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HomeMy WebLinkAboutAGA ENGINEERS, INCINSURANCE ON FILE N-2024-318 WORK MAY PROCEED Ur4liL 11VS SRANCE EXPIRES ,CITY C DATE: J� Z �► 2024 AGREEMENT WITH AGA ENGINEERS, INC. TO PROVIDE ENGINEERING & TRAFFIC SURVEY SERVICES 0' j� W A (Z) THIS AGREEMENT is made and entered into this 28th day of August, 2024 by and �A2oAC-h Pllt� bet> een AGA Engineers, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). Consultant and City are also collectively referred to herein as "Parties" or singularly as a "Party." RECITALS A. On June 28, 2021, the City issued Request for Proposal ("RFP") No. 21-002, by which it sought a qualified consultant to conduct a five-year update of the current engineering and traffic survey for speed limits. B. Consultant provided a timely proposal that was selected by City staff and Agreement No. A-2021-210 was executed on October 19, 2021 for services related to RFP No. 21-002. C. Consultant performed its obligations under Agreement No. A-2021-210, which expired on June 30, 2023- City now desires that Consultant provide additional services to augment the 2023 Citywide Engineering and Traffic Survey previously provided under Agreement No. A-2021-210. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement wi 11 be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant 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 - Consultant's Proposal, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount authorized during the term of this Agreement shall not exceed $22,955.00. Consultant represents that it has performed no services following the expiration of Agreement No. A-2021-210 and is therefore owed no outstanding invoices under said prior Page 1 of 10 Agreement. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. 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. UNNE0129i1 This Agreement shall commence on the date first written above and continue for a one (1) year term, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to a one-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Page 2 of 10 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 Consultant under this Agreement ("Documents & Data'). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractors prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims forinjuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. Minimum Scope and Limit of Insurance Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limitno less than $1,000,000 per accident for bodily injury and property damage. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Professional Liability applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher Page 3 of 10 limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CO 20 37 if a later edition is used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CO 20 01 0413 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require theConsultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide claims -made coverage: Page 4 of 10 • The Retroactive Date must be shown, and must be before the date of the contract or thebeginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature oftherisk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 5 of 10 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. Page 6 of 10 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (1\4-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: AGA Engineers, Inc. 211 Imperial Highway Suite 28 Fullerton, CA 92835 Fax: (714) 992-2883 Attn: Ruben Perales 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not Page 7 of 10 bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services, which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work, which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. Page 8 of 10 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terns 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. [Signatures appear on the following page] Page 9 of 10 SIGNATURE PAGE TO AGREEMENT WITH AGA ENGINEERS, INC. TO PROVIDE ENGINEERING & TRAFFIC SURVEY SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: erk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: onatban T. Martine Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE ._Executive Director Public Works Agency CITY OF SANTA ANA 19. id&-41 C)11.'4� varo Nuriez City Manager AGA ENGINEERS, INC. Chal K. ad m President Page 10 of 10 N"Engineers, July 30, 2024 EXH I BIT A Mr. Zdenek "Zed" Kekula Principal Civil Engineer Public Works Agency —Traffic Engineering City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 RE: Proposal for Additional Services for the 2023 Citywide Engineering and Traffic Survey Dear Mr. Kekula AGA Engineers, Inc. (AGA) is pleased to present to you this Letter Proposal in response to your email dated August 10, 2023, to provide additional services to augment the 2023 Citywide Engineering and Traffic Survey (E&TS). The AGA Team will be headed by Mr. Ruben Perales, Vice President, who will serve as Project Manager and Engineer of Record and will be the City's main contact for the project. Mr. Perales has conducted EUS projects for the Cities of Seal Beach, Gardena, Burbank, Garden Grove, Laguna Niguel, Redondo Beach, Huntington Beach, and Santa Ana. Our proposed scope of services will involve the following: ♦ Conduct a Kick-off Meeting with City staff prior to beginning the project. ♦ Conduct a minimum of 100 radar speed observations, with a minimum of 50 observations for each direction of travel, under free flow traffic conditions at six (6) roadway segments along Santa Ana Boulevard between Raitt Street and Grand Avenue. Construction is currently ongoing along Santa Ana Boulevard for the OC Streetcar. The City will advise when construction activities are completed and traffic has adjusted. ♦ Review all the Santa Ana Boulevard roadway segments for unique roadway characteristics not readily apparent to motorists which would justify decreasing the 851" percentile speed survey data to the maximum reduction permitted under the State established guidelines. This review will be conducted by a registered Traffic Engineer in the State of California. ♦ Identify midblock roadway accidents for the Santa Ana Boulevard survey segments. Midblock roadway accidents are defined as accidents occurring outside of a 150' radius of a signalized intersections within the survey segments. ♦ Calculate the respective accident rates based on the 24-hour bi-directional traffic counts and compare them to the published State average expected accident rates. The State of AGA Engineers, Inc, 211 Imperial Highway, Suite 208, Fullerton, CA 92835 (714) 992-4592 Email: aga@agaengineersinc.com Mr. Zdenek "Zed" Kekula July 30, 2024 Page 2 California Department of Transportation (Caltrans) released the 2020 Crash Data on California State Highways which lists the average accident rates for California roadways. The 2020 published average expected accident rates are as follows: Roadway Type Average Expected Accident Rate Conventional 2 lanes or less (< 45 mph) 1.07 Conventional 2 lanes or less (> 45 mph) 0.61 Undivided 4 lanes (<45 mph) 0.66 Undivided 4 lanes (�! 