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HomeMy WebLinkAboutSTEPHEN DORECK EQUIPMENT RENTALSCuARVENT INSURANCE NOT ON FILE WORK MAY ROT PROCEED CLERK OF COUNCIL l DATE: N-2022-084 �. PWA C-2) LICENSE AGREEMENT WITH STEPHEN nORECK EQUIPMENT RENTALS INC This LICENSE AGREEMENT ("Agreement") is dated as of March 24, 2022, and entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation existing under the o Constitution and laws of the State of California ("City"), and Stephen Doreck Equipment Rentals, Inc. r� ("Licensee"). RECITALS A. The City is the owner of that certain real property located in the City of Santa Ana, County of Orange, California, more specifically identified as 828 N, Bristol Street (APN 004-123-56) as depicted in Exbibit A ("License Area"). B. Licensee -desires to use the License Area for purposes of storing.vehicles;-materials, and other construction equipment and stockpile during the License period ("Permitted Uses"). C. The City has agreed to grant Licensee a license to use the License Area, on the terms and conditions set forth in this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. License. The City hereby grants to Licensee a nonexclusive license for the right to enter and use the License Area beginning on March 29, 2022, for the Permitted Uses described in Recital B, upon the terms and conditions set forth herein ("License), subject to Licensee's performance of all of its obligations under this Agreement. This License shall remain in effect until July29, 2022, unless extended in writing by the Executive Director of the Public Works Agency, or his or her designee. The License may be terminated by City upon thirty (30) days written notice. This Agreement is intended and shall be construed only as a revocable license to use the License Area and not as a lease or grant of any possessory or other interest. 2. Restoration and Clean Up. At its sole cost, Licensee shall, after use of the License Area, restore the License Area to its original condition in which it existed immediately prior to the Agreement, leave the License Area in a neat and clean condition to the sole satisfaction of the City, free of trash and debris, and remove all property and materials of Licensee. Licensee shall cause the License Area to be cleaned, with such work to be completed no later than the times specified in the License as stated in paragraph l above, and the License shall be extended to such time for the limited purpose of allowing the cleaning work to be completed. 3. Compliance with Laws. Licensee shall cause all activities of Licensee under this Agreement and all activities on the License Area to be performed in compliance with all applicable federal, state, and local laws, ordinances, and regulations, and permits. 4. Licensee shall include, implement, and maintain but not be limited to the following Best Management Practices (BMPs) at the License Area: a) Waste management and Materials Pollution Control BMPs shall be implemented to prevent the contamination of stormwater by construction wastes and materials. b) Tracking control (TC) BMPs to control off -site sediment tracking shall be implemented and maintained. Page 1 of 4 c) Sediment control (SE) BMPs shall be implemented at all locations along the site perimeter, at all operational storm drain inlets and at all non -active slopes, as appropriate. d) Pollution prevention practices shall be implemented. c) Non-stormwater management measures to prevent illicit discharges and control stormwater pollution sources. I) Erosion Control BMPs shall be implemented, as appropriate. g) Wind erosion control BMPs (dust control) shall be implemented, as appropriate. h) Non-stormwater BMPs shall be implemented to reduce or prevent the contamination of stormwater from construction activities. i) Fence and Green Screen For specific guidance reference, reference the Construction Runoff Guidance Manual (orange County Stormwater Program, December 2012) [https://media.ocgov.com/egy/nw/watersheds/documents/bmp/constructionactivities asnl or the California Stormwater Quality Association (CASQA) Stormwater BMP Handbook for Construction. 