Loading...
19-035 CSG Consultants, Inc., On Call Plan Review ServicesCITY OF m PROFESSIONAL/CONSULTING SERVICES AGREEMENT CUPERTINO 1.PARTIES This Agreement is made and entered into as of March 14 2019 ---�--------------("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and CSG Consultants, Inc. ("Contractor"), a corporation for on call plan review services 2.SERVICES Contractor agrees to provide the services and perform the tasks ("Services") set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on June 30 , 2019 ("Contract Time"), unless terminated earlier as provided herein. Contractor's Services shall begin on March 28, 2019 and shall be completed by J_u_n_e _3_0-'-, 2_0_1_9 _____ _ 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 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 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $ 40 000 ("Contract Price"), based upon the scope of services in Exhib�t A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. Project On Call Plan Review Page I of 8 Professional/Consulring Contracts /Version: May 22, 2018 5.INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker's compensation or other benefits from the City. 5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors 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 practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License. 5.4 Subcontractors. Only Contractor's employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Taxes. Contractor must pay income taxes on the money earned under this Agreement. Upon City's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Agreement. 6.PROPRIETARY /CONFIDENTIAL INFORMATION In performing this Agreement, Contractor 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. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7.OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document or other information or work, in any medium (collectively, "Work Product"), prepared by Contractor in connection with this Agreement will be the exclusive property of the City and shall not be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of U.S. Code, all Work Product arising out of this Agreement is considered "works for hire" and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City's written approval. Project On Call Plan Review Page 2 of 8 Professional/Consulting Contracts /Version: May 22, 2018 7.3 Patents and Licenses. Contractor 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 property if incorporated into the Services or Work Product of this Agreement. 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 Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a)The original Services for which Contractor was hired; (b)Completion of the original Services by others; (c)Subsequent additions to the original Services; and/or (d)Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8.RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor's performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four years from the date of City's final payment. 9.ASSIGNMENT Contractor 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 Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be umeasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10.PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City's contributions in making the project possible. The words "City of Cupertino" will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11.INDEMNIFICATION 11.1 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 Project On Call Plan Review Page 3 of 8 Professional/Consulting Contracts /Version: May 22, 2018 harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and consultants ("lndernnitees"), 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 warranties; (b)Negligent or willful acts or omissions committed during performance of the Services; ( c)Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d)Unauthorized use or disclosure of City's confidential and proprietary Information; (e)Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim, in accordance with California Public Contract Code Section 9201. At City's request, Contractor will assist City in the defense of a claim, dispute or lawsuit arising out of this Agreement. 11.3 Contractor's duties under this section are not limited to the Contract Price, workers' compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4. Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction. 12.INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, 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. 13.COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. Project On Call Plan Review Page 4 of 8 Professional/Consulting Contracts /Version: May 22, 2018 13.2 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. 13.3 Discrimination Laws. Contractor 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. 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 prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. 13.4 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 form 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 rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14.PROJECT COORDINATION City Project Manager. The City assigns Phuong Devries, Plan Check Engineer as the City's representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Micael Loomis, Project Mngr as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor's Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City's Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15.ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be Project On Call Plan Review Page 5 of 8 Professional/Consulling Contracts /Version: May 22, 2018 given reasonable time to assemble the work and close out the Services. With City's pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. 16.TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17.GOVERNING LAW, VENUE AND DISPUTE RESOLUTION 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 Court 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 court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18.ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 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 a breach shall not constitute waiver of another provision or breach. 21.ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party'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. Project On Call Plan Review Page 6 of 8 Professional/Consulting Contracts /Version: May 22, 2018 22.INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. 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. 