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Home My WebLink AboutPROACTIVE CONSULTING GROUP, LLC.o6URANCE ON FILE N-2020-176 o WORK MAY PROCEED cli UNTIL INSURANCE EXPIRES cli t� a� CLERK OF COUNCIL c�a DATE: AGREEMENT TO PROVIDE ENVIRONMENTAL O UA 1\� ,�� , COMPLIANCE MANAGEMENT SERVICES THIS AGREEMENT is made and entered into this 15th day of October, 2020 by and between ProActive Consulting Group, LLC., ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of Environmental Compliance Management Services for the Public Works Agency Water Resources Division. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services — Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit A. The total sum to be expended under the term of this Agreement, including any extension period, shall not exceed $50,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on October 14, 2021, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be Page 1 of 8 extended for one 1-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP Or MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general Page 2 of 8 liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Workers' Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for workers' compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Consultant, without thirty (30) days prior written notice to the City, (iv) Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. Page 3 of 8 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or Page 4 of 8 disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: ProActive Consulting Group, LLC 15235 Springdale Street Huntington Beach, CA 92649 Attn: Patrick Tam A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by Page 5 of 8 fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. Page 6 of 8 N-2020-176 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. Daisy Gomez — Clerk of the Council CITY OF SANTA ANA Kristine Ridge City Manager Page 7 of 8 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: 714". John M.Funk Senior Assistant City Attorney RECOMMENDED FOR APPROVAL aa�G �� Nabil Saba, P.E. Executive Director Public Works Agency CONSUL Name: %QlG e �i9 uj Title: Title:` / ,� Page 8 of 8 EXHIBIT A Consulting Group Environmental Compliance Management Services (Proposal No. 2020.5227) Proposal for City of Santa Ana Public Works Agency Water Resources Division 200 S. Daisy Avenue (M-85) Santa Ana, A 92708 From ProActive Consulting Group, LLC. 15235 Springdale Street Huntington Beach, CA 92649 September 15, 2020 15235 Springdale Street, Huntington Beach, CA 92649 Tel: (714) 893-7900 ♦ Fax: (714) 893-7955 4 email: info@proehs.com A. Environmental Compliance Management Services - Scope of Work The purpose of these consulting services is to provide environmental regulatory compliance services such as South Coast Air Quality Management District (SCAQMD) permit applications preparation, digital record -keeping for compliance purposes, report and compliance plan preparation, emission control technology evaluation, hazardous materials chemical inventory reporting, and other environmental related functions that are relevant to the City of Santa Ana for its effort to comply with the federal, state and local environmental rules and regulations. The regulatory enactment and amendment process is dynamic. It is not feasible to forecast all of the necessary tasks in advance. Hence, this proposal is meant to provide compliance assistance on an as needed basis. Based on the most recent meeting, at the present time the foreseeable compliance needs for the City of Santa Ana are primarily from the SCAQMD and the local Fire Department/ CUPA. However, ProActive can also provide other environmental compliance consulting services for other applicable agencies such as EPA, California Air Resources Board, State Water Resources Control Board, and Orange County Sanitation District when the needs arise. B. Professional Fees As a reference, following are the typical costs for completion of compliance activities that maybe relevant to the City of Santa Ana. Due to the City has maintained numerous facilities with different level of complexity, the cost is the best estimate. Nonetheless, the City will be notified prior to the commencement of any tasks in the event of deviations from the cost listed below. SCAQMD Permitting Permit Application Submittal Package Development & Liaison for Approval - $2,500 per unit Federal EPA (if applicable) Spill Prevention Control & Counter-measure Plan (if P.E. certification is required) - $3,000 Spill Prevention Control & Counter-measure Plan (if P.E. certification is not required) - $2,500 Fire Department (CUPA) Hazardous Materials Contingency Business Plan - $2,500 per site For other compliance activities, the hourly rate of a senior consultant is $175 per hour. For budgetary purpose, the Client may want to allocate $10,000 annually for environmental compliance services. Client will only be invoiced on as needed basis, based on the specific project. Proposal No.: P2020.5227 Page 2 of 2 r2bbly Vgncl by Fandnea Francine R. Villareal vm.,Nl A— W20,10.14 n:xe 33 LTdy ACORO® CERTIFICATE OF LIABILITY INSURANCE I`/ DATE(MMIDDmyY) 09/15/2020 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(fes) 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 CONTACT Tina Cowie NAME: Cornerstone Specially Insurance Services, Inc. PHONE (714) 731-7700 FAX (714) 731-7750 A/C No Ex : A/C, No): 14252 Culver Drive, A299 E-MAIL tina@comemtonespecialty.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAICa INSURERA: Continental Casualty Company 20443 Irvine CA 92604 INSURED INSURERS: American Cas.Co. of Reading PA 20427 PROACTIVE CONSULTING GROUP, LLC INSURER C : 15235 Springdale St. INSURER D: NSURER E Huntington Beach CA 92649 INBURER F COVERAGES CERTIFICATE NUMBER: 2020/2021 COVERAGES REVISION NIIMRFR- 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 INSD SUBR WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMmO/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX1 OCCUR EACH OCCURRENCE $ 2,000,000 PREMISES Ea otturtence $ 300,000 X MED EXP(Any mm person $ 10,000 ADDT'L INSURED I P & NC X BLNKTWVROFSUBRO PERSONAL &ADV INJURY $ 2,000,000 A Y Y 2084330890 06/01/2020 06/01/2021 GEN'L AGGREGATE LIMIT APPLIES PER POLICY X PROJECT LOG GENERALAGGREGATE $ 4,000,000 PRODUCTS - COMPIOP AGG $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS Y Y 2084330890 06/01/2020 06/01/2021 BODILY INJURY (Per accident) $ XHIRED NON -OWNED AUTOS ONLY IX AUTOSONLY PROPERTY DAMAGE fPer accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEC I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITYYIN ANY PROPRIETOR/PARTNER/EXECUTWE fl OFFICERIMEMBER EXCLUDED'/ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA Y 4024152345 06/01/2020 06101/202, PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 11000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Professional Liability Claims Made EEH288355962 07/28/2020 07128/2021 Each Claim AnnualA re Aggregate 9 $1,000,000 $2,000,000 DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached if more space is required) RE: Environmental Compliance Consulting Services City of Santa Ana, its officers, employees, agents, volunteers and representatives are Additional Insured for General &Auto Liability but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement. Such insurance as is afforded by this policy shall be primary, and any insurance carried by City shall be excess and noncontributory. Coverage is subject to all policy terms and conditions. *30 days notice of cancellation, except for 10 days notice for non-payment of premium. For Professional Liability coverage, the aggregate limit is the total insurance available for all covered claims reported within the policy period. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Mgmt. Division, 4th Floor 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 Risk Man%mcad Dhidan RENE\VEO & APPROVED Sr 01988-2015 ACORD I i!AIW: ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD -�—' Risk Management Analyst CHA INSURED: Proactive Consulting Group,LLC POLICY NUMBER: 2084330890 POLICY PERIOD: 6/1/2020-6/1/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE AND BLANKET WAIVER OF SUBROGATION / AGGREGATE LIMIT (PER PROJECT) This endorsement modifies insurance provided under the following: BLISINESSOWNERS LIABILITY COVERAGE FORM BLISINESSOWNERS COMMON POLICY CONDITIONS 1. Blanket Additional Insured with Products -Completed Operations Coverage and Blanket Waiver of Subrogation A. Who Is An Insured is amended to include as an insured, any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement, but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the: a. "Bodily injury" or "property damage'; or b. Offense that caused the "personal and advertising injury;" for which the additional insured seeks coverage. B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured only with respect to such person or organization's liability for: a. "Bodily injury", "property damage" or "personal and advertising injury to the extent caused by: (1) Your acts or omissions; or (2) Acts or omissions of those acting on your behalf; in the performance of your ongoing operations specified in the written contract; or b. "Bodily injury" or "property damage" to the extent caused by "your work" specified in the written contract or written agreement and included in the "products -completed operations hazard", but only if: (1) The written contract or written agreement requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," "personal and advertising injury" arising out of an architect's, engineer's, or surveyors rendering of or failure to render any professional services, including: SB300176D17 (6-16) Page 1 of 3 Copyright, CNA All Rights Reserved. ram. /rRenEwm 6 pAPPR�o�V�®r B r�idl.GyK V:.ui✓ta Rnk Management Malysl CNA a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as a construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. 4. This insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of construction or demolition work while you are acting as a construction or demolition contractor. C. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3., and replace them with the following: 2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis. But if required by the written contract or written agreement, this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" if no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. D. Additional Insured — Extended Coverage When an additional insured is added by this or any other endorsement attached to this Coverage Part, Who Is An Insured is amended to make the following natural persons insureds. If the additional insured is: a. An individual, then his or her spouse is an insured; b. A partnership or joint venture, then its partners, members and their spouses are insureds; c. A limited liability company, then its members and managers are insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are additional insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the Estates, Legal Representatives and Spouses provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person insureds. E. Blanket Waiver of Subrogation The condition entitled Transfer of Rights of Recovery Against Others To Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraph 2. and replace it with the following: 2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make SB300176D17 (6-16) Page 2 of 3 I , � RFnenta 6 MVRav®av: Copyright, CNA All Rights Reserved. ' Risk Manrgem nt AnaWt CNA for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the "products -completed operations hazard." 2. Amendment- Aggregate Limits of Insurance (Per Project) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A.1., and for all medical expenses caused by accidents under Coverage A.2., which can be attributed only to ongoing operations at a single construction project: 1. A separate Construction Project General Aggregate limit applies to each construction project. The Construction Project General Aggregate limit is equal to the amount of the General Aggregate limit shown in the Declarations. 2. The Construction Project General Aggregate limit is the most we will pay for the sum of all damages payable under Coverage AA., except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard," and for medical expenses payable under Coverage A.2. 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.1. for damages or under Coverage A.2. for medical expenses shall reduce the Construction Project General Aggregate limit for the applicable construction project. Such payments shall not reduce the General Aggregate limit shown in the Declarations nor shall they reduce any Construction Project General Aggregate limit applicable to other construction projects. 4. The limits shown in the Declarations for Liability and Medical Expenses, Damage to Premises Rented to You, and Medical Expenses 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 Construction Project General Aggregate limit. B. All: 1. Damages because of "personal and advertising injury", regardless of the number of construction projects involved; 2. Damages under Coverage A.1. 