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19-022 Carson Landscape Industries, for TurfPro ServicesCITY OF m SERVICES AGREEMENT ($5,000 OR LESS) CUPERTINO 1. Parties . This Agreement ("Agreement") is made and entered into as of February 21, 2019 ("Effective Date") by and between the City of Cupe11ino , a municipal corporation ("City") and Carson Landscape Industries -TurfPro Services ("Contractor"), a_C_o_1~·o_o_ra_t_io_n _______ _ 2. Services . Contractor agrees to provide the programs, classes or activities ("Services") set f011h in detail in the Scope of Services, attached and incorporated here as Exhibit A. 3. Time of Performance . This Agreement begins on the Effective Date and ends on April 21 , 2019 ("Contract Time"), unless te1minated earlier as provided herein. Contractor must deliver the Services in accordance with the Schedule of Performance included or attached to Exhibit A. Time is of the essence for the performance of all the Services. Contractor must have sufficient time , resources, and qualified staff to deliver the Services on time. 4. Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based upon actual costs but that will be capped so as not to exceed $----'-3_1----'-0----'-0-'---'.0'---'0------ ("Contract Price"), based upon the Scope of Services and the budget and rates included in Exhibit A . The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor 's actual costs exceed the capped amount. Upon City approval of written invoices, Contractor will be paid as follows: (ch eck on e; cross out oth ers): 0 A lump sum amount of$ 3100.00 which shall not exceed the Contract Price . D At the rate of$ per hour for a total not to exceed the Contract Price . D Based on the payment schedule included or attached to Exhibit A which shall not exceed the Contract Price . 5. Independent Contractor. Contractor is an independent contractor and not an employee, pai1ner, or joint venture of City . Contractor is solely responsible for the means and methods of perfmming the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, workers compensation or other benefits from the City . Contractor must have the skills and qualifications to perfo1m the Services in a competent and professional manner, and must be licensed, registered, and/or certified and have a City Business License . Contractor will supply all tools, materials and equipment required to perfmm the Services under this Agreement. 6. Assignment. This Agreement is not assignable. Contractor may not substitute another or transfer any rights or obligations under this Agreement without prior written approval of City. Only those persons whose names are included in Exhibit A may perform the Services . Project Radio s ign a l survey for irrigati o n controller co mmunication Services Agreement ($5 ,000)/Rev. May 22, 2018 Page 1 of 6 7. Indemnification. To the fullest extent allowed by law and except for losses caused by the sole and active negligence or willful misconduct of City personnel , Contractor shall indemnify , defend, and hold harmless City, its City Council , boards and commissions, officers , officials , employees, agents , servants , volunteers and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages , claims, actions , causes of action , demands , charges , losses, costs and expenses (including attorney fees , legal costs and expenses related to litigation and dispute resolution proceedings), of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations , representations or wairnnties ; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, prope11y damage , or economic loss resulting from the work or perfo1mance of Contractor or its subcontractors or sub-subcontractors; Contractor must pay any costs City may incur in enforcing this provision and must accept a tender of defense upon receiving notice from City. Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim a1ising out of this Agreement. 8. Insurance . Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B , and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor's compensation or terminating the Agreement. 9. Compliance with Laws. Contractor shall comply with all laws and regulations applicable to this Agreement, included without limitation the following laws: Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a "public works" component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws . D Sole Proprietor. If Contractor is a sole proprietorship/individual , it must sign the Affidavit of No Employees included in this Agreement. Discrimination Laws . Contractor shall not disc1iminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, maiital status, pregnancy, age, sex , gender, sexual 01ientation , gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Contractor 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, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee , or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated. Proj ec t Radio signal surve y for irrig ation controll er communication Services Agreement ($5 ,000)/Rev. May 22, 2018 Page 2 of 6 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have 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 . Contractor may be required to file a conflict of interest fo1m if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of the California Code of Regulations. Contractor agrees to abide by the City 's mies governing gifts to public officials and employees. 