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20-0218_CALPROMAX ENGINEERING, INC._Contract I • 00 52 13—CONTRACT This CONTRACT, No. 17801 is made and entered into this e day of , 20% by and between City of San Juan Capistrano, sometimes hereinafter called "City," and Calpromax Engineering, Inc., sometimes hereinafter called "Contractor." WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: San Juan Hills Greens Corrosion Protection System, CIP 17801 The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor's failure to comply with this obligation. J TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 365 calendar days from the. commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes.and costs, the sum of Four Hundred Thirty Three Thousand, Seven Hundred Eighty Dollars ($433,780). Payment shall be made as set forth in the General Conditions. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid,the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the following: Notice Inviting Bids Instructions to Bidders Bid Form Bid Bond Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor Registration Certification Performance Bond Payment (Labor and Materials) Bond General Conditions Special Conditions Technical Specifications Addenda Plans and Drawings Standard Specifications for Public Works Construction "Greenbook", latest edition, Except Sections 1-9 Applicable Local Agency Standards and Specifications, as last revised Approved and fully executed change orders Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions. h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City's Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. CITY OF SAN JUAN CAPISTRANO CALPROMAX ENGINEERING, INC. Name of Contractor By: �:. / By: /771-r)rt E3 :min '•el, `" City Manager Its: President Printed Name: MARIA ARMOGEDA ATTEST: ®t ;/ By: .I Ci C -•rk i (CONTRACTOR'S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED, IF APPLICABLE) END OF CONTRACT • Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE On ®�"`$� L 20 20 , before me, b .-K.SLR",) ', Notary Public, personally appeared —^ Maria Armogeda , who proved to me on the basis of satisfactory evidence to be the person( f whose name(g) is/.are subscribed to the within instrument and acknowledged to me that15he/thel executed the same in Iris/her/t c W authorized capacity(ies , and that by Whet-it-heir signatureW on the instrument the person(z), or the entity upon behalf of which the person(,s') acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1 __ , D. KSHAH 1 r ;-- `, COMM,. 2160104 (13 0in . .; NOTARY PUBIICOLIFORNIA -i I , ,Vr.rglPtiVtalfAligig 13,20201 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title(s) Title or Type of Document ❑ Partner(s) D Limited ❑ General Number of Pages 0 Attorney-In-Fact ❑ Trustee(s) ❑ Guardian/Conservator Date of Document ❑ Other: Signer is representing: Name Of Person(s)Or Entity(ies) , Signer(s)Other Than Named Above 00 61 13—BOND FORMS Bond No.602-108699-4 1.1 Performance Bond. Premium: $5,422.00 KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of San Juan Capistrano, (hereinafter referred to as "City") has awarded to Calpromax Engineering, Inc. , (hereinafter referred to as the "Contractor") an agreement for Contract No.17801, (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated January 6, 2020 , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, Calpromax Engineering, Inc. , the undersigned Contractor and United States Fire Insurance Company as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Four Hundred Thirty Three Thousand Seven DOLLARS, u��^lrpd Eigh+y a^d Nv110eths ($ 433,780.00 ), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any mannerlconsistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. By their signatures hereunder, Surety and Contractor hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] � . . . ' 6th IN WITNESS VVHERE[)F, we have hereunto set our hands and seals this day of January . 20 zu (Corporate Seal) Co|pmmaxEngineahng. Inc. Contractor/ Principal � , . A! � ' x ' By - / Title President (Corporate Seal) United States Fire Insurance Company B1/1MM � At o 1-y-|n-F�ct (Attach Attorney-in-Fact Certificate) Title- isa . ornton,Attorney in Fact _ ` � . The rate of premium on this bond is $12.50 per thousand. The total amount of premium charges is $ 5,422.00 . (The above must be filled in by corporate attorney.) ` . - ' THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) United States Fire Insurance Company 305 Madison Avenue, Mnrriotown, NJ 07962 Alliant|neuranoeInc.(Name and Address of Agent orServices, Representative for service of 333S. Hope Street., Ste. 3750 process in California, if different Los Angeles, CA 90071 from above) 215448'24O4 (Telephone number of Surety and Agent or Representative for service of process in California) Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF -� r On ,wa, O 1 , 202.0, before me, .K .S t , Notary Public, personally appeared ,C ' ! , who proved to me on the basis of satisfactory evidence to be the person( whose name( is/ate subscribed to the within instrument and acknowledged to me that be/she/they executed the same in his/her/thei'- authorized capacity(051, and that by Ws/her/the signature( on the instrument the person(,s'J, or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. •���:�. , b. K. SHAH WITNESS my hand and official seal. .ate„;-2y `, COMM...2160104 C] O . NOTARY PUBLIC-CALIFORNIA -1 w .tW4tHe ORANGE COUNTY CO ZiOtaLkcii-L, August 13,2020 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title(s) Title or Type of Document ❑ Partner(s) ❑ Limited ❑ General Number of Pages ❑ Attorney-In-Fact ❑ Trustee(s) ❑ Guardian/Conservator Date of Document ❑ Other: Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. • Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not'the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Los Angeles On January 6 , 2020 , before me, Maria Pena , Notary Public, personally appeared Lisa L.Thornton pp , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MARIA PENA _ NESS m hand and official seal. • �E Notary Public-California a r Las Angeles County n ~ , Commission(12238398 1 " ' My Comm.Expires May 12,2022 s' '01":"‘41 . vp . . C OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Contract Performance Bond Title(s) Title or Type of Document ❑ Partner(s) ❑ Limited ❑ General Number of Pages lj<Attorn ey-I n-Fact ❑ Trustee(s) January 6, 2020 ❑ Guardian/Conservator Date of Document ❑ Other: Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached. END OF PERFORMANCE BOND • POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE-MORRISTOWN,NEW JERSEY 01687411319 KNOW ALL MEN BY THESE PRESENTS:That United States Fire Insurance Company,a corporation duly organized and existing under the laws of the state of Delaware,has made,constituted and appointed,and does hereby make,constitute and appoint: C.K.Nakamura,Noemi Quiroz,Maria Pena, Tim M. Tomko, Tiffany Coronado,Jessica Rosser,Natalie K. Trofimoff, Lisa L. Thornton,Patricia S.Arana each, its true and lawful Attorney(s)-In-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Seven Million, Five Hundred Thousand Dollars($7,500,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys-In-Fact named above and expires on January 31,2020. This Power of Attorney is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof,which Articles provide,in pertinent part: Article IV, Execution of Instruments-Except as the Board of Directors may authorize by resolution,the Chairman of the Board,President, any Vice-President,any Assistant Vice President,the Secretary,or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to,acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases,satisfactions and agency agreements; (b) to appoint, in writing,one or more persons for any or all of the purposes mentioned in the preceding paragraph(a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation,notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 25th day of March,2019. UNITED STATES FIRE INSTTRANCE COMPANY • Anthony R.Slimowicz,Executive Vice President State of New Jersey} County of Morris } On this 25th day of March 2019, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company,to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. SONIA