Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
18-109 CSG Consultants, Design Professional Services Agreement (Master) for on call plan review services
CITY OF a CUPERTINO 1. DESIGN PROFESSIONAL SERVICES AGREEMENT (MASTER) WITH CSG CONSULTANTS, INC. FOR ON CALL PLAN REVIEW SERVICES PARTIES This Master Agreement is made and entered into as of :::.;Ju=n=e~l2=-=2=0'-'1'""8'------------- ("Effective Date"), by and between the City of Cupertino , a municipal corporation ("City"), and CSG Consultants Inc. ("Consultant"), a. Corporation for on call plan review services ---------------------------------("Project"). 2 . SERVICES 2.1 Scope of Services . Consultant agrees to provide the Services "as needed " and as set forth in the Scope of Services, attached and incorporated here as Exhibit A . The Services must comply with this Agreement and with each Service Order issued under the authority of the City Director of Pub I ic Works or his designee, in accordance with the following procedures. 2.2 Service Orders. Before issuing a Service Order the City Director/Designee will request Services in writing and hold a meeting wi th Consultant to discuss it. Consultant will submit a written proposal that includes a specific Scope of Services , Schedule of Performance and Compensation, which the Pa1ties will discuss . Thereafter City Director/Designee will execute a Service Order using the Service Order Form attached and incorporated here as Exhibit B . Each Service Order will specify its scope of services, deliverables , schedule of performance, compensation and any other applicable terms. Issuance of a Purchase Order is discretionary and the Director/Designee may streamline these procedures , e .g., conferring by telephone instead of a meeting , if it is in the City's best interests. Consultant will not be compensated for Services performed without a duly executed Service Order. 3. TIME OF PERFORMANCE 3.1 Term. This Agreement begins on the Effective Date and ends on J_u_n_e_3_0~,_2_02_1 ____ _ ("Contract Time"), unless terminated earlier as provided herein . 3.2 Schedule of Performance. All Services must be provided within the times specified in each Service Order, and under no circumstances should the Services go beyond the Contract Time. Consultant must promptly notify City of any actual or ·potential delay in providing the Services as scheduled to afford the Patties adequate opportunity to address or mitigate delays . If the Services are divided by tasks , · Consultant must begin work on ea ch separate task upon receiving City 's Notice to Proceed ("NTO"), and must complete each task within the time specified in each Service Order. 3.3 Time is of the essence for the perform ance of all the Services required in thi s Agreement and in each Service Order. Consultant must have sufficient time , res ources and qualified staff to deliver the Project On Call Plan Re view Mas ter Desig n P rofessional Agreement/ Rev. May. 2 01 8 Page I of IO Services on time. Consultant must respond promptly to the City 's Service Orders and any change orders that may be issued . 4. COMPENSATION 4.1 Maximum Compensation. City will pay Consultant for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed $135 000 ("Contract Price"), based on the budget and rates set forth in Exhibit C, Compensation , attached and incorporated here . The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant's actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price. 4.2 Invoices and Payments. City will pay Consultant for Services satisfactorily provided under a Service Order, within 30 days following receipt of a properly submitted invoice for Services provided during the preceding calendar month. Unless otherwise provided by a Service Order, each invoice must include for each day of Services: a. The name of each individual providing Services; b . A succinct summary of the Services performed by each such individual ; c. The time spent by each individual providing those Services; d . The applicable hourly billing rate and payment due ; and e . A detailed breakdown of all allowable expenses. All hourly rates and allowable expenses must conform to City-approved rates set fo1th in Exhibit C. 4.3 Final Payment. At least 30 days prior to end of the Agreement, Consultant must submit a requisition for final and complete payment of costs and any pending claims for City approval. Noncompliance with this requirement relieves City of further payments/obligations under the Agreement. 5. INDEPENDENT CONSULTANT 5.1 Status. Consultant is an independent Consultant and not an employee, partner, or joint venture of City. Consultant is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's performance of the Services . Consultant is not entitled to health, worker's compensation or other benefits from City. 5.2 Consultant Qualifications. Consultant warrants on behalf of itself and its Subconsultants that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best industry practices for similar services performed in the San Francisco Bay Area. 5.3 Permits and Licenses. Consultant warrants on behalf of its e lf and its Subconsultants that they are properly licensed, registered, and/or ce1tified to pe1form the Services as required by law and that they have procured a City Business License. Project 011 Call Plan Review Mas ter Desig n Prof ess ional Agreement/ Rev. May. 201 8 Page 2 of 10 5.4 Subconsultants. Unless prior written approval from City is obtained , only Consultant's employees and Subconsultants whose names are included in this Agreement and incorporated Exhibits may provide Services under this Agreement. Consultant must require all Subconsultants to furnish proof of insurance for workers' compensation, commercial liability, auto, and professional liability in reasonable conformity to the insurance required of Consultant. The terms and conditions of this Agreement shall be binding on all Subconsultants relative to the portion of their work. 5.5 Tools, Materials and Equipment. Consultant will supply and shall be responsible for all the tools, materials and equipment required to perform the Services . 5.6 Payment of Taxes. Consultant must pay income taxes on the money earned under this Agreement. Upon City's request, Consultant will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Agreement. 5.7 Errors and Omissions. Consultant is solely responsible for its errors and omissions and those of its Subconsultants, and must take prompt measures to avoid, mitigate, and correct them at its sole expense. 6. PROPRIETARY/CONFIDENTIAL INFORMATION During the Contract Time Consultant may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Consultant shall hold in confidence all City information and use it only to perform this Agreement. Consultant shall exercise the same standard of care to protect City information as a reasonably prudent Consultant would use to protect its own proprietary data. 7. OWNERSIDP OF MATERIALS 7.1 Property Rights. Subject to City meeting its payment obligations for the Services, any interest (including copyright interests) of Consultant or its Subconsultants in any product, memoranda, study, repo1t, map, plan, drawing, specification, data, record, document or other information or work, in any medium (collectively, "Work Product"), prepared by Consultant in connection with this Agreement will be the exclusive prope1ty of the City and shall not be shown to any third-party without prior written approval of City. 7.2 Copyl"ight. To the extent permitted by Title 17 of U .S. Code, all Work Product prepared/created by Consultant and its Subconsultants and all copyrights in such Work Product shall constitute City prope1ty. If it is determined under federal law that the Work Product is not "works for hire", Consultant and Subconsultants hereby assign to City all copyrights to the Work Product when and as created. Consultant may retain copyrights to its standard details, but hereby grants City a perpetual, non-exclusive license to use such details. 7.3 Patents and Licenses. Consultant must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual prope1ty if incorporated into the Services or Work Product of this Agreement. Project On Call Plan Re view Mas ter Des ig n Professional Agree m ent/ Rev. May. 2018 Page 3 of JO 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights , City may use or modify the Work Product of Consultant and Subconsultants to execute or implement any of the following, but Consultant sh al I not be responsible or liable for City 's re-use of Work Product : (a) For work related to the original Services for which Consultant was hired; (b) To complete the original Services with City personnel , agents or other Consultants; (c) To make subsequent additions to the original Services; and/or (d) For other City projects . 7.5 Deliverables and Format. Electronic and hard copies of the Work Product constitute paii of th e Deliverables required under this Agreement, which shall be provided to City on recycled paper and copied on both sides , except for one single-sided original. Large-scale architectural plans and similar items must be in CAD and PDF formats, and unless otherwise specified , other documents must be in Microsoft Office applications and PDF formats . 8. RECORDS 8.1 Consultant must maintain complete, accurate , and detailed accounting records relating to the Services and Compensation, in accordance with generally accepted accounting principles and procedures. The records must include detailed information about Consultant 's pe1formance, benchmarks and deliverables . The records and supporting documents must be kept separate from other files and maintained for a period of four years from the date of City 's final payment. 8.2 City will have free and full access to Consultant's books and records for review and audit, to make transcripts or copies, and to conduct a preliminary examination of all the work, data , documents , proceedings, and activities related to this Agreement. If a supplemental examination or audit of Consultant's records discloses non-compliance with appropriate internal financial controls, a contract breach, or a failure to act in good faith, City will be entitled to recover from Consultant the costs of the supplemental examination . This Section survives the expiration/termination of this Agreement. 