10. Abandonment. City may abandon or postpone the Project at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment. 11. Termination . City may te1minate this Agreement for cause or without cause at any time. City reserves the right to te1minate the Agreement and the remainder of the Services offered by Consultant without notice based upon Contractor 's cancellation of a Service (i .e ., program, class or activity) without giving advance notice or obtaining written approval from City. 12. Governing Law . This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Comt for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in com1. If a dispute arises , Contractor must continue to provide the Services pending resolution of the dispute. If the Patties elect arbitration, the arbitrator 's award must . be supp01ted by law and substantial evidence and include detailed written findings of law and fact. 13. Entire Agreement. This Agreement represents the full and complete understanding of every kind or nature between the Patties, and supersedes any other agreement or understanding, either oral or written, between the Patties. Any changes to 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. Each provision and clause required by law for this Agreement is deemed to be inserted and will be inferred herein. 14. Services Coordinator . The Patties designate the following persons as Services Coordinators for this Agreement. Contractor 's designation and any substitution are subject to City approval. For Contractor: Carson Landscape Industries Nick Shebert Name Manager Position nshebert@ carson 197 5 .com Contact For City: Ricardo Alverez Name Maintenance Lead Worker Position ricardoa@ cupertino.org Contact Project Radio sign al survey for irrig ation controller communication Services Agreement ($5 ,000)/Rev. May 22, 2018 Page 3 of 6 15. Contract Interpretation . There are no intend ed third patty beneficiaries of this Agreement. Neither acceptance of the Serv ices nor payment therefor shall constitute a waiver of any contract provision . City 's waiver of a breach shall not constitute waiver of another provision or breach .The headings in this Agreement are for convenience only. The Indemnification and Governing Law sections expressly survi ve this Agre ement. 16. Severability. If a te1m or provision of the Agreement or its application to a pa11icular situation is found by th e com1 to be void, invalid, illegal or unenforceable, such term/ provision shall remain in effect to the extent allowed by such rnling. All other te1ms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. 17. Notices . All notices , demands, requests and approvals must be sent to the persons below in writing , and will be considered effective on the date of personal delivery, upon confirmation of delivery by a reputable overnight delivery service , on the fifth calendar day after deposit thereof in the United States Mail , postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupe11ino : I 0 300 Torre Ave ., C upertin o, CA 9 5014 To Contractor: Carso n L and scape Indu stries 95 30 E ld er C ree k Road Sacram e nt o, CA 958 29-93 0 6 Attention: Ricard o Al ve re z Attention: N ick She be rt -------------- 0 r Jonathan Ferrante jonathanf(a),cupertino.org Email : ric ard oa@ cupertino .org Email : nshe bert @ ca rso n I 975.com ---""'-------------- 18. Validity of Contract. This Agreement is valid and enforceable only if (a) it complies with the contract provisions of Cupe11ino Municipal Code Sections 3.22 and 3 .23, (b) is signed by the City Manager or an auth01ized designee , and (c) is approved for fo1m by the City Attorney 's Office. 19. Execution . Contractor 's signatory warrants that he or she is auth01ized to execute the Agreement and to legally bind Contractor. This Agreement may be executed in counterpa11s, each one of which is deemed an original and all of which, taken together, constitute a single binding insttument. Proj e ct Radi o s ig na l s urve y for irri gati o n controll e r co mmun ica ti o n Services Agreement ($5,000)/Rev. May 22, 2018 Page 4 of 6 IN WITNESS WHEREOF, the Parties have caused the Agreement to be ex ecuted as of the Effective Date written above. CONTRACTOR A Corporation C,,,on Lm,6r ', / ~ / ~ ~~747~s~1 Name: Nick Shebert Title: Manager Tax ID. No.: _95_-3_4_29_6_7'--9 ___ _ APPROVED AS TO FORM: CI TY OF CUPERTINO A Municipal Corporat ion By. ~d ,& /,.,.~ Name: Roger Lee Title: Acting Director of Public Works -g By: 1~ V'v,, ~ :s HEATHER M. MINNER ] Cupertino City Attorney 0: 4- 0 ... ~ Q) ... 6 /:)l) .§ (.) <r: Project ATTEST: By.