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HomeMy WebLinkAboutUSA SHADE & FABRIC STRUCTURES (SHADE STRUCTURES, INC.) INSURANCE NOT ON FILE A-2024-144 WORK MAY NOT PROCEED CITY CLERK 2024 DATE: OCT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SHADE STRUCTURES, INC., DBA SHADE & FABRIC STRUCTURES FOR PURCHASE AND INSTALLATION 0: Lilo) OF A SHADE STRUCTURE AT THE NEWHOPE LIBRARY Ovlay. Dave(KF) THIS AGREEMENT is made and entered into this 17th day of September 2024 by and between Shade Structures, Inc., a Texas corporation dba USA Shade & Fabric Structures ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the design, procurement, and installation of shade structures for the City's Newhope Library ("Project"). B. Contractor represents that Contractor is able and willing to provide such services to the City. C. Contractor has full access to the material and special pricing under Sourcewell Contract No. 010521-LTS-6 ("Cooperative Contract"). D. The City is a member of Sourcewell (Member ID No. 1888) and is authorized to use the Cooperative Contract for public works procurements, including the materials and services required for the Project. E, In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. Contractor shall perform the tasks and obligations including all labor, materials, tools, 12k reach fork and skid steer, and work required to fully and adequately complete the services described and set forth in Contractor's Proposal Exhibit A, attached hereto and incorporated by reference. b. Contractor is not responsible for crane services, drill rigs, land surveying, field measurements, layout, confirmation of final location, above and below ground utilities, sprinklers/irrigation systems, caulking, sealants, joint checks, traffic control plans, flagging, permits, or a Storm Water Pollution Prevention Plan. c. The Project shall be deemed complete upon its acceptance by the City's Executive Page 1 of 10 Director of Public Works or their designated representative,which acceptance shall not be unreasonably withheld, 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed Sixty-Eight Thousand,Three Hundred Forty-One Dollars and Zero Cents ($68,341). This sum is comprised of(I) a base fee of$62,127.86 and (2) a contingency in the amount of$6,213.14 for additional services at the City's sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's accounts) with financial institutions. c. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may be reasonably expected by the City 3. TERM This Agreement shall commence on the date first written above and terminate on December 31,2025. The City shall have the option to renew this Agreement for up to one(1) additional one- year term, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works"and "maintenance"projects. If the services being performed are part of an applicable "public works" or"maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws, 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an Page 2 of 10 independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages,employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for the design drawings ("Documents & Data") provided by Contractor to the City. Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data, Contractor makes no such representation and warranty in regard to Documents& Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. BONDING REQUIREMENTS Prior to the issuance of a building permit for the Project, the Contractor shall provide the City bonds by a corporate surety duly authorized to transact business in the State of California as follows: a. A performance bond in the form set forth in California Government Code, Section 66499.1, the Subdivision Map Act of the State of California in an amount equal to 100% of the amount set forth in Section 2 of this Agreement,which amounts to Sixty-Eight Thousand, Three Hundred Forty-One Dollars and Zero Cents ($68,341); and b. A defective materials and workmanship bond in the form set forth in California Government Code, Section 66499.3, the Subdivision Map Act of the State of California in an amount equal to 10% of the amount set forth in Section 2 of this Agreement, which amounts to Six Thousand, Eight Hundred Thirty-Four Dollars and Ten Cents($6,834.10). 8. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall procure and maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below for the duration of this Agreement: a. Minimum Scope and Limit of Insurance Page 3 of 10 (I) Commercial General Liability (CCL). Insurance Services Office Form CC 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability. ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9),with a limit no less than$1,000,000 per accident for bodily injury and property damage. (3) Workers' Compensation. As required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (4) Broader Coverage. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall he available to the City. b, Other Insurance Provisions (I) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the COL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance(at least as broad as ISO Form CG 20 10 1 1 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). (2) Primary Coverage. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Page 4 of 10 (4) Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (5) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (6) Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. (7) Verification of Coverage. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause)and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. (8) Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. (9) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 9. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors,special counsel, and representatives from liability: (I) for personal injury, damages,just compensation, restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or Page 5of10 equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution,judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages,just compensation,restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 10. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent,trademark,or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 11. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours, Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 12. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance,but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any Page 6 of 10 information that(a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Contractor without reference to information disclosed by the City. 13. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P,O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-21) P.O. Box 1988 Santa Ana, CA 92702 Executive Director Library Services City of Santa Ana 26 Civic Center Plaza (M-75) Santa Ana, CA 92701 To Contractor: Shade Structure, Inc., dba USA Shade & Fabric Structures Attn: Rob Blakley, Senior Vice President PO Box 3467 Coppel, Texas 75019 Page 7 of 10 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 15. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor.The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations,inducements,promises or agreements,orally or otherwise,have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 16. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, or delegate any interest herein without the prior written consent of the City and any such assignment, transfer,delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right,or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. TERMINATION Either party may terminate this Agreement in a signed writing if the other party materially breaches its obligations under this Agreement, and such breach is not cured within thirty(30)days after delivery of the non-breaching party's written notice or such longer time as the non-breaching party may specify in the notice. In the event of such termination, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor Page 8of10 prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date pursuant to the mutually agreed upon schedule, and in such case such work product shall be the property of the City unless prohibited by law,and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 19. NON-DISCRIMINATION Contractor shall not discriminate because of race, color,creed, relation,sex,marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 20. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall he determined and governed by the laws of the State of California. Both parties further agree that Orange County,California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 21. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement, 22. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective panics to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attomey's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. Page 9 of 10 b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ennifer L.V -� Alvaro Nunez Cit. City Manager APPROVED AS TO FORM CONTRACTOR SONIA R. CARVALHO City Attorney By ndon Salvatierra R Blakley Deputy City Attorney Senior Vice President RECOMMENDED FOR APPROVAL 7 Digitally signed by Nabil Nabil S a b a Dabte:2024.08.29 14:27:50 Brian Sternber Au 24 15:03 PDT) -07'00' Nabil Saba, P.E. Brian Sternberg Executive Director Executive Director Public Works Agency Library Services Page 10 of 10 EXHIBIT A U SAS HAD E & Fabric Structures. Newhope Library 11/21/2023 Priced per USA SHADE-PlayPower, Inc. Sourcewell Contract #010521-LTS-6 Proposal Prepared For: City of Santa Ana ® Library 26 Civic Center Plaza Snata Ana, CA 92701 AZ: 289388 CA: 989458 LA: 61718 NV:78724 NM: 383826 TN:68712 DIR: 1000003533 www.usa-shade.com I 800-966-5005 USASHADE at Fabric Structures. Date; 11/21/2023 Proposal for USA SHADE & Fabric Structures Project Information: Sales Information: Purchaser: City of Santa Ana-Library Contact: Maria Castro Sales Rep: Patti Abrecht Project Name: Newhope Library Phone: (714)647-5269 Phone: (949)466-4592 Quote No- CA0623PA06712 Email: mcastro5@santa-ana.org Email: patti.ebrechtCaiusa shade.com PO No; Fax: ...... Fax: 1 Billing Information: Shipping Information: Jobsite Information: City of Santa Ana-library SOUTHERN CALIFORNIA Newhope Library 26 Civic Center Plaza 1085 N Main,Suite C 122 N Newhope St Snata Ana Orange Santa Ana CA CA CA 92701 92867 92703 Contact; Marla Castro Contact: Operations Contact: Cody Roth Phone (714)647-5269 Phone (714)427.6981 Phone 1949)497-9000 Email: mcastro5fa7synta_atimtOt Email: Email: croth(7Rrifflnstructures.com Fax: 0 Fax: Fax: 0 CORPORATE ADDRESS: MAILING ADDRESS: REMITTANCE ADDRESS: 2580 Esters Blvd., Suite 100 P.O. Box 3467 P.O. Box 734158 DFW Airport,TX 75261 Coppel,TX 75019 Dallas,TX 75373.4158 SOUTHERN CALIFORNIA: NORTHERN CALIFORNIA: ARIZONA: LAS VEGAS: 1085 N Main Street,Suite C 927 Enterprise Way.Suite A 2452 W.Birchwood Ave,Suite 112 6225 S.Valley View Olvd.,Suite I Orange,CA 92867 Napa.CA 94558 Mesa,AZ 85202 Las