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HomeMy WebLinkAboutSOUTH COAST MECHANICALINSURANCE ON FILE A-2021-036-05 WORN MAY PROCEED 14L� UNTIL INSURANCE EXPIRES APR 2� CLERK OF COUNGIL GATE: CONTRACTOR AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 16"' day of March, 2021 by and between South Coast Mechanical ("Contractor"), 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"). RF.CITAIN, A. The City desires to retain a contractor to provide heating, ventilation, air conditioning (HVAC) repair services, including emergency call out services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. hi undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting 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: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, 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 Exhibit A, attached hereto and incorporated by reference. 2. - COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit B. Contractor is one -of five Contractors seleeted to -provide HVAC repair services.. The -total -aggregate — - - amount, among the five contractors, shall not exceed the shared aggregate amount of $575,000 annually during the term of this agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) 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 which may reasonably be expected by City. Page 1 of 10 UNNEFUMMI This Agreement shall commence on April 1, 2021 for a three (3) year term with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor 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, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor 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 Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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 OF 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 Contractor under this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor 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. Page 2 of 10 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general 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 Contractor'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, and representatives as additional insured(s); (b) be primary and not contributory 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. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor 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. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: i. Contractor 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 canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Contractor shall supply City with a fully executed additional insured Page 3 of 10 endorsement. f. If Contractor 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal inj ury, 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 Contractor, its subcontractors, agents, employees, or other persons acting on its 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 Contractor fin Cher 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 Contractor'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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Page 4 of 10 law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality, (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in Page 5 of 10 addition to, the terms and conditions hereof, shall not bind or obligate Contractor 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 is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. Iyls:flVL-%W1 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. 18. 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. Page 6 of 10 19. PROFESSIONAL LICENSES Contractor 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. Contractor 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. 20. 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. 21. 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 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Page 7 of 10 A-2021-036-05 To Contractor: South Coast Mechanical Attn: Gabe Ordaz, Account Executive 800 E. Orangethorpe Ave Anaheim, CA 92801 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 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 time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Q-�6Daisy Gomez 9r' Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney m w By: "` a Jose Montoya Deputy City Attorney RECOMMENDED FOR APPROVAL aft Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA g �—" Kristine Ridge City Manager CONTRACTOR: Ga Ordaz , &&: — Account Executive Page 8 of 10 Digitally ggned by Fondle,R. FrancineR.Villareal Villareal 4�R�® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDYYYYI 3/5/2021 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 Patriot Risk & Insurance Services 2415 Campus Drive, Suite #200 Irvine, CA 92612 CONTACT NAME PHONE 949 466-7900 FAX No: EMAIL ADDRESS: INSURERS AFFORDING COVERAGE NAICN www:patrisk.com OK07568 INSURERA: Middlesex Insurance Company 23434 INSURED South Coast Mechanical, I . South Coast Electrical, Inc. INSURERS: Federal Insurance Company 20281 INSURER C: Travelers Property CasualtyCompany of America 25674 INSURER D: Hiscox Insurance Company Inc. 10200 800 E. Orangethorpe Avenue INSURER E: Anaheim CA 92801 INSURER F COVERAGES CERTIFICATE NUMBER: Rnsipsea REVISION NUMRFR- 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. INS LTR TYPE OF INSURANCE ADDL INSE, SUER video POLICY NUMBER POLICY EFF MMIDD/YYYY POLICYEXP MMIUD LIMITS A ,/ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE �✓ OCCUR r/ r/ A0147343-003 5/1/2020 5/1/2021 EACH OCCURRENCE $1000000 15AMAGE TO PREMISES E.—RENTED . ence $100,000 MED EXP (Any one person) $10,000 PERSONAL& ADV INJURY $1,000000 DEVIL AGGREGATE LIMIT APPLIES PER: POLICY E JET F-1LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGO $2,000000 $ OTHER: B AUTOMOBILE LIABILITY 54309687 5/1/2020 5/1/2021 EOMaBBIINdEED SINGLE LIMIT $1000000 ✓ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY ✓ AUTOS BODILY INJURY (Paraccident) $ HIRED NONOWNEDPROPERTY AUTOS ONLY AUTOS ONLY DAMAGE Per accident $ C ✓ UMBRELLA LIAB �/ OCCUR ZUP16N187392ONF 5/1/2020 5/1/2021 EACH OCCURRENCE $10 000,000 AGGREGATE $10 000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? NIA ✓ 54309689 5/1/2020 5/1/2021 PER 0TH- ✓ STATUTE ER EL EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYE $t 000 rion (Mandatory in NH) If under antler E.L. DISEASE - POLICY LIMIT $1,000,000 Dyes, IPTION DESCRIPTION OPERATIONS below A Leased/Rented Equipment A0147343-002 5/1/2020 5/1/2021 Limit: $75,000 / Ded: $1,000 D Cyber Liability MPL414458119 5/21/2020 5/21/2021 Limit: $1,000,000 / Retention $5,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: All California Operations as required by written contract. City of Santa Ana is named as additional insured with respect to liability as required by written contract. Coverage is primary and non-contributory. Waiver of subrogation applies. See attached endorsements. `30-Day notice of cancellation / 10-days for non-payment of premium. City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th floor Santa Ana CA 92701 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE / 2 X Dave Jacobson 5 ACORD C The ACORD name and logo are registered marks of ACORD IOdeMnugenind Dhiclon r. REVIEWED&APPROVEDBY: Risk Management Analyst 60518569 t 20/21GL/AU/OM3/WC/LM/CYBSR I Dena Kurtz ( 3/5/2021 10: 25:30 AM (PST) I Page 1 of 21 This eer ificate cancels and supersedes ALL previously issued certificates. A0147343-003 South Coast Mechanical, Inc. South Coast Electrical, Inc. COMMERCIAL GENERAL LIABILITY Forth 10-02-1800 (Rev. 6-09) COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your' refer to the Named Insured shown in the Declara- tions, and any other person or organization qualifying as a Named Insured under this policy. The words '%well, "us" and "our' refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An In- sured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definilions. SECTION 1— COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay damages that the insured be- comes legally obligated to pay for "bodily inju- ry" or "property damage" to which this insur- ance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seek- ing damages for "bodily injury" or "property damage" to which this insurance does not ap- ply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insur- ance in the payment of judgments or set- tlements under Coverages A or B or medi- cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory'; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "oc- currence" or claim, knew that the "bodily in- jury" or "property damage" had occurred, in whole or in part If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any con- tinuation, change or resumption of such "bodily injury" or "property damage" will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed un- der Paragraph 1. of Section II — Who Is An In- sured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other in- surer; (2) Receives a written or verbal demand or claim for damages for the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has oc- curred or has begun to occur. d. Damages for "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" arising out of an act that: (1) Is expected or intended from the standpoint of the insured; or (2) Would be expected or intended from the standpoint of a reasonable person in the circumstances of the insured; Form 10-02-1800 (Rev. 6-09) Includes copyrighted material of ISO Properties, Inc., with its permission 60518 3 I 0/'1 G �.. AJ'Uh9 CTTMi ''Ys 2 10—a (3a! 0PP. '1 10 S.30 IPST Page 2 it 21 This certificate cancels and supersedes ALL previously issued certificates. wakMamgenadDWWm ReAem D6APPROvEDBr: ®' Risk Management Malytt to cause "bodily injury' or 'property damage", even if the actual "bodily injury" or "property damage" is of a different degree or type than intended or expected. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a con- tract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subse- quent to the execution of the contract or agreement. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or un- der the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alco- holic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unem- ployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of. (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share dam- ages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability as- sumed by the insured under an "insured con- tract". f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened dis- charge, dispersal, seepage, migration, re- lease or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (1) "Bodily injury" ff sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heal water for personal use, by the building's occupants or their guests; (it) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your pol- icy as an additional insured with re- spect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any in- sured, other than that additional in- sured; or (111) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the han- dling, storage, disposal, processing or treatment of 'waste"; (c) Which are or were at any time trans- ported, handled, stored, treated, dis- posed of, or processed as "waste" by or for: (i) Any insured; or (it) Any person or organization for whom you may be legally responsible; or Page 2 of 16 Includes copyrighted material of ISO Properties, Form 11 Inc., with its permission Ri,Je AtvmganmE IX�idwt REvEwm 6 APPRovm Sr ®. ® Risk Managemen[Malys[ aosi asr3 I r"�a;a a,—wc,n.,ic an I oz a 11,..._o i ,s as_as ." T, I =a 3 �,_ zs This certificate cancels and s,vd,cedce ALL p aou li issued cctiEl,stes. (d) At or from any premises, site or location (a) Request, demand, order or statutory or on which any insured or any contractors regulatory requirement that any insured or subcontractors working directly or in- or others test for, monitor, clean up, re - directly on any insured's behalf are per- move, contain, treat, detoxify or neutral - forming operations if the "pollutants" are ize, or in any way respond to, or assess brought on or to the premises, site or lo- the effects of, "pollutants"; or cation in connection with such opera- (b) Claim or "suit' by or on behalf of a gov- tions by such insured, contractor or ernmental authority for damages be - subcontractor. However, this subpara- cause of testing for, monitoring, clean - graph does not apply to: ing up, removing, containing, treating, (I) "Bodily injury" or "property damage" detoxifying or neutralizing, or in any way arising out of the escape of fuels, responding to, or assessing the effects lubricants or other operafing fluids of, "pollutants". which are needed to perform the However, this paragraph does not apply to normal electrical, hydraulic or me- liability for damages for "property damage" chanical functions necessary for the that the insured would have in the absence operation of "mobile equipment' or of such request, demand, order or statutory its parts, if such fuels, lubricants or or regulatory requirement, or such claim or other operating fluids escape from a "suit' by or on behalf of a governmental au - vehicle part designed to hold, store thority. or receive them. This exception does not apply if the "bodily injury" or g. Aircraft, Auto Or Watercraft "property damage" arises out of the "Bodily injury" or "property damage" arising out intentional discharge, dispersal or re- of the ownership, maintenance, use or en - lease of the fuels, lubricants or other Wstment to others of any aircraft, "auto" or wa- operating fluids, or if such fuels, lub- tercraft owned or operated by or rented or ricants or other operating fluids are loaned to any insured. Use includes operation brought on or to the premises, site or and "loading or unloading". location with the intent that they be This exclusion applies even if the claims discharged, dispersed or released as against any insured allege negligence or other part of the operations being per- wrongdoing in the supervision, hiring, employ - formed by such insured, contractor ment, training or monitoring of others by that or subcontractor; insured, if the "occurrence" which caused the (It) "Bodily injury" or "property damage" "bodily injury" or "property damage" involved sustained within a building and the ownership, maintenance, use or entrust - caused by the release of gases, ment to others of any aircraft, "auto" or water - fumes or vapors from materials craft that is owned or operated by or rented or brought into that building in connec- loaned to any insured. tion with operations being performed This exclusion does not apply to: by you or on your behalf by a con- tractor or subcontractor; or (1) A watercraft while ashore on premises you rrr "Bodilyinjury" or "property dama a ( ) I own or rent; ,kg arising out of heat, smoke or fumes 2 A watercraft you do not own that is: 1 1 from a "hostile fire". (a) Less than 26 feet long; and (e) At or from any premises, site or location (b) Not being used to carry persons or on which any insured or any contractors property for a charge; or subcontractors working directly or in- (3) Parking an "auto" on, or on the ways next directly on any insured's behalf are per- to, premises you own or rent, provided the forming operations if the operations are "auto" is not owned by or rented or loaned to test for, monitor, clean up, remove, to you or the insured; contain, treat, detoxity or neutralize, or in any way respond to, or assess the ef- (4) Liability assumed under any "insured con- fects of, "pollutants". tract' for the ownership, maintenance or (2) Any loss, cost or expense arising out of use of aircraft or watercraft; or any: (5) "Bodily injury" or "property damage" arising out of: Form 10-02-1800 (Rev.6-09) Includes copyrighted material of ISO Properties, Inc., with its permission RukMvsaganentDiwlcn g� eflEVI &APPROVED BY: Jill Risk Management Malys[ 5n113111 1 1,,]seL, Au ome W,, 'I/cs3GV I pr-,a 6 I 1 1, I II ,, ,0 W :P TI I ia'. a of -- This certificate cancels and supersedes ALL pieviuusly issued certificates. (a) The operation of machinery or equip- ment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or fi- nancial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph i(2) or f.