____________________________________________________
AMENDMENT TO AGREEMENT
S:\ADMINISTRATION DIVISION\Agreements\2025\Elite Maintenance & Tree\EMTS DBA Elite Maintenance and Tree Amend No. 1 to AGRMT 2022-088.doc
- January 16, 2024_rmistry
-- Page 1 of 3 Pages --
AGREEMENT NO.
AMENDMENT NO.
ONE [1] TO
AGREEMENT NO. 2022-088
THIS AMENDMENT N
O. ONE (1) TO AGREEMENT NO. 2022-088 is made and entered into on ________________, by and between the CITY OF BAKERSFIELD, a charter city and a municipal corporation (referred to herein as “CITY ”), and EMTS INC. DBA ELITE MAINTENANCE & TREE SERVICE, a Corporation authorized to do business in California (referred to herein as “CONTRACTOR”).
R E C I T A L S
WHEREAS,
on May 1 8, 2022 , the CITY and CONTRACTOR entered into Agreement No. 2022- 088, wherein CONTRACTOR would provide maintenance at designated public landscape areas in the form of streetscape and median landscape maintenance for $2,012,638.79 for an initial 3-year period; and
WHEREAS
, the initial three-year period will end on May 18, 2025; and
WHEREAS, CITY and CONTRACTOR have agreed to extend the streetscape and median maintenance by one year and increase compensation by $ 623,000.00, to a new not to exceed amount of $2,635,638.79.
NOW, THEREFORE,
incorporating the foregoing recitals herein, CITY and
CONTRACTOR mutually agree to amend Agreement No. 2022-088 as follows:
1 . Section 2 of Agreement No. 2022- 088 entitled “ COMPENSATION” is hereby amended to read as follows:
2. COMPENSATION
. Compensation for all work, services
or products called for under this Agreement shall consist of an increase of $623,000.00 for a new total NOT TO EXCEED $2,635,638.79. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties.
2. S
ection 12 of Agreement No. 2022 -088 entitled “TERM” is hereby amended to read as follows:
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F ____________________________________________________
AMENDMENT TO AGREEMENT
S:\ADMINISTRATION DIVISION\Agreements\2025\Elite Maintenance & Tree\EMTS DBA Elite Maintenance and Tree Amend No. 1 to AGRMT 2022-088.doc
- January 16, 2024_rmistry
-- Page 2 of 3 Pages --
12. TERM. Unless terminated sooner, as set forth herein, this agreement shall terminate on May 18, 2026 and shall be
renewable annually thereafter for one (1) consecutive one- year period. Renewable option shall be exercised at the sole discretion of the CITY. If either the CITY or CONTRACTOR elects not to extend the service contract, or upon expiration of the initial service contract or any renewal period, the CONTRACTOR shall aid the CITY in continuing, without
interruption, the requirements of the contract, by continuing to perform on a temporary basis, when specifically
requested to do so by the Parks Superintendent in writing, for specified term not to exceed six (6) months. Such
continuance shall be subject to all terms and conditions of the contract, as if the CITY exercised a renewal option. 3 . Except as amended herein, all other provisions of Agreement No. 2022- 088 shall remain in full force and effect.
IN WITNESS WHEREO
F, the parties hereto have caused this Amendment No.
One [1] to Agreement No. 2022- 088 to be executed the day and year first above written.
“C
ITY” “CONTRACTOR”
CITY OF BAKERSFIELD EMTS, INC. DBA ELITE MAINTENANCE & Tree Service
B
y:____________________________ By:_____________________________
KAREN GOH
Mayor Title:
AP
PROVED AS TO CONTENT:
RECREATION & PARKS DEPARTMENT
B
y:____________________________
RICK ANTHONY
Assistant City Manager
[Signatures Continue on Following Page]
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Darin Sherlock
Secretary
____________________________________________________
AMENDMENT TO AGREEMENT
S:\ADMINISTRATION DIVISION\Agreements\2025\Elite Maintenance & Tree\EMTS DBA Elite Maintenance and Tree Amend No. 1 to AGRMT 2022-088.doc
- January 16, 2024_rmistry
-- Page 3 of 3 Pages --
A
PPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
B
y:____________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney II
Insurance Approved by
Risk Management: _____________________
C
OUNTERSIGNED:
B
y:____________________________
RANDY MCKEEGAN
Finance Director
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F
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-MAIL
ADDRESS:
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 below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
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 OCCURRENCE
DAMAGE 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
HIRED
AUTOS ONLY
2/21/2025
Edgewood Partners Ins. Center
1390 Willow Pass Road, Suite 800
Lic#0B29370
Concord CA 94520
Kayla Fritzberg
[email protected]
National Casualty Company
11991
ELITTEAM
National Fire Insurance Co of Hartford
20478
EMTS, Inc.