45 mph) 0.77 Divided 4 lanes (< 45 mph) 0.64 Divided 4 lanes (> 45 mph) 0.93 Divided 5 lanes or more (< 45 mph) 0.75 Divided 5 lanes or more(> 4S mph) 0.87 ♦ Revise the tabular summary of the accident analysis data (E&TS Report Table 1) to include the data for Santa Ana Boulevard identifying the segments with high accident rates (defined as having an accident rate at least 1.5 times above the State average rate). ♦ Present the Santa Ana Boulevard speed survey data in the City -approved template listing the posted speed, 151" percentile speed, 501" (median) percentile speed, 85th percentile speed, 10 mph pace speed, range of all speeds surveyed, and recommended speed limit. ♦ Revise the Segment Spot Speed Summary (E&TS Report Table 2) to include the radar survey data for the Santa Ana Boulevard segments. ♦ Prepare an addendum to the E&TS Report detailing the results for the Santa Ana Boulevard segments for City review and comment. The report will follow the same guidelines for the recently completed EMS in accordance with the requirements of Sections 627, 40802(b), 22357 and 22358 of the California Vehicle Code, CA MUTCD and AB 43. The finalized addendum will be part of the legal document to formally adopt or change speed limits at the surveyed locations. ♦ The recently adopted Assembly Bill No. 43 (AB 43) amended and added sections to the CVC and the latest revision of the CA MUTCD related to traffic safety and speed limits. The following are key highlights: • Allows prima facie speed limit of 25 mph on State highways located in any business or residential district. • Authorizes Caltrans and a local authority to declare a speed of 20 or 15 mph on State highways. • Authorizes a lower speed limit on a section of highway contiguous to a business activity district. Definition of "business activity district" is identified in AB 43 text. E ^<•.• Page 2 Mr. Zdenek "Zed" Kekula July 30, 2024 Page 3 • Authorizes a local authority to further reduce the speed limit beyond the 5-mph reduction after June 30, 2024. • Extends the validity of speed surveys from 10 years to 14 years if evaluated by registered engineer. • Local authority may, by ordinance, retain the current speed limit or restore the immediately prior speed limit if that speed limit was: 1. established with an engineering and traffic survey, and 2. if a registered engineer has evaluated the section of highway and determined that no additional general-purpose lanes have been added to the roadway since completion of the traffic survey that established the prior speed limit. o Prepare the Final Addendum Report incorporating the City's comments to the Draft Addendum. o Provide an updated City Speed Map summarizing the new speed limits for all city segments. a Assist City staff with identifying potential corridors to be classified as "Safety Corridors". AfterJune 30, 2024, classifying a roadway segment as a "Safety Corridor" would allow for an additional 5 mph reduction, if deemed necessary. All work will be performed under the direction and supervision of a qualified Registered Civil Engineer/Traffic Engineer licensed in the State of California. AGA's fees to conduct the proposed scope of services listed above is for a not -to -exceed fee of 22 955.00 Feel free to contact us with any questions about this letter proposal. Respectfully submitted, AGA ENGINEERS, INC. Ruben Perales, P.E., T.E. Vice President �"7Z Page 3 A� ® CERTIFICATE OF LIABILITY INSURANCE DATE 71ar2az 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 poiicy(fes) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Bet! Tran IOA Insurance Services . PHONE — 4 9 130 Vantis, Suite 250 Angle E-MAIL AlisD Viejo, CA 92656 ADDRESS: _ tt .tr io u . o IN RER 5 AFF9 DING Co RAGE NAIC N www.ioausa.com INSURER A: R' In aACP IPM 13056 INSURED INSURERS: r SL Indemnit man 22314 AGA Engineers, Inc. INSURERc: ontin I Ca alt Co 43 211 E. Imperial Hwy., Suit 08 Fullerton CA 92835 ENSURER r . ACPVP Em NSU F .- -R F : --- 1 n i COVERAGES CERTIFICATE NUMBER: so UO. I U1Y1D64NM&1F/ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW H„V'_ BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDD1YYYY LIMITS A COMMERCIAL GENERAL LIABILITY ,/ _ PSB0008919 7/1/2024 7/1/2025 EACH OCCURRENCE $ 1 000 000 CLAIMS -MADE E OCCUR Blanket Al and Prim/NonCon Endt DAMAGE SES Ea oceED urrence $ 1 000 000 ./ MEP ExP (Any one person) S MOOD Primary/Non-Contributory #PPB3040212; Blanket Wvr V Waiver of Subrogation PERSONAL & ADV INJURY s 1,000,000 of Subr Endt #BP04970106 AGGREGATE LIMIT APPLIES PER POLICY[ V1 PRO- JECT F,/� LOC GENERALAGGREGATE $2,000,000 GEN'L ly Professional Services performed by the Insured PRODUCTS - COMPIOP AGG S2,000,000 OTHER: Form #PPB3161113 are Excluded Deductible $ 0 A AUTOMOBILE LIABILITY ✓ ✓ PSA0002928 7/1/2024 7/1/2025 Ea aBcide�tSINGLE LIMIT S1,000,000 ✓ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY ✓ AUTOS ONLY Blanket Al. Prim/NonCon and Blanket Wvr of Subr included on 2 of Form p9 #PPA3000313 BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTYDAMAGE Per accident S Deductible $ 0 Prim/NonCon V Wvr of Subr B UMBRELLA LIAD �/ OCCUR NHA601729 7/1/2024 7/1/2025 EACH OCCURRENCE $ 2 000 000 EXCESS LIAB CLAIMS -MADE Follow Form; EXCI Prof Liability AGGREGATE $ 2 000 000 DEB ✓ RETENTIONSO $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETlPARTNERI OFFICERIMEMBEORREXCLUnED?EXECUTIVE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA I i#WC0403060484 PSW0004954 USL&H Included; Blanket Waiver of $UtlrOgatlon Fndt 7/1/2024 7/1/2025 SER LILF EORH Doductible- 0 E.L. EACH ACCIDENT $ 1 O00 000 E.L. DISEASE -EA EMPLOYEE $1,00()000 E.L. DISEASE - POLICY LIMIT $ 1 00()000 C Professional Liability MCH591940711 7/1/2024 7/1/2025 $3,000,000 Each Claim Claims -Made $3,000,000 Annual Aggregate $25,000 Each Claim Deductible DESCRIPTION OF OPERATIONS I LOCATIONS) VEHICLES (ACORD 101. Additional Remarks Schedule, maybe attached if more space is required) Any person or organization that Insured agrees in a contract or agreement requiring insurance to