24.SEVERABILITY/PARTIAL 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 terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25.SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law and Attorney Fees, shall survive the Agreement and 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 certified, or the next business day following electronic submission: To City of Cupertino 10300 Torre Ave., Cupertino CA 95014 Attention: Phuong Devries Email: phuongd@cupertino.org 27.VALIDITY OF CONTRACT To Contractor: CSG Consultants, Inc 550 Pligrim Dr Foster City, CA 94404 Attention: Michael Loomis Email: michaelloomis@csgengr.com This Agreement is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, as amended from time to time, (b)is signed by the City Manager or an authorized designee, and ( c) is approved for form by the City Attorney's Office. Project On Call Plan Review Page 7 of 8 Professional/Consulting Contracts /Version: May 22, 2018 28.EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor 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 Agree1nent, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterpaiis, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONTRACTOR Title PRESIC>Etd Date 03· lS·l 1 Tax ID. No.; Cft-ao537'f'l APPROVED AS TO FORM: �·� HEATHER M. MINNER Cupertino City Attomey ATTE �j_f � ? �'2--� -1 °)City Clerk Project On Call Plan Review CITY OF CUPERTINO A Municipal Corporation B� Name Benjamin Fu Title Intern Comm Dev Director Date "Zz(f,t (r7 Page 8 of 8 Professional/Consulting Contracts !Version: May 22, 2018 Transmittal Letter March 15, 2019 City of Cupertino Community Development 10300 Torre Avenue Cupertino, CA 95014 RE: Proposal for Plan Review Se rvices 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 March 28, 2019 to June 30, 2019, when demand exceeds City staff's capacity. CSG can readily provide these requested services. This contract will be for a not-to-exceed amount of $40,000. Our firm brings specialized expertise, proximity, highly experienced personnel, and an existing 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 this contract. His 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 with any questions or comments you may have re garding 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 CONSULTANTS � Scope of Services APPROACH TO WORK CITY OF CUPERTINO PLAN REVIEW SERVICES 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: I 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. I 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. I 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 regulations. We also keep up with latest in procedures and use of products, e.g., green building, accessibility, CASp certification requirements, NPDES, MRP, and more. I 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. I 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. I 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. BUILDING PLAN REVIEW 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 CuPrnTINO Pl.AN REVIEW SERVICES with all policy and model codes adopted by the State of California and local jurisdiction, including but not limited to: I California Building Code, Volumes 1 and 2 I California Residential Code I California Electrical Code I California Plumbing Code I California Mechanical Code I California Fire Code I 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} I State Historical Building Code I California Energy Code I California Green Building Code I NPDES/WQMP/SWPPP Compliance I 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 Building 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 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 Building and LEED Certification CITY OF (UPEIHINO PLAN REVIEW SERVICES 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. Digital Plan Check CSG began the transition to digital plan review 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 CS G'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. Any 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 online 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: I Efficient. Plans are pushed to plan review staff the same day they are submitted. There is no "bin time." I 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. I Proven. We have provided a digital plan review option to our clients for over 12 years. I Non-Proprietary. CSG's electronic review process is 100% PDF-based with no additional software required to view redlines. I 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 Check Status CSG offers a convenient service allowing clients to check plan review status and comments online. 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 Plan Check System • Exhibit A Plans Pickup and Delivery CITY OF (UPEHTINO Pt.AN REVIEW SERVICES 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. INITIAL REVIEW RE-CHECK TYPE OF REVIEW (BUSINESS DAYS) (BUSINESS DAYS) Residential New Construction 10 5 .......... ·---··---·--··-----·-····--·-··---.. ------------------------·-------------Residential Additions Small Residential Remodels Non-Residential / Commercial New Construction* Commercial Additions ··-·--··-··--····-·········------····· . ... ------------······· ... .. ········-·····-········-··---·-···· Small Commercial Remodels / Tenant Improvements Large/Complex Commercial Projects* 10 5 10 5 l �� � �� ·---·--+----·-···-.. ·-···---·--------· ·-······ .... ...... -··-···· 5 5 •••••••••••••••••-••••--·••o•-••HH••••••• 5 ······-········+······-··············-···· ········-·····-·······---·-··-·-·--·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 member will review all plan check comments in order to ensure relevance and accuracy. AVAILABILITY AND CUSTOMER SERVICE 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, engineers, developers, contractors-as well as City staff, the highest level of service. We believe effective communication and excellent customer service are 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 available for applicant inquiries or conferences anytime during regular business hours without charge via telephone, 8:00 AM to 5:00 PM, Monday through Friday. CSG inspectors can be ready to provide services with 24 hours notice. We can easily alter our hours to meet CITY OF CUPERTINO PLAN REVIEW SERVICES 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 with 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 for 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. CUPERTINO Exhibit B 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: i_(Agency Fee-65% already calculated) Additional plan reviews/Revisions/Deferred Items (submittal#): Plan check hrs: __ (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(�u.cupertino.org kimd@cupertino.org *Please do not give plan check comments directly to the customer. We don't give out the comments until we have all of them back from each department. Exhibit C CITY OF CUPERTINO PLAN REVIEW SERVICES Fee Schedule CSG's cost schedule for proposed work is provided in the table below. CSG will 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 understands that the contract term will be from March 28, 2019 to June 30, 2019 with a not to exceed amount of $40,000. Plan review based on a percentage of the City's plan check fee includes an initial plan review and one subsequent review, with a 2-hour minimum charge for the initial review. Additional reviews, deferred submittals, revisions and RFls will be charged at the appropriate hourly rate below with a 2-hour minimum for the 3rd and any subsequent reviews, or as otherwise 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 Complete Plan Review 65% of City's Building Plan Check Fees Expedited Plan Review 95% of City's Building Plan Check Fees Plan Review $125 Structural Plan Review/ Structural Engineer $150 ····-····--····-······--·-··-·-··-----···-······-----·------·-·····---············-··-·······-··---------··-····--·-·· Structural Plan Review/ Professional Engineer $125 CASp Consultation/Review $135 Overtime (Hourly) I 1.5 x Hourly Rate All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, and office expenses. Should the scope of work change or circumstances develop which necessitate special handling, we will notify the City prior to proceeding. On July 1 of each year, CSG will initiate an hourly rate increase based on the annual percentage change in CPI-U for the applicable region. CSG will mail an invoice at the beginning of every month for services rendered during the previous month. Unless otherwise agreed, payment terms are 30-days from receipt of invoice. I ! EXHIBITD Insurance Requirements Design Professionals & Consultants Contracts Consultant shall procure prior 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 advertising injury with limits no less than $2,000,000 per occurrence (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 occurrence 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 property 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. 