200 Civic Center Drive * Vista, CA 92084 * ( 760) 639- 6105 * Fax ( 760) 639- 6101 Updated 05/ 2018)
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Table 2 - Actual Waste ( To becompletedafter construction.)
MATERIALS
Ibs. of waste taken to
LANDFILL
lbs. of waste
RE -USED or RECYCLED
Waste Hauling Company or Re -Use Method
complete only if different than Table 1)
Asphalt / Concrete
Brick / Masonry
Cardboard
Drywall
Landscape Debris
Lumber/ Wood
Metals
Mixed Waste
Trash Garbage
Other:
TOTAL Ibs:
Actual Percentage Re - Used or Recycled %
Official Use Only
65% Goal Achieved 50% Goal Achieved Alternative Compliance Achieved Penalty Paid $ 65% Not Achieved 50% Not Achieved
Reviewed / Approved by:
EXAMPLE: Usethefollowingexampleasaguidetocompletingthisform.
MATERIALS
lbs. of waste to be taken to
LANDFILL
Ibs. of waste to be
RE -USED or RECYCLED Waste Hauling Company or Re -Use Method Asphalt / Concrete 0 2000 CO.
Brick/ Masonry 100 450 i DCO / R-e- Ltseo Ova,- SEte
Cardboard 0 150 I f2 uUV CO.
Drywall 0 50 fff2 V V, CO.
Landscape Debris 0 120 Re- LCseo Ova, -Site
Lumber / Wood 0 500 1 DCO
Metals 100 400 EDCC) / f FG1uIi v GJCO.
Mixed Waste 1000 500 i DCO
Trash / Garbage S00 0 1 DCO
Other: POOL Ciu vdte D goo aS CrL,(Sk0 gaSe Ovi,- Site
TOTAL lbs: 1500 50 j 0
Percentage to be Re - Used or Recycled 77 %
Formula:
Total Re - used or Recycled X 100 = % Re - Used or Recycled Total Combined Waste)
5070 X 100 = 77% Re - Used or Recycled
1500 + 5070)
Since 77% exceeds the minimum requirement of 65%, this plan complies.
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ATTACHMENT F
Sample Standard Agreement
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DESIGN / BUILD SERVICES FOR THE
FOOTHILL/ OAK AND BOBIER/ CALLE JULES ROUNDABOUTS PROJECT CIP NO. 8339 & 8358
THIS AGREEMENT is made and entered into as of ( Contract Date) by and between the CITY OF VISTA (" City"), a chartered municipal corporation, and XXX (" Design Builder or DB"). City and DB are sometimes individually referred to as " Party" and collectively as Parties".
RECITALS
1. On XXX, a Request for Proposal ( RFP) ( Exhibit 3) was issued for design/ build services for the Foothill/ Oak and Bobier/ Calle Jules Roundabouts Project — CIP 8339 & 8358; and
2. XXX firms submitted proposals and based upon the review of each proposal and interviews with the top firms, Design Builder was selected as the respondent who best met the evaluation criteria specified in the RFP including experience and technical competence, schedule, rates, and financial resources and with whom City could negotiate an agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein:
THE PARTIES AGREE:
Section 1: General Scoae of Work to Be Performed by DB
1. 1 In accordance with the terms set forth in this Agreement and the Design Build Proposal for the Foothill/ Oak and Bobier/ Calle Jules Roundabouts Project ( Exhibit 1 attached hereto and incorporated herein), Foothill/ Oak and Bobier/ Calle Jules Roundabouts Project — CIP 8339 & 8358 shall include, but not be limited to all components outlined and described in Exhibit 1.
1. 2 The services provided by the DB shall include, but not be limited to, all services outlined and described in this agreement and the design, and construction services within Exhibit 1.
1. 3 The DB shall:
1. 3. 1 Perform design and pre -construction services ( Phase 1) on a time and materials basis for an amount not - to - exceed $ XX, as specified in DB' s Project Cost Estimate. At 90% complete construction documents the DB shall propose a Guaranteed Maximum Price ( GMP) which will include, but not be limited to, the cost for all labor, equipment, and material to design and construct Phase 11of the Foothill/ Oak and Bobier/ Calle Jules Roundabouts Project — CIP 8339 & 8358 in accordance with all applicable rules, regulations, and laws. If the Parties agree to DB's proposed GMP, or successfully negotiate an alternative GMP amount, the Parties shall enter into an amendment to this Agreement to fund and undertake Phase 11of the Project. Under the amendment, the DB fee shall be XX% of the cost of construction defined as the total sum of trade contracts subcontractors), materials ( purchase orders), equipment, self -performed work and general conditions. Any costs incurred by DB in excess of the established GMP shall be the sole responsibility of the DB, unless a Change Order is approved by the City. Any savings resulting in the project being completed for less than the amount of the GMP shall belong to the City.
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1. 3. 2 Provide the proposed GMP to City by XXX, 20XX, and complete the Phase I design services by XXX, 20XX, including City approval of 90% construction drawing package, in accordance with the schedule set forth in Exhibit 1.
Section 2: General Obligations of Cit
2. 1 City shall be obligated as follows:
2. 1. 1 Designate a representative ( or representatives) who is/ are authorized to act on behalf of City with respect to the Project, except as to those decisions that require authorization by the Vista City Manager or Vista City Council.
2. 1. 2 Make decisions with reasonable promptness to avoid delay in the orderly progress of DB' s services per the schedule in Exhibit 1.
2. 1. 3 At the request of DB, City will use its best efforts to provide DB with any available information about the Project Site ( Exhibit 4) geotechnical soil conditions; it will, however, be the responsibility of DB to take all reasonable steps to verify all such information as it deems necessary to perform its services under this Agreement. City does not warranty to DB the accuracy or completeness of any such information.
2. 1. 4 Cooperate with DB in identifying, processing and securing required permits and licenses in a timely fashion; however, this duty to cooperate does not relieve DB of its primary obligations to identify, apply for and secure all necessary permits and licenses in a timely manner.
2. 1. 5 Make payments to DB in the amounts and in accordance with the terms set forth below.
2. 1. 6 Issue Certificate of Substantial Completion when City reasonably determines the Project has achieved Substantial Completion as defined below in Section 16. 1.
2. 1. 7 Issue a Notice of Acceptance when City reasonably determines the Project has achieved Final Completion as defined in Section 16. 2.
2. 2 City Review Process. City shall review the Conceptual, 60%, 90% and 100% Construction Drawings ( CD' s) including project specifications which shall allow construction of Project in conformity with the Program Document for the Project.
2. 2. 1 For each DB submission, City shall have ten ( 10) working days to review, approve, conditionally approve or deny said set of documents.
Section 3: General Obligations of DB
3. 1 DB shall be obligated as follows:
3. 1. 1 Provide all supervision, labor, equipment, technical expertise, safety equipment, and service operations to complete the Project.
3. 1. 2 At all times in performing its services, design and deliver the best possible Project consistent with the standard of care that satisfies the time, monetary, quality and design parameters set forth in this Agreement.
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3. 1. 3 Design and construct the Project on time, consistent with timeframes set forth in the Project Schedule ( Exhibit 1), and in such a manner that the GMP or Contract Time of the Project shall not be exceeded, except by written Change Order as provided in Section 14. DB shall provide a master accounting system and matrix using software acceptable to City that will be updated, expanded and provided to the City monthly as the Project develops.
3. 1. 4 Perform all services as expeditiously as is consistent with reasonable skill and care and shall complete the services within each and all of the time periods set forth in the Project Schedule ( Exhibit 1).
3. 1. 5 Any subcontractors performing Project construction must be appropriately licensed by the California Contractors State License Board or other required agency.
3. 1. 6 Perform or subcontract all design services for the Project utilizing qualified, licensed and sufficiently experienced engineers, and other professionals (" Design Consultants") as identified in Exhibit 1. DB shall not be permitted to substitute any Design Consultant unless authorized by City. The fact that the City approves the subcontracting of any such services will in no way relieve the DB of any of its obligations or responsibilities under this RFP or this Agreement.
3. 1. 7 INTENTIONALLY LEFT BLANK
3. 1. 8 Ensure that DBT personnel conduct themselves in a professional manner at all times. Personnel shall be courteous, neat in appearance, and wear visible identification including all personal protective equipment. All equipment must display their company identification, including any subcontractors.
3. 1. 9 Comply with the California Fair Employment and Housing Act and all other State, Federal and local laws including, but not limited to, those prohibiting discrimination, on account of race, color, national origin, religion, age, sex or handicap.
3. 1.10 Take all reasonable steps during the course of the Project so as not to interfere with the ongoing operation of the adjacent residences, businesses and facilities, including but not limited to the following:
3. 1. 10. 1 Not interfere with pedestrian and vehicular access.
3. 1. 10. 2 Take all reasonable steps during the course of construction to control dust in accordance with the provisions in the 2012 Edition of the Standard Specifications for Public Works Construction and most recent Supplement Green book"). Ensure that all work conforms to the City of Vista noise ordinance unless authorized by the designated City representative. The DB shall ensure all DBT personnel comply with all relevant OSHA, Cal/ OSHA, and labor and industrial work safety regulations at all times they are on the Project Site. The DB is responsible for implementing confined space entry procedures in accordance with all applicable laws and regulations.
3. 1.11 Study all applicable laws, codes, ordinances, rules, orders, regulations, and statutes affecting the Project, including but not limited to, zoning, environmental, building, fire and safety codes and coverage, and lien laws, and comply with them 00111420 1}
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in performance of its services. DB shall ensure that the Project design conforms to all applicable federal, state and local laws, statutes, ordinances, rules, regulations, orders or other legal requirements, ( collectively " Governmental Requirements") existing as of the date of this Agreement. However, the City recognizes that Governmental Requirements and their interpretations by governmental officials Code Authority") are often subject to change at any time, even after issuance of a notice to construct. If, after the date of this Agreement, modifications to the Project are required because of a change in Governmental Requirements or their interpretation by a Code Authority which had not previously been given, or which if given, was different than a prior interpretation of a Code Authority, DB shall make the required modifications to comply with the same. However, in the event of such an occurrence the compensation to DB and the associated design and pre - construction schedule may be subject to an adjustment. Nothing contained in this paragraph shall relieve DB of its obligations to modify the Project at its own expense where DB has failed to design the Project in compliance with Governmental Requirements applicable as of the date of this Agreement.
3. 1.12 Obtain all permits necessary to complete the Project. City shall reimburse cost of permits, except that DB shall be responsible for obtaining and paying for all permits normally obtained by the trades or subcontractors.
3. 1.13 Adhere to the provisions of all permits and rules and regulations, including but not limited to those from with the 2012 Edition of the Standard Specifications for Public Works Construction and most recent Supplement (" Greenbook") and the City of Vista.
3. 1.14 Comply with all licensing requirements of the State of California and the City of Vista.
3. 1.15 Use reasonable care to avoid damaging existing improvements, buildings, equipment and vegetation adjacent to the Project Site. If DB causes damage to any of this property, DB shall replace or repair said property at no expense to City and shall not be a basis for seeking an adjustment to the GMP or Contract Time.
DB agrees to indemnify City for any and all fines, penalties, liabilities, cost imposed upon City, its officers, employees and agents as a result of this Project.
3. 1.16 Perform Quality Control (" QC"). Review the drawings and specifications in order to identify and correct errors and omissions and reduce the quantity of Change Orders during the course of construction. Include a detailed review of drawings and designs relative to applicable laws and standards.
3. 1.17 Be fully responsible for damages, and liabilities resulting from errors or omissions below the standard of care defined in Section 3.1.19 by DB or DB' s agents, employees, design consultants and contractors; such costs, damages and liabilities shall not be chargeable to the City nor shall they be a basis for seeking an adjustment in the GMP or Contract Time.
3. 1.18 DB agrees to fully assume all risks, and costs associated with such risks, in performing the services and meeting the obligations under this Agreement. DB shall verify actual site conditions, topography, and facility conditions.
3. 1. 18. 1 Unanticipated subsurface site conditions.
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3. 1.18. 1.1 City assumes risks for unanticipated subsurface site conditions provided DB notifies City in writing within five 5) calendar days of discovery if DB believes it has
uncovered or revealed a condition which:
3. 1. 18. 1. 1. 1 Differs materially form that indicated in the geotechnical and geological reports.
3. 1. 18. 1. 1. 2 Is of an unusual nature and differs
materially from conditions ordinarily
encountered and generally recognized as
inherent in the work required by this RFP and
the Design/ Build Contract.
3. 1. 18. 1. 1. 3 Upon receipt of a written notice, City shall promptly investigate and if it determines
the conditions do materially differ, requiring a
change in the Work, City shall commence the
processing of a Change Order pursuant to
Section 14 of the Design/ Build Contract. If
City determines there is no bona fide Work
scope change or is a minor change, which
does not impact GMP or Contract Time, City
shall notify DB within ten ( 10) calendar days.
3. 1. 18. 1. 1. 4 DB shall not be entitled to an
adjustment in the GMP or Contract Time if DB
knew or should have known of the existence
of such conditions at the time DB submitted
and agreed to GMP or Contract Time; or the
existence of such condition could reasonably
have been discovered as a result of DB' s
obligations regarding geotechnical and
geological investigations and reports as
described in the RFP.
3. 1.19 DB shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. Compliance with this section by DB shall not in any way excuse or limit DB's obligations to fully comply with all other terms in this Agreement.
3. 1. 19. 1 Contractor' s License. DB warrants that at least one member of the DB team shall be licensed by the California Contractor' s State License Board as a Class A General Engineering Contractor. DB is to provide a list of the responsible people within their organizations performing services, which shall include their qualifications and their function, for approval by the City prior to start of services. City and DB shall establish " key personnel" who shall remain on the Project until Final Completion. If any such " key personnel" leave the employment of DB, City shall have the right to approve the replacement personnel assigned to this Project. DB shall 00111420 1}
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comply with all licensing requirements of the State of California and City of Vista.
3. 1. 19. 2 Project Manager and Project Design Engineer. Throughout all phases of the Project hereunder, the individual project manager, and project design engineer shall be as reflected in Exhibit 1. So long as the Individual Project Manager and Project Design Engineer remain in the employ of the General Contractor and/ or Engineer, such persons shall not be changed or substituted from the Project, or cease to be fully committed to the Project as deemed necessary by the City in its reasonable discretion, without the prior written consent or instruction of the City.
3. 1. 19. 3 City Right to Remove Project Manager, and Project Design Engineer. Notwithstanding the foregoing provisions of Section 3. 1.19, if the Individual Project Manager or Project Design Engineer, proves not to be satisfactory to the City, upon written notice from the City to the DB, such person or person shall be promptly replaced by a person who is acceptable to the City in accordance with the procedures set forth below.
3. 1. 19. 4 Replacement Selection of Project Manager and/ or Project Design Engineer. Within five ( 5) working days after receipt of a notice from the City requesting the replacement of any Individual Project Manager or Project Design Engineer, or promptly following the discovery by the Design Build Team that any Individual Project Manager, or Project Design Engineer is leaving the employ of the DB or Engineer, as the case may be, the replacement/ substitution ( together with such person' s resume and other information regarding such person' s experience and qualifications) for approval by City. The replacement/ substitution shall commence work on the Project no later than five ( 5) calendar days following the City' s approval of such replacement, which approval shall not be unreasonably withheld.
3. 1.20 DB agrees and acknowledges that the City Representative is the only person with authority to approve additions or modifications to Project. Any costs or delays resulting from or associated with additions or modifications implemented without the written authorization of the City Representative shall be borne exclusively by DB and not be grounds for an increase in the GMP or Contract Time ( Exhibit 1) of this Agreement, unless necessary to protect public health, safety or property.
3. 1.21 DB shall fully cooperate with City Representative and any of its agents assigned to this project.
3. 1.22 The DB shall remain in compliance with the City of Vista Water Quality Protection Program and, where applicable, City of San Marcos and County of San Diego' s respective stormwater protection programs and shall exercise every reasonable precaution to prevent the discharge of any material which is not solely storm water i. e., rain events) to the storm drain system. The DB will be responsible for the complete cleanup of all material that is discharged from the project in violation of the discharge rules.