include, is an Additional Insured with respect to General Liability (GL) and Automobile Liability, but only to the extent provided within the Endorsements noted above and attached. GL includes Separation of Insureds and Contractual Liability per limitations in the BusinessOwners' Coverage form. A Workers' Compensation Waiver is included for any person or organization that Insured is required to waive rights of recovery against in a written contract or agreement, but only to the extent provided within the Endorsement noted above and attached. Coverage is subject to all policy terms, conditions, limitations and exclusions. CERTIFICATE HOLDER CANCELLATION All Traffic Engineering Services of the Insured SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF. NOTICE WILL BE DFLIVFRF❑ IN Risk Management Division ACCORDANCE WITH THE POLICY PRC 20 Civic Center Plaza, M-43 a t RAManWnertDMsIc;n Santa Ana CA 92702 AUTHORIZED REPRESENTATIVE REmEWED&APPROvEDBY: 4p Acevrda (AVC) Alicia K. Igrann o�� Risk Management Specialist ©1988-2015 ACORD ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 80851764 1 7/24-25 GL/ACTfo/EXCESS /WC/PL Blanket Sndts I Pauline Ringh— i 7/8/2024 11:19:04 AM (PDT} I page 1 of 19 AGENCY CUSTOMER ID: LOC #: A O ADDITIONAL REMARKS SCHEDULE Page of AGENCY IOA Insurance Services NAMED INSURED AGA Engineers, Inc.211 E. Imperial Hwy., Suite 208 Fullerton CA 92835 POLICY NUMBER CARRIER NAfC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (03/16) HOLDER: City of Santa Ana ADDRESS: Risk Management Division 20 Civic Center Plaza, M-43 Santa Ana CA 92702 Description of Operations Continued: 30 Day Notice of Cancellation / 10 Days for Non Payment in accordance with policy provisions. IEW MAYlAAPPR11 Un4sl Y: AEVIEVJEQ lSe APPROVED 6Y: Risk Management Speoalut ACORD 101 (2008/01) ©2008 ACORD ,I/ _ The ACORD name and logo are registered marks of ACORD ATTACHMENT 00051764 1 7/24-25 GL/A➢TO/EXCESS/WC/PI, Blanket Endts I Pauline Hingham 1 7/9/2024 11:19:04 All (PDT} I Page 2 of 19 Policy Number: PSB0008919 RLI Insurance Company Named Insured: AGA Engineers, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION 11 — LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting an your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an PPB 304 02 12 additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN U N{ y "��'�`€�o RiskMaaget adDMolan i' REVIEWED & APPRovED BY: ' A.-p A,tv44 Risk Management Specialist Page 1 of I BCIB51764 1 7/24-25 GL/ACTTO/E:XCESS/WC/PL Blanket Endts I Pauline Bingham 17/8/2024 11:19:04 AM {POT} I Page 3 of 19 POLICY NUMBER: PSB0008919 BUSINESSOWNERS BP 04 97 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Named Insured: AGA Engineers, Inc. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Person Or Organization: Any person or organization that you are required to waive rights of recovery against in a written contract or agreement, even if you have not entered in to a written contract with that person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section III — Common Policy Conditions is amended by the addition of the following: 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. BP 04 97 01 06 © ISO Properties, Inc., 2004 % % REVIEWED & APPROV®BY: Risk Management Specialist Page 1 of 1 ❑ 00051754 1 7/24-25 GL/AUTO/EXCESS /WC/PL Blanket Endts I Pauline Bingham 17/B/2024 11:19:04 701 (1313T) I Page 4 o: 19 Policy Number: PSB0008919 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, APPLICABLE FORMS & ENDORSEMENTS FORMS AND ENDORSEMENTS LISTED BELOW APPLY TO AND ARE MADE PART OF THIS POLICY AT TIME OF ISSUE, Farm Number Form Title PPB101 0122 RLIPack BUSINESSOWNERS COVERAGE FORM PPB300 06 10 RLIPack ERISA ENDORSEMENT PPB30101 18 RLIPack FOR DESIGN PROFESSIONALS PROPERTY ENHANCEMENT PPB303 06 10 RLIPack ASBESTOS EXCLUSION PPB304 02 12 RLIPack FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT PPB306 06 10 RLIPack EXCLUSION - DESIGNATED OPERATIONS PPB307 06 10 RLIPack DISCRIMINATION EXCLUSION PPB310 06 10 RLIPack LEAD EXCLUSION PPB312 09 13 RLIPack FOR DESIGN PROFESSIONALS PROFESSIONAL SERVICES EXCLUSION PPB313 02 12 RLIPack FOR PROFESSIONALS SCHEDULED ADDITIONAL INSURED ENDORSEMENT PPB316 1113 RLIPack FOR DESIGN PROFESSIONALS LIABILITY ENHANCEMENT PPB318 02 15 RLIPack EQUIPMENT BREAKDOWN ENDORSEMENT PPB319 1110 RLIPack GREEN PROPERTY ENDORSEMENT PPB36101 22 RLIPacV PFAS EXCLUSION PPK2107 05 11 RLIPACK NOTICE OF CANCELLATION OR NONRENEWAL INCLUDING NONPAYMENT OF PREMIUM DESIGNATED PERSON OR ORGANIZATION BP04170110 EMPLOYMENT -RELATED PRACTICES EXCLUSION BP0497 0106 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US BP0498 07 13 EMPLOYEE BENEFITS LIABILITY COVERAGE BP050107 02 CALCULATION OF PREMIUM BP0515 12 20 DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT BP0517 0106 EXCLUSION - SILICA OR SILICA -RELATED DUST BP0523 0115 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM BP0577 0106 FUNGI OR BACTERIA EXCLUSION (LIABILITY) BP1203 01 10 LOSS PAYABLE CLAUSES BP1506 05 14 EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION (PERSONAL AND ADVERTISING INJURY ONLY) BP0155 07 20 CALIFORNIA CHANGES ILF0001 04 22 SIGNATURE PAGE ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UN :HAN(41-11 ,�r. _...:. n am mura 8emem umswn REVIEWED & APPROVID BY: Risk Management Specialist RIL 2150 (08108) 80851764 1 7/24-25 GL/AuTT0/£XC£SS/WC/PL Blankat £ndts ] Pauline Bingham ] 7/9/2n24 11;19:04 AM IPOT) I Page 5 of 19 Page 1 Policy Number: PSB0008919 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR DESIGN PROFESSIONALS LIABILITY ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. First Aid And Good Samaritan Services B. Supplementary Payments C. Reasonable Force — Bodily Injury Or Property Damage D, Non -Owned Watercraft E. Canoes Or Rowboats F. Damage To Premises Rented To You G. Aircraft Chartered With Crew H. Electronic Data Liability I. Who Is An Insured — Newly Acquired Or Formed Organizations J. Who Is An Insured — Unnamed Partnership Or Joint Venture K. Additional Insured — Owner, Manager Or Lessor Of Premises Or Leased Equipment L. Additional Insured — State Or Political Subdivisions — Permits Related To Premises Or Operations M. General Aggregate Limit — Per Project Or Per Location N. Knowledge And Notice Of Occurrence Or Offense O. Amended Bodily Injury Definition P. Amended Insured Contract Definition — Construction Or Demolition Operations Within 50' Of Railroad Q. Amended Personal And Advertising Injury Definition — Electronic Material R. Unintentional Omission S. Waiver Of Transfer Of Rights Of Recovery Against Others To Us Rule