5. Damane. In the event that Licensee damages any portion of the License Area or the improvements or equipment therein, Licensee shall immediately repair the damage at Licensee's sole cost. Alternatively, the City may, at its election, repair the damage in which case Licensee shall reimburse the City for its cost within fifteen (15) calendar days of receipt of written demand from City. 6. Licensee Parties. Licensee, together with its employees, subcontractors, agents, representatives, and all persons entering the License Area, by or through or at the direction of Licensee, are collectively referred to herein as the "Licensee Parties." Licensee shall be responsible for the Licensee Parties and shall cause the Licensee Parties to comply with the terms of this Agreement. 7. Fee. As consideration for this Agreement. Licensee shall pay City a monthly license fee of Four Thousand Six Hundred Sixty Dollars and Zero Cents ($4,660). Licensee shall pay this amount upon full execution of this Agreement. Licensee shall pay the monthly fee of $4,660, or a pro -rated portion thereof, for any extension of the Agreement pursuant to Section 1. 8. AS -IS Condition. City makes no representation or warranty of any kind as to the condition of the License Area or any other matter relating to Licensee's use of the License Area. Licensee hereby disclaims and waives any and all objections to the physical and other characteristics and conditions of the License Area. Licensee acknowledges and agrees that the use of the License Area will be on the basis of Licensee's own investigation of the condition of the License Area. The license to use the License Area shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or warranty expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee hereby acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or use. Licensee's use of the License Area shall be subject to the License Area being in a usable and safe condition at the time of Licensee's use and Licensee shall be responsible for determining whether the License Area is in such condition. In connection therewith, in the event that the License Area or access thereto is damaged or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City shall have no obligation or duty to repair the damage or rectify the condition to make the License Area usable or safe. 9. -Insurance. Licensee shall secure or cause its agents or contractors performing any entry onto the License Area to secure, prior to commencing any activities under this Agreement, and maintain or cause to be maintained during the term of this Agreement, insurance coverage as follows: a. Commercial General Liability Insurance. Licensee shall maintain commercial general liability insurance which shall include, but not be limited to, protection against claims arising from bodily Page 2 of 4 and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Licensee Parties use of the License Area, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Worker's Compensation Insurance as required by California law. C. Comprehensive Automobile Liability Coverage, including as applicable owned, non - owned, and hired autos, in an amount of not less than $1,000,000 per occurrence, combined single limit, written in an occurrence form. 10. Indemni . Licensee shall indemnify, defend, and hold harmless City, and its respective agents, representatives, employees, subsidiaries and affiliates ("Covered Parties") from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to Licensee's use of the License Area, the entry by any Licensee Parry on the License Area or surrounding property, or Licensee's breach or default in the performance of any of its obligations under this Agreement; provided, however, that Licensee will not be obligated to indemnify the Covered Parties from any claims arising solely from the gross negligence or willful misconduct of a Covered Party. If any action or proceeding is brought against any Covered Party by reason of any such claim, Licensee, upon receipt of written notice from Covered Party, shall defend the same at Licensee's expense with legal counsel reasonably acceptable to Covered Party. Payment shall not be a condition precedent to recovery under any indemnification in this Agreement, and a finding of liability or an obligation to indemnify shall not be a condition precedent to the duty to defend. The provisions of this Section 10 shall survive the termination or expiration of this Agreement. 