SCALA NOTARY PUBLIC STATE OF NEW JERSEY Sonia Scala (Notary Public) NO.2163686 MY COMMISSION EXPIRES 3/25/2024 I,the undersigned officer of United States Fire Insurance Company,a Delaware corporation,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the day of 20 UNITED STATES FIRE INSURANCE COMPANY' V A-K1 c 4 2020 Al Wright,Senior Vice President Bond No. 602-108699-4 Premium included with Performance Bond 1.2 Payment Bond (Labor and Materials). KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of San Juan Capistrano (hereinafter designated as the "City"), by action taken or a resolution passed January 6 , 20 20 , has awarded to Calpromax Engineering, Inc. hereinafter designated as the "Principal," a contract for the work described as follows: Contract No.17801 (the "Project"); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect'to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and United States Fire Insurance Company as Surety, are held and firmlybound unto the Cityin thepenal sum of FourHundrdert dyThree7hous Seven Hundred Finhtyand Nol0Ilars ($ 433,780.00 ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or,assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 6th day of January 2020. Calpromax Engineering,(Corporate Seal) p 9 9, Inc. Contractor/ Principal /*/ A•- Title President (Corporate Seal) Uni atatesire Ins. . ce Company )144 Att►,rney-i act (Attach Attorney-in-Fact Certificate) Title Lisa L.Thornton,Attorney in Fact Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Q � On t a O`7 ' , 2020, before me, .,�. K SLS.. 1 ', Notary Public, personally appeared MasZt,c 4.4 , who proved to me on the basis of satisfactory evidence to be the person(fi) whose name(s) is/am subscribed to the within instrument and acknowledged to me that tie/she/thel executed the same in /her/their authorized capacity(), and that by liKher/tlaetr signature(^on the instrument the person(;), or the entity upon behalf of which the person(,$ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r WITNESS my hand and official seal. 1>E a K. SHAH �, ���, COMM216OW4 Notar ECOUNTY W 1 l - 4y Term Exp.August 13,20201 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title(s) Title or Type of Document ❑ Partner(s) ❑ Limited o General Number of Pages ❑ Attorney-In-Fact ❑ Trustee(s) ❑ Guardian/Conservator Date of Document ❑ Other: Signer is representing: Name Of Person(s)Or Entity(les) Signer(s)Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Los Angeles On January 6 , 2020 , before me, Maria Pena , Notary Public, personally appeared Lisa L.Thornton , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph MARIA PENA WITNESS my hand and official seal. Notary Public-California Z 1 Los Angeles County Commission#2238398 `"°`"'* My Comm.Expires May 12,2022 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer • Payment Bond(Labor and Materials) Title(s) Title or Type of Document ❑ Partner(s) ❑ Limited ❑ General Number of Pages EX Attorney-In-Fact ❑ Trustee(s) January 6, 2020 ❑ Guardian/Conservator Date of Document ❑ Other: Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. END OF PAYMENT BOND POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE-MORRISTOWN,NEW JERSEY 01687411319 KNOW ALL MEN BY THESE PRESENTS:That United States Fire Insurance Company,a corporation duly organized and existing under the laws of the state of Delaware,has made,constituted and appointed,and does hereby make,constitute and appoint: C.K.Nakamura,Noemi Quiroz,Maria Pena, Tim M. Tomko, Tiffany Coronado,Jessica Rosser,Natalie K. Trofimoff, Lisa L. Thornton,Patricia S.Arana each, its true and lawful Attorney(s)-In-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Seven Million, Five Hundred Thousand Dollars($7,500,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys-In-Fact named above and expires on January 31,2020. This Power of Attorney is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof,which Articles provide,in pertinent part: Article IV, Execution of Instruments-Except as the Board of Directors may'authorize by resolution,the Chairman of the Board, President, any Vice-President,any Assistant Vice President,the Secretary,or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to,acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases,satisfactions and agency agreements; . (b) to appoint, in writing,one or more persons for any or all of the purposes mentioned in the preceding paragraph(a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation,notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 25th day of March,2019. UNITED STATES FIRE'MST TRANCE COMPANY Anthony R.Slimowicz,Executive Vice President State of New Jersey} County of Morris } On this 25th day of March 2019, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company,to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. SONIA SCALA NOTARY PUBLIC STATE OF NEW JERSEY Sonia Scala (Notary Public) NO.2163686 MY COMMISSION EXPIRES 3/25/2024 I,the undersigned officer of United States Fire Insurance Company,a Delaware corporation,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy is still in force and effect and has not been revoked. is4 �� 2028 c1 ti. ; IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the day of 20 UNITED STATES FIRE INSURANCE COMPANYZirti u. • Al Wright,Senior Vice President 00 41 43— BID FORMS 1.1 Bid. Bids will be received at the City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan. Capistrano, CA 92675, until date on Notice Inviting Bids. NAME OF BIDDER: CALPROMAX ENGINEERING, INC. City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 The undersigned hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any for the following Project: San Juan Hills Greens Corrosion Protection System, ClP 17801 We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project, as described and in strict conformity with the Drawings, and these Specifications for TOTAL BID PRICE indicated herein. The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents: Addenda No, 1, 2 1. Attached is the required Bid Guarantee in the amount of not less than 10% of the Total Bid Price. 2. Attached is the completed Designation of Subcontractors form. 3. Attached is the fully executed Noncollusion Declaration form. 4. Attached is the completed Iran Contracting Act Certification form. 5. Attached is the completed Public Works Contractor Registration Certification form. 6. Attached is the completed Contractor's Certificate Regarding Workers' Compensation form, 7. Attached is the completed Bidder Information and Experience form, San Juan Hills Corrosion Protection System, -17- 00 41 43—BID FORMS CIP 17801 ..--..... A. BID SCHEDULE UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY., PRICE COST 1, Mobilization/Demobilization LS 1 1 5, Ob 0 1 5, 00 0 2. Business Licenses and Permits LS 1 SI ço° St 5 3. . , 3. Furnish all labor, materials and equipment for installation of magnesium anodes per detail 1 on EA 146 el CI ‘00 CP-1, and run bond wire per layout shown on CP-1. 4, Furnish all labor, materials and equipment for installation of . magnesium anode.per detail 2 on EA 1 f CP-2, and run bond wire per layout shown on CP-2. 5, Furnish all labor, materials and equipment for installation of magnesium anode per detail 3 on EA 4 217 ci . 6 800 CP-3, and run bond wire per layout 0 shown on CP-3. 6, Furnish all labor, materials and equipment for installation of magnesium anode per detail 4 on EA 2 5, 00 ° CP-4, and run bond wire per layout ..--... shown on CP-4, 7. Furnish all labor, materials and equipment for installation of magnesium anode per detail 5 on EA 17 CP-5, and run bond wire per layout 2, 50 . 42, 5(3. shown on CP-5. 8, Furnish all labor, materials and equipment for installation of magnesium anode per detail 7 on - EA 1 7, 5 Z, 56ka '' CP-6, and run bond wire per layout shown on CP-6. 9. Furnish all labor, materials and equipment for Replacement of SF 300 2.1- Sidewalks caused to be removed in the course of construction 10, Furnish all labor, materials and equipment to Install 1-inch Meter EA 24 i 1- 2g0 Boxes. 11, Furnish all labor, materials and equipment to Install 2-inch Meter EA 5 Boxes. 