9. ASSIGNMENT Consultant shall not assign, sublease, hypothecate , or transfer this Agreement, or any interest therein , directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void . Any changes related to the financial control or business nature of Consultant as a legal entity will be considered an Assignment subject to City approval, which shall not be unreasonably withheld. For purposes of this provision, control means 50% or more of the voting power of the business entity. This Agreement binds Consultant, its heirs , successors and assignees . 10. PUBLICITY/ SIGNS Any publicity generated by Consultant in connection with the Project and Services during the Contract Time and for one year therea fter will reference City contributions in making th e Project possible. The words "City of Cupertino" shall be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements , interviews and newspaper a11icles. No signs may be Proj ect On Ca ll Plan Review Mas ter Design Profess ional Agree m ent/ R ev. May. 201 8 Page 4 o f JO posted, exhibited or displayed on or about City property, except signage required by law or this Agreement without prior written approval from City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law and except for losses caused by the sole or active negligence or willful misconduct of City personnel , Consultant agrees to indemnify, defend, and hold harmless the City, its City Council, boards and commiss ions, officers , officials, employees, agents , servants , volunteers and consultan!s (collectively, "Indemnitees "), as follows: a. Indemnity Obligations Subject to Civil Code Section 2782.8. With respect to the Services performed in connection with the Agreement, Consultant shall indemnify, defend , and hold harmless Indemnitees from and against any and all liability , claims, actions, causes of action , demands or charges whatsoever against any Indemnitee, including any injury to or death of any person or damage to property or other liability of any nature ( collectively, "Liability"), that arise out of, pertain to, or relate to the negligence , recklessness, or willful misconduct of Consultant, its officers, officials, employees, agents or Subconsultants. Such costs and expenses shall include reasonable attorney fees for legal counsel of City's choice, expert fees , and all other costs and fees of litigation. In addition to its indemnity obligations , Design Professional will provide its immediate and active cooperation and assistance to the City, at no additional cost to the City, in analyzing, defending, and resolving such Liability . b. Claims Involving Intellectual Property. Consultant shall indemnify, defend, and hold harmless Indemnitees from and against any claim involving intellectual property , infringement or violation of a United States patent right or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights , which arises out of, pertains to, or relates to Consultant's negligence, recklessness , or willful misconduct. Such costs and expenses will include reasonable attorney fees for legal counsel of City's choice, expert fees and all other costs and fees of litigation. c. Claims for Other Liability. For all other liabilities not included in provisions "b" and "c" above, Consultant shall indemnify, defend, and hold harmless the Indemnitees against any and all liability, claims, actions, causes of action or demands whatsoever, including any injury to or death of any person or damage to property, or other liability of any nature arising out of, pertaining to, or relating to the performance of this Agreement by Design Professional, its employees, officers, officials, agents or Subconsultants, including liability based on breach of contract, obligations, or warranties, or any unauthorized use or disclosure of City's confidential and proprietary information. 11.2 Consultant will assist City, at no additional cost, in the defense of any claim, dispute or lawsuit arising out of this Agreement. Consultant's duties herein are not limited to or subject to the Contract Price, to Workers ' Compensation claims, or to the Insurance or Bond limits and provisions. Nothing in this Agre ement shall be construed to give rise to an implied right of indemnity in favor of Consultant against any Indernnitee. 11.3 If this Agreement is entered into or amended on or after January I , 20 I 8, Consultant's duty to pay for any of Indemnitees ' defense related costs will be limited to its proportionate share of fault, as determined by final decision by a comt of compete nt jurisdiction, subject to any applicable exceptions in Civil Code section 2782.8. Proj ect On Call Plan Review Mas ter Des ign Professional Ag ree ment/ Rev. May. 201 8 Page 5 of JO 11.4 Consultant agrees to pay the reasonable costs City may incur in enforcing this provision related to Consultant's indemnification duties, including reasonable attorney fees , fees for legal counsel acceptable to City, expert fees , and all other costs and expenses related to a claim or counterclaim, a purchase order, another transaction, litigation, or dispute resolution . Without waiving any rights , City may deduct money from Consultant's payments to cover moneys due to City. Section 11 survives expiration or termination of this Agreement. 12. INSURANCE On or before the Contract Time commences, Consultant shall furnish City with proof of compliance with City Insurance Requirements, attached and incorporated here as Exhibit D. City will not execute the Agreement until it has approved receipt of satisfactory ce1tificates of insurance and endorsements evidencing the type , amount, class of operations covered, and the effective and expiration dates of coverage . Alternatively, City may terminate thi s Agreement or in its sole discretion purchase insurance at Consultant's expense and deduct costs from payments to Consultant. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Consultant shall comply with all local, state and federal laws and regulations applicable to this Agreement. Consultant will promptly notify City of changes in the law or other conditions that may affect the Project or Consultant 's ability to perform. Consultant is responsible for verifying the employment authorization of employees performing the Services , as required by the Immigration Reform and Control Act, or other federal or state law, rule or regulation. 13.2 Labor Laws. Consultant shall comply with all labor laws applicable to this Agreement. If the Services include a "public works" component, Consultant must comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. To the extent applicable, Consultant must comply with City's Labor Compliance Program, and with state labor laws pertaining to working days, overtime, payroll records and DIR Registration and Oversight. If the ContractPrice is $30,000 or more, Consultant must comply with the apprenticeship requirement in Labor Code Section 1777.5 . 13.3 Discrimination Laws. Consultant shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Consultant shall comply with all anti -discrimination laws , including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Consultant understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person is strictly prohibited . 13.4 Conflicts of Interest. Consultant shall comply with all conflict of interest laws and regulations applicable to this Agreement and must avoid any conflict of interest. Consultant warrants that no public official, employee, or member of a City board or commission who might hav e been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Consultant may be required to file a Project 011 Call Plan Review 1\,/aster Desig n Professiona l Agreement/ Rev. May. 2 01 8 Page 6 o f JO conflict of interest form if Consultant makes certain governmental decisions or serves in a staff capacity , as provided in Section 18700 of the California Code of Regulations and other laws. Services may only be performed by persons who are not employed by City and who do not have any contractual relationship with City, with the exception of this Agreement. Consultant agrees to abide by City policies and administrative rules prohibiting gifts to City officials and employees. 13.6 Remedies. A violation of this Section constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating this Agreement. City reserves all its rights and remedies under law and this Agreement, including the right to seek indemnification under Section 11. Consultant agrees to indemnify, defend, and hold City harmless from and against any loss, liability, and expenses arising from noncompliance with this Section . 14. PROJECT COORDINATION 14.1 City Project Manager. The City's Project Manager for all purposes under this Agreement will be Phuong Devries, Plan Check Engineer , who shall have the authority to manage this Agreement and oversee the progress and performance of the Services. City in its sole discretion may substitute another Project Manager at any time and will advise Consultant of the new representative. 14.2 Consultant Project Manager. Subject to City approval, the Consultant's Project Manager for all purposes under this Agreement will be Michael Loomis, Project Manager , who shall be the single representative for Consultant with the authority to manage compliance with this Agreement and oversee the progress and performance of the Services . This includes responsibility for coordinating and scheduling the Services in accordance with City instructions, service orders , and the Schedule of Performance, and providing regular updates to the City's Project Manager on the Project status, progress , and any delays . City written approval is required prior to Consultant substituting a new Project Manager, which shall result in no additional costs to City or Project delays. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project with thirty (30) calendar days' written notice to Consultant. Consultant will be compensated for satisfactory Services performed through the date of abandonment and will be given reasonable time to assemble the work and close out the Services. No close out work shall be conducted without City reasonable approval of closure costs, which may not exceed ten percent ( I 0%) of the total time expended to the date of abandonment. All charges including job closure costs will be paid in accordance with the provisions of this Agreement and within thi1ty (30) days of Consultant's final invoice reasonably approved by the City. 16. TERMINATION City may terminate this Agreement for cause or without cause at any time, following reasonable written notice to Consultant at least thirty (30) calendar days prior to the termination date . Consultant will be paid for satisfactory Services rendered through the date of te rmination, but final payment will not be made until Consultant closes out the Services and delivers all Work Product to City. All charges approved by City including job closure costs will be paid within 30 days of Consultant's final invoice. Proj ect On Ca fl Plan Review Ma s ter Desig n Pr ofessional Agreement/ Rev. May . 