Mw,sgimlenf DtvlBtrnt RENIEWEl7/& APPROyVm 9/Y: Risk Management Specialist PPB 316 11 13 80851754 [ 7/24-25 C;L/AUTO/EXCESS/WC/PL Blanket Endts I Pauline Bingham 1 7/8/2024 11:19:04 AM iPOT} I oaga 6 of 19 This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM — SECTION 11 — LIABILITY AND SECTION III AS IT PERTAINS TO LIABILITY ONLY A. First Aid And Good Samaritan Services 1. The following is added to Section II A.I. Business Liability Coverages We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" arising out of either the rendering of or failure to render, "First Aid" or "Good Samaritan Services" to any person. For the purposes of this coverage grant, "First Aid" or "Good Samaritan Services" will be deemed to meet the definition of "occurrence". For the purposes of determining the applicable limits of insurance, any act or omission together with all related acts or omissions in the rendering of "First Aid" or "Good Samaritan Services" to any one person will be deemed one "occurrence". a. "First Aid" means initial care for medical attention immediately following a "bodily injury". b. "Good Samaritan Services" means medical attention provided in an emergency and for which no remuneration is demanded or received. 2. The insurance provided by this provision shall be excess over any valid and collectible other insurance available to any insured whether primary, excess, contingent or any other basis, except for insurance purchased specifically by you to apply in excess of the limits of Insurance shown in the declarations for Business Liability. B. Supplementary Payments Section 11 A.1.f. Coverage Extension — Supplementary Payments Paragraphs 1.(b) and 1.(d) are deleted and replaced with the following: (b) Up to $2,500 for the cost of bail bonds required because of accidents or traffic violations arising out of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds. (d) All reasonable expenses incurred by the insured at our request to assist in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off work. C. Reasonable Force — Bodily Injury Or Property Damage Section II B.1.a. Exclusions, Expected Or Intended Injury, is deleted and replaced by the following: a. Expected or Intended Injury "Bodily Injury" or "property damage" ex- pected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. D. Non -Owned Watercraft 1. Section II B.1.g. Exclusions, Aircraft, Auto Or Watercraft Subparagraph (2) is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Up to seventy-five (75) Feet long; and (b) Not being used to carry persons or property for a charge; 2. Only as respects to the insurance provided by this provision C. Who Is An Insured is amended to include as an insured any person who, with your express consent uses the watercraft. 3. The insurance provided by this provision shall be excess over any valid and collectible other insurance available to the insured, whether primary, excess, contingent or on any other basis, except for the insurance purchased specifically by you to apply in excess of the Limits of Insurance shown in the declarations for this Coverage Part. E. Canoes Or Rowboats The following is added to the exceptions contained in Section II B.1.g. Exclusions, Aircraft, Auto Or Watercraft: (6) Any non -motorized canoe or rowboat owned by the insured. Only as respects to the insurance provided by this provision C. Who Is An Insured is amended to include as an insured any person who, with your express consent, uses any such canoe or rowboat. F. Damage to Premises Rented to You 1. The last paragraph of Section II B.1. Ex- clusions — Applicable To Business Liability Coverage is deleted and replaced by the following: Exclusions c., d., 4 o. in SECTION 11 damage by water smoke resulting �. .� P,iekM�gementDivisirnt li oa IIfM1� REVIEWED & APPROVED BY: A+fz &w44 Risk Management Specialist PPB 316 11 13 B0851764 1 7/24-25 C-L/AUTO/EXCESS/wC/PL Blanket Endcs I Pauline Bingham 1 7/8/2024 11:19:04 AM (PDT) I Page 7 of 19 e rented to you, or temporarily occupied by you with permission by the owner. A separate Damage To Premises Rented To You Limit of Insurance applies to this coverage as described in paragraph D. Liability And Medical Expenses Limits of Insurance in SECTION II — LIABILITY. 2. Section II F.9.a. Liability And Medical Expenses Definitions, is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by water, fire, explosion, lightning, or smoke resulting from fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 3. This provision does not apply if coverage for Damage To Premises Rented To You is ex- cluded by another endorsement to this policy. G. Aircraft Chartered With Crew 1. The following is added to the exceptions contained in Section II B.1.g. Exclusions, Aircraft, Auto or Watercraft: (6) Any non -owned aircraft chartered to you with a crew including a pilot. 2. The insurance provided by this provision shall be excess over any valid and collectible other insurance available to the insured whether primary, excess, contingent or on any other basis, except for insurance purchased specif- ically by you to apply in excess of the Limits of Insurance shown in Declarations. H. Electronic Data Liability 1. Section II BA.q. Exclusions is deleted and replaced by the following: q. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, disclosure of, display of, theft or misappropriation of or inability to manipulate "electronic data". However this exclusion does not apply to "Property Damage". 2. The following definition is added to Section II F Liability And Medical Expenses Definitions: "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 processing devices or any other media which are used with electronically controlled equipment. 3. For the purposes of the coverage provided by this endorsement, Section II F. Liability And Medical Expenses Definitions, Paragraph 17. is deleted and replaced by the following: 17. "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; b. 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 "occurrence" that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or in- ability to manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. d. Property damage does not mean dis- closure of, display of, or theft or mis- appropriation of electronic data however caused. For the purposes of this insurance, "electronic data" is not tangible property. I. Who Is An Insured — Newly Acquired Or Formed Organizations The following is added to Section II C. Who Is An Insured: Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: 1. Coverage under this provision is afforded only until the one hundred eightieth (180th) day after you acquire or form the organization or the end of the policy period, whichever is earlier; 2. Coverage does not apply for "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 3. Coverage does n advertising injury" committed before organization. 