Vegas,NV 89118 NOTE:This message is intended only for the use of the individual to whom it is addressed,and contains nformation that is privileged,confidential,and exempt from disclosure under applicable law. If you are not the Intended recipient,or the employee or agent responsible for delivering this message to the intended recipient,you are hereby notified that any unauthorized disclosure,distribution,or copying of this communication is strictly prohibited If you have received this communication in error,please notify us immediately by phone and return the original message to the applicable address above. www.usa-shade.com 800-966-5005 AZ: 289388 CA: 989458 LA: 61718 NV; 78724 NV:78724 NM:383826 TN:68712 Dirt: 1000003533 USASHADE S Fabric Structures. Structure Pricing Structure 1 UNIT IMAGE UNIT DETAILS Unit Quantity: 1 Foundations By USA Shade Unit Type: Full Hip Cantilever Grout Installation USA Shade Structure size: 20x30 Footing Type: Drilled Pier USA Shade Model Number 202.5 Base Attachment: Recessed Base Plate =`P Ent Hel ht; 10 Anchor Bolts: Included No of Columns: 2 Concrete Cutting: N/A k s �e,,. . No of Fabric Top : 1 Dirt Removal: Included — . ; �: '- Fabric Type• Colourshade FR _...Surface Type: Dirt Fabric Color: TBD from standard NOTEs Steel Finish Coastal Primer w/ Powder Coating Steel Color TBD from standard Foundation layout to be provided by others confirming final location and top of foundation N/A PRICE Electrical Provisions: elevations. TURNKEY SEE BELOW canle/HDwFinlsn: Galvanized Concept No: CON-MAY-034-23 www.usa-shade.com 800-966-5005 AZ; 289388 CA:989458 LA:61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 USASHADE a Fabrics Structures, SOURCFWEII PRICING CITY PART NUMBER DESCRIPTION LNn PRICE UNIT TOTAL 1 FULL CANTI HIP SINGLE 202.5 FULL CANTI HIP SINGLE(Joined)• $17,195.00 EACH $17,195.00 1 Add Colourshade Fabric $164.00 EACH $164.00 1 Add Coastal Primer $1,128.00 EACH $1,128,00 — 1 _ ^— Anchor Bolts $677.00 EACH $677.00 1 Shipping and Handling $8,500.00 LTG $8,500.00 Taxable Subtotal $27,664,00 Sales Tax 7.75% $2,143.96 I Equipment Installation $16,289.40 EACH $16,289.40 2 Site Preparation $2,500.00 PER DAY $5,000,00 2 Planning&Design $1,750.00 PER DAY $3,500.00 5ervices 1 Stamped Engineering Drawings $7,500.00 EACH $7,500.00 1 Bonding $1,750.00 EACH $1,750.00 SUBTOTAL $63,847.36 List Loss 10%Discount -$1,719.30 TURNKEY INSTALLED TOTAL $62,127.86 USA SHADE reserves the right to Implement a surcharge for significant Increases In raw materials,Including the following,but not limited to:fuel,steel,fabric,and concrete,Proposal pricing Is only valid for 30 days due to the fluctuation In pricing.Due to recent significant increases experienced In raw steel and fabric materials,It maybe necessary to order,invoice,and receive payments for steel and fabric as soon as final sizing can be determined, ENGINEERING REQUIREMENTS NOTES Building Code CSC2022 Wind toad 11S mph Snow toad 5psf All Pricing, Terms and Conditions per USA SHADE-PlayPower, Inc. Drawlns 5+=e Electronic So UYCewelV Contract 010521-LTS-6 No.of Sealed Drawings 1 - Calculations Recured On File INCLUSIONS/EXCLUSIONS • INCLUDED EXCIUUED ENGINEERING. REQUIREMENTS INCLUDED EXCLUDED INSTALLATION -.MISCELLANEOUS pi r1 Sealed Drawings&Calculations n El Prevailing Wage/Certified Payroll ❑l n Permit Submittal(dimensioned site plan,Copy of master permit/plans O n "'"'�' with reference title page for plan submittal and all site specific Union Wages reference code annalysls provided by utllars) ��--55 [_� 0Permit fee LA Temporary Fenrng n n OSA Submittal&Fees n n Water and Electrical �"- n 0 Design and Engineering of Structure n i] landscape Repair n ❑ Design and Engineering of Foundation n [] Demolition(Existing Structurest 0 n NeactIons and loads for attachment to Walls,Rooftops,or Other ❑ Q Payment and Performance Bonds — 0 Ll Foundation Location and Elevation Survey 0 [) Special Inspection Fees C r;1,1g:should a crane be required and direct access not available,additional costs will incur by way of a Change Order Revised Foundations:pricing based on standard drilled pier foundations;If existing site conditions and(or constraints require revised foundations(i.e.spread footing), additional costs will Incur by way of a Change Order Undergrounds:existing underground utilities,irrigation,etc.to be relocated/capped by others—USA Shade will provide Dig Alert only eww.usa•shade.cem 800.666-5005 AZ:289388 CA 989456 LA:61716 NV:78724 NV 76724 NM-.383826 TN:68712 OR 1090003533 Agreement_USA Shade - PlayPower Inc (2024) FINAL_8. 19.24_updated Final Audit Report 2024-08-21 Created: 2024-08-21 By: Dylan Dario(ddarlo@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAASggkzARbVCnKyusxSUygmxXdK2bKbHx4 11Agreement_USA Shade - PlayPower Inc (2024)_FINAL_8.19.24 updated" History t Document created by Dylan Dario (ddario@santa-ana.org) 2024-08-21 -9:53:13 PM GMT Li Document emailed to Brian Sternberg (bsternberg@santa-ana.org) for signature 2024.08-21 -9,;53:20 PM GMT ti Email viewed by Brian Sternberg (bsternberg@santa-ana.org) 2024-08-21 - 10:03:11 PM GMT do Document e-signed by Brian Sternberg (bsternberg@santa-ana.org) Signature Date:2024-08-21 -10:03:28 PM GMT-Time Source:server 0 Agreement completed. 