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HomeMy WebLinkAboutTANKO LIGHTING, INC.vSURANr - ON Out - WORK MAY PROCEED UNTIL INSURANCE EXPIRES G1ERK Of COUNCIL DATE: / f AGREEMENT FOR CITYWIDE STREETLIGHT ACQUISITION, FEASIBILITY STUDY 5 ENERGY EF.1FyICryIENegCY ANYLSES PROJECT RIFPTHIS AGREEMENT, made and entered into this 6th day of August, 2015 by and between Tdnko Streetlighting, Inc, dba Tanko Lighting (stere€rafter Tonsultarif'), artd the City of Santa Ana, a charter City and municipal corporation organized and existing under the Constitution and laws of the Slate of Callfornia (hereinafter "tatty"). ggLTALS A. The City deslras to retain a Consultant having special skill and knowledge in the field of Street light acquisition and r host. V a. R NOW THEREFORE, in uunside€ t ion or the rnumal and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follow; Consultant shall perforin those services identified as_ hie t, Z and 3 as set forth in Exhibit A to this Agreement: SINNUErr IM City agrees to pay, and Consultant agrees to accept as total payrnant for Phase t. 2, and serves, the rates and charges Identified in Exhibit 8, The total sum to be expended under this Agreement shall ,sot exce d $267,313 during the term of this Agreement A-2015-176 This Agreement shall commence on the date first written above and terminate on August 4, 2017, unless terminated Battier in accordance with Sdotion 15, below, The term of (tile' Agreement may be extended for a one, year period upon a writing executed by the City Manager and the City Attorney, Exhibit 1 Consultant shall, during the entire terra of this independent contractor and not an ernptoyee of the" shall it be construed to create en employer-employee or to allow the City to exercise discretion or control ov Consultant perianns the services which are the sub el services to be provided by Consultant shall be providi appkc'able standards and regulations governing such and wages, employer's social security taxes, unempic to employees and shall be responsible for appljcab be construed to be an ,cement is not intended nor a joint venture relationship, monat manner in which his Agreement; however, the r taxes i . INSURANCE Prior to uncle sking performance of work ander this Agreement, Consultant shalt maintain and shall require its subcontractors, If arty, to obtain and maintain insurance as: described below: El 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. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as E=xh[bit C upon execution of this Agreement. b: Business automobile liability insurance, or equivalant Form, with a combined single limit of not less than $1,000,000 per occurrence, Such insurance shall include coverage for owned, hired end non -owned autornobiles. c. Worker's Compensation Insurance. in accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees; is required to be insured against liability for workers compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employers liability insurance with limits not less 0 them $1,000,000 per accident, d. if Consultant is or employs a: licensed professional such as an architect or engineer. Professional liability (errors and omissions) insurance, with a combined Single limit of not less than $1,000,000 per plaim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all Insurance required above in Pull force and affect for the entire period covered by this Agreement. (li) Cartificates>ofinsurance shall be furnished to the City upon execution of this Agreement end shall be;approved by the City, (iil) Cart] c^ates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect by Consultant without thirty (na} days prior written notice to the City, f; If Consultant fails or refuses to vroduce or maintain the insurance radulred by insurance has been precured and [a in force and pain for, the City shall have the right, at the City's election: to forthwith terminate this Agreement: Such termination shall not affect Consul anfe right to be paid for its time and materials expended prior to notification of termination, Consu€tant waives the right to receive compensation and agrees to underrnifythe City tor any work performed prior to approval of insurance by the Clty. Consultant agrees to and shall indemnify and hold harmless the City, its off iW"s, agents, employees, consultants, specaal counsel, and representatives from Lability. (1 ) for personal injury, damages„ just compensation, restitution, judicial or equitable relief arising out of clailris for personal Injury, including death, and claims for property damages which may arise from the, negligent operations of the Consultant or its contractors, subcontractors, agents, aployeas, or other persons acting can their behaIfwhlch relates to the services described in section 1 of this Agreement; and {2) from any claim thea personal injury; damages, just compensation, restitution, judicial or equitable relief is due by reason of the team of or effects arising from this Agreement to the extent that such liability is caused by -the negligence of the Consultant. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judidiat 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 aquitable 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. In no case will Consultant be required to indemnify or holt] harmless the City from injury, damages, just compensation, restitution, judicial or equitable relief caused by negligence of the City. Il, INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its i employees against any and all liability, Including suits, for letters patent, trademarlr, or copyright infringement, include product or documents provided by Consultant to the CltyP INEGME9M Consultant shall keep ra under this Agreement. Consults the costa incurred under this Agi charged to the City for a rrlinirr u taw, from the state of final payme invoices shall be clearly identifia examine, audit, and make tranv created pursuant to this Agreem inspection of all worts, data. dpct a period of three (3) years froro I M information disclosed to all - by this Agreement. The tor+ any information that (a) has Gm law; or (c) is independently developed by the disclosed, by the City. 11, CONFLICT OF INTEREST CLAUSE Consultantoovenants:that, it presently direct or indirect, which would conflict in any under this Agreement, 12. NOTICE its, representatives, and of any United States' itained in the work z in connection with the work. In be performed ornpdete and accurate records with respect to heII allow a ra such records publicly Iger period required by / Ail such recorde and l of Stich and/or agent of the other party,s covered Pe and nondisclosure shall not apply tie available sources; (b) is, through no-fault (c) is In rightful possession of the required to be disclosed by operation of it without reference to infrarnntion has no interests and shall not have interests, manner with performance of services specified Any notice, tender, demand, delivery; or other communication pursuant to this Agreement shalt be in writing and shall be deemed to be property given if delivered in person or mailed by first class or certi iecl mail, postage prepaid, or sent by tele€acilimile 2 Consultant„ Consultant may not assign, transfer, delegate, or subcontract any interest nereln without the ;prior written consent of the City and an§ 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 firth, the City's ability to have any of the services which are the subject to this Agreement, performed by City personnel or by ether consultants retained by City, 15. TERMINATION This Agreement naay be terminated by the City upon thirty (30) days vrrillan notice of termination, in such event, Cons0ant shall be entitled to receive and tine 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, tate Executive Director may require Consultant to deliver to the City all work product completed as of such date, and ha 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_ Payrient need not be made for work which falls to meet the standard of parformance specified in the Recitals of this Agreement. 16, DISCRIMINATION Consultant shall not discriminate beceuse of race, color, creed, religlon, sex, ani status, sexual orientation, age, national origin, ancestry, or disability, as defined and fir by applicably: law, in the recruitment, selection, training, utilization, promotion, terminal, other employment related activities. Consultant affirms that at is an equal opporhlhlty er and shall comply with all applicable federal, state and local laws and regulations: 17JURISDICTION -VENUE This Agreement has been executers and delivered iia the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shat] be determined and governed by the laws of the State of California. Both parties further acres 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, ZENKZy_�� Consultant' hall, tha permits, approvals, waivers, hereunder and required by I the City.of Santa Aria and at Immediately and in writing q waivers, and exemptions. 4 terra of this Aerreement, maintain all necessary licenses, beans necessary for the provision of the services regulations of the United States, the State of California, mmental agencies. Gonsultarit shall notify the City to obtain or maintain such permits, licenses, approvals, shall be cause for termination of this Agreement. a. Each undersigned represents and warrants that its signature herainbelow ties the powor, authority and rightto bind their respective pasties to each of the terms of this Agreement, and shall Indemnify City fully, including reasonable casts and attorney's tees, 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. Ail Exhibits referenced herein and attached hereto shail be incorporated as if Fully set forth in the body of this Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: crry OF SANTA ANA e • ^ �, 1. + @. a. •. ___`,, TANKO LIGHTING AGR# TBD i REVIEWED BY: " v i'll"t - EUNICE HEREDIA (PG 1 OF 17) Ac."my CERTIFICATE OF LIABILITY INSURANCE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS `� 08/07/201YYY) 08/07/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must 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 LIC #0056172 1-888-845-2248 CONTACT NCSherry & Hudson NAME PHONE FAX AC No Ent: 408-550-2130 AIC No: 408-550-2119 EMAIL ADDRESS: 160 West Santa Clara Street Suite 715 EACH OCCURRENCE $2,000,000 San Jose, CA 95113 INSURERS AFFORDING COVERAGE NAIC it INSURERA: TRAVELERS PROP CAS CO OF AMER 25674 INSURED INSURERS: CAPITOL SPECIALTY INS CORP 10328 Tanks Street Lighting, Inc. DA AGET RENTED 100,000 PREMISES Ea occurrence $ DBA: Tanko Lighting INSURERC: INSURER D: 1000 Quesada Avenue INSURERE: San Francisco, CA 94124 INSURER F: COVERAGES CERTIFICATE NUMBER: 44756230 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR R OF INSURANCE ADDTYPE INSR MIDSIUBR POLICY NUMBER MMIODNYYYY MMIDDIIYYVY LIMITS A GENERAL LIABILITY X X 630 -4E925604 -TIL -15 04/17/1 04/17/16 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I JOCCUR DA AGET RENTED 100,000 PREMISES Ea occurrence $ MED ENE (Any one person) $5,000 PERSONAL B ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 X POLICY PRO- LOC JECT $ A AUTOMOBILE LIABILITY X X BA -4E937756 -15 -CAG 04/17/1 04/17/16 COMBINED SINGLE LIMIT Ea acodent 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED F SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ tier sccldent A X UMBRELLA LIABX OCCUR CUP -48925604 -TIL -15 04/17/1 04/17/16 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ $ A WORKERS COMPENSATION X UE -4E963854-1505/19/1 05/19/16 % WC STATU OTH- I AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? Y NIA E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mantlatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1, 00 0, 000 H Professional E&O SGC03229-04 --o-47-3.77—m- 04/17/16 Each Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is requ imd) RE: Analyses. Additional Insureds: City of Santa Ana, its City Council, boards, commissions, their officers, employees and agents. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010/05) orilsonkl9 44756230 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Ross Annex Civic Santa Center Plaza, 3rd Floor Reception Ana, CA 94087 AUTHORIZED REPRESENTATIVE //,'%�/�. �,/� r �A' USA �' `^ ' ACORD 25 (2010/05) orilsonkl9 44756230 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TANKO LIGHTING AGR# TBD REVIEWED BY: Policy Number: BA -4E937756-15 CAG EUNICE HEREDIA (PG 2 OF 17) COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisionsof this en- dorsement and the rest of your policy carefully to determine rights, duties; and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE—GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that Is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF LSE— INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" Occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section IL C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: The following is added to paragraph c. in A:1., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION II — LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 02 12 O 2010 The Travelers Indemnity Company Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. TANKO LIGHTING AGR# TBD COMMERCIAL AUTO REVIEWED BY:vc 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS, b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "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 perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto'. D. EMPLOYEES AS INSURED The following is added to Paragraph AA., Who Is An Insured, .of SECTION II - LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION Il - LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. P. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or EUNICE HEREDIA (PG 3 OF 17) within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership); members (if you are a limited liability company) or members of their house- holds. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent, (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit", (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C„ Limit Of Insurance,, of SEC- TION II — LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limit Of Insurance,, of SECTION II LIABILITY COVER- AGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the ap- plicable limit of insurance in pay- ments for damages, settlements or defense expenses, (b) This insurance is excess over any valid and collectible other insurance available Page 2 of 4 © 2614 The Travelers Indemnity Company CA T3 53 02 12 Includes copyrighted material of Insurance. Services office, Inc. with its permission. TANKO LIGHTING AGR# TBD REVIEWED BY: , � EUNICE HEREDIA (PG 4 OF 17) to the "insured" whether primary, excess contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local taw. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of Insurance; or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE—GLASS The following is added to Paragraph D., De- ductible, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., toss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph AA.a.; Transportation Expenses; of SECTION III — PHYSICAL DAMAGE COVERA- GE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for 'loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions; of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of"loss" set forth in Paragraphs A.1.b. and A.1.c„ but only: a. If that "auto" Is.a covered "auto" for Compre- hensive Coverage under this policy; b. The alrbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (If you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". CA T3 53 02 12 qD 2010 The Travelers Indemnity Company Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. TANKO LIGHTING AGR# TBD COMMERCIAL AUTO REVIEWED BY: M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 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 ex- tent required of you by a written contract signed and executed prior to any "accident' or "loss"; provided that the "accident' or ".loss" arises out of operations contemplated by EUNICE HEREDIA (PG 5 OF 17) such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph 82., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV— BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error In, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page. 4 of 4 CEJ 2010 The Travelers Indemnity Company CA T3 53 02 12 Includes copyrighted material of Insurance. services Office, Inc. with Its permission. TANKO LIGHTING AGR# TBD REVIEWED BY: 4 ZA. Policy Number: 630 -4E925604 -TIL -15 EUNICE HEREDIA (PG 6 OF 17) COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REACT IT CAREFULLY. ��� •,.0 - m This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART I , WHO IS AN INSURED - (Section II) Is amended to Include any person or organization that you agree in a "written contract requiring Insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodlly Injury", "property damage" or "personal Injury'; and b) if, and only to the extent that; the Injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, The person or organization does not qualify as an additional Insured with respect to the Independent acts or omissions of such person or organization. 2. The Insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring Insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance, c) The Insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included In the "products -completed op- erations hazard 3. The insurance provided to the additional Insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other Insurance available to the additional insured which covers that person or organization as a named Insured for such loss, and we will not share with that "other Insurance". But the insurance provided to the additional Insured by this endorsement stili is excess over any valid and collectible "other In- surance", whether primary, excess, contingent or on any other basis, that is available to the addl- ttonal insured when that perm or organization is an additional insured under such "other insur- ance".. 