2972 Larkin Ave
Clovis CA 93612
Valley Forge Insurance Company
20508
Travelers Property Casualty Co of Amer
25674
Admiral Insurance Company
24856
2083323604
B
X
1,000,000
X
1,000,000
X
50,000
15,000
1,000,000
3,000,000
X
Y
Y
7034346627
11/15/2024
11/15/2025
3,000,000
C
1,000,000
X
Y
Y
7034346630
11/15/2024
11/15/2025
D
E
X
2,000,000
X
Y
EXA366303024NF
UX00000129601
11/15/2024
11/15/2024
Y
11/15/2025
11/15/2025
10,000,000
X
0 2nd Layer Occurrence
8,000,000
A
X
Y
WCC334010A
1/1/2025
1/1/2026
1,000,000
1,000,000
1,000,000
Re: All Contracts/Written Agreements between the Certificate Holder and the Insured. Additional Insured : City of Bakersfield, its Mayor, Council, Officers, Agents, Employees And Volunteers. When required by written contract, Additional Insured status with primary coverage applies to General Liability and Automobile Liability and Waiver of Subrogation applies to General Liability, Automobile Liability, and Workers’ Compensation, all per the attached endorsements. 30 Day notice of cancellation, except 10 day notice for non-payment of premium applies per policy provisions to General Liability and Workers’ Compensation. Applies where required by written contract City of Bakersfield
1600 Truxtun Ave.
Bakersfield, CA 93301
THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Elite Team Offices, Inc
Named Insured Schedule
11/15/2024-11/15/2025
- Elite Team Offices, Inc.
- Elite Landscape Construction Inc.
- EMTS, Inc.
- EMTS, Inc. dba Greenscapes
- EMTS, Inc. dba Paysage Landscape
- EMTS, Inc. dba Elite Maintenance & Tree Service
- Elite Private Landscape, Inc.
- Elite Private Landscape, Inc.dba Sunrise Landscape Services - Stockbridge General Contracting, Inc.
- Steven Seibert
- Stock Five Holdings
-
Grassmasters
- SE Phillip & Holland
- Lokes, Inc.
- 369 Equipment, Inc.
-
Lokes Heavy Equipment Rental, Inc.
- Lokes Water Trucks, Inc.
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Contractors’ General Liability Extension Endorsement
CCNA74705XX (1-15)
Insured Name: Elite Team Offices, Inc
Effective: 11/15/24
Effective: 8/29/22
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
It is understood and agreed that this endorsement amends 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 endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply.
TABLE OF CONTENTS
1. Additional Insureds
2. Additional Insured - Primary And Non-Cont ributory To Additional Insured’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 Insured’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
Policy # 7034346627
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Contractors’ General Liability Extension Endorsement
CNA74705XX (1-15)
Insured Name: Elite Team Offices, Inc
Effective: 11/15/24
Copyright CNA All Rights Reserved. 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 performed by, 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 Insured’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
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
Policy # 7034346627
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Contractors’ General Liability Extension Endorsement
CNA74705XX (1-15)
Insured Name: Elite Team Offices, Inc
Effective: 11/15/24
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. of the ownership, maintenance or use of su ch 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 wi th respect to such mortgagee, assignee or receiver’s liability for bodily injury , property damage or personal and advertising injury arising out of the Named Insured’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 Subdi vision 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, erec tion, 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 Insured’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 addi tional insured status mu st be requested under a written contract or agreement, the Insurer will treat as a writt en co ntract any governmental permit that requires the Named Insure
d to add the governmental entity as an additional insured.
H. Trade Show Event Lessor
1. With respect to a Named Insured’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 Insured’s acts or omissions; or
b. the acts or omissions of those acting on the Named Insured’s behalf, in the performance of the Named Insured’s ongoing operations at the trade show event premises during the trade show event.
2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard.