2024-08-21 -10:03:28 PM GMT Adobe Acrobat Sign ACORD® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 11/19/2024 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 w� p y, policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). d PRODUCER CONTACT •O NAME: ADD Risk Services Central, Inc. PHONE FAX St. Louis MO Office (A/C.No.Ext): (866) 283-7122 (A c.No.). (800) 363-0105 4220 Duncan Avenue E-MAIL 2 Suite 401 ADDRESS: St Louis MO 63110 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: 3ames River Insurance Company 12203 Shade Structures, Inc. INSURER B: Pennsylvania Manufacturers' Assoc Ins Co 12262 USA SHADE & FABRIC STRUCTURES 2580 Esters Blvd., Suite 100 INSURERC: Manufacturers Alliance Ins Co 36897 DFw Airport, Tx 75261 USA INSURERD: Columbia Casualty Company 31127 INSURER E: Allied world Assurance Company (US) Inc 19489 INSURER F: COVERAGES CERTIFICATE NUMBER: 570109483131 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 MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Limits shown are as requested INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 000959655 10/01/2024 10/01/2025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED $300'000 PREMISES(Ea occurrence) X XCU not exd MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 N'LAGGFIEG-E LIMITAPPLIES PER: GENERAL AGGREGATE $2,000,000 M POLICY PRO do JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 0 OTHER: o r` B AUTOMOBILE LIABILITY Y Y 152400 0652321A 10/01/2024 10/01/2025 COMBINED SINGLE LIMIT AUtO ADS (Ea accident) $1,000,000 C J ANY AUTO Y Y 152400 0652321B 10/01/2024 10/01/2025 BODI LY I NJURY(Per person) •• O OWNED SCHEDULED Auto CA BODI LY I NJURY(Per accident) Z AUTOS ONLY AUTOS N HIREDAUTOS NON-OWNED PROPERTY DAMAGE I O ONLY AUTOS ONLY (Per accident) -C 11 d7 E X UMBRELLA LIAB OCCUR 03140086 10/01/2024 10/01/2025 EACH OCCURRENCE $5,000,000 U X EEXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 ED I X RETENTION $10,000 B WORKERS COMPENSATION AND Y 2024750652321 10/01/2024 10/01/2025 x PER STATUTE OTTH- EMPLOYERS'LIABILITY YIN JER ANY PROPRIETOR/PARTNER/ N/A E.L.EACH ACCIDENT $1,000,000 EX N ECUTIVE OFFICER/MEMBER (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If y s,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: City's Newhope Library ("Project''), 122 N. Newhope St. Santa Ana, CA 92703. The per location aggregate is subject to a policy cap of $10,000,000. The General Liability (ongoing & Completed operations) and Automobile Liability include a blanket Additional Insured endorsement in favor of City of Santa Ana, its officers, officials, employees and volunteers that provides this feature only when there is a written contract with the named insured that requires such status. General Liability insurance is primary and non-contributory. The General Liability, Automobile Liability and workers' Compensation policies x include a blanket waiver of Subrogation endorsement in favor of City of Santa Ana that provides this feature only when there i a written contract with the named insured that requires such status. Umbrella Liability policy follows form. IN CERTIFICATE HOLDER CANCELLATION M9 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 Santa Ana AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza Santa Ana CA 92702 USA Far ACORD 25(2016/03) The ACORD name and logo are registere APPROVED By Cynthia Mora at 12:41 pm, Dec 10, 2024 AGENCY CUSTOMER ID: 570000052633 LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Aon Risk services Central , Inc. shade structures, Inc. POLICY NUMBER See Certificate Number: 570109483131 CARRIER I NAIC CODE see Certificate Number: 570109483131 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR ADDL SUBR POLICY NI?YIBER LIMITS TYPE OF INSIR4NCE EFFECTIVE EXPIRATION DATE LTR INSD WVD DATE (MD1/DD/YYYY) EXCESS LIABILITY D 7040440664 10/01/2024 10/01/2025 Aggregate $5,000,000 01 Excess $5M X $5M Each $5,000,000 Occurrence ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACOR APPROVED By Cynthia Mora at 12:41 pm, Dec 10, 2024 AGENCY CUSTOMER ID: 570000052633 LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Central , Inc. Shade Structures. Inc. POLICY NUMBER See Certificate Number: 570109483131 CARRIER NAIC CODE See Certificate Number: 570109483131 EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Companies Affording coverage LINE OF BUSINESS DESCRIPTION POLICY NUMBER POLICY POLICY COMPANY NAIC PRIMARY PERCENTAGE. EFFECTIVE DATE EXPIRATION (YN) OF (MM/DD/YYYY) DATE FLAG RISK M1I NI/DD/YYYY General Liability 000959655 10/1/2024 10/1/2025 James River Insurance 12203 Y 100 Coverage Company umbrella Liability 03140086 10/1/2024 10/1/2025 Allied world Assurance 19489 Y 100 company (us) Inc Business Auto 152400 0652321A 10/1/2024 10/1/2025 Pennsylvania Manufacturers' 12262 Y 100 Coverage Assoc Ins Co Business Auto 152400 0652321E 10/1/2024 10/1/2025 Manufacturers Alliance Ins 36897 Y 100 Coverage Co workers compensation 2024750652321 10/1/2024 10/1/2025 Pennsylvania Manufacturers' 12262 Y 100 Assoc Ins Co Excess Liability 7040440664 10/1/2024 10/1/2025 Columbia Casualty Company 31127 Y 100 Coverage The Subscribing insurers' obligations under contracts of insurance to T,hich they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any co-subscribing insurer wl for anv reason does not satisfy all or part of its obligations. ACORD 101(2008/01) APPROVED „^l e"•• _ - The ACORD name and logo are registered marks of ACORD By Cynthia Mora at 12:41 pm, Dec 10, 2024 POLICY NUMBER: 00095965-5 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Where required by written contract or written agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III— Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage ,or personal and advertising injury required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. Required