2 01 8 Page 7 o f 10 17. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California , excepting any choice of law rules which may direct the application of laws of another jurisdiction. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Consultant must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Consultant must continue to provide the Services pending resolution of the dispute. If the Paities elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18 . ATTORNEYFEES If City files a complaint or cross-complaint, or pursues arbitration , appeal, or other proceeding to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs . This attorney fee provision does not apply to legal actions initiated by Consultant or Subconsultant. This Section survives termination of this Agreement. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision . City's waiver of any breach shall not be deemed to constitute waiver of another term , provision, covenant or condition, or a subsequent breach , whether of the same or a different character. 21. ENTIRE AGREEMENT This Agreement and all its Sections represent the full and complete understanding of every kind or nature between the Patties, and supersedes any other agreements and understandings, either oral or written, between the Parties . Any modification of this Agreement will be effective only if in writing and signed by each Patty's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between the main Agreement and the attachments or exhibits thereto , the text of the main Agreement shall prevail. 22. INSERTED PROVISIONS Each contractual provision or clause that may be requ ired by law is deemed to be included and will be inferred in this Agreement. Either party may request an amendment to cure any mistaken insettion or omission of a required provision. 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. Proj ect On Call Plan Re view Master Desig n Professional Agree m ent/ R ev. May. 2 01 8 Pa ge 8 of lO 24. SEVERABILITY IP ARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other te rms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. 25. SURVIVAL All provisions which by their nature must continue after the Agreement ends, including without limitation those referenced in specific Sections herein, survive this Agreement and shall remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or ceiiified, or the next business day following electronic submission : To City of Cupertino I 0300 Torre Ave. Cupeiiino CA 95014 Attention:Phuong Devries Email: PhuongD@cupertino.org 27. VALIDITY OF CONTRACT To Consultant: CSG Consultants, Inc . 550 Pilgram Dr. Foster City, CA 94404 Attention: Michael Loomis Email: michaelloomis@csgengr.com This Agreement is valid and enforceable only if it complies with the contract provisions of Cupertino Municipal Code Chapters 3 .22 and 3.23, is signed by the City Manager or authorized designee, and is approved for form by the City Attorney's Office . 28. EXECUTION The person executing this Agreement on behalf of Consultant represents and warrants that Consultant has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Consultant. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which , taken together, constitute a single binding instrument. Project On Call Plan Review Master Desig n Profess ional Agreement/ Rev. May . 2 01 8 Pa ge 9 of 10 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed . CONSULTANT CSG Consultants, Inc. ::me ~f? Title President Date Of,-/ a. ff Tax J.D. No.: 91-2053749 ------- Project On Cafl Plan Review CITY OF CUPERTINO :YMz Ca;~ Name Aarti Shrivasta Title Assistant City Manager Date (16/lf//JQ -~-,+--+• -'-"""------ ATTEST: Q j ~GLt41:i GRACE scHMIDT Ir 2 1 ./ f City Clerk J\1'aster Design Professional Agreement/ Rev. May. 2018 Page JO of JO Transmittal Letter June 11, 2018 City of Cupertino Community Development 10300 Torre Avenue Cupertino, CA 95014 RE: Proposal for Plan Review Services Exhibit A CSG Consultants, Inc. (CSG) is pleased to present its proposal for plan review services the City of Cupertino (City). We understand the City is seeking a consulting firm(s) to provide as -needed building plan review services for the period July 1, 2018 to June 30, 2021, when demand exceeds City staff's capacity . CSG can readily provide these requested services . This contract will be for an annual not-to- exceed amount of $45,000. Our firm brings specialized expertise, proximity, highly experienced personnel, and an existi ng successful working relationship with the City. All CSG staff are registered and/or ICC certified, with additional qualifications including LEED, DSA, and CASp experience and certification. Our corporate office is in Foster City and our local office is in San Jose; we can be available for meetings at City offices when requested. Michael Loomis, SE, CBO, CASp, LEED AP, will serve as the primary contact and project manager for t his contract . Hi s contact information is as follows : Michael Loomis, SE, CBO, CASp, LEED AP, Project Manager phone (650) 522 -2518 I cell (650) 696-0654 michaelloomis@csgengr.com A proposed scope of work and our fees are provided on the following pages for the City's review . Please feel free to contact Mr. Loomis w ith any questions or comments you may have regarding our proposal or if you require additional information regarding CSG's capabilities and qualifications. We look forward to the opportunity to continue to provide plan review services to the City of Cupertino . Sincerely, , ~ Doug Rider, CBO Building Division Manager, CSG Consultants, Inc. 550 Pilgrim Drive, Foster City, CA 94404 Phone (650) 522-2500 I Fax (650) 522-2599 I www.csgengr.com " CSG C O NSULTANTS ' _, Ex hibit A lh is docume nt is formatted fot doubl e-sided print ing. Scope of Services APPROACH TO W OR I< Ex hibit A CI TY OF CUPERTli~O PLAM REV IEW SERV ICES CSG's proposed team has been identified to best support the City of Cupertino and will deliver the highest level of service through its application of technical expertise, knowledge of municipal processes and procedures, efficient and effective customer care, and application of code compliance combined with innovative solutions and helpful alternatives. Our extensive experience in furnishing comprehensive building and fire life safety services to jurisdictions provides a consistent, strong technical foundation to all projects. From cutting edge digital plan review and on line plan check status reporting to providing faster-than -scheduled turnaround times, CSG will deliver the highest quality services to the City. Our approach to work and associated key benefits include: J Concentrated focus on cost-saving approaches and methods. Because we serve numerous municipalities and public agencies, we are constantly improving and adapting to provide our clients with the most cost-effective services . J Customized, responsive services. We are skilled at assessing time commitments, developing an accurate work plan and applying dedicated, professional personnel. We can quickly fine-tune staffing levels to match or adjust to changes in plan review, inspection and front counter activity. We hand pick staff uniquely qualified and experienced to deliver the exact services requested . , A wealth of fully committed and qualified personnel. We maintain staff fully licensed and certified at the highest level of industry standards . To keep our personnel on the industry's leading edge, many serve as popular educational instructors and lecturers as well as sit on leading boards and committees for organizations developing and implementing important code r egulations. We also keep up with latest in procedures and use of products, e.g ., green building, accessibility, CASp certification requirements, NPDES, MRP, and more. J Rapid turnarounds and expedited services. With extensive experience in the digital plan review process combined with extensive code application experience, our staff excels at providing prompt turnarounds. We easily match and more often beat any required turnaround deadlines. J Leading-edge technology with cost-saving solutions. CSG delivers a suite of digital options for jurisdictions-speedy digital plan reviews including electronic versions of plan comments, an optional, easy-to-use online web application/portal for submittal, tracking and approval of digital plans; and available full scanning and archival services . , Environmentally friendly practices. Our corporate policy on sustainability supports a healthy environment, reduces our carbon footprint, and promotes environmental stewardship through environmentally preferable purchasing and other sustainability actions. Our digital plan review system encourages the bypass of paper use, and all possible documents at CSG are printed double-sided on recycled, post-consumer content paper. Ex hibit A BUILDING PLAN REVIE W Compliance Standards Our team of professionals is ready to assist in all aspects of plan review and to focus on the special needs and requirements of each of our clients. We pledge prompt turnaround times and offer comprehensive online status reports. Our plan reviewers carefully review all documents for compliance with building codes, fire codes, energy conservation standards, State accessibility regulations, and all local ordinances . We understand and will comply with the City's own requirements for plan review services. Our engineers and plan reviewers review plans for compliance CITY OF CUPERTINO P LAN REV IEW SERV ICES with all policy and model codes adopted by the State of California and local jurisdiction, including but not limited to: J California Building Code, Volumes 1 and 2 J California Residential Code J California Electrical Code J California Plumbing Code J California Mechanical Code J California Fire Code J National Fire Codes as published by the National Fire Protection Association {NFPA); as adopted and referenced by the State of California {California Code of Regulations, Title -19, Section 1.09} J State Historical Building Code J California Energy Code J California Green Building Code J NPDES/WQMP/SWPPP Compliance J Local adopted ordinances and amendments relative to building, fire and municipal codes, including project Conditions of Approval from other agency departments, divisions, regulating agencies, and jurisdictions CASp Review Services We understand California Bu i lding Departments are required to have CASp certified staff in place and available for technical questions and interpretations. Our CASp certified staff members are knowledgeable of state and federal accessibility laws and regulations and possess the expertise necessary to promote access to facilities for persons with disabilities. In accordance with current regulations, CSG can supply a CASp certified professional to review plans for accessibility and to facilitate compliance with regulations . OSHPD 3 Reviews ~-r '-r ,~., ::-..;.