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 A.2. 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, and shall not reduce any Construction Project General Aggregate Limit. C. 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 any Construction Project General Aggregate limit. D. If a construction 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 project will still be deemed to be the same construction project. E. The provisions of the Limits Of Insurance section not otherwise modified by this endorsement shall continue to apply as stipulated. All other terms and conditions of the Policy remain unchanged. SB300176D17 (6-16) Page 3 of 3 Copyright, CNA All Rights Reserved. rtua msvmgmiaa unwon i7x-.mvVm S APPROVE) BY. Risk Management Analyst -. INSURED: Proactive Consulting Group, LLC CAfA POLICY NUMBER: 4024152345 EXPIRATION DATE: 6/1 /2021 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 - 5% of the total standard premium for California exposure. R AM"rWd DMsIon «' REmemm s APPRov® By. Risk Manager nt Mahnt DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 7/20/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Danl Schulze AssuredPartners Design Professionals Insurance Services, LLC PHONE FAX 1325 4th Ave, Suite 2100 A/C No Ext: 714-202-0390 A/C,No): E-MSeattle WA 98101 ADDRESS: CertsDesignPro@AssuredPartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURERA:Aspen Specialty Insurance Company 10717 INSURED PROAENG-01 INSURERB:Allmerica Financial Benefit Insurance Company 41840 Proactive Engineering Consultants INSURERC: Hartford Casualty Insurance Company 29424 200 S. Main Street, Suite 300 Corona CA 92882 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:455946414 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD B X COMMERCIAL GENERAL LIABILITY Y Y Z2FJ100553 8/7/2026 8/7/2027 EACH OCCURRENCE $2,000,000 CLAIMS-MADE � OCCUR PREMISES DAMAGE TO PREMISES Ea occurrence) ccurrence $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY� PRO- � LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y AWFJ100189 8/7/2026 $/7/2027 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED FIR ERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B X UMBRELLALIAB X OCCUR Y Y Z2FJ100553 8/7/2026 8/7/2027 EACH OCCURRENCE $5,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$n $ C WORKERS COMPENSATION Y 57WEGBH5UCM 8/7/2026 8/7/2027 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE FN] N/A E.L.EACH ACCIDENT $1,000,000 OFFICE R/M EMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional Liability AAAE300254-06 8/7/2026 8/7/2027 Per Claim $2,000,000 Aggregate Limit $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The following policies are included in the underlying schedule of insurance for umbrella/excess liability:General Liability/Auto Liability/Employers Liability/Employee Benefits Liability. Re:All Operations of the Named Insured. The City of Santa Ana, its officers,officials,employees and volunteers are named as an additional insured as respects general liability as required per written contract. General Liability is Primary/Non-Contributory per policy form wording. APPROVED By Tu Tran Nguyen at 9:00 am,Jul 21,2026 CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Hanover Insurance Group.. AWFJ100189 5701807 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART A. The following is added to SECTION II - Primary and Non-Contributory LIABILITY COVERAGE, Paragraph A.1. Who Is If you agree in a written contract, written An Insured: agreement or written permit that the insurance Additional Insured if Required by Contract provided to a person or organization who If you agree in a written contract, written qualifies as an additional "insured" under agreement or written permit that a person or SECTION II - LIABILITY COVERAGE, Paragraph organization be added as an additional A.1. Who Is An Insured, subparagraph "insured" under this Coverage Part, such Additional Insured if Required by Contract is person or organization is an "insured"; but only primary and non-contributory, the following to the extent that such person or organization applies: qualifies as an "insured" under paragraph A.1.c. The liability coverage provided by this Coverage of this Section. Part is primary to any other insurance available If you agree in a written contract, written to the additional "insured" as a Named Insured. agreement or written permit that a person or We will not seek contribution from any other organization be added as an additional insurance available to the additional "insured" "insured" under this Coverage Part, the most except: we will pay on behalf of such additional (1) For the sole negligence of the additional "insured" is the lesser of: "insured"; or (1) The Limits of Insurance for liability coverage (2) For negligence arising out of the ownership, specified in the written contract, written maintenance or use of any "auto" not owned agreement or written permit; or by the additional "insured" or by you, unless (2) The Limits of Insurance for Liability that "auto" is a "trailer" connected to an Coverage shown in the Declarations "auto" owned by the additional "insured" or applicable to this Coverage Part. by you; or Such amount shall be part of and not in addition (3) When the additional "insured" is also an to the Limits of Insurance shown in the additional "insured" under another liability Declarations applicable to this Coverage Part. policy. Regardless of the number of covered "autos", C. This endorsement will apply only if the "insureds", premiums paid, claims made or "accident" occurs: vehicles involved in the "accident", the most we 1. During the policy period; will pay for the total of all damages and covered pollution cost or expense combined 2. Subsequent to the execution of the written resulting from any one "accident" is the Limit of contract or written agreement or the Insurance for Liability Coverage shown in the issuance of the written permit; and Declarations. 3. Prior to the expiration of the period of time B. The following is added to SECTION IV - that the written contract, written agreement BUSINESS AUTO CONDITIONS, Paragraph B. or written permit requires such insurance to General Conditions, subparagraph 5. Other be provided to the additional "insured". Insurance: D. Coverage provided to an additional "insured" will not be broader than coverage provided to any other "insured" under this Coverage Part. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. kUlll 461-0478 12 12 Includes copyrighted material of ISO Insurance Services Office, Inc., with its permission Page 1 of 1 014466 0072 of 0072 Hanover Insurance Group.. AWFJ100189 5701807 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. CANCELLATION EXTENSION d. Any business entity for which you Paragraph A. CANCELLATION 2. b. of the have a financial interest greater COMMON POLICY CONDITIONS is than 50% of the voting stock or replaced with the following: otherwise have a controlling b. 60 days before the effective date interest after the effective date of of cancellation if we cancel for this policy or that is newly any other reason. acquired or formed by you during the term of this policy. SECTION I - COVERED AUTOS The coverage provided by this 2. EMPLOYEE HIRED "AUTOS" provision is afforded until Description Of Covered Auto expiration or termination of Designation Symbols; Symbol 8 is this policy, whichever occurs replaced by the following: earlier. 8 = Hired "Autos" Only - Only those The coverage provided by this "autos" you lease, hire, rent or borrow; provision does not apply to including "autos" your employee hires at any business entity described your direction, for the purpose of in d. above that qualifies as an conducting your business. This does not insured under any other include any"auto" you lease, hire, rent, or automobile liability policy borrow from any of your "employees" or issued to that business entity partners or members of their households. as a named insured or would have been an insured except SECTION II - LIABILITY COVERAGE for the exhaustion of the policy limits or the insolvency 3. BROADENED NAMED INSURED of the insurer. The following is added to the SECTION II - The coverage provided by this LIABILITY COVERAGE, Paragraph 1. Who provision does not apply to Is An Insured provision: "bodily injury" nor "property damage" arising from an accident that occurred prior to your acquiring or forming the business entity described in d. above. Includes copyrighted material of Insurance Services Office, Inc. with its permission, Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) Page 1 of 7 014452 0058 of 0072 4. EMPLOYEES AS INSUREDS SECTION III - PHYSICAL DAMAGE COVERAGE. The following is added to the SECTION II - LIABILITY COVERAGE, Paragraph 1. Who 7. EXPENSE OF RETURNING A STOLEN Is An Insured provision: "AUTO" and SIGN COVERAGE e. Any employee of yours is an The following is added to SECTION III - "insured" while using a covered PHYSICAL DAMAGE COVERAGE, A.1. "auto" you do not own, hire or COVERAGE: borrow in your business or your personal affairs. d. Expense Of Returning A Stolen "Auto" 5. SUPPLEMENTARY PAYMENTS We will pay for the expense of The following amends SECTION II - returning a covered "auto" to you. LIABILITY COVERAGE, Paragraph 2. Coverage Extensions provision: e. Sign Coverage Paragraph (2) is replaced by the following: (2) Up to $2500 for cost of bail bonds We will pay for loss to signs, murals, paintings or graphics, (including bonds for related traffic as part of equipment, which are law violations) required because displayed on a covered "auto". of an "accident" we cover. We do not have to furnish these bonds. The most we will pay for "loss" in Paragraph (4) is replaced by the following: any one "accident" is the lesserof: (4) All reasonable expenses incurred by the "insured" at our request, 1. The actual cash value of including actual loss of earnings the property as of the up to $500 a day because of time time of the "loss"; or off from work. 2. The cost of repairing or replacing the damaged or 6. AMENDED FELLOW EMPLOYEE stolen property with other EXCLUSION property of like kind and quality; or The following is added to the SECTION II - 3. $2,000. LIABILITY COVERAGE, B. Exclusions Paragraph 5. Fellow Employee exclusion: g. GLASS BREAKAGE DEDUCTIBLE This exclusion does not apply if the The following is added to SECTION III - "bodily injury" arises from the use of a PHYSICAL DAMAGE COVERAGE, A. covered "auto" you own or hire. This COVERAGE paragraph 3. Glass Breakage - coverage is excess over any other Hitting a Bird or Animal - Falling Objects collectible insurance or Missiles: Any deductible shown in the Declarations as applicable to the Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) Page 2 of 7 Hanover Insurance Group.. AWFJ100189 5701807 covered "auto" will not apply to glass direction, for the purpose of breakage if such glass is repaired, conducting your business, for a rather than replaced. period of 30 days or less, of like kind and use as the "autos" you 9. TRANSPORTATION EXPENSE own, subject to the following: Paragraph 4. Coverage Extension. of The most we will pay for any one SECTION III - PHYSICAL DAMAGE loss is the lesser of the following: COVERAGE, A. COVERAGE is replaced with the following: a. $50,000 per accident, or b. cash value, or 4. Coverage Extension c. the cost of repair, We will pay up to $50 per day to a minus the deductible equal to the maximum of$1500 for temporary lowest deductible applicable to transportation expense incurred any owned "auto" for that by you because of the total theft of coverage. Any deductible shown a covered "auto" of the private in the Declarations does not apply passenger type. We will pay only to "loss" caused by fire or for those covered "autos" for lightning. Subject to the limit and which you carry either deductible stated above, we will Comprehensive or Specified provide coverage equal to the Causes of Loss Coverage. We will broadest coverage provided to pay for temporary transportation any covered "auto" you own, that expenses incurred during the is applicable to the loss. period beginning 24 hours after the theft and ending, regardless of If the loss arises from an accident the policy s expiration, when the for which you are legally liable covered "auto" is returned to use and the lessor incurs an actual or we pay for its "loss". financial loss from that accident, we will cover the lessor s actual 10. HIRED AUTO PHYSICAL DAMAGE financial loss of use of the hired "auto" for a period of up to seven The following is added to SECTION III - consecutive days from the date of PHYSICAL DAMAGE COVERAGE, A. the accident, subject to a limit of COVERAGE: $1,000 per accident. 5. Hired Auto Physical Damage 11. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE If hired "autos" are covered "autos" for Liability Coverage and The following is added to SECTION III - if Physical Damage Coverage of PHYSICAL DAMAGE COVERAGE, A. Comprehensive, Specified Causes COVERAGE: of Loss, or Collision is provided under this Coverage Form for any 6. Audio, Visual and Data Electronic "auto" you own, then the Physical Equipment Coverage Damage Coverage(s) provided is extended to "autos" you hire We will pay for "loss" to any without a driver or your employee electronic equipment that receives hires, without a driver, at your Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) Page 3 of 7 014453 0059 of 0072 or transmits audio, visual or data equipment is permanently signals and that is not designed installed in the covered solely for the reproduction of "auto", and sound. This coverage applies b. Permanently installed only if the equipment is in the opening of the dash permanently installed in the or console normally used covered "auto" at the time of the by the manufacturer for "loss" or the equipment is the installation of a radio. removable from a housing unit which is permanently installed in With respect to coverage herein, the covered auto at the time of the LIMIT OF INSURANCE the "loss", and such equipment is provision of PHYSICAL DAMAGE designed to be solely operated by COVERAGE is replaced by the use of the power from the "auto s" following: electrical system, in or upon the covered "auto", including its 1. The most we will pay for all antennas and other accessories. "loss" to audio, visual or data However , this does not include electronic equipment and any tapes, records or discs. accessories used with this equipment as a result of any The exclusions that apply to one "accident" is the lesser of PHYSICAL DAMAGE COVERAGE, except for the exclusion relating to a. The actual cash value of Audio, Visual and Data Electronic the damaged or stolen Equipment, also apply to coverage property as of the time of provided herein. In addition, the the "loss"; or following exclusions apply: b. The cost of repairing or replacing the damaged or We will not pay , under this stolen property with other coverage, for either any electronic property of like kind and equipment or accessories used quality; or with such electronic equipment c. $500. that is: 2. An adjustment for 1. Necessary for the normal depreciation and physical operation of the covered condition will be made in "auto" or the monitoring of determining actual cash value the covered "auto s" at the time of the "loss". operating system; or 3. Deductibles applicable to 2. Both: PHYSICAL DAMAGE COVERAGE, do not apply a. An integral part of the to this Audio, Visual and Data same unit housing any Electronic Equipment sound reproducing Coverage. equipment designed solely for the If there is other coverage provided reproduction of sound if by this policy for audio, visual and the sound reproducing data electronic equipment, the coverage provided herein is Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) Page 4 of 7 Hanover Insurance Group.. AWFJ100189 5701807 excess. However, you may elect covered"auto". If loss is to apply the limit or any portion caused by theft, this thereof of coverage provided number of days is added herein to pay any deductible that to the number of days it is applicable under the provisions takes to locate the covered of the other coverage. "auto" and transport it to a repair shop. 12. RENTAL REIMBURSEMENT and MATERIAL TRANSFER EXPENSE 2. 60 days. The following is added to SECTION III - Our payment is limited to the PHYSICAL DAMAGE COVERAGE, A. lesser of the following amounts: COVERAGE: 1. Necessary and actual 7. Rental Reimbursement and expenses incurred, Material Transfer Expense including loss of use. This coverage provides only those 2. $3000. Physical Damage Coverages where a premium is shown in the This auto rental expense coverage Declarations. It applies only to a does not apply while there are covered "auto" described or spare or reserve "autos" available designated to which the Physical to you for your operations. Damage Coverages apply. If"loss" results from the total theft We will pay for auto rental of a covered "auto" of the private expenses and the expenses, passenger type, we will pay under incurred by you because of"loss" this coverage only that amount of to a covered "auto", to remove your rental reimbursement and transfer your materials and expenses which is not already equipment from the covered provided for under the SECTION "auto" . Payment applies in III - PHYSICAL DAMAGE addition to the otherwise COVERAGE, A. 4. Coverage applicable amount of each Extension. coverage you have on a covered "auto". No deductibles apply to 13. AIRBAG COVERAGE this coverage. The following is added to SECTION III - We will pay only for those auto PHYSICAL DAMAGE COVERAGE, B. rental expenses incurred during Exclusions, paragraph 3. the policy period beginning 24 hours after the "loss" and ending, The portion of this exclusion relating to regardless of the policy s mechanical or electrical breakdown does expiration, with the lesser of the not apply to the accidental discharge of an following number of days: airbag. This coverage is excess of other collectible insurance or warranty. No 1. The number of days deductible applies to this Airbag reasonably required to Coverage. repair or replace the Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) Page 5 of 7 014454 OO60 of 0072 14. AUTO LOAN PHYSICAL DAMAGE imposed under a lease for excessive use, EXTENSION abnormal wear and tear or high mileage; security deposits not refunded by the The following is added to SECTION III - lessor; cost for extended warranties, PHYSICAL DAMAGE COVERAGE, C. Limit Credit Life Insurance, Health, Accident or Of Insurance provision: Disability Insurance purchased with the loan; and carry over balances from When a "loss" results in a total loss to a previous leases. covered auto you own for which a Loss Payee is designated in this policy, the This coverage applies only to the initial most we will pay for "loss" in any one lease for the covered "auto" which has not "accident" is the greater of: previously been leased. This coverage is excess over all other collectible 1. The actual cash value of the insurance. damaged or stolen property as of the time of the "loss"; or SECTION IV - CONDITIONS 2. The outstanding balance of the 16. DUTIES IN THE EVENT OF ACCIDENT, initial loan, less any amounts for CLAIM, SUIT OR LOSS taxes, overdue payments, overdue payment charges, penalties, The following is added to SECTION IV - interest , any charges for early BUSINESS AUTO CONDITIONS, A. Loss termination of the loan, costs for Conditions, 2. Duties In The Event Of Credit Life Insurance, Health, Accident, Claim, Suit Or Loss: Accident or Disability Insurance purchased with the loan, and d. Knowledge of any "accident", carry-over balances from previous claim, "suit" or "loss" will be loans. deemed knowledge by you when notice of such "accident", 15. AUTO LEASE PHYSICAL DAMAGE claim, "suit" or "loss" has been EXTENSION received by: The following is added to SECTION III - (1) You, if you are an individual; PHYSICAL DAMAGE COVERAGE, C. Limit (2) Any partner or insurance Of Insurance provision: manager if you are a partnership; or If, because of damage, destruction or theft (3) An executive officer or of a covered "auto", which is a long-term insurance manager if you are leased "auto", the lease agreement a corporation. between you and the lessor is terminated, "we" will pay the difference between the 17. BLANKET WAIVER OF SUBROGATION amount paid under paragraph C. LIMIT OF INSURANCE 1. or 2. and the amount due Paragraph 5. Transfer Of Rights Of at the time of"loss" under the terms of Recovery Against Others To Us, SECTION the lease agreement applicable to the IV - BUSINESS AUTO CONDITIONS, A. leased "auto" which you are required to Loss Conditions is replaced by the pay: less any fees to dispose of the auto; following: any overdue payments; financial penalties Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) Page 6 of 7 Hanover Insurance Group.. AWFJ100189 5701807 5. Transfer Of Rights Of Recovery 19. HIRED AUTO - WORLDWIDE Against Others To Us COVERAGE If any person or organization to or The following is added to SECTION IV - for whom we make payment Business Auto Conditions, B. General under this Coverage Form has Conditions, paragraph 7. Policy Period, rights to recover damages from Coverage Territory provision: another, which have not been waived through the execution of e. Outside the coverage territory an "insured contract", written described in a., b., c., and d. agreement, or permit, prior to the above for an "accident" or "loss" "accident" or "loss" giving rise to resulting from the use of a the payment, those rights to covered "auto" you hire, without a recover damages from another driver, or your employee hires are transferred to us. That person without a driver, at your direction, or organization must do for the purpose of conducting your everything necessary to secure business, for a period of 30 days our rights and must do nothing or less, provided the suit is after the "accident" or "loss" to brought within The United States impair them. of America or its territories or possessions. 18. UNINTENTIONAL FAILURE TO DISCLOSE INFORMATION SECTION V - DEFINITIONS The following is added to SECTION IV 20. MENTAL ANGUISH BUSINESS AUTO CONDITIONS. B. General Conditions, paragraph 2. Paragraph C. 'Bodily injury", SECTION V - Concealment, Misrepresentation Or Fraud: DEFINITIONS is replaced by the following: Your unintentional error in disclosing, C. "Bodily injury" means bodily injury, or failure to disclose, any material fact sickness or disease sustained by a existing after the effective date of this person including death or mental Coverage Form shall not prejudice anguish resulting from any of these. your rights under this Coverage Form. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) Page 7 of 7 014455 0061 of 0072 Z2F J100553 04 5701807 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SMALL COMMERCIAL LIABILITY COMPANION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGES Page SECTION I —ADDITIONAL INSURED PROVISIONS 2 A. Automatic Additional Insured Provisions Including Primary and Non-contributory 2 4. Additional Insureds 2 a. Broad Form Vendors 3 b. Co-owner of Insured Premises 3 c. Controlling Interest 3 d. Mortgagee, Assignee, or Receiver 4 e. Grantor of Franchise 4 f. Lessor of Leased Equipment 4 g. Manager or Lessor of Premises 4 B. Additional Insured by Contract, Agreement or Permit With Completed Operations and 4 Primary and Non-contributory SECTION II—COVERAGE EXTENSIONS 5 A. Supplementary Payments Extension 5 B. Alienated Premises 5 C. Broad Form Property Damage Legal Liability 6 D. Broad Form Property Damage—Borrowed Equipment, Customers' Goods, Use of 6 Elevators E. Incidental Malpractice— Employed Nurses, EMT's and Paramedics 6 F. Personal and Advertising Injury— Broad Form 6 G. Product Recall Expense Product Recall Expense Each Occurrence Limit$25,000 6 Product Recall Expense Aggregate Limit$50,000 Product Recall Deductible $500 H. Who is an Insured Amended "Employees" Redefined 8 Subsidiaries Newly Acquired or Formed Organizations— 180 Days I. Limits of Insurance Amended: Aggregate Limits of Insurance Per Location 9 Products-Completed Operations Aggregate—Twice the Each Occurrence Limit J. Blanket Waiver of Subrogation 9 K. Unintentional Failure to Disclose Hazards 9 L. Unintentional Failure to Notify/Knowledge of an Occurrence 9 M. Medical Expenses—Three Years to Report 9 822-0001 08 19 Includes copyrighted material of the Insurance Services Office Inc.,with its permission. Page 1 of 14 Copyright 2019 The Hanover Insurance Company.All Rights Reserved. Insured Copy Z2F J100553 04 5701807 SECTION III—ADDITIONAL CONDITIONS 9 A. Liberalization 9 B. Concealment, Misrepresentation or Fraud 10 C. Insurance Under Two or More Coverages 10 SECTION IV— EXCLUSIONS 10 A. Coverage A— Bodily Injury and Property Damage Liability and Coverage B—Personal and 10 Advertising Injury Exclusions Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability 10 Aircraft Products, Grounding and Testing 10 Professional Services 11 Unmanned Aircraft 11 B. Coverage A— Bodily Injury and Property Damage and Coverage C—Medical Payments 12 Exclusions Nuclear Energy Liability 12 C. Amended Exclusion With Coverage Extension 13 Aircraft (Other Than Unmanned Aircraft), Auto or Watercraft 13 SECTION V—AMENDED DEFINITIONS 13 "Bodily Injury" 14 "Products—Completed Operations Hazard" 14 "Property Damage" 14 SECTION I—ADDITIONAL INSURED PROVISIONS e. Does not apply if the "bodily injury", A. Automatic Additional Insured Provisions "property damage" or "personal and Including Primary and Non-contributory: advertising injury" is otherwise excluded from coverage under this Coverage Part, 1. SECTION II — WHO IS AN INSURED is including any endorsements thereto. amended to include as an insured any person or organization described in paragraphs 4.a f. Does not apply to any person or through 4.g. below, whom you agree to add as organization included as an insured by an Additional Insured. another endorsement issued by us and 2. However, the insurance afforded to such made part of this Coverage Part. Additional Insured described below: 3. The most we will pay on behalf of the Additional Insured for a covered claim is the lesser of the a. Only applies to the extent permitted by law. amount of insurance: b. Will not be broader than the insurance a. Required by the applicable written contract, which you are required by the written agreement or permit, if any; or contract, agreement or permit, if any, to provide for such additional insured. b. Available under the applicable Limits of Insurance shown in the Declarations or any c. Applies on a primary basis and we will not endorsement to the policy. seek contribution from any other insurance available to the Additional Insured, if that is 4. Additional Insureds required by an applicable written contract, The following persons or organizations qualify agreement or permit. as additional insureds under this endorsement: d. Will not be broader than coverage provided to any other insured. 