12. Furnish all labor, materials and equipment for Landscape Replacement of Damage to LS 1 Landscape Caused in the Course 6, 06‘, 6, b b 0 of Anode, Meter Box, and/or Connection Line Installation, 13. Delay of work due to the discovery of artifacts, cultural deposits, or Days 3 4 6 b 1 g ou i fossils per Section 01015.3.F.8 _ San Juan Hills Corrosion Protection System, -15- 00 41 43—BID FORMS CIP 17801 . _ 14. Furnish all labor, materials, and equipment to install Dielectric EA 11 Unions at copper services 4 ©n e, o 15, Furnish all,labor, materials and equipment to Install 1-inch Traffic EA 1 g oo Rated Meter Boxes. .. 16, Furnish all labor, materials and equipment to Install 2-inch Traffic EA 2 g 0 0 3 t 15 Rated Meter Boxes. The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included In the related line items and no additional compensation shall be due to Contractor for the performance of the Work. In case of discrepancy between the Unit Price and the Item Cost set forth for a unit basis item, the Unit Price shall prevail, and be multiplied by the quantity to determine the actual Item Cost. However, if the amount set forth as a Unit Price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the "Item Cost" column, then the amount set forth in the "Item Cost" column for the item shall prevail and shall be divided by the estimated quantity for the item arid the price thus obtained shall be the Unit Price. The sum of the actual Item Costs will be used to determine the actual Bid Price. For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices. The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price, B. TOTAL BID PRICE: TOTAL BID PRICE BASED ON BID SCHEDULE TOTAL OF UNIT PRICES FOR SAN JUAN HILLS GREENS CORROSION PROTECTION SYSTEM CIP 17801 g Total Bid Price in Numbers $ ditedel „ 4 ce,fe, Total Bid yrice in Written Form '1 et.1. In case of discrepancy between the total bid price in numbers, the total bid price in written form, and the actual sum of the work line Item Costs above, the actual sum of the work line Item Costs above shall prevail. The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after San Juan Hills Corrosion Protection System, -19- 00 41 43—BID FORMS CIP 17801 the Bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier, The successful bidder hereby agrees to sign the contract and furnish the necessary bonds and certificates of insurance within ten (10) working days after the City provides the successful bidder with the Notice of Award. Upon receipt of the signed contract and other required documents, the contract will be executed by the City, after which the City will prepare a letter giving Contractor Notice to Proceed. The official starting date shall be the date of the Notice to Proceed, unless otherwise specified, The undersigned agrees to begin the Work within ten (10) working days of the date of the Notice to Proceed, unless otherwise specified. The undersigned has examined the location of the proposed work and is familiar with the Drawings and Specifications and the local conditions at the place where work is to be done. If awarded the contract, the undersigned agrees that there shall be paid by the undersigned and by all subcontractors to all laborers, workers and mechanics employed in the execution of such contract no less than the prevailing wage rate within Orange County for each 'craft, classification, or type of worker needed to complete the Work contemplated by this contract as established by the Director of the Department of Industrial Relations. A copy of the prevailing rate of per diem wages are on file at the City's Administration Office and shall be made available to interested parties upon request. Enclosed find cash, bidder's bond, or cashier's or certified check No. from the Bank in the amount of,, Ten Percent of Total Bid , which is not less than ten percent (10%) of this bid, payable to City of San Juan Capistrano as bid security and which is given as a guarantee that the undersigned will enter into a contract and provide the necessary bonds and certificates of insurance if awarded the Work. The bidder furthermore agrees that in case of bidder's default in executing said contract and furnishing required bonds and certificates of insurance, the cash, bidder's bond, or cashier's or certified check accompanying this proposal and the money payable thereon shall become and shall remain the property of the City of San Juan Capistrano. Bidder is an individual , or corporation , or partnership , organized under the laws of the State of California Bidder confirms license(s) required by California State Contractor's License Law for the performance of the subject project are in full effect and proper order. The following are the Bidder's applicable license number(s), with their expiration date(s) and class of license(s): 995933 08/31/2020 A , B If the Bidder is a joint venture, each member of the joint venture must include the required licensing information. Sureties that will furnish the Faithful Performance Bond and the Labor and Material Payment Bond, in the form specified herein, in an amount equal to one hundred percent (100%) of the San Juan Hills Corrosion Protection System. -20- 00 41 43—BID FORMS CIP 17801 contract price within ten (10) working days from the date the City provides the successful bidder the Notice of Award. Sureties must meet all of the State of California bonding requirements, as defined in California Code of Civil Procedure Section 995,120 and must be authorized by the State of California. The insurance company or companies to provide the insurance required in the contract documents must have a Financial Strength Rating of not less than "A-" and a Financial Size Category:of not less than "Class VII" according to the latest Best Key Rating Guide: At the sole discretion of the City, the City may waive the Financial Strength Rating and the Financial Size Category classifications for Workers' Compensation insurance. (signatures continued on next page) • • • San Juan Hills Corrosion Protection System, -21- 00 41 43—810 FORMS CIP 17801 • I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct. Executed at Placentia ,CM , on this day of December , 2019 (Bidders Name—Print or Type) MARIA ARMQGED. -PRESIDENT (Name and Title)" (Corporate Seal) P779 / (Signe re) Names of individual members of firm or names and titles of all officers of corporation and their addresses are listed below: Name Maria Armogeda Title President/Secretary Treasurer Complete Address 14731 Franklin Ave.,'Suite A, Tustin,CA 92780 Phone (714) 573-4599 FAX (714)459-7088 Name Title Complete Address Phone FAX Name Title • Complete Address Phone FAX Name Title Complete Address Phone FAX San Juan Hills Corrosion Protection System, -22- 00 41 43—BID FORMS CIP 17801 r 1.2 Bid Bond [Note: Not required when other form of Bidder's Security, e.g. cash, certified check or cashier's check, accompanies bid.] The makers of this bond .are, Caipromair Engineering; Inc.. , as Principal, and United States Fire Insurance'Company' , as Surety and areheld and firmly bound unto the City of San Juan Capistrano, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to City for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated December 5 , 20 19 , for San Juan Hills Greens Corrosion Protection System, CIP 17801. If the Principal does not withdraw its Bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes. In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys'fees, court costs, expert witness fees and expenses. By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this 26th day of November , 20 19 , the name and corporate seal of each corporation. (Corporate Seal) Calpromax Engineering, Inc. Contractor/Principal By / Title .'resident United States Fire Insurance Company (Corporate Seal) �,,,Akhk By . ;1�irr►' ttorney t -Fact. ''_ (Attach Attorney-in-Fact Certificate) Title . Lisa L.Thornton,Attorney in Fact San Juan Hills Corrosion Protection System, -23- 00 41 43—@IU FORMS CIP 17801 Notary Acknowledgment A notary public or other officer completing this certificate verifies only theidentity of.the..individual who signed the document.towhich this certificate is attached, and not:the truthfulness, accuracy, or'validity of that document. STATE OF CALIFORNIA . COUNTY OF• 4s,,�2At. On r� QS l 2001 , before me, m tf •5(..a.G„ ------ ,Notary Public, personally appeared fati.9,is1, (( ,who proved to me on the basis of satisfactory Names)olry gner(s) evidence to be the person(y) whose name(s) is/are subscribed to the within instrument and acknowledged to me that 1x►/she/tbe' executed the same in hisiher/thett authorized capacity(ies), and that by hislher/thet signature(s'J on the instrument the person(sr or the entity upon behalf of which the person(t) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. COMM...2160104 O „Ats "f` ` NOTARY PUBLIC•CALIFORNIA —{ LB 1 $ORANGE COUNTY t,�►:._.