by the contract or agreement; or 1. In the performance of your ongoing operations; or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the insured only applies to the extent permitted by Declarations. law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. APPROVED By Cynthia Mora at 12:41 pm, Dec 10, 2024 CG 20 26 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 00095965-5 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Where required by written contract or written agreement All operations of the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodilyinjury" or damage" or "personal and advertising injury" property damage occurring after: pp y caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the 1. The insurance afforded to such additional injury or damage arises has been put to its intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. APPROVED By Cynthia Mora at 12:41 pm, Dec 10, 2024 CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III— Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or APPROVED By Cynthia Mora at 12:41 pm, Dec 10, 2024 Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: 00095965-5 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Where required by written contract or written All operations of the Named Insured agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. APPROVED D By Cynthia Mora at 12:41 pm, Dec 10, 2024 CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER: 00095965-5 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. APPROVED By Cynthia Mora at 12:41 pm, Dec 10, 2024 CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 POLICY NUMBER: 00095965-5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS Name Of Additional Insured Person(s) Or Organization s : If no entry appears above, this endorsement applies to all Additional Insureds covered under this polio . Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. APPROVED By Cynthia Mora at 12:41 pm, Dec 10, 2024 AP5031 US O4-10 Page 1 of 1 POLICY NUMBER: 00095965-5 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Where required by written contract or written agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of We waive any right of recovery we may have against Rights Of Recovery Against Others To Us of the person or organization shown in the Schedule Section IV—Conditions: above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. APPROVED By Cynthia Mora at 12:41 pm, Dec 10, 2024 CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 POLICY NUMBER: 00095965-5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY LIMITATION - AMENDED AGGREGATE LIMITS OF INSURANCE PER LOCATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION III — LIMITS OF INSURANCE-The General Aggregate Limit applies separately to each "Location" of the Named Insured. Notwithstanding the application of the General Aggregate Limit to each "Location"of the Named Insured, under no circumstances will we pay more than $10,000,000 for all claims under this policy that are subject to the General Aggregate limit. For the purpose of this endorsement, the following definition is added: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. APPROVED By Cynthia Mora at 12:41 pm, Dec 10, 2024 AP5011 US 12-03 Page 1 of 1 POLICY NUMBER: 00095965-5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY LIMITATION - AMENDED AGGREGATE LIMITS OF INSURANCE PER PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS COMBINED LIABILITY POLICY SECTION III — LIMITS OF INSURANCE-The General Aggregate Limit applies separately to each "Project" of the Named Insured. Notwithstanding the application of the General Aggregate Limit to each "Project" of the Named Insured, under no circumstances will we pay more than $10,000,000 for all claims under this policy that are subject to the General Aggregate limit. For the purpose of this endorsement, the following definition is added: "Project" means all work done by you or on your behalf, away from premises owned or rented to you, to complete an individual bid or negotiated contract to provide services for a specified period of time. Multiple jobs, work orders, purchase orders, or work done at multiple "locations" under one contract are not separate "projects"within the meaning of this coverage. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. APPROVED By Cynthia Mora at 12:41 pm, Dec 10, 2024 AP5012US 12-03 Page 1 of 1 POLICY NUMBER: 152400 0652321A COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance B. The following is added to the Other Insurance Condition in the Business Auto Coverage Form Condition in the Auto Dealers Coverage Form and and the Other Insurance — Primary And Excess supersedes any provision to the contrary: Insurance Provisions in the Motor Carrier This Coverage Form's Covered Autos Liability Coverage Form and supersedes any provision to Coverage and General Liability Coverages are the contrary: primary to and will not seek contribution from any This Coverage Form's Covered Autos Liability other insurance available to an "insured" under Coverage is primary to and will not seek your policy provided that: contribution from any other insurance available to 1. Such "insured" is a Named Insured under such an "insured" under your policy provided that: other insurance; and 1. Such "insured" is a Named Insured under such 2. You have agreed in writing in a contract or other insurance; and agreement that this insurance would be 2. You have agreed in writing in a contract or primary and would not seek contribution from