~~)jf GRACE SCHMIDT, City Clerk '5 -(2--( 7 Radio signal survey for irrigation controller communication Page 5 of 6 Services Agreement ($5,000)/Rev. May 22, 2018 Exhibit "A" ~~~!.ti Land sca pe In du stri es Technical Irrigation Services TURFPR.o Services TurfPro agrees to provide labor and materials to perfonn the following services for City of Cupertino Provide site visit to perfonn site survey: • Evaluate approx 43 cmTent inigation controllers in approx 43 locations and detennine best communications method for reliable communications between Server and Client Satellites • Goal is to have as few Cellular Communications as possible. • Provide recommendations for satellite consolidation to reduce hardware costs if possible • Perform 900 MHz Radio signal strength tests at each satellite location • Develop design for Server and Client Satellites and provide complete product list of components needed for a complete system. • Provide antenna specifications and placement recommendations as needed. • Provide written survey rep011 and site map with Goggle Earth interactive mapping. Total Labor & Materials: $ 3,100.00 TERMS: Final payment due upon completion of the work chosen. A financ e charge of 1.5% per month will be added to the unpaid balance after 30 days . In the event legal action is taken to collect o n a pas t du e account, the de btor agrees to pay all collection costs including interest, attorney 's fees and court costs. Any alteration or dev iati o n from the abo ve in vo lving extra cost of material or labo r will only b e executed upon written orders for same, and will become an extra charge over the sum men ti Id in this contract. All agreements must b e in writing. Our workers are fully covered by Worker's Compensation a nd our fim1 covered by liability insuran ce. NOTE: This proposal may be withdrawn by us if not accepted within 30 days. Vendor: TurfPro 9530 Elder Creek Road Sacramento, CA 95829-9306 Contractor's License #: 470283 Ph: 916-431-8873 * Fax: 916-431-8873 nshebert@ carson 197 5 .co m By: Nick Sh ebert Name: Nick Shebert Title : Manager Date: 2/20/2019 Client: City of Cupertino 10555 Mary Avenue Cupertino, CA 95014 By: Name: Title: Date: Page 1 of 1 \, / EXHIBIT B Insurance Requirements Services Agreement ($5,000 or less) Contractor shall procure and mainta in for the duration of the contract insurance a gainst clain1s for injuries to persons or damages to property which may arise from or in connection with the performance and results of the Services hereunder by the Contractor, his agents , representativ es , employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as : 1. Commercial General Liability (CGL): Insurance Services Office ("ISO") Form CG 00 01 covering CGL on an "occurrence" basis , including products and completed operations , contractual liability, property damage, bodily injury, and personal and advertising injury with limits no less th an $2,000,000 per occurrence. If a general aggregate limit applies, e ither the general aggregate limit shall apply separately to this Project (ISO CG 25 03 or 25 04) or it shall be twice the required occurrence limit. It shall be a requirement under this agreement 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 (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall b e "p1imary and non- contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO 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 fo1ih 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 Form Number CA 00 01 covering any auto (Code 1 ), or, if Contractor has no j owned autos , then hired autos (Code 8) and non-owned autos (Code 9), with limits no less than 3 . ..( $1,000,000 per accident for bodily injury and property damage. 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. (Not required if Co n tracto r provides w ritten verification it ha s no employees). 4 . Professional Liability. Insurance which includes coverage for professional acts , errors and omissions, with limits no less than $2 ,000,000 per occurrence or claim, $2,000 ,000 aggregate (if applicable). If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and higher insurance limits maintained by Contractor. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: J Additional Insured Status The City of Cupertino, its City Council, officers, officials , employees, agents, servants and volunteers are to be covered as additional insureds on the CGL policy with respect to liab ility arising out of the Services In s uran ce R equirements for Services Agreem ent ($5,000 o r less) Vers ion: July 201 8 1 J performed by or on behalf of Contractor including materials , parts , or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Fonn CG 20 10 11 85 or ifnot available, through the addition of both CG 20 10 , CG 20 26 , CG 20 33 , or CG 20 38; and CG 20 37 if a later edition is used . Primary Coverage For any claims related to this Contract, the Contractor 's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City , its officers , officials , employees and volunteers. Any insurance or self-insurance maintained by the City, its officers , officials , employees , or volunteers shall be excess of Contractor 's insurance and shall not contiibute 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 Contractor grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance . Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions City may approve self-insured retentions and require proofof Contractor's ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurers must be acceptable to City and licensed to do business in California, and each insurer must have an A.M. Best 's financial strength rating of "A" or better and a financial size rating of "VII" or better. Claims Made Policies (applicable only to professional liability) If any of the required policies provide coverage on a claims-made basis: 1. The Retroactive Date must be shown and must be before the Effective Date of the Contract. 2. Insurance must be maintained for at least five (5) years after completion of the Services. 3 . If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the Services. Verification of Coverage Contractor shall furnish the City with acceptable original 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 to City prior to commencing the Services. City retains the right to demand verification of compliance at any time during the Contract. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. Insurance coverage shall not limit Contractor's duties to indemnify, defend and hold City harmless . City reserves the right to modify these requirements based on the nature of the risk , prior experience, insurer, coverage or other special circumstances. In suran ce R equirements for Services Ag reement ($5,000 or less) Vers ion: July 2018 2 ACORD® CERTIFICATE OF LIABILI TY INSURANCE I DATE (MM/DD /YYYY ) ~ 2 /21/2019 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 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 ~~~i~cT Mic helle Robinson HUB International Insuranc e Services Inc . r.~.9NJ_ c _ .. 916-480-4158 I r.e~ Nol : 91 6 -99 3 -7258 License #0757776 ~iiMl~~ss : Michelle.Robinson@hubinternational.com 36 36 American River Drive , Suite 200 Sacramento CA 95 864 INSURERISl AFFORDING COVERAGE NAIC# INSURER A : The Travelers lndemnitv ComDanv of Conne c ticut 25682 INSURED FR ANCAR-06 INSURER B : Travelers Propertv Casualtv C omoanv of America 2 5674 Frank Carson Landscape & Maintenance Inc INSURER c : Oak River Insuranc e Company 3463 0 Carson Landscape Indust ries , Turf Pro & The Grove 9530 Elder Cre ek Road INSURER D : Sacramento CA 95829 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER· 1171300759 REVISION NUMBER· THIS IS TO C ERTI FY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIC Y PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY C ONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFIC ATE M A Y BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXC LUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDU C ED BY PAID CLAIMS . INSR ADDL SUBR POLICY EFF (~~h\%~1 LTR TYPE OF INSURANCE '"'~n I vwn POLIC Y NUMBER IMMIDD IYYYY l LIMITS A X COMMERCIAL GENERAL LIABILITY y y DT 22C03 L26 1370TCT1 8 V 101 1120 18 10/1/2019 " EACH OCC URR EN CE 1,.-'$1,000,000 f--0 CLA IMS -M ADE 0 OCCUR DAMAGE TO RENTED PR EMI SES !Ea occu rrence\ $500,000 MED EXP (Any one person) $5,000 ~ ~ PE RSO NAL & ADV INJURY $1 ,000 ,000 \ ~ GEN'L AGGREGATE LI MIT APP LIE S PER: GENE RAL AGG REGATE l l,-$2,000,000 Fl 0PRO-D LOC PRODU CTS -CO MP/O P AGG $2,000,000 POLI CY JE CT OTHE R: $ B AUTOMOBILE LIABILI TY DT8102L72 1196TI L 18 10/1/2018 10/1/2019 ,t/ COMBINED SIN GLE LIMIT K"1 000000 !Ea accidenll 1, ~ I X ANY AUT O BOD ILY IN JURY (Per person) $ ~ ALL OWNED ~ SC HEDULED I BODILY INJ URY (Per accident) $ ~ AUTOS f--AUTOS X X NON-OWNED PROPERT Y DAMAG E $ I HI RED AUTOS AUTOS !Per accident) ~ f-- / X CA0001 1001 y-·~- B UMBRELLA LIAB M OCCUR CUP3 L3682651826 10/1/20 18 10/1/2019 1/ EACH OCCURR EN CE V7 $ 5,000,00CJ'\ ~ I $ 5,000 ,000 j X EXCESS LIAB CLAI MS-MAD E AGGR EGATE OED I I RET ENTI ON $ \ $ / C WORKERS COMPENSATION y FRWC9 10305 V 1011/2018 10/1/2019 v X I ~f f TuTE I I OTH -ER AND EMPLOYERS' LIABILITY Y/N v' ANY PR OPR IE TOR/PARTNE R/EXECUT IVE ~ NIA E.L . EAC H ACC IDENT $1,000,000 OFFICER/M EMB ER EXC LUDED ? (Mandatory in NH) E.L . DIS EASE -EA EM PLOY EE $1,000 ,000 If yes, describe under DESCRI PTI ON OF OPERATI ONS below E.L. DIS EAS E -POLI CY LIMI T $1,000,000 B Au to Phys ica l Damage DT8102L721196TI L 18 10/1/20 18 10/1/2019 ,/ Compre hensive Ded . $1,000 Actu al Cash Va lue Collisio n Deduct ible $1,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101 , Addi ti onal Remarks Schedule, may be attac hed If more space ls required) RE: Medians and Right Of Ways Additi o nal Insu red : The C ity o f C upertino, its C ity C ounc il , officers, officials , employees, age nts, servants a nd volunteers as required by written contrac t. Forms: CGD2 11 0104 , CGD246 0805 , C GD3 1 6 111 1 , WC99 041 OB 0 9 14 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 PROVISIONS . Financ e Department 10300 Torre A v e . AUTHORIZED REPRESENTATIVE Cupertino CA 95014 ~~ I © 1988-2014 ACORD CORPORATION . All rights reserved . ACORD 25 (2014/01) T he ACORD name and logo are registered marks of ACORD POLICY NUMBER: D THIS ENDO :2 COMMERCIAL GENERAL LIABILITY 2C03L261370TCT18 ISSUE DATE : 10-01-18 SEMENT GES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project(s): EACH "PROJECT" FOR WHICH YOU HAVE AGREED , IN A WRITTEN CONTRACT WHICH IS IN EFFECT DURING THIS POLICY PERIOD , TO PROVIDE A SEPARATE GENERAL AGGREGATE LIMIT ; PROVIDED THAT , THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents un- der COVERAGE C (SECTION I), which can be attributed only to operations at a single desig- nated "project" shown in the Schedule above : 1. A separate Designated Project General Ag- gregate Limit applies to each designated "pro- ject", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations, unless separate Designated Project General Aggregate(s) are sched- uled above . 