11. Miscellaneous. 11.1 Entire Agreement. Waiver and Amendments. This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to the subject matter of this Agreement. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged. Any amendment or modification to this Agreement must be in writing and executed by the appropriate authorities of the City and Licensee. 11.2 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the Agreement shall continue in full force and effect, unless and to the extent the rights and obligations of one or both parties has been materially altered or abridged by such holding. 11.3 No Assignment. Licensee shall not assign or transfer or otherwise convey any interest in this Agreement to any party without the express prior written consent of City, which consent may be withheld in City's sole and absolute discretion. 11.4 Applicable Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of California. Page 3 of 4 11.5 Litigation Expenses. If either party to this Agreement commences an action against the other parry to this Agreement arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing party. 11.6 Authority. The persons executing this Agreement on behalf of the parties hereto represent and warrant to the other party that they are duly authorized to execute and deliver this Agreement on behalf of such party, and by so executing this Agreement, said party is formally bound to the provisions of this Agreement. 11.7 Notices. Any notices, requests, or approvals given under this Agreement from one party to another shall be in writing and shall be personally delivered or deposited with the United States Postal Service for mailing, postage prepaid, by certified mail, return receipt requested, to the addresses of the other party as stated in this section, and shall be deemed to have been received at the time of personal delivery or three (3) days after the deposit for mailing. Notices shall be sent to: If to Licensor: Stephen Doreck Equipment Rentals, Inc. Attn: Pablo Viramontes 9075 Telegraph Road Pico Rivera, CA 90660 If to City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 11.8 Execution in Counterpart This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both of the parties hereto, notwithstanding that both parties are not signatories to the original or the same counterpart. IN WITNESS WHEREOF, City and Licensee have entered into this Agreement as of the day and year first written above. CITY (HOF SANTA ANA Kristine Ridge City Manager APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: BtanlTon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency ATTEST Ca Gomez Clerk of the Council LICENSEE Name: �qQ 0 p Wim)*+on j Title: V'NM fm-r% �t Page 4 of 4 EXHIBIT A 9TH ST CIVIC CENTER DR SANTA ANA PWA oNLIC WRKS AGENCY EXHIBIT "A" LICENSE AREA 828 N. BRISTOL ST. APN: 004-123-56 PAGE I OF I Francine R. Dlgltallysigned by Francine R. Villareal Date: 2022.02.01 Villareal 16:47:56-08'00' CERTIFICATE OF LIABILITY INSURANCE I 0 (MMDDIYYYI.---.Y) THIS CERTIFICATE IS ISSUEDPS 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: It the cartVicate holder Is an ADDITIONAL INSURED, the pollcy(lea) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, 'subject to the terms and conditions of the policy, cartaln policies may require an endorsement. A statement on PRODUCER Wright, Finnegan 23001 La Palma A Yorba Linda, CA S License #: Dk9361 Carter Insurance Associates I. Ste 100 INSURED INSURERS: Travelers Pro ert Casualty Co 2 674 Stephen Doreck Equipment Rentals, Inc. g--K h DBA Doreck Construction INSURERC: 9075 Telegraph Rod INSURER 01 Pico Rivera, CA 90�60 INSURERS: r.nVPRAr r.q I rIFRTIFICATF NI IMRFR. nOM1Anfl.s9rumnA RFVIRNIN NIINIRFR. 