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Section 4: Work Restriction and Bidding Requirement
4. 1 DB shall determine how best to package portions of the work for purposes of bidding. DB shall be responsible for selectively bidding all construction work to others and for entering into subcontracts, in DB' s own name, with the bidder who in DB' s discretion best meets the monetary, time, and performance requirement of the Project. DB is required to submit a summary of bid results for each bid package. DB shall be responsible for ensuring that these contracts fully comply with all applicable local, state and federal laws, some but not all of which are listed below.
4. 2 DB shall hear and decide bid protests and shall develop and maintain bid protest procedures for that purpose. City shall be timely informed of all bid protests ( prior to resolution) and the outcome of said protests.
Section 5: DB' s Phase I Services and Obligations — Design Services
5. 1 DB' s services in Phase I shall include those specified in Section 5. 1 of the RFP.
Section 6: DB' s Phase 11Services and Obligations — Construction Services
6. 1 Contingent on City' s approval during Phase I Conceptual, 60%, 90% and 100% CDs, Construction Schedule, GMP, and associated contract amendment, DB' s services in Phase II shall include those specified in Section 5. 2 of the RFP.
Section 7: INTENTIONALLY LEFT BLANK
Section 8: INTENTIONALLY LEFT BLANK
Section 9: Additional Services
9. 1 City will have the right to direct DB to perform Additional Services beyond those specified in this Agreement. DB may provide Additional Services only if authorized in writing, in advance, by City and after complying with Section 9. 4. The City may propose changes to the Work of a subcontractor after the bid has been awarded. In the event of a change of this nature, DB will estimate the cost of the Change Order, assist City in developing drawings and specifications as necessary, solicit a revised bid, negotiate with the subcontractor, present a recommendation for a Change Order to City, and implement construction as approved by City.
9. 2 For Additional Services which increase the Hard Construction Costs, or other reasonably necessary costs of the Project, DB shall be paid a DB fee of 15% of the total additional labor, equipment, and material costs. This fee includes DB' s office overhead, profit, bonds, and liability insurance. DB shall also be paid a DB fee of 5% of the total subcontractor costs. Regardless of the number of hierarchical tiers of Subcontractors, the 5% which DB fee shall be applied only once to the performing Subcontractor' s total costs. City will also pay any additional Subcontractor' s insurance or bonding costs.
9. 3 For Additional Services, which result in an extension of the Substantial Completion date, DB and City shall negotiate the additional costs.
9. 4 If at any time DB contends that it is being asked to perform Additional Services, it shall give City written notice 5 days prior to performing said services indicating that DB intends to seek additional compensation beyond the GMP. Furnishing advance written notice shall be a condition precedent to being able to seek additional compensation from City. 00111420 1}
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Section 10: Bonds
10. 1 DB shall furnish performance and payment bonds with the names of the obligees designated as the City in the amount set forth below, as security for the faithful performance and payment of all DB's obligations under the Agreement. These bonds shall remain in effect at least until thirty ( 30) days after the filing date of Notice of Completion, except as otherwise provided by law or regulation or by this Agreement. DB shall also furnish such other bonds as are required by this Agreement.
10. 1. 1 The performance bond shall be in the amount of 100% of the GMP.
10. 1.2 The payment bond shall be in the amount of 100% of the GMP amount.
10. 2 All bonds shall be in the form prescribed by City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, and whose underwriting limitation is sufficient to issue bonds in the amount required by this agreement and which also satisfy the requirements stated in Section 995. 660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent' s authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required.
10. 3 If the surety on any bond furnished by DB is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located, DB shall within seven ( 7) days thereafter substitute another bond and surety, which must be acceptable to City.
Section 11: Insurance
11. 1 The insurance provisions shall meet the requirements of Exhibit 2 which shall not be construed to limit DB' s indemnity obligations contained in this Agreement.
Section 12: Inspection
12. 1 DB shall be responsible for all specialty inspection and material testing and inspections.
The City shall perform inspection with its own forces. It shall be the responsibility of DB, however, to call for, coordinate and schedule all inspections.
12. 2 City, its consultants, subcontractors, independent testing laboratories as well as other governmental agencies with jurisdictional interests will have access at reasonable times for this observation, inspecting and testing. DB shall provide them proper and safe conditions for such access and advise them of DB' s safety procedures and programs so that they may comply.
12. 3 DB will make, or have made, such inspections and tests, as the City deems necessary to see that the Work is being accomplished in accordance with the requirements of the Construction Documents or shall in any way limit or modify DB' s indemnity obligations as provided for within this agreement. Unless otherwise specified, the cost of such inspection and testing will be bid out and carried as a line item in the construction cost. In the event such inspections or tests reveal non- compliance with the requirements of the Construction Documents, DB shall bear the cost of corrective measures deemed necessary by City, as well as the cost of subsequent re -inspection and re -testing. Neither observations by the City nor inspections, tests, or approvals by others shall 00111420 1}
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relieve DB from DB' s obligations to perform the Work in accordance with the Construction Documents. DB shall give City timely notice of readiness of the Work for all required building inspections and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. DB shall give at least 24 hours' notice for inspections.
12. 4 City has the right to stop or suspend Work activities which will conceal or cover up DB Work product which is to be inspected or tested, or which will interfere with the inspection or testing activities, for a reasonable time and DB will have no right to additional compensation.
Section 13: DB GMP for Services and Reimbursements
13. 1 DB shall submit to City 90% CD' s for plan check. Upon the approval of the 90% CD' s, DB shall, within twenty ( 20) working days, submit a GMP for approval by City. The GMP shall include all Hard Construction Costs, DB Contingency Fund, Reimbursable Costs, and DB Fixed Fee for the complete design and construction of the entire Project as specified in the 90% CD' s; provided that:
13. 1.1 Said GMP shall be supported by a detailed itemized breakdown that shows: the DB Fixed Fees and the expected Hard Construction Costs for each of the major trades on the Project which will include labor, material expenses, equipment costs, and a reasonable DB Contingency Fund. Said DB contingency fund shall not exceed 5% of the Hard Construction Costs.
13. 1. 2 All Hard Construction Costs included in the GMP are for direct Construction costs incurred in performing the work, including taxes, delivery and installation. City shall reimburse DB for the exact amount of subcontract, self - performed work or invoice amount.
No additional DB markup, handling fees, overhead, or other charges are to be added or paid except as otherwise set forth in this agreement. Upon Final Completion of the Project, any amount of Hard Construction Costs or DB Contingency Fund monies not utilized shall result in a deductive Change Order.
13. 1.3 The GMP shall include a DB Contingency Fund which can be used by the DB with City approval. If the Parties mutually agree that there is a sufficient surplus, the DB Contingency Fund will be available to provide additional funds for Change Orders as provided for in Section 14 of this Agreement. This Contingency Fund will not be available for: ( 1) Work required due to DB' s and/ or Contractors/ subcontractors failure to perform according to the terms of this Agreement and/ or in compliance with the Construction Documents, or ( 2) uninsured losses resulting from the negligence of DB or its Contractors/ subcontractors. All Change Orders, including zero dollar Change Orders, which require the use of the DB Contingency Fund, shall require City approval.
13. 1.4 DB shall prepare, with the cooperation of the City, alternate bid items to assist in meeting the GMP.
13. 2 DB shall perform the Phase I Services on a time and materials basis for an amount not to exceed $ XXX, as specified in DB' s Project Cost Estimate. Except as otherwise expressly provided in this Agreement, as full and complete compensation for performance of all Phase II Services under this Agreement, DB shall be compensated by the GMP sum to be determined at 90% construction documents. Said amounts for the Phase I and Phase II Services shall not be exceeded unless Additional Services are requested pursuant to Section 9 above or a Change Order issued pursuant to Section 14. Unless otherwise expressly provided in this Agreement, the 00111420 1}
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GMP shall include full compensation for all costs of any type incurred by DB in performing all services and obligations under this Agreement, including but not limited to the following:
13. 2. 1 All Design Consultants.
13.2.2 Estimating, management of design consultants and value engineering.
13.2. 3 Construction supervision and project management personnel, including but not limited to superintendents, Project managers, Project secretaries, Project engineers, Project accountants, and all other DB personnel wherever located.
13.2.4 All on -site and off -site equipment, supplies and facilities, including but not limited to, computers, estimating, dictating, communication and accounting equipment, office space, trailers, field equipment and storage facilities.
13. 2.4. 1 In no case shall the cumulative monthly rental charges to the Project for equipment and Small Tools used by the DB exceed 90% of the fair market value of any one piece of equipment or Small Tools. At City' s option, the full price for equipment or Small Tools may be paid, and City may take possession upon completion of the Work.
13.2. 5 All home -office and field overhead costs of any type including document control and retention.
13. 2. 6 All business license costs.
13.2. 7 All profit DB intends to earn under this Agreement.
13.2. 8 All direct and incidental costs incurred by DB, except for those specifically identified in Section 9.
13. 3 DB shall be reimbursed, without markup and only as specified in this Agreement for the following " Reimbursable Costs:"
13.3. 1 Any reimbursable cost expressly provided for elsewhere in this Agreement.
13. 4 DB agrees and acknowledges the City retains its full and complete discretion for all legislative actions, including any future appropriations necessary to complete this Project or fund this Agreement. As more fully provided in Section 26, the City may terminate this Agreement for any reason, including but not limited to, if City Council fails to appropriate sufficient funds or is unsuccessful at obtaining long term financing.
Section 14: Change in GMP and Contract Time
14. 1 The GMP and Contract Time may only be changed by written Change Order. Change Orders shall be issued only under the following circumstances:
14. 1.1 The City directs DB to perform Additional Services or City Changes as provided in Section 9.
14. 1.2 For reasons expressly provided elsewhere in this Agreement. 00111420 1}
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14. 2 The following procedure shall be followed for the issuance of Change Orders:
14.2. 1 Upon the occurrence of any event that gives rise to a Change Order, including any action, inaction, decision or direction by City or agent for the City, DB shall give the City notice of the same within five ( 5) calendar days. DB shall not proceed with any such services or work until such notice has been given to the City except if such services or work are necessary to protect public health, safety or property as directed by the City Representative in writing.
14. 2. 2 If DB submits a request to change the GMP, DB shall: ( 1) inform City of any request to change the GMP or Contract Time at the next Project Team Meeting; ( 2) provide City with a list of recommended revisions which DB believes will bring Project within the GMP; and ( 3) assist City in reviewing the itemized cost breakdown and recommend revisions so that City can revise the scope of the Project so that the GMP is not exceeded.
14.2. 3 DB's notice to the City shall include a detailed and complete estimate of the cost and time impacts associated with the requested Change Order, including all appropriate direct and indirect costs and credits. All such costs and credits shall be accurately categorized into DB Fixed Fee, Reimbursable Costs or Hard Construction Costs. DB shall also provide City with a realistic estimate of the impact, if any, the Change Order will have on the Contract Time. DB shall provide complete and accurate pricing within ten ( 10) calendar days of the occurrence of the event that gives rise to a Change Order.
14.2.4 Upon submission of the detailed estimates by the DB, the Parties will attempt to negotiate an appropriate adjustment in GMP and Contract Time. If an agreement is reached, a Change Order reflecting the agreement will be executed by the Parties. If an agreement is not reached, the City shall have the option to direct the DB to proceed with the subject services and/ or work, during which time the DB shall contemporaneously maintain accurate and complete records of all labor, material and equipment utilized in performing the subject services and/ or work. These records shall be submitted to the City and shall become the basis for continued negotiations between the Parties for an equitable adjustment to the GMP and/ or Contract Time.
14.2. 5 In the event there is any disagreement or dispute between the Parties as to whether the DB is entitled to a Change Order or the amount of the Change Order, the matter shall be resolved in accordance with Section 33. DB shall not have the right to stop or delay in the prosecution of any services or work, including services or work that is the subject of the Change Order, pending this resolution process. Instead, DB shall continue diligently prosecuting all such services and work.
14.2.6 City may, in its sole discretion, adjust the GMP or Contract Time for any undisputed amount or time associated with the Change Order or Additional Services.
14. 3 All Change Orders, including zero dollar Change Orders which require the use of DB Contingency Fund, irrespective of impact on GMP and Contract Time shall require City approvals, however City shall not unreasonably withhold approval for use of contingency funds for changes normally encountered due to unforeseen omissions in the work packages and minor clarifications of the drawings.
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Section 15: Pavment Terms
15. 1 DB shall provide all Phase I Services for the Phase I Fee. DB shall submit certificate and application for payment to the City on a monthly basis for Phase I Services rendered and costs incurred. The monthly payment shall be based upon percentage of completion of the Schedule of Values plus any Reimbursable Costs as provided in Section 15.3.
15. 2 DB shall provide all Phase II Services for the Phase II Fee. DB shall submit certificate and application for payment to City on a monthly basis for Phase II Services. The monthly payment application shall be based upon the percentage of completion of the Schedule of Values plus any Reimbursable Costs and Hard Construction Costs as provided in Section 15.3 and 15.4, less any payments previously made by the City and subject to the receipt of unconditional lien releases for all prior payments and if the invoiced amount is not disputed by City, it shall pay DB ninety five percent ( 95%) of payment application based upon the percentage complete of the Schedule of Values and 100% of the reimbursable costs within thirty ( 30) days after receipt of the fully documented invoice. City will withhold the remaining 5% as security for DB's full performance.
15. 3 DB shall develop and maintain an accurate system for tracking all Reimbursable Costs.
Utilizing this system, DB shall include with each month payment application an itemization of all such Reimbursable Costs actually incurred by DB, during the previous month. If requested by the City, DB shall provide all backup documentation supporting such Reimbursable Costs.
15. 4 DB shall develop and maintain an accurate system for tracking all Hard Construction Costs it incurs on the Project. Utilizing this system, DB shall include with each monthly application for payment an itemization of all Hard Construction Costs actually incurred by DB during the previous month.
15. 5 DB shall separately submit to City certificate and application for payment on a monthly basis for any authorized Additional Services performed by DB. Subject to the receipt of unconditional lien releases for all prior payments and if Additional Services are not disputed by City, City shall pay ninety five percent ( 95%) of the invoiced amount within thirty ( 30) days of receipt of fully complete invoice. City will withhold the remaining 5% as security for DB' s full performance.
15. 6 Subject to Sections 15.8, City shall pay DB the five percent ( 5%) retention being withheld pursuant to Sections 15.2, and 15.5 as part of the " Final Payment" to DB. Final Payment will be made thirty- five ( 35) days after Final Completion.
15. 7 The City Manager will consider the release of the entire retention for subcontractors upon completion of the subcontractors' work and execution of a disclaimer and unconditional final lien release by the subcontractor.
15. 8 In lieu of withholding retention under this Agreement, at the election of DB, City will deposit retention amounts into escrow and/ or the substitution of securities for money as provided in California Public Contract Code Section 22300.
Section 16: Proiect Completion
16. 1 Substantial Completion shall be that stage in the progress of the construction when all Work on the Project is sufficiently complete in accordance with the Construction Documents so that City can fully utilize entire Project; Substantial Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of the Construction 00111420 1}
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Documents are in place and have been initially tested, and are operationally functional, subject only to final testing, balancing and adjustments and normal Final Completion punch list Work.
16. 2 Final Completion shall be deemed to occur on the last of the following events: ( 1) recordation of a Notice of Completion for the Project; ( 2) acceptance of the Project by the City; 3) issuance of a final Certificate of Occupancy for the Project; ( 4) submission of all documents required to be supplied by DB to City under this Agreement, including but not limited to As -Built Drawings, warranties, and operating manuals; ( 5) and delivery to City of a Certificate of Completion duly verified by DB.
16. 3 DB shall provide City with a Certificate of Completion, certifying to City under penalty of perjury that the Project has been completed in accordance with the Construction Documents, all applicable building codes and regulations, all permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating to the Project.
16. 4 DB shall provide one set of City final record drawing documents at the end of construction and one copy in electronic format (" As - Built Drawings"). As - Built Drawings are to be accurate and legible records showing exact location by dimensions, and the exact depth by elevation of underground lines, valves, plugged tees, wiring and utilities.
16. 5 DB shall provide a copy of, or make available before destruction, all records ( which includes all writings as defined in Evidence Code Section 250) to the City upon receipt or generation, which shall include a copy of DB' s filing protocol.