0 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 written on a claims made 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 shall be endorsed and have all the following conditions and provisions: Exh. D-lnsurance Requirements for Design Professionals & Consultants Contracts Form Updated Feb. 2018 1 2 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) � 12/4/2018 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 CO NTACT NAME: Arthur J. Gallagher & Co. iA�g NJo Ext\· 415-536-8617 I FAX Insurance Brokers of CA, Inc. UC #0726293 IA/C Nol: 415-536-8627 1255 Battery Street, Suite 450 !il��ss: certrequests@ajg.comSan Francisco CA 94111 INSURER(Sl AFFORDING COVERAGE NAIC# INSURER A: American Fire and Casualty Company 24066 INSURED CSGCONS-01 INSURER B: Arch Insurance Comoanv 11150 CSG Consultants, Inc., Precision Inspection INSURER c: West American Insurance Company 44393 Company, Inc. 550 Pilgrim Drive I NSURER D: Berkshire Hathawav Homestate Insurance Company 20044 Foster City CA 94404 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1729603892 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR C A -· A D B TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY -� CLAIMS-MADE [KJ OCCUR I--- I--GEN'L AGGREGATE LIMIT APPLIES PER: Fl DPRO-POLICY JECT OTHER: AUTOMOBILE LIABILITY X ANY AUTO -- [KJ LOG OWNED SCHEDULED AUTOS ONLY -AUTOS I--HIRED NON-OWNED -AUTOS ONLY AUTOS ONLY - X UMBRELLA LIAB EXCESS LIAB M OCCUR CLAIMS-MADE OED I X I RETENTION $ n WORKERS COMPENSATION AND EMPLOYERS" LIABILITY ANYPROPRIETOR/PART NER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Professional Liability retro date: 1/1/1991 Y/N � ADDL SUBR POLICY EFF POLICY EXP ,.,�D WVD POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl y BKW57695795 12/4/2018 12/4/2019 y BAA57695795 12/4/2018 12/4/2019 USA57695795 12/4/2018 12/4/2019 y CSWC929198 12/4/2018 12/4/2019 N/A PAAEP0008803 12/4/2018 12/4/2019 LIMITS EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES /Ea occurrence\ $500,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS -COMP/OP AGG $2,000,000 No Ded $ COMBINED SINGLE LIMIT $1,000,000 /Ea accident\ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE /Per accident) $ No Ded $ EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 $ X I �ffTUTE I I OTH-ER No Ded E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 Each Claim $5,000,000 Aggregate $5,000,000 Deductible: $50,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City, its City Council, boards and commissions, officers, employees and volunteers are named as additional insured as respects General, Auto, and UmbrellaLiability policy(ies) per attached endorsements, pursuant to and subject to the policy's terms, definitions, conditions and exclusions. Waiver of Subrogationapplies to additional insureds, as respects General, Auto Liability policy(s) per attached endorsements, pursuant to and subject to the policy's terms, definitions, conditions and exclusions. 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. 10300 Torre Ave. Cupertino CA 95014 AUTHORIZED REPRESENTATIVE USA �,.&� I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy#: BKW57695795 COMMERCIAL GENERAL LIABILITY CG 88 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ fT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUBJECT NON-OWNED AIRCRAFT NON-OWNED WATERCRAFf 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 "LIMITS OF INSURANCE" WHO IS AN INSURED· INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED· FELLOW EMPLOYEE EXTENSION· MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY 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 CG 88 10 04 13 2 2 2 2 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. Airc raft, 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 available to the insured other valid and collectible insurance, whether primary, excess {other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B.NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section 1-Coverage A· Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the fo llowing: This exclusion 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 provision, elevators do not include vehicle lifts. 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, Paragraph 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. D.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 an d 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 rented 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 this 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 insurance applies to this coverage as described in Section Ill -limits of Insurance. © 2013 Liberty Mutual Insurance CG 8810 0413 Includes copyrighted 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 from automatic fire protection systems to premises while rented to you or temporarily 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.Paragraph 6. under Section Ill· 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 leakage 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 EXTENSION 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 I -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 violations 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 "bodily 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 "bodily injury" or "property damage" occurs, or the "per­ sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 liberty Mutual Insurance CG 88 10 0413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b.Premises or facilities 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 political subdivision has issued a permit subject to the following additional provisions: (1)This insurance does not apply to "bodily injury", "property damage", or "personal and ad­ vertising injury" arising out of the operations performed for the state or political subdivision; (2)This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3)Insurance applies to premises you own, rent, or control 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, marque9S, 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 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 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: (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. Witl1 respect to Paragraph 1.b. above, a person's or organization's slatus as an additional insured under this endorsement ends when their written contract or written 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 equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreems:-it is signed prior to the "bodily injury" or "property damage". We have no duty to defe nd an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition?.. Outies In the Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General liability Condi· tions. © 2013 Liberty Mutual Insurance CG 8810 04 13 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· 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."Bodlly injury" or "property damage" that occurs prior to you commencing operations at. the location where such "bodily injury" or "property damage" occurs. c."Bodily 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 services, including: (1)The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2)Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, 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 "personal and advertising Injury", involved the rendering of, or the failure to render, any professional architectural, engineering 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 is­ sued by us and made a part of this policy. 