(3) of the definition of "mobile equip- ment". h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontrac- tors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those op- erations; or (6) That particular part of any property that must be restored, repaired or replaced be- cause "your work" was incorrectly per- formed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the con- tents of such premises, rented to you for a pe- riod of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Prem- ises Rented To You as described in Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are 'your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclu- sion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". j. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. k. Damage To Your Work "Property damage" to"your work" arising out of it or any part of it and included in the "products - completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a sub- contractor. 1. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dan- gerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. m. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or ex- pense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, re- placement, adjustment, removal or disposal of (1) "Your product"; (2) "Your work"; or (3) "Impaired property", if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. n. Personal And Advertising Injury "Bodily injury" arising out of "advertising injury' or "personal injury". Page 4 of 16 Includes copyrighted material of ISO Properties, Inc., with its permission Form 1 aenEwm &MraaV® sv: '� Bisk Management Analyst e,Iles E9 !'I /Ad JMa -I1I IN rya v I L­ _ a 1, 21 1 eV 3o Y' -_ This c tifica Ee Cancels and s pe-, sedes A L p-evxouly issued c_r-ificates s o o. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks. CD-ROMS, tapes, drives, cells, data pro- cessing devices or any other media which are used with electronically controlled equipment Exclusions c. through in. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay damages that the insured be- comes legally obligated to pay for "advertising injury' or 'personal injury" to which this insur- ance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seek- ing damages for "advertising injury" or 'per- sonal injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insur- ance in the payment of judgments or set- tlements under Coverages A or B or medi- cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "advertising injury' or "personal injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Advertising injury" or "personal injury' arising out of an offense committed by or on behalf of the insured, that: (1) Is intended by such insured; or (2) Would be expected from the standpoint of a reasonable person in the circumstances of such insured; to cause injury. b. Publications With Knowledge Of Falsity "Advertising injury" or 'personal injury" arising out of any electronic, oral, written or other pub- lication of content or material by or with the consent of the insured: (1) With knowledge of its falsity; or (2) If a reasonable person in the circumstances of such insured would have known such content or material to be false. c. Prior Offenses "Advertising injury" or 'personal injury" arising out of any offense first committed before the beginning of the policy period. d. Crime Or Fraud "Advertising injury" or "personal injury" arising out of any criminal or fraudulent conduct com- mitted by or with the consent or knowledge of the insured. e. Contracts "Advertising injury" or "personal injury" for which the insured is obligated to pay damages by reason of assumption of liability in a con- tract or agreement. This exclusion does not apply to the liability for damages: (1) That such insured would have in the ab- sence of such contract or agreement; or (2) Assumed in a written contract or agreement that is an "insured contract, provided the "advertising injury" or "personal injury" to which this insurance applies is caused by an offense first committed after the execu- tion of such contract or agreement. f. Breach Of Contract "Advertising injury" or "personal injury" arising out of breach of contract. g. Failure To Conform To Representations Or Warranties "Advertising injury" or "personal injury" arising out of the failure of goods, products or services to conform with any electronic, oral, written or other representation or warranty of durability, fitness, performance, quality or use. Forth 10-02-1800 (Rev.6-09) Includes copyrighted material of ISO Properties, Inc., with its permission 6051e569 1 z0/2lGL/AU/OMB/wc/1M/czanH oe"x xux 13/s/2o21 10:25=30 M] tear) 1 Qa9e 6 0- u This certificate cancels and supersedes ALL previously issued certificates. R Ew & APPROVED Br. I �' Risk Management Analyst h. Wrong Description Of Prices "Advertising injury" or "personal injury" arising out of the wrong description of the price of goods, products or services. 1. Media Type Businesses "Advertising injury" or "personal injury" arising out of an offense committed by or on behalf of an insured whose business is advertising, broadcasting, cablecasting, publishing, tele- casting or telemarketing. This exclusion does not apply to "personal inju- ry" caused by an offense described in Para- graphs 21. a., b. and c. of the definition of "personal injury" under the Definitions Section. J. Internet Activities "Advertising injury" or "personal injury" arising out of: (1)Controlling, creating, designing or develop- ing of another's Internet site; (2) Controlling, creating, designing, developing, determining or providing the content or ma- terial of another's Internet site; (3) Controlling, facilitating or providing, or failing to control, facilitate or provide, access to the Internet or another's Internet site; or (4) Publication of content or material on or from the Internet, other than material developed by you to or at your direction. k. Continuing Offenses "Advertising injury" or "personal injury" that arises out of that part of an offense that contin- ues or resumes after the later of the end of the policy period of. (1)This insurance; or (2)A subsequent, continuous renewal or re- placement of this insurance, that: (a) Is issued to you by us or by an affiliate of ours; (b) Remains in force while the offense con- tinues;and (c) Would otherwise apply to "advertising injury" and "personal injury". I. Pollution "Advertising injury" or "personal injury" arising out of the actual, alleged or threatened dis- charge, dispersal, seepage, migration, release or escape of "pollutants" at any time. m. Pollution -Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a govern- mental authority for damages because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying or neu- tralizing, or in any way responding to, or assessing the effects of, "pollutants". COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "cover- age territory" and during the policy peri- od; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examina- tion, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the ap- plicable limit of insurance. We will pay reason- able expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devic- es; and (3) Necessary ambulance, hospital, profes- sional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. Page 6 of 16 Includes copyrighted material of ISO Properties, Form 1l Inc., with its permission RiskMotaganad Diw.lan REMEwm s APPRovED er. �'. ® Risk Managemen[Mrlys[ oosl9s 9 1'�!a] d, C [r✓lr. O _c _ I , u cat ,, -aoe S 21 This certificate cancels and 1pe-sedss�ALL previomly issued el Ll Eicates ? c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occu- pies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. 9. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. L Products -Completed Operations Hazard Included within the "products -completed opera- tions hazard". g. Coverage A Exclusions Excluded under Coverage A. COVERAGE FORM EXCLUSIONS The following exclusions apply to all Coverages in this Coverage Form and all endorsements attached to it. 1. Asbestos, Silica or Similar Compounds, Including Mixed Dust a. This insurance does not apply to any damages, loss, cost or expense arising out of the actual, alleged or threatened contaminative, pathogen- ic, toxic or other hazardous properties of: (1) "Asbestos"; (2) "Silica"; or (3) "Mixed dust". b. This insurance does not apply to any damages, loss, cost or expense arising, in whole or in part, out of any: (1) Demand, order, request or regulatory or statutory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess; or (2) Claim or proceeding by or on behalf of a governmental authority or others for any damages, loss, cost or expense because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying or neu- tralizing, or in any way responding to, or as- sessing; the effects of "asbestos", "silica" or "mixed dust". 2. Employment -Related Practices This insurance does not apply to any damages, loss, cost or expense sustained at any time by: a. Any person, whether or not sustained in the course of employment by any insured, arising out of any employment -related act, omission, policy, practice or representation directed at such person, occurring in whole or in part at any time, including any: (1) Arrest, detention or imprisonment; (2) Breach of any express or implied cove- nant; (3) Coercion, criticism, humiliation, prosecu- tion or retaliation; (4) Defamation or disparagement; (5) Demotion, discipline, evaluation or reas- signment; (6) Discrimination, harassment or segrega- tion; (7) (a) Eviction; or (b) Invasion or other violation of any right of occupancy; (8) Failure or refusal to advance, compensate, employ or promote; (9) Invasion or other violation of any right of privacy or publicity; (10)Termination of employment; or (11)Other employment -related act, omission, policy, practice, representation or relation- ship in connection with any insured at any time. b. The brother, child, parent, sister or spouse of such person at whom any employment -related act, omission, policy, practice or representation is directed, as described in paragraph a. above, as a consequence thereof. This exclusion applies: 1. Whether the insured may be liable as an em- ployer or in any other capacity; and ii. To any obligation to share damages with or repay someone else who must pay damages because of any of the foregoing. 3. Enhancement, Maintenance or Prevention Ex- penses This insurance does not apply to any loss, cost or expense incurred by you or others for any: a. Enhancement or maintenance of any property; or b. Prevention of any injury or damage to any: (1) Person or organization; or (2) Property you own, rent or occupy. Form 10-02-1800 (Rev. 6.09) Includes copyrighted material of ISO Properties, Inc., with its permission Risk Mmagmad Division s°% RwM & ArrRavm ft ®' Rnk Management Analyst bos las69 oI,I_L s,,u,,.I C1,,/cre^3 I "e-,a _ 13/SRO1I l 0 , � I l] 1'sr. I -9e 9'his certificate cancels and supersedes ALL previously issued certificates. 4. Fungi or Bacteria This Insurance does not apply to: a. "Bodily injury', "property damage", "personal injury" or "advertising injury" arising out of the actual, alleged or threatened contaminative, pathogenic, toxic or other hazardous properties of 'fungi" or bacteria. b. Any damages, loss, cost or expense arising out of any: (1) Demand, order, request or regulatory or statutory requirement that any insured or others test for, monitor, dean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess; or (2) Claim or proceeding by or on behalf of a governmental authority or others for any damages, loss, cost or expense because of testing for, monitoring, cleaning up, re- moving, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing; the effects of 'fungi" or bacteria. S. Information Distribution Laws This insurance does not apply to any damages, loss, cost or expense arising out of any actual or alleged violation of: a. The United States of America CAN-SPAM Act of 2003 or any law amendatory thereof; b. The United States of America Telephone Con- sumer Protection Act (TCPA) of 1991 or any law amendatory thereof; or c. Any other ordinance, regulation or statute relat- ing to communicating, distribution, publication, sending or transmitting of content, information or material. 6. Intellectual Property Laws and Rights This insurance does not apply to any damages, loss, cost or expense arising out of, giving rise to or in any way related to any actual or alleged: a. Assertion; or b. Infringement or violation; by any person or organization (including any insured) of any 'intellectual property law or right, regardless of whether this insurance would otherwise apply to all or part of any such actual or alleged injury or damage in the absence of any such actual or alleged assertion, infringement or violation. This exclusion applies, unless such injury: (1) Is caused by an offense described in the defini- tion of 'advertising injury"; and (2) Does not arise out of, give rise to, or in any way relate to any actual or alleged assertion, infringement or violation of any "intellectual property law or right", other than one described in the definition of 'advertising injury". 7. Lead a. This insurance does not apply to any damages, loss, cost or expense arising out of the actual, alleged or threatened contaminative, pathogenic, toxic or other hazardous properties of 'lead". b. This insurance does not apply to any damages, loss, cost or expense arising, in whole or in part, out of any: (1) Demand, order, request or regulatory or statutory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess; or (2) Claim or proceeding by or on behalf of a governmental authority or others for any damages, loss, cost or expense because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying or neu- tralizing, or in any way responding to, or as- sessing; the effects of 'lead'. 8. War This insurance does not apply to any damages, loss, cost or expense, however caused, arising, di- rectly or indirectly, out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including ac- tion in hindering or defending against an actual or expected attack, by any government, sover- eign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental author- ity in hindering or defending against any of these. SUPPLEMENTARY PAYMENTS —COVERAGES A AND B We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: 1. All expenses we incur. 2. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. 3. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of in- surance. We do not have to furnish these bonds. Page 8 of 16 Includes copyrighted material of ISO Properties, Form 1i Inc., with its permission Ride Meugemmt Division <93 �i. Revs r ® iArw+wer. !�� FIA* na e Z vit'vd ® Risk Management Malyst ')stas I zs'.ic ns ,me we iic-e a I os_ea ` I i s '- i i _s_, •_ This cer[ ficate ncels and supersedes ALL pueviou 11 ssaed�c rtif3cates o 4. All reasonable expenses incurred by the insured at our request to assist us in the investigation or de- fense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. 