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HomeMy WebLinkAboutKnott, David Inc Contract PW Of Improvement - 10-19-23 �rD a3- 13.- q DocuSign Envelope ID:5F1 1991 F-2B2A-4710-84F5-68D3D2A67029 10 CONTRACT CITY OF FRESNO, CALIFORNIA PUBLIC WORK OF IMPROVEMENT THIS CONTRACT (Contract) is made and entered into by and between CITY OF FRESNO, a California municipal corporation (City), and David Knott Incorporated, Inc (Contractor) as follows: 1. Contract Documents. The "Contractor's Proposal," and the "Specifications" including "General Conditions," "Special Conditions," and "Technical Specifications" for the following: fTitiel (Bid File No. [Bid File No.]) [Alternates (if an copies of which are annexed hereto, togetherwith ail the drawings, plans, and documents specifically referred to in said annexed documents, including Performance and Payment Bonds, if required, and are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents. 2. Price and Work. For the monetary consideration of Five Hundred Eighty Nine Thousand Nine Hundred Seventy Two dollars and Zero cents 589 972.00 , as set forth in the Bid Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, under the direction and to the satisfaction of the City's "Engineer', and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents. 3. Payment. The City accepts the Contractor's Bid Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents. The Contractor agrees to accept electronic payment from the City. 4. Indemnification. To the furthest extent allowed by law, the Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees, litigation expenses, and costs to enforce this agreement), arising or alleged to have arisen directly or indirectly out of performance of this Contract. The Contractor's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents, or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or willful misconduct, of the City or any of its officers, officials, employees, agents, or volunteers. If the Contractor should subcontract all or any portion of the work to be performed under this Contract, the Contractor shall require each subcontractor to indemnify, hold harmless, and defend City and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Contract. - 1 - GSD-B Formal Bid Contract—PWI(08-2023) DocuSign Envelope ID:5F11991F-2M-4710-84175-68MMA67029 5. Trench Shoring Detailed Plan. Contractor acknowledges the provisions of Section 6705 of the California Labor Code and, if said provisions are applicable to this Contract, agrees to comply therewith. 6. Worker's Compensation Certification. In compliance with the provisions of Section 1861 of the California Labor Code, Contractor hereby certifies as follows: I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this Contract and will make my subcontractors aware of this provision. [Signatures follow on the next page.] - 2 - GSD-B Formal Bid contract—Pwl(08-2023) DocuSign Envelope ID:5F11991F-2B2A-4710-84F5-68D3D2A67029 IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor's, and this Contract shall be binding and effective upon execution by both parties. CITY OF FRESNO, David Knott Incorprated , a California municipal corporation Inc flvc 5'gnrd by: �av7� T rrnoTr By: By Georgea n A. White " City Man r Name: DAvrD T. KNOTT Dated: Title: President (If corporation or LLC., Board Chair, Pres.or Vice Pres.) APPROVED AS TO FORM: Dated: 10/13/2023 ANDREW JANZ City Attorney By: By: l r�w�fr Date Name: Supv.�-Deputy City ttorney 10-1 3 03 Title: (If corporation or LLC., CFO,Treasurer, ATTEST: Secretary or Assistant Secretary) TODD STERMER, CMC Dated: City Clerk By: WIAny Applicable Professional License: 6} —Date Number: D puty Name: Date of Issuance: City address: City of Fresno Consultant Address: Attention: Dalton Bennett, Projects David Knott Incorporated Administrator Attention: David T. Knott, CEO, President 2600 Fresno Street, 3rd Floor 4711 N Blythe Avenue Fresno, CA 93721 Fresno, CA 93722 Phone: (559) 621-8039 Phone: (559) 271-3366 E-mail: Dalton.Bennett@fresno.gov E-mail: dave@davidknottinc.com Attachment: Contractor's Proposal - 3 - GSD-B Formal Bid Contract—PWI(08-2023) DocuSign Envelope ID:5F11991F-2B2A-4710-64F5-6BD3D2A67029 Oa dd Knott Incorporated August 28, 2023 City of Fresno Planning & Development Department 2600 Fresno Street Fresno, CA 93721 Attn: Dalton Bennett 559-621-8039 Dalton.Ben nett(o),f_resno.gov RE: Demolition, Clearing and Backfill Grading of 735—741 H Street, Fresno, CA 93721 Cost Estimates of Equipment, Manpower and Related Fees Equipment Type Estimated Hours Hourly Rate Estimated Cost 335 Excavator 200 $191.69 $38,338.00 308 Excavator 200 $58.83 $11,766.00 973 Crawler Loader 200 $189.77 $37,954.00 259D3 Skid Steer Loader 200 $46.72 $ 9348.00 415 Skiploader 200 $59.78 $11,956.00 2500 Gallon Water Truck 200 $84.44 $16,888.00 5 Axle End Dump Truck 960 $185.00 $177,600.00 Crew Truck 200 $84.44 $16,888.00 Manpower Based on Davis/Bacon Department of Industrial Relations General Decision Number CA20230018 Dated 8/25/2023 Classification Hours Hourly Rate Estimated Cost Operator Group 3 600 $88.74 $53,244.00 Operator Group 8-A 600 $80.28 $48,168.00 Laborer Group 4 400 $46.43 $18,572.00 4XXSao.Avsss.