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HomeMy Public PortalAboutC-16-003 - C&C Engineering, Inc. dba CNC Engineering Amendment No. 2, Project 1276(� AMENDMENT NO.2 v TO AGREEMENT FOR CONTRACT SERVICES THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES ("Amendment") by and between the CITY OF CARSON, a California municipal corporation } ("City") and C&C ENGINEERING, INC., dba CNC ENGINEERING, a California corporation ("Consultant") is effective as of the 30th day of December, 2019. RECITALS A. On September 5, 2007, City and Consultant entered into a professional services agreement, whereby Consultant agreed to provide technical and engineering services for the. Broadway Improvement Project No. 1276, to provide plans, specifications, and estimates for the" rehabilitation of Broadway from Main Street to AIondra Boulevard (the "2007 Agreement"). B. City received a grant from Metropolitan Transportation Authority ("MTA") as part of the 2013 Call for Projects to upgrade 5 signalized intersection on Broadway from Victoria to Alondra (the "Grant Project"). The grant will cover Five Hundred Thirty -Eight Thousand Six Hundred Thirty -Eight Dollars And No Cent ($538,638.00) of the estimated total cost of the project, which is Eight Hundred Thirteen Thousand Two Hundred Eighty -Nine And No Cents ($813,289.00). The funding agreement between the City and MTA was approved by the City Council and fully executed on December 15, 2015. C. As part of the Grant Project, the City had to update the construction documents for signal modification plans prepared pursuant to the 2007 Agreement at the following intersections: Broadway at Victoria Street; Broadway at the pedestrian crossing 350 feet south of Albertoni Street; Broadway at Albertoni Street; Broadway at Gardena Blvd; and Broadway at Alondra Blvd. The signal plans D. To update work that Contractor performed pursuant to the 2007 Agreement, City and Consultant entered into that certain Agreement for Contractual Services dated August 2, 2016 ("Agreement") whereby Consultant agreed to provide construction documents for signal modification plans prepared pursuant to the 2007 Agreement ("Services") for a total contract sum not to exceed $50,320.00. E. On August 13, 2018, City and Consultant entered into an amendment to the Agreement ("Amendment No. 1") to permit Consultant to include the appropriate corporate name for the Consultant, to extend the term of the Agreement through December 31, 2019, to revise the signal modification plans, to revise the signal interconnect plans, and to resubmit these plans to the City for review and approval. F. City and Consultant now desire to amend the Agreement to extend the term of the Agreement through February 28, 2021 to allow Consultant to complete the remaining Services in the Agreement. 01007.0006/629028.1 TERMS 1. Contract Changes. The Agreement is amended as provided herein (new text is identified in bold italics, deleted text in stfiketli fe, gh) a) Section 3.4, Term, is amended to read as follows: "Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect from and after- July 2, 2016 through and end en the elese e business Deem ber- 31, 2019 February 28, 2021, hwi,i g been extended by Amendment INN , te-Deeen}ber- 31,z2019, except as otherwise provided in the Schedule of Performance (Exhibit "D") d) Section IV. of Exhibit D, Schedule of Performance, is repealed in its entirety. 2. Continuing Effect of Agreement. Except as amended by this Agreement, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 2 to the Agreement. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment No. 2, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this Amendment No. 2, Consultant is not in default of any material tern of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 5. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. . . 4tOO7.0006/629028,1 [SIGNATURES ON FOLLOWING PAGE] .3 - 01007.00061629028.1 IN WITNESS 'WHEREOF, the parties hereto have executed this Amendment No. 2 on the date(s) set forth below, with the express intent that this Amendment No. 2 be effective as of December 30, 2019. ATTEST: Tana, City Clerk O FORM: - , DER, LLP CX Attorney CITY: CITY 01 CARSON, a AI rt 2020 CONSULTANT: CNC ENGINEERING By: Name: ement N. Calvillo Title: resident By: Nam:NamZ Ma Calvillo Title: Secretary r. Address: 255 N Hacienda Boulevard, Suite 222 City of Industry, CA 91744 Date: , 2020 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: I) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. -4- 01007.0006/629028.1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } On /aocsa0 before me, Amber Barbin, Notary Public (insert name and title of the officer) personally appeared Clement Calvillo, President & Mary Calvillo, Secretary who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) mare subscribed to the within instrument and acknowledged to me that fhefehelthey executed the same in his0hetheir authorized capacity(ies), and that by I h0l etO heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. AMBER PREM BARBIN WITNESS my hand and official seal."" Notary Public - Callfarnia Orange County Z Commission * 2180429 CA -1 A - - - - - - My Comm, Ex iris Feb 12, 2021 Signature ,/ `-'L;"- (Seal) ACOR6r CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNM) 3112/2020 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns 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 Wood Gutmann & Bogart TACT NAME.