822-0001 08 19 Includes copyrighted material of the Insurance Services Office Inc.,with its permission. Page 2 of 14 Copyright 2019 The Hanover Insurance Company.All Rights Reserved. Insured Copy Z2F J100553 04 5701807 The following is added to SECTION II — WHO container, part or ingredient of any IS AN INSURED: other thing or substance by or for a. Broad Form Vendors the vendor; (1) Any person or organization that is a (h) "Bodily injury" or "property vendor with whom you agreed in a damage" arising out of the sole written contract or agreement to negligence of the vendor for its include as an additional insured under own acts or omissions or those of this Coverage Part is an insured, but its employees or anyone else only with respect to liability for "bodily acting on its behalf. However, this injury"or"property damage" arising out exclusion does not apply to: of"your products"which are distributed (i) The exceptions contained or sold in the regular course of the within the exclusion in vendor's business. paragraphs (d)or(f) above; or (2) With respect to insurance afforded to (ii) Such inspections, such vendors, the following additional adjustments, tests or servicing exclusions apply: as the vendor has agreed to The insurance afforded to the vendor make or normally undertakes does not apply to: to make in the usual course of business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by reasons of the assumption of (i) "Bodily injury" or "property liability in a contract or agreement. damage" arising out of an " This exclusion does not apply to occurrence"that took place before liability for damages that the you have signed the contract or insured would have in the absence agreement with the vendor. of the contract or agreement; Q) Any insured person or (b) Any express warranty organization, from whom you have unauthorized by you; acquired such products, or any ingredient, part or container, (c) Any physical or chemical change in entering into, accompanying or the product made intentionally by containing such products. the vendor; b. Co-owner of Insured Premises (d) Repackaging, unless unpacked solely for the purpose of Any person or organization who is a co- inspection, demonstration, testing, owner of premises described in the or the substitution of parts under declarations. Such person(s) or instruction from the manufacturer, organization(s) is an insured only with and then repackaged in the original respect to their liability as co-owner of the co-owned premises. container; (e) Any failure to make such c. Controlling Interest inspection, adjustments, tests or Any person or organization that has a servicing as the vendor has agreed majority controlling interest in you, but only to make or normally undertakes to with respect to their liability arising out of: make in the usual course of (1) Their financial control of you; or business in connection with the sale of the product; (2) Premises they own, maintain or control (f) Demonstration, installation, while you lease or occupy thesepremises. servicing or repair operations, except such operations performed This insurance does not apply to structural at the vendor's premises in alterations, new construction and connection with the sale of the demolition operations performed by or for product; such additional insured. (g) Products which, after distribution d. Mortgagee,Assignee, or Receiver or sale by you, have been labeled Any mortgagee, assignee or receiver, but or relabeled or used as a only with respect to their liability as 822-0001 08 19 Includes copyrighted material of the Insurance Services Office Inc.,with its permission. Page 3 of 14 Copyright 2019 The Hanover Insurance Company.All Rights Reserved. Insured Copy Z2F J100553 04 5701807 mortgagee, assignee, or receiver and the acts or omissions of those acting on your arising out of the ownership, maintenance behalf, but only with respect to: or use of a premises by you. a. Premises you own, rent, lease or occupy; This insurance does not apply to structural b. Your ongoing operations for the additional alterations, new construction or demolition insured(s) designated in the written operations performed by or for such contract, agreement or permit; additional insured. c. "Your work" included in the "products- completed operations hazard", but only if: Any person or organization who is a grantor (1) The written contract, agreement or of a franchise to you, but only with respect permit requires you to provide such to their liability as grantor of a franchise to coverage to the additional insured; and you. (2) This Coverage Part provides coverage f. Lessor of Leased Equipment for"bodily injury" or"property damage" Any person or organization from whom you included within the "products- lease equipment is also an additional completed operations hazard". insured, but only with respect to liability for 2. The insurance afforded to such additional "bodily injury", "property damage" or insured described above: "personal and advertising injury"caused, in whole or in part, by your maintenance, a. Only applies to the extent permitted by law. operation or use of equipment leased to b. Will not be broader than the insurance you by such person or organization. which you are required by the written However, the insurance afforded to such contract, agreement or permit to provide for additional insured does not apply to any such additional insured. "occurrence" that takes place after the c. Applies on a primary basis and we will not equipment lease expires. seek contribution from any other insurance g. Manager or Lessor of Premises available to the Additional Insured, if that is Any person or organization from whom you required by the written contract, agreement or permit. lease premises is also an additional insured, but only with respect to liability d. Does not apply if the "bodily injury", arising out of the ownership, maintenance "property damage", or "personal and or use of that part of the premises leased to advertising injury" arises out of sole you. negligence of the additional insured. However, this provision does not apply to: e. Will not be broader than coverage provided (1) Any"occurrence"that takes place after to any other insured. you cease to be a tenant in the f. Does not apply if the "bodily injury", premises. "property damage" or "personal and advertising injury" is otherwise excluded (2) Structural alterations, new construction from coverage under this Coverage Part, or demolition operations performed by including any endorsements thereto. or for such additional insured(s). g. Does not apply unless the written contract B. Additional Insured by Contract, Agreement or or agreement was executed or permit was Permit With Completed Operations and Primary issued prior to the"bodily injury", "property and Non-contributory damage", or "personal and advertising 1. Any person or organization who does not injury". qualify as an Additional Insured in A. h. Does not apply to any person or Automatic Additional Insured Provisions organization included as an insured by Including Primary and Non-contributory, 4. another endorsement issued by us and Additional Insureds, paragraphs a.through g. made part of this Coverage Part. above with whom you agreed in a written contract, agreement or permit to add as an i. Does not apply to any lessor of equipment additional insured on your policy is an after the equipment lease expires. additional insured only with respect to liability j. Does not apply to any: for "bodily injury", "property damage", or (1) Owners or other interests from whom "personal and advertising injury" caused, in land has been leased if the whole or in part, by your acts or omissions, or "occurrence"takes place or the offense 822-0001 08 19 Includes copyrighted material of the Insurance Services Office Inc.,with its permission. Page 4 of 14 Copyright 2019 The Hanover Insurance Company.All Rights Reserved. Insured Copy Z2F J100553 04 5701807 is committed after the lease for the land b. Up to $2500 for cost of bail bonds required expires; or because of accidents or traffic law (2) Managers or lessors of premises if: violations arising out of the use of any vehicle to which Bodily Injury Liability (a) The "occurrence" takes place or Coverage applies. We do not have to the offense is committed after you furnish these bonds. cease to be a tenant in that premises; or c. The cost of bonds to release attachments, but only for bond amounts within our Limit (b) The "bodily injury", "property of Insurance. We do not have to furnish damage", "personal and these bonds. advertising injury" arises out of structural alterations, new con- d. All reasonable expenses incurred by the struction or demolition operations insured at our request to assist us in the performed by or on behalf of the investigation or defense of the claim or manager or lessor. "suit", including actual loss of earnings up to $500 a day because of time off from k. Does not apply to "bodily injury", "property work. damage" or "personal and advertising injury" arising out of the rendering of or the e. All court costs taxed against the insured in failure to render any professional services. the "suit". However, these payments do not include attorneys' fees or attorneys' This exclusion applies even if the claims expenses taxed against the insured. against any insured allege negligence or other wrongdoing in the supervision, hiring, f. Prejudgment interest awarded against the employment, training or monitoring of others by insured on that part of the judgment we that insured, if the "occurrence" which caused pay. If we make an offer to pay the Limit of the "bodily injury" or "property damage" or the Insurance, we will not pay any prejudgment offense which caused the "personal and interest based on that period of time after advertising injury" involved the rendering of or the offer. failure to render any professional services by or g. All interest on the full amount of any for you. judgment that accrues after entry of the 3. With respect to the insurance afforded to these judgment and before we have paid, offered additional insureds, the following is added to to pay, or deposited in court the part of the SECTION III— LIMITS OF INSURANCE: judgment that is within our Limit of Insurance. The most we will pay on behalf of the additional insured for a covered claim is the lesser of the These payments will not reduce the Limits of amount of insurance: Insurance. 1. Required by the written contract, B. Alienated Premises agreement or permit described in B. SECTION I — COVERAGES, COVERAGE A — Additional Insured by Contract, BODILY INJURY AND PROPERTY DAMAGE Agreement or Permit With Completed LIABILITY,2. Exclusions,j.Damage to Property, Operations and Primary and Non- paragraph (2) is replaced by the following: contributory, paragraph 1. or (2) Premises you sell, give away or abandon, if the 2. Available under the applicable Limits of "property damage" arises out of any part of Insurance shown in the Declarations or any those premises and occurred from hazards that endorsement to this policy. were known by you, or should have reasonably This provision shall not increase the applicable been known by you, at the time the property Limits of Insurance shown in the Declarations. was transferred or abandoned. SECTION II —COVERAGE EXTENSIONS A. Supplementary Payments Extension C. Broad Form — Property Damage Legal Liability SECTION I — COVERAGES, SUPPLEMENTARY The following is added to SECTION III -LIMITS OF PAYMENTS—COVERAGES A AND B, paragraph INSURANCE, Paragraph 6. 1. is replaced by the following: The Damages to Premises Rented to You Limit 1. We will pay, with respect to any claim we shown on the Declarations will apply to a claim investigate or settle, or any "suit" against an because of "property damage" to any one insured we defend: premises, while rented to you, or in the case of a. All expenses we incur. damage by fire, while rented to you or temporarily 822-0001 08 19 Includes copyrighted material of the Insurance Services Office Inc.,with its permission. Page 5 of 14 Copyright 2019 The Hanover Insurance Company.All Rights Reserved. Insured Copy Z2F J100553 04 5701807 occupied by you with permission of the owner. If the F. Personal and Advertising Injury— Broad Form General Aggregate Limit shown on the Declarations 1. SECTION I —COVERAGES, COVERAGE B — is less than $1,000,000, for the purpose of the PERSONAL AND ADVERTISING INJURY Damages To Premises Rented to You coverage LIABILITY, 2. Exclusions, e. Contractual only, the General Aggregate Limit will be equal to Liability is deleted. the Damage to Premises Rented to You Limit shown on the Declarations. The Damage to 2. SECTION V — DEFINITIONS, 14. "Personal Premises Rented to You Limit does not and should and advertising injury", paragraph b. is not be construed to increase the General replaced by the following: Aggregate Limit except as provided in the limited b. Malicious prosecution or abuse of process. circumstance described in this paragraph. 