•framR 91 ssm 155912N-066•farINSPIM-2528 anawsad' e'11BgGa iff Cosdocafs' lCdss0#895MY oil,Si/l M&F#07#99=5 DocuSign Envelope ID:5F11991F-2B2A-1710-84FS-68D3D2A67029 .. NIP David Knott Inrarpnratt-d Disposal Fees C & D Debris 825 Tons $70.00 per ton $57,750.00 Brick Debris 1250 Tons $30.00 per ton $37,500.00 Backfill Material Engineered Fill Dirt 6000 Cubic yards $9.00 per yard $54,000.00 Total Estimated Costs $589,972.00 Thank You, CwlT David T. Knott AVE A&*Ilow•gems,IA 93727 !S391 Yn'�366•!�'I559171l�-,?5�9 dsys�dsrld�sld���v® CoNzwea rsLI61oso#$95358 011►lslftftffis#1#9998=5 _ 7 0 DATE(MMfDbNYY`C �oRa CERTIFICATE OF LIABILITY INSURANCE 9/29/2023 THIS CERTIFICATE 1S 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 pollcy(lesj 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 endorsements. PRODUCER Phone: (7071996-2912 CANT CT Maribel Hcrnandea Fax: PHONE FAX Apollo General Ins.,Agcy Inc(V) ►Jc 91 PO Box 1508 ArQR'k marihct(r rpgl n.tam AD R 33: Sonoma,California 95476 a1SURER S AFFORDING COVERAGE RAID INSURER A. Nautilus Insurance Company 17370 INSURED INSURER B: Key Risk Insurance Company 10885 David Knott Inc DBA:Fig Garden Rockery INSURER c: State Compensation Insurance Fund Of California 35076 - 471 l N.Blythe Ave. INSURERD. Colony Specialty Insurance Company 36927 Fresno,CA 93722 INSURER E INSURER F. COVERAGES CERTIFICATE NUMBER:1392 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 TYPEOFINSURANCE 5 R POLICY NUMBER POLICYEFF POLICY EXPLTR LIMITS ✓ COMMERCIAL GENERAL LIABILITY ECP2037791-11 6/1/2023 6/1/2024 EACH OCCURRENCE $ 1,000,000 A DAbTs57lEFltn — loop CLAIMS-MADEu OCCUR PREMISE Ea lr em3 $ ✓ Pollution Liab ✓ y MED EXP An one person) $ , PERSONAL&ADV INJURY S 1,00000 GENLAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JE PODUCTS-COMPlOPAGG S 2,000,U00 CTL OTHER: $ AUTOMOBILE LIABILITY BAP2041150-10 8/16/2023 9/16/2024 CO MaWE°SINGLE LIMIT $ 1,000,000 B I ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Peraceldent) $ AUTOS ONLY AUTOS ✓ y HIRED NON-OWNED PROPERTY DAFIAOE S AUTOS ONLY AUTOS ONLY P d M $ UMBRELLA LIAR OCCUR FFX2037792-11 6/1/2023 6/1/2024 EACH OCCURRENCE S 3,000,000 A ✓ EXCESS LIAR ✓ CLAIMS-MADE AGGREGATE $ 3,000,000 DEB RETENTION S ✓ y $ WORKERS COMPENSATION E 9092568 4/1/2023 4/1/2024 ✓ $TAT 7E RH YIN C AND EMPLOYERS'LIABILITY 1,000,000 ANYPROPRIETORIPARTNER/EXECUTNE E.L.EACH ACCIDENT $ _ OFFICE RIMFMMREXCLUDED7 N/A y 1,000,000(Mandatory In NH) E.L.DISEASE-FA EMPLOYEE S Ifyes,desuabe under 1,000,000 DESCRIPTION OF OPERATIONS below E-L DISEASE-POLICY LIMIT $ D Rented/LeasedEquipment ✓ y IM258421-0 6/1/2023 6/1/2024 Per tem 300,000 AWeg.te 300,00 DESCRIPTION OF OPERATIONS f LOCATIONS IVEHICLES(ACORO 101,Additional Remarks Schedule,maybe attached If more space is required)Continued on Attached Supplement. RE: All Operations of the Named Insured. The City of Fresno , its officers, officials, employees, agents and volunteers are additional insured as respects to General Liability if required by written contract, per endorsement hereto. Primary Non-Contributory Wording applies and Waiver of Subrogation applies. Per Project General Aggregate Limit applies to General Liability. Additional Insured and Waiver of Subrogation applies to Auto Liability. ,Additional Insured, primary non-contributory and waiver of subrogation applies in respect to Pollution Liability. :Excess is follow form to the underlying General Liability, Commercial Auto and Workers Compensation Coverage listed. A 30-day written notice shall be mailed to the certificate holder at the address provided below should the described CERTIFICATE HOLDER CANCELLATION Holder's Nature of Interest:Additional Insured SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fresno THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2600 Fresno Street Fresno,CA 93721 AUTHORIZEDREPRESi e 147 A& ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES(CONTINUED): crlicy(s) be canceled before the expiration date thereof; 10-day notice for non-payment of premium. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS--ONGOING OPERATIONS—COVERAGE A, B, D.f & DA Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date ECP2037791-11 6/1/2023 611/2024 6/1/2023 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY I. SECTION III—WHO IS AN INSURED is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional Insured on this policy;and 2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1.above. Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement. Such person(s)or organization(s)is an additional insured only with respect to liablllty for bodily injury or property damage under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage DA —Contractors Pollution Legal Liability and Coverage ❑A—Microbial Substance Contractors Pollution Liability,or personal injury or advertising injury under SECTION I-COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY directly caused by: a. Your acts or omissions;or b. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured described in Paragraph 1.or 2.above. However,the Insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law;and b. Will not be broader than that which you are required by the contractor agreement to provide for such additional insured, and c. Will not extend beyond that which is provided to you in this policy. A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1.above are completed. 11. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of 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, 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 occurrence 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. b. 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 ECP 1246 0121 Includes copyrighted material of Insurance Services Office,Inc.,used with its permission. Page 1 or 2 (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. III. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V—LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph 1.1.;or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI— REPORTING, DEFENSE,SETTLEMENT&COOPERATiON: 1. Duties--Additional Insured An additional insured must see to it that: a. We are notified in writing as soon as practicable of an occurrence or offense which may result in a claim or suit; b. We receive written notice of a claim or suit as soon as practicable; and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured,if the contract or agreement requires that this coverage be primary and noncontributory. V. SECTION VII—CONDITION 10.—Other Insurance is amended by the addition of the following which supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to a person(s) or organization(s)included as an additional insured under this endorsement provided that: 1. The additional insured person(s)or organization(s)is a Named Insured under such other insurance;and 2. You have agreed in writing in a contract or agreement,in effect during this policy period,that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement. However, this provision does not apply if the other insurance available to the person(s)or organization(s) included as an additional insured Is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project- specific, primary insurance. VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1246 0121 Includes copyrighted materiaf of Insurance Services Office,Inc.,used with its permisslon. Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS--COMPLETED OPERATIONS--COVERAGE A, DA & D.4 Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date ECP2037791-11 6/1/2023 6/1/2024 6/1/2023 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY I. SECTION III—WHO IS AN INSURED is amended to include as an additional insured: 1. Any person or organization for whom you have performed operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy;and 2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1.above. Such contract or agreement must be executed and in effect prior to the performance of your work included in the products-completed operations hazard which is the subject of such contract or agreement. Such person(s)or organization(s)is an additional insured only with respect to liability for bodily injury or property damage under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage D.1 —Contractors Pollution Legal Liability and Coverage DA—Microbial Substance Contractors Pollution Liability, directly caused by your work performed for the additional insured described in Paragraph 1. or 2.above, and included in the products-completed operations hazard. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contractor agreement to provide for such additional Insured;and c. Will not extend beyond that which is provided to you in this policy. II. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to: a. Bodily injury or property damage arising out of 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, surveys, field orders,change orders or drawings and specifications;or (2) Supervisory, inspection,architectural or engineering activities. This exclusion applies ever) 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 occurrence which caused the bodily injury or property damage involved the rendering of, or the failure to render any professional architectural,engineering or surveying services. Ill. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V--LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph IA.; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI— ECP 1248 01 21 Includes copyrighted material of Insurance Services Office,Inc.,used with its permission. Pagel of 2 REPORTING, DEFENSE, SETTLEMENT&COOPERATION: 1. Duties --Additional Insured An additional insured must see to it that: a. We are notified in writing as soon as practicable of an occurrence which may result in a claim or suit; b. We receive written notice of a claim or suit as soon as practicable;and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional Insured Is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory. V. SECTION VII—CONDITION 10.—Other Insurance is amended by the addition of the following which supersedes any provision to the contrary: Primary And Noncontributory Insurance This Insurance is primary to and will not seek contribution from any other insurance available to a person(s) or organization(s)included as an additional Insured under this endorsement provided that: 1. The additional Insured person(s)or organization(s)is a Named Insured under such other insurance;and 2. You have agreed in writing in a contract or agreement,in effect during this policy period,that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work included in the products-completed operations hazard which is the subject of such contract or agreement. However, this provision does not apply if the other Insurance available to the person(s)or organization(s)included as an additional Insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project- specific, primary insurance. VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1248 0121 Includes copyrighted material of Insurance Services Office,Inc„used with Its permission. Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. W T D C� 5�TRt17-TI R tJE4�T[S},G r NE GGRE�4`T ;LSI'I�1 - - =C_ VEIL Polio Number Poliic` EffectiveDate Polio Ex Iratlpn ate ndvrserYierit 1=ffective y - : Y,. !?ate•::;. ECP2037791-11 6/1/2023 6/1/2024 6/11/2023 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY SECTION V—LIMITS OF INSURANCE Is amended by the addition of the following terms and conditions when you have agreed in writing In a contract or agreement, in effect during this pol icy period, with any person or organization for whom you are performing operations,that a per-project aggregate will apply: 1. For all amounts which the insured becomes legally obligated to pay as damages caused by occurrences under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage DA — Contractors Pollution Legal Liability and Coverage D.4— Microbial Substance Contractors Pollution Liability which can be attributed only to covered operations at a single project: 1. A separate Per-Project Aggregate Limit applies to each project,and that limit is equal to the lesser of: a. The applicable General Aggregate Limit;or b. $2,000,000. 2. The Per-Project Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage D,1—Contractors Pollution Legal Liability and Coverage DA--Microbial Substance Contractors Pollution Liability except damages because of bodily injury or property damage included in the products-completed operations hazard,regardless 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 — BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage D.1 —Contractors Pollution Legal Liability and Coverage DA—Microbial Substance Contractors Pollution Liability for damages shall reduce the Per-Project Aggregate Limit for that particular project. Such payments shall not reduce the applicable General Aggregate Limit nor shall they reduce any other Per-Project Aggregate Limit for any other project. 4. The applicable limits for Each Occurrence, Damage To Premises Rented To You continue to apply. However, Instead of being subject to the applicable General Aggregate Limit,such limits will be subject to the applicable Per- Project Aggregate Limit. 5. Regardless of the number of projects covered under this policy,the most we will pay under the terms and conditions of this endorsement is$5,000,000. 