9 RMAIRWED & APPRovm 8Y: ® Risk Management Specialist PPB 316 11 13 00851764 17/24-25 GL/A[TTO/EXCESS/ WC/PL Bl—ket Endts I Pauline Bingham 17/e/2024 11!19!04 AM (PDT) I Page 8 of 19 anP 4. This provision does not apply to any (1) Only if the "bodily injury", "property dam - organization for which coverage is excluded by age" or "personal and advertising injury' another endorsement to this policy. is caused, in whole or in part, by you or J. Who Is An Insured —Unnamed Partnership Or any person or organization performing Joint Venture operations on your behalf, and arises out of the ownership, maintenance or 1. The last paragraph of Section II C. Who Is An use of that part of any premises leased Insured is deleted and replaced by the to you under that contract or agreement; following: or No person or organization is an insured with (2) The "bodily injury', "property damage" or respect to the conduct of any current or past "personal and advertising injury' is partnership, joint venture or limited liability caused, in whole or in part, by you or company that is not shown as a Named Insured any person or organization performing in the Declarations. However this limitation does operations on your behalf, and arises not apply to your liability with respect to your out of the maintenance, operation or use conduct of the business of any current or past of equipment leased to you by such partnership or joint venture: additiona[ insured. a. That is not shown as a Named Insured in 2. The insurance provided to such additional in - the Declarations; and sured under this provision is subject to the b. In which you are a member or partner but following: only if: a. The limits of insurance afforded to such (i) Each and every member or partner in additional insured shall be the limits which that joint venture or partnership is not a you agreed to provide in the contract or construction contractor; and agreement, or the limits shown in the Declarations, whichever are less; and (ii) The joint venture or partnership is not providing construction contracting b. The insurance afforded to such additional services. insured does not apply: 2. This provision does not apply to any person or (1) To any "bodily injury' or "property dam - organization for which coverage is excluded by age" that occurs, or "personal and another endorsement to this policy. advertising injury" caused by an offense 3. The insurance provided by this provision shall committed, after you cease to be a be excess over any valid and collectible other tenant in that premises; insurance, whether primary, excess, contingent (2) To any structural alterations, construc- or on any other basis, which is available tion or demolition operations performed covering your liability with respect to your by or on behalf of such additional conduct of the business of any current or past insured; partnership or joint venture that is not shown as a Named Insured in the Declarations and which (3) To any premises for which coverage is is issued to such partnership or joint venture. excluded by another endorsement to this Coverage Part; K. Additional Insured — Owner, Manager Or Lessor Of Premises Or Leased Equipment (4) To any "bodily injury' or "property dam - Section II C. Who Is An Insured is amended to age" that occurs, or "personal and include as an insured: advertising injury" caused by an offense committed, after the equipment lease 1. Any person or organization that you have expires; or agreed in a contract or agreement to include as an additional insured on this policy, but: (5) If the equipment is leased with an operator. a. Only with respect to liability for "bodily injury" or "property damage" that occurs, or 3. This provision doez nnt onnhi nn anv hncic fn "personal and advertising injury" caused by any person or orgi RisteM"Wg0naaDMS[al an offense committed, after you have entered into that contract or agreement; and as an additional in: d `` i� REVIEWEQ&APPROVm$Y: another endorseRctva ." Risk Management Spedaht PPB 316 11 13 Pacie 7ot 80851764 1 7/24-25 CL/AUTO/EXCESS /WC/PL Blanket Ends I Pauline Hingham [ 7/8/2024 11:19:04 AM (PDT) I Page 9 of 19 L. Additional Insured — State Or Political Subdivisions — Permits Related To Premises Or Operations Section it C. Who Is An Insured is amended to include as an insured: 1. Any state or political subdivision that has issued a permit in connection with premises owned or occupied by, or rented or loaned to, you, but only with respect to "bodily injury", "property damage", "personal and advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, man- holes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations for which that state or political subdivision has issued such permit. 2. Any state or political subdivision that has issued a permit, but only with respect to "bodily injury", "property damage", "personal and advertising injury" arising out of operations performed by you or on your behalf for which that state or political subdivision has issued such permit. However, no such state or political subdivision is an insured for: a. "Bodily injury", "property damage", "personal and advertising injury" arising out of op- erations performed for that state or political subdivision; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". M. General Aggregate Limit -- Per Project Or Per Location Section II D. Liability And Medical Expenses Limits of Insurance, Paragraph 4. Aggregate Limits. is deleted and replaced by the following: 4. Aggregate Limits The most we will pay for: a. All "bodily injury" and "property damage" that is included in the "products -completed operations hazard" is twice the Liability and Medical Expenses limit. b. All: (1) "Bodily injury" and "property damage" except damages because of "bodily in- jury" or "property damage" included in the "products -completed operations hazard"; (2) Plus medical expenses; (3) Plus all "personal and advertising injury" caused by offenses committed; is twice the Liability and Medical Expenses limit. The aggregate limit for all "bodily injury" and "property damage", medical expenses and "personal and advertising injury" other than "bodily injury" or "property damage" included in the "products -completed operations hazard" applies separately to each of your "projects" away from premises owned by or occupied by you or to