3. The following is added to SECTION V — D. Broad Form Property Damage — Borrowed DEFINITIONS, 14. "Personal and advertising Equipment, Customers' Goods, Use of injury": Elevators "Discrimination" (unless insurance thereof is 1. The following is added to SECTION I — prohibited by law) that results in injury to the COVERAGES, COVERAGE A — BODILY feelings or reputation of a natural person, but INJURY AND PROPERTY DAMAGE only if such "discrimination" is: LIABILITY, 2. Exclusions, j. Damage to (1) Not done intentionally by or at the direction Property: of: Paragraph (4) does not apply to "property (a) The insured; damage" to borrowed equipment while at a jobsite and not being used to perform (b) Any officer of the corporation, director, operations. stockholder, partner or member of the Paragraphs (3), (4) and (6) do not apply to insured; and "property damage" to"customers' goods"while (2) Not directly or indirectly related to an on your premises. "employee", nor to the employment, Paragraphs (3), (4) and (6) do not apply to the prospective employment or termination of use of elevators. any person or persons by an insured. 4. For purposes of this endorsement,the following 2. For the purposes of this endorsement, the definition is added to SECTION V — following definition is added to SECTION V — DEFINITIONS: DEFINITIONS: 1. "Customers' goods" means property of 1. "Discrimination" means the unlawful your customer(s) on your premises for the treatment of individuals based upon race, purpose of being: color, ethnic origin, gender, religion, age, or sexual preference. "Discrimination" does a. Worked on; or not include the unlawful treatment of b. Used in your manufacturing process. individuals based upon developmental, physical, cognitive, mental, sensory or 3. The insurance afforded under this provision is emotional impairment or any combination excess over any other valid and collectible of these. property insurance (including deductible) available to the insured whether primary, 5. This coverage does not apply if liability excess, contingent or on any other basis. coverage for"personal and advertising injury"is excluded either by the provisions of the E. Incidental Malpractice — Employed Nurses, Coverage Form or any endorsement thereto. EMT's and Paramedics With respect to the COMMERCIAL GENERAL G. Product Recall Expense LIABILITY COVERAGE form, SECTION II—WHO 1. SECTION I —COVERAGES, COVERAGE A— IS AN INSURED, paragraph 2.a.(1)(d) and with BODILY INJURY AND PROPERTY DAMAGE respect to the SMALL COMMERCIAL LIABILITY LIABILITY, 2. Exclusions, n. Recall of COMPANION endorsement, SECTION IV — Products, Work or Impaired Property is EXCLUSIONS, A. Professional Services do not replaced by the following: apply to a nurse, emergency medical technician or In. Recall of Products, Work or Impaired paramedic employed by you if you are not engaged Property in the business or occupation of providing medical, Damages claimed for any loss, cost or paramedical, surgical, dental, x-ray or nursing expense incurred by you or others for the services. loss of use, withdrawal, recall, inspection, 822-0001 08 19 Includes copyrighted material of the Insurance Services Office Inc.,with its permission. Page 6 of 14 Copyright 2019 The Hanover Insurance Company.All Rights Reserved. Insured Copy Z2F J100553 04 5701807 repair, replacement, adjustment, removal (1) Insureds; or disposal of: (2) "Covered Recalls" initiated; or (1) "Your product"; (3) Number of "your products" withdrawn (2) "Your work"; or or recalled. (3) "Impaired property"; b. The Product Recall Expense Aggregate if such product, work or property is Limit is the most we will reimburse you for withdrawn or recalled from the market or the sum of all "product recall expenses" from use by any person or organization incurred for all "covered recalls" initiated because of a known or suspected defect, during the policy period. deficiency, inadequacy or dangerous c. The Product Recall Each Occurrence Limit condition in it, but this exclusion does not is the most we will pay in connection with apply to"product recall expenses" that you any one defect or deficiency. incur for the "covered recall" of "your d. All "product recall expenses" in connection product" if the"covered recall"was initiated with substantially the same general harmful during the policy period. condition will be deemed to arise out of the However, the exception to the exclusion same defect or deficiency and considered does not apply to"product recall expenses" one"occurrence". resulting from: e. Any amount reimbursed for "product recall (4) Failure of any products to accomplish expenses" in connection with any one their intended purpose; "occurrence" will reduce the amount of the (5) Breach of warranties of fitness, quality, Product Recall Expense Aggregate Limit durability or performance; available for reimbursement of "product recall expenses" in connection with any (6) Loss of customer approval, or any cost other defect or deficiency. incurred to regain customer approval; f. If the Product Recall Expense Aggregate (7) Redistribution or replacement of "your Limit has been reduced by reimbursement product" which has been recalled by of "product recall expenses" to an amount like products or substitutes; that is less than the Product Recall (8) Caprice or whim of the insured; Expense Each Occurrence Limit, the (9) A condition likely to cause loss of which remaining Aggregate Limit is the most that any insured knew or had reason to will be available for reimbursement of know at the inception of this insurance; "product recall expenses" in connection with any other defect or deficiency. (10)Asbestos, including loss, damage or clean up resulting from asbestos or g• Product Recall Deductible asbestos containing materials; or We will only pay for the amount of"product (11)Recall of "your products" that have no recall expenses"which are in excess of the known or suspected defect solely $500 Product Recall Deductible. The because a known or suspected defect Product Recall Deductible applies in another of"your products" has been separately to each "covered recall". The found. limits of insurance will not be reduced by the amount of this deductible. 2. The following is added to SECTION II — WHO IS AN INSURED, paragraph 3.b.: We may, or will if required bylaw, pay all or expense" arising out of an any part of any deductible amount, if "Product recall ex P 9 y applicable. Upon notice of our payment of withdrawal or recall that occurred before you a deductible amount, you shall promptly acquired or formed the organization. reimburse us for the part of the deductible 3. The following is added to SECTION III — amount we paid. LIMITS OF INSURANCE: The Product Recall Expense Limits of Product Recall Expense Limits of Insurance Insurance apply separately to each a. The Limits of Insurance shown in the consecutive annual period and to any SUMMARY OF COVERAGES of this remaining period of less than 12 months, endorsement and the rules stated below fix starting with the beginning of the policy period the most that we will pay under this Product shown in the Declarations, unless the policy Recall Expense coverage regardless of the period is extended after issuance for an number of: additional period of less than 12 months. In that 822-0001 08 19 Includes copyrighted material of the Insurance Services Office Inc.,with its permission. Page 7 of 14 Copyright 2019 The Hanover Insurance Company.All Rights Reserved. Insured Copy Z2F J100553 04 5701807 case, the additional period will be deemed part (6) Expenses to rent additional of the last preceding period for the purposes of warehouse or storage space; determining the Limits of Insurance. (7) Disposal of"your product", but only 4. The following is added to SECTION IV — to the extent that specific methods COMMERCIAL GENERAL LIABILITY of destruction other than those CONDITIONS, 2. Duties in the Event of employed for trash discarding or Occurrence, Offense, Claim or Suit: disposal are required to avoid You must see to it that the following are done in "bodily injury" or "property the event of an actual or anticipated "covered damage" as a result of such recall" that may result in "product recall disposal, expense": you incur exclusively for the purpose of (1) Give us prompt notice of any discovery or recalling "your product"; and notification that "your product" must be b. Your lost profit resulting from such withdrawn or recalled. Include a description "covered recall". of "your product" and the reason for the 6. This Product Recall Expense Coverage does withdrawal or recall; not apply: (2) Cease any further release, shipment, a. If the "products — completed operations consignment or any other method of hazard" is excluded from coverage under distribution of like or similar products until it this Coverage Part including any has been determined that all such products endorsement thereto; or are free from defects that could be a cause of loss under this insurance. b. To "product recall expense" arising out of 5. For the purpose of this endorsement, the any of "your products" that are otherwise excluded from coverage under this following definitions are added to SECTION V— DEFINITIONS: Coverage Part including endorsements. H. Who is an Insured Amended 1. "Covered recall" means a recall or withdrawal made necessary because you 1. SECTION II — WHO IS AN INSURED, or a government body has determined that paragraph 2.a.(1)(d) is replaced by the a known or suspected defect, deficiency, following: inadequacy, or dangerous condition in (d) Arising out of his or her providing or failing "your product"has resulted or is reasonably to provide professional services. expected to result in "bodily injury" or 2. Insured Employee Extension "property damage". The following is added to SECTION II — WHO 2. "Product recall expense(s)" means: IS AN INSURED, paragraph 2.a.(1)(a): a. Necessary and reasonable expenses With respect to "bodily injury" only, the for: limitations above do not apply to your (1) Communications, including radio "employees" as insureds with respect to or television announcements or damages caused by cardiopulmonary printed advertisements including resuscitation or first aid services administered stationary, envelopes and by such an "employee". postage; 3. Who is an Insured—Subsidiaries (2) Shipping the recalled products The following is added to SECTION II — WHO from any purchaser, distributor or IS AN INSURED: user to the place or places designated by you; Subsidiaries (3) Remuneration paid to your regular Any of your subsidiaries, other than a "employees" for necessary partnership or joint venture, that is not shown overtime; as a Named Insured in the Declarations is a (4) Hiring additional persons, other Named Insured if: than your regular"employees"; a. You maintain an ownership interest of more (5) Expenses incurred by"employees" than 50% in such subsidiary on the first day of the policy period; and including transportation and accommodations; b. Such subsidiary is not an insured under similar other insurance. 822-0001 08 19 Includes copyrighted material of the Insurance Services Office Inc.,with its permission. Page 8 of 14 Copyright 2019 The Hanover Insurance Company.All Rights Reserved. Insured Copy Z2F J100553 04 5701807 No such subsidiary is an insured for "bodily existing as of the inception date of the policy injury" or "property damage" that occurred, or provided such failure is not intentional. "personal and advertising injury" caused by an L. Unintentional Failure to Notify/Knowledge of an offense committed: Occurrence c. Before you maintained an ownership The following is added to SECTION IV — interest or more than 50% in such COMMERCIAL GENERAL LIABILITY subsidiary; or CONDITIONS, 2. Duties in the Event of d. After the date, if any, during the policy Occurrence, Offense, Claim or Suit, paragraph period that you no longer maintain an a.: ownership interest of more than 50% in Your rights afforded under this Coverage Part shall such subsidiary. not be prejudiced if you fail to give us notice of an 4. Newly Acquired or Formed Organizations — "occurrence", offense, claim or "suit", solely due to 180 Days your reasonable and documented belief that the SECTION II — WHO IS AN INSURED, "bodily injury", "property damage" or "personal and paragraph 3.a. is replaced by the following: advertising injury" is not covered under this a. Coverage under this provision is afforded Coverage Part. only until the 1801h day after you acquire or Knowledge of an "occurrence" or offense by an form the organization or the end of the agent or "employee" of the insured will not policy period, whichever is earlier. constitute knowledge by the insured, unless an "executive officer" of the insured knows about such I. Limits of Insurance Amended "occurrence" or offense. Failure of an agent or General Aggregate Limits of Insurance Per "employee" of the insured, other than an "executive Location officer" of the insured, to notify us of an The following is added to SECTION III—LIMITS OF "occurrence" or offense that such person knows INSURANCE: about will not affect the insurance afforded to you. The General Aggregate Limits of Insurance apply M. Medical Payments—Three Years to Report separately to each of your "locations" owned by or SECTION I — COVERAGES, COVERAGE C — rented to you. "Location" means premises involving MEDICAL PAYMENTS, 1. Insuring Agreement, the same or connecting lots, or premises whose paragraph a.