►_ 41 .xP:August 13,2020 OPTIONAL Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Titles) Title or Type of Document ❑ Partner(s) ❑ Limited ❑ General Number of Pages ❑ Attorney-In-Fact ❑ Trustee(s) o Guardian/Conservator Date of Document. ❑ Other: • Signer is representing: Name Of Person(s)Or Entity(les) Signer(s)Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal, San Juan Hills Corrosion Protection System, -24- 00 41 43—BID FORMS CIP 17801 Notary Acknowledgment A notary public or Other officer completing this certificate verifies only theIdentity of-the individual who. signed the. document to which this'certificate is:attached, and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA COUNTY OF Los Angeles • On. November 26 ,20 19 , before me, Maria Pena , Notary Public, personally appeared Lisa L.Thornton who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true a , . , .. ..G... .;. w ,,. MARIA PENA . �.4g:-.J.. Notary Public California �-WITNESS rll-,y'hand and official seal. - '^ er •;?,' ' Los Angeles County il - • ``� ,� . . Commission#2238398 )�)��- """ My Coffin Expires May 12,2022 a -e Signature of otary Publ c Maria Pena OPTIONAL Though the Information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT •❑ Individual ❑ Corporate Officer City of San Juan Capistrano-Bid Bond Title(s) Title or Type of Document ❑ Partner(s) wi Limited j General Number of Pages ocAttorney-In-Fact o Trustee(s) November 26,2019 ❑ Guardian/Conservator Dale of Document n Other: Signer is representing: . Name Of Person(s)Or Entlty(ies) Signer(s)Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. END OF BID BOND San Juan Hills Corrosion Protection System, -25- 00 4143—BID FORMS CIP 17801 POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE-MORRISTOWN,NEW JERSEY 01687411319 KNOW ALL MEN BY THESE PRESENTS:That United States Fire Insurance Company,a corporation duly organized and existing under the laws of the state of Delaware,has made,constituted and appointed,and does hereby make,constitute and appoint: C.K.Nakamura,Noemi Quiroz,Maria Pena,Tim M. Tomko,Tiffany Coronado,Jessica Rosser,Natalie K. Trofimoff, Lisa L. Thornton,Patricia S.Arana each, its true and lawful Attorney(s)-In-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Seven Million, Five Hundred Thousand Dollars($7,500,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. • This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys-In-Fact named above and expires on January 31,2020. This Power of Attorney is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof,which Articles provide,,in pertinent part: Article IV,Execution of Instruments-Except as the Board of Directors may authorize by resolution,the Chairman of the Board,President, any Vice-President,any Assistant Vice President,the Secretary,or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge,verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizanccs, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases,satisfactions and agency agreements; (b) to appoint, in writing,one or more persons for any or all of the purposes mentioned in the preceding paragraph(a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures, The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation,notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its . corporate seal hereunto affixed this 25th day of March,2019. UNITED STATES TIRE 1NGITRANCE COMPANY 174) Anthony R.Slimowicz,Executive Vice President State of New Jersey} County of Morris } On this 25'h day of March 2019, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company,to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed . the seal of United States Fire insurance Company thereto by the authority of his office. SONIA SCALA 1/), ____4_141/..,62-, NOTARY PUBLIC STATE OF NEW JERSEY Sonia Scala • (Notary Public) • NO.2163686 MY COMMISSION EXPIRES 3/25/2024 1,the undersigned officer of United States Fire Insurance Company,a Delaware corporation,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy is still in force and effect and has not been revoked: IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the day of 20 UNITED STATES FIRE INSURANCE COMPANY ( OJ.1 !{ff 11110) Al Wright.Senio>:Vice 1;resident —. - 1.3 List of Subcontractors In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the Public Contract Code of the State of California and any amendments thereof, Bidder shall set forth below: (a) the name and the location of the place of business, (b) the California contractor license number, (c) the DIR public works contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the work or improvement to be performed under this Contract in an amount in excess of one-half of one percent (0.5%) of the Bidder's Total Bid Price. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder's Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information. If a Bidder fails to specify a subcontractor or if a contractor specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion Itself. CSLB DIR Work to be Name of Location of Contractor Registration % of done by Subcontractor Subcontractor Business License No. Number Work c(A1C 1),1‘;itote. Arti:9gstov-4•4 00-4Jt 61 lopoo 1014i 6,,votivti)(4 Sart Juan Hills Corrosion Protection System, -26- 00 41 43—BID FORMS CIP 17801 CSLB DIR Work to be Name.of Location of Contractor Registration % of done by Subcontractor Business License No. Number Work Subcontractor • • (Attach additional sheets if necessary) Name of Bidder CALP,ROMAX ENGINEERING, INC. Signature j/71,41)*1-'44 / Name and Title MA IAARMOGEDA- PRESIDENT Dated 1.016.12-811 San Juan Hills Corrosion Protection System, -27- 00 41 43—BID FORMS CIP 17801 1.4 Bidder Information and Experience Form ARTICLE 1. INFORMATION ABOUT BIDDER (Indicate not applicable ("N/A")where appropriate.) NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture, 1.0 Name of Bidder: CALPROMAX`ENGINEERING, INC, 2.0 Type, if Entity: CORPORATION 3.0 Bidder Address: 650 N. ROSE DRIVE#186. PLACENTIA, CA 92870 (714) 459-7088 (714) 573-4599 Facsimile Number . Telephone Number calpromax@gmail.com Email Address 4.0 How many years has Bidder's organization been in business as a Contractor? . 5 5.0 How many years has Bidder's organization been in business under its present name? . 5 5.1 Under what other or former names has Bidder's organization operated? N/A 6.0 If Bidder's organization is a corporation, answer the following: 6.1 Date of Incorporation: 07/1.5/2013 6.2 State of Incorporation: California 6.3 President's Name: Maria Armogeda 6.4 Vice-President's Name(s): None 6.5 Secretary's Name: Maria Armogeda 6.6 Treasurer's Name: , Maria Armogeda San Juan Hills Corrosion Protection System, _28- 00 41 43—BID FORMS CIP 17801 7.0 If an individual or a partnership, answer the following: 7.1 Date of Organization: N/A 7.2 Name and address of all partners (state whether general or limited partnership): 8.0 If other than a corporation or partnership, describe organization and name principals: N/A 9.0 List other states in which Bidder's organization is legally qualified to do business. NONE 10,0 What type of work does the Bidder normally perform with its own forces? CONCRETE,.EARTHWORKS,.TRAFFIC SIGNAL 11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why: NO 12.0 Within the last five years, has any officer or partner of Bidder's organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation: NO San Juan Hills Corrosion Protection System, -29_ 00 41 43—©IL FORMS CPP 17801 13.0 List Trade References: JTB Su..1 Co. 1030 N. Batavia Oran.e CA 92867 714 639-9498. 