2 . The Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A., except damages because of "bodily injury" or "prop- erty damage" included in the "products- completed operations hazard", and for medi- cal expenses under COVERAGE C, regard- less of the number of: a. Insureds ; b. Claims made or "suits" brought ; or c. Persons or organizations making claims or bringing "suits". Designated Project General Aggregate(s): GENERAL AGGREGATE LIMIT SHOW ON THE DECLARTIONS . 3. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the Desig- nated Project General Aggregate Limit for that designated "project". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they re- duce any other Designated Project General Aggregate Limit for any other designated "project" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However , instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Ag- gregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents un- der COVERAGE C. (SECTION I), which cannot be attributed only to operations at a single desig- nated "project" shown in the Schedule above : CG D2 11 01 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2 COMMERCIAL GENERAL LIABILITY 1. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Ag- gregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Project General Aggregate Limit. C. Part 2. of SECTION Ill -LIMITS OF INSURANCE is deleted and replaced by the following : 2. The General Aggregate Limit is the most we will pay for the sum of : a. Damages under Coverage B; and b. Damages from "occurrences" under COVERAGE A (SECTION I) and for all medical expenses caused by accidents under COVERAGE C (SECTION I) which cannot be attributed only to operations at a single designated "project" shown in the SCHEDULE above. D. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Project General Aggregate Limit. E. For the purposes of this endorsement the Defini - tions Section is amended by the addition of the following definition : "Project" means an area away from premises owned by or rented to you at which you are per- forming operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" that includes premises involving the same or connecting lots, or premises whose con- nection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single "project". F. The provisions of SECTION Ill -LIMITS OF INSURANCE not otherwise modified by this en- dorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, The Travelers Indemnity Company, 2004 CG D2 11 01 04 POLICY NUMBE DT22C03L261370TCT18 COMMERCIAL GENERAL LIABILITY T HIS ENDORSEMENT CH ANGES THE POLICY. PLEASE READ IT CAREFULLY BLANK ET AD DIT IO NAL IN S URED (CONTRACTORS) This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED -(Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that , the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies . The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization . 2. The insurance provided to the additional insured by this endorsement is limited as follows : a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the l i mits of liability re - quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section Ill -Limits Of Insurance . b) The insurance provided to the additional in - sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to rende r, any professional arch itectural, engineering or sur- veying services , including: i. The preparing, approving, or failing to prepare or approve, maps , shop draw- ings, opinions, reports , surveys , field or- ders or change orders , or the preparing , approving , or failing to prepare or ap- prove , drawings and specifications ; and ii . Supervisory , inspection , architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to prov ide such coverage for that additional insured , and then the insurance prov ided to the additional insured applies on ly to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period , whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary , excess , contingent or on any other basis , that is available to the additional insured for a loss we cover under this endorsement. However , if the "written contract requiring insurance" specifically requires that this i nsurance apply on a primary basis or a primary and non-contributory basis , this insurance is primary to "other insurance " available to the additional insured which covers that person or organization as a named insured for such loss , and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in - surance", whether primary , excess , contingent or on any other basis , that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4 . As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim . To the extent possible, such notice should include : CG D2 46 08 05 © 2005 The St. Paul Travelers Companies, Inc . Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place ; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable . The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions . d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V . -DEFINITIONS : "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed : a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2005 The St. Paul Travelers Companies, Inc . CG D2 46 08 05 POLICY NUMB DT22C03L261370TCT18 COMMERCIAL GENERAL LIABILITY THIS ENDORS CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage . However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part , and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only . Limitations and exclusions may apply to these coverages . Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered . A. Aircraft Chartered With Pilot B. Damage To Premises Rented To You C. Increased Supplementary Payments D. Incidental Medical Malpractice E. Who Is An Insured -Newly Acquired Or Formed Organizations F. Who Is An Insured -Broadened Named Insured -Unnamed Subsidiaries G. Blanket Additional Insured -Owners, Managers Or Lessors Of Premises PROVISIONS A. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I -COVERAGES -COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with a pilot to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or prop- erty for a charge . B. DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the exceptions in Ex- clusion j., Damage To Property, in Para- graph 2. of SECTION I -COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted . 2. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I - COVERAGES -COVERAGE A. BODILY H. Blanket Additional Insured -Lessors Of Leased Equipment I. Blanket Additional Insured -States Or Political Subdivisions -Permits J. Knowledge And Notice Of Occurrence Or Offense K. Unintentional Omission L. Blanket Waiver Of Subrogation M. Amended Bodily Injury Definition N. Contractual Liability -Railroads INJURY AND PROPERTY DAMAGE LI- ABILITY: Exclusions c. and g. through n. do not apply to "premises damage". Exclusion f.(1)(a) does not apply to "premises damage" caused by : a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water; unless Exclusion f. of Section I -Coverage A -Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion -All Pollu- tion Injury Or Damage or Total Pollution Ex- clusion in its title. A separate limit of insurance applies to "premises damage" as described in Para- graph 6. of SECTION Ill -LIMITS OF IN- SURANCE . CG D3161111 © 2011 The Travelers Indemnity Company. All rights reserved . Page 1 of 6 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- TION Ill -LIMITS OF INSURANCE: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises . The Damage To Premises Rented To You Limit will apply to all "property damage" pro ximately caused by the same "occur- rence", whether such damage results from : fire ; explosion ; lightning ; smoke resulting from such fire , explosion , or lightning; or water ; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be : a . The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part ; or b. $300 ,000 if no amount is shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part. 4 . The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section : a. A contract for a lease of premises . How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for "premises damage" is not an "insured contract"; 5. The following is added to the DEFINITIONS Section : "Premises damage" means "property dam- age" to : a. Any premises while rented to you or tem- porarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you , if you rent such premises for a period of seven or fewer consecutive days. 6. The following replaces Paragraph 4.b.(1)(b) of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance fo r "premises damage"; or 7. Paragraph 4.b.(1)(c) of SECTION IV - COMMERCIAL GENERAL LIABILITY CON- DITIONS is deleted. C. INCREASED SUPPLEMENTARY PAYMENTS 1 . The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS -COVER- AGES A AND B of SECTION I -COVER- AGE: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds . 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS -COVER- AGES A AND B of SECTION I -COVER- AGES: 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 earn ings up to $500 a day because of time off from work . D. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section : "Occurrence" also means an act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person. 2. The following is added to Paragraph 2.a.(1) of SECTION II -WHO IS AN INSURED : Paragraph (1)(d) above does not apply to "bodily injury" arising out of providing or fail - ing to provide : (i) "Incidenta l medical services" by any of your "employees " who is a nurse practi- tioner , registered nurse , licensed practical nurse, nurse assistant , emergency medi- cal technician or paramedic; or (ii) Fi rst aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or vol- unteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan ser- vices" during their work hours for you will be deemed to be act ing within the scope of their employment by you or performing duties related to the conduct of your busi- ness . Page 2 of 6 © 2011 The Tra velers Indemnity Compan y. All rights reserved . CG D3 1611 11 3. The following is added to Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit , all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one per- son will be deemed to be one "occurrence". 