(3)(b) is replaced by the following: connection is interrupted only by a street, roadway, (b) The expenses are incurred and reported to us waterway or right-of-way of a railroad. within three years of the date of the accident; J. Blanket Waiver of Subrogation and The following is added to SECTION IV — SECTION III —ADDITIONAL CONDITIONS COMMERCIAL GENERAL LIABILITY The following are added to SECTION IV — CONDITIONS, 8. Transfer of Rights of Recovery COMMERCIAL GENERAL LIABILITY CONDITIONS: Against Others to Us: A. Liberalization We waive any right of recovery we may have against any person or organization with whom you If,within 45 days prior to or during the policy period, have a written contract, agreement or permit to we adopt any revision that would broaden the waive any rights of recovery against such person or coverage under this policy without additional organization because of payments we make for premium, the broadened coverage will immediately injury or damage arising out of your ongoing apply to this policy. operations or "your work" done under a contract B. Concealment, Misrepresentation or Fraud with that person or organization and included in the This policy is void in any case of fraud by you as it "products-completed operations hazard". relates to this policy at any time. It is also void if you This condition does not apply to Medical Expenses or any other insured, at any time, intentionally Coverage. conceal or misrepresent a material fact concerning: K. Unintentional Failure to Disclose Hazards 1. This policy; SECTION IV — COMMERCIAL GENERAL 2. The Covered Property; LIABILITY CONDITIONS, 6. Representations is 3. Your interest in the Covered Property; or replaced by the following: 4. A claim under this policy. 6. Representations C. Insurance Under Two or More Coverages We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards 822-0001 08 19 Includes copyrighted material of the Insurance Services Office Inc.,with its permission. Page 9 of 14 Copyright 2019 The Hanover Insurance Company.All Rights Reserved. Insured Copy Z2F J100553 04 5701807 It is our stated intent that the various Coverage ROMs,tapes,drives, cells,data processing devices Parts, forms, endorsements or policies issued to or any other repositories of computer software the named insured by us, or any company affiliated which are used with electronically controlled with us, do not provide any duplication or overlap of equipment. The term computer programs, referred coverage for the same claim, "suit", "occurrence", to in the foregoing description of electronic data, offense, accident, "wrongful act"or loss. We will not means a set of related electronic instructions which pay more than the actual amount of the loss or direct the operations and functions of a computer or damage. device connected to it, which enable the computer If this Coverage Part and any other Coverage Part, or device to receive, process, store, retrieve or send form, endorsement or policy issued to the named data. insured by us, or any company affiliated with us, Aircraft Products, Grounding and Testing apply to the same claim, "suit",occurrence,offense, (1) "Bodily injury", "property damage" or "personal accident, "wrongful act"or loss, the maximum Limit and advertising injury" arising out of: of Insurance under all such Coverage Parts, forms, endorsements or policies combined shall not (a) "Aircraft products" or reliance upon any exceed the highest applicable Limit of Insurance representation or warranty made with such under any one Coverage Part, form, endorsement product; or policy. (b) The"grounding"of any aircraft; or This condition does not apply to any Excess or (c) The"testing"of any aircraft. Umbrella Policy issued by us specifically to apply (2) For purposes of this Exclusion, the following as excess insurance over this policy. definitions apply: PP Y: SECTION IV— EXCLUSIONS (a) "Aircraft Products" means: A. The following are added to SECTION I — (i) Aircraft, including but not limited to COVERAGES, COVERAGE A— BODILY INJURY missiles, spacecraft, or any other AND PROPERTY DAMAGE LIABILITY, 2. aircraft goods or products you Exclusions and SECTION I — COVERAGES, manufacture, sell, handle or distribute; COVERAGE B — PERSONAL AND ADVERTISING INJURY, 2. Exclusions: (ii) Aircraft and any ground support or Access Or Disclosure Of Confidential Or control equipment used in connection Personal Information And Data-related Liability therewith; Damages arising out of: (iii)Any product provided by the insured and installed or used in connection with (1) Any access to or disclosure of any person's or any aircraft; organization's confidential or personal (iv)Any tooling used in respect to any information, including patents, trade secrets, aircraft; processing methods, customer lists, financial information, credit card information, health (v) Training and navigational aids, information or any other type of nonpublic instructions, manuals, blueprints, information; or engineering or other data in connection (2) The loss of, loss of use of, damage to, with any aircraft; corruption of, inability to access, or inability to (vi)Any advice, service or labor supplied manipulate electronic data. with any aircraft; or This exclusion applies even if damages are claimed (vii)Services you or others trading under for notification costs, credit monitoring expenses, your name provide or recommend for forensic expenses, public relations expenses or any use in the manufacture, repair, other loss, cost or expense incurred by you or operation, maintenance or use of any others arising out of that which is described in aircraft. paragraphs (1) or(2) above. (b) "Grounding" means the withdrawal of one However, unless paragraph (1) above applies, this or more aircraft from flight operations or the exclusion does not apply to damages because of imposition of speed, passenger or load "bodily injury". restrictions on such aircraft, due to the existence of or alleged or suspected As used in this exclusion, electronic data means existence of any defect, fault or condition: information, facts or computer programs stored as or on, created or used on, or transmitted to or from (i) In such aircraft or any part sold, computer software including systems and handled or distributed by you or that is applications software), on hard or floppy disks, CD- manufactured, assembled or 822-0001 08 19 Includes copyrighted material of the Insurance Services Office Inc.,with its permission. Page 10 of 14 Copyright 2019 The Hanover Insurance Company.All Rights Reserved. Insured Copy Z2F J100553 04 5701807 processed by any other person or (9) Optometry or optical or hearing aid services organization according to your including the prescribing, preparation, fitting, specifications, plans, suggestions, demonstration or distribution of ophthalmic orders or drawings; or lenses and similar products or hearing aid (ii) With tools, machinery or other devices; equipment furnished to such persons (10) Services in the practice of pharmacy; or organizations by you; (11) Management, Human Resource, Testing, whether such withdrawn aircraft are owned Media or Public Relations consulting services. or operated by the same or different This exclusion applies even if a claim alleges persons or organizations. negligence or other wrongdoing in the supervision, "Grounding"shall be deemed to commence hiring, employment, training or monitoring of others on the date of an "occurrence" which by an insured, if the"occurrence"which caused the discloses the necessity of"grounding"or on "bodily injury" or"property damage", or the offense the date an aircraft is first withdrawn from which caused the"personal and advertising injury", service because of such condition, involved the rendering of or failure to render any whichever comes first. professional service. (c) "Testing" means examination, observation, Unmanned Aircraft evaluation or measuring of the 1 "Bodilyinjury", "property dams "personal performance of "aircraft products", while ( ) y ' p p y damage" or and advertising injury" arising out of the either in the air or on the ground. ownership, maintenance, use or entrustment to Professional Services others of any aircraft that is an "unmanned "Bodily injury", "property damage",or"personal and aircraft". Use includes operation and "loading advertising injury" caused by the rendering of or and unloading". failure to render any professional service, advice or This paragraph applies even if the claims against instruction: any insured allege negligence or other wrongdoing (1) By any insured; or in the supervision, hiring, employment, training or monitoring of others by that insured, if the (2) On behalf of any insured; or "occurrence" which caused the "bodily injury" or (3) From whom any insured assumed liability by "property damage"or the offense which caused the reason of a contract or agreement, "personal and advertising injury" involved the regardless of whether any such service, advice or ownership, maintenance, use or entrustment to instruction is ordinary to any insured's profession. others of any aircraft that is an "unmanned aircraft". Professional services include but are not limited to: This paragraph does not apply to: (4) Legal, accounting or advertising services, (a) The use of another's advertising idea in your notary, title abstract, tax preparation, real "advertisement"; or estate, stockbroker, publishing, architects or (b) Infringing upon another's copyright, trade dress insurance services; or slogan in your"advertisement". (5) Preparing, approving, or failing to prepare or (2) For purposes of this endorsement,the following approve maps, drawings, opinions, reports, is added to SECTION V— DEFINITIONS: surveys, change orders, designs or "Unmanned aircraft" means an aircraft that is specifications; not: (6) Supervisory, inspection or engineering (a) Designed; services; (b) Manufactured; or (7) Any medical, surgical, dental, x-ray, nursing, health or therapeutic services, treatment, (c) Modified after manufacture; advice or instruction including, but not limited to be controlled directly by a person from within to, the prescribing, furnishing or dispensing of or on the aircraft. drugs; B. The following is added to SECTION I — (8) Any service, treatment, advice or instruction for COVERAGES, COVERAGE A— BODILY INJURY the purpose of appearance or skin AND PROPERTY DAMAGE LIABILITY, 2. enhancement, hair removal or replacement or Exclusions and SECTION I — COVERAGES, personal grooming, including body piercing COVERAGE C — MEDICAL PAYMENTS, 2. services or use or exposure to any sun lamp, Exclusions: tanning booth or other similar appliance; Nuclear Energy Liability 822-0001 08 19 Includes copyrighted material of the Insurance Services Office Inc.,with its permission. Page 11 of 14 Copyright 2019 The Hanover Insurance Company.All Rights Reserved. Insured Copy Z2F J100553 04 5701807 (1) "Bodily injury" or"property damage": Canada, this Exclusion (3) applies only to (a) With respect to which an insured under the "property damage"to such"nuclear facility" policy is also an insured under a nuclear and any property thereat. energy liability policy issued by the Nuclear (4) As used in this exclusion: Energy Liability Insurance Association, (a) "By-product material" has the meaning Mutual Atomic Energy Liability given it in the Atomic Energy Act of 1954 or Underwriters or Nuclear Insurance in any law amendatory thereof; Association of Canada, or would be an insured under any such policy but for its (b) "Hazardous properties" include termination upon exhaustion of its limit of radioactive, toxic or explosive properties; liability; or (c) "Nuclear facility" means: (b) Resulting from the "hazardous properties" (i) Any "nuclear reactor"; of "nuclear material" and with respect to (ii) Any equipment or device designed or which: used for: (i) Any person or organization is required 1) Separating the isotopes of uranium to maintain financial protection or plutonium; pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; 2) Processing or utilizing "spent fuel"; or or (ii) The insured is, or had this policy not 3) Handling, processing or packaging been issued would be, entitled to "waste"; indemnity from the United States of (iii)Any equipment or device used for the America, or any agency thereof, under processing, fabricating or alloying of any agreement entered into by the "special nuclear material" if at any time United States of America, or