2. ADDITIONAL INSURED - PRIMARY AND NON-CO NTRIBUTORY TO ADDITIONAL INSURED’S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph:
Policy # 7034346627
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Contractors’ General Liability Extension Endorsement
CNA74705XX (1-15)
Insured Name: Elite Team Offices, Inc
Effective: 11/15/24
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
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 insuranc e, 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 insur ed is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the in surance 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 sustain ed 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 following provisions:
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 Insured’s rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Ins urer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured’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 provided by this insurance.
But this BROAD NAMED INSURED provision does not apply to:
(a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part.
For the purpose of this provision, management control means:
A. owning interests representing more than 50% of t he 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.
Policy # 7034346627
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Contractors’ General Liability Extension Endorsement
CNA74705XX (1-15)
Insured Name: Elite Team Offices, Inc
Effective: 11/15/24
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
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 Insured’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:
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 Insured’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:
Policy # 7034346627
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Contractors’ General Liability Extension Endorsement
CNA74705XX (1-15)
Insured Name: Elite Team Offices, Inc
Effective: 11/15/24
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Insured Contract means:
a. A contract for a lease of premises. Ho wever, 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 Insured’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 woul d 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 t hem, 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 Pe rsonal 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 (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:
Policy # 7034346627
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Contractors’ General Liability Extension Endorsement
CNA74705XX (1-15)
Insured Name: Elite Team Offices, Inc
Effective: 11/15/24
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
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 applicatio ns 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, inab ility to access, or inabilit y 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, jo intly 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 Insured’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:
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 projec t away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of t he 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.
Policy # 7034346627
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Contractors’ General Liability Extension Endorsement
CNA74705XX (1-15)
Insured Name: Elite Team Offices, Inc
Effective: 11/15/24
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
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 ei ther 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:
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 Insured’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 firs t 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
Policy # 7034346627
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Contractors’ General Liability Extension Endorsement
CNA74705XX (1-15)
Insured Name: Elite Team Offices, Inc
Effective: 11/15/24
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. the Insured’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, humiliati on or harassment, including but not limited to claims based on an individual’s race, creed, color, age, gender, national orig in, 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 Insured’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.
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. Physician;
b. Nurse;
c. Nurse practitioner;
d. Emergency medical technician;
e. Paramedic;
f. Dentist;
g. Physical therapist;
h. Psychologist;
i. Speech therapist;
j. Other allied health professional; or
Professional 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;
Policy # 7034346627
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Contractors’ General Liability Extension Endorsement
CNA74705XX (1-15)
Insured Name: Elite Team Offices, Inc
Effective: 11/15/24
Effective: 8/29/22
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. iii. amend the definition of Insured to:
a. add the following:
• the Named Insured’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 Insured’s business; and
(2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured’s business;
when such bodily injury arises out of a health care incident. • the Named Insured’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 Insured’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 Insured’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 Insurance
(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 liab ility 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 sp ecifically 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 CONS OLIDATED (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 / PR OPERTY IN THE NAMED INSURED’S CARE, CUSTODY OR CONTROL
Policy # 7034346627
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Contractors’ General Liability Extension Endorsement
CNA74705XX (1-15)
Insured Name: Elite Team Offices, Inc
Effective: 11/15/24
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 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, fo r 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 Insured’s behalf are performing operations, if the property damage arises out of those operations; or
(6) That particular part of any property that mu st be restored, repaired or replaced because your work was incorrectly performed on it.
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 Insured’s care, custody or control while being used in the Named Insured’s operations away from any Named Insured’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 exhausti on 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.
Policy # 7034346627
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Contractors’ General Liability Extension Endorsement
CNA74705XX (1-15)
Insured Name: Elite Team Offices, Inc
Effective: 11/15/24
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
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 Insured’s care, custody or control, while being used in the Named Insured’s operations away from any Named Insured’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 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 Insured’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: $<insert ($) amount>; 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
Policy # 7034346627
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Contractors’ General Liability Extension Endorsement
CNA74705XX (1-15)
Insured Name: Elite Team Offices, Inc
Effective: 11/15/24
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
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 certific ate issued by the duly consti tuted 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-OWNED WATERCRAFT
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:
(2) a watercraft that is not owned by any Named Insured, provided the watercraft is:
(a) less than 75 feet long; and
(b) not being used to 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 employ ment, 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.