Section 17: Contract Time
17. 1 The " Contract Time" shall be the number of calendar days stated in Section 1 for DB to achieve Substantial Completion.
17. 2 " Time is of the essence" with regard to Contract Time and all milestones listed in the schedule.
17. 3 The Contract Time may only be changed by a Change Order as set forth in Section 14.
17. 4 Further, an extension in Contract Time will not be granted unless DB can demonstrate through an analysis of the Project Schedule that the increases in the time to perform or complete the Project, or specified part of the Project, beyond the corresponding Contract Time arise from unforeseeable causes beyond the control and without the fault or negligence of DB, its Design Consultants, and subcontractors or suppliers, and that such causes in fact lead to performance or completion of the Project, or specified part in question, beyond the corresponding Contract Time, despite DB's reasonable and diligent actions to guard against those effects.
17. 5 DB carries the burden of proving an entitlement to an increase in the Contract Time.
Delays attributable to and within the control of Design Support Consultants, or subcontractor or supplier shall be deemed to be delays within the control of DB. No time extension will be allowed for such delays. An increase in Contract Time does not necessarily mean that DB is due an increase in the GMP.
Section 18: Late Completion
18. 1 City and DB recognize that time is of the essence in this Agreement and that City will suffer financial loss if the Project is not completed within the Contract Time, plus any extensions 00111420 1}
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thereof allowed in accordance with Section 17.3. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by City if the Project is not completed on time. Accordingly, instead of requiring any such proof, City and DB agree that DB shall pay as liquidated damages ( but not as a penalty) for each calendar day of delay beyond the time specified for Substantial Completion of the Project, the following amounts which DB expressly agrees are " not unreasonable under the circumstances" as defined in California Civil Code § 1671( b): $ 4000 for each calendar day. Liquidated Damages shall not be assessed after the date on which Substantial Completion is achieved pursuant to Section 16.
Section 19: Right to Modify Work
19. 1 Without invalidating the Agreement and without notice to any surety, City may at any time or from time to time, order additions, deletions, or revisions in the Project; these will be authorized by a written Change Order prepared and issued by City. Upon receipt of any such document, DB shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Construction Documents ( except as otherwise specifically provided).
19. 2 When City desires a change in the Project, City may issue a Request for Proposal to DB.
DB will be required to respond within the time indicated by City.
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Section 21: Work By Others
21. 1 City may perform other work related to the Project at the Project Site by City' s own forces, or let other direct contracts (" City Contractor"). The City will give DB reasonable notice of its intent to do such other work. DB' s work shall take priority over the City Contractors; but the Parties will use their best efforts to coordinate their work so as to minimize the disruption to each other' s work and to allow City Contractor to proceed expeditiously.
21. 2 If the proper execution or results of any part of DB' s work depends upon the work by the City or City Contractor, DB shall promptly inspect and report to City in writing any apparent delays, defects, or deficiencies in the City' s work that render it unavailable or unsuitable for such proper execution and results. DB' s failure to promptly report such delays, defects, or deficiencies in writing before commencement of the affected work, will constitute an acceptance of the City' s work as fit and timely for integration with DB' s Work except for latent defects and deficiencies in the City' s work for which DB will not be responsible.
21. 3 If DB or any person or entity working for DB causes damage to the City' s or City Contractor' s work, property, or person, or if any claim arising out of DB' s performance of the Project by any other contractor is made against DB, by City, any other contractor, or any other person, DB shall promptly repair and/ or resolve said claim at no cost to City.
Section 22: Warranties and Guarantees
22. 1 DB warrants and guarantees to City that materials and equipment incorporated into the Project will be new unless otherwise specified and that all work will be in strict accordance with the Construction Documents and will not be defective. Prompt notice of defects known to City shall be given to DB. All Defective Work, whether or not in place, may be rejected, corrected, or accepted as reasonably directed by City, provided DB shall not be entitled to an extension in Contract Time or increase in GMP because of any delay or increase in cost attributable to the 00111420 1}
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rejection, correction or acceptance of said work. Defective work may be rejected even if approved by prior inspection.
22. 2 The warranty period shall commence when the Certificate of Final Completion is issued or at beneficial use by City prior to Final Completion, whichever occurs earlier, and extend one 1) year after that date or whatever longer period may be prescribed by laws or regulations or by the terms of any applicable special guarantee or specific provision of the Construction Documents.
22. 3 INTENTIONALLY LEFT BLANK.
22. 4 INTENTIONALLY LEFT BLANK.
22. 5 Correction of Defective Work - If within the designated warranty period, or such longer period as may be required by laws or regulations, the Project or any part of the Project, is discovered to contain defective work, DB shall promptly, without any reimbursement or adjustment in the GMP, and in accordance with City' s written instructions, either correct that defective work, or if it has been rejected by City remove it from the Project and replace it with work which is not defective. If circumstances warrant it, including but not limited to, in an emergency, City or DB may have the defective work corrected or the defective work removed and replaced. In that event, DB shall not be allowed to recover any associated costs, and DB shall reimburse City for all direct, and indirect costs of City, and City shall be entitled to an appropriate decrease in the GMP, to withhold a setoff against amount recommended for payment, or make a claim on DB' s bond if DB has been paid in full.
22. 6 With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and materials furnished under this Agreement, the DB shall:
22. 6. 1 Obtain all warranties that would be given in normal commercial practice and as required by the City;
22. 6.2 Require all warranties to be executed, in writing, for the benefit of City;
22. 6. 3 Enforce all warranties for the benefit of City, if directed by City;
22. 6.4 In the event DB' s warranty under Section 22. 2 has expired, City may bring suit at its expense to enforce a subcontractor' s, manufacturer' s, or supplier' s warranty;
22. 6. 5 DB shall assign all subcontractor, supplier and manufacturer warranties including maintenance contracts from the installer for specialized equipment to cover the limited warranty period to City at the expiration of the one year warranty.
Section 23: Use and Possession Prior to Completion
23. 1 City shall have the right to take possession of or use any completed or partially completed part of the Work if mutually agreed upon by the parties. Before taking possession of or using any Work, City shall furnish DB a list of items of Work remaining to be performed or corrected on those portions of the Work that City intends to take possession of or use. However, failure of City to list any item of Work shall not relieve DB of responsibility for complying with the terms of this Agreement. City' s possession or use shall not be deemed an acceptance of any Work under this Agreement, nor relieve the DB of any of its obligations under this Agreement. 00111420 1}
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23. 2 While City has such possession or use, DB shall be relieved of the responsibility for the loss of or damage to the Work resulting from City' s possession or use. If prior possession or use by City delays the progress of the Work or causes additional expense to DB, an equitable adjustment shall be made in the GMP or the Contract Time, and the Agreement shall be modified in writing accordingly.
Section 24: Personal Services and Non - Assignability
24. 1 This is a personal services Agreement and, therefore, DB shall not alter the key employees or Design Consultants nor assign or transfer, voluntarily or involuntarily, any of its rights, duties or obligations under this Agreement except upon the prior written consent of City. Any such change, assignment or transfer without the prior written consent of the City shall be deemed null and void and constitute a material breach under this Agreement.
Section 25: Indemnification
25. 1 To the fullest extent permitted by the law, DB shall indemnify, defend, protect and hold harmless City, their elected and appointed officers, agents, employees, consultants, ( collectively herein the " Indemnitees"), from and against all claims, demands, causes of action, damages, injuries, liabilities, losses and expenses ( including, without limitation, reasonable attorneys' and consultants' fees and expenses) of any kind whatsoever, arising in whole or in part out of or resulting from DB' s performance of this Agreement, DB' s breach of this Agreement, or the alleged negligent acts or omissions of DB, its architects, engineers, other professionals and consultants, Contractors, suppliers or anyone directly or indirectly employed by any of them or anyone for whose acts they may be liable. The obligations of the DB under this paragraph for errors or omissions, including those of the design professional subcontractors, which includes the Design Subcontractors, consultants, agents and employees thereof (" Design Subcontractors"), which arise from ( 1) the preparation or approval of maps, drawings, opinions, reports, surveys, designs or specifications, or ( 2) the giving of or the failure to give directions or instructions shall not be limited to the amount of coverage provided for in the professional liability insurance policy. If City is fully reimbursed by DB' s insurance for any loss covered by this paragraph, DB shall have no further obligation for such loss.
25. 2 DB' s obligation to indemnify under Section 25. 1 shall not extend to such claims, demands, causes of action, damages, injuries, liabilities, losses and expenses, to the extent that such is the result of the active negligence or the willful misconduct of an Indemnitee. DB' s obligation to defend under Section 25. 1, if not covered by the insurance to be provided on the Project, shall not extend to such claims, demands, causes of action, damages, injuries, liabilities, losses and expenses, or causes of actions, to the extent that such are caused by the active negligence or the willful misconduct of the Indemnitee, and from no other cause.
25. 3 DB shall ensure that any asbestos or hazardous or toxic substances encountered on the site is properly removed and disposed of in accordance with all state or federal statutes or regulations. DB' s obligation regarding the removal or disposal of asbestos or hazardous or toxic substances, products or materials shall be limited to the proper removal within the Project boundaries and the proper disposal of such materials. The DB agrees to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its elected and appointed officers, employees, agents and consultants from and against any and all claims, suits, demands, liabilities, losses, or costs, including reasonable attorney' s fees and defense costs, resulting or accruing to any and all persons, firms, and any other legal entity, caused by, arising out of or in any way connected with the removal or disposal of any asbestos or hazardous or toxic substances, products or materials that exist on the jobsite whether liability arises under breach of 00111420 1}
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contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action.
Section 26: Right to Terminate and Suspend Work
26. 1 Archaeological and Paleontological Discoveries: If a discovery is made of an archaeological or paleontological interest, DB shall immediately cease operations in the area of the discovery and shall not continue until ordered by City. When resumed, operations within the area of the discovery shall be as directed by City.
26. 1. 1 Discoveries which may be encountered may include, but are not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, fossils or any item with cultural significance.
26. 1. 2 DB shall be entitled to an extension of time and compensation in accordance with the provisions of this Agreement.
26. 2 Termination of Agreement by City for Cause: If, through any cause, DB shall fail to fulfill in a timely and proper manner DB' s obligations under this Agreement, or if DB shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to DB of such termination and specifying the effective date thereof at least five ( 5) days before the effective date of such termination. All finished or unfinished documents, data, studies, drawings, maps, plans, specifications, reports, electronic files, and other materials prepared by DB, or any of its agents, Design Consultants or Subcontractors, shall, at the option of the City, become the property of the City, and DB shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed amounts payable hereunder, and less any damages caused by DB' s breach.
26. 2. 1 In the event the Agreement is terminated in accordance with this Section, City may take possession of the Project and may complete the Project by whatever method or means City may select.
26. 2. 2 If the cost to complete the Project exceeds the balance, which would have been due, DB shall pay the excess amount to City.
26. 2. 3 Rights of City Preserved: Where DB's services have been so terminated by City, the termination will not affect any rights or remedies of City against DB then existing or which may thereafter accrue. Any retention or payment of moneys due DB by City will not release DB from liability. It is agreed that termination hereafter will not in any way release, waiver, or abridge any rights the City has against DB' s performance bond surety.
26. 3 Any dispute as to the amount due or owed to DB upon termination under this section shall be resolved in accordance with Section 26.
26. 4 Termination for Convenience by City: City may terminate this Agreement at any time and for any reason, by giving specific written notice to DB of such termination and specifying the effective date thereof, at least seven ( 7) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City' s sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, DB shall be entitled to receive just and equitable compensation for any satisfactory Work completed to the effective date of such termination. DB 00111420 1}
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hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein.
26.4. 1 Records and Documents Relating to Termination: Unless otherwise provided in the Agreement or by statute, DB shall maintain all records and documents relating to the terminated portion of this Agreement for three ( 3) years after final settlement. This includes all books and other evidence bearing on DB' s costs and expenses under this Agreement.
DB shall make these records and documents available to City, at DB' s office, at all reasonable times, without any direct charge. If approved by the City Manager, photographs, electronic files, microphotographs, or other authentic reproductions may be maintained instead of original records and documents.
26. 5 Upon receipt of the Notice of Termination, DB shall take any action that may be necessary, or that the City Manager may direct, for the protection and preservation of the property related to this Agreement that is in the possession of DB and in which City has or may acquire an interest.
26. 6 Payment to DB Due to Termination - DB and the City Manager may agree upon the whole or any part of the amount to be paid because of the termination. The amount may include a fee proportional to the percentage of work satisfactorily completed. However, the agreed amount may not exceed the total dollar amount authorized by City as reduced by the amount of payments previously made.
26. 7 Failure to Agree on Payment - If DB and City fail to agree on the whole amount to be paid because of the termination of Project, City shall pay DB the fair and reasonable amounts determined in good faith by City as follows, but without duplication of any amounts agreed to above:
26. 7. 1 The price for completed services accepted;
26. 7.2 The costs incurred in the performance of the Project terminated, including initial costs and preparatory expense allocable thereto. These costs are only for Work completed and accepted by the City based on an audit of all Contractors' bills of materials and the timecards for Work actually performed;
26. 7. 3 DB and Design Subcontractor services through the date of termination shall be paid based on actual time spent as documented on timecards. Expenses shall be paid based on invoice and receipts provided by DB;
26. 7.4 Under no circumstances will DB be entitled to any consideration for lost profit or lost opportunity costs;
26. 8 If DB does not agree that the amount determined by the City Manager is fair and reasonable and if DB gives notice of such disagreement to City within thirty ( 30) days of receipt of payment, then the amount due shall be as later determined pursuant to the Dispute Resolution procedures in Section 26.
26. 9 Payment for Property Destroyed, Lost, Stolen or Damaged - Except to the extent that City expressly assumed the risk of loss, the City Manager shall exclude from the amounts payable to DB under this Section, the fair value, as determined by the City Manager, of property that is destroyed, lost, stolen, or damaged so as to become undeliverable to City.
26. 10 Deductions - In arriving at the amount due DB under this section, there shall be deducted:
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26. 10. 1 Any claim which City has against DB under this Agreement; and
26. 10.2 The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by DB or sold under the provisions of this clause and not recovered by or credited to City.
26. 11 Termination of Agreement by DB:
26. 11. 1 DB may terminate the Agreement upon ten ( 10) days written notice to City, whenever:
26. 11. 1.1 The Project has been suspended under the provisions of Section 26. 1 or 26.2, for more than ninety ( 90) consecutive days through no fault or negligence of DB, and notice to resume Work or to terminate the Agreement has not been received from City within this time period; or
26. 11. 1.2 City should fail to pay DB any monies due it in accordance with the terms of this Agreement and within ninety ( 90) days after presentation to City by DB of a request therefore, unless within said 10-day period City shall have remedied the condition upon which the payment delay was based.
26. 11.2 In the event of such termination, DB shall have no claims against City except for those claims specifically enumerated in Section 26. 9, herein, and as determined in accordance with the requirements of said Section.
Section 27: IndeDendent Contractor
27. 1 DB and any Design Consultant, Contractor, Subcontractor, agent or employee of DB, shall act as an independent contractor and not as an agent, officer or employee of City. Except as expressly provided in this Agreement, City assumes no liability for DB' s actions and performance; in particular, but without limitation, City assumes no responsibility for paying any taxes, bonds, payments or other commitments, implied or explicit, by or for DB. DB acknowledges that it is aware that because it is an independent contractor, City is making no deductions from the fees for services being paid to DB and that City is not contributing to any fund on the behalf of DB. DB disclaims the right to any type of additional fee or benefits.
Section 28: Independent Judgment
28. 1 Unless otherwise directed in writing by City, DB shall, in providing the professional services required by this Agreement, arrive at conclusions with respect to the rendition of information, advice and recommendations, independent of the control and direction of City, other than normal contract monitoring; DB, however, shall possess no authority with respect to any City decision beyond rendition of such information, advice and recommendations. DB shall not have the authority to act as an agent on behalf of City unless specifically authorized to do so by City in writing.
Section 29: Maintenance of Records and Accounting
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under this Agreement. City will have the right at any time, including during the performance of all Phases of the Project to audit and copy all such records.