any the total amount of such material in the agency thereof, with any person or custody of the insured at the premises organization. where such equipment or device is (2) Under COVERAGE C — MEDICAL located consists of or contains more PAYMENTS,expenses incurred with respect to than 25 grams of plutonium or uranium "bodily injury" resulting from the "hazardous 233 or any combination thereof, or properties"of"nuclear material"and arising out more than 250 grams of uranium 235; of the operation of a "nuclear facility" by any (iv)Any structure, basin, excavation, person or organization. premises or place prepared or used for (3) "Bodily injury" or "property damage" resulting the storage or disposal of"waste"; from the "hazardous properties"of the"nuclear and includes the site on which any of the material"; if: foregoing is located, all operations (a) The "nuclear material": conducted on such site and all premises (i) Is at any"nuclear facility"owned by, or used for such operations; operated by or on behalf of, an insured; (d) "Nuclear material" means "source or material", "special nuclear material"or"by- (ii) Has been discharged or dispersed product material"; therefrom; (e) Nuclear reactor means any apparatus (b) The "nuclear material" is contained in designed or used to sustain nuclear fission "spent fuel" or "waste" at any time in a self-supporting chain reaction or to possessed, handled, used, processed, contain a critical mass of fissionable material; stored, transported or disposed of by or on behalf of an insured; or (f) 'Property damage" includes all forms of (c) The bodily injury or property damage radioactive contamination of property. arises out of the furnishing by an insured of (g) "Source material" has the meaning given it services, materials, parts or equipment in in the Atomic Energy Act of 1954 or in any connection with the planning, construction, law amendatory thereof; maintenance, operation or use of any (h) "Special nuclear material" has the meaning "nuclear facility"; but if such facility is given it in the Atomic Energy Act of 1954 or located within the United States of in any law amendatory thereof; America, its territories or possessions or 822-0001 08 19 Includes copyrighted material of the Insurance Services Office Inc.,with its permission. Page 12 of 14 Copyright 2019 The Hanover Insurance Company.All Rights Reserved. Insured Copy Z2F J100553 04 5701807 (i) "Spent fuel" means any fuel element or fuel or use of aircraft (other than "unmanned- component, solid or liquid, which has been aircraft") or watercraft; or used or exposed to radiation in a "nuclear (e) "Bodily injury"or"property damage"arising reactor"; out of: (j) "Waste" means any waste material: (i) The operation of machinery or (i) Containing "by-product material" other equipment that is attached to, or part than the tailings or wastes produced by of, a land vehicle that would qualify the extraction or concentration of under the definition of "mobile uranium or thorium from any ore equipment" if it were not subject to a processed primarily for its "source compulsory or financial responsibility material" content; and law or other motor vehicle insurance or (ii) Resulting from the operation by any motor vehicle registration law where it person or organization of any "nuclear is licensed or principally garaged; or facility" included under paragraphs (i) (ii) The operation of any of the following and (ii) of the definition of "nuclear machinery or equipment: facility". 1) Cherry pickers and similar devices C. Amended Exclusion With Coverage Extension mounted on automobile or truck SECTION I — COVERAGES, COVERAGE A — chassis and used to raise or lower BODILY INJURY AND PROPERTY DAMAGE workers; and LIABILITY, 2. Exclusions, g. Aircraft, Auto or 2) Air compressors, pumps and Watercraft is replaced by the following: generators, including spraying, g. Aircraft (Other Than Unmanned Aircraft), welding, building cleaning, Auto or Watercraft geophysical exploration, lighting "Bodily injury" or"property damage" arising out and well-servicing equipment; or of the ownership, maintenance, use or (f) An aircraft(other than "unmanned aircraft") entrustment to others of any aircraft(other than that is: "unmanned aircraft"), "auto" or watercraft (i) Chartered by, loaned to, or hired by owned or operated by or rented or loaned to you with a paid crew; and any insured. Use includes operation and (ii) Not owned by any insured. "loading or unloading". SECTION V—AMENDED DEFINITIONS This paragraph g. applies even if the claims against any insured allege negligence or other A. SECTION V—DEFINITIONS, 3. "Bodily injury", 16. wrongdoing in the supervision, hiring, "Products—completed operations hazard", and 17. employment, training or monitoring of others by "Property damage" are replaced by the following: that insured, if the "occurrence" which caused 3. "Bodily injury" means bodily injury, sickness or the "bodily injury" or "property damage" disease sustained by a person, including death involved the ownership, maintenance, use or resulting from any of these at any time. "Bodily entrustment to others of any aircraft(other than injury" includes mental anguish or other mental "unmanned aircraft"), "auto"or watercraft that is injury resulting from "bodily injury". owned or operated by or rented or loaned to 16. "Products —completed operations hazard": any insured. a. Includes all "bodily injury" and "property This paragraph g. does not apply to: damage" occurring away from premises (a) A watercraft while ashore on premises you you own or rent and arising out of "your own or rent; product" or"your work" except: (b) A watercraft you do not own that is: (1) Products that are still in your physical (i) Less than 51 feet long; and possession; or (ii) Not being used to carry persons or (2) Work that has not yet been completed property for a charge; or abandoned. However, "your work" (c) Parking an "auto" on, or on the ways next will be deemed completed at the earliest of the following times: to, premises you own or rent, provided the "auto" is not owned by or rented or loaned (a) When all of the work called for in to you or the insured; your contract has been completed. (d) Liability assumed under any "insured (b) When all of the work to be done at contract" for the ownership, maintenance the job site has been completed if 822-0001 08 19 Includes copyrighted material of the Insurance Services Office Inc.,with its permission. Page 13 of 14 Copyright 2019 The Hanover Insurance Company.All Rights Reserved. Insured Copy Z2F J100553 04 5701807 your contract calls for work at more unloading" of that vehicle by any than one job site. insured; or (c) When that part of the work done at (2) The existence of tools, uninstalled the job site has been put to its equipment or abandoned or unused intended use by any other person materials. or organization other than another 17. "Property damage" means: contractor or subcontractor working on the same project. a. Physical injury to tangible property, including all resulting loss of use of that Work that may need service, property. All such loss of use shall be maintenance, correction, repair or deemed to occur at the time of the physical replacement, but which is otherwise injury that caused it; or complete, will be treated as completed. b. Loss of use of tangible property that is not The bodily injury or property physically injured.All such loss of use shall damage" must occur away from be deemed to occur at the time of the premises you own or rent, unless your "occurrence"that caused it. business includes the selling, handling or distribution of "your product" for For the purposes of this insurance, electronic consumption on premises you own or data is not tangible property. rent. As used in this definition,electronic data means b. Does not include"bodily injury"or"property information, facts or programs stored as, damage" arising out of: created or used on, or transmitted to or from computer software, including systems and (1) The transportation of property, unless applications software, hard or floppy disks, CD- the injury or damage arises out of a ROMs, tapes, drives, cells, data processing CD- condition in or on a vehicle not owned devices or any other media which are used with or operated by you, and that condition electronically controlled equipment. was created by the "loading or ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 822-0001 08 19 Includes copyrighted material of the Insurance Services Office Inc.,with its permission. Page 14 of 14 Copyright 2019 The Hanover Insurance Company.All Rights Reserved. Insured Copy Z2F J100553 04 5701807 POLICY NUMBER: Z2FJ100553 COMMERCIAL GENERAL LIABILITY CG20100413 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 Persons Or Organization(s) S REQUIRED BY WRITTEN CONTRACT Location(s) Of Covered Operations 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 in the performance of your ongoing operations for include as an additional insured the person(s) or the additional insured(s) at the location(s) organization(s) shown in the Schedule, but only designated above. with respect to liability for "bodily injury", "property However: damage" or "personal and advertising injury" caused, in whole or in part, by: 1. The insurance afforded to such additional insured only applies to the extent permitted by 1. Your acts or omissions; or law; and 2. The acts or omissions of those acting on your behalf; CG 20 10 04 13 © ISO Properties, Inc., 2004 Page 1 of 2 0 Insured Copy Z2F J100553 04 5701807 2. If coverage provided to the additional insured is 2. That portion of "your work" out of which the required by a contract or agreement, the injury or damage arises has been put to its insurance afforded to such additional insured intended use by any person or organization will not be broader than that which you are other than another contractor or subcontractor required by the contract or agreement to provide engaged in performing operations for a principal for such additional insured. as a part of the same project. B. With respect to the insurance afforded to these C. With respect to the insurance afforded to these additional insureds, the following additional additional insureds, the following is added to exclusions apply: Section III— Limits Of Insurance: This insurance does not apply to "bodily injury" or If coverage provided to the additional insured is "property damage" occurring after: required by a contract or agreement, the most we will pay on behalf of the additional insured is the 1. All work, including materials, parts or equipment amount of insurance: furnished in connection with such work, on the project (other than service, maintenance or 1. Required by the contract or agreement; or repairs) to be performed by or on behalf of the 2. Available under the applicable Limits of additional insured(s) at the location of the Insurance shown in the Declarations; covered operations has been completed; or whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 Insured Copy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORKERS' COMPENSATION BROAD FORM ENDORSEMENT EXTENDED OPTIONS Policy Number:57WEGBH5UCM Endorsement Number: Effective Date:08/07/2026 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: proactive Engineering Consultants 200 S.Main Street,Suite 300 Corona,CA 92882 Section I of this endorsement expands coverage provided under WC 00 00 00. Section II of this endorsement provides additional coverage usually only provided by endorsement. Section III of this endorsement is a Schedule of Covered States. You may use the index to locate these coverage features quickly: INDEX SUBJECT PAGE SUBJECT PAGE SECTION 1 2 B. Part One Does Not Apply 3 PARTS ONE and TWO 2 C. Application of Coverage 3 01 We Will Also Pay 2 D. Additional Exclusions 3 PART -THREE 2 E. West Virginia 3 02 How This Insurance Works 2 EXTENDED OPTIONS 4 PART -SIX 2 01 Employers' Liability Insurance 4 03 Transfer of Your Rights and Duties 2 02 Unintentional Failure to Disclose 4 04 Liberalization 2 Hazards SECTION II 2 03 Waiver of Our Right to Recover from 4 VOLUNTARY COMPENSATION 2 Others INSURANCE 04 Foreign Voluntary Compensation 4 05 Voluntary Compensation Insurance 2 A. How This Reimbursement Applies 4 A. How This Insurance Applies 2 B. We Will Reimburse 4 B. We Will Pay 3 C. Exclusions 4 C. Exclusions 3 D. Before We Pay 5 D. Before We Pay 3 E. Recovery From Others 5 E. Recovery From Others 3 F. Reimbursement For Actual Loss 5 F. Employers' Liability Insurance 3 Sustained EMPLOYERS' LIABILITY STOP GAP 3 G. Repatriation 5 ENDORSEMENT H. Endemic Disease 5 06 Employers' Liability Stop Gap 3 05 Longshore and Harbor Workers' 5 Coverage Compensation Act Coverage A. Stop Gap Coverage Limited to 3 Endorsement Montana, North Dakota, Ohio, SECTION III 6 Washington, West Virginia and 01 Schedule of Covered States 6 Wyoming Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 1 of 6 Process Date: 7/20/2026 Policy Expiration Date:08/07/2027 ©2000, The Hartford SECTION I PARTS ONE and TWO PART THREE 1. WE WILL ALSO PAY 2. How This Insurance Applies D. We Will Also Pay of Part One (WORKERS' Paragraph 4. of A. How This Insurance Applies of COMPENSATION INSURANCE); and Part 3 (Other States Insurance) is replaced by the E. We Will Also Pay of Part Two following: (EMPLOYERS' LIABILITY INSURANCE) is 4. If you have work on the effective date of this replaced by the following: policy in any state not listed in Item 3.A. of the Information Page, coverage will not be afforded We Will Also Pay for that state unless we are notified within sixty We will also pay these costs, in addition to days. other amounts payable under this insurance, as part of any claim, proceeding, or suit we PART SIX defend: 3. Transfer Of Your Rights and Duties 1. reasonable expenses incurred at our C. Transfer Of Your Rights and Duties of Part 6 request, INCLUDING loss of earnings; (Conditions) is replaced by the following: 2. premiums for bonds to release Your rights or duties under this policy may not be attachments and for appeal bonds in transferred without our written consent. bond amounts up to the limit of our liability under this insurance; If you die and we receive notice within sixty days 3. litigation costs taxed against you; after your death, we will cover your legal representative as insured. 