49, 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS 4F SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR TYPE OP INSURANCE ADDI. POLICY NUMBER P0� ICY FF 0 Llf) EXP LIMITS A X COMMERCIAL GENERAL LIABIIITY CLAIMS -MADE © OCQUR Y Y CO-720OP638-TCT-21 0310112021 03/01/2022 EACHOCCURRENCE $ 1 600 660 P E 16 S E u $ 90O OOO MED EXP Any one arson $ 6,000 Contractual Liab 1 Pollution Liab I PERSONAL & ADV INJURY $ 1000000 GEN'L AGGREGATE LIM IT APPLIES PER: POLICY ®JECT ❑ LOC GENERAL AGGREGATE a 2000000 PRODUCTS •COMPlOP AGG $ 2 OOO OOO Pollution $ 2,000,000 OTHER, B AUTOMOa11,E1JAOILITY 810-8L58787A-21-26-G 0310112021 03101/2022 e e ESN uMl s $ 1,000,00() BODILY INJURY (Par pemen) $ X ANYAUTO OWNED 80HECOLED AUTOS ONLY AUTOS: HIRED NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY ( Peracaldent 1 $ PROPS GE er c tlant $ $ Phy Damage B UMBRELLA UAB X OCCUR CUP-2J30069A-21-26 0310112021 03/0112022 EACH OCCURRENCE $ 5000000 AGGREGATE $ 6000,000 X EXCESS LIAR CIA" -MADE D DERB RETENTIOTIONN$ WOO B ANDEMPLOY RSEUABLOY- ANY PROPRIRTORIPARTNERIIXECUTI (Mandatary In NH)IXCLUDF�Y ea describe antl er r8� IPTION OFO R TIONS below E YI Y Y NIA Y UB-OK312896.21-26-G 0310112021 03101/2022 X E ITT E H E.L. EACH ACCIDENT $ 1 OOO 000 E.L. DISEASE -FA EMPLOYE $ 1000000 E,L. DISEASE -POLICY LIMIT $ 1 000 000 B Install Floater QT-660-213410826-TIL-21 081`1812021 06118P2022 bed 1,000 360,000 B Equip Rented From I QT-660-2G410826-TIL-21 68H812021 08/18/2022 ACV 130,000 DESCRIPTION OF OPERATIONS I LOOAnOf S/VEHICLES (ADDED 101, Additional Remarks Sohadulo, may be ataohad Breen, space Is required) Pollution Policy Westchester; Surplus Lines Ina NAIC # 10172 Policy #G27153136008 Eff Date 03/0112021 through 03/01/2022 $2,000,000,00. NEW RESIDENTIAL EXCLUSION FOR GENERAL LIABILITY POLICY. JOB: PROJECT# 21.6466-GI20VEMONT STREET WATER MAIN IMPROVEMENTS, SDER JOB#2021-09. CRY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE ADDITIONAL INSURED AND PRIMARY WORDING APPLI"' PER THE BLANKET ADDITONAL INSURED ENDORSEMENT ATTACHED TO THE POLICY -AS continued c ACORD 101 A dltlonal Remarks Schedule i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SANTAIANA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 CIVIC CENTER PLAZA Santa Ana, CA k701 AUTHORIZED REPRES�B RIAManagement Diwlmt REVIEWED 6 Ama rED BY: 01988.201(1 ACORD COR F ,' . R v l ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Printed b )@ ', Risk Management Analyst ACC> L- AGENCY CUSTOMER ID: 00001603 LOC 0: ADDITIONAL REMARKS SCHEDULE Page 2 of AGENCY I NAMED INSURED Wright, Finnegan 6 Carter Insurance Associates Stephen Doreck Equipment Rentals, Inc. DBA Doreck Construction POLICYNUMBBR NIA CARRIER NAIC Coo¢ Multiple Carriers EFFeCTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 26 FORM TITLE: Certificate of Liability Insurance (continued from Description of Oparat)ons) REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY AND WORKERS COMPENSATION. The ACORD name and logo are registered marks of ACORD REME vEO & APPRDv®BY: Printed by R 9 F44,U,K Z U:I[.v,,At WRisk Management Analyst COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 60-7200638.TCT 21 ISSUE DATE: 02A1.2021 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement mmdifles Insurance provided under the folfowingl COMMERCIGENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project De�lgnatad Project(s): General AAggregate(s): EACH "PRW%CT" iOR N3IC3.2OU HAVE AGREED', IN GENERAL AGGREGATE A WRITTEN :COHT�CT WE CH IS IN EFFECT DURING ;LIMIT SHOWN -ON THE THIS POLICY PH OD, TO PROVIDE A SEPARATE DECLARATIONS. GENERAL AGGR30 E LIXXTr PROVIDED THAT, THE CONTRACT To SIM4ED BY YOU 'BEFORE THE -BODILY INJURY" OR.°PROOERTY DMMOV OCCURS. A. For all sums wh)ctt the Insured becomes legally obligated to paylas damages caused by"oecur- rencee' under COVERAGE A. (SECTION I}, and for all medical m�pensas,caused by acoldents un- der COVERAC� C (SECTION :I), whtch can be attributed only to operations ;at a single, defflg- nated "project":st5own In the Schaduls:above: 1. A separatl3 Designated Project General Ag- gregate Umil applies to eaphdesignated "pro- ject", and th t Ilmit Is squid to the amount of the GeneralAggregate. Ur ilt shown In the Declarations unless separate Designated Project General Aggregate(s) are sched- uled above. 