'ter's, Inc. 1700 Carnegie Ave., Santa Ana, CA 92705 (949) 270-9652 Walters Wholesale Electric Co. 200 N. Berry St., Brea, CA 92821 (714) 784-1822 Robertson's 200 S. Main St., Ste. 200 Corona, CA 92882 (951)493-6523 14.0 List Bank References (Bank and Branch Address): Bank of America , Placentia Branch 15,0 Name of Bonding Company and Name and Address of Agent: Bonding Company: United States Fire Insurance Company Agent: Alliant Insurance Services, Inc. -ope e. I, os A nge es, A ••• [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] San Juan Hills Corrosion Protection System, -30- 00 41 43—BID FORMS CIP 17801 Additional Bidder's Statements: If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked: ARTICLE 5. VERIFICATION AND EXECUTION These Bid Forms shall be executed only by a duly authorized official of the Bidder: I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct: Name of Bidder CALPROMAX ENGINEERING, INC. Signature /41/91,/-Ipi‘tnuti.,J Name MARIA ARMOGEDA Title PRESIDENT Date ifabsimig San Juan Hills Corrosion Protection System, _34. 00 41 43—BID FORMS CIP 17801 1.5 Non-Collusion Declaration The undersigned declares: I am the President of .Calpromax Engineering, Inc. , the party making the foregoing Bid, The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or.indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder, All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 12/05/2019 [date], at Placentia. [city], California (state]. Name of Bidder CALPROMAX ENGINEERING; INC. Signature Name . MARIA ARMOGEDA Title PRESIDENT San Juan Hills Corrosion Protection System, -35- 00 41 43—BID FORMS CIP 17801 1.6 Iran.Contractinq Act Certification. (Public Contract Code section 2200 et seq.) As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the.Contractor's status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct: Z. he Contractor is not: (1) identified on the current list of person and entities engaged in investment activities in !ran prepared by the California Department of General Services in accordance with subdivision (b) of-Public Contract Code Section 2203; or (2) a financial Instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. ❑ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract. t ❑ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000. Signature: / 4110 Printed Name: MARIA ARMOGEDA Title: PRESIDENT Firm Name: CALPROMAX ENGINEERING, INC. Date: 1 'k: Att Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years. _36_ 00 41 43—BID FORMS San Juan Hills Corrosion Protection System, CIP 17801 1.7 Public Works Contractor Registration Certification Pursuant to, Labor Code sections 1725,5 and 1771,1, allcontractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorkS.htMlfor additional information. No bid will be accepted nor any contract entered into.without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations,1 Name of Bidder' CALPROMAXENGINEERING, INC. DIR Registration Number: 1000028249 DIR Registration Expiration: 06/30/2020. Small Project Exemption: Yes or ✓ No Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges: 1. Bidder shall maintain a current DIR registration for the duration of the project. 2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. 3, Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive. Name of Bidder CALPROMAX ENGINEERING, INC. Signature Name and Title ^MARIA ARMOGEDA- PRESIDENT Dated /'`2",/Q / .N If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1,please mark"Yes"In response to"Small Project exemption." .37_ 00 41 43—BID FORMS San Juan Mills Corrosion Protection System, CIP 17801 1.8 Contractor's Certificate Regarding Workers' Corn"perisation, I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and 1 will comply with such provisions before commencing the performance of the work of this Contract. Name of Bidder CALPROMAX ENGINEERING, INC. Signature / r ' Name MARIA ARMOGEDA Title . PRESIDENT Dated ",1-4-6-4,0/q San Juan Hills Corrosion Protection System, -38- 00 41 43—BID FORMS CIP 17801 Contract, on or at the Site, is not protected under the Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provde, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of section 3700 of the Labor Code. The Contractor shall file with the City certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents. C. Employer's Liability Insurance. Contractor shall provide Employer's Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00)per person per accident. Contractor shall provide City with a certificate of Employer's Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City. O. Commercial General Liability eumanca. Contractor shall provide "occurrence" form Commercial General Liability Insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed oponationG, personal and advertising injury which may arise from or out of Contractor's operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract includingbut not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 39); or (2) cross-liability fo ( i ainst one insured against another. Policy limits shall not be less thanper occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance general aggregate limit is used, the general aggregate limit f ` l apply separately to this p 'ect/|onaUon. Defense costs shall be paid in ad Ilion to the limits. -� � 1. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor's indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law. 2. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents. 3. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned mquipmnmnL, blanket contractual liability, completed operations liability, exp|os|on, collapse, under-ground excavation, removal of lateral mupport, and other covered loss, however oonam|oned, occurring during the policy term, and shall specifically -75- oo7z1u—GENERAL CONDITIONS San Juan Hills Corrosion Protection System, CIP 17801 insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property. 4. if the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required_lirnits.'qpht-4Wr tija ,',c-ALiii3telerkfai**: Lilirajalk'Wt„V 4 raiiaAei-,Tpfiss.bl,,,Te',.ce*,: lialoyity- i ehAt4494.W.Attinett a tatTgeq ,in.,,,.rilicatea pa*-Ar* tignetia-ci .a_.ctig's KefijiteNIMilecidd4tlittaciatiealtinsu lid`entiotsii:601efEtaikiNtiii tenni_:,(61-6c=17—illkitsts 5. All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. * ***"••-... E. Automobile Liability Insurance. Contractor shall provide "occurrence" form Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the .‘'4. amount of, at least,( 11iti*16,11araTar per accident for bodily injury and ",......-..--. , ,. . . property damage. Such insurance shall provide coverage with respect to the '\v ownership, operation, maintenance, use, loading or unloading of any auto owned, ,. leased, hired or borrowed by Contractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the City. All policies of automobile insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. F. Contractor shall require all tiers of sub-contractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by City. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor's coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys'fees, incurred by the City as a result thereof. ARTICLE 39. FORM AND PROOF OF CARRIAGE OF INSURANCE A. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City's Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VII. Insurance deductibles or self-insured retentions must be declared by the Contractor. At the, election of the City the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a "follow form" endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy. , _ -76- 00 72 13—GENERAL CONDITIONS San Juan Hills Corrosion Protection System, CIP 17801 • A CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD0/YYYY) 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 CONTACT NAME: Soham Naik Newport Beach-Alliant Insurance Services, Inc. PHONE FAX No):949-756-2713 1301 Dove St Ste 200 (A/C.No.Ext):949-527-9818 Newport Beach CA 92660 ADDRESS: Soham.Naik@alliant.com INSURER(S)AFFORDING COVERAGE NAIC# License#:0C36861 INSURERA:Valley Forge Insurance Company 20508 INSURED CALPENG-01 INSURER B:Continental Insurance Company 35289 Calpromax Engineering, Inc. 650 N. Rose Dr.