Section 30: Ownership of Documents
30. 1 Drawings, plans and specifications, and all reports, studies, tracings, maps, electronic files, and other documents prepared or obtained by DB in the course of performing the work under this Agreement shall be the property of City, and DB shall convey and transfer all copyrightable interests in such drawings, plans and specifications, documents to City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by DB under this Agreement shall, upon request, be made available to City. City agrees to use the original plans and drawings for purposes of this construction project only and will not use the original plans or drawings in connection with any other construction project. City agrees to indemnify, defend and hold harmless DB against any claims, losses, costs or damages as a result of City' s reuse or misuse of such plans, drawings and specifications. In the event of the return of the plans, drawings, or specifications to DB or its representative, DB shall be responsible for their safe return to City. DB shall be entitled to retain copies of the plans, drawings and specifications for their files.
Under no circumstances shall DB fail to deliver any draft or signed and sealed final plans, drawings or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between DB and City concerning payment, performance of Agreement, or otherwise.
This covenant shall survive the termination of the Agreement.
30. 2 Title to Intellectual Property. DB shall represent that it has secured all necessary licenses, consents or approvals to use the components of any intellectual property, including computer software, used in the rendering of services and the production of the materials for the Project and that City has full legal title to and the right to reproduce such materials. DB covenants to defend, indemnify and hold City harmless of any loss, claim or liability in any way related to a claim that City is violating, as a result of any services rendered by the DB, either any contractual provisions or any federal, state or local law, relating to trade names, licenses, franchises, patents or other means of protecting interests in products or inventions.
Section 31: Force Majeure
31. 1 Any party to this Agreement may be excused for any delay or failure to perform its duties and obligations under this Agreement, except for obligations to pay money, but only to the extent that such failure or delay is caused by an Event of Force Majeure as set forth in Section 31.2. If an Event of Force Majeure set forth in Section 31.2 causes a delay or failure in performance of only a portion of the obligations of a Party under this Agreement, then only that portion of performance which was delayed or prevented by such cause shall be deemed excused, and the performance of all other obligations of a Party not so delayed shall not be excused by an Event of Force Majeure. Delay or failure in performance of all other obligations of a Party not so delayed shall not be excused by such Event of Force Majeure. Delay or failure in performance by a Party which is the result of an Event of Force Majeure set forth in Section 31. 2 shall be deemed excused for a period no longer than the delay or failure in performance caused by such Event.
31. 2 An Event of Force Majeure means an occurrence beyond the control and without the fault or negligence of a Party, including but not limited to unusually severe weather, flood, earthquake, fire, lightning, and other natural catastrophes, acts of God or the public enemy, war, terrorist act, riot, insurrection, civil disturbance or disobedience, strike or labor dispute for which DB is not responsible, expropriation or confiscation of facilities, changes of applicable law, or sabotage of facilities, so long as such Party makes good faith and reasonable efforts to remedy the delays or failures in performance caused thereby. However, DB, in developing the GMP and Project 00111420 1}
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Schedule, has incorporated three ( 3) days for anticipated adverse weather days that may disrupt work on the Project; DB shall be entitled to relief under this Section for adverse weather only to the extent adverse weather days exceed this amount of days.
31. 3 A Party shall give written notice to the other Party as soon after becoming aware of the delay or failure in performance caused by an Event of Force Majeure as is reasonably possible, but in any event within five ( 5) working days after Party becomes aware of such delay or failure.
31. 4 No Event of Force Majeure shall be a basis for monetary adjustment to the GMP. Costs incurred by the DB as a result of a Force Majeure Event will be reimbursed according to the terms of this Agreement from the Contingency Fund.
Section 32: Hazardous Materials
32. 1 In the event the DB or any other party encounters asbestos or hazardous or toxic materials at the Project Site, or should it become known in any way that such materials may be present at the Project Site or any adjacent areas that may affect the performance of the DB' s services, the DB may, at his or her option and without liability for consequential or any other damages, suspend performance of services on the Project until the City retains appropriate specialist consultant( s) or contractor( s) to identify, abate and/ or remove the hazardous or toxic materials, and warrant that the Project Site is in full compliance with applicable laws and regulations.
Section 33: Disputes
33. 1 All claims, counterclaims, disputes, and other matters in question arising under, or relating to, the Agreement or the breach thereof shall be processed in accordance with the provisions of this Section, unless specifically addressed by another provision of this Agreement.
33. 2 DB shall submit its written request for additional compensation for work beyond the scope of this Agreement to City pursuant to Section 9. City shall make a determination on DB's request in writing within 7 days of receipt of request and all supporting data. Said request for approval of work beyond the scope of this Agreement shall be made in good faith and accurately reflect the adjustment in project fee or schedule for which DB believes City is liable, and covers all costs and delays to which DB believes it is entitled as a result of the occurrence of the claimed event. All requests for adjustment in schedule shall include an analysis of the impact of the claimed work on specific activities on the schedule.
33. 3 If DB disagrees with City' s determination, DB shall file a claim in writing in accordance with the procedures set forth in Chapter 1.28 of the Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of the same.
33. 4 Pending final resolution of any claim, including litigation, DB shall proceed diligently with performance of the Project, and comply with any direction of City.
Section 34: Notices
34. 1 All notices, demands or other communications hereunder shall be given or made in writing and shall be delivered personally or sent by courier or registered or certified mail, return receipt requested, postage prepaid, addressed to the Party to whom they are directed at the following addresses, or at such other addresses as may be designated by notice from such Party:
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To CITY:
Engineering Department
Attn: Gabe Grewe
200 Civic Center Drive
Vista, CA 92084
XXX
XXX
XXX, CA XXX
Any notice, demand or other communication given or made solely by mail in the manner prescribed in this Section shall be deemed to have been given and to be effective three ( 3) days after the date of such mailing; provided, however, that any notice, demand or other communication which would otherwise be deemed to have been given on a day which is not a working day shall be deemed to have been given on the next subsequent working day.
Section 35: Miscellaneous Terms
35. 1 Representations: Each Party hereto declares and represents that in entering into this Agreement it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Agreement is being made without reliance upon any statement or representation of any other Party not contained herein, or any representative, agent or attorney of any other Party.
35. 2 Severability: If any term or condition of this Agreement is held to any extent to be invalid or unenforceable, all the remaining terms and conditions shall be enforceable to the fullest extent permitted by law.
35. 3 Entire Agreement: This Agreement contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations and rights of the Parties in respect of each other regarding the subject matter of this Agreement. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Agreement shall be valid unless it is in writing and signed by the Parties hereto.
35. 4 Drafting Ambiguities: The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the Parties hereto. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.
35. 5 Applicable Law: The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California. Venue for mediation, arbitration and/ or actions arising out of this Agreement shall be in the City of Vista, California.
35. 6 Waiver: Unless otherwise expressly provided herein, no delay or omission by the Parties hereto in exercising any right or remedy provided for herein shall constitute a waiver of such right or remedy, nor shall it be construed as a bar to or a waiver of any such right or remedy on any future occasion.
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Design / Build Services Agreement
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35. 7 Effect of Headings: Headings appearing in this Agreement are inserted for convenience of reference only, and shall in no way be construed to be interpretations of the provisions hereof.
35. 8 Amendments: This Agreement may be modified, amended or supplemented only by the mutual written agreement of the Parties hereto.
35. 9 Authorization and Compliance: Each Party represents that it is duly authorized to execute and carry out the provisions of this Agreement.
35. 10 Further Assurances: The Parties agree to do such further acts and things and execute and deliver such additional agreements and instruments as the other may reasonably require to consummate, evidence or confirm the agreements contained herein in the manner contemplated hereby.
35. 11 Counterparts: This Agreement may be executed by the Parties in one or more counterparts, all of which taken together shall constitute one and the same instrument. The facsimile signatures of the Parties shall be deemed to constitute original signatures, and facsimile copies hereof shall be deemed to constitute duplicate original counterparts.
35. 12 Exhibits: All Exhibits are incorporated herein by reference into this Agreement.
35. 13 Third Party Beneficiary: Nothing within this Agreement shall create a contractual relationship between the City and any third party.
35. 14 Counterparts; Electronic Signatures; Electronic Delivery: This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven. Further, the exchange of this entire executed Agreement and/ or such exhibit( s) or document( s)) that is in photostatic or portable document format (. pdf) form by electronic mail or by another electronic means shall be considered original( s) and shall constitute effective execution and delivery of the original( s).
Section 36: Prevailing Wages; Labor Law Compliance
This contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works. Design - Builder agrees to execute City' s Agreement to Comply with California Labor Law Requirements ( Exhibit 5) and to comply with the Labor Code to the extent that work under this Agreement is subject to those requirements.
Continued on next page]
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Design / Build Services Agreement
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Section 37: Execution
IN WITNESS WHEREOF; the Parties hereto have executed this Agreement as of the Agreement Date.
city°° Design Builder"
CITY OF VISTA, a chartered municipal XXX, XXXX
corporation
BY:
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
BY:
By:
Name/ Title
BY:
APPROVED AS TO FORM: Name/ Title
WALTER CHUNG, CITY ATTORNEY
M
RISK MANAGEMENT REVIEW:
DOLORES GASCON, RISK MANAGER
BY:
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Design / Build Services Agreement
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EXHIBIT LIST
1. Design/ Build Services Proposal, Schedule of Rates, and Project Schedule
2. Insurance and Bonding Requirements
3. Request for Proposal ( RFP)
4. Project Site
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EXHIBIT 2
Insurance and Bonding Requirements
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INSURANCE AND BONDING REQUIREMENTS
Contractor shall procure and maintain for the duration of the Contract, and for one year thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
Commercial General Liability (" CGL"): Insurance Work Office Form CG 00 01 covering CGL on an " occurrence" basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than 2,000, 000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/ location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Work Office Form Number CA 0001 covering Code 1 any auto), with limits no less than $ 2,000, 000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $ 1,000, 000 per accident for bodily injury or disease.
4. Surety Bonds as described below.
Contractor shall also provide the additional coverages checked below and at least as broad as:
5. Contractors' Pollution Legal Liability and/ or Asbestos Legal Liability and/ or Errors and Omissions ( if Project involves environmental hazards) with limits no less than 1,000, 000 per occurrence or claim, and $ 2, 000, 000 policy aggregate.
6. Builder' s Risk ( Course of Construction) insurance utilizing an "All Risk" ( Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions.
7. ® Professional Liability ( if Design/ Build), with limits no less than $ 1,000, 000 per occurrence or claim, and $ 2,000, 000 policy aggregate.
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Deductibles and Self - Insured Retentions
Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall reduce or eliminate such 000439971 1 of 4
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deductibles or self -insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor' s insurance ( at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.
2. For any claims related to this Project, the Contractor' s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor' s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.
Builder' s Risk ( Course of Construction) Insurance
Contractor may submit evidence of Builder' s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.
If the Project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such Projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City' s site.
Claims Made Policies
If any coverage required is written on a claims -made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the Contract or the beginning of Contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five ( 5) years after completion of Contract work.
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3. If coverage is canceled or non - renewed, and not replaced with another claims - made policy form with a retroactive date prior to the Contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five 5) years after completion of Contract work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead -based paint or asbestos identification/ remediation, the Contractors Pollution Liability policy shall not contain lead -based paint or asbestos exclusions. If the services involve mold identification/ remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A. M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this Contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor' s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Surety Bonds
Contractor shall provide the following Surety Bonds if checked:
1. Bid Bond.
2. ® Payment Bond and Performance Bond.
3. Maintenance Bond.
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The Payment Bond and the Performance Bond shall be in an amount equal to the Contract Ceiling Price. If the Performance Bond provides for a one- year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10% of the Contract price is required.
Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 000439971 4 of 4
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EXHIBIT 5
Agreement to Comply with California Labor Law Requirements 03/25/2025
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AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
Labor Code §§ 1720, 1771. 1, 1725. 5, 1773. 3, 1773. 8, 1775, 1776, 1777. 5, 1813, 1860, 1861, 37001 The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law:
1. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725. 5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771. 1(a)]. No contractor or subcontractor of any tier may be awarded a contract for public work on a public works project without proof of registration with the Department of Industrial Relations pursuant to Labor Code section 1725. 5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
2. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (" Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein.
3. Contractor agrees to comply with the provisions of California Labor Code Section 1773. 8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.
4. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($ 50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor.
5. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to ( 1) keep accurate payroll records, ( 2) certify and make such payroll records available for inspection as provided by Section 1776, and ( 3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1777. 5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777. 5 by itself and all of its subcontractors.
7. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty- five dollars ($ 25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
8. Registrations under Section 1725. 5 expire annually at the end of June, and Contractor is responsible for verifying the renewal status of each subcontractor, of any tier, working on this Contract, and providing City with an updated list of all subcontractors and their registration status. Subcontractors who do not timely renew their registration must be removed from the job site until they are registered. The removal of a subcontractor for failure to be registered shall not be cause for any extension of time or additional compensation of any nature under the Contract.
9. Contractor shall provide to City, as a condition precedent to the payment of Contractor' s final retention, a complete list of all subcontractors who have worked on the Project, including their registration numbers. This list must be provided at least 30days prior to the payment of the final retention and shall be submitted under penalty of perjury.
10. To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend and hold harmless City, 000195963
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and its directors, officers, employees and agents from and against all liability, excluding penalties assessed against City under Labor Code Section 1773. 3, but including, without limitation, associated investigation and administrative expenses, defense costs, reasonable attorneys' fees, expert witness fees, court costs, and costs of alternative dispute resolution, resulting from Contractor' s failure to comply with the provisions of this section and of Article 2, Chapter 1, Part 7, Division 2 of the California Labor Code with respect to Contractor, all subcontractors of any tier, and their respective employees working under this Contract.
11. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker' s compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
Signature Date
Name/ Title Company:
000195963
03/25/2025
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EXHIBIT 4
Project Site — No Attachment
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EXHIBIT 5
Agreement to Comply With California Labor Law Requirements 03/25/2025
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AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
Labor Code §§ 1720, 1771. 1, 1725. 5, 1773. 3, 1773. 8, 1775, 1776, 1777. 5, 1813, 1860, 1861, 37001 The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law:
1. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725. 5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771. 1(a)]. No contractor or subcontractor of any tier may be awarded a contract for public work on a public works project without proof of registration with the Department of Industrial Relations pursuant to Labor Code section 1725. 5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
2. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (" Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein.
3. Contractor agrees to comply with the provisions of California Labor Code Section 1773. 8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.
4. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($ 50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor.
5. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to ( 1) keep accurate payroll records, ( 2) certify and make such payroll records available for inspection as provided by Section 1776, and ( 3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1777. 5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777. 5 by itself and all of its subcontractors.
7. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty- five dollars ($ 25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
8. Registrations under Section 1725. 5 expire annually at the end of June, and Contractor is responsible for verifying the renewal status of each subcontractor, of any tier, working on this Contract, and providing City with an updated list of all subcontractors and their registration status. Subcontractors who do not timely renew their registration must be removed from the job site until they are registered. The removal of a subcontractor for failure to be registered shall not be cause for any extension of time or additional compensation of any nature under the Contract.
9. Contractor shall provide to City, as a condition precedent to the payment of Contractor' s final retention, a complete list of all subcontractors who have worked on the Project, including their registration numbers. This list must be provided at least 30days prior to the payment of the final retention and shall be submitted under penalty of perjury.
10. To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend and hold harmless City, 000195963
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and its directors, officers, employees and agents from and against all liability, excluding penalties assessed against City under Labor Code Section 1773. 3, but including, without limitation, associated investigation and administrative expenses, defense costs, reasonable attorneys' fees, expert witness fees, court costs, and costs of alternative dispute resolution, resulting from Contractor' s failure to comply with the provisions of this section and of Article 2, Chapter 1, Part 7, Division 2 of the California Labor Code with respect to Contractor, all subcontractors of any tier, and their respective employees working under this Contract.
11. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker' s compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
Signature Date
Name/ Title Company:
000195963
03/25/2025
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ANY PROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
A/ C, No):(A/ C, No, Ext):
E- MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF POLICY
EXPTYPEOF INSURANCE LIMITS(MM/ DD/ YYYY)( MM/ DD/ YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TORENTEDCLAIMS-MADE OCCUR $ PREMISES ( Ea occurrence) MED EXP ( Any one person)$
PERSONAL & ADV INJURY $
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/ OPAGGJECT
OTHER:$
COMBINED SINGLE LIMIT
Ea accident)
ANY AUTO BODILY INJURY ( Per person)$
OWNED SCHEDULED
BODILY INJURY ( Per accident)$AUTOS ONLY AUTOS
HIRED NON- OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY ( Per accident)
OCCUR EACH OCCURRENCE
CLAIMS- MADE AGGREGATE $
DED RETENTION $
PER OTH-
STATUTE ER
E. L. EACH ACCIDENT
E. L. DISEASE - EA EMPLOYEE $
If yes, describe under
E. L. DISEASE - POLICYLIMITDESCRIPTION OF OPERATIONS below INSURER( S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
1988- 2015 ACORD CORPORATION. All rights reserved.ACORD 25 ( 2016/ 03)
CERTIFICATE OF LIABILITY INSURANCE
DATE ( MM/ DD/ YYYY)
The ACORD name and logo are registered marks of ACORD
5/ 2/ 2024
License # 0L48969
619) 233- 8000 ( 619) 864- 7106
23140
Dick Miller, Inc.
930 Boardwalk Suite H & G
San Marcos, CA 92078
24856
11150
10172
A 1, 000, 000
X X AES102480613 11/ 6/2023 11/ 6/ 2024 100, 000
BI/ PD DED: $ 10, 000 1, 000, 000
2, 000, 000
2, 000, 000
5, 000,000B
X X UX00000040101 11/ 6/2023 11/ 6/ 2024 5, 000, 000
0 C
X ZAWCI1815002 7/ 1/ 2023 7/ 1/ 2024 1, 000, 000
1, 000, 000
1, 000, 000
D Pollution Liab./ TPL G28295741004 11/ 6/2023 $ 2MIL/ Ded $ 25K Job 8339 & 8358
RE: CIP NO. 8339 & 8358 FOOTHILL/ OAK AND BOBIER/ CALLE JULES ROUNDABOUTS PROJECT Additional insureds are included as/ where required by written contract as respects to General Liability and Pollution Liability, General Liability and Pollution Liability waiver of subrogation, General Liability and Pollution Liability Primary Non- Contributory wording, Workers Compensation Waiver of Subrogation but limited to the operations of the Insured under said contract, and always subject to all the policy terms, conditions and exclusions per endorsements attached.
Excess Liability is over General Liability and Employers Liability only.
SEE ATTACHED ACORD 101
CITY OF VISTA
200 Civic Center Dr.
Vista, CA 92084
DICKMIL- 01 FLAMA1
C3 Risk & Insurance Services
404 Camino Del Rio S. STE 410
San Diego, CA 92108 certs@c3insurance. com
Associated Industries Ins. Co., Inc
Admiral Insurance Company
ARCH INSURANCE COMPANY
Westchester Surplus Lines Ins
X
11/ 6/ 2024
X
X
X
X
X
X
X
DocuSign Envelope ID: 927B90A6- EC0C- 410C- AF97- 1F9436E7B75E 03/25/2025
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FORM NUMBER:
EFFECTIVE DATE:
The ACORD name and logo are registered marks of ACORD
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE
FORM TITLE:
Page of
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 ( 2008/ 01)
AGENCY CUSTOMER ID:
LOC #:
AGENCY NAMED INSURED
POLICY NUMBER
CARRIER NAIC CODE
2008 ACORD CORPORATION. All rights reserved.
C3 Risk & Insurance Services
DICKMIL- 01
SEE PAGE 1
1 SEE PAGE 1
ACORD 25 Certificate of Liability Insurance
License # 0L48969
1 SEE P 1
Dick Miller, Inc.
930 Boardwalk Suite H & G
San Marcos, CA 92078
SEE PAGE 1
FLAMA1
1 Description of Operations/ Locations/ Vehicles:
The City, its officers, officials, employees, and volunteers are included as additional insured per the attached. Waiver of Subrogation in favor of the additional insured per the attached.
DocuSign Envelope ID: 927B90A6- EC0C- 410C- AF97- 1F9436E7B75E 03/25/2025
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POLICY NUMBER: COMMERCIAL GENERAL
LIABILITY AES GL 22 04 18
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AES GL 22 04 18 Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission NOTICE OF CANCELLATION – DESIGNATED ENTITY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL EXCESS LIABILITY COVERAGE PART
It is agreed that should this policy be cancelled before the expiration date thereof, the issuing company will endeavor to mail ____ day written notice ( 10 days for non- payment of premium) to the following additional insured:
Failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agent or representatives.
All other terms and conditions of the policy remain unchanged.
Designated Entity:
AES1024806 13
30 All persons or organizations where required by written contract with the Named Insured DocuSign Envelope ID: 927B90A6- EC0C- 410C- AF97- 1F9436E7B75E 03/25/2025
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COMMERCIAL GENERAL LIABILITY
CG 20 34 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 34 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ADDITIONAL INSURED – LESSOR OF LEASED
EQUIPMENT – AUTOMATIC STATUS WHEN
REQUIRED IN LEASE AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Who Is An Insured ( Section II) is amended to
include as an additional insured any person or or-
ganization from whom you lease equipment when
you and such person or organization have agreed
in writing in a contract or agreement that such per-
son or organization be added as an additional in-
sured on your policy. Such person or organization
is an insured only with respect to liability for " bodily injury", " property damage" or " personal and adver-
tising injury" caused, in whole or in part, by your
maintenance, operation or use of equipment
leased to you by such person or organization.
A person’ s or organization’ s status as an additional
insured under this endorsement ends when their
contract or agreement with you for such leased
equipment ends.
B. With respect to the insurance afforded to these
additional insureds, this insurance does not apply
to any " occurrence" which takes place after the
equipment lease expires.
Policy Number: AES1024806 13
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ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s): Location( s) Of Covered Operations All persons or organizations where required by
written contract with the Named Insured
Any location where you perform work for such
additional insured
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only
with respect to liability for " bodily injury", " property damage" or " personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured( s) at the location( s) desig-
nated above.
B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:
This insurance does not apply to " bodily injury" or
property damage" occurring after:
1. All work, including materials, parts or equip-
ment furnished in connection with such work, on
the project ( other than service, maintenance or
repairs) to be performed by or on behalf of the
additional insured( s) at the location of the
covered operations has been completed; or
2. That portion of " your work" out of which the
injury or damage arises has been put to its in-
tended use by any person or organization other
than another contractor or subcontractor en-
gaged in performing operations for a principal
as a part of the same project.
POLICY NUMBER: AES1024806 13 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 DocuSign Envelope ID: 927B90A6- EC0C- 410C- AF97- 1F9436E7B75E 03/25/2025
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ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Person( s) or
Organization( s): Location and Description of Completed Operations All persons or organizations where written contract
with the Named Insured requires additional insured
completed operations coverage. This form does not
apply to your work on " residential property".
Any location where you perform work for such
additional insured
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II – Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only with
respect to liability for " bodily injury" or " property damage" caused, in whole or in part, by " your work"
at the location designated and described in the
schedule of this endorsement performed for that
additional insured and included in the " products-
completed operations hazard".
POLICY NUMBER: AES1024806 13 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 DocuSign Envelope ID: 927B90A6- EC0C- 410C- AF97- 1F9436E7B75E 03/25/2025
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POLICY NUMBER: AES1024806 13 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NX GL 009 08 09 Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission
PRIMARY AND NON- CONTRIBUTING INSURANCE
THIRD- PARTY)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Third Party:
All persons or organizations where required by written contract with the Named Insured Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following:
4. Other Insurance:
With respect to the Third Party shown above, this insurance is primary and non- contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co- insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy.
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POLICY NUMBER: AES1024806 13 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09
CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
All persons or organizations where required by written contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
your work" done under a contract with that person
or organization and included in the " products-
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
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POLICY NUMBER: AES1024806 13 COMMERCIAL GENERAL LIABILITY NX GL 018 08 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NX GL 018 08 09 Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission EXCLUSION – CROSS SUITS
NAMED INSUREDS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following Exclusion is added to SECTION I – COVERAGES, paragraph 2. Exclusions of COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and paragraph 2. Exclusions of COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY:
2. Exclusions
This insurance does not apply to:
Suits between Named Insureds:
Any obligation to defend any “ suit” or claim against the “ insured” alleging “ bodily injury,” “property damage,” or personal and advertising injury” resulting from, relating to, alleged by or brought between one Named Insured against another Named Insured under this policy.
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POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
AES GL 062 01 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AES GL 062 01 15 Page 1 of 2
Includes copyrighted material of Insurance Services Office, Inc., with its permission EXCLUSION – DESIGNATED RESIDENTIAL
CONSTRUCTION WORK
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
A. The following Exclusion is added to SECTION I – COVERAGES, paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY:
2. Exclusions
This insurance does not apply to:
Designated Residential Construction Work
In consideration of the premium charged, it is agreed that this insurance does not apply to " bodily injury," property damage," or " personal and advertising injury" which, in whole or in part, directly or indirectly, arises out of or is related to any past, present, continuing or future " residential construction work" performed by or on behalf of an " insured," or by or on behalf of any other person or entity, on " residential property.” We have no duty to investigate, adjust or defend, or to pay any investigation, adjustment or defense costs, including attorney' s fees, with respect to, a claim or " suit" seeking damages for such injury or damage.
This exclusion does not apply to injury or damage arising out of or relating to:
a." Repair or remodeling work" performed by or on behalf of an insured on a single unit of " residential property" ( such as one home, one condominium unit or other singular dwelling unit). b. maintenance, service, or non- structural repairs to common areas of completed and occupied condominium project”, “ townhouse project”, “ row house project” or “ tract home project”.
B. The following are added to SECTION V – DEFINITIONS:
Condominium project" means:
A housing development in which individual units are located within one or more buildings or structures containing multiple units, with each individual unit being owned separately and with other parts or portions of the overall development, including buildings, structures, land and other such common elements being owned in common by all owners of the separate individual units, either with or without the establishment of a corporate entity or unincorporated association to oversee and manage the common elements.
Mixed use structures" means:
Structures intended for use or used both as a “Residential property” and for one or more other purposes.
AES1024806 13
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COMMERCIAL GENERAL LIABILITY
AES GL 062 12 14
AES GL 062 01 15 Page 2 of 2Page 2 of 2
Includes copyrighted material of Insurance Services Office, Inc., with its permission Repair or remodeling work" means:
Work or operations limited to the maintenance, repair, renovation, restoration, improvement, betterment, alteration, modification or the addition to or extension of an existing structure, including partial demolition of that structure if required for such maintenance, repair, renovation, restoration, improvement, betterment, alteration or modification.
Residential construction work" means:
1. All work or operations in any way related to " residential property," including but not limited to the development, design or building of a new structure or the addition to or extension of an existing structure, the maintenance, repair, renovation, restoration, improvement, betterment, alteration or modification of an existing structure, and the demolition or removal, in whole or in part, of an existing structure; and
2. includes:
a. work or operations regarding the real property on which the new or existing structure is located; b. materials, parts or equipment furnished in connection with the work or operations; and c. warranties or representations made, and warnings and instructions provided or not provided, regarding the work or operations.
Residential property" means:
1. Structures intended for use or used, in whole or in part, as human dwellings, including but not limited to condominiums, town homes, townhouses, villas, co- operative housing, master- planned housing, tract homes, mass- produced single family homes, custom- built single family- homes, and " mixed use structures;" and includes structures initially intended for another kind of use, but subsequently converted by anyone for use, in whole or in part, as a human dwelling.
2.“ Residential property” does not include apartments, student housing, dormitories, assisted living facilities, hotels or military housing.
Row house project" means:
A series of five or more individual housing units sharing common sidewalls between them, without co- ownership of other parts or portions of any building, structure, or land in addition to the shared sidewalls between units.
Townhouse project" means:
A development of two or more individual housing units connected to one another by one or more walls, with other parts or portions of the overall development, including buildings, structures, land and other such common elements being owned in common by all owners of the separate individual housing units, either with or without the establishment of a corporate entity or unincorporated association to oversee and manage the use and maintenance of common elements.
Tract home project" means:
A development of fifteen ( 15) or more individual and freestanding houses which share common or similar design elements, floor plans, blueprints, and/ or architectural details, and/ or which are constructed at the same or consecutively, on the same parcel, adjacent parcels or parcels so located within one geographic area to be considered a single project.
Policy Number: AES1024806 13
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COMMERCIAL GENERAL LIABILITY
CG 21 86 12 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 21 86 12 04 © ISO Properties, Inc., 2003 Page 1 of 1 EXCLUSION – EXTERIOR INSULATION
AND FINISH SYSTEMS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. This insurance does not apply to " bodily injury",
property damage" or " personal and advertising in-
jury" arising out of, caused by, or attributable to,
whether in whole or in part, the following:
1. The design, manufacture, construction, fabrica-
tion, preparation, distribution and sale, installa-
tion, application, maintenance or repair, includ-
ing remodeling, service, correction or
replacement, of any " exterior insulation and fin-
ish system" or any part thereof, or any substan-
tially similar system or any part thereof, includ-
ing the application or use of conditioners,
primers, accessories, flashings, coatings,
caulking or sealants in connection with such a
system; or
2." Your product" or " your work" with respect to
any exterior component, fixture or feature of
any structure if an " exterior insulation and finish
system", or any substantially similar system, is
used on the part of that structure containing
that component, fixture or feature.
B. The following definition is added to the Definitions Section:
Exterior insulation and finish system" means a
non- load bearing exterior cladding or finish sys-
tem, and all component parts therein, used on any
part of any structure, and consisting of:
1. A rigid or semi- rigid insulation board made of
expanded polystyrene and other materials;
2. The adhesive and/ or mechanical fasteners
used to attach the insulation board to the sub-
strate;
3. A reinforced or unreinforced base coat;
4. A finish coat providing surface texture to which
color may be added; and
5. Any flashing, caulking or sealant used with the
system for any purpose.
Policy Number: AES102480613
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POLICY NUMBER: AES1024806 13 COMMERCIAL GENERAL LIABILITY NX GL 053 01 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NX GL 053 01 12 Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission EXCLUSION – CONTINUOUS, PROGRESSIVE OR
REPEATED OFFENSES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following Exclusion is added to SECTION I – COVERAGES, paragraph 2. Exclusions of COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and paragraph 2 Exclusions of COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY:
2. Exclusions
This insurance does not apply to " bodily injury", " property damage", or “ personal and advertising injury” including continuous, progressive or repeated " bodily injury", " property damage", or “ personal and advertising injury”
Continuous, Progressive or Repeated Offenses:
1) that first occurs, in whole or in part, prior to the effective date of this policy; 2) first occurs, in whole or in part, prior to the effective date of this policy and also occurs during the policy period;
3) first occurs, in whole or in part, prior to the effective date of this policy, also occurs during the policy period, and ceases to occur after the expiration or cancellation date of this policy; 4) first occurs, in whole or in part, after the expiration or cancellation date of this policy; or 5) is alleged in a "suit" against any Insured where the filing date of the original complaint or other pleading initiating that " suit" is a date preceding the effective date of this policy, regardless of whether any Insured was named as a party to, or was served with process regarding, that suit" prior to the effective date of this policy.
The exclusions stated in Paragraphs ( 1), (2), (3), (4) and ( 5) apply regardless of whether the bodily injury", " property damage", or “ personal and advertising injury” was or is known or unknown by any Insured.
For purposes of the exclusions stated in Paragraphs ( 1), (2), ( 3), ( 4) and ( 5), in the event of continuous, progressive or repeated " bodily injury", " property damage", or “ personal and advertising injury” over any length of time, such " bodily injury" or " property damage" shall be deemed to be one " occurrence" and shall be deemed to occur at the time the " bodily injury”, property damage" or “ personal and advertising injury” first begins.
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POLICY NUMBER: AES1024806 13 COMMERCIAL GENERAL LIABILITY NX GL 080 08 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NX GL 080 08 09 Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission EXCLUSION – RESIDENTIAL CONVERSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following Exclusion is added to SECTION I – COVERAGES, paragraph 2. Exclusions of COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and paragraph 2. Exclusions of COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY:
2. Exclusions
This insurance does not apply to:
Residential Conversion
Bodily injury,” “property damage,” or “personal and advertising injury” from the construction of any building, in whole or in part, which has been converted to a non- commercial dwelling or residence, at any time after the inception date of this insurance policy.