£ :~ 11~ .. Our staff of professional engineers and certified plans examiners is experienced with the differences between CBC and OSHPD 3 facilities and have successfully completed OSHPD 3 plan reviews for multiple client agencies. CSG can also provide certified OSHPD Inspectors of Record for a variety of different projects upon request . Exhibit A Green Bu il ding and LEED Cert ification CITY OF CUPER TI NO P LAN REVIEW SER VI CES Our Building Division staff is experienced in plan review and inspection for compliance with CALGreen, LEED equivalency, and local green building ordinances. In addition, CSG Consultants has all of the qualifications necessary to assist the City in both the development of policy and the implementation of green and sustainable building practices. CSG's Sustainability Programs division can assist, for example, with construction and demolition debris recycling programs as well as public outreach to the building industry. Digita l Plan Check CSG began the transition to digital plan re .view over 18 years ago, leading the consultant field with this ground-breaking service. All paper plans submitted to CSG are immediately scanned into digital files and stored on CSG's servers for quick and easy access by both our clients and our plan reviewers. Our plan reviewers furnish electronic versions of their plan comments conforming to each client's established correction list templates. ('.ny additional forms utilized by the City for alternative methods of construction and/or deviations from requirements, such as disabled access, will be incorporated into the correction comments and returned with the appropriate recommendations. Plan check comments can be delivered electronically by email or other City approved means, enabling City staff to immediately modify CSG's checklist for incorporation with other department comments. Upon request, clients can be provided with a set of digitally scanned plans at no cost, including convenient, "green" (paperless) storage of all construction -related documents . In addition, for jurisdictions requesting a pure digital plan review workflow, CSG has developed an on line application for an applicant to submit digital files directly to us, which includes a portal for the applicant/jurisdiction to retrieve comments and submitted digital files with marked up plans including redlines. This online portal tracks all submittals, including re -submittals until the plans have been approved . Key features of our digital plan review service include: J Efficient. Plans are pushed to plan review staff the same day they are submitted. There is no "bin time.,, J User -friendly. CSG developed its own web-based portal to manage the electronic file submittal process. By using a web interface, the applicant is no longer faced with size restrictions on email attachments or required to learn complex FTP settings. J Proven. We have provided a digital plan review option to our clients for over 12 years. J Non-Proprietary. CSG's electronic review process is 100% PDF-based with no additional software required to view redlines. J Extensible. Should the City decide to implement electronic review as a standard, CSG offers an integration path for our electronic review software-Green Vue Fusion . Online Plan Che ck Status CSG offers a convenient service allowing clients to check plan review status and comments on line. By logging in to our Plan Check Status website, staff as well as authorized applicants can view each project document and communicate with the plan checker via e-mail or electronic post-a-note. Staff or authorized applicants can download comments from the web upon completion of the plan check. There is no additional cost for this service. ~ CSG rr,,r "',."" CSG Plan Check System • Exhibit A Plans Pickup and Delivery CITY OF CUPERT INO P LAM R EVIEW S ER VI CES CSG will arrange for pickup and delivery of plans from/to City offices . The pickup and delivery of plans and other materials via CSG staff or an approved alternative service is provided at no additional cost. Plan Check Turnaround Times CSG works hard to provide the best quality and most timely service in the industry. We pride ourselves in maintaining the requested plan review times for all our clients-even delivering faster than our own deadlines. Our goal is to approve code-complying projects and to successfully and quickly move work through jurisdictional processes . CSG will ensure that all building and safety duties and follow-up actions will be performed in a timely and responsive manner. The following are CSG's proposed plan check turnaround times. Residential New Construction Residential Additions 5 Small Residential Remodels 10 5 Non-Residential/ Commercial New Construction* 10 5 Commercial Additions 10 5 Small Commercial Remodels/ Tenant Improvements 10 5 Large/Complex Commercial Projects* 10 5 *Turnaround time may vary with the complexity and magnitude of the project. If a review is anticipated to take longer than the maximum turnaround timing, CSG will notify the City's representative and negotiate additional time required to ensure an appropriate level of review. Expedited Plan Check CSG completes initial accelerated plan check within 5 working days. Rechecks are completed in less time. At your request, we can perform plan check services within an accelerated time frame; with fees negotiated between the City, and CSG. Quality Assurance/ Quality Control CSG's in-house quality assurance/quality control program utilizes a peer review process with multi-level internal plan checking and project management. A senior staff membe r will review all plan check comments in order to ensure relevance and accuracy. A VAI LA B I LIT Y A N D C U STO M ER SER VI CE One of CSG's key functions is to serve as an extension of the City of Cupertino . We clearly understand the importance of our role in the success of the City and commit to providing its citizens and business partners -residents, architects, eng i neers, developers, contractors-as well as City staff, the highest level of service . We believe effective communication and excellent customer service ar e essential to continuing a successful working relationship between the City, CSG , and the development community. Office Hours and Meeting Availability CSG staff plan checkers are availabl e for applicant inquiries or conferences anytime during regular busines s hours without ch arge via telephone, 8:00 AM to 5:00 PM, Monday through Friday. CSG inspe ctors can be ready to provide serv ices with 24 hours notice. We can easily alter our hours to meet Exhibit A CITY OF CUPERT I NO PLAN REV IEW SERV ICES the City 's needs . Evenings and weekends for special events and meetings can be accommodated with 48 hours notice. For your convenience, we can also meet w ith City staff, architects and applicants. We recognize the value of pre -design consultation with prospective applicants and are available to provide this service as well. Our Project Manager/Lead will be available in person for consultation and meetings with a reasonable lead time. Response to City Questions or Requests CSG staff can typically respond to the City fo r all questions or requests generated during field inspections or any plan review during the same day, but no later than the following day a request is received. Emergency Response CSG is well qualified to respond to a local or regional emergency. Many of our personnel, have assisted in emergencies such as the recent San Bruno gas explosion, the Northridge, and Loma Prieta earthquake as well as regional floods, fires and .other emergencies . Our personnel's certifications include those obtained through FEMA, Office of Emergency Services (OES), and IACET First Responder. CUPERT I NO Building Department CITY OF CUPERTINO 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3228 • FAX : (408) 777-3333 OUTSIDE AGENCY PLAN CHECKING FEES Date: Agency Name: Permit Number: Project Address: Initial City Plan Check Fees Collected: Agency Plan check based: 1st & 2nd plan checks included in initial plan check fee: Amount: .$._(Agency Fee-65% already calculated) Additional plan reviews/Revisions/Deferred Items (submittal#): Plan check lu·s : __ (2hrs . min.) Total amount: $ ____ ($125 per hr.) Requestor: Please attach this form with the number of hours spent on the additional plan checks and send with the plan check comments or if plans are approved, with the plans & approval letter. Please email the plan check comments to : JasmineA@cupertino .org abigaila@cupertino .org kimd@cupertino.org *Please do not give plan check comments directly to the customer. We don't give out the comments until w e have all of them back from each department. Exhibit C Compensation CSG's cost schedule fo r proposed work is prov ided i n the t able below. CSG w i ll coordinate the pickup and return of all plans to CSG via staff or a licensed courier service . This service is provided at no additional cost. CSG will be compensated for services performed pursuant to this Agreement in a total not-to-exceed amount of $45,000 per year without prior w r itten approval from City. Plan review based on a percentage of the City 's plan chec k f ee includes an initial plan review and one subsequent review, with a 2-hour minimum charge for the initial review . Additional rev iews, deferred submittals, revisions and RFls will be cha rged at the appropriate hourly rate below with a 2-hour minimum for the 3rd and any subsequent reviews, or as otherwis e determined by agreement with the City. RFls for larger developments will be performed at an hourly rate, and turnaround times will be agreed upon in advance with the City . ROLE/ SERVICE I PERCENTAGE-BASED FEE/ HOURLY RATE Complet e Plan Review 6 5%. of City's Building Plan Chec k Fee s Expedited Plan Rev i ew 95 % of City's Building Plan Check Fees Plan Review $125 Structural Plan Review/ Structu r al Eng i neer $150 Struct ur al Pla n Review/ Profess ional Engineer $125 CA Sp Cons u ltation/Review $135 Over ti me (Hourly) 1.5 x Hourly Rate All hourly rates include overh e ad costs including, but not limited to, salarie s, benef its, Workers Compensation In surance, and office e xpenses. Should the scope of work change or circum s tan ce s develop which necessitate spe cial handling, we will notify the City prio r to proce eding. On each anniversary of the contract start date, CSG will initia te an hourly rate in crease based on change in CPI for th e applic able region . CSG will mail a n invoice at the be ginning of every month for services rendere d during th e pre viou s month. Unle ss otherwise agreed, payment term s are 30-da ys from receipt of invoice. EXIDBITD Insurance Requirements Design Professionals & Consultants Contracts Consultant shall procure p1ior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and adve1tising injury with limits no less than $2,000,000 per occmTence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occmrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 01 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned , hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and prope1ty damage. 