2. The designated Project- General Aggregate Llmft is the most we will payfor the sum doll damages under COVERAGE A., except damages because of "bodily Injury" or "prop - arty damag�" Included in the "products - completed operations hazard', and for,medl- cal expenses under COVERAGE C, regard- less of the n1mber of: 0. Insuradaj b: Ctalme made or "salts" brought; or G. Persons for organizatlons maWng claims or bdnolnn "suits". 3. Any payments made under COVERAGE A. for damages or under COVERAGE C' for medical expenses shall' reduce the Desig- nated Project General Aggregate Lim(t for that designated "project", Such payments shall hot reduce the General Aggregate Limit shown'In the Declarations nor shall they re- duceany. other .Designated Project General Aggregate Limit for any other designated "project" shown In the Schedule above, 4 The limits shown In the Declarations.forfooh Occurrence, Damage To Premises. Rented To You and Medical Expense continue to apply, However, Instead of being subject to the General Aggregate Limit shown In the peclaratlons, such limits will be Subject to the applicable Designated Project General Ag. gregate Limit, B. For all sum'e Which the Insured becomes legally obligated to pay as damages caused by -"occur- renoes" under COVERAGE A. (SECTION n;and for all medical expenses caused by accidents un- der COVERAGE C. (SECTION 1). which cannot be attributeii only to operations at a singla'desig- nAted "project" shown In the schedule above: CG D2 1101 04 ( Copyright; The Travelers Indemnity Company, 2004 Kink MeftanentDWJ[M RENEWED & APPROVED BY. �. R6k Mznzgemen[ Analyst COMMERCIAL 9. Any payrt for denial medical e available or the Pr gregate U 2. Such pay. rated Prof C. Part2.dSEC Is deleted and 2. The Genie Will payfo a. Demo b. Dame medical cannot D. When Page 2 of 2 LIABILITY s made under COVERAGE A. or under COVERAGE C. for ,nses shall reduce the amount arthe General Aggregate Limit acts-Comptated Operallons+ Ag- whichavep Is appltcable, and its shall notreduce any Dealg- General Aggregate Limit IN III—LIMIC$OF INSURANCE !laced by the following: Aggregate Limit is the -mo'st.we a'sum of underCoverage B; and from "oocurrencee under GE' A (SECTION I) and for all expenses caused by accidents rVERACE. C (SECTION I) which r attributed only to operations at ealgnated "project" shown In the LE above. for liability arising out of the tad operatoons hazard" Is pro- v1ded, any payments for damages because of "bodily irdury" or 'property damage" included In. the "products -completed operations hazard" will reduce the Products -Completed Operations Ag- gregate Limit, and not reduce the. General Aggre- gate Limit nor the Designated Project Generai. Aggregate Limit E. For the purposes; of this .endorsement the Definl- tions -Seatlon Is amended by the addlpon of the following definition: "Project" means an area away from premises owned by or rented to you at which you are per- formIng operations pµreuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of Insurance,, each 'project" 'that. Includes promises Involving the same. or connecting lots, or premises whose con• nectlon is Interrupted only by a street, roadway, waterway or r1ght of -Way of a railroad shall be considered a single'project". F. The provisions of SECTION III — LIMITS OF INSURANCE: not oilierwkse: modlfled by this an. dorsemerit shall coritinuo to apply as stlpulatod. Copyright, The Travelers Indemnity Company, 2004 REVE D&APPROVED BY. F4M+ .0 Z YacWu Ruk Management Analy l Policy: 00-72001*838-TOT-21 COMMERCIAL GENERAL LIABIUTY THIS This endorsement CHANGESTHE POLICY. PLEASE READ IT CAREFULLY; BLANKET ADDITIONAL INSURED Products -Completed Operations If Required By Contract) lea Insurance provided under the following: GENERAL LIABILITY:COVERAGE PART PROVISIONS i The following is adfl'ed to SECTION IU- WHO IS AN INSURED: Any person or organization that you agree In a written contract br agreement: to Include as an additional Insured) on this Coverage Part is an Insured, butonlw a. With respect b liability for "bodily Injury" or "property dam e" that occurs, or for "personal InJury' caused !by an offense that Is committed, subsequent'to the signing, of that contract or agreement A; while that part of the contract or agreement is Ir{ effect; and b. If, and only tb the extent that, such injury or damage Is caused byacts or omissions of you or your subcordr'ctor in the performance of "your work" to which �the writfen.contract or agreement applies. Such (person or organization does not qualify as an additional Insured with respect to the Indepandi int acts or omissions or such person ororga ilzation. The lrisuranoe pro 4ded to such additional Insured Is subject to the fdl ingprov[810 S; a. If the Limits c4 Insurance of this Coverage Part shown In the Declaratlons exceed the minimum limits requlre.