4. interest on a judgment as required by law 4. Liberalization until we offer the amount due under this law; and If we adopt a change in this form that would broaden 5. expenses we incur. the coverage of this form without extra charge, the broader coverage will apply to this policy. It will apply when the change becomes effective in your state. SECTION II VOLUNTARY COMPENSATION ANDEMPLOYERS' 3. The bodily injury must occur in the United LIABILITY COVERAGE States of America, its territories or 5. Voluntary Compensation Insurance possessions, or Canada, and may occur elsewhere if the employee is a United States A. How This Insurance Applies or Canadian citizen, or otherwise legal This insurance applies to bodily injury by resident, and legally employed, in the United accident or bodily injury by disease. Bodily States or Canada and temporarily away from injury includes resulting death. those places. 1. The bodily injury must be sustained by 4. Bodily injury by accident must occur during any officer or employee not subject to the the policy period. workers' compensation law of any state 5. Bodily injury by disease must be caused or shown in Item 3.A. of the Information aggravated by the conditions of the Page. 2. The bodily injury must arise out of and in the course of employment or incidental to work in a state shown in Item 3.A. of the Information Page. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 2 of 6 officer's or employee's employment. The If the persons entitled to the benefits of this officer's or employee's last day of last insurance make a recovery from others, they exposure to the conditions causing or must reimburse us for the benefits we paid them. aggravating such bodily injury by disease F. Employers' Liability Insurance must occur during the policy period. Part Two (Employers' Liability Insurance) applies B. We Will Pay to bodily injury covered by this endorsement as We will pay an amount equal to the benefits though the State of Employment was shown in that would be required of you as if you and Item 3.A. of the Information Page. your employees were subject to the workers' This provision 5. does not apply in New Jersey or compensation law of any state shown in Item Wisconsin. 3.A. of the Information Page. We will pay those amounts to the persons who would be EMPLOYERS' LIABILITY STOP GAP COVERAGE entitled to them under the law. 6. Employers' Liability Stop Gap Coverage C. Exclusion A. This coverage only applies in Montana, North This insurance does not cover: Dakota, Ohio, Washington, West Virginia and 1. any obligation imposed by workers' Wyoming. compensation or occupational disease B. Part One (Workers' Compensation Insurance) law or any similar law. does not apply to work in states shown in 2. bodily injury intentionally caused or Paragraph A above. aggravated by you. C. Part Two (Employers' Liability Insurance) applies in the states, shown in Paragraph A., as though 3. officers or employees who have elected they were shown in Item 3.A. of the Information not to be subject to the state workers' Page. compensation law. D. Part Two, Section C. Exclusions is changed by 4. partners or sole proprietors not covered adding these exclusions. under the Standard Sole Proprietors, Partners, Officers and Others Coverage This insurance does not cover; Endorsement. 5. bodily injury intentionally caused or D. Before We Pay aggravated by you or in Ohio bodily injury resulting from an act which is determined by Before we pay benefits to the persons an Ohio court of law to have been committed entitled to them, they must: by you with the belief than an injury is 1. Release you and us, in writing, of all substantially certain to occur. However, the responsibility for the injury or death. cost of defending such claims or suits in Ohio 2. Transfer to us their right to recover from is covered. others who may be responsible for the 13. bodily injury sustained by any member of the injury or death. flying crew of any aircraft. 3. Cooperate with us and do everything 14. any claim for bodily injury with respect to necessary to enable us to enforce the which you are deprived of any defense or right to recover from others. defenses or are otherwise subject to penalty If the persons entitled to the benefits of this because of default in premium under the insurance fail to do those things, our duty to provisions of the workers' compensation law pay ends at once. If they claim damages or laws of a state shown in Paragraph A. from you or from us for the injury or death, E. This insurance applies to damages for which you our duty to pay ends at once. are liable under West Virginia Code Annot. S 23- E. Recovery From Others 4-2. If we make a recovery from others, we will keep an amount equal to our expenses of recovery and the benefits we paid. We will pay the balance to the persons entitled to it. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 3 of 6 EXTENDED OPTIONS 1. Employers' Liability Insurance 4. Foreign Voluntary Compensation and Employers' Item 3.13. of the Information Page is replaced by Liability Reimbursement the following: A. How This Reimbursement Applies B. Employers' Liability Insurance: This reimbursement provision applies to bodily 1. Part Two of the policy applies to work in injury by accident or bodily injury by disease. each state listed in Item 3.A. Bodily injury includes resulting death. 1. The bodily injury must be sustained by an The Limits of Liability under Part Two are officer or employee. the higher of: 2. The bodily injury must occur in the course of employment necessary or incidental to work Bodily Injury in a country not listed in Exclusion C.1. of this by Accident $500,000 Each Accident provision. 3. Bodily injury by accident must occur during Bodily Injury the policy period. by Disease $500,000 Policy Limit 4. Bodily injury by disease must be caused or aggravated by the conditions of your Bodily Injury employment. The officer or employee's last by Disease $500,000 Each Employee exposure to those conditions of your employment must occur during the policy OR period. B. We Will Reimburse 2. The amount shown in the Information We will reimburse you for all amounts paid by Page. you whether such amounts are: This provision 1 of EXTENDED OPTIONS does 1. voluntary payments for the benefits that not apply in New York because the Limits Of Our would be required of you if you and your Liability are unlimited. officers or employees were subject to any In this provision the limits are changed from workers' compensation law of the state of $500,000 to $1,000,000 in California. hire of the individual employee. 2. Unintentional Failure to Disclose Hazards 2. sums to which Part Two (Employers' Liability If you unintentionally should fail to disclose all Insurance) would apply if the Country of existing hazards at the inception date of your Employment were shown in Item 3.A. of the policy, we shall not deny coverage under this Information Page. policy because of such failure. C. Exclusions 3. Waiver of Our Right To Recover From Others This insurance does not cover: A. We have the right to recover our payments 1. any occurrences in the United States, from anyone liable for an injury covered by Canada, and any country or jurisdiction this policy. We will not enforce our right which is the subject of trade or economic against any person or organization for whom sanctions imposed by the laws or regulations you perform work under a written contract of the United States of America in effect as of that requires you to obtain this agreement the inception date of this policy. from us. 2. any obligation imposed by a workers' This agreement shall not operate directly or compensation or occupational disease law, indirectly to benefit anyone not named in the or similar law. agreement. 3. bodily injury intentionally caused or B. This provision 3. does not apply in the states aggravated by you. of Pennsylvania and Utah. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 4 of 6 4. liability for any consequence, whether of America necessarily incurred as a direct result direct or indirect, of war, invasion, act of of bodily injury. Foreign enemy, hostilities (whether war Our reimbursement shall be limited as follows: be declared or not), civil war, rebellion, revolution, insurrection or military or 1. to the amount by which such expenses usurped power. No endorsement now or exceed the normal cost of returning the subsequently attached to this policy shall officer or employee if in good health, or be construed as overriding or waiving 2. in the event of death, to the amount by which this limitation unless specific reference is such expenses exceed the normal cost of made thereto. returning the officer or employee if alive and D. Before We Pay in good health. Before we reimburse you for the benefits to In no event shall our reimbursement exceed the the persons entitled to them, you must have bodily injury by accident limit shown in Item 3.B. them: of the Information Page as respects any one 1. release you and us, in writing, of all such officer or employee whether dead or alive. responsibility for the injury or death, H. Endemic Disease 2. transfer to us their right to recover from The word "disease" includes any endemic others who may be responsible for their diseases. injury or death, The coverage applies as if endemic diseases 3. cooperate with us and do everything were included in the provisions of the workers' necessary to enable us to enforce the compensation law. right to recover from others. 5. Longshore and Harbor Workers' Compensation If the persons entitled to the benefits paid fail Act Coverage to do these things, our duty to reimburse General Section C. Workers' Compensation Law ends at once. If they claim damages from us is replaced by the following: for the injury or death, our duty to reimburse C. Workers' Compensation Law ends at once. Workers' Compensation Law means the workers E. Recovery From Others or workers' compensation law and occupational If we make a recovery from others, we will disease law of each state or territory named in keep an amount equal to our expenses of Item 3.A. of the Information Page and the recovery and the benefits we reimbursed. Longshore and Harbor Workers' Compensation We will pay the balance to the persons Act (33 USC Sections 901-950). It includes any entitled to it. If persons entitled to the amendments to those laws that are in effect benefits make a recovery from others, they during the policy period. It does not include any must repay us for the amounts that we have other federal workers or workers' compensation reimbursed you. law, other federal occupational disease law or the F. Reimbursement for Actual Loss provisions of any law that provide Sustained nonoccupational disability benefits. This endorsement provides only for Part Two (Employers' Liability Insurance), C. reimbursement for the loss you actually Exclusions, exclusion 8, does not apply to work sustain. In order for you to recover loss or subject to the Longshore and Harbor Workers' expenses under this reimbursement you Compensation Act. must: This coverage does not apply to work subject to 1. actually sustain and pay the loss or the Defense Base Act, the Outer Continental expense in money after trial, or Shelf Lands Act, or the Nonappropriated Fund Instrumentalities Act. 2. secure our consent for the payment of the loss or expense. G. Repatriation Our reimbursement includes the additional expenses of repatriation to the United States Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 5 of 6 SECTION III 1. SCHEDULE OF COVERED STATES B. If a state, shown in Item 3.A. of the Information A. This endorsement only applies in the states Page, approves this endorsement after the listed in this Schedule of Covered States. effective date of this policy, this endorsement will apply to this policy. The coverage will apply in the new state on the effective date of the state approval C. Schedule of Covered States: CA C I Countersigned by Authorized Representative Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 6 of 6