3. Workers' Compensation: As required by the State of California, with Statutory Limits and Employer's Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. D Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant's profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate . If w1itten on a claims mad e form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b . Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance sha ll be endorsed and have a ll the following conditions and provisions: Exh. D-Ins urance R equirem ent s .for D es ign Profess ionals & Consultants Contracts Form Updat ed F eb . 201 8 1 Additional Insured Status The City of Cupertino, its City Council, officers , officials, employees, agents, servants and volunteers ("Additional Insureds") are to be covered as additional insureds on Consultant's CGL policy. General Liability coverage can be provided in the form of an endorsement to Consultant's insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 fonns , if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant's insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein . Specifically, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must b e declared to and approved by the City. At City's option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/ Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations , claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City . Acceptability of Insurers Insurers must be licensed to do business in California with an A.M . Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements ( or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time duringthe Contract tem1. Subconsultants Consultant sha ll require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subco nsultant's insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the hi gher insurance limits maintained byConsultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience , insurer or other special circumstances, with not les s than ninety (90) days prior written notice. Exh. D -lns urance R eq uire m ents for D esign Professionals & Co ns ultants Contracts Forni Updated Feb. 2018 2 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 6/5/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME : Arthur J . Gallagher & Co . PHONE 415-536-8617 I FAX Insurance Brokers of CA, Inc. LIC #0726293 /Afr" LI,.. C.,6>\• IA/C Nol : 415-536-8627 E-MAIL 1255 Battery Street, Su ite 450 ADDRESS : San Francisco CA 94111 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : American Fire and Casualty Comoanv 24066 INSURED CSGCONS-01 INSURER B : Arch Insurance Company 11150 C SG Consultants, Inc. INSURER c: West American Insurance Company 44393 550 Pilgrim Drive Foster City, CA 94404 INSURER o : Berkshire Hathawa y Homestate Insurance Company 20044 I INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER· 49127236 REVIS ION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIC Y PERIOD INDICATED . NOTW ITH STANDING ANY REQUIREMENT , TERM OR CON DITION OF ANY CON TRA CT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI S CER TIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AN D CONDITIONS OF SUCH POLICIES . LI MITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA IMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE , .. c ... "'"" POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS C X COMMERCIAL GENERAL LIABILITY y y BKW(18)57695795 12/4/20 17 12/4/2018 EACH OCCURRENC E $1 ,000 ,000 ~ ~ CLAIMS-MADE 0 OCCUR DAMAGE TO RENT ED PREMISES /Ea occu rrence\ $500,000 ~ MED EXP (Any one person) S 5,000 ~ PERSONAL & ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2 ,000 ,000 =i D PRO-[8]Loc POLICY JECT PRODUCTS · COMP/OP AGG $2 ,000 ,000 OTHER: s A AUTOMOBILE LIABILITY y BAA(18 )57695795 12/4/2017 12/4/2018 COMB INED SINGLE LIMIT S 1,000,000 /Ea accident) - X ANY AUTO BODILY INJURY (Per person) $ --OWNED SCHEDULED AUTOS ONLY AUTOS BODILY IN JURY (Per accident) $ >--HIRED -NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY /Per accident) $ >--~ s A X UMBRELLA LIAB M OCCUR y y US A(18)57695795 12/4/2017 12/4/2018 EACH OCCURRENCE $5 ,000 ,000 - EXCESS LIAB CLA IM S-MADE AGGR EGATE $5 ,000 ,000 DED I X I RETEN TI ONS n $ D WORKERS COMPENSATION y CSWC821833 12/4/2017 12/4/2018 X I ~ffTuTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANYPROPR IET OR/PAR TNER/E XECUT IVE ~ E.L. EACH ACC IDENT $1 ,000 ,000 OFF ICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE· EA EMP LO YEE $1,000,000 If yes , describe under DESCRIPTI ON OF OPERATI ONS below E.L. DISEASE· POLICY LI MIT $1 ,000 ,000 B Professional Liability y PM EP0008802 12/4/2017 12/4/2018 Each Claim $5,000 ,000 retro date : 1/1/1991 Aggregate $5,000 ,000 Deductible : $50 ,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101 , Additional Rem arks Schedule, may be attached if more space is requir ed) re : Design Professional Services Agreement (Master). The City of Cupertino , its City Co uncil , officers, officials , employees , agents , servants and volunteers a re inclu ded as additional insureds on GL on a Primary & No n-Contributory basis with Waiver of Subrogation and 30 Day Notice of Cancellation per attached . Waiver of Subrogation on Auto & WC and 30 Day Notice of Cancellation on A uto & Professiona l per attached. 30 Day Notice of Cancellation on WC is not ava ilable. Waiver of Subrogation on Profess iona l applies. CG2026 per attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIO NS. 10300 Torre Avene Cupertino CA 95014 AUTHORIZED REPRESENTATIVE USA ~,.b I © 1988-2015 ACORD CORPORATION. All rights reserved . ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy#: BKW(18)57695795 COMMERCIAL GENERAL LIABILfTY CG 8810 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This e ndo r sement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUBJECT NON--OWNED AIRCRAFT NON-OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY• ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B ADDITIONAL INSUREDS· BY CONTRACT, AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY-ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "UMlTS OF INSURANCE" WHO IS AN INSURED· INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED • FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES NEWLY FORMED OR AODITIONALL Y ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US • . WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insu rance CG 8810 0413 lncludos copyrighted material of Insurance Services Office, Jnc.. with its permission. 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 8 8 Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I· Coverage A~ Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is ava ilable to the insured other valid and collectible insurance, whether primary, excess {other than insurance written to app ly specifically in excess of this policy), contingent or on any other ba s is, that would also apply to the loss covered under this provision. 8. NON~OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I· Coverage A· Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exc l usion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge, C. PROPERTY DAMAGE LIABILITY· ELEVATORS 1. Under Paragraph 2. Exclusions of Section I -Coverage A· Bodily Injury And Property Damage Liabil· ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provisi on, elevators do not include vehicle l ifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV· Commercial General Liability Conditions. Condition 4. Other Insurance, Pa ragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. 0. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2 . Exclusions of Section 1-Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow· ing: Paragraphs {1), (3) and (4) of this exclusion do not apply to "property damage" {other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises re nted to you for a period of 7 or fewer consecutive days; or {ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1}, (3) and (4) of th is exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of i nsurance applies to this coverage as described in Section Ill -limits of Insurance. © 2013 Liberty Mutuol Insurance CG 8810 0413 Includes copyr ighted material of Insurance Services Office. Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage f rom automatic fire protection systems to premises while rented to you or tempo rarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section 111-Limits Of Insurance. 