Policy # 7034346627
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Contractors’ General Liability Extension Endorsement
CNA74705XX (1-15)
Insured Name: Elite Team Offices, Inc
Effective: 11/15/24
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
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 insured on 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.
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 know s 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 Insu rer’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 insuranc e, 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.
Policy # 7034346627
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Contractors’ General Liability Extension Endorsement
CNA74705XX (1-15)
Insured Name: Elite Team Offices, Inc
Effective: 11/15/24
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured’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 Insure r may have against any person or organization because of payments the Insurer makes for injury or damage arising out of:
1. the Named Insured’s ongoing operations; or
2. your work included in the products-completed operations hazard.
However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement:
1. is in effect or becomes effective during the term of this Coverage Part; and
2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim.
26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public cons truction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation.
If the endorsement EXCLUSION – CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Ow ner Controlled Insurance Pr ograms (O.C.I.P.) or Contra ctor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply:
A. The following wording is added to the above-referenced endorsement:
With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of:
1. Bodily injury , property damage , or personal or advertising injury that occurs during the Named Insured’s ongoing operations at the project, or during such operations of anyone acting on the Named Insured’s behalf; nor
2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures.
B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c):
This insurance is excess over:
(c) Any of the other insurance whether primary, excess, cont ingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured’s involvement in that consolidated (wrap-up) insurance program.
C. DEFINITIONS is amended to add the following definitions:
Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the cons truction project has secured general liability insurance covering some or all of the contractors or subcontracto rs involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.).
Residential structure means any structure where 30% or more of t he square foot area is used or is intended to be used for human residency, including but not limited to:
Policy # 7034346627
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Contractors’ General Liability Extension Endorsement
CNA74705XX (1-15)
Insured Name: Elite Team Offices, Inc
Effective: 11/15/24
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
1. single or multifamily housing, apa rtments, condominiums, townhouses, co-operatives or planned unit developments; and
2. the common areas and structures appurt enant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures).
However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons.
This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.
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.
Policy # 7034346627
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Blanket Additional Insured - Owners, Lessees or
Contractors - wit h Products-Completed
Operations Coverage Endorsement
CNA75079XX (10-16)
Policy No: 7034346627
Effective Date: 11/15/2024
Insured Name:
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. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf:
A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if:
1. the written contract requires you to provide the additional insured such coverage; and
2. this coverage part provides such coverage.
II. But if the written contract requires:
A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or
B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract.
III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract.
IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury , 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.
V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part:
Primary and Noncontributory Insurance
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Blanket Additional Insured - Owners, Lessees or
Contractors - wit h Products-Completed
Operations Coverage Endorsement
CNA75079XX (10-16)
Policy No: 7034346627
Effective Date: 11/15/2024
Insured Name:
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.
With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be:
1. primary and non-contributing with other insurance available to the additional insured; or
2. primary and to not seek contribution from any other insurance available to the additional insured.
But except as specified above, this insurance will be excess of all other insurance available to the additional insured.
VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition 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. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and
3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer 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
3. 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.
VII. 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 you to make a person or organization an additional insured on this coverage part, provided the contract or agreement:
A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to:
1. the bodily injury or property damage; or
2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage.
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
All
other terms and conditions of the Policy remain unchanged.
This
endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes 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: DFF2E063-C4C2-4898-9245-B25DAD74B65F CNA63359XX
(Ed. 4/12)
CNA63359XX Page 1 of 3
(Ed. 4/12)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS EXTENDED COVERAGE ENDORSEMENT
- BUSINESS AUTO PLUS -
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
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 Insure d owns a majority of the voting stock on the date of inception of this Coverage Form; provided that,
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 organization you newly acquire or form, 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 end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to:
(1) "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 "insured" under any other liability "policy" providing "auto" coverage.
3. Any person or organization that you ar e required by a written contract to name as an additional insured is an “insured” but only with respect to their legal liability for acts or omissions of a person, who qualifies as an “insured” under Section II – Who Is An Insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured.
4. An "employee" of yours is an "insured" while oper ating 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 are no longer in 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
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 B.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 III, 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 III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide:
a. $60 per day, in lieu of $20; subject to
Policy # 7034346630
Effective 11/15/24
Elite Team Offices, Inc
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F CNA63359XX
(Ed. 4/12)
CNA63359XX Page 2 of 3
(Ed. 4/12)
b. $1,800 maximum, in lieu of $600.