each of your "locations" owned by or occupied by you. "Projects" mean an area away from premises owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" at the same "location" shall be considered a single "project". For the purposes of this provision, "location" means 1. Premises involving the same or connecting lots,- 2. Premises where connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad; or 3. Premises where operations are performed in sections, stages or phases as a continuation of the same contract or agreement, even if the premises do not involve connecting lots. Subject to Paragraph a. or b. above, whichever applies, the Damage To Premises Rented To You Limit is the most we will pay for damages because of "property damage" to any one premises, while rented to you, or in the case of fire; explosion; lightning; smoke resulting from such fire, explosion or lightning; or water while rented to you or temporarily occupied by you with permission of the owner. The Limits of Insurance of SECTION II — LIABILITY apply separately to each consecutive annual period and to any remaining period of less than twelve (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 twelve (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. N. Knowledge And Notice Of Occurrence Or Offense The following is added RisieMw*gvnvdDMs4mm r?REvimm & RPPROVBY. and Medical Expen oi. Duties In The Em., A+J�t&A144 Claim Or Suit: ® Risk Management Specialist PPB 316 11 13 80851764 17/24-25 CL/AUTO/EXCESS/WC/PL Blanket Endts I Pauline Bingham 1 7/9/2024 11:19:04 AM (PDT) I Page 10 0_` 19 Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee" of an "occur- rence" or offense does not imply that you also have such knowledge. Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' compensation, accident, or health insurer. This applies only if you subsequently give notice of the "occurrence" or offense to us as soon as practicable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice discovers that the "occurrence" or offense may involve this policy. O. Amended Bodily Injury Definition The definition of "bodily injury" in Section 11 F.3. Liability And Medical Expenses Definitions is deleted and replaced by the following: "Bodily injury" means injury to the body, sickness, disease, or death. "Bodily injury" also means mental injury, mental anguish, emotional distress, pain and suffering, or shock resulting from injury to the body, sickness, disease or death of any person. P. Amended Insured Contract Definition — Construction Or Demolition Operations Within 50' Of Railroad 1. The definition of "insured contract" in Section II F.9.c. Liability And Medical Expenses Defi- nitions is deleted and replaced by the following: c. Any easement or license agreement 2. The definition of "insured contract" in Section II F.9.f.(1) Liability And Medical Expenses Definitions is deleted. The insurance provided by this provision shall be excess over any valid and collectible Railroad Protective Liability insurance available to an insured , whether primary, excess, contingent or on any other basis, except for the insurance purchased specifically by you to apply in excess of the Limits of Insurance shown in the declarations for this Coverage Part. Q. Amended Personal And Advertising Injury Definition — Electronic Material The definition of "personal and advertising injury" in Section 11 F.14.d. Liability And Medical Expenses Definitions is deleted and replaced by the following: d. Oral, written or electronic publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; 2. The definition of "personal and advertising injury" in Section II F.14.e. Liability And Medical Expenses Definitions is deleted and replaced by the following: e. Oral, written or electronic publication, in any manner, of material that violates a person's right of privacy; 3. Section 11 B.1.p.(2) Exclusions for Personal And Advertising Injury is deleted and replaced by the following: (2) Arising out of oral, written or electronic publication of material if done by or at the direction of the insured with knowledge of its falsity; 4. Section II B.1.p.(2) Exclusions for Personal And Advertising Injury is deleted and replaced by the following: (3) Arising out of oral, written or electronic pub- lication of material whose first publication took place before the beginning of the policy period; R. Unintentional Omission The following is added to SECTION 111 — COMMON POLICY CONDITIONS Paragraph C. Concealment, Misrepresentation Or Fraud (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However as it pertains to Business Liability Cover- age only, the unintentional omission of, or uninten- tional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this insurance. This pro- vision does not affect premium or to exercisr ��^ .�F wak�Dirrnt nonrenewal in accordal REVIEWED&APPROV108Y. laws or regulations. A41u f#cav44e Risk Management Specialist PPB 316 11 13 80851764 [ 7/24-25 GL/AUTG/EXCEHH/WC/PL Blanket Endts I Pauline Hingham [ 718/202d 11:19:04 AM (PDT) I Page 11 of 19 S. Waiver Of Transfer Of Rights Of Recovery Against Others To Us SECTION III — COMMON POLICY CONDITIONS Paragraph K.2. Transfer of Rights of Recovery Against Others to Us (BUT APPLICABLE ONLY TO SECTION II -- LIABILITY) is deleted and replaced by the following: 2. Applicable to Business Liability Coverage We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury', "property damage", "personal injury and advertising injury' arising out of: a. Premises owned by you, temporarily occu- pied by you with permission of the owner, or leased or rented to you; b. Ongoing and completed operations per- formed by you, or on your behalf, under a contract or agreement with that person or organization; c. Your "work"; or d. "Your products". We waive these rights only where you have agreed to do so as part of a contract or agree- ment entered into by you before the "bodily injury" or "property damage" occurs or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN U a�,a.?n•..cgr Risk Mvwg od T1[5 stun REVIEWED&APPROV®BY: A A zv44 Risk Management Sped alist PPB 316 11 13 80851764 1 7/24-25 GL/AUTO/EXCESS/wC/PL Blanket Ends I Pauline Bingham 1 7/8/2024 11:19:04 AM IPDTI I Page 12 of 19 Policy Number: PSA0002928 Named Insured: AGA Engineers, Inc. RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E, Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair —Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage — Loss Of Use L. Hired Car — Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition — Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition — Railroad Easement Q. Coverage Extensions — Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage Risk Ma�gr,ne�rtD[v€s[on REVIEWED&APPRpYWSY: i4z'V44 ® Risk Management Spedalist PPA 300 03 13 80851764 1 7/24-25 CL/AUTO/EXCESS /WC/PL Blanket Endts I Pauline Bingham 17/8/2024 11:19:04 AM (PDT) I Page 13 of 19 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any business entity newly acquired or formed by you during the policy period, provided you own fifty percent (50%) or more of the business entity and the business entity is not separately insured for Bus-iness Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days following the acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. B. Employees As Insureds The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Blanket Additional Insured The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any person or organization that you are required to include as an additional insured on this coverageform in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs is an "insured" for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who is An Insured provision contained in SECTION II — COVERED AUTOS LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non-contributory basis to the additional insured's own business auto coverage if you are required to do so in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs. D. Blanket Waiver Of Subrogation The following is added to the SECTION IV — BUSI- NESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization to the extent required of you by a contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. E. Employee Hired Autos 1. The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions: Paragraph 5.b. of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is [eased, hired, rented or borrowed with a driver is not a covered "auto". F. Fellow Employee Coverage SECTION II — COVERED AUTOS LIABILITY COVERAGE, Exclusion B.5. does not apply if you have workers compensation insurance in -force covering all of your employees. G. Auto Loan Lease Gap Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, is amended by the addition of the following: In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: 1. The amount paid under the PHYSICAL DAMAGE COVERAGE section of the policy; and 2. Any: a. Overdue lease, Risk MnnagmadDivZs the "loss", ;'°� REmEWED&APPRovmBy. ® Risk Management Specialist PPA 300 03 13 80a51769 17/29-25 GL/AiTTO/EXCESS/WC/PL Blanket Endcs I Pauline Hingham 1 7/8/2029 11:19:04 AM (PDT) I Page 14 of 19 b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage. c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. H. Glass Repair —Waiver Of Deductible SECTION III — PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by adding the following: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. I. Personal Effects Coverage The following is added to SECTION III -- PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions: c. Personal Effects Coverage In the event of a total theft loss of your covered ,.auto" we will pay up to $400 for "loss" to wearing apparel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto"; No deductible applies to Personal Effects Coverage. J. Hired Auto Physical Damage Coverage The following is added to SECTION III -- PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions: d. Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Liability Coverage and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Coverage is extended to .'autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one .'accident" to a hired, rented or borrowed "auto" is the lesser of: (a) $60,000 (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned auto will apply. (5) This Coverage Extension will not apply to: (a) Any "auto" that is hired, rented or borrowed with a driver; or (b) Any "auto" that is hired, rented or borrowed from your "employee". K. Hired Auto Physical Damage — Loss Of Use The following is added to SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions: e. We will pay sums which you legally must pay to the lessor of a covered "auto" which you have leased without a driver for thirty (30) days or less for the lessor's loss of use of the covered "auto", provided: (1) This insurance provides comprehensive, specified causes of loss or collision covered on the covered "auto"; (2) The loss of use results from the covered "auto" being damaged in an "accident" while you are leasing it. We will pay up to a maximum limit of $1,500 for this covered extension. L. Hired Car —Worldwide Coverage The following is added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, A.2. Coverage Extensions: f. Hired Car— Worldwide Coverage (1) We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or ..property damage" to which this insurance applies, caused by an "accident" which occurs outside of the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada resulting from the maintenance, or use of any covered "auto" of the private passenger type you lease, hire, rent or borrow without a driver for thirty (30) days or less. (2) With respect t instituted outs KPLA", RiskM=WmenEDhidm America, the to =, ���� REviEwED&APPRavmBy. the United Sta y fl :e f "W44a and Canada: R sk Management Speaalist PPA 300 03 13 80851764 1 7/24-25 GL/AtFTO/EXCESS/WC/PL Blanket Endts I Pauline Hingham 17/8/2024 11:19:04 Mi IPDTj I Page 15 of 19 (a) You shall undertake the investigation, settlement and defense of such claims and "suits" and keep us advised of all proceedings and actions. (b) You will not make any settlement without our consent. (c) We will reimburse you: (i) For the amount of damages be- cause of liability imposed upon you by law on account of "bodily injury" or "property damage" to which this insurance applies, and (ii) For all reasonable expenses incurred with our consent in connection with the investigation, settlement or defense of such claims or "suits". Reimbursement for expenses will be part of the Limit of Insurance for liability coverage shown in the Business Auto Coverage Declarations, and not in addition to such limits. (3) The limit of Insurance for Liability Coverage shown in the Business Auto Coverage Declarations is the most we will reimburse you for the sum of all damages imposed on you, as set forth in paragraph 2.c. above, and all expenses incurred by you arising out of any single "accident" or "loss". (4) You must maintain the greater of the follow- ing primary auto liability insurance limits: (a) Compulsory admitted insurance with limits required to be in force to satisfy the legal requirements