3.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 a mount of insura nee: 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 shatr 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 follows: a.The following is added to Paragraph a. Primary Insurance: If an additional insured'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 additional 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 Insurance CG 88 10 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 pol icy. 1.The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this 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 insured has for a loss we cover under this 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 following: (1)"Bodily injury" or "personal and advertising injury": (a)To you, to your partners or members (if you a re a partnership or joint venture), to your members (if you are a limited li ability company), to a co-"employee'' while in the course of his or her employ­ment 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 bu�iness; (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 else 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 is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above c:lo not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is 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 Liberty Mutual Insurance f"r! 00 1 I\ I\A 1 'J 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 available to your "employee". K.NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section 11 • 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, will qualify as a Named Insured If there Is no other slmilar 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" arising out of 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 partnership, 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 DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV · Commercial General Liability Conditions, the following is added to Condition 6. Repre· sentatlons: 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 SUIT 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 llsted under Paragraph 1.of Section 11 · Who Is An Insured or a person who 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 fol lowing: 3."Bodily Injury" means physical injury, sickness or disease sustained 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 88 10 04 13 Includes copyrighted material of Insurance Services Office. Inc., with its permission. 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. Q.WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -WHEN REQUIRED 1N 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 ;.1 contract with that person or organization and incluced 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 ag3inst that person or organization; and 2.The injury or damage occurs subsequent to the execution of the written contract or written agree­ ment. © 2013 Liberty Mutuc1I insurance CG 8810 04 13 Includes copyrighted mato1i.il of Insurance Services Office. inc., with its permission. Page 8 of 8 Policy #: BKW57695795 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.,; BAA57695795 COMMERCIAL AUTO CA 88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: 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 SUBJECT ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 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 CANCELLATION CONDITION EXTRA EXPENSE -BRO ADENED COVERAGE GLASS REPAIR -WAIVER OF DEDUCTIBLE HIRED AUTO PHYSICAL 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 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE RENTAL REIMBURSEMENT SUPPLEMENTARY PAYMENTS TOWING AND LABOR TWO OR MORE DEDUCTIBLES UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION II -LIABILITY COVERAGE is amended as follows: 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 -LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: CA 88 10 01 13 d.Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured"' does not include 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 apply specifically in excess of this policy. 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 provision does not apply: (1)If there is similar insurance or a self-insured retention plan available to that organization; © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services 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 -LIABILITY 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 within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". g.An "employee" of yours while operating 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 -LIABILITY 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 governmental or public authority, to add such 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 replaced by U1e following: 1 (2)Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) 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 actual loss of earnings up to $500 a day because of time off from work. 5.AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II -LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply 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 SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Compre hensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a.You hire, rent or borrow; or © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 b.Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs wt,ile the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A.The most we will pay for "Joss" in any one "accident" or "loss" is the smallest of: (1)$50,000;or (2)The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3)The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B.The deductible will be equal to the largest deducti ble 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 applicable to any covered "auto" you own D.Subject to a maximum 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, rented 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 tt,e addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled a.For private passenger type vehicles, we will pay up to $50 per disablement. b.For "light trucks", we will pay up to $50 per disablement. "light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c.For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. 