� by the written contracf or agreement, the Insurance provided to the additional In red will be limited to such minimum req red Ilmds. For the purposes of determining vtether this Ilmltation applies, the minimum limits' required bythe written contract or agreement wll be conaldered to Include the mWmum .vim of any Umbrella or Excess liability coverage required for the additional Insured by thAi written contract or agreement; This provision' will not ihcrease the limits of Insurance described In Section III — Limits Of Insurance.. b. The Insurancb provided to such additional Insured does rl�t apply to: (1) Any "bodily Injury", "property damage" or "personal Injury" arising out of theproviding, or failure to provide, any professional architectural, englnsaring or survaying services, including; (a) The preparing, approving., or failing to prspare or approval maps, shop drawings; opinions; reports; 'surveys', field orders or change orders, `or the preparing, approving, or falling to prepare or approve, drawings and specilloafl'ons; and {b) Supervisory, Inspodon, archltaotural, or engineering aotivittes. (2) Any "bodily Injury' or "property damage" caused by "your work.' and Included In the "products -completed operations hazard" unless the written contract. or agreement specifically requires you to .provide such coverage' for that additional. Insured during the policy period,. c: The additional Insured must comply with the following duties: (1) .Give, us written notice as soon as practicable, of an "oocurnancel' or an offense. which may result In a cialnt, To. the extentpdssIble, such notice should Include; (a) How, when and where the "occurrence" or offense took place; (b) The names and addresses of any Injured persons and wltnesses;,and (I:) The nature and location of any Injury or damage arising out of the "occurrence" or offense: (2) If a claim is made or "suit" Is brought against the additional Insured: CG D2 46 0419 ® 2018 The Trawlers Indemnity Company, All rights reservati. M kt mugementn van <+' 1?FMEWEDSAPPRQ 1M=.: j l i:. � 1rFne� f �t ® ftvk Management Analyst COMMERCIAL ar=N=RAL LIABILITY (a) lmmedla)ely record thespecifics of the claim or"suit" and the date received; and (h) Nctityu ss soon as practicable and see. to It that -we racelVe written notice of the claim or "suit' as soen :as. practicable. (3) Immedlately send us copies of all legal papers r .calYed in connection with the claim or "suit', Cooperate with us In the Investigation; or settlement of the claim or defense agahtsl the "suit", and otherwise comply with �II policy conditions. Page,2of 2 (4) Tender the .defense and indemnity of :any clalm or "suit' to any provider of other insurance: which would cover such additional Insured for a loss we cover. However; this condition_ does not, affect whether the Insurance provided to such additional Insured Ts primary to other Insurance available to such additional Insured which covers that person or organization as a named Insured as described In Paragraph 4., Otler.lnsuranop„ of Section IV — Commercial General LlebllllyyConditions, ® M18 The Travelers Indemnity Company, PJI riotua reserved. o! rten�,.