5. All court costs taxed against the insured in the "suit'. However, these payments do not include at- torneys' fees or attorneys' expenses taxed against the insured. 6. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. 7. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur- ance. SECTION II — WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are in- sureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an in- sured. Your members, your partners, and their spouses are also insureds, but only with re- spect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their du- ties as your officers or directors. Your stock- holders are also insureds, but only with respect to their liability as stockholders. 9. A trust, you are an insured. Your trustees are also insureds, but only with respect to their du - gas as trustees. 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or lim- ited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury", "advertising injury" or "per- sonal injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited li- ability company), to a co -"employee" while in the course of his or her em- ployment or performing duties related to the conduct of your business, or to your other "volunteer workers" while perform- ing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or 'volun- teer worker" as a consequence of Para- graph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages for the in- jury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or con- trol of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability com- pany). b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and Form 10-02-1800 (Rev. 6-09) Includes copyrighted material of ISO Properties, Inc., with its permission Ruk MatmRement DFrinian ° + RE\4=S APPROVaJBY: g f4.W,:K Z VtfLf Managernen[Malyst 6os1e s63 1p/3 1u�1l,../WC/Ls/CYsPP I Dena K—u- I 3;5,20zl 1],'_sa1 As ISM I Page 10 0` 3l This certi Eicate cancels and supersedes ALL previously issued certificates. (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That repre- sentative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named In- sured if there is no other similar insurance availa- ble to that organization. However,coverage under this provision is afforded only until the 90th day af- ter you acquire or form the organization or the end of the policy period, whichever is earlier. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. No person or organization is an insured with respect to the: a. Ownership, maintenance or use of any assets; or b. Conduct of any person or organization whose assets, business or organization; you acquire, either directly or indirectly, for any: a. "Bodily injury" or "property damage" that occurred; or b. "Advertising injury" or "personal injury" arising out of an offense first committed; in whole or in part, before you, directly or indirectly, acquired such assets, business or organization. SECTION III — LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re- gardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of. a. Medical expenses under Coverage C; and b. Damages under Coverage A, except damages for "bodily injury" or "property damage" includ- ed in the "products -completed operations haz- ard". 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages for "bodily injury' and "property damage" included in the "products -completed operations hazard". 4. The Personal and Advertising Injury Aggregate Limit is the most we will pay for the sum of dam- ages under Coverage B. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C for all "bodily injury" and "property damage" arising out of anyone "occurrence". 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages for "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with per- mission of the owner. 7. Subject to Paragraph 5. above, the Medical Ex- pense Limit is the most we will pay under Cover- age C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV —COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obliga- tions under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent pos- sible, notice should Include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. Page 10 of 16 Includes copyrighted material of ISO Properties, Inc., with its permission Form 1f RukllrrmeenlmtDiWeian REmEwm S APPRovm Or Ruk Management Analyst s 0 l 13 5n Y D;.1.. i ,Jte' c;a 'i I):. i 1 1 J ]a .V lag, 11 �_ _1 This sifi,ate cancels and persedes ALL previo issued e t'Eicates You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured for injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit' asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ants legal representative. 4. Otherinsurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverag- es A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Para- graph b. below applies. If this insurance is pri- mary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insur- ance by the method described in Paragraph c. below. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builders Risk, Installation Risk or similar coverage for "your work"; (it) That is Fire insurance for premises rented to you or temporarily occu- pied by you with pemtission of the owner; (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rent- ed to you or temporarily occupied by you with permission of the owner; or (iv) If the loss arises out of the mainte- nance or use of aircraft, "autos" or watercraft (b) Any other primary insurance available to you covering liability for damages aris- ing out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit'. If no other insurer de- fends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) 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 in- surance. (4) We will share the remaining loss, if any, with any other Insurance that is not de- scribed 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. Form 10-02-1800 (Rev. 6-09) Includes copyrighted material of ISO Properties, Inc., with its permission Rie k Managar,eN. Dlvhimt REVIe�o & APPRcam By., ]YIf.11JY':L' r4m, -:w R. W44rict• �' Ruk ManagementA eIyst I .-Sias s I '--/-te-./nu nna, c/crc/ceaa.¢ I Dena s ' vz- '. 'S 3D .an sT) ' « 1'_ of 21 This certificate cancels and supersedes P.LL orevviously issued oe r ti Eicstes. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method al- so. Under this approach each insurer contrib- utes equal amounts until it has paid its appli- cable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable lim- it of insurance to the total applicable limits of insurance of all insurers. S. Premium Audit a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. b. We may audit your books and records as they relate to this insurance at any time during the term of this policy and up to three years after- wards. c. The first Named Insured must keep records of the information we need for premium computa- tion, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accu- rate and complete; b. Those statements are based upon representa- tions you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this in- surance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit' is brought. 8. Transfer Or Waiver Of Rights Of Recovery Against Others To Us We will waive the right of recovery we would oth- erwise have had against another person or organ- ization, for loss to which this insurance applies, provided the insured has waived their rights of re- covery against such person or organization in a contract or agreement that is executed before such loss. To the extent that the insured's rights to recover all or part of any payment made under this Cover- age Part have not been waived, those rights are transferred to us. The insured must do nothing af- ter loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Coverage C 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi- ration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement' means an electronic, oral, written or other nofice, about goods, products or services, designed for the specific purpose of attracting the general public or a specific market segment to use such goods, products or services. 