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HomeMy Public PortalAboutC-21-076 - CROSSTOWN ELECTRICAL AMENDMENT NO. 1 2023 APR 5AMENDMENT NO. 1 TO PUBLIC WORKS AGREEMENT THIS AMENDMENT TO PUBLIC WORKS AGREEMENT ("Amendment") by and between the CITY OF CARSON, a California municipal corporation ("City") and CROSSTOWN ELECTRICAL & DATA, INC., a California corporation ("Contractor"), is effective as of the day of /`i; c �,t , 2023. RECITALS A. City and Contractor entered into that certain Public Works Agreement dated May 4, 2021 ("Agreement") whereby Contractor agreed to complete City Project No. 1628: Traffic Signal Installation at the intersection of Tajauta Avenue and Del Amo Boulevard ("Project"), for a Contract Sum not to exceed $266,393.00. B. During the same City Council meeting on April 20, 2021, where the City Council awarded Contractor the contract to complete the Project, the City Council also approved a 15% contingency in the amount of $59,097.90 to provide for funding of any unforeseen circumstances during construction. C. The Project has experienced construction delays caused by the long lead time of traffic signal equipment and the location of utilities, which required changes to the traffic signal pole layout. The various changes in conditions and modifications to scope resulting from revisions to the traffic signal pole layout have been captured in Construction Change Order #I in the amount of $130,884.27. D. The Project delays will necessitate extension of the Schedule of Performance and expiration of the Agreement term. E. The City and Contractor now desire to amend the Agreement to extend the Project completion deadline to September 30, 2023 and Agreement expiration date, and to increase the Contract Sum to $416,393.00 to reflect the amount of $130,884.27 for Construction Change Order #1 (which was approved and ratified by City Council on January 17, 2023) plus an additional amount of $19,115.73 which will serve as an additional construction contingency to fund additional unforeseen circumstances. TERMS 1. Contract Changes. The Agreement is amended as provided herein (new text is identified in bold italics, deleted text in strike thfougl}): A. Section 2.1 (Contract Sum) of the Agreement is hereby amended to read in its entirety as follows: 01007.0006/848643.1 "2.1. Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor's Bid attached hereto as Exhibit A and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation of not to exceed Four Twe Hundred Sixteen Sixty Six Thousand Three Hundred Ninety Three Dollars ($416,393.00 Q`'66�00) ("Contract Sum") for completion of the work. The Contract Sum of $416,393.00 is inclusive of the amount of $130,884.27 reflected in Construction Change Order #1 plus an additional amount of $19,115.73 ("Additional Contingency") which will serve as an additional construction contingency to fund additional unforeseen circumstances; however, it is anticipated that the Additional Contingency will not be needed to complete the Project and therefore, will not be paid to Contractor." B. Section 3.1 (Schedule of Performance) of the Agreement is hereby amended to read in its entirety as follows: "3.1 Schedule of Performance. Contractor The Gent et tifne of eem penin shall be complete the Project by no later than September 30, 2023100 wer-kingdays ffom the date of iss�taaree-6f "Nc)tiee-te Pr-eeeed" of 30wer-king days f+em the date the signal pales are r-eeeived (whiehever eeettr-s later-), as JiIIJlJifie the Biwa,.. Se a,., . Long lead-time materials shall be ordered J T1I within 7 days from receiving the "Notice to Proceed." Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply. The term of this Agreement shall expire two eafs-fallowing the -Effeetive- Date -er upon City's acceptance of the Project, whichever ^ s first." 2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor 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. Contractor represents and warrants to City that, as of the date of this Amendment, 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 Contractor that, as of the date of this Amendment, Contractor is not in default of any material term of the Agreement and that there have been no 01007.0006/848643.1 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. 5. Authority. The persons executing this Amendment 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 Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] 01007.0006/848643.1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first -above written. CITY: CITY OF CARSON, a municipal corporation dd., 2�'00'� ula Davis -Holmes, Mayor ATTEST: GAZSOP9, p� F Y. A Dr. Khaleah R. Bradshaw, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney [rill CONTRACTOR: CROSSTOWN ELECTRICAL & DATA, INC., a California corporation , By: Name: David P. Heermance Title: President By: &t,iIA r f, �t%y-m ,* Name:/Benjamin Heermance Title: Chief Financial Officer Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'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 CONTRACTOR'S BUSINESS ENTITY. 