As used in this exclusion, non- commercial dwellings or residences includes, but are not limited to, homes, cooperatives, town homes, lofts and condominiums.
This exclusion does not apply to the construction, management, or ownership of apartment buildings, hotels or motels by you.
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POLICY NUMBER: AES1024806 13 COMMERCIAL GENERAL LIABILITY NX GL 015 08 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NX GL 015 08 09 Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission EXCLUSION – ASBESTOS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following Exclusion is added to SECTION I – COVERAGES, paragraph 2. Exclusions of COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and paragraph 2. Exclusions of COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY:
2. Exclusions
This insurance does not apply to:
Asbestos
1)" Bodily injury," " property damage," or " personal and advertising injury," including but not limited to occupational disease, disability, shock, mental anguish or mental injury, at any time arising out of the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of, or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust; 2) Any obligation of the " insured" to indemnify any party because of damages arising out of " bodily injury," property damage," or " personal and advertising injury," including but not limited to occupational disease, disability, shock, mental anguish or mental injury, at any time as a result of the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of, or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust; or
3) Any obligation to defend any " suit" or claim against the " insured" alleging “ bodily injury," " property damage," or " personal and advertising injury," including but not limited to occupational disease, disability, shock, mental anguish or mental injury, resulting from or contributed to, by the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of, or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust.
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POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
AES GL 213 01 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AES GL 213 01 15 Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission EXCLUSION – DESIGNATED OPERATIONS COVERED BY
A CONSOLIDATED ( WRAP- UP) INSURANCE PROGRAM
LIMITED OFF- SITE COVERAGE)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to paragraph 2.,
Exclusions of COVERAGE A – BODILY INJURY AND
PROPERTY DAMAGE LIABILITY ( Section I –
Coverages):
This insurance does not apply to " bodily injury" or
property damage" arising out of either your ongoing
operations or operations included within the " products- completed operations hazard" at any location or
project where a consolidated ( wrap- up) insurance
program has been provided or offered by the prime
contractor/ project manager or owner of the
construction project in which you are involved.
This exclusion applies whether or not the consolidated
wrap- up) insurance program:
1) Provides coverage identical to that provided by this Coverage Part;
2) Has limits adequate to cover all claims;
3) Remains in effect; or
4) Enrolled you in the program
This exclusion does not apply to any off- site work that is solely related to a project that is insured under a
consolidated ( wrap- up) insurance program, but only if the off- site work is not covered by the consolidated
wrap- up) insurance program. This exception to this
exclusion does not apply to “ bodily injury” or “ property damage” included in the “ products- completed
operations hazard”. Nothing in this form shall be
construed as to grant any products- completed
operations coverage.
All other terms and conditions of the policy remain
unchanged.
AES1024806 13
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POLICY NUMBER: AES1024806 13 COMMERCIAL GENERAL LIABILITY NX GL 093 08 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NX GL 093 08 09 Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission AMENDMENT – AGGREGATE LIMITS OF INSURANCE
PER PROJECT)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Schedule
Subject to an Overall Policy Aggregate Limit: $ 5,000, 000 Information required to complete this Schedule, if not shown above, will be shown in Declarations.) A. Paragraphs 2. and 3. of SECTION III – LIMITS OF INSURANCE are replaced by the following:
2. The Overall Policy Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages because of " bodily injury" or " property damage" included in the " products- completed operations hazard"; and c. Damages under Coverage B.
3. The Products- Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of " bodily injury" and " property damage" included in the " products- completed operations hazard" to each of your projects away from premises owned by or rented to you.
B. The following is added to SECTION III – LIMITS OF INSURANCE:
8. Subject to Paragraph 2. and 3. above, the General Aggregate Limit is the most we will pay under for the sum Coverage A, Coverage B, or Coverage C to each of your projects away from premises owned by or rented to you.
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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 Effective 07/01/ 2023 Policy No. ZAWCI1815002 Endorsement No.
Insured DICK MILLER, INC Premium INCL.
Insurance Company ARCH INSURANCE COMPANY
Countersigned By
POLICY NUMBER: ZAWCI1815002
DATE OF ISSUE: 06- 20- 23
WC 00 03 13
Ed. 4-84)
1983 National Council on Compensation Insurance.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
ANY PERSON OR ORGANIZATION WHERE WAIVER OF OUR RIGHT TO
RECOVER IS PERMITTED BY LAW AND IS REQUIRED BY WRITTEN
CONTRACT PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO DATE OF LOSS.
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ENV- 3250 ( 12/ 18)
221012. 1)
Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 2 ADDITIONAL INSURED ENDORSEMENT – ONGOING WORK OR OPERATIONS Named Insured
Dick Miller, Inc.
Endorsement Number
Policy Symbol
CPW
Policy Number
G28295741 004
Policy Period
11/06/ 2023 to 11/06/ 2024
Effective Date of Endorsement
11/ 06/ 2023
Issued By ( Name of Insurance Company)
Westchester Surplus Lines Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
SCHEDULE:
Name of Person( s) or Organization( s): As required by written contract, prior to a loss to which this insurance applies.
If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the persons or organizations shown in the Schedule, but only with respect to liability for injury or damage, to which this insurance applies, caused in , whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insureds.
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following exclusion is added:
Exclusions
This insurance does not apply to injury or damage occurring after:
a. All work or operations, including materials, parts or equipment furnished in connection with such work or operations, on the project ( other than service, maintenance or repairs) to be performed by you or on your behalf at the site of the covered operations has been completed; or b. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for the additional insured as a part of the same project.
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ENV- 3250 ( 12/ 18)
221012. 1)
Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 2 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III – LIMITS OF INSURANCE:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
All other terms and conditions of this policy remain unchanged.
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ENV- 3146 ( 09- 22) Page 1 of 2
351661.1)
TRANSPORTATION POLLUTION LIABILITY COVERAGE ENDORSEMENT Named Insured
Dick Miller, Inc.
Endorsement Number
Policy Symbol
CPW
Policy Number
G28295741 004
Policy Period
11/06/ 2023 to 11/06/ 2024
Effective Date of Endorsement
11/06/ 2023
Issued By ( Name of Insurance Company)
Westchester Surplus Lines Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
I. COVERAGES - CONTRACTORS POLLUTION LIABILITY, Section B., Exclusions, 16. Vehicles, of this Coverage Part is deleted in its entirety and replaced with the following:
16. Vehicles
Bodily injury or property damage arising from the use, maintenance, entrustment to others, or operation of any auto, aircraft, watercraft or other conveyance.
This exclusion does not apply to:
a. Bodily injury or property damage resulting from a pollution condition that commences during the transportation of your product by a carrier; or b. Bodily injury or property damage resulting from a pollution condition arising out of the ownership, maintenance or use of any autos or watercraft, including any loading and unloading thereof, as a part of your work.
II. Sublimits of Insurance/ Exposure- Specific Deductible 4, 000, 000 Each Owned Transportation Condition Sublimit 4, 000, 000
5, 000
Transportation Pollution Aggregate Sublimit ( serves to reduce the General Aggregate shown on the Declarations
page)
Deductible
The amount we shall pay for damages because of loss or emergency response expense that are the result of pollution conditions arising out of the ownership, maintenance or use of any autos or watercraft, including any loading and unloading thereof ( hereinafter Owned Transportation Conditions), pursuant to this Endorsement is limited by the Each Transportation Condition and Transportation Pollution Aggregate Sublimits of Insurance set forth above.
The Each Transportation Condition Sublimit identified above shall be the maximum amount the Insurer shall pay for all damages because of loss or emergency response expense arising out of any one Owned Transportation Condition. The Transportation Pollution Aggregate Sublimit of Insurance identified above shall be the maximum amount the Insurer shall pay for all damages because of loss or emergency response expense arising out of all Owned Transportation Conditions. These Sublimits of Insurance shall DocuSign Envelope ID: 927B90A6- EC0C- 410C- AF97- 1F9436E7B75E 03/25/2025
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ENV- 3146 ( 09- 22) Page 2 of 2
351661.1)
be subject to, and payments made pursuant to these Sublimits of Insurance shall erode, the Limits of Insurance contemplated in the LIMITS OF LIABILITY section of this Coverage Part.
Notwithstanding anything identified in the Declarations or this Coverage Part, generally, or any other endorsement attached hereto, if any, which might normally be construed to the contrary, the deductible amount applicable to each and every Owned Transportation Condition shall be the deductible amount identified in this Endorsement.
All other terms and conditions remain the same.
Authorized Representative
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ENV- 3143 ( 03- 05) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 Named Insured
Dick Miller, Inc.
Endorsement Number
Policy Symbol
CPW
Policy Number
G28295741 004
Policy Period
11/06/ 2023 to 11/ 06/2024
Effective Date of Endorsement
11/ 06/ 2023
Issued By ( Name of Insurance Company)
Westchester Surplus Lines Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: As required by written contract, prior to a loss to which this insurance applies.
If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products- completed operations hazard.
This waiver applies only to the person or organization shown in the Schedule above.
All other terms and conditions remain the same.
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ENV- 3236 ( 03- 15) © Chubb. 2016. All rights reserved. Page 1 of 1
PROFESSIONAL LIABILITY EXCLUSION AMENDMENT ENDORSEMENT
Named Insured
Dick Miller, Inc.
Endorsement Number
Policy Symbol
CPW
Policy Number
G28295741 004
Policy Period
11/ 06/ 2023 to 11/ 06/ 2024
Effective Date of Endorsement
11/ 06/ 2023
Issued By ( Name of Insurance Company)
Westchester Surplus Lines Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
Section I., COVERAGES – CONTRACTORS POLLUTION LIABILITY, Subsection B., Exclusions, Paragraph 15., Professional Liability, of this policy is hereby deleted in its entirety and replaced with the following:
15. Professional Liability
Bodily injury or property damage arising from or in any way related to the rendering of or failure to render professional services by the insured or any contractor or subcontractor working on the insured’s behalf.
This exclusion does not apply to:
a. Damaged work or the work out of which the damage arises due to improper supervision or lack of supervision of a subcontractor by the insured; or
b. Construction means, methods, techniques, sequences and procedures employed in connection with operations performed by the insured or on the insured’s behalf in their capacity as a construction contractor.
All other terms and conditions remain the same.
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ENV- 1200 ( 03- 10)
Policy Number:G28295741004
Chubb. 2016. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission
2. Premium shown in the Declarations page of this policy as Premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period.
Audit premiums are due and payable on notice to the Named Insured.
3. The Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request.
4. 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.
5. Premium adjustments as a result of premium audits will be done after the policy expires or is terminated, but may be done by us while the policy is in effect.
6. Premium Audit adjustment calculations will be made to determine additional premium only.
You have agreed with us that there will be no downward adjustments of the Premium.
F. Representations
By accepting this policy, you agree:
1. The statements in the Declarations, application for insurance, any other underwriting, loss control or claims related information, and any other information submitted to us are accurate and complete at the time you reported that information; and
2. Those statements are based upon representations you made to us; and
3. We have issued this policy in reliance upon your representations.
G. Separation of Insureds
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the Named Insured, this insurance applies:
1. As if each Named Insured were the only Named Insured; and
2. Separately to each insured against whom claim is made or suit is brought.
H. Transfer of Rights of Recovery Against Others To Us
If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing to impair these rights once a loss is known by a responsible insured. At our request, the insured will bring suit or transfer those rights to us and help us enforce them.
I. Cancellation or Non- renewal
This policy may be cancelled by you by surrender thereof to us or any of our authorized representatives or by mailing to us written notice stating when thereafter the cancellation shall be effective.
If we decide to cancel or not to renew this policy on or before the expiration date of the policy, we will mail or deliver to the first Named Insured shown in the Declarations, written notice of cancellation or non- renewal not less than sixty ( 60) days or ten ( 10) days for non- payment of premium prior to cancellation.
If notice is mailed, proof of mailing will be sufficient proof of notice.
J. Inspection
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ENV- 3253 ( 12-18)
266562. 2) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION Named Insured
Dick Miller, Inc.
Endorsement Number
Policy Symbol
CPW
Policy Number
G28295741 004
Policy Period
11/06/ 2023 to 11/06/ 2024
Effective Date of Endorsement
11/06/ 2023
Issued By ( Name of Insurance Company)
Westchester Surplus Lines Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
CONTRACTOR’ S POLLUTION LIABILITY COVERAGE PART
The following is added to the Other Insurance Condition and supersedes any provision to the contrary:
Primary and Noncontributory Insurance
This policy is primary to, and will not seek contribution from, any other insurance available to an additional insured under this policy, provided that:
a. The additional insured is a named insured under such other insurance; and b. The named insured has agreed in a written contract or agreement that this insurance would:
1) act as primary insurance; and
2) would not seek contribution from any other insurance available to the additional insured.
All other terms and conditions of this policy remain unchanged.
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ENV- 3251 ( 12/ 18)
221012. 2)
Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 ADDITIONAL INSURED ENDORSEMENT – PRODUCTS- COMPLETED OPERATIONS HAZARD Named Insured
Dick Miller, Inc.
Endorsement Number
Policy Symbol
CPW
Policy Number
G28295741 004
Policy Period
11/06/ 2023 to 11/06/ 2024
Effective Date of Endorsement
11/ 06/ 2023
Issued By ( Name of Insurance Company)
Westchester Surplus Lines Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization( s): As required by written contract, prior to a loss to which this insurance applies.
If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
A. SECTION II – WHO IS AN INSURED is amended to include as an additional insured the person( s) or organization( s) shown in the Schedule, but only with respect to liability for injury or damage, to which this insurance applies, caused by or resulting from your work performed for that additional insured and included in the products- completed operations hazard, and only to the extent that such injury or damage is caused, in whole or in part, by your negligence or the negligence of those acting on your behalf.
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III - LIMITS OF INSURANCE:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
All other terms and conditions of this policy remain unchanged.
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DICKMIL- 01 BATG
ACOR
CERTIFICATE OF LIABILITY INSURANCE
DATE( MMIDD/ YYYY)
10/ 12/ 2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCERLicense # OL48969
CONTACT
C3 Risk & Insurance Services A/c, ONE404 Camino Del Rio S. STE 410:
Ex 619 233- 8000 I FA[C.xe: S19 864- 7106
San Diego, CA 92108 AOlissmcells nsurance. com
INSURER : Associated Industries Ins. Co. Inc
INSURED wswmig B: Landmark American Ins. Com an
Dick Miller, Inc. wsuRERc. ARCH INSURANCE COMPANY
930 Boardwalk Suite H & G INSURERD : Westchester Surplus Lines Ins San Marcos, CA 92078
INSURER E
INSURER F :
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. 13o TYPE OF INSURANCE AuDLhieivBn POLICY NUMBER Imminn/ YYYY1 1FF MM%
OCYYY1LIMITS A
I XI COMMERCIALGENERALLIABILITYI
EACH
OCCURRENCES 1, 000.0 FFICLAIMS-
MADE X- OCCURX X IAES102480611211/ 6/ 20221 11/6/ 2023 ^AGE TO RENTED100, 0 PR
Ml rrancej, $ X
I BI/PDDed: $10, 000LAGGREGATE
pLIMIT
APPLIES
PER: POLICY
I Xi JEOTE LOCAUTOMOBILE
LIABILITY ANY
AUTO OWNED
SCHEDULED A
UTTOyS
ONLY
AUTOS ALTO$
ONLYAUUTOS ONLY6
UMBRELLA LIAB Jl OCCUREXCESS
LIAB CLAIMS_ MADE X X LHA254830XDIED
I XI RETENTION$ 0 C
WORKERSCOMPENSATIONAND
EMPLOYERS' LIABILITY YIN
ANY
PROPRIETOR/PARTNER/ EXECUTIVE X ZAWCI7815O02gFICER/
MEMBEREXCLUDED? toryin NH) N /
A If
yes, describeunder D
CRIPTIONOF OPERATIONSbelow D
PollutionLiab./ TPL IG28295' 41003 11 /
6/ 20221 11 /6/ 20237l1 /
20231 7/ 1 /202411/
6/ 20231,
0 LIMIT
I
BODILYINJURY ( Per accident) I S I DESCRIPTION
OF OPERATIONSI LOCATIONSI VEHICLES (ACORD 101, AdditionalRemarks Schedule, may be attachedif morespace is required) Job 8339 & 8358 RE:
CIP NO. 8339 & 8358 FOOTHILL/OAK AND BOBIER/CALLE JULES ROUNDABOUTSPROJECT Additional insureds are includedas/ whererequiredby writtencontractas respectsto GeneralLiability and PollutionLiability, General Liability and PollutionLiability waiver of subrogation, General Liability and PollutionLiability Primary Non - Contributorywording, Workers CompensationWaiver of Subrogationbut limited to theoperationsof theInsuredunder said contract, and alwayssubject to all the policyterms, conditionsand exclusionsper endorsementsattached. Excess Liability is overGeneralLiability and EmployersLiability only. SEE ATTACHEDACORD 101 CITY
OF VISTA200
Civic Center Dr. Vista,
CA 92084ACORD
25 ( 2016/ 03) CANCELLATION
SHOULD
ANY OF THE ABOVEDESCRIBEDPOLICIES BE CANCELLEDBEFORE THE
EXPIRATIONDATE THEREOF, NOTICE WILL BE DELIVEREDIN ACCORDANCE WITH THE POLICYPROVISIONS. AUTHORIZED
REPRESENTATIVE 1988-
2015 ACORDCORPORATION. All rightsreserved. The
ACORDname and logo are registeredmarks of ACORD
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AC" RO'
AGENCY
3 Risk & Insurance Services
POLICY NUMBER
SEE PAGE 1
CARRIER
EE PAGE 1
AGENCY CUSTOMER ID: DICKMIL- 01
LOC #: I
ADDITIONAL REMARKS SCHEDULE
License # OL48969 NAMEOINSURED
Dick Miller, Inc.