4. The following exclusion is added to Para- graph 2., Exclusions , of SECTION I -COV- ERAGES -COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by , or with the knowledge or consent of, the insured . 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means : a. Medical, surgical , dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages ; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances . "Good Samaritan services" means any emer- gency medical services for which no compen- sation is demanded or received. 6. The following is added to Paragraph 4.b., Ex- cess Insurance , of SECTION IV -COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: The insurance is excess over any valid and collectible other insurance available to the in- sured, whether primary , excess, contingent or on any other basis, that is available to any of your "employees" or "volunteer workers" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices", first aid or "Good Samaritan services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II -Who Is An Insured. E. WHO IS AN INSURED -NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4. of SECTION II -WHO IS AN INSURED: COMMERCIAL GENERAL LIABILITY 4. Any organization you newly acquire or form , other than a partnership, joint venture or lim- ited liability company, of which you are the sole owner or in which you maintain the ma- jority ownership interest, will qualify as. a Named Insured if there is no other insurance which provides similar coverage to that or- ganization . However: a. Coverage under this provision is afforded only : (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period , when that date is later than 180 days after you acquire or form such organization , if you report such organization in writing to us within 180 days after you acquire or form it, and we agree in writing that it will con- tinue to be a Named Insured until the end of the policy period; 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 in- jury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. F. WHO IS AN INSURED -BROADENED NAMED INSURED -UNNAMED SUBSIDIARIES The following is added to SECTION II -WHO IS AN INSURED : Any of your subsidiaries , other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declara- tions is a Named Insured if you maintain an own- ership interest of more than 50% in such subsidi- ary on the first day of the policy period . No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal injury" or "advertising injury" caused by an of- fense committed after the date , if any , during the policy period, that you no longer maintain an ownership interest of more than 50% in such sub- sidiary . CG D3 16 1111 © 2011 The Travelers Indemnity Company. All rights reserved . Page 3 of 6 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED -OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement to in- clude as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement ; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you . The insurance provided to such premises owner, manager or lessor is subject to the following pro- visions: a. The limits of insurance provided to such premises owner, manager or lessor will be the minimum limits which you agreed to pro- vide in the written contract or agreement , or the limits shown on the Declarations, which- ever are less. b. The insurance provided to such premises owner, manager or lessor does not apply to: (1) Any "bodily injury" or "property damage" that occurs, or "personal injury" or "adver- tising injury" caused by an offense that is committed, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, lessor or manager. c. The insurance provided to such premises owner, manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, whether primary , excess , contingent or on any other basis , unless you have agreed in the written contract or agreement that this in- surance must be primary to , or non- contributory with , such other insurance, in which case this insurance will be primary to, and non-contributory with, such other insur- ance. H. BLANKET ADDITIONAL INSURED -LESSORS OF LEASED EQUIPMENT The following is added to SECTION II -WHO IS AN INSURED : Any person or organization that is an equipment lessor and that you have agreed in a written con- tract or agreement to include as an insured on this Coverage Part is an insured, but only with re- spect to liability for "bodily injury", "property dam- age", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs , or is "personal injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the minimum limits which you agreed to provide in the written contract or agreement, or the limits shown on the Declarations , whichever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an of- fense that is committed , after the equipment lease expires . c. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, whether primary, excess, contingent or on any other basis , unless you have agreed in the written contract or agreement that this insurance must be primary to, or non-contributory with , such other insurance, in which case this insurance will be primary to, and non-contributory with, such other in- surance. I. BLANKET ADDITIONAL INSURED -STATES OR POLITICAL SUBDIVISIONS -PERMITS The following is added to SECTION II -WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with operations performed by you or on your behalf and that you are required Page 4 of 6 © 2011 The Travelers Indemnity Company. All rights reserved. CG D3161111 by any ordinance , law or building code to include as an additional insured on this Coverage Part is an insured , but only with respect to liability for "bodily injury", "property damage", "personal in- jury" or "advertising injury" arising out of such op- erations . The insurance provided to such state or political subdivision does not apply to : a. Any "bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for that state or po- litical subdivision ; or b. Any "bodily injury" or "property damage" in- cluded in the "products-completed operations hazard". J. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit , of SECTION IV -COMMERCIAL GEN - ERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the in - surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section II -Who Is An Insured : (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known by you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your "executive offi- cers" or directors (if you are an organiza- tion other than a partnership , joint venture or limited liability company) or any "em- ployee" authorized by you to give notice of an "occurrence" or offense . (2) If you are a partnership , joint venture or limited liability company , and none of your partners, joint venture members or man- agers are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occur- rence" or offense is known by : (a) Any individual who is : (i) A partner or member of any part- nership or joint venture; COMMERCIAL GENERAL LIABILITY (ii) A manager of any limited liability company; or (iii) An executive officer or director of any other organization ; that is your partner, joint ventu re member or manager; or (b) Any "employee" authorized by such partnership , joint venture, limited li- ability company or other organization to give notice of an "occurrence" or offense . (3) Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your work- ers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- scribed in Paragraphs e. (1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply . However, if this Coverage Part includes an en- dorsement that prov ides limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge , release or es- cape of "pollutants" which contains a requirement that the discharge , release or escape of "pollut- ants" must be reported to us w ithin a specific number of days after its abrupt commencement , this Paragraph e. does not affect that require- ment. K. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations , of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any i nformation provided by you which we relied upon in issuing this policy will not preju- dice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations . L. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us , of SECTION IV -COMMERCIAL GENERAL LI - ABILITY CONDITIONS : CG D3161111 © 2011 The Tra ve lers Indemnity Compan y. All rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- ment to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza- tion, but only for payments we make because of: a. "Bodily injury" or "property damage" that oc- curs; or b. "Personal injury" or "advertising injury" caused by an offense that is committed; subsequent to the execution of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: 3 . "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright , disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. N. CONTRACTUAL LIABILITY -RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINI- TIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is de- leted . Page 6 of 6 © 2011 The Travelers Indemnity Company. All rights reserved . CG D3 16 1111 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 policy . We will not enforce our right against the person or organization named In the Schedule . (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2% of the total manual premium otherwise due on such remuneration. The minimum premium for this endorsement Is . · This agreement shall not operate directly 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 This endorsement changes the policy to which it is attached and is effective on the dale issued unless otherwise stated . (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/18 Policy No. FRWC910305 Endorsement No. Premium$ Insured Frank Carson Landscape & Maintenance Inc Carson Landscape Industries, TurfPro & The Grove Insurance Company Oak River Insurance Company WC 99 04108 (Ed. 9-14) Countersigned by ______________ _