#186 INSURER C:Benchmark Insurance Company 41394 Placentia CA 92870 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:238860431 REVISION NUMBER: 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. INSR ADDL SPOLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER LIMITS (MMIDD/YYYY) (MMIDD/YYYYI A X COMMERCIAL GENERAL LIABILITY Y Y 6079782547 11/30/2019 11/30/2020 EACH OCCURRENCE $51,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $100,000 MED EXP(My one person) $15,000 PERSONAL BADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X yogi LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y 6079782533 11/30/2019 11/30/2020 COMBIaaccideNEDnt)SINGLELIMIT $$1,000,000 (E X 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) B UMBRELLA LIAB OCCUR 6079782502 11/30/2019 11/30/2020 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ C WORKERS COMPENSATION CST5018002 12/16/2019 12/16/2020 X MUTE EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVEN/A • E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:00 55 13 Contract City of San Juan Capistrano,its officials,officers,employees,agents and authorized volunteers are named as additional insureds on a primary and non-contributory basis per the attached endorsements.Waiver of Subrogation applies per the attached endorsements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of San Juan Capistrano 32400 Paseo Adelanto A . San Juan Capistrano CA 92675 UTHORIZEDREPRESENT�AT/IVE P� it/le-ge/C � ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy#6079782547 It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance 3. Bodily Injury—Expanded Definition 4. Broad Knowledge of Occurrence/Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability-Railroads 8. Electronic Data Liability 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury—Exception for Reasonable Force 11. General Aggregate Limits of Insurance—Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability—Damage To Premises/Alienated Premises/Property In The Named Insured's Care, Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft 20. Personal And Advertising Injury—Discrimination or Humiliation 21. Personal And Advertising Injury-Contractual Liability 22. Property Damage-Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation—Blanket 26. Wrap-Up Extension: OCIP CCIP,or Consolidated (Wrap-Up)Insurance Programs Policy#6079782547 90 ADDITIONAL INSUREDS a, WHO f INSURED fb ame ded 'include rP aKi"Insured any person oroaniza ion oesc "bed oa aorao s A. throuoh below whom a Named Insured 55 reouired EM o r EN addition- insured CND Covera o e 'n under 8 tiCtigail contract _(„fo, liA( °rovide° ma contract Gl?ao reement: WhGatgi Tbecomes durino (weg o - +2 executed o rior tom: a� thebodi7. `in•u oroaert dama•e Cf tfie offense ad caused ft •ersonal aiX3 advertisin s M . ' E -dditional insured 3coveraoe:' IN Howe er- subject alwa, s t' }t njb- feimp aa3 conditions cm tifn oolic i cludin ot ni{'1�- Mk.C hi-r -insurer will Kit provide gtoa addi io al insured with: and rlowir midc2 insurance rep aired Mafia contract C?ao reement;C>r co erage broader QM eo uired [ossj agib contract a agreement a1 h lnXo7 Rpm broadert described 1Wei0 a o o lie-able MallEpAnc,throuo h below.; covera o e o ran ed kvikb endorserne!t -o obalk kap extent - Cof` ?o A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. E. Lessor of Premises An owner or lessor of premises, leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property Policy#6079782547 damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. (F. Mortgagee,Assignee or Receiver) (A mortgagee, assignee or receiver of premises but only, with respect to such mortga eg ee„ 'assignee or) receivers liability for_bodily injury property damage or personal and advertising injury arising out of) the.Named lnsured's ownership, maintenance, or use of a premises by a Named Insure -. The coverage granted bythis paragraph does not apply to structural alterations, new construction or demolition operations-permed by, on behalf of, or for such additional insured., G. State or Governmental Agency or Subdivision or Political Subdivisions-Perrnits) A State or-governmental agency or subdivision orpolitical subdivision that has issued a..,permit�o) (authorization but only with respect to such state or governmental agency or subdivision .or political) (subdivision's liability for bodily injury, property damage or personal and advertising injury arising,out) (of) (1.' thefollowing„hazards in connection with •remises a Named Insured owns, rents, or controls and to Which this insurance applies:) (a. the, e)cistence, main_tenance, repair, construction,_ erection or removal of advertising-__signs, (awnings, canopies, cellar entrances, coalholes,, driveways,. manholes marquees, hoistaway) (openings, sidewalk:vaults,'street banners, or decorations and similar exposures;.off (bt the.construction, erection, or removal of elevators;_or) (c._ the ownership, maintenance or use of any elevators-coveredby this.insurance;:or) (2. _permitted or"authorized o.eration.suerformed b - a Named Insured or on a Named Insured's (behalf) (The coverage granted by this paragraph does not.applyto:) (a. Bodily inj ; Policy#6079782547 contribute relative'DEE additional insured's b , 1-n iffib insurance 6§prima .L i fil'l�np Eft Ea t con riou ion ii1 of , � insurance. P the ourpase CQ f Provis'on f -d.ditional insured's ame insu ancenip- C 1 n1 addi lanai i sured 3a named hata41, Otherwise aal notwi hsta ding anyttl ing tb ara contrary elsewhere hilIkb Condition Re insurance o rovided fi3j » oerson CO oroanizati.on dew ainsurance available f arli oerson©Ter aniz-tion, 3. BODILY INJURY—EXPANDED DEFINITION Under DEFINITIONS,the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that Policy#6079782547 first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following: • This insurance does not apply to: k. Damage to Your Product Property damage to your product arising out of it, or any part of it except when caused by or resulting from: (1) fire; (2) smoke; (3) collapse; or (4) explosion. I. Damage to Your Work • Property damage to your work arising out of it, or any part of it and included in the products- completed operations hazard. This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse; or (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product-completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises,was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY—RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement; Policy#6079782547 c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1)above and supervisory, inspection, architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY A. Under COVERAGES,Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1) or(2) above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: Policy#6079782547 a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance, electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses'acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY—EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11iOENERA'L i4OOREGratE IVIRS10FAAW.M. CE PERIPROJ_ .CT W Lw,` a .mr- �Y . �. :).n:NMf'. . .'2:n'%.r"P ! �'S )'uyx? wWR+s ,,2 �'�, M`v✓' ;r ,£nay.. t Qi '�^m epr M argsra -µ-d. A,. Fo-;;e hif$rfruction 'protect 7aWa ,ifrom premises the4;Na'aad Insured owns or fremts, a' sepa Te Construction Pro'Qct General,AggrLegate Limtt''eo 'aI o' " .. �. _q _ ;,amount�of��the.General'Aoereoate L.=i.mit shown jm tr aj®aclaratro_ns:;isitheamostitl e?I.r(s,0,i*iiii$0y aorine su+n of liSAlvdaiiii-Oi:Jeref•4:0,06:0Wde A,7 A ii•as es becausee®f4bodiC°din u-,`ior, ro•est atlamaa e Weladed in the Ni(ticts c mpletgdra eral:ions,hi a bland) 2: All mO01 exper ses'u'ndeIMoverag`ew,C) li atkarisesf`ro7 occurse'rieea'oi aceidenatti"iMear. b6eattrib ilaaVlAly to'on'gEM erations at/that con8t et re ri7TOILOject= paimeits; shall;thot reducetthe General;°Aggregate Limit shown Pe:Olar,,ations,a IO,Othet0OtIStruetion Project General AggregaterbititTof�a jr o her constriaotion`project Otte) 1, ,Dara aga,f4nde Coverage,B regardless ofi:theeriumbe1-Alaaatioms_or construet0.proaects inuolved 00-a stages underLGoverage A era.a6:05—d urren"ce7Aiich'iegiriat'be'r attrtinted`solely to on &ri .p swat a si fritar li fructiorigproteet Odat;darnag s be au"se of bodily i jury o rop?erty o:eration dams e,;' - .,: ._, 1... .., ,..; ,a �' in�ciri^the''products;-completedroperations,ahazardmarid° 3;"...