�,Ao,R v, By. ® Risk Management Analyst I Policy: 00.72001`1�38-TCT-21 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. XTEND ENDORSEMENT FOR CONTRACTORS This andorselnent rn dlflesinsurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens .coverage, However, coverage for any Injury, damage or m dicai expenses described in anyof the provisions of this endorsement may be: excluded or limited by another endorsement to•this Coverage Part,. and' these coverage broadening provisions do not apply to the extent that coverage, is excluded or limited by such an endorsemeriL The following listing is a general. coverage description only. Read all the provisions of this endorsement and the rest of your pollcy carefully to determine rights; duties, and what [sand is not covered, A. Who la An B. Blanket A Entlfles — I Operations PROVISIONS A. WHO iS :Al SUBSIDIARIES The following Is AN INSURED; Anyof your'sube joint venture or not shown as Declarations Ise a. You are the ownerstip Ir and b. Such subsh similar other No such subsidiE or "property clan and advertlslrig committed; a. Before you i of more than b. After the. dat that you no Interest of m, For purposes of Is An Insured, deemed to be do CO 0316 0219 —Unnamed Subsldlaries. C. inOdental Medical Malpractice it Insured. — Governmental D. Blanket Waiver Of Subrogation Or Authrxlzati.ons Relating To E. Contractual Liability—Rallroads F. Damaga To Promises Rented To You a. An organization other than a. partnership, joint INSURED — UNNAMED venture or limited liability company; or b: A trust; Idled to: SECTION I I -WHO IS as Indicated in Its name or the dacurn'eints that govern its structure. ilarles; other than a partnership, B. BLANKET ADDFPIONAL INSURED — mited liability company, that is :GOVERNMENTAL ENTITIES — PERI<AITS OR a flamed insured In theAUTHORIZATIONS :FELATINGTOOPERI?iMN5 Vamed Insured If: sots owner of, or maintain an Brest of more than 50"/a in, such the first day of the policy perlod; Is not an Insured under y is an Insured for ':bodily Injury' cgs"that occurred, or "personal Injury" caused by an oFfansa aintained an ownership Interest i0% In such subsidlary; or ,_iF any; during the policy period longer maintain an ownership -e than 50% Insuch subsidiary.. aragraph 1, of Section IF - Who .aeh such subsidiary will be Ignated In the Dedaratlons ois: The following is added to SECTION II — WHO 18 AN.INSURED: Any governmental enft that has issued a permit or authorization with respect to operations performed by or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to Include as an additional 'Insured on this Coverage Part Is ,an Insured, but onlywlOT respect to Ilab[Ilty for '"bodily injury", "property damage' or "personal and advertising Injury" arlsing out of such operations. The insurance provided to such governmental entity does, not apply to: a. Any "bodlly" injury, 'property damage" or "persona[ and advertieing Injury" arising cut of operations performed fib the governmental antity or b. Any "bodily Injury' or "property damage' Included in the "products -completed operations hazard". 0 2017 The.Trevelem Indennily Company. All dghta reserved. Includes capyri htsd mateds of lnsuranceaentcea Office, Ino., wRh its permission, / Ri,1 Managen,ml Dh bion & By., o®' [RevIEwm pAPPRavaa Risk M amg... nt Analyst i COMMERCIAL GENERAL LIABILITY C. INCIDENTAL MI VICAL MALPRACTICE 1. The foliowlrila replaces Paragraph b. of the definition ' of ':accurrenod' In the DEFINITIONS Section: i b. Anact or omisslon committed In providing or failing to provide "inclderital medical services?, first aid, or "Good Samaritan services? to a person, unless you are in the buOlasir or occupation of providing professlt nal healthcare earN6ea, 2. The following replaces the last paragraph of Paragraph 21,a.(ff or SECTION It — WHO IS AN INSUREQ, Unless you.i4re In the business or owupatlon of providing refesslonal health care services, Paragraphs1)(s), ,(bj, (a) and (d) above do not apply to "bodily Injury" arising out of providing or Telling to provide; (a) "Incidentlel medical services? by any of your "e ployeas" who is a nurse, nurse assistant, emergencymedical technician or paramedic, or (b) First aid I r "Good Samaritan services" by any of (bur "employe'ee, or "volunteer workers other than an employed or volunteer, doctor. Any such "employees" or "volurltaer workers" providing or failing to provide first ald or "$ood Samaritan services' during their work hours for you will be aemed to be acting vWthln the scope their employment by you or perform " duties related'to the conduct of your bICslness. S. The foUowtnli replaces the last sentence of Paragraph 5; cf SECTION III — LIMITS OF INSURANCE: For the 1uIrposes of