- Andrea Martin License #0679263 FAX 91c.N9_gW; 714-524-8371 laic, Not: 714-573-1770 15909 Red Hill Ave., Suite 100 n-DMDRLFss: amartin@wgbib.com Tustin CA 92760 INSURE!NS) AFFORDING COVERAGE NAIL a INSURER A. Hiscox, Insurance Company 10200 INSURED CNCEN•1 C&C Engineering Inc, INSURER B : Continental Casualty Co INSURER C : Valle Fore Insurance Co. DBA CNC Engineering INSURER D: Continental Insurance Company 2121 Alton Parkway .Suite 200 Irvine CA 92606 INSURER E: INSURER F PROMCTS•CCMPIOPAGG 52,000 DDO COVERAGES GERTIPICATE NUMBER-, i0R5Riinm 01TVICInM MIMQCo• 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 ILTR TYPE OF INSURANCE 'ABOL'SU@R POLICY EFF POLICY EXP POLICY NUMBER MMfDOIYYYY MMfDO. LIMITS C X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR 6049555521 5252019 5/25/2020 EACH OCCURRENCE $1.000.000 A PREMISES Ea omirrence $ 100,000 MED EXP (Any one person; S 15 ODD PERSONAL & ADV INJURY S 1,000.000 GENERAL AGGREGATE S2000000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO. JECT LOC PROMCTS•CCMPIOPAGG 52,000 DDO 5 OTHER: 8 AUTOMOBILE LIABILITY 6049555535 5252019 5252020 COMBIN D :NGLE LIMIT S Ea amdent X ANY AUTO BODILY INJURY (Per person) s ALL OWNED SCHEDULED ALTOS AUTOS BODILY INJURY Per accident) $ f I NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Peracadenl $ Camp/Colt Ded S D UMBRELLA LIAR X OCCUR 6046555552 5252019 51258020 EACH OCCURRENCE $5,000000 X EXCESS LIAB CLAIMS -MADE AGGREGATE S DEO I X I RETENTIONS S C WORKERS AND EMPLO ERS' UAB UTY YIN COMPENSAN ANY PROPRtETOR1PARTNERIEXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? NIA 9 5549 5252019 5/252020 P' X STATUTE ;RH E L EACH ACCIDENT $1 000.000 E L DISEASE - EA EMPLOYE S 1 000.000 In NH1and it yes. dearyscribe If yas, tlesmhe under DESCRIPTION OF OPERATIONS below E L DISEASE • POLICY LIMIT S 1.000.000 A Professional Liability MPL223123919 5252019 5252020 i Each Claim $5000000 Aggregate $5000.000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES IACORD 101, Addllional Remarks Schedule, may be attached If more apace to required) Certificate holder(s) is/are named as additional insured per the attached endorsements as required by written contract subject to the terms & conditions of the policy: General Liability - Additional Insured Form CNA75079XX General Liability - Waiver of Subrogation Form CNA74705XX General Liability - Primary and Non -Contributory Form CNA75079XX Auto - Additional Insured Form CNA71527XX 1012 Auto - Waiver of Subrogation Form CA 04 44 10 13 See Attached,.. City of Carson Carson Redevelopment Agency 701 E. Carson Street Carson CA 90745 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 6;4_K� ce 1933-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CNCEN-1 _ LOC #. AC ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Wood Gutmann & Bogart C&C Engineering Inc. DBA CNC Engineering 2121 Alton Parkway POLICY NUMBER Suite 200 Irvine CA 92606 CARRIER NAIL COOS EFFECTIVE OATEN AV-Umu 1u1 tcuu51u11 ® 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA68021 XX (Ed. 02113) NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record CNA68021 XX (Ed. 02113) Page 1 of 1 Copyright, CMA All Rights Reserved. ova CNA71527XX (Ed 10/12) ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows. SCHEDULE Name of Additional Insured Persons Or Organizations "as required by contract" 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section Il — LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will appy on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. CNA71527XX (10/12) Page 1 of 1 Insured Name: CNC Engineering, Inc. dba CNC Engineering Copyright CNA All Rights Reserved. Policy No Endorsement No Effective Date 6049555535 5/25/2019 POLICY NUMBER: 6049555535 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: C&C ENGINEERING, INC. Endorsement Effective Date: 5 / 2 5 / 2 019 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 441013 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily Injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily Injury, property damage or personal and advertising Injury arising out of your work that is subject to such written contract. Ill. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide a such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering 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, surveysr field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on anothar endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Policy No: 6049555521 Page 1 of 2 Endorsement No: 4 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/25/2019 Insured Name: C&C ENGINEERING, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. Vi. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effector becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Policy No: 6049555521 Page 2 of 2 Endorsement No: 4 VALLEY FORGE INSURANCE COMPANY Effective Date: 05/25/2019 Insured Name: C&C ENGINEERING, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of I.. surance Services office, Inc, with its permission CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 14. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: 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. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. GNA74705XX (1-15) Page 8 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: C&C ENGINEERING, INC, Copyright CNA All Rights Reserved, Policy No: 6049555521 Endorsement No: 3 Effective Date: 05/25/2019 Includes copyrighted materiat of Insurance Services Office Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of, 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor CNA74705XX (1-15) Page 16 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: C&C ENGINEERING, INC. Policy No: 6049555521 Endorsement No: 3 Effective Date: 05/25/2019 Copyright CNA All Rights Reserved, Includes copyrighted material of insurance Services Office, Inc., with its permission. I G-1 9160-B Policy No 6049555549 (Ed. 11197) WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One Workers' Compensation Insurance G. Recovery From Others and Part Two Employers' Liability Insurance H. Recovery From Others are amended by adding the following.. We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us) PREMIUM CHARGE - $1,017 The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2 %. G -19160-B Page 1 of 1 (Ed. 11197)