930 Boardwalk Suite H & G
San Marcos, CA 92078
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORN FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insuranc Description of Operations/ Locations/ Vehicles:
The City, its officers, officials, employees, and volunteers are in in favor of the additional insured per the attached.
EFFECTIVE DATE:
BATGLI
ACORD 101 ( 2008/ 01) © 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
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POLICY NUMBER: AES1024806 12 COMMERCIAL GENERAL
LIABILITY AES GL 226 04 18
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION - DESIGNATED ENTITY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL EXCESS LIABILITY COVERAGE PART
It is agreed that should this policy be cancelled before the expiration date thereof, the issuing company will endeavor to mail 30 day written notice ( 10 days for non-payment of premium) to the following additional insured:
Designated Entity:
All persons or organizations where required by written contract with the Named Insured Failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agent or representatives.
All other terms and conditions of the policy remain unchanged.
AES GL 226 04 18
Includes copyrighted material of Insurance Services Office, Inc., with its permission
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POLICY NUMBER: AES1024806 12 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Person( s) or Location and Description of Completed Organization( s): IOperations
All persons or organizations where written contract with the Named Insured requires additional insured
completed operations coverage. This form does not
apply to your work
on " residential arowrtv"
ired to comDlete this Schedule. if not shown
Section II — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by " your work" at
the location designated and described in the sched-
ule of this endorsement performed for that additional
insured and included in the " products - completed
operations hazard".
will be shown in the Declarations.
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Policy Number: AES1024806 12
COMMERCIAL GENERAL LIABILITY
CG 20 34 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - LESSOR OF LEASED
EQUIPMENT - AUTOMATIC STATUS WHEN
REQUIRED IN LEASE AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following.
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Who Is An Insured ( Section II) is amended to
include as an additional insured any person or or-
ganization from whom you lease equipment when
you and such person or organization have agreed
in writing in a contract or agreement that such per-
son or organization be added as an additional in-
sured on your policy. Such person or organization
is an insured only with respect to liability for " bodily injury", " property damage" or " personal and adver-
tising injury" caused, in whole or in part, by your
maintenance, operation or use of equipment
leased to you by such person or organization.
A person's or organization' s status as an additional
insured under this endorsement ends when their
contract or agreement with you for such leased
equipment ends.
B. With respect to the insurance afforded to these
additional insureds, this insurance does not apply
to any " occurrence" which takes place after the
equipment lease expires.
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POLICY NUMBER: AES1024806 12 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person( s)
Or Or anization( s): Location( s) Of Covered Operations All persons or organizations where required by written
contract with the Named Insured
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only
with respect to liability for " bodily injury", " property damage" or " personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig-
nated above.
B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:
This insurance does not apply to " bodily injury" or
property damage" occurring after:
1. All work, including materials, parts or equip-
ment furnished in connection with such work,
on the project ( other than service, maintenance
or repairs) to be performed by or on behalf of
the additional insured( s) at the location of the
covered operations has been completed; or
2. That portion of " your work" out of which the
injury or damage arises has been put to its in-
tended use by any person or organization other
than another contractor or subcontractor en-
gaged in performing operations for a principal
as a part of the same project.
CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 03/25/2025
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POLICY NUMBER: AES1024806 12 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NON- CONTRIBUTING INSURANCE
THIRD - PARTY)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Third Party:
All personsor organizationswhere requiredby written contractwith the NamedInsured Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4, of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following.
4. Other Insurance:
With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be consideredas primary, co-insurance, or contributinginsurance. Rather, any such other insuranceshallbe considered excess over and above the insurance provided by this policy.
NX GL 009 08 09 Page 1 of 1
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POLICY NUMBER: AES1024806 12 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
All persons or organizations where required by written contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
your work" done under a contract with that person
or organization and included in the "products -
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 03/25/2025
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POLICY NUMBER: AES1024806 12 COMMERCIAL GENERAL LIABILITY NXGL0180809
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - CROSS SUITS
NAMED INSUREDS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following Exclusion is added to SECTION I — COVERAGES, paragraph 2. Exclusions of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and paragraph 2. Exclusions of COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY:
2. Exclusions
This insurance does not apply to:
Suits between Named Insureds:
Any obligation to defend any "suit' or claim against the " insured" alleging " bodily injury," " property damage," or personal and advertising injury" resulting from, relating to, alleged by or brought between one Named Insured against another Named Insured under this policy.
NX GL 018 08 09 Page 1 of 1
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POLICY NUMBER: AES1024806 12 COMMERCIAL GENERAL LIABILITY AES GL 062 01 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - DESIGNATED RESIDENTIAL
CONSTRUCTION WORK
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
A. The following Exclusion is added to SECTION I — COVERAGES, paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY:
2. Exclusions
This insurance does not apply to:
Designated Residential Construction Work
In consideration of the premium charged, it is agreed that this insurance does not apply to " bodily injury," property damage," or " personal and advertising injury" which, in whole or in part, directly or indirectly, arises out of or is related to any past, present, continuing or future " residential construction work" performed by or on behalf of an "insured," or by or on behalf of any other person or entity, on "residential property." We have no duty to investigate, adjust or defend, or to pay any investigation, adjustment or defense costs, including attorney' s fees, with respect to, a claim or "suit" seeking damages for such injury or damage.
This exclusion does not apply to injury or damage arising out of or relating to:
a. " Repair or remodeling work" performed by or on behalf of an insured on a single unit of "residential property" ( such as one home, one condominium unit or other singular dwelling unit). b. maintenance, service, or non- structural repairs to common areas of completed and occupied condominium project", " townhouse project", " row house project" or " tract home project".
B. The following are added to SECTION V — DEFINITIONS:
Condominium project" means:
A housing development in which individual units are located within one or more buildings or structures containing multiple units, with each individual unit being owned separately and with other parts or portions of the overall development, including buildings, structures, land and other such common elements being owned in common by all owners of the separate individual units, either with or without the establishment of a corporate entity or unincorporated association to oversee and manage the common elements.
Mixed use structures" means:
Structures intended for use or used both as a "Residential property" and for one or more other purposes.
AES GL 062 01 15 Page 1 of 2
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Policy Number: AES1024806 11 COMMERCIAL GENERAL LIABILITY AES GL 062 12 14
Repair or remodeling work" means:
Work or operations limited to the maintenance, repair, renovation, restoration, improvement, betterment, alteration, modification or the addition to or extension of an existing structure, including partial demolition of that structure if required for such maintenance, repair, renovation, restoration, improvement, betterment, alteration or modification.
Residential construction work" means:
1. All work or operations in any way related to ' residential property," including but not limited to the development, design or building of a new structure or the addition to or extension of an existing structure, the maintenance, repair, renovation, restoration, improvement, betterment, alteration or modificationof an existing structure, and the demolition or removal, in whole or in part, of anexisting structure; and
2. includes:
a. work or operationsregardingthe real propertyon whichthe newor existingstructureis located; b. materials, parts or equipmentfurnishedin connectionwith the work or operations; and c. warranties or representations made, and warnings and instructions provided or not provided, regarding the work or operations,
Residential property" means:
1. Structures intended for use or used, in whole or in part, as human dwellings, including but not limited to condominiums, town homes, townhouses, villas, co-operative housing, master -planned housing, tract homes, mass- produced single family homes, custom- built single family -homes, and " mixed use structures;" and includes structures initially intended for another kind of use, but subsequently convertedby anyonefor use, in wholeor in part, as a humandwelling.
2. " Residential property" does not include apartments, student housing, dormitories, assisted living facilities, hotels or military housing.
Row house project" means:
A series of five or more individual housing units sharing common sidewalls between them, without co - ownershipof other parts or portions of any building, structure, or land in addition to the shared sidewalls between units.
Townhouse project" means:
A developmentof two or more individualhousingunits connectedto one anotherby one or more walls, with other parts or portions of the overall development, including buildings, structures, land and other such commonelementsbeing owned in commonby all owners of the separateindividualhousingunits, eitherwith or withoutthe establishmentof a corporateentity or unincorporatedassociationto oversee and managethe use and maintenance of common elements.
Tract home project" means:
A development of fifteen ( 15) or more individual and freestanding houses which share common or similar designelements, floor plans, blueprints, and/or architecturaldetails, and/or which are constructedat the same or consecutively, on the same parcel, adjacentparcelsor parcelsso locatedwithin one geographicareato be considered a single project.
AES GL 062 01 15
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Policy Number: AES102480612 COMMERCIAL GENERAL LIABILITY CG 21 86 12 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - EXTERIOR INSULATION
AND FINISH SYSTEMS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. This insurance does not apply to " bodily injury",
property damage" or " personal and advertising in-
jury" arising out of, caused by, or attributable to,
whether in whole or in part, the following:
1. The design, manufacture, construction, fabrica-
tion, preparation, distribution and sale, installa-
tion, application, maintenance or repair, includ-
ing remodeling, service, correction or
replacement, of any " exterior insulation and fin-
ish system" or any part thereof, or any substan-
tially similar system or any part thereof, includ-
ing the application or use of conditioners,
primers, accessories, flashings, coatings,
caulking or sealants in connection with such a
system; or
2. " Your product' or " your work" with respect to
any exterior component, fixture or feature of
any structure if an " exterior insulation and finish
system", or any substantially similar system, is
used on the part of that structure containing
that component, fixture or feature.
B. The following definition is added to the Definitions Section:
Exterior insulation and finish system" means a
non -load bearing exterior cladding or finish sys-
tem, and all component parts therein, used on any
part of any structure, and consisting of:
1. A rigid or semi - rigid insulation board made of
expanded polystyrene and other materials;
2. The adhesive and/ or mechanical fasteners
used to attach the insulation board to the sub-
strate;
3. A reinforced or unreinforced base coat;
4. A finish coat providing surface texture to which
color may be added; and
5. Any flashing, caulking or sealant used with the
system for any purpose.
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POLICY NUMBER: AES1024806 12 COMMERCIAL GENERAL LIABILITY NX GL 053 01 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - CONTINUOUS, PROGRESSIVE OR
REPEATED OFFENSES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following Exclusion is added to SECTION I — COVERAGES, paragraph 2. Exclusions of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and paragraph 2 Exclusions of COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY:
2. Exclusions
This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury' including continuous, progressive or repeated " bodily injury", " property damage", or " personal and advertising injury"
Continuous, Progressive or Repeated Offenses:
1) that first occurs, in whole or in part, prior to the effective date of this policy; 2) first occurs, in whole or in part, prior to the effective date of this policy and also occurs during the policy period;
3) first occurs, in wholeor in part, priorto the effectivedate of this policy, also occursduringthe policyperiod, and; ceasesto occurafterthe expirationor cancellationdate of this policy; 4) first occurs, in whole or in part, afterthe expirationor cancellationdateof this policy; or 5) is alleged in a "suit" against any Insured where the filing date of the original complaint or other pleadinginitiatingthat "suit" is a date precedingthe effectivedate of this policy, regardlessof whether any Insured was named as a party to, or was served with process regarding, that suit' prior to the effective date of this policy.
The exclusions stated in Paragraphs ( 1), ( 2), ( 3), ( 4) and ( 5) apply regardless of whether the bodily injury", " property damage", or "personal and advertising injury" was or is known or unknown by any Insured.
For purposes of the exclusions stated in Paragraphs ( 1), (2), ( 3), ( 4) and ( 5), in the event of continuous, progressive or repeated " bodily injury", "property damage", or "personal and advertisinginjury" over any lengthof time, such "bodily injury" or "propertydamage" shall be deemed to be one ' occurrence" and shall be deemed to occur at the time the " bodily injury", property damage" or "personal and advertising injury" first begins.
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POLICY NUMBER: AES1024806 12 COMMERCIAL GENERAL LIABILITY NX GL 080 08 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - RESIDENTIAL CONVERSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following Exclusion is added to SECTION I — COVERAGES, paragraph 2. Exclusions of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and paragraph 2. Exclusions of COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY:
2. Exclusions
This insurance does not apply to.
Residential Conversion
Bodily injury," "propertydamage," or "personaland advertisinginjury" from the constructionof any building, in wholeor in part, which has beenconvertedto a non-commercialdwellingor residence, at any time after the inception date of this insurance policy.
As used in this exclusion, non- commercial dwellings or residences includes, but are not limited to, homes, cooperatives, town homes, lofts and condominiums.
This exclusion does not apply to the construction, management, or ownership of apartment buildings, hotels or motels by you.
NX GL 080 08 09 Page 1 of 1
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POLICY NUMBER: AES1024806 12 COMMERCIAL GENERAL LIABILITY NXGL0150809
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - ASBESTOS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following Exclusion is added to SECTION I — COVERAGES, paragraph 2. Exclusions of COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and paragraph 2. Exclusions of COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY:
2. Exclusions
This insurance does not apply to:
Asbestos
1) " Bodily injury," " propertydamage," or "personaland advertisinginjury," includingbut not limitedto occupationaldisease, disability, shock, mentalanguishor mentalinjury, at anytime arisingout of the manufactureof, miningof, useof, saleof, installationof, removalof, distributionof, or exposureto asbestos, asbestos products, asbestos fibers or asbestos dust; 2) Anyobligationof the "insured" to indemnifyany partybecauseof damagesarisingout of "bodilyinjury," propertydamage," or "personaland advertisinginjury," includingbut not limitedto occupationaldisease, disability, shock, mental anguishor mentalinjury, at any time as a resultof the manufactureof, miningof, use of, sale of, installation of, removal of, distribution of, or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust; or
3) Any obligation to defend any "suit' or claim against the " insured" alleging "bodily injury," "property damage," or "personaland advertisinginjury," includingbut notlimitedto occupationaldisease, disability, shock, mental anguish or mental injury, resulting from or contributed to, by the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of, or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust.
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POLICY NUMBER: AES102480 12 COMMERCIAL GENERAL LIABILITY AESGL2130115
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - DESIGNATED OPERATIONS COVERED BY
A CONSOLIDATED ( WRAP- UP) INSURANCE PROGRAM
LIMITED OFF - SITE COVERAGE)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to paragraph 2.,
Exclusions of COVERAGE A — BODILY INJURY AND
PROPERTY DAMAGE LIABILITY ( Section I —
Coverages):
This insurance does not apply to " bodily injury" or
property damage" arising out of either your ongoing
operations or operations included within the " products - completed operations hazard" at any location or
project where a consolidated ( wrap- up) insurance
program has been provided or offered by the prime
contractor/ project manager or owner of the
construction project in which you are involved.