agreement that this insurance would be any other insurance available to such primary and would not seek contribution from "insured". any other insurance available to such "insured". APPROVED By Cynthia Mora at 12:41 pm, Dec 10, 2024 CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 INSURED COPY POLICYNUMBER: 152400 0652321A COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: 10/1/2024 SCHEDULE Name Of Person(s) Or Organization(s): AS REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule if not shown above will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. APPROVED By Cynthia Mora at 12:41 pm, Dec 10, 2024 CA 20 48 10 13 O Insurance Services Office, Inc., 2011 Page 1 of 1 AGENT POLICY NUMBER: 152400 0652321A COMMERCIAL AUTO PICA 05 04 04 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF RECOVERY RIGHTS This endorsement modifies coverage provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM We waive any right of recovery that we may have agreement with that person or organization, if such against the person or organization shown in the contract or agreement is made and dated prior to the SCHEDULE because of payments we make for injury or loss, and if such written contract or injury or damage arising out of the operation of an agreement requires a waiver of recovery rights. This insured "auto", but such waiver is only effective if the waiver applies only to the person or organization Named Insured has entered into a written contract or shown in the SCHEDULE below. SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT . APPROVED By Cynthia Mora at 12:41 pm, Dec 10, 2024 PICA 05 04 04 14 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission The PMA Insurance Group, 2014 INSURED COPY POLICY NUMBER: 202475 0652321 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE AS REQUIRED BY WRITTEN CONTRACT EXECUTED PRIOR TO THE DATE OF LOSS . APPROVED By Cynthia Mora at 12:41 pm, Dec 10, 2024 1983 National Council on Compensation Insurance. INSURED COPY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITION - CANCELLATION AND NON RENEWAL NOTICE TO SCHEDULED THIRD PARTY The following is added to the CANCELLATION AND NON-RENEWAL condition of this policy: If we decide to cancel the policy during the policy period or non-renew this policy, we will send written notice of cancellation or non-renewal to the person or organization shown in the Schedule below at the address shown below. If the policy is being cancelled for non-payment of premium to us, the cancellation notice will be mailed at least 10 days before the effective date of the cancellation. If we decide to cancel the policy during the policy period or non-renew the policy, for reasons other than non-payment of premium, the notice will be mailed at least 30 days before the effective date of the cancellation or non-renewal. If notice is mailed, proof of mailing will be sufficient proof of notice. This endorsement does not apply when there are instructions to cancel the policy by a premium finance company, which is a cancellation by the insured. SCHEDULE City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. APPROVED By Cynthia Mora at 12:41 pm, Dec 10, 2024 AP1015US 01-17 Page 1 of 1 POLICY NUMBER: 152400-06-52-32-1A PIL 02 35 09 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION -OTHER This endorsement modifies coverage provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL EXCESS COVERAGE LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following condition is added to this policy: SCHEDULE Name of Person(s) or Organization(s) CITY OF SANTA ANA Mailing Address APPROVED 20 CIVIC CENTER PLAZA By Cynthia Mora at 12:41 pm, Dec 10, 2024 SANTA ANA, CA 92702 Number of Days 90 If this policy is cancelled, we agree that the person(s) or organization(s) listed in the Schedule will be notified at least: 1. Ten (10) days prior to the effective date of cancellation if we cancel for non-payment of premium; or, 2. The number of days indicated in the Schedule above, prior to the effective date of cancellation if we cancel for any other reason; or, 3. The minimum number of days required by the jurisdiction to which this endorsement applies if such requirement is greater than 1.or 2. above. If such notice of cancellation is mailed, proof of mailing to the address shown in the Schedule above will be sufficient proof of notice. PIL 02 35 09 10 The PMA Insurance Group, 2010 Page 1 of 1 AGENT ACORO® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 12/04/2025 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 w� p y, 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 'a NAME: Aon Risk Services Central, Inc. PHONE FAX St. Louis MO Office (A/C.No.Ezt): (866) 283-7122 (A/C.No.): (800) 363-0105 'a 4220 Duncan Avenue E-MAIL 2 Suite 401 ADDRESS: St Louis Mo 63110 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: Pennsylvania Manufacturers' Assoc Ins Co 12262 shade Structures, Inc. INSURERB: Allied World Assurance Company (US) Inc 19489 USA SHADE & FABRIC STRUCTURES 2580 Esters Blvd., Suite 100 INSURERC: James River Insurance Company 12203 DFW Airport, TX 75261 USA INSURERD: Columbia Casualty Company 31127 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570116964701 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. Limits shown are as requested INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDNYYY) LIMITS C X COMMERCIAL GENERAL LIABILITY Y Y 000959656 10 01 2025 10 01 2026 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR P REVISES (Eaoccurrence) $300,000 X XCU not