'Advertisement' does not include any e-mail ad- dress, Internet domain name or other electronic address or metalanguage. 2. "Advertising injury" means injury, other than "bodi- ly injury", "property damage" or "personal injury", sustained by a person or organization and caused by an offense of infringing, in that particular part of your "advertisement" about your goods, products or services, upon their: a. Copyrighted "advertisement"; or b. Registered collective mark, registered service mark or other registered trademarked name, slogan, symbol or title. 3. "Asbestos" means asbestos in any form, including its presence or use in any alloy, by-product, com- pound or other material or "waste". 4. "Auto" means: a. A land motor vehicle, trailer or semitrailer de- signed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equip- ment'. 5."Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease; Page 12 of 16 Includes copyrighted material of ISO Properties, Inc., with its permission Form 1 Ault Mmagemod Division RmEwe] & APPR�Q�V�m 9Y.' F-l.a.a..,44 Z V:� ,c ® Risk Management Analyst 9o51a5 9 I 1 3-, su, .,./WC nNCY e' I oe[,a a 1 3 S/20 1 1.'3 "1 :N , oe 11 .11 This cent f'-ate ca cels and supersedes ALL nrev,cusly issued ce_titicates. sustained by a person, including resulting death, humiliation, mental anguish, mental injury or shock at any time. All such loss shall be deemed to oc- cur at the time of the physical injury, sickness or disease that caused it. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or dam- age arises out of. (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Advertising injury" or "personal injury" offenses that take place through the Inter- net or similar electronic means of commu- nication provided the insured's responsibility to pay dam- ages is determined in a "suit' on the merits, in the territory described in Paragraph a. above or in a settlement we agree to. 7. "Employee" includes a "leased worker". "Employ- ee" does not include a "temporary worker". 8. "Executive officer" means a person holding any of the officer positions created by your charter, con- stitution, by-laws or any other similar goveming document. 9. "Fungi means any type or form of fungus, includ- ing mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. 10:'Hostile fire" means one which becomes uncontrol- lable or breaks out from where it was intended to be. 1 V'Impaired property" means tangible property, other than "your product' or "your work", that cannot be used or is less useful because: a. It incorporates 'your product' or 'your work" that is known or thought to be defective, defi- cient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the re- pair, replacement, adjustment or removal of "your product' or "your work" or your fulfilling the terms of the contract or agreement. 12."Insured contract' means: a. A contract for a lease of premises. However, that portion of the contract for a lease of prem- ises that indemnifies any person or organiza- tion for damage by fire to premises while rent- ed to you or temporarily occupied by you with permission of the owner is not an "insured con- tract'; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily inju- ry" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifi- cations; or (b) Giving directions or instructions, or failing to give them, fi that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the in- sured's rendering or failure to render pro- fessional services, including those listed in (2) above and supervisory, inspection, ar- chitectural or engineering activities. Forth 10.02-1800 (Rev. 6-09) Includes copyrighted material of ISO Properties, Inc., with its permission 6e518569 120/21GL/AO/ua3/WC/IDi/CYEER I Eena Hera 1 3/5/2021 10:35_3" M IPST) I Page L" of 21 This certificate cancels and supersedes ALL previously issued certificates. lUek Meugenmt DMdmt RLvee&ED 6 APPRam Br. 0® Risk Management Malyst 13. "Intellectual property law or right" means any: a. Certification mark, copyright, patent or trade- mark (including collective or service marks); b. Right to, or judicial or statutory law recognizing an interest in, any trade secret or confidential or proprietary non -personal information; c. Other right to, or judicial or statutory law rec- ognizing an interest in, any expression, idea, likeness, name, slogan, style of doing busi- ness, symbol, title, trade dress or other intel- lectual property; or d. Other judicial or statutory law concerning pira- cy, unfair competition or other similar practices. 14. "Lead" means the element lead in any form, in- cluding its presence or use in any alloy, by- product, compound or other material or "waste". 16."Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker' does not include a "temporary worker". 16."Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, water- craft or "auto" to the place where it is finally de- livered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not at- tached to the aircraft, watercraft or "auto". 17. "Mixed dust" means any combination or mixture of "asbestos" or "silica" and any other dust, fibers or particles, in any form, including any presence or use in any alloy, by-product, compound or other material or "waste . 16."Mobile equipment" means any of the following types of land vehicles, including any attached ma- chinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the follow- ing types: (1) Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or car- go. However, self-propelled vehicles with the fol- lowing types of permanently attached equip- ment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehi- cle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "au- tos". 19."Occurrence" means an accident, including con- tinuous or repeated exposure to substantially the same general harmful conditions. 20. "Personal and advertising injury" means a. "Advertising injury"; or b. "Personal injury". 21. "Personal injury" means injury, other than "bodily injury", "property damage" or "advertising injury", caused by an offense of Page 14 of 16 Includes copyrighted material of ISO Properties, Inc., with its permission Forth 1 RuleAlougemad Dixdwl - " R�nex�m S AwRaAD Br. ru � Z V&4,4d E Ruk Management Anatpt S 11 L I. s6 9 ",e1GL,,11 _m-I, WCI11a1 ttl ER I L'e.a i 5 ') 1 lo. a'.3" ev ISTI I Bage 15 :,: 21 71iis certiEicate cancels and supersedes ALL previously sued certif,cates. a. False arrest, false detention or other false im- prisonment; b. Malicious prosecution; c. Wrongful entry into, wrongful eviction of a person from or other violation of a person's right of private occupancy of a dwelling, prem- ises or room that such person occupies, if committed by or on behalf of its landlord, les- sor or owner; or d. Electronic, oral, written or other publication of material that: (1) Libels or slanders a person or organiza- tion (which does not include disparage- ment of goods, products, property or ser- vices); or (2) Violates a person's right of privacy. 22."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, adds, alkalis, chemicals and .waste". 23."Products-completed operations hazard": a. Includes all "bodily injury" and "property dam- age" occurring away from premises you own or rent and arising out of "your produce' or 'your work" except: (1) Products that are still in your physical pos- session; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the fol- lowing times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your con- tract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equip- ment or abandoned or unused materials; or (3) Products or operations for which the classi- fication, listed in the Declarations or in a policy schedule, states that products - completed operations are subject to the General Aggregate Limit. 