This exclusion applies whether or not the consolidated
wrap-up) insurance program:
1) Provides coverage identical to that provided by this Coverage Part;
2) Has limits adequate to cover all claims;
3) Remains in effect; or
4) Enrolled you in the program
AES GL 213 01 15
This exclusion does not apply to any off -site work that is solely related to a project that is insured under a
consolidated ( wrap- up) insurance program, but only if the off -site work is not covered by the consolidated
wrap- up) insurance program. This exception to this
exclusion does not apply to " bodily injury" or " property damage' included in the " products - completed
operations hazard". Nothing in this form shall be
construed as to grant any products -completed
operations coverage.
All other terms and conditions of the policy remain
unchanged.
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POLICY NUMBER: AES1024806 12 COMMERCIAL GENERAL LIABILITY NX GL 093 08 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT - AGGREGATE LIMITS OF INSURANCE
PER PROJECT)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Schedule
Subject to an Overall Policy Aggregate Limit: $ 5, 000, 000 Information required to complete this Schedule, if not shown above, will be shown in Declarations.) A. Paragraphs 2. and 3. of SECTION III — LIMITS OF INSURANCE are replaced by the following:
2. The Overall Policy Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and C. Damages under Coverage B.
3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damagesbecauseof "bodily injury" and "propertydamage" includedin the "products -completed operationshazard" to each of your projects awayfrom premisesownedby or rentedto you.
B. The following is added to SECTION III — LIMITS OF INSURANCE:
8. Subject to Paragraph 2. and 3. above, the General Aggregate Limit is the most we will pay under for the sum Coverage A, Coverage B, or Coverage C to each of your projects away from premises owned by or rented to you.
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This Endorsement Changes The Policy. Please Read It Carefully.
EXCLUSION — REAL AND PERSONAL PROPERTY — CARE, CUSTODY AND CONTROL This endorsement modifies insurance provided under the following:
Commercial Excess Liability Policy
This insurance shall not apply to property damage to:
1. Property you use, own, rent or occupy, 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. Property loaned to you;
3. Real or personal property in the care, custody or control of any insured (as respects real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, only excluding property damage to that particular part of real property on which operations are being performed, if the property damage arises out of those operations);
4. Property transported by the insured; or
5. Premises you sell, give away or abandon, if the properly damage arises out of any part of those premises, and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned.
This endorsement effective: 11/ 06/ 2022
forms part of Policy Number: LHA254830
issued to: Dick Miller, Inc.
by: Landmark American Insurance Company
RSG 36016 0408
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This Endorsement Changes The Policy. Please Read It Carefully.
EXCLUSION — RESIDENTIAL WORK WITH EXCEPTION ( CURB TO CURB) This endorsement modifies insurance provided under the following:
Commercial Excess Liability Policy
This insurance does not apply to any liability arising out of your operations or " your work" on any " residential project'.
Residential project" means:
a. apartments, single and multi family dwellings, townhouses, duplexes, condominiums or cooperatives, " mixed - use buildings", timeshares, or any other place of domicile; b. any conversion for individual or collective resident ownership whether or not the conversion is or was conducted by you or on your behalf or by an unrelated party regardless if the conversion took place prior to, during, or after the policy period; and
c. appurtenant structures and common areas to the projects described in a. and b. above.
Mixed - use buildings" shall mean structures and improvements thereto, which contain both residential units and commercial space.
Your work" and " suit' shall be as defined in the " Underlying Insurance".
However, this exclusion shall not apply to your operations or "your work" within the boundaries of, or below, what is or will become any public street, roadway, or right of way or utility easement.
We shall have no duty or obligation to provide or pay for the investigation or defense of any loss, cost, expense, claim or " suit' excluded by this endorsement.
This endorsement effective: 11/ 06/ 2022
forms part of Policy Number: LHA254830
issued to: Dick Miller, Inc.
by: Landmark American Insurance Company
RSG 36136 0719
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This Endorsement Chances The Policv. Please Read It Ca
EXCLUSION — WRAP- UP
This endorsement modifies insurance provided under the following:
Commercial Excess Liability Policy
A. This insurance does not apply to any liability for " bodily injury", " property damage" or " personal and advertising injury" arising out of either:
1. Your ongoing operations; or
2. Operations included within the " products - completed operations hazard"; At or on any project, or away from the construction site of the project, for which a " consolidated insurance program ( wrap- up)" has been provided for the project in which any insured is enrolled.
B. This exclusion applies whether or not the " consolidated insurance program ( wrap- up)":
1. Provides coverage identical to that provided by this policy;
2. Has limits adequate to cover all claims; or
3. Remains in effect.
C. This exclusion does not apply to coverage for ongoing operations away from a project that is part of a consolidated insurance program ( wrap- up)" that are incidental to the support of such a project, but only if such operations are not included within or covered by the " consolidated insurance program wrap- up)".
D. For the purposes of this endorsement, the following definitions shall apply:
Bodily injury", " property damage" or " personal and advertising injury" shall be as defined in the Underlying Insurance".
Consolidated insurance program ( wrap- up)" means a controlled insurance program or similar rating plan procured by a prime contractor, project manager, developer, or owner that provides liability coverage for the project.
Products - completed operations hazard" shall be as defined in the " Underlying Insurance" This endorsement effective: 11/ 06/ 2022
forms part of Policy Number: LHA254830
issued to: Dick Miller, Inc.
by: Landmark American Insurance Company
RSG 36019 0520
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Westchester
A Chubb Company
ADDITIONAL INSURED ENDORSEMENT — PRODUCTS - COMPLETED OPERATIONS HAZARD Named Insured Endorsement Number
Dick Miller, Inc.
Policy Symbol Policy Number Policy Period Effective Date of Endorsement CPW G28295741 003 11/ 06/ 2022 to 11/ 06/ 2023 11/ 06/ 2022 Issued By (Name of Insurance Company)
Westchester Surplus Lines Insurance Company
Insert the policy number. The remainderof the information is to becompletedonlywhen this endorsementis issuedsubsequentto the preparationof the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization( s): As required by written contract, prior to a loss to which this insurance applies.
If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person( s) or organization( s) shown in the Schedule, but only with respect to liability for injury or damage, to which this insurance applies, caused by or resulting from your work performed for that additional insured and included in the products - completed operations hazard, and only to the extent that such injury or damage is caused, in whole or in part, by your negligence or the negligence of those acting on your behalf.
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III - LIMITS OF INSURANCE:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:
i. Required by the contract or agreement; or
2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
All other terms and conditions of this policy remain unchanged.
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Westchester
A Chubb Company
ADDITIONAL INSURED ENDORSEMENT — ONGOING WORK OR OPERATIONS Named Insured Endorsement Number
Dick Miller, Inc.
Policy Symbol Policy Number Policy Period i Effective Date of Endorsement CPW G28295741 003 11/ 06/ 2022 to 11/ 06/ 2023 11/ 06/ 2022 Issued By (Name of Insurance Company)
Westchester Surplus Lines Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
SCHEDULE:
Name of Persan(s) or Omganintionfs): As required by written contract, prior to a loss to which this insurance applies.
If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the persons or organizations shown in the Schedule, but only with respect to liability for injury or damage, to which this insurance applies, caused in ,whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insureds.
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following exclusion is added:
Exclusions
This insurance does not apply to injury or damage occurring after:
a. All work or operations, including materials, parts or equipment furnished in connection with such work or operations, on the project ( other than service, maintenance or repairs) to be performed by you or on your behalf at the site of the covered operations has been completed; or b. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for the additional insured as a part of the same project.
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Westchester
A Chubb Company
C. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III — LIMITS OF INSURANCE:
If coverageprovidedto the additional insuredis requiredby a contractor agreement, the mostwewill pay on behalf of the additional insured is the amount of insurance:
i. Required by the contract or agreement; or
2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
All other terms and conditions of this policy remain unchanged.
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Westchester
A Chubb Company
PRIMARY AND NONCONTRIBUTORY — OTHER INSURANCE CONDITION Named Insured Endorsement Number
Dick Miller, Inc.
Policy Symbol Policy Number Policy Period Effective Date of Endorsement CPW I G28295741 003 11 o6 2022 to 11 o6 202 11 o6 2022
Issued By (Name of Insurance Company)
Westchester Surplus Lines Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
CONTRACTOR' S POLLUTION LIABILITY COVERAGE PART
The following is added to the Other Insurance Condition and supersedes any provision to the contrary:
Primary and Noncontributory Insurance
This policy is primary to, and will not seek contribution from, any other insurance available to an additional insured under this policy, provided that:
a. The additional insured is a named insured under such other insurance; and b. The named insured has agreed in a written contract or agreement that this insurance would:
1) act asprimary insurance; and
2) would not seek contribution from any other insurance available to the additional insured.
All other terms and conditions of this policy remain unchanged.
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Named Insured Endorsement Number
Dick Miller, Inc.
Policy Symbol Policy Number Policy Period Effective Date of Endorsement CPW G28295741 003 11/ 06/ 2022 to 11/ 06/ 2023 11/ 06/ 2022 Issued By ( Name of Insurance Company)
Westchester Surplus Lines Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: As required by written contract, prior to a loss to which this insurance applies.
If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products - completed operations hazard.
This waiver applies only to the person or organization shown in the Schedule above.
All other terms and conditions remain the same.
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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY POLICYNUMBER: ZAWCI1815002
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
WC 00 03 13
Ed. 4- 84)
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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
ANY PERSON OR ORGANIZATION WHERE WAIVER OF OUR RIGHT TO
RECOVER IS PERMITTED BY LAW AND IS REQUIRED BY WRITTEN
CONTRACT PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO DATE OF LOSS.
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 Effective 07/ 01/ 2023 Policy No. ZAWC11815002 Insured DICK MILLER, INC
Insurance Company ARCH INSURANCE COMPANY
DATE OF ISSUE: 06- 20- 23
WC 00 03 13
Ed. 4- 84)
1983 National Council on Compensation Insurance.
Countersigned By
Endorsement No.
Premium INCL.
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Policy Number: Date Entered: 10/ 2/ 2023
p
0 DATE ( MMIDDNYYY)
CERTIFICATE OF LIABILITY INSURANCE 10/ 2/ 2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER CONTACTnan Nunke NME Nunke
Insurance Agency 8996
Miramar Rd Ste 250 San
Diego, CA 92126 INSURED
Dick Miller, Inc. 930
BoardwalkSuite H San
Marcos, CA 92078 A
PHeNE (
619) 298- 9000 Fi4C He: (888) 733- 3122 aR
pFtt• bnunke@farmersagent. com INSURER
A: NorthfieldInsurance INSURER
B : INSURER
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VFRAnPQCFRTIFICATF NI IMRFR• RFVISION NIIMRFR- NAIC #
21652
THIS
IS TO CERTIFYTHAT THE POLICIESOF INSURANCELISTED BELOW HAVE BEEN ISSUEDTO THE INSUREDNAMED ABOVE FOR THE POLICYPERIOD INDICATED.
NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITIONOF ANYCONTRACTOR OTHERDOCUMENTWITH RESPECTTO WHICHTHIS CERTIFICATE
MAY BE ISSUEDOR MAY PERTAIN, THE INSURANCEAFFORDED BY THEPOLICIESDESCRIBEDHEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONSOF SUCHPOLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCEDBY PAIDCLAIMS. INSR TYPE
OF INSURANCEADDL
SUBfi, POLICY
NUMBER MOM/ IDYD/YYYYMMIDDIYYYYLIMITS I.TRCOMMERCIAL
GENERAL LIABILITY EACH OCCURRENCES CLAIMS -
MADE OCCUR S IEO MED
EXP ( Any oneperson) S PERSONAL &
ADV INJURYS GEWL
AGGREGATELIMIT APPLIESPER: GENERAL AGGREGATE S POLICY % P-
co
TLOC PRODUCTS - COMP/ OP AGG I $
OTHER: A
AUTOMOBILE
LIABILITY ANY
AUTO X X 606728194L/
25/ 2022 1/ 25/ 2023 COMBI
NED SINGLELIMIT Ma
q= W51fd) 2 , 000 , 000 BODILY
INJURY (Per person) I $ OWNED
SCHEDULED AUTOS
ONLY AUTOS BODILY
INJURY ( Per accident) PROPERTY
DAMME accident
HIRED
NON - OWNEDAUTOS
ONLY AUTOS ONLY UMBRELLA
LIAB OCCUR EACH OCCURRENCEAGGREGATE
EXCESSLIAB CLAIMS - MADE DED
I I RETENTIONS WORKERS
COMPENSATIONAND
EMPLOYERS' LIABILITY YIN ANY
PROPRIETOR/PARTNER/ EXECUTIVE PER
OTH- STATUTE
ER E.
L. EACHACCIDENTOFFICER/
MEMBER EXCLUDED? NIA Mandatory
in NH) E. L. DISEASE - EA EMPLOYEEE.
L. DISEASE- POLICY LIMIT If
yes, describeunder DESCRIPTION
OF OPERATIONSbelow DESCRIPTION
OF OPERATIONSI LOCATIONSI VEHICLES (ACORD 101, AdditionalRemarks Schedule, may he attachedif morespace is required) DMI Job# 23039 - Foothill/ Oak and Bobier/ Calle Jules RoundaboutsCIP 8339 6 CIP8358 Additional Insured: Dokken Engineering, The City of Vista, its officers, officials, employees, and volunteersare named. Waiver
of Subrogrationis included. Policy is Primaryand Non - Contributory. 30 Day notice of cancellationexcept nonpay/ nonreportingwhich is 10 days. CERTIFICATE HOLDER CANCELLATION City
of Vista Attn:
Engineering Department 200
Civic Center Drive Vista,
CA 92084 SHOULD
ANY OF THE ABOVEDESCRIBEDPOLICIES BE CANCELLEDBEFORE THE
EXPIRATIONDATE THEREOF, NOTICE WILL BE DELIVEREDIN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED
REPRESENTATIVE Bryan
Nunke 1988-
2015 ACORD CORPORATION. All rightsreserved. ACORD
25 ( 2016103) The ACORDname and logo are registeredmarks of ACORD 03/25/2025
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Policy: 60672- 81- 94
10NI,
k -V- A-
FARMER
INSURANCE
BUSINESS AUTO EXTENSIONS
Thisendorsementmodifiesinsuranceprovidedunderthe following:
BUSINESS AUTO COVERAGE FORM
17l 20
1 st Edition
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified bythis endorsement.
A. Section II -Liability Coverage isamendedasfollows:
1. Thefollowing isaddedto ParagraphA.1. Who IsAn Insured:
Blanket Additional Insured
Eachpersonor organization with whom you agree, by virtue of awritten contract or agreement, to provide insurance is an " insured", but only with respect to their legal liability for acts or omissionsof apersonfor whom Liability Coverageisaffordedunder this policy:
1) Providedthat the contract or agreement is signed and executed by you prior to the " bodily injury" or "property damage" loss; and
2) Thecontractor agreementisin effect during the policy period.
B. Section IV - Business Auto Conditions is amended as follows:
1. Thefollowing isaddedto ParagraphA.5. Transfer Of Rights Of RecoveryAgainst Other To Us:
Blanket Waiver Of Subrogation
Wewaiveour right of recoverythat we mayhaveagainsta personor organization, but only to the extent that this is required of you by a written contract or agreementthat is signed and executed prior to any " accident" or " loss". This waiver applies only to the person or organization designated in such contract or agreement.
2. Thefollowing isaddedto ParagraphB.5. Other Insurance:
Primary And Noncontributory
This insurancewill be primary and will not seekcontribution from any other insurance available to anadditional insuredunderyour policy providedthat:
1) The additional insured is a Named Insured under such other insurance; 2) You haveagreed in writing in a contract or agreement that this insurancewould be primary and would not seek contribution from any other insurance available to the additional insured;
3) Thiscontract or agreement issignedand executedby you prior to whenthe "bodily injury" or property damage" occurs; and
4) Thiswritten contract or agreementisin effectduring the policy period.
This endorsement is part of your policy. It supersedesand controls anything to the contrary. It is otherwisesubjectto all the terms ofthe policy.
93-7120 1STEDITION 9-15 Includes copyrighted material of InsuranceServicesOffice, Inc,, with its permission. J7120101 PAGE 1 OF 1 03/25/2025
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