excl MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 P'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY FTPEO �LOC PRODUCTS-COMP/OPAGG $2,000,000CID OTHER: o r A AUTOMOBILE LIABILITY y Y 152500 0652321 10/01/2025 10/01/2026 COMBINED SINGLE LIMIT $1'000,000 uD (Ea accident) )( ANYAUTO BODILY INJURY(Per person) 0 O OWNED SCHEDULED BODILY INJURY(Per accident) Z AUTOS ONLY AUTOS N HIREDAUTOS NON-OWNED PROPERTY DAMAGE 2 ONLY AUTOS ONLY (Per accident) N B X UMBRELLA LAB X OCCUR 03140086 10/01/2025 10/01/2026 EACH OCCURRENCE $5,000,000 U EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I X RETENTION $10,000 A WORKERS COMPENSATION AND Y 2025750652321 10/01/2025 10/01/2026 X I PERSTATUTE 0TTH- EMPLOYERS'LIABILITY Y/N JER A PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ENN/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 UID SCes, un der $1,000,000 RIPTION OPERATIONS below E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Project Name: Newhope Library, Quote No. CA0623PA06712. The per location aggregate is subject to a policy cap of $10,000,000. The General Liability (on oing & Completed Operations) and Automobile Liability include a blanket Additional Insured endorsement in favor of City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteer are to be covered that provides this feature only when there is a written contract with the named insured that requires such status. General Liability insurance is primary and non-contributory. The General Liability, Automobile Liability and Workers' Compensation policies include a blanket Waiver of Subrogation endorsement in favor of City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered that provides this feature only when there is a CERTIFICATE HOLDER APPROVED CANCELLATION By Tu Tran Nguyen at 12:14 pm,Dec 10,2025 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 Santa Ana AUTHORIZED REPRESENTATIVE all� Attn: Library Services, Dylan Dario 20 Civic Center Plaza, M-42 Santa Ana CA 92701 USA igitall yned Tu Tran byrurranD sigNq =_ Nguyen ■. Date:2025.12.10 121519-0800' ©1988-2015 ACORD CORPORATION.All rights reserved ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000052633 LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services Central , Inc. shade structures, Inc. POLICY NUMBER See Certificate Number: 570116964701 CARRIER I NAIC CODE See Certificate Number: 570116964701 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY LNSR ADDL SUBR POLICY NUNIBER LIMITS FIR TYPE OF LNSURANCE L\SD R'{'D EFFECTIVE EXPIRATION DATE DATE (MM/DD/YYYY) MM/DD/YYYY EXCESS LIABILITY D 7040440664 10/01/2025 10/01/2026 Aggregate $5,000,000 01 Excess $5M x $5M Each $5,000,000 Occurrence ACORD 101(2008101) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000052633 LOC#: A o ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services Central , Inc. shade structures, Inc. POLICY NUMBER see certificate Number: 570116964701 CARRIER NAIC CODE see certificate Number: 570116964701 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Description of Operations/Locations/Vehicles: written contract with the named insured that requires such status. umbrella Liability policy follows form. ACORD 101(2008101) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000052633 LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services Central , Inc. shade structures, Inc. POLICY NUMBER See Certificate Number: 570116964701 CARRIER NAIC CODE See Certificate Number: 570116964701 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Companies Affording coverage LINE OF BUSINESS DESCRIPTION POLICY NUMBER POLICY POLICY COMPANY NAIC PRIMARY PERCENTAGE EFFECTIVEDATE EXPIRATION (V/N) OF (MM/I)D/YYYY/ DATE FLAG RISK MMND/YYYY General Liability 000959656 10/1/2025 10/1/2026 James River Insurance 12203 Y 100 Coverage Company Umbrella Liability 03140086 10/1/2025 10/1/2026 Allied World Assurance 19489 Y 100 company (us) Inc Business Auto 152500 0652321 10/1/2025 10/1/2026 Pennsylvania Manufacturers' 12262 Y 100 Coverage Assoc Ins Co Workers compensation 2025750652321 10/1/2025 10/1/2026 Pennsylvania Manufacturers' 12262 Y 100 Assoc Ins Co Excess Liability 7040440664 10/1/2025 10/1/2026 Columbia casualty company 31127 Y 100 coverage The Subscribing insurers' obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any co-subscribing insurer wF for anv reason does not satisfy all or part of its obligations. ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 00095965-6 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Where required by written contract or written All operations of the Named Insured agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III —Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER: 00095965-6 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Where required by written contract or written agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III — Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage or personal and advertising injury required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. Required by the contract or agreement; or 1. In the performance of your ongoing operations; or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the Declarations. insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 00095965-6 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Where required by written contract or written agreement All operations of the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodilyinjury" or damage" or "personal and advertising injury" pp y property damage occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III— Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: 00095965-6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS Name Of Additional Insured Person(s) Or Organization(s): Where required by written contract or written agreement If no entry appears above, this endorsement applies to all Additional Insureds covered under this policy. Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5031 US O4-10 Page 1 of 1 POLICY NUMBER: 00095965-6 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Where required by written contract or written agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of We waive any right of recovery we may have against Rights Of Recovery Against Others To Us of the person or organization shown in the Schedule Section IV—Conditions: above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ POLICY NUMBER: 00095965-6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY LIMITATION - AMENDED AGGREGATE LIMITS OF INSURANCE PER LOCATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION III —LIMITS OF INSURANCE-The General Aggregate Limit applies separately to each "Location" of the Named Insured. Notwithstanding the application of the General Aggregate Limit to each "Location" of the Named Insured, under no circumstances will we pay more than $10,000,000 for all claims under this policy that are subject to the General Aggregate limit. For the purpose of this endorsement, the following definition is added: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5011 US 12-03 Page 1 of 1 POLICY NUMBER: 00095965-6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY LIMITATION - AMENDED AGGREGATE LIMITS OF INSURANCE PER PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS COMBINED LIABILITY POLICY SECTION III —LIMITS OF INSURANCE-The General Aggregate Limit applies separately to each "Project" of the Named Insured. Notwithstanding the application of the General Aggregate Limit to each "Project" of the Named Insured, under no circumstances will we pay more than $10,000,000 for all claims under this policy that are subject to the General Aggregate limit. For the purpose of this endorsement, the following definition is added: "Project" means all work done by you or on your behalf, away from premises owned or rented to you,to complete an individual bid or negotiated contract to provide services for a specified period of time. Multiple jobs, work orders, purchase orders, or work done at multiple "locations" under one contract are not separate "projects"within the meaning of this coverage. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5012US 12-03 Page 1 of 1 POLICY NUMBER: 152500 0652321 COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance B. The following is added to the Other Insurance Condition in the Business Auto Coverage Form Condition in the Auto Dealers Coverage Form and and the Other Insurance— Primary And Excess supersedes any provision to the contrary: Insurance Provisions in the Motor Carrier This Coverage Form's Covered Autos Liability Coverage Form and supersedes any provision to Coverage and General Liability Coverages are the contrary: primary to and will not seek contribution from any This Coverage Form's Covered Autos Liability other insurance available to an "insured" under Coverage is primary to and will not seek your policy provided that: contribution from any other insurance available to 1. Such "insured" is a Named Insured under such an "insured" under your policy provided that: other insurance; and 1. Such "insured" is a Named Insured under such 2. You have agreed in writing in a contract or other insurance; and agreement that this insurance would be 2. You have agreed in writing in a contract or primary and would not seek contribution from agreement that this insurance would be any other insurance available to such primary and would not seek contribution from "insured". any other insurance available to such "insured". CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 INSURED COPY POLICY NUMBER: 152500 0652321 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: PLAYPOWER, INC. Endorsement Effective Date: 10/1/2 02 5 SCHEDULE Name Of Person(s) Or Organization(s): AS REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 4810 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 AGENT POLICY NUMBER: 152500 0652321 COMMERCIAL AUTO PICA 05 04 04 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF RECOVERY RIGHTS This endorsement modifies coverage provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM We waive any right of recovery that we may have agreement with that person or organization, if such against the person or organization shown in the contract or agreement is made and dated prior to the SCHEDULE because of payments we make for injury or loss, and if such written contract or injury or damage arising out of the operation of an agreement requires a waiver of recovery rights. This insured "auto", but such waiver is only effective if the waiver applies only to the person or organization Named Insured has entered into a written contract or shown in the SCHEDULE below. SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT . PICA 05 04 04 14 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission The PMA Insurance Group, 2014 INSURED COPY POLICY NUMBER: 202575 0652321 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE AS REQUIRED BY WRITTEN CONTRACT EXECUTED PRIOR TO THE DATE OF LOSS . 1983 National Council on Compensation Insurance. INSURED COPY