determining the appilcable Each Occurrence ❑mit, all related acts or omi slons committed In providing or failing to provide "Incideritai medical servicoe, t �d or "Good Samaritan services" to r ny one person will be deemed to be one "DICOL lance'', 4. The folowlhg exclusion Is added to Paragraph 2'Ei. Ausloha, of SECTION 1 — COVERAG4 — CMERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILTY; Sale Of Pharmaceuticals "Bodily Injury' or "property damage" arising out .of the Yolatlon of a penal statute or ordinance ,relating to the sale. of pharmaceuticals committed by, or with the Imowledgeor consent of, .the Insured, S. The following.Is added to the DEFINITIONS Section,: "Incidental medical services" means: a. Medical, surgical, dental., laboratory, *ray or nursing service or treatment, advice or Instruction, or the related furnishing of food or beverages; or b. The furnishing a dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph d.b., EWdSis Ifisurdhas, of SECTION IV — COMMERCIALL GENERAL LIABILITY CONDITIONS': This insurance Is excess over any valid and collectible other Insurance, whether primary, excess, contingent or on any other basis; that Is available to any of your "employees" for "bodily Injury" that arms. out of providing or falling to pro*do "Incidental medical services" to any person to the extent not suejeot to Paragraph 2:a.(1) of Section 11 —Who Is An Insured. D. BLANKET. WAIVER OF SUBROGATION The following la added to Paragraph &, Transfer OF Rights Of Recovery. Against Lathers To Us, or SECTION IV — COMMERCIAL GENERAL LIABILITY CONDMON3: If the Insured has agreed In a contract or agreement to waive that Insured's right of recovery against. any person ororganization, vve waive our right of recovery against such person or organisation, but only for payments we make because of: a, "Bodily Injury" or. "property damage" that occurs; or b. "Personal and advertising Injury" caused by an offense that Is committed; subsequent to the execution of the contract or agreement. E. CONTRACTUAL LIABILITY -RAILROADS I. The following replaces Paragraph a, of the definition of "Insured contract" in the DEFINITIONS Section;. C. Any easement or license agreement; Page 2of3®20f7The Travelers lndemnityCompany,All rights resOwd. Includes cepydBhtad materiel of Insurance $erskawptfice, Ina, with its permission. R6Ie Mnugar,od lxtae("n REmI 6 APPRovm BY: ® Rts Is Management Analyst 2. Paragraph contract deleted, F. DAMAGE TO The foltowirig damage" In th 'Promises der CO DS 16 0219 of the definition of "Insured c UEFINiTIONS Section Is RENTED TO YOU as the deFlnitlgri ar "premises NITIONS Sections means "property damage" to; COMMERCIAL GENERAL LIABILITY a .Any premises while ranted to you or temporarily occuplad by you with permission ofthe:ownor, or b. The contents of any premises while such premises is rented to :you, If you rent such premises for a period of seven or fewer consecutive days, 02W The Travelers Indetrnity Company. All rights reserved. Includee cepytightgd meteltal of Insurance $srAoer, Office, Inc., with its permission. Risk Mrmagamen t DM91an %� R--miEvoEo &APPRmm By. aw t� R6k Management Analyst i TRAVELgR` DHB TOWER 9QUARt URTHORD, M 061,93 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 j A)— 001 POLICY NUMBER: US-01<312896-21-26-0 I WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CA UF6RNIA (BLANKETWAIVER) i We have the rldht to recover our payments from anyone liable for an Injury covered by this policy. We will not r:nfnrne our rJohIl AgalrysIthe perRnnnr nronnl7stlon named Ih the Snnedulo. The. additional premium for this endorsement shall be 02.OD0 % of the California worters, compensation pre- mium. Person. or 01 ANY PER90K WHIVII THE BY WRITTEN PRIOR TO V WAIVER, FOR HAs Schedule Job Description nMn0es the policy to whtnh It La Attnohpd and is effentIM m thi: data IRsuetl unless otherwtse (The Information below Is required only when this endorsement Is Issued subsequent to PreParation of the policy.) Endorsement Eff�ctive 03.01.2021 Policy No. UR 0K312$96-21-26-G Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF I88tig; 03.01.2021 ST.ASSIGN! I?Emeum>Rkk�Rovml B o3j e ®. ® R¢k Managemen[Analyst