11. For all amounts which the insured becomes legally obligated to pay as damages caused by occurrences under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage DA— Contractors Pollution Legal Liability and Coverage D.4— Microbial Substance Contractors Pollution Liability which cannot be attributed only to covered operations: 1. Any payments made under SECTION i —COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage D.1—Contractors Pollution Legal Liability and Coverage DA—Microbial.Substance Contractors Pollution Liability for damages shall reduce the amount available under the General Aggregate Limit or the Products Completed Operations Aggregate Limit,whichever is applicable;and 2. Such payments shall not reduce any Per-Project Aggregate Limit. III. 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,and not reduce the General Aggregate Limit nor the Per- Project Aggregate Limit. ECP 1295 0121 Includes copyrighted material of Insurance Services office,Inc.,used with Its permission. Page 1 of 2 IV. If the applicable project has been abandoned,delayed,or abandoned and then restarted,or if the authorized contracting parties deviate from plans, blueprints,designs,specifications or timetables,the particular project will still be deemed to be the same project. V. The provisions of SECTION V--LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. VI. This endorsement does not apply to any Designated Construction Project(s)which has been specifically endorsed to this policy on a General Aggregate Limit endorsement showing the Designated Construction Project(s)In a SCHEDULE. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1295 0121 Includes copyrighted material of Insurance Services Office,Inc.,used with its permission. Page 2 of 2 BENV CA 06 0917 ENDORSEMENT This endorsement forms a part of the policy to which it Is attached. Please read it carefully. BUSINESS AUTO—:ADDiTfD.NAL:lNSU1RED WHEN REQUIRED BY CONTRACT OR AGREEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section II-Liability Coverage A.-Coverage,1.Who is an Insured,is amended to add: d. Any person or organization to whom you become obligated to include as an additional insured under this policy,as a result of any contract or agreement you enter into,excluding contracts or agreements for professional services,which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you.However,the insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy;or 2. The coverage and/or limits required by said contract or agreement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. BENV CA 06 0917 Page 1 of 1 POLICY NUMBER:BAP2041150-10 COMMERCIAL AUTO CA04441013 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: David Knott Inc Endorsement Effective Date: 08/16/23 SCHEDULE Name(s)Of Person(s)Or Organization(s): Any Principal wherein such waiver has been included before loss as part of a contractual undertaking by the Named Insured 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 4410 13 ©Insurance Services Office, Inc.,2011 Page 1 of 1 POLICY NUMBER: BAP2041150-10 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE 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 this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Named Insured: David Knott Inc.dba Fig Garden Rockery Endorsement Effective Date:8/16/2023 SCHEDULE Name Of Person(s)Or Organization(s): Any person or organization to whom you become obligated to include as an insured under this policy,as a result of any written contract or written agreement you enter into.This insurance is excess over any other insurance naming the designated Insured as an Insured whether primary, excess,contingent or on any other basis unless this written contract or written agreement specifically requires that this Insurance be either primary or primary and noncontributing. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Each person or organization shown in the Schedule is an"insured"for Covered Autos Liability Coverage,but only to the extent that person or organization qualifies as an"insured"under the Who Is An Insured provision contained in Paragraph A.1.of Section II-Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2.of Section I-Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 ©Insurance Services Office, Inc.,2011 Page 1 of 1 ENDORSEMENT AGREEMENT STATER WAIVER OF SUBROGATION REP 02 - BLANKET BASIS 9092568-23 FUND RENEWAL NA HOME OFFICE 7-08-48-37 SAN FRANCISCO EFFECTIVE APRIL 1, 2023 AT 12.01 A.M. PAGE 1 OF 1 AND EXPIRING APRIL 1, 2024 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME DAVID KNOTT INC 4711 N BLYTHE AVE FRESNO, CA 93722 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00$ OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION BLANKET WAIVER OF FOR WHOM THE NAMED INSURED SUBROGATION HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAANFRFRANCISCO. APRIL 4, 2023 2572 AUTFlOHIZi=D REPRESENT IVE PRESIDENT AND CEO SCIF FORM 10217 (RF.V.4-2018) OLD DP 217 i