2. Parag raph 6. under Section 111 • Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or lea kage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage)~ Paragraph 9.a. of Definitions is replaced with the following: 9.a . A contract for a lease of premises . However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENS ION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section 1-Coverage C • Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS· COVERAGES A AND B 1. Under Supplementary Payments· Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law v i olations arising out of the use of any vehicle to which the Bodily Injury liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following; d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II -Who Is An Insured is amended to include as an Insured any person or organization whom you have agreed to add as an additional Insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodity injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional Insured that are the subject of the written contract or written agreement provided that the "bod ily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the sign ing of such written contract or written agreement; or CG 8810 0413 © 2013 Liberty Mutual lnsur!lnce Includes copyrighted materia l of Insurance Serv ices Office. Inc., with its perm is sion . Page 3 of 8 b. Premises or facil i ties rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or politica l subdivision has i ssued a perm it subject to the following additional provisions; (1) This insurance does not apply to "bodily injury", "property damage", or "personaf and ad- vertising injury" arising out of the operations performed for the state or pol iticar subdivisi o n; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance appl ies to premises you own, rent, or contror but only with respect to the following hazards: (a} The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or {c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additiona l 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 insur- ance 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. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when ; f1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs} to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage a rises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Witll respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or wntten agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any ''occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equ i pment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreeme:tt is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the addit ional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liabilitv Condi· tions. © 1013 Liberty Mutual Insurance CG 8810 0413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I R Coverage A · Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodll y injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodi l y injury", "property damage" or "personal and advertising injury'' arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying servi ces, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion appl ies even if t he claims against any insured allege negligence or other wrongdoing in the supervis ion, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage''. or the offense which caused the "pe rsonal and advertising Injury", involved the rendering of, or the failure to render, any professional architectural, eng i neering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED ·OWNERS, LESSEES OR CONTRACTORS endorsement ls- sued by us and made a part of this policy. 3. With respe<:t to the Insurance afforded to these additional insureds, the following is added to Section Ill • Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as fo ll ows : a. The following is added to Paragraph a. Primary Insurance: If an additional i nsured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additionaf insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 liberty Mutual l11surance CG 8810 0413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional Insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured underthis endorsement will as soon as practicable; a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insu re d has for a loss we cover under th is Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section Ill • Limits of Insurance of this policy, whichever are less . These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION • MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the folfowing: (1) "Bodily injury" or "personal and advertising injury "; (a) To you, to your partners or members (if you are a partnership or joint venture), to your members {if you are a limited liability company), to a co-"employee" white in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent. brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there .is any obligation to share damages with or repay someone efse who must pay damages because of the injury described in Paragraphs (1) (a) or {b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices i s not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who i s acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberw Mutual Insurance CG 8810 0413 lnr-h1rlp~ ('OnvrtohtPrl m~tPriAI nf ln~Hr~r'lf"~ ~PrViNJ.~ nffip~ 1,..,,.. H\lith itc-narmic-'-"inn P:onA R nf A advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance availab le to your "employee". K. NEWLY FORMED OR ADDITIONALL V ACQUIRED ENTITIES Paragraph 3. of Section II• Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority Interest, wlll qualify as a Named Insured If there Is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury'' ar ising out o1 an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past pannership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or Qualifies as an Insured under this provision. L. FAILURE TO DISCLOS~ HAZARDS ANO PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUfT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who Is An Insured or a person wl)o has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. 0. BODILY INJURY REDEFINED Under Section V-Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease susta i ned by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick· ness or disease. © 2013 Liberty Mutual Insurance CG 8810 0413 Includes copyrighted material of Insurance Services Office. Inc .. with its perm ission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury " or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily Injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 0. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV · Commercial General Liability Conditions. the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization 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 incluc!ed in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013 Lib erw Mu11J~I :nsurance CG 8810 0413 Includes copyrighted material of Insurance Services Officf:J. Inc ., with its permission. Page 8 of 8 0 Policy#: BKW(18)57695795 COMMERCIAL GENERAL LIABILITY CG 89 70 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CANCELLATION PROVISIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replac- ing such Conditions is amended by the following : If you have agreed in a written contract or written agreement to provide a person or organization notice of cancellation we agree to the following: Provide 30 days prior written cancellation notice to such person or organization for reasons other than nonpayment of premium, but only if we are provided with a schedule of persons or organizations with whom you have agreed to provide notification more than 30 days before the cancellation is to take effect. For purposes of this endorsement, knowledge of the agent as to the persons or organizations requesting notice of cancellation is insufficient to invoke our duty to provide notice of cancellation unless the identity of the persons or organizations is provided directly to us in accordance with the terms of this endorsement. Failure to provide notice to a person or organization in accordance with the terms of this endorsement shall not extend the effective date of the cancellation or otherwise affect cancellation of the policy as to any insured . © 2013 Liberty Mutual Insurance CG 89 70 04 13 Includes copyrighted material of Insurance Services Office , Inc ., with its permission . Page 1 of 1 Policy# BAA(18)57695795 COMMERCIAL AUTO CA8810 0113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies in surance provided under the fo l low i ng: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX S UBJECT ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERM IT ACCIDENTAL AIRBAG DEPLOYMENT AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS AMENDED FELLOW EMPLOYEE EXCLUSION AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE BROAD FORM INSURED BODILY INJURY REDEFINED EMPLOYEES AS INSUREDS (including employee hired auto) EXTENDED CANCELLATI ON CONDITION EXTRA EXPENSE -BROADENED COVERAGE GLASS REPAIR -WAIVER OF DEDUCTIBLE HIRED AUTO PHYS ICAL DAMAGE (including employee hired auto and loss of use) HIRED AUTO COVERAGE TERRITORY LOAN / LEASE GAP PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) PERSONAL EFFECTS COVERAGE PHYS ICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE RENTAL REIMBURSEMENT SUP PLEMENTARY PAYMENTS TOWING AND LABOR TWO OR MORE DEDUCT IB LE S UNINTENTIONAL FAILURE TO DISC LOSE HAZARDS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION II -LIABILITY COVERAGE is amended as fo l lo ws: 1. BROAD FORM INSURED PROVISION NUMBER 3 12 19 5 13 1 22 2 23 10 15 6 20 14 16 11 8 9 4 7 17 18 20 SECTION II -LIABI LITY COVERAGE, paragraph A.1 . -WHO IS AN INSURED is amended to include the following as an insured : CA 88 10 0113 d. Any leg ally incorporated entity of wh ich you own more than 50 percent of the voting stock during the pol icy period. However, "insured " does not inclu de any organization that (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy . Paragraph d. (2) of this provision does not apply to a policy written to app ly specifically in excess of this pol icy. e. Any organization you newly acquire or form , other than a partnership or Joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation . However, coverage under this p r ovision does not apply: (1) If there is similar insurance or a self-i nsured retention plan available to that organization ; © 2013 Liberty MulLial Insurance Includes. copyrighted material of Ins urance SeNices Office , Inc .. with its permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted ; or (3) To "bodily injury'' or "property damage" that occurred before you acquired or formed the organization . 2. EMPLOYEES AS INSUREDS SECTION II -LI ABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured : f. Any "employee" of yours while using a covered "auto" you do not own , hire or borrow, but only for acts w ithin the scope of their employment by you . Insurance provided by this endorsement is excess ove r any other insurance available to any ''employee''. g An ''emp loyee " of yours while ope rating an "auto'' hired or borrowed under a written contract or agreement in that "employee 's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee ". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II -LIAB ILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured : h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract , agreement, or permit issued to you by governmenta l o r public authority, to add suet, person, or organization , or governmental or public authority to this policy as an "insured ". However , such person or organization is an ,;insured ": ( 1) Only with respect to the operation , maintenance or use of a covered "auto''; (2) Only for ''bodily injury" or "property damage " caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you ; and (3) Only for the duration of that contract , agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II -LIABILITY COVERAGE, Coverage Extensions, 2.a . Supplementary Payments, paragraphs (2) and (4) are rep laced by tt1e following : (2} Up to $3,000 for cost of bail bonds (includ ing bonds for related traffic violat ions) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actua l loss of earnings up to $500 a day because of time off from work . S. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisd ict ions where, by law, fellow emp loyees are not entitled to the protection afforded lo the emp loye r by the workers compensation exclusivity rule, or similar protection, the following provision is added : SECTION II -LIABILITY, exclusion B .5 . FELLOW EMPLOYEE does not app ly if the "bodily injury " results from the use of a covered "auto" you own or hire . SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended as follows : 6. HIRED AUTO PHYSICAL DAMAGE CA 88 10 0113 Paragraph A .4 . Coverage Extensions of SECT ION Ill -PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage , and if Comprehens ive , Specified Causes of Loss or Collision coverage are provided under the Bus iness Auto Coverage Form for any "auto" you own , then the Phys ical Damage coverages provided are extended to "autos ": a . You hire , rent or borrow ; or © 2013 Liberty Mutual Insurance In cl udes copyrighted material of Insurance Servi ces Office. Inc., with its permission . Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement i n that "e mployee's" name, but only if the damage occurs while the vehic le is being used in the conduct of your bus iness, subject to the following limit and deductible: A. The most we will pay for "l oss" in any one "accident'' or "l oss" is the smallest of: (1) $50,000;or (2) The actual cash value of the damaged or stolen prop erty as of the t ime of the "loss"; or (3) The cost of repairing or replac ing the damaged or stolen property wilh other property of like kind and quality, minus a deductible . B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage appl icable to any covered "auto" you own. D. Subject to a maxim um of $1 ,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to : (1) Any "auto" that is hired , ren ted or borrowed with a driver; or (2) Any "auto" that is hired , rented or borrowed from your "employee''. For the purposes of this provision, SECTION V -DEFINITIONS is amended by adding the following : "Total loss " means a ''loss" in which the cost of repairs plus the salvage value exceeds the actual cash value . 7. TOWING AND LABOR SECTION Ill -PHYSICAL DAMAGE COVERAGE, paragraph A.2 . Towing , is amended by the addition of the following : We will pay towing and labor costs incurred, up to the limits shown be low, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled : a. For p r ivate passenger type vehicles , we will pay up to $50 per disablement. b. F or "light trucks ", we will pay up to $50 per disablement "Light trucks" are trucks that have a gross vehicle we ight (GVW) of 10,000 pounds or less. c. For "medium trucks ", we will pay up to $150 per disablement. "Mediu m trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20 ,000 pounds. However, the labor must be performed at the p lace of disablement. 8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE CA 8810 0113 Paragraph A.4 .a., Coverage Extension of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended to provide a li mit of $50 per day and a maximum limit of $1 ,500 @ 20 13 L iberty Mutual Insurance Inclu des copyrighted material of In surance Services Office. Inc., with its permission. Page 3 of 7 9. RENT AL REIMBURSEMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE , A . COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto " because of "accident" or "loss", to an "auto" for which we also pay a "loss '' under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours fo ll owing the "accident" or "loss " to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle , wh ich in many cases may be substantially less than S75 per day , and will only be allowed for the period of time it should take to repa ir or replace the vehicle with reasonable speed and similar quality , up to a maximum of 30 days. c. We wil l also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If uloss" resu lts from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses wh ich is not already provided under Paragraph 4. Coverage Extension . f. No deductible applies to this coverage . For the purposes of this endorsement provision, materials and equipment do not include "personal effects " as defined in provision 11 . 10. EXTRA EXPENSE· BROADENED COVERAGE Under SECTION Ill -PHYSICAL DAMAGE COVERAGE , A COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The max imum amount we will pay is $1 ,000 . 11. PERSONAL EFFECTS COVERAGE A SECTION Ill -PHYSICAL DAMAGE COVERAGE, A COVERAGE, is amended by adding the followi ng: If you have purchased Comprehensive Coverage on this policy for an "auto " you own and that "auto" is stolen , we will pay, without application of a deductible, up to $600 for "personal effects" sto len with the "auto ." The insurance provided under this provision is excess over any other collectible insurance . B. SECTION V -DEFINITIONS is amended by adding the following : For the purposes of this provision, "persona l effects" mean tangible property that is worn or carried by an insured." "Personal effects '' does not include too ls, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE , B. EXCLUSIONS is amended by adding the following : If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechan ical breakdown does not apply to the acc idental discharge of an airbag Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible app li cable to the other coverage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE CA 88 10 0113 SECTION Ill -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS , exception paragraph a. to exclusions 4 .c . and 4.d. is deleted and replaced with the following : © 2013 Liberty Mutual Insurance Includes copyrighted material of In s ura nce Se 1vices Office , Inc ., wilt1 its permission . Page 4 of 7 Exclusion 4 .c. and 4.d . do not apply to: a. Electronic equipment that receives or transmits audio , visual or data signals, whether or not designed so lely for the reproduction of sound, if the equipment is permanently insta lled in the covered "auto" at the time of the "lo ss " and such equipment is designed to be solely operated by use of the power from the "auto 's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto "; or If the "loss" occurs solely to audio , visual or data electronic equipment or accessories used with this equipment , tt1en our obligation to pay for, repai r, return or replace damaged or sto len property will be reduced by a $100 deductible. 14. LOAN / LEASE GAP COVERAGE CA 88 10 0113 A . Paragraph C ., LIMIT OF INSURANCE of SECT ION Ill -PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one ''accident" is the greater of the: 1. Balance due under the terms of the loan or lease to wh ich the damaged covered "auto " is subject at the time of the "loss " less the amount of: a . Overdue payments and financial penalties associated with those payments as of the date of the ''loss", b Financial penalt ies imposed under a lease due to high mileage, excessive use o r abnormal wear and tear , c . Costs for extended warranties, Credit Life Insurance , Health , Accident or Disability Insurance purchased with the loan or lease, d . Transfer or rollover balances from previous loans or leases , e. Fina l payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total Joss " of a covered "auto ", g . Security deposits no t refunded by a lessor, h. All refunds payable or paid to you as a result of the early tennination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto ", i. Any amount represen ting taxes , j. Loan or lease termination fees; or 2 . The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss ". This adjustment is not applicable in Texas . B. ADD ITIONAL CONDITIONS T his coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as col lateral , or lease written on the covered "auto" that incurred the loss . C . SECTION V -DEFlNTIONS is changed by adding the following : As used i n this endorsement prov is ion, the following definitions apply: ''Total loss" means a "loss" in which t he cost of repairs plus the salvage value exceeds the actual cash value. A "bal loon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan , thereby requiring a large fina l payment. © 2013 Liberty Mutual Insurance Incl udes copyrighted materi al o f Insurance Se rvi c es Offi ce . Inc .. with its perm ission . Page 5 of 7 15. GLASS REPAIR· WAIVER OF OEOUCTIBL.E Paragraph D. Deductible of SECTION Ill -PHYS ICAL DAMAGE COVERAGE is amended by the addition of the following : · No deductibl e applies to glass damage if U1e glass is repaired rather U1an replaced. 