8.PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE CA 88 10 0113 Paragraph A.4 a., Coverage Extension of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500 @ 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office. Inc., with its permission. Page 3 of 7 9.RENTAL 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 in curred after the first 24 hours following the "accident" or "loss" to the covered "auto." b.Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c.We will 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 "loss" results 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 which 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 maximum amount we will pay is $1,000. 11.PERSONAL EFFECTS COVERAGE A.SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have pur chased 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" stolen 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, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, 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 mechanical breakdown does not apply to the accidental 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 applicable to the other coverage or warranty. 13.AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE CA88100113 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 lnc;lude:s c;oµy1iyt1led mi:llerii:11 or ln:;u1i:1nce Services Orfic;e, 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 solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" 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, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14.LOAN/ LEASE GAP COVERAGE CA 88 10 0113 A.Paragraph C, LIMIT OF INSURANCE of SECTION 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 which 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 penalties imposed under a lease due to high mileage, excessive use or 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.Final payment due under a "Balloon Loan", f.The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g Security deposits not refunded by a lessor, h.All refunds payable or paid to you as a result of the early termination 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 representing 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.ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss C.SECTION V -DEFINTIONS is changed by adding the following As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 15.GLASS REPAIR· WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addi tion of the following: No deduGtitJle applies lo glci::;::; damage if U1e glas::; is repaired ,allier tt1ari rep laGed. 16.PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a.In the charge of an "insured"; b.Legally parked; and c.Unoccupied. The "loss" 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 deductible shown in the Declarations. This provision does not apply lo any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17.TWO OR MORE DEDUCTIBLES Under SECTION Ill PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a.If the applicable Business Auto deducti ble is the smaller (or smallest) deductible it will be waived; or b.If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or c.If the loss involves two or more Business Auto coverage forms or policies lhe smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part 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 unint entionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed 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 CONDITIONS, paragraph A.2.a. is replaced in its entirety by the fol lowing: a.In the event of ''accident", claim, "suit" or "loss", 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 "employee" designated by the Named Insured to give such notice, if you are a corporation. © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance 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 "insureds" name and address; and (3)The names and addresses of any injured 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 "loss", 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 for damages is determined in a "suit", 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. This extension of coverage 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: "Bodily inJury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, sl1ock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23.EXTENDED CANCELLATION CONDITION CA 88 10 0113 COMMON POLICY CONDITIONS, paragraph A.-CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation 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. © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED Section CA 20 48 02 99 Page 1 of 1 COMMERCIAL AUTO CA 88 66 05 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED -NONCONTRIBUTING Schedule Name of Person(s) or Organization(s): Regarding Designated Contract or Project: The following is added to the other Insurance Condition: CA 88 66 0513 Page 1 of 1 Policy# I BAA57695795 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CANCELLATION PROVISIONS This endorsement modifies insurance provided under the following: 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 unless 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 written 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 cancellation notice to such persons 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. As a condition of this endorsement, you must notify your agent of any written contract or agreement where you have agreed to provide notice of cancellation, other than nonpayment of premium, to a specific person or organization. Failure to provide 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. CA 88 76 0314 © 2013 Liberty Mutual Insurance. All 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 ha ve the right to reco ver our payment s from anyone liable for an in jury co vered 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 pr emium otherwise due on such remuneration. The minimum premium for this endorsement is $350. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. BLANKET WAIVER Person/Organiza tion Jo b Description All CA Operations SCHEDULE Blanket Wai ver -Any person or organization for whom the Named Insured has agreed by written contract to furnish this wai ver. Wa iver Premium 2935.00 This end orsemen t changes the po licy to which it is att ached and is effective on the date is sued unless otherwise stated . (The information below is required only when this endorsement is iss ued subsequent to preparation of the policy.) Endorsement Effective 12/4/2018 Policy No. CSWC929198 Insured CSG Consultants, Inc. Insurance Company Berkshire Hathaway Homestate Ins Co WC 99 04108 (Ed. 9-14) Endor sement No. Premium$ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION -CERTIFICATE HOLDERS (SPECIFIED DAYS) The person(s) or organization(s) listed 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) or 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 mailed 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 mailing address: All certificate holders where written notice of the cancellation of this policy is required by written contract, permit 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. This 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 described in the Schedule above to any benefit, rights or protection under this policy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. All other terms and conditions of this policy remain unchanged. Endorsement Number: 7 Policy Numbt::r. PAAEP0008803 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