of the jurisdiction where the accident occurs-, or (b) Insurance limits required by law and issued by a government entity or by an insurer licensed or permitted by law to do business in the jurisdiction where the "accident" occurs; or (c) Auto liability insurance limits of at least $300,000 combined single limit or $100,000 per person/$300,000 per acci- dent Bodily Injury, $100,000 Property Damage. If you fail to comply with the above, this insurance is not invalidated. However, in the event of a "loss", we will pay only to the extent that we would have been liable had you so complied. (5) The insurance provided by this coverage extension is excess over any other collec- tible insurance available to you whether on a primary, excess contingent or any other basis. M. Temporary Transportation Expenses SECTION III -- PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions, subparagraph a. Transportation Expenses is deleted and replaced by the following: a. Transportation Expenses (1) We will pay up to a maximum of $1,500 for temporary transportation expense incurred by you because of Physical Damage to a covered "auto'. (2) We will pay only for those covered "autos" for which you carry Comprehensive, Colli-sion or Specified Case of Loss Coverage. (3) We will pay only for those expenses incurred by you during the period of time that begins twenty-four (24) hours after the covered "loss" and ends at the time when the covered "auto" can be reasonable repaired or replaced. (4) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. N. Amended Bodily Injury Definition — Mental Anguish The following is added to SECTION V — DEFINITIONS, Definition C.: "Bodily injury" also includes mental anguish, but only when the mental anguish arises from other bodily injury, sickness or disease. O. Airbag Coverage The following is added to SECTION III — PHYSICAL DAMAGE COVERAGE B. Exclusions 3.a.: However, this exclusion will not apply to accidental discharge of an airbag due to mechanical or electrical breakdown. P. Amended Insured Contract Definition — Railroad Easement SECTION V — DEFINITIONS paragraph H. "Insured contact' is modified as follows: 1. Paragraph H.3. is replaced by the following: 3. Any easement or license agreement. 2. Paragraph H.6.a. is deleted. Q. Coverage Extensions — Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound SECTION Ill — PHYSIC Exclusions, exception and 4.d. is deleted and Risk Msm pn r tDM,1on REmBvD&APPROVED BY. Risk Management Speciefist PPA 300 03 13 90951764 1 7/24-25 GL/AUTO/ EXCESS /WC/ PL Blanket Ends I Pauline Bingham � 7/8/2024 11:19:04 A14 (PDT) I Page 16 of 19 a. Equipment and accessories used with such equipment, except for tapes, records, discs or other electronic media device, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or is removable from the housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the ..autos" electrical system, in or upon the covered "autos"; or R. Notice Of And Knowledge Of Occurrence SECTION IV — BUSINESS AUTO CONDITIONS, A.2. Duties In The Event Of Accident, Claim Suit Or Loss, subparagraph a. is deleted and replaced with the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized repre- sentative prompt notice of the "accident" or" loss" including: (1) How, when and where the "accident" or" loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured person and witnesses. Your duty to give us or our authorized representative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" is known to: (1) You, if you are an individual; (2) A partner if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. S. Unintentional Errors Or Omissions SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions; 2. Concealment Misrepre- sentation Or Fraud is amended by adding the following: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However this pro- vision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. T. Towing Coverage SECTION III -- PHYSICAL DAMAGE COVERAGE, A.2. Towing, is deleted and replaced by the following: 2. We will pay up to $750 for towing and labor costs incurred each time a covered "auto" is disabled due to a covered cause of loss. However: a. All labor must be performed at the place of disablement; and b. If the covered auto is a private passenger type no deductible applies; and C. If the covered auto is not of the private passenger type our obligation to pay will be reduced by a $250 deductible per disablement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UN REVIEwEo & APPRovm BY: Risk Management Specialist PPA 300 03 13 BOH51764 17/24-2S C[./AUTO/EXCESS /WC/PL Blanket Ends I Pauline Bingham 1 7/8/2024 11:19:04 AM (PDT) I Page 17 of 19 COMMERCIAL EXCESS LIABILITY POLICY DECLARATIONS Kell ,�:��31mo ITEM 6. SCHEDULE OF UNDERLYING INSURANCE Type of Policy Insurer Applicable Limit GENERAL LIABILITY LANDMARK AMERICAN INSURANCE $1,000,000 EACH OCCURRENCE COMPANY $2,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS/COMPLETED OPS AGG $1,000,000 PERSONAL/ADVERTISING INJURY EMPLOYERS LIABILITY I RLI INSURANCE COMPANY GENERAL LIABILITY RLI INSURANCE COMPANY (BOP) EMPLOYEE BENEFITS RLI INSURANCE COMPANY LIABILITY (BOP) AUTO LIABILITY i RLI INSURANCE COMPANY $1,000,000 EACH ACCIDENT $1,000,000 DISEASE EACH EMPLOYEE $1,000,000 DISEASE POLICY LIMIT $1,000,000 EACH OCCURRENCE $2,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS/COMPLETED CPS AGG $1,000,000 PERSONAL/ADVERTISING INJURY $1,000,000 EACH CLAIM $1,000,000 AGGREGATE $1,000,000 COMBINED SINGLE LIMIT s o Riak D hARnagem�t Divislpn 3, REVIEWE& APPROVm BY; ° A*f e Aczv44 ® Risk Management Specialist RSG 30002 0803 80851764 1 7/24-25 CL/AUTO/EXCESS/ WC/PL Blanket £ndts I Pauline Bingham 1 7/a/2024 11:19:04 AM (PDT) I Page 18 of 19 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT--CALIFORNIA WC 04 03 06 (Ed. 4-84) 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Person or Organization Schedule Job Description Any person or organization that you are required to waive Jobs performed for any person or organization that you rights of recovery against in a written contract or agreement. have agreed with in a written contract to provide this agreement. 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 7/1/2024 Policy No.pSW0004954 Endorsement No. Insured AGA Engineers, Inc. Insurance Company RL! Insurance Company Countersigned By Riek Mvwgvncd DMsimt REviEWED & APPRo/m 8Y: `® Management 5 @1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. Risk Mina e9 Pedalfst 00851764 1 7/24-25 GL/AUTO/EXCESS/WC/PL Blanket Endas I Pauline Bingham 17/8/2024 11:19:04 AM (PDT) I Page 19 of 19