4 01007.0006/848643.1 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 Los Angeles On March 01, 2023 before me, personally appeared David P. Heermance Shalea Berry, Notary Public (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(* whose name(%) is/am subscribed to the within instrument and acknowledged to me that he/991*AIVy executed the same in his/tW&*X authorized capacity(in), and that by his/1*4ir signature( on the instrument the person(, or the entity upon behalf of which the person(g) 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. WITNESS my hand and official seal. Signature a __ / (Seal) SHALEA BERRY Notary Public - California Z emy Los Angeles County Commission p 2281272 Comm. Expires Mar 16, 2023 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 Los Angeles County of ) On March 01, 2023 before me, personally appeared Benjamin Heermance Shalea Berry, Notary Public (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(so whose name( is/aw subscribed to the within instrument and acknowledged to me that he/0%" executed the same in his/W**-thW authorized capacity(ins), and that by his/1*4K Fair signature( on the instrument the person(6), or the entity upon behalf of which the person(g) 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. WITNESS my hand and official seal. Signature SMALEA BERRY ` Notary public - California Las Angeles County Y Commission R 2281277 My Comm. Expires Mar 16. 2023 (Seal) A� �® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/Y) 03/16/20232023 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 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 LICENSE NO. 0637431 CONTACT NAME: PATRICK MCRAE PHCNN Ext, (714) 779-6999 Fvc No, (714) 779-6903 PATRICK MCRAE INSURANCE SERVICES 1265 N. MANASSERO ST. SUITE 303 E-MAIL ADDRESSq : certre uest mcraeinsurance.insure INSURER(S) AFFORDING COVERAGE NAIC# ANAHEIM HILLS, CA 92807 INSURER A: NAVIGATORS SPECIALTY INSURANCE CO. 36056 09/03/202209/03/2023 INSURED INSURER B: INSURANCE COMPANY OF THE WEST 27847 INSURERC: INTEGON NATIONAL INSURANCE COMPANY 29742 CROSSTOWN ELECTRICAL & DATA, INC. 5454 DIAZ STREET IRWINDALE CA 91706 INSURER D: ATLANTIC SPECIALTY INSURANCE COMPA 27154 INSURER E: GREAT AMERICAN INSURANCE CO. 116691 INSURERF: COVERAGES CERTIFICATE NUMBER: 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 TYPE OF INSURANCE ADDL SUBR POLICYNUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X X LA22CGLZ04TP71C. 09/03/202209/03/2023 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE IX OCCUR X XCU DEDUCTIBLE $5,000 PER OCCURENCE A 100,000 PREMISES Ea occurrence $ MED EXP (Any one person) $ 5,000 X OCP PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY � ECT F LOC PRODUCTS - COMP/OPAGG $ 2,000,000 EBL $ 1,000,000 OTHER: I C AUTOMOBILE X LIABILITY ANY AUTO X X 2005675448 COMP: $1,000 11/05/2022 11 /05/2023 Ea CMBIEDide tSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ _ OWNED DAUTOS ONLY X SCHEDULED AUTOSBODILYINJURY(Peraccident) COLL: $1,000 $ _ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ - Per accident E UMBRELLA LIAB X OCCUR TUE 2572052 04 09/03/2022 09/03/2023 EACH OCCURRENCE $ 10,000,000 X EXCESS LIAB CLAIMS -MADE UNDERLYING LIMITS: GL; AL; EL POLICIES AGGREGATE $ 10,000,000 X DED RETENTION$ 0 $ - B WORKERS COMPENSATION EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y OFFICER/MEMBEREXCLUDED? N (Mandatory in NH) N/A x WVE 5030354-07 06/03/2022 06/03/2023 XSTATUTE ERH AND E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D PROPERTY & CONTRACTORS EQUIPMENT $1,000 DEDUCTIBLE COV. INCL. THEFT 05110/2022 05/10/2023 $1,418.658 Property of Prcmus $300, 000 Leased BPP M," BI F CONTRACTORS POLLUTION LIABILITY G'43784 1 09/0812022 09/08/2023 $2,000,000 EACH OCCI$4,000.000 GEN AGG. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) THE CITY OF CARSON AND THEIR ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED WITH RESPECTS TO THE ABOVE-MENTIONED POLICIES PER ATTACHED ENDORSEMENT(S). COVERAGE IS PRIMARY & NONCONTRIBUTORY AS REQUIRED BY WRITTEN CONTRACT, PER ATTACHED ENDORSEMENT FORMS. WAIVER OF SUBROGATION APPLIES, IF REQUIRED BY WRITTEN CONTRACT. * SHOULD ANY OF THE ABOVE-DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, A 30 DAY WRITTEN NOTICE WILL BE ISSUED. RE: PROJECT NO.1628/ TRAFFIC SIGNAL INSTALLATION TAJAUTA AVENUE AND DEL AMO BOULEVARD UtKIIt-IUAIt HULULK CITY OF CARSON ATTN: RISK MANAGEMENT DEPARTMENT Insurance Approved 701 E. CARSON STREET DJ CARSON, CA 90745 03/22/23 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 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: LA22CGLZ04TP71C. COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization for whom you are performing "commercial construction" during the period of this policy and have agreed in a written contract to add as an additional insured for products -completed operations. "Commercial construction" does not include any habitational or residential construction other than hotels or apartments. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 POLICY NUMBER: LA22CGLZ04TP71C. COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be primary contrary: and would not seek contribution from any other Primary And Noncontributory Insurance insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: LA22CGLZ04TP71C. COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Any person or organization for whom you are performing operations during the policy period when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and any other person or organization you are required to add as an additional insured under the contract or agreement described above. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. 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 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "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. CG 20 10 0413 C Insurance Services Office, Inc., 2012 Page 1 of 2 insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. C. With respect to the insurance afforded to these 2. Available under the applicable Limits of Insurance additional insureds, the following is added to shown in the Declarations; Section III - Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we Limits of Insurance shown in the Declarations. will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 POLICY NUMBER: LA22CGLZ04TP71C. COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization when you and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER:LA22CGLZ04TP71C. COMMERCIAL GENERAL LIABILITY NPC 711 08 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL AGGREGATE LIMIT PER PROJECT WITH AN OVERALL GENERAL AGGREGATE CAP This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: All Projects Overall General Aggregate Cap: $5,000,000 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. Subject to the application of the General Aggregate Limit to each of your projects, the maximum amount we will pay under the General Aggre- gate Limit for all claims arising from all projects is the Overall General Aggregate Cap shown in the Schedule above. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard", and for medi- cal expenses under COVERAGE C regard- less of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Ex- pense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Con- struction Project General Aggregate Limit. NPC 711 08 11 Page 1 of 2 Policy No.: 2005675448 Effective: 11/05/2022 (12:01 A.M.) Integon National Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED COVERAGE If you pay the premium for this Blanket Additional Insured Endorsement, we agree with you that any person or organization with whom you have executed a written agreement prior to any loss is added as an additional insured with respect to such liability coverage as is afforded by the policy, but this endorsement applies to such additional insured only as a person or organization liable for your operations and then only to the extent of that liability. This endorsement does not apply to acts, omissions, products, work, or operations of the additional insured. Regardless of the provisions of paragraph A. of the Other Insurance section of this policy, if the person or organization with whom you have executed a written agreement has other insurance under which it is the named insured and that insurance also applies, then this endorsement is primary to, and non-contributory with, that other insurance when the written contract or agreement between you and that person or organization, signed and executed by you before the bodily injury or property damage occurs and in effect during the policy period, requires this endorsement to be primary and non-contributory. In no way does this endorsement waive the Other Insurance section of the policy, nor make this policy primary to third parties hired by the insured to perform work for the insured or on the insured's behalf. Policy Number:2005675448 Effective: 11/05/2022 (12:01 A.M.) Integon National Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION Coverage is provided under this endorsement only when noted on the Declarations Page of this policy. All the provisions of this policy apply to the coverage provided by this endorsement except as modified herein. If you pay the fee for this Blanket Waiver of Subrogation with whom a written waiver agreement has been Endorsement, we agree to waive any and all executed by the named insured, as required by written subrogation claims against any person or organization contract, prior to the occurrence of any loss.