C. Loss of Use Expenses
Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide:
a. $1,000 maximum, in lieu of $600.
D. Hired "Autos"
The following is added to Section III. Paragraph A.:
5. Hired “Autos”
If Physical Damage coverage is provided 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 "emplo yee" without a driver, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business.
c. The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000, 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:
(1) Include loss of use, provided it is the consequence of an "accident" for which the Named Insured is legally liable, and as a result of wh ich 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 "accident." E. Airbag Coverage
The following is added to Section III, Paragraph B.3.:
The accidental discharge of an airbag shall not be considered mechanical breakdown.
F. Electronic Equipment
Section
III, Paragraphs B.
4.c and B.4.d. are deleted and replaced by the following:
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 occurrence deductible applies to the coverage provided by this provision.
G. Diminution In Value
The following is added to Section III, 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 "diminution in 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 pay for "loss" to 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).
III. Drive Other Car Coverage – Executive Officers
The following is added to Sections II and III:
1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Cove rage 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 me
mber of that person's household; or
Policy # 7034346630
Effective 11/15/24
Elite Team Offices, Inc
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F CNA63359XX
(Ed. 4/12)
CNA63359XX Page 3 of 3
(Ed. 4/12)
b. An "auto" used by that "executive officer" while wo rking in a business of sellin g, servicing, repairing or parking "autos."
Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest 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 positions 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 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 officers or partners or your insurance manager.
B. Transfer Of Rights Of Recovery Against Others 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 required by written contract or agreement to obtain this waiver from us.
This injury or damage must arise out of your activities under a contract with that person or organization.
You must 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 existing 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 provisions 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 following:
"Bodily injury" means bodily injury, sickness or diseas e sustained by a person, including mental anguish, mental injury or death resulting from any of these.
Policy # 7034346630
Effective 11/15/24
Elite Team Offices, Inc
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.
From the WCIRB's California Workers' Compensation Insurance Forms Manual 1999.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84)
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 % of the California workers' compensation premium otherwise due on such remuneration.
SCHEDULE
PERSON OR ORGANIZATION JOB DESCRIPTION
ANY PERSON(S) OR ORGANIZATION(S) WITH WHOM YOU HAVE AGREED TO SUCH A WAIVER, IN A VALID WRITTEN CONTRACT OR WRITTEN AGREEMENT THAT HAS BEEN EXECUTED PRIOR TO LOSS.
INCL
WCC334010A
Effective 01/01/25
Elite Team Office, Inc.
Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F DIR-PWC 100 (rev. 10/11) successor to the DAS 13 form
STATE OF CALIFORNIA – DEPARTMENT OF INDUSTRIAL RELATIONS TO: California Department of Industrial Relations
Division of Apprenticeship Standards
P.O. Box 420603
San Francisco, CA 94142
FROM:
EXTRACT OF
PUBLIC WORKS CONTRACT AWARD
A CONTRACT TO PERFORM PUBLIC WORKS UNDER LABOR CODE SECTION 1777.5 HAS BEEN AWARDED TO:
1. NAME OF GENERAL CONTRACTOR 2. CONTRACTOR’S LICENSE NO
3. MAILING ADDRESS (STREET NUMBER OR P.O. BOX) 4. CITY
5. ZIP CODE 6. TELEPHONE NUMBER
7. GENERAL CONTRACTOR’S CONTACT EMAIL ADDRESS 8. ADDRESS/LOCATION OF PUBLIC WORKS SITE (INCLUDE CITY AND COUNTY):
8a. County
9. . NAME OF PROJECT
10. CONTRACT NUMBER 11. PROJECT NUMBER 12. DOLLAR AMOUNT OF CONTRACT AWARD
13 . FIRST ADVERTISED BID DATE
MONTH DAY YEAR
14 CONTRACT AWARD DATE
MONTH DAY YEAR
12a ESTIMATED TOTAL PROJECT COSTS, IF DIFFERENT FROM
ITEM 12 (see instructions).
15. WHICH STATUTE, IF ANY, APPLIES TO THIS PROJECT?
16. STATE CONSTRUCTION BONDS YES NO If YES, List the Sources and Dollar Amount of Bond Proceeds:
SOURCES DOLLAR AMOUNT
17. WILL YOU OPERATE A DIR-APPROVED LABOR COMPLIANCE
PROGRAM (LCP) FOR THIS PROJECT?