16. PARKED AUTO COLLISION COVERAGE {WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECT ION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following : The deductib le does not apply to "loss" caused by collision to such covered "auto " of the private passenger type or li ght weight truck with a gross veh icle weight of 10,000 l bs. or less as defined by the manufacturer as maximum loade d weigh t the "a uto " is designed to carry while it is a. In the charge of an "insured "; b. Legal ly parked; and c. Unoccupied . The "l oss " must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto " must exceed the deduct ib le shown in the Declarations . This provision does not apply to any "loss " if the covered "auto " is in the charge of any person or organization engaged i n the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION Ill PHYSICAL DAMAGE COVERAGE, if two or more company polic ies or coverage forms apply to the same accident , the following appl i es to paragraph D. Deductible a. If the app licable Business Auto deductible is the smaller {or smallest) deductible it will be waived ; or b. If the applicable Bus iness Auto deductib le is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) ded uctible ; or c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived . For the purpose of this endorsement company means any company that is pa rt of the Liberty Mutual Group. SECTION IV-BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following : If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal dale of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced . However, you must report the undisc losed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS CA 88 10 0113 SECTION IV -BUSINESS AUTO CONDIT IONS; paragraph A.2.a. is replaced in its ent irely by the following : a. In the event of "acci dent", claim, "suit" or "l oss ", you must promptly notify us when it is known to: 1. You, if you are an individual; 2 A partner, if you are a partnership ; 3_ Member, if you are a limited liability company; 4. An executive officer or the "emp loyee" designated by the Named Insured to give such notice, if you are a corporation . © 2013 L iberly Mul ual Insurance Incl udes. copyrighted material of In surance Services Office, Inc., with its permission_ Page 6 of 7 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss'' took place; (2) The "insu reds" name and address; and (3) The names and addresses of any inj ured persons and witnesses. 20 . WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV -BUSINESS AUTO CONDITIONS , paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following If the person or organization has waived those rights before an "accident" or "l oss ", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV -BUSINESS AUTO CONDITIONS, paragraph 8 .7., Policy Period, Coverage Territory , is amended by the addition of the following: f. For "autos" hired 30 days or less , the coverage territory is anywhere in the world, provided that the insured's responsibility to pay fo r damages is determined in a "su it", on the merits, in the United States , the territories and possessions of the United States of America , Puerto Rico or Canada or in a settlement we agree to. T his extension of cove rag e does not apply to an "auto" hired , leased, rented or borrowed with a driver . SECTION V -DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V -DEFINTIONS , definition C . is replaced by the following: "B odily injury" means physical injury, sickness o r disease sustained by a person , including mental anguish , mental inJury , shock, fright or death resulting from any of these at any time . COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION CA 8810 0113 COMMON POLICY CONDITIONS, paragraph A.-CANCELLATION cond ition applies except as follows : If we cancel for any reason other than nonpayment of premium, we will mail to the fi rst Named Insured written notice of cancell ation at least 60 days before the effective date of cancellation . This provision does not apply in those states which require more than 60 days prior notice of cancellation . © 201 3 Liberty Mutual Insurance Incl udes copyrighted material of Insurance Services Office , Inc., with its perm ission . Page 7 of 7 POLICY NUMBER: BAA(18)57695795 COMMERCIAL AUTO CA20 48 0299 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following : BUSI NESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion 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. Effective Date: 12/4/2017 Named Insured : CSG Consultants, Inc.; Preci sion lnspection -CSG SCHEDULE Nam.e of Person(s) or Organization(s) as required by written contract (If no entry appears above, information required to complete lhis endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "in sured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form CA20 48 0299 Copyright, Insurance Services Office , Inc ., 1998 Page 1 of 1 D Policy 'BAA(18)57695795 COMMERCIAL AUTO CA 88 66 0513 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED -NONCONTRIBUTING T his endorsement modifies insu rance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With resp ect 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 "i nsureds" under the Who Is An Insured Provision of the Coverage Form . This endorsement does not alter coverage provided in the Coverage Form . Schedu le Name of Person(s) or Organization(s): Any entity with respect to a covered "auto'' provid ed that you i:'.lnd such entity have agreed in a wri tten contract, agreement, or permit to add such entity as an "insured ''. Regarding Designated Contract or Project: NIA Each person or organization shown in the Schedule of this endorsement is an "insured" for Liab ility Coverage, but only to the extent that person or organ ization qual ifies as an "insured" under the Who Is An Insured Provision conta ined in Section II of the Coverage Form . The following is added to the Other Insurance Condition: If you have agreed in a writte n agreement that th is policy will be primary and without right of contribution from any insura nce in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bo di ly i njury" or "property damage", then this insu rance will be primary and we will not seek contribution from such insurance . © 2013 Liberty Mutua l Insurance . All rights reserved. CA88 66 OS 13 I ncludes copyrighted material of Insurance Services Office, Inc .. with its permission. Page 1 of 1 Policy# BAA(18)57695795 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CANCELLATION PROVISIONS This endorsement modifies insurance provided under the followi ng: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM GARAGE COVERAGE FORM With respect to coverage provided by this endorsement , the provisions of the policy apply un less modified by this endorsement Any term or provision of the Cancellation Conditions of the policy or any endorsement emending or replacing such Conditions is amended by the following : If you have agreed in a w ritten contract or written agreement to provide a person or organization notice of cancellation we agree to the following : a. Provide a 30 days prior written c.:ince l lation notice lo such persons or organ ization for reasons other than nonpayment of premium, but only if we are provided w ith a schedule of persons or organizalions with whom you have agreed to provide notification more than 30 days before the cancellation is to take effect As a conditio n of this endorsement, you must notify your agent of any written contract or agreement where you have ag reed to provide notice of cancellation , other than nonpayment of prem ium , to a specific person or organization. Failure to provide to a person or organization in accordance with the terms of this endorsement sha ll not extend the effective date of the cancellation or otherwise affect cancellation of the policy as to any insured . CA 88 76 0314 © 2013 Liberty Mutual Insurance . Al l rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc .. with Its permission . WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410B (Ed . 9-14) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this pol icy. 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 .) The addi ti onal premium for this endorsement shall be 2% of the total manual premium otherwise due on such remunerat i on. The minimum p remium for this endo rsement is $350 . This agreement shall not operate d irectly or indirectly to benefit anyone not named in the Schedule. BLANKET WAIVER Person/Organization Job Description All CA Operations SCHEDULE Blanket Waiver -Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Waiver Premium 2935.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12/1 /17 Policy No . CSWC821833 Insured CSG Consultants, Inc. Insurance Company Berkshire Hathaway Homestate Ins Co WC 99 0410B (Ed . 9-14) Endorsement No. Premium$ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION -CERTIFICATE HOLDERS (SPECIFIED DAYS) The person(s) or organization(s) li sted or described in the Schedule below have requested that they receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the Person(s) o r Organization(s) listed or described in the Schedule a copy of the written notice of cancellation that we sent to you. If possible. such copies of the notice will be mailed at least 30 days, except for cancellation for non-payment of premium which will be mai led 10 days, prior to the effective date of the cancellation, to the address or addresses of certificate holders as provided by your broker or agent. Schedule Person(s) or Organization(s) including maili ng address: All certifi cate holders where written notice of the cancellation of this policy is required by written contract, perm it or agreement with the Named Insured and whose names and addresses will be provided by the broker or agent listed in the Declarations Page of this policy for the purposes of complying with such request. Th is notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s) or organization(s) shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s} listed or descr ibed in the Schedule above to any benefit, rights or protection under this policy. Any provision of th is endorsement that is in conflict with a statute or ru le is hereby amended to conform to that statute or rule. All other terms and conditions of this policy remain uncha nged. Endorsement Number: 7 Policy Number: PAAEP 000880 2 Named Insured: CSG Consultants , Inc. This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date : December 4. 2016 00 ML0087 00 11 10 Page 1 of 1 POLICY NUMBER: BKW(18)57695795 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 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): The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers Information required to complete this Schedule, if not shown above , will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule , but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you . However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured . B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement , the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement ; or 2. Available under the applicable Limits of Insurance shown in the Declarations ; whichever is less . This endorsement shall not in crease the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office , Inc ., 2012 Page 1 of 1