orders; h.Failure to comply with written recommendations of our designated loss control representatives; i.The occurrence of a material change in the ownership of your business; j. The occurrence of any change in your business or operation that materially increases the hazard for frequency or severity of loss; k. The occurrence of any change in your business or operation that requires additional of different classification for premium calculation; l.The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties. 3.If we cancel your policy for any of the reasons listed in (a) through (f), we will give you 10 days advance written notice, stating when the cancellation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of the Information page will be sufficient to prove notice. If we cancel your policy for any of the reasons listed in Items (g) though (l), we will give you 30 days advance written notice; however, we agree that in the event of cancellation and reissuance of a policy effective upon a material change in ownership or operations, notice will not be provided. 4.The policy period will end on the day and hour stated in the cancellation notice. 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.) Policy No. Endorsement No. Endorsement Effective Insured Countersigned by ©1998 by the Workers’ Compensation Insurance Rating Bureau of California. All rights reserved. Insurance CompanyConan Construction, Inc. (a Corp) FLA000927-05 Falls Lake Fire & Casualty Company DocuSign Envelope ID: 704E1E23-BC7D-4113-ABAD-DCEF5F64E54F