YES NO
18. IS THERE A PROJECT LABOR AGREEMENT (PLA) ASSOCIATED WITH THIS PROJECT? If yes, please email a copy to [email protected]
YES NO
19. STARTING DATE (ESTIMATED OR ACTUAL)
(MM/DD/YYYY)
20. COMPLETION DATE (ESTIMATED OR ACTUAL)
(MM/DD/YYYY)
21. BRIEF DESCRIPTION OF WORK TO BE PERFORMED 22
.
NEW CONSTRUCTION REMODELING
ALTERATION, DEMOLITION, REPAIR OR MAINTENANCE
23. CLASSIFICATION OR TYPE OF WORKER (CARPENTER, PLUMBER, ETC.) THAT WILL BE EMPLOYED BY THE CONTRACTOR(S) Please list Sub-contractors and their worker classifications on page 2
24. Is language included in the Contract Award to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code? YES NO
25. SIGNATURE 26. TITLE 27. DATE
28. PRINTED OR TYPED NAME 29. E-MAIL ADDRESS 30. TELEPHONE NUMBERS If different from above, name, title, and contact information of person responsible for carrying out Awarding Body’s LCP or CMU responsibilities.
31. NAME 32. TITLE
33. E-MAIL ADDRESS 34. TELEPHONE NUMBER
Duplication of this form is permissible
AWARDING AGENCY ID NUMBER
If you do not have an ID number please contact DAS
S
CA
Various Locations Within City of Bakersfield
Kern
None of these statutes apply
Education Code §17250 30 (Design build: school dis
06/01/2025 05/18/2026
Landscape Maintenance Work
✔
Abestos
Boilermaker
Bricklayers
Ct
Rajan Mistry Fiscal & Admin Services Off [email protected] (661) 326-3011 Docusign Envelope ID: DFF2E063-C4C2-4898-9245-B25DAD74B65F Certificate Of Completion
Envelope Id: DFF2E063-C4C2-4898-9245-B25DAD74B65F
Status: Completed
Subject: Complete with Docusign: EMTS DBA Elite Maintenance and Tree Amend No. 1 to AGRMT 2022-088_Final.pdf Source Envelope:
Document Pages: 28
Signatures: 2
Envelope Originator:
Certificate Pages: 5
Initials: 1
City Clerk's Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 10.103.81.137
Record Tracking
Status: Original
5/6/2025 11:52:56 AM
Holder: City Clerk's Office
[email protected]
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: City of Bakersfield
Location: Docusign
Signer Events
Signature
Timestamp
Darin Sherlock
[email protected]
Secretary
EMTS INC dba Elite Maintenance and Tree Service
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 104.249.154.166
Sent: 5/6/2025 11:57:58 AM
Resent: 5/7/2025 8:18:02 AM
Viewed: 5/15/2025 10:22:21 AM
Signed: 5/15/2025 10:22:29 AM
Electronic Record and Signature Disclosure:
Accepted: 5/15/2025 10:22:21 AM
ID: eb95d2a8-452f-492d-886e-f93b4b4ab6fb
Rick Anthony
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 104.28.123.179
Signed using mobile
Sent: 5/15/2025 10:22:31 AM
Viewed: 5/15/2025 12:37:52 PM
Signed: 5/15/2025 12:38:01 PM
Electronic Record and Signature Disclosure:
Accepted: 5/15/2025 12:37:52 PM
ID: 43a500bb-97e3-4188-9e3e-7183a3641f27
Jena Covey
[email protected]
RISK MANAGER
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.46.226.5
Sent: 5/15/2025 12:38:02 PM
Viewed: 5/15/2025 1:11:32 PM
Signed: 5/15/2025 1:12:39 PM
Electronic Record and Signature Disclosure:
Accepted: 5/15/2025 1:11:32 PM
ID: 1c57efed-aacf-4181-8088-6f30bc232271
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5/6/2025 11:57:58 AM
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5/7/2025 8:18:01 AM
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5/15/2025 1:11:32 PM
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Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Bakersfield (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/28/2022 10:51:05 AM Parties agreed to: Darin Sherlock, Rick Anthony, Jena Covey Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
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To contact us by email send messages to: [email protected]
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Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
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You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify City of Bakersfield as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Bakersfield during the course of your relationship with City of Bakersfield.