` IVIMOI ex ,eases :under•Govei diZiieaused birAOCiderits`;whrc i Cai n'aZ e:ottribi'itedt"solef" to, ondoin`o oserafions""'at:asin le}co_nstruction'•roectt w ll4re uce'afl`e'".Ge'neral A••'re afe:Lirilit,stiown'inqh'e.Dec'drat ions Policy#6079782547 - rntts shown Decarafons or-Each OccurrenceforDara e Pemiss �enedo1 eM t;Medic xoerse,Co 7tt ue; o ao of��atbut will abe`:sub1ect;to a the%‘ie`Consttu tc on Project G1ne al Aggrega e ,Li,,it :or fhe4.Generjggg:regate Limit sho�nrn in�th"e Declaraf o i depfern'ding"o w,hefher,;the z�.�.:oes+^+�ac� ..i'v�n--•r�_ �.v.�.���„*�- n -Irni �.�..-' qn - Via" a"w.i�yc-e+.w- max... , occurrence cantbe, atill3 ed saely tof.on,Tom• ei erations. ;artaeula construcfiion,o.ro eai D_. Wf e`,n' co era'>e'for Ifabilit, amain out oahes roducts com,' leted o WalibIrST tralifd ikfptogiblatali7y1 = rnatsfor damages because_ofiMly in1 ;or,To:r4-, erty,,dama o e'unclded the :.roducts co",rpleted operafions hazarLd will reduce the Prod;acts ,Completed Ooerations_Ao@reoate,Limitshow n .? thre-Declarations i"e"ardless tthenumber#Euro ecfs'involveil: -• : ,�. 4�t'M.R V k+�'/1"$^U'sf bFHk S,i� 9MY�+'nL'�P ae.ra... •.y v+rsFi a,-. ,',�' �� �s ... .. � _`4=elf csinole construction r�olect away torr "remises owned by or rented to thelnspr�ed has bee ab ncione0�g thea restarted orrif of"ewaut onzedacontraeting tpadiesrdeviate plank°:;;blueprin is designs sp0iftcaton010ablea e pacts Gill still re dee�,med to bye the same cons Eu�ct_ion liAg t. MTtie rouision TOM 8:0IUIITS O'F 11S;U0161cEtiia gtl ;€'tWise`dd fiftl �':;th:is ei��do sen-ient shall continue a gyp � _ - �...`) Y a __ _..m.�_�. ,..�.__..��� �m,l;`as stir fated; 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: ,(1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Policy#6079782547 Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, ;Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act; error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: • the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. • the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business; and Policy#6079782547 (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c)and (d)of Paragraph 2.a.(1)of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES/PARTNERSHIP/ LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE,CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; Policy#6079782547 (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs(1), (3)and (4)of this exclusion do not apply to property damage(other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph(2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products- completed operations hazard. Paragraphs(3)and (4)of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs(3) and (4)does not apply to: a. property at a job site awaiting or during such property's installation,fabrication, or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto, aircraft or watercraft; d. property in transit;or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of • one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c.through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: Policy#6079782547 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii)of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the'following: _ 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: rarararararararararaerarara; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b)with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and This Paragraph B. does not apply to medical expenses incurred in the state of Missouri. 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: Policy#6079782547 (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS,the definition of personal and advertising injury is amended to add the following tort: • Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B— Personal and Advertising Injury' Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another • Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager(if the Named Insured is a limited liability company) of the Named Insured. Policy#6079782547 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from • Provision 1.ADDITIONAL INSURED of this endorsement; or • attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision, does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in • Policy#6079782547 such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B-Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE-ELEVATORS A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE-ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS-COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of$250 shown for daily loss of earnings and replace it with a$1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. ga WAIVERS SUB OGAaRIBLAS:: Under CONDITIONS 3 condition entitled f:? gore a Recove A.ainst Others VD Igb�3 ame ded( 'add t following: lfriag MKT?waives any right CQ recoue ma, kap aoainsf aity person CO oroaniaation because c:R oa, mentsifn'�- l - Q,adiggvCG'damaoe d,' 90 .med Insured's onooino ooerations' included of - •roduc s-com•leted o',orations hazard. However„ flkb COW applies onl, Named Insured [nom agreed k wr.tina receve ON Q co tract()NAM a o reement::gn1C•'J Co l s eh contract CR ao reernent 'L BCiC- cybecomes GIM116G.during `twaaft eov-ra e Pe22,End' & WE@ exec ted orior `- bodil: erose dama•e(o •ersonaI'altj advertisin• Iliftvcgam fil'nplaim 26. 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED(WRAP-UP) INSURANCE PROGRAMS Policy#6079782547 Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs(C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above-referenced endorsement: , With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4.Other Insurance is amend to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent ori any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction;!erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). ' However, when there is no,individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Policy#6079782547 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: MDMO g nal INSURED ection t an ended Q)all o ER Ins red any per on©1 orga ization whom t a g any ed p erson c yrganization, tract t -©� E� ado tonal insu ed G� n#Jit Covera o e part, Named Insured lb required bycontract �.._._...,..,._-.._._._ ifjany, s ecificall,/pt fo ;h Schedule a achment t is endo ement However. E oerson CG' organization CiQ elki InsuredCOV at& ('Jc-c aga aerson Cp 0 oanization sl '7 0 0 A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products-completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. III. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying . services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance is required by written contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: Policy#6079782547 • 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part.,However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on.the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA c riiiirA Policy Number: 6079782533 (Ed.d. 05/1 05/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - DISTRICT OF COLUMBIA This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE 4. An "employee" of yours is an "insured"while • operating an "auto" hired or rented under a (,A - Who:Is;Anlnsuret contract or agreement in that "employee's" Vile following is added:to Section II, Paragraph) name, with your permission, while (A.,1''.,,Who,Is An Insured:) performing duties related to the conduct of (I..:a.. Any, .incorporated entity ,of,which the your business. Named Insured owns a majority.of the "Policy," as used in this provision A. Who Is An voting.stock;.on.the date.of inception of Insured, includes those policies that were in this Coverage'For;m;„provided that,) force on the inception date of this Coverage (b. The insurance:afforded,by thin provision Form but: 1 does not apply to any such entity 1. Which are no longer in force; or that ;is ,an`"insured'' under any other 2. Whose limits have been exhausted. liability "policy providing "auto” coverage;) B. Bail Bonds and Loss of Earnings (2.. Any organization you,newlyacquiire;or form, Section II, Paragraphs A.2. (2) and A.2. (4) other than a '. limitedt 'liab'ility company, are revised as follows: artnership or joint venture and over which 1. In a.