24."Property damage" means a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it: or Jill Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occur- rence" that caused it. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from oom- puter software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically con- trolled equipment. 26. "Silica" means silica in any form (including sili- cates or other similar silicon compounds), includ- ing its presence or use in any alloy, by-product, compound or other material or "waste". 26."Suit" means a civil proceeding in which damages for "bodily injury', "property damage" or "personal and advertising injury" to which this insurance ap- plies are alleged. "Suit" includes: a. An arbitration proceeding in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; or Work that may need service, maintenance, b. Any other alternative dispute resolution pro - correction, repair or replacement, but which ceeding in which such damages are claimed is otherwise complete, will be treated as and to which the insured submits with our con - completed. sent. b. Does not include "bodily injury' or "property 27."Temporary worker" means a person who is fur - damage" arising out of: nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. Forth 10-02-1800 (Rev. 6-09) Includes copyrighted material of ISO Properties, Inc., with its permission 6DS18569 13G/21GL/.4ll/uM3/NC/Im/-Y3Fs I Dena RazC 1 3/5,2021 10,25:3o .N9 12sT, 12a9e 16 of x1 This certificate cancels and supersedes ALL previously issued certificates. RiekMowgonad DWiun Rtvit:wFnSnrvRov®By: Feu Z Vitwe' I Ruk Management Analyst 28."Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 29. 'Waste' includes material to be recycled, recondi- tioned or reclaimed. 30. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, dis- tributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose busi- ness or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, du- rability, performance or use of "your prod- uct"; and (2) The providing of or failure to provide wam- ings or instructions. c. Does not include vending machines or other property rented to or located for the use of oth- ers but not sold. 31. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, du- rability, performance or use of 'your work", and (2) The providing of or failure to provide warn- ings or instructions. Page 16 of 16 Includes copyrighted material of ISO Properties, Inc., with its permission Form 1 Risk MouganerADMsian REvir=wEn & APPRovm BY: �. ® Risk Managemen[Malyst 5 �]513563 I IS,21G-/A L4,3/WC/IM/ CY9ER I De - ' 1 3,1,20 1 11 'S 30 PP_ (IS Tl I AA, 1 This ces.i Eicate cancels and supersedes ALL previously issued certificates South Coast Mechanical, Inc. South Coast Electrical, Inc. POLICY NUMBER: A0147343-003 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Blanket as required by written contract. Blanket as required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 - Who Is An Insured is amended to include as an additional insured the persons) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 2010 0413 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after. 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. © Insurance Services Office, Inc., 2012 60s18563 1 - 0i2ICLjAli 1.11 ac I IMI1z.El I oe— i 1 315r2" 11 10:25'.30 AF 'r. 1 26ge le of 21 This certificate Cancels and supersedes ALL previously issued certificates. Rho Management. D[viehn REVIEWED & APPROVED Sr. Ruk Management Analyst , ,. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured Is the amount of insurance: 1. Required by the contractor agreement; or Paqe 2 of 2 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 R1,1MvwgmientDMsian eREe/IEwED & APPRO�V/m By., ®'. ® Ruk Management Matyst 6o1ze119 I uena x,.— j s/s/zozz sc:zs:zo An I-M I aaoe 19 0: zl This certi Eicate cancels and supersedes ALL previously issued certificates. South Coast Mechanical, Inc. South Coast Electrical, Inc. POLICY NUMBER: A0147343-003 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Blanket as required by written contract. Blanket as required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such addifional insured. CG 20 37 0413 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 Fie ne P V<[GHuC Risk Managem t Analyst sostesea I '//'1G�/.AI/OMB/WC/Ihl/CY314 I oe.a a z 1 l/slzon 11 21 11 . PSI, 195ye ao .n a This certificate cancels and supersedes ALL previously 1ssued certifi Cates. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 99 03 04 (Ed. 7- 08) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 05/01/2020 at 12:01 A. M. standard time, forms a part of (DATE) Policy NO. 54309689 of the Federal Insurance Company Issued t0 South Coast Mechanical, Inc. South Coast Electrical. Inc. Endorsement No. Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for the blanket waiver offered by this endorsement shall be 0.00 % of total California premium. Schedule Person or Organization Blanket as required by written contract. WC 99 03 04 (Ed. 7-08) Job Description Blanket as required by written contract. RldrMnugemarE DiWdwr REVIEWM& Aevaav® fir Risk �, F�GN� i;. V:UicllfG ® Risk Management Analyst nI'1111I 1 '11.-li JMa _c, I,VI R I o -,a a1 1,1/21 ." a' 1 t ,"_ iS 12aoe 2f 0_ 2, This certificate cancels and supersedes Aru previousl, issued ce tif- aces. �OR�® CERTIFICATE OF LIABILITY INSU g I e411iz0'_3 Digitally signed b A"WL% A d THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO iL;AiZ ti+�LDER.-THfS- CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER H EWOVAN POOW" BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUIN;; INSURERS), 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 LOckton Companies CONTACT 444 W. 47th Street, Suite 900 PHONE FAX IAIKansas City MO 64112-1906 E-MAIL o Ext : tA/C No): (816)960-9000 ADDRESS: ketsu@1ockton.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Greenwich Insurance Company 22322 INSURED SOUTH COAST MECHANICAL, LLC INSURER B : The Cincinnati Insurance Company 10677 1471587 SOUTH COAST ELECTRICAL, INC. INSURER C: XL Insurance America, Inc. 24554 800 E. ORANGETHORPE AVE. INSURER D : Steadfast Insurance Company 26387 ANAHEIM CA 92801-1123 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER! I RAI 115A REVISION NUMBER! XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL S ^BR POLICY NUMBER MM D POLICY EFF MM DI DYE LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y RGD300147503 4/1/2022 4/1/2023 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X{ OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence), $ 500,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000000 POLICY ECT LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: A AUTOMOBILE LIABILITY Y Y RAD943796403 4/1/2022 4/1/2023 „CO aBINEDtSINGLE LIMIT(Ep $ 5,000., 000 X ANY AUTO BODILY INJURY (Per person) $ XXXXXXX OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE (Per accident) $XXXXXXX HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $XXXXXXX B X UMBRELLA LIAB X OCCUR N N EXS0572000 4/1/2022 4/1/2023 EACH OCCURRENCE $ 5,000 000 X H AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ XXXXXXX C C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? N (Mandatoryin NH) N / A Y RWD3001476-03 STOP GAP: ND, OH, WA, WY 4/1/2022 4/1/2023 OT- X STATUTE EERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D POLLUTION & PROF. N N E005833423-10 4/1/2022 4/1/2023 OCCURRENCE: $10,000,000 LIAB AGGREGATE: $10,000,000 PROPERTY (IF) LIMIT: $1,500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD101, Additional Remarks Schedule, may be attached if more space is required) RE: INSURED'S WORK/SERVICES; THE CITY OF SANTA ANA, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS ARE ADDITIONAL INSUREDS FOR GENERAL LIABILITY, AUTO LIABILITY, PRIMARY/NON-CONTRIBUTORY; WAIVER OF SUBROGATION FOR GENERAL LIABILITY, AUTO LIABILITY, WORKERS COMPENSATION; PER ATTACHED ENDORSEMENTS. CERTIFICATE HOLDER CANCELLATION See Attachments 18621354 CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE RISK MANAGEMENT DIVISION THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 CIVIC CENTER PLAZA, 4TH FLOOR ACCORDANCE WITH THE POLICY PROVISIONS. SANTA ANA CA 92701 AUTHORIZED REPRESENTATIV . Ir/ REVIEWED&APPROVED BY.- O 1988 � 015 ACORD o ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD e Aeevaa �--'� Risk Management Specialist Attachment Code: D581756 Certificate ID: 18621354 POLICY NUMBER: RGD300147503 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization where required by written contract provided that such contract was executed prior to the date of loss. All Locations as required per written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage' occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Risk Munmwd Dhisian E o N,`P' REVIEWED & APPROVED BY: e e '�--'Risk Management Specialist Attachment Code: D581754 Certificate ID: 18621354 POLICY NUMBER: RGD300147503 COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Any person or organization where required by written contract provided that such contract was executed prior to the date of loss. Location And Description Of Completed Operations All Locations as require per written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Any person or organization where required by written contract provided that such contract was executed prior to the date of loss. All Locations as required per written contract. Risk Munmwd Dhisian E o N,`0' REVIEWED & APPROVED BY: e e '�--'Risk Management Specialist Attachment Code: D581757 Certificate ID: 18621354 POLICY NUMBER: RAD943796403 ENDT EFF/EXP DATE: 4/1/2022 4/1/2023 XIC 411 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM A. COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured, is amended to include as an "insured" any person or organization you are required in a written contract to name as an additional insured, but only for "bodily injury" or "property damage" otherwise covered under this policy caused, in whole or in part, by the negligent acts or omissions of: You, while using a covered "auto"; or Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered "auto" with your permission; Provided that: a. The written contract is in effect during the policy period of this policy; b. The written contract was signed by you and executed prior to the "accident" causing "bodily injury" or "property damage" for which liability coverage is sought; and Such person or organization is an "insured" solely to the extent required by the contract, but in no event if such person or organization is solely negligent. B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event shall the Limits of Insurance set forth in this policy be increased by the contract. C. General Conditions, Other Insurance is amended as follows: Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such insurance is primary, excess, contingent or on any other basis unless the contract specifically requires that this policy be primary. All terms, conditions, exclusions and limitations of this policy shall apply to the liability coverage provided to any additional insured, and in no event shall such coverage be enlarged or expanded by reason of the contract. All other terms and conditions of this policy remain unchanged. RAMuaigmadDlMsian Z REVIEWED & RPPROVED BY: XIC 411 1013 C:) 2013 X.L. America, Inc. All Rights Reserved. May not be copied without permission. — Ri5kManagement Specialist Includes copyrighted material of Insurance Services Office, Inc., with its p Attachment Code: D566728 Certificate ID: 18621354 ENDORSEMENT # This endorsement, effective 12:01 a.m., 4/1/2022, forms a part of Policy No. RGD300147503 issued to SOUTH COAST MECHANICAL, LLC by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged ©, 2005, XL America, Inc. RAMwugemadDiMsian E oy N,`P' REVIEWED & APPROVED BY: e Aeevaa '�--'Risk Management Specialist Attachment Code: D591606 Certificate ID: 18621354 COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance B. The following is added to the Other Insurance Condition Condition in the Business Auto Coverage Form and in the Auto Dealers Coverage Form and supersedes any the Other Insurance — Primary And Excess provision to the contrary: Insurance Provisions in the Motor Carrier This Coverage Form's Covered Autos Liability Coverage Coverage Form and supersedes any provision to the and General Liability Coverages are primary to and will contrary: not seek contribution from any other insurance available This Coverage Form's Covered Autos Liability to an "insured" under your policy provided that: Coverage is primary to and will not seek contribution 1. Such "insured" is a Named Insured under such other from any other insurance available to an "insured" insurance; and under your policy provided that: You have agreed in writing in a contract or agreement that 1. Such "insured" is a Named Insured under such this insurance would be primary and would not seek other insurance; and contribution from any other insurance available to such 2. You have agreed in writing in a contract or "insured". agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Ride Muaigmad DlMsian E REVIEWED & APPROVED BY: e Aeevaa '�--'Risk Management Specialist Miscellaneous Attachment: M499918 Certificate ID: 18621354 POLICY NUMBER: RG D 300147503 COMMERCIAL GENERAL LIABILITY CG 24 04 OS 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. © ISO Properties, Inc. Ride Muagmad DlMsian ZREVIEWED & APPROVED BY. e Aeevaa '�--'Risk Management Specialist Attachment Code: D507309 Certificate ID: 18621354 POLICY NUMBER: RAD943796403 CA04441013 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: SOUTH COAST MECHANICAL, LLC SOUTH COAST ELECTRICAL, INC. Endorsement Effective Date: 4/1/2022 Schedule Name(s) Of Person(s) Or Organization(s): Any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. RAMwiagemadDiMsian E o � N,`0' REVIEWED & APPROVED BY: e Aeevaa '�--'Risk Management Specialist Attachment Code: D507309 Certificate ID: 18621354 CA04441013 RAMuagmadDIMsian E REVIEWED & APPROVED BY: e Aeevao '�--'Risk Management Specialist Attachment Code: D590796 Certificate ID: 18621354 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Where required by written agreement signed prior to loss. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured RWD3001476-03 Premium Included SOUTH COAST MECHANICAL, LLC Insurance Company Countersigned by XL Insurance America, Inc. WC000313 (Ed. 4-84) 1 1983 National Council on Compensation Insurance. Risk Muagment DlMsian ZREVIEWED & APPROVED BY: e eev Risk Management Specialist NOTICE OF COMPLIANCE CITY STAFF: PRINTTHIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor South Coast Mechanical, Inc. Name: Project A-2021-036-05 Number: Project Contractor Agreement City of Santa Ana -South Coast Name:Mechanical The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: EXPIRATION COI FILE TYPE OF INSURANCEPOLICY NUMBER DATEDATENAME City of AUTOMOBILE LIABILITYRAD94379640404/01/202403/10/2023Santa Ana.pdf City of GENERAL LIABILITYRGD30014750404/01/202403/10/2023Santa Ana.pdf City of POLLUTION / ENVIRONMENTAL E0058334231104/01/202403/10/2023Santa LIABILITY Ana.pdf City of WORKERS COMPENSATION STOPGAPNDOILWAWY04/01/202403/10/2023Santa AND EMPLOYERS' LIABILITY Ana.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 3/30/2023 11:36 AM