(2), the limit for the cost of bail bonds is you maintain majorityownership interest.) changed from $2,000 to$5,000; and The, insurance afforded bythis provision) 2. In a.(4), the limit for the loss of earnings is A.2..) changed from $250 to$500 a day. (a. Iis , "effective: on) the ;acquisition,. or C. Fellow Employee formation date, and'is afforded only until the :end _of the,''policy,period of-this Section II, Paragraph B.5 does not apply. Coverage F'orm,'or:the:next anniversary of its inception: date, whichever is Such coverage as is afforded by this provision earlier.) C. is excess over any other collectible insurance. (b, Does not apply to:) II. PHYSICAL DAMAGE COVERAGE ((1), "Bodily intjuryr or"prope►tydamage" caused by .:,;an "accident" tha A. Glass Breakage — Hitting A Bird Or Animal — occurred before you ac uired_or Falling Objects Or Missiles formed the organization;.o The following is added to Section III, ( • (2)Any.such. ,organization that is an Paragraph A.3.: ("insured" under any other.liabili# With respect to any covered "auto," any '"policy" providing"auto"'coverage, deductible shown in the Declarations will not 3:. Anyperson or organization that. you are apply to glass breakage if such glass is grepaired, in a manner acceptable to us, rather than replaced. B. Transportation.Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you,to provide: a. $60 per day, in lieu of$20; subject to b. $1,800 maximum, in lieu of$600. required'bya'written contract,ta name as an additional insured is_.an "insured" but only with respect to their legal liability for. acts or omissions of.a person; who qualifies as. an "insured" under Section II - Who. Is An. Insured and for whom Liability Coverage is afforded .under this ,policy: If required by written contract, this insurance will be rimary and non=contributory to insurance on which the additional insured is a Named Insured.) " CNA63359DC Copyright,CNA Corporation,2000. Page 1 of 3 (Ed. 05/12) Includes copyrighted material of the Insurance Services Office used with its permission. CNA IAPolicy Number:6079782533 (Ed.d. 05/1 05/12) C. Loss of Use Expenses Section III, Paragraphs B.4.c and B.4.d. are Section III, Paragraph A.4.b. is revised, with deleted and replaced by the following: respect to loss of use expenses incurred by you, c. Physical Damage Coverage on a covered to provide: "auto" also applies to "loss" to any a. $1,000 maximum, in lieu of$600. permanently installed electronic equipment including its antennas and other D. Hired "Autos" accessories The following is added to Section III. d. A$100 per occurrence deductible applies to Paragraph A.: the coverage provided by this provision. 5. Hired "Autos" G. Diminution In Value If Physical Damage coverage is provided under The following is added to Section III, this policy, and such coverage does not extend Paragraph B.6.: to Hired Autos, then Physical Damage coverage Subject to the following, the "diminution in is extended to: value"exclusion does not apply to: a. Any covered "auto" you lease, hire, rent a. Any ' covered "auto" of the private or borrow without a driver; and passenger type you lease, hire, rent or b. Any covered "auto" hired or rented by . . borrow, without a driver for a period of your "employee" without a driver, under 30 days or less, while performing duties a contract in that individual related to the conduct of your business; "employee's" name, with your and permission, while performing duties b. Any covered "auto" of the private related to the conduct of your business. passenger type hired or rented by your c. The most we will pay for any one "employee" without a driver for a period "accident" or "loss" is the actual cash of 30 days or less, under a contract in value, cost of repair, cost of that individual "employee's" name, with replacement or $75,000, whichever is your permission, while performing less, minus a $500 deductible for each duties related to the conduct of your covered auto. No deductible applies to business. "loss"caused by fire or lightning. c. Such coverage as is provided by this d. The physical damage coverage as is provision is limited to a "diminution in provided by this provision is equal to the value" loss arising directly out of physical damage coverage(s) provided accidental damage and not as a result on your owned "autos." of the failure to make repairs; faulty or e. incomplete maintenance or repairs; or Such physical damage coverage for hired"autos"will: the installation of substandard parts. d. The,most we will pay for "loss" to a (1) Include loss of use, provided it is covered "auto" in any one accident is the consequence of an "accident" the lesser of: for which the Named Insured is legally liable, and as a result of (1) $5,000; or which a monetary loss is sustained (2) 20% of the "auto's" actual cash by the leasing or rental concern. value (ACV). (2) Such coverage as is provided by III. BUSINESS AUTO CONDITIONS this provision will be subject to a limit of$750 per"accident." A. Duties In The Event Of Accident, Claim, Suit E. Airbag Coverage Or Loss The following is added to Section III, The following is added to Section IV, Paragraph A.2.a.: Paragraph B.3.: The accidental discharge of an airbag shall not (4) Your "employees" may know of an be considered mechanical breakdown. "accident" or "loss." This will not mean that:you have such knowledge, unless F. Electronic Equipment such "accident" or "loss" is known to you:or if you are not an individual, to CNA63359DC Copyright,CNA Corporation,2000. Page 2 of 3 (Ed. 05/12) Includes copyrighted material of the Insurance Services Office used with its permission. 3 CNA d. 05/1 ) cft I A Policy Number:6079782533 (Ed. 05/12) any of your executive officers or The following is added to Section IV, partners or your insurance manager. Paragraph B.2.: The following is added to Section IV, Your failure to disclose all hazards existing on the Paragraph A.2.b.: date of inception of this Coverage Form shall not (6) Your "employees" may know of prejudice you with respect to the coverage afforded documents received concerning a claim provided such failure or omission is not intentional. or "suit." This will not mean that you (D.,. Ot (erInsura`nce) have such knowledge, unless receipt of ,. such documents is known to you or if The following is, 'added ‘'to" ;Section ;IV,) you are not an individual, to any of your Paragraph 1.0';;) executive officers or partners or youregardless of•the provisions;:;of P'a;ragra"phs 5 a. insurance manager. and 5.d. above the-coverage provided by'this' sy^' art Sro rtif§1im tt`' , 5,l�<� $.,,;Transfer Of.''Ri•hts+ Of: Recove A•ainstpolicy sha11,1be on a prIrnary knon=contribut„ory. Others To,Us bas is. This provision ist applicable, only when: required �b �,zaifawritte contract �Tha, written Ghe follow g is A added to Section IV, contract;mush have een�entered(into�prig to Paragraph ,A 5, L Trannsfei' iOf, Right's Of "Accid`ent'?or"Loss."� Recovery Against=Others{To",t) :) E. Policy Period, Coverage Territory Wei waiue any rlght�ofiryecovery;we,�may;have; Section IV, Paragraph B. 7.(5).(a). Is revised to because of��paym,�entswe' make.far Injury or .� x5 p M . o provide: damage,again,,t an'y psrson,., .o, ganlzatlon for homy(°or which»ikyOU ,are,(�requi ed �;by';,writfen` a. 45 days of coverage in lieu of 30 days. contract::or;areern'ent,,to obtain.,tfis;waiver::from tis IV. DEFINITIONS This' nur;:or#dama��e m ist'a"rise::nout of,, our Section V. Paragraph C. is deleted and replaced ii y,i,. g y:.. by the following: activitiesi„Under a'contract with that person or organizatio"n.) "Bodily injury" means bodily injury, sickness or ora,muat agrhee to;that"requirement,prior to an) disease sustained by a person, including mental "accident"or"loss.") anguish, mental injury or death resulting from any of these. C. Concealment, Misrepresentation or Fraud CNA63359DC Copyright,CNA Corporation,2000. Page 3 of 3 (Ed. 05/12) Includes copyrighted material of the Insurance Services Office used with its permission.