4. As a condition of coverage provided to the additional Insured by this endorsement: b) The insurance provided to the additional in- a) sured does not apply to "bodily Injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, Including: L The preparing, approving, or failing to prepare or approve, maps, shop draw - Ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or falling to prepare or ap- prove, drawings and specifications; and It. Supervisory, inspection, architectural or engineering activities, The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: 1. How, when and where the "occurrence" or offense took place; IL The names and addresses of any Injured persons and witnesses; and lit. The nature and location of any Injury or damage arising out of the "occurrence" or offense. CG D2 48 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 TANKO LIGHTING AGR# TBD REVIEWED BY: " EUNICE HEREDIA (PG 7 OF 17) COMMERCIAL GENERAL LIABILITY b) If a claim Is made or "suit" is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit" and the date received; and II. Notify us as soon as practicable. The additional Insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the Investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional Insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named Insured as described In paragraph 3. above, 5. The following definition Is added to SECTION V. - DEFINITIONS: "Written contract requiring Insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 48 08 05 TANKO LIGHTING AGR# TBD REVIEWED BY: EUNICE HEREDIA (PG 8 OF 17) Policy Number: 630 -4E925604 -TIL -15 COMMERCIAL GENERAL LIABILITY or organization which may be liable to the insured because of 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 In- sured; 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 1n excess of the applicable limit of Insurance. An agreed settle- ment means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal "representative. 4. Other Insurance If othervalid and collectible insurance is available to the insured for a loss we cover under Cover- ages A or B of this Coverage Part, our obligations are limited as follows: a, Primary Insurance This insurance is primary except when b. be- low applies. If this insurance is primary; our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c, below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether pri- mary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work'; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That Is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the mainte- nance or use of aircraft, "autos' or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Dam- age Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an addi- tional insured by attachment of an en- dorsement. 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 In- surer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the Insured's rights against all those other in- surers. When this Insurance is excess over other In- surance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other in- surance would pay for the toss in the ab- sence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply In excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribu- tion by equal shares, we will follow this method also. Under this approach each In- surer contributes equal amounts until It has paid its applicable 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 contrib- CG 00 01 10 01 i ISO Properties Inc., 2000 Page '11 of 16 TANKO LIGHTING AGR# TBD REVIEWED BY: 4� 4t. EUNICE HEREDIA (PG 9 OF 17) Policy Number: 630 -4E925604 -TIL -15 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR COMMERCIAL INDUSTRIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured J. Bodily Injury To Co -Employees And Co -Volunteer B. Blanket Additional Insured — Broad Form Vendors Workers C. Damage To Premises Rented To You K. Aircraft Chartered With Crew * Perils of fire, explosion, lightning, smoke, water • Limit increased to $300,000 D. Blanket Waiver Of Subrogation E. Blanket. Additional Insured — Owners, Managers Or Lessors Of Premises F. Blanket Additional Insured — Lessors Of Leased Equipment G. Incidental Medical Malpractice H. Personal Injury—Assumed By Contract I. Amended Bodily Injury Definition PROVISIONS A. BROADENED NAMED INSURED 1. The following is added to SECTION II —WHO IS AN INSURED: Any organization, other than a partnership or joint venture, over which you maintain owner- ship or majority interest on the effective date of the policy qualifies as a Named Insured. However, coverage for any such organization will cease as of the date during the policy pe- riod that you no longer maintain ownership of, or majority interest in, such organization. 2. The following replaces Paragraph 4.a. of SECTION II —WHO IS AN INSURED: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, unless reported in writing to us within 180 days. L. Non -Owned Watercraft — Increased From 25 Feet To 50 Feet M. Increased Supplementary Payments • Cost of bail bonds increased to $2,500 • Loss of earnings increased to $500 per day N. Medical Payments- Increased Limit O. Knowledge And Notice Of Occurrence Or Offense P. Unintentional Omission Q. Reasonable Force — Bodily Injury Or Property Damage B. BLANKET ADDITIONAL INSURED — BROAD FORM VENDORS The following is added to SECTION 11 — WHO IS AN INSURED: Any person or organization that is a vendor and that you have agreed in a written contract or agreement to Include as an additional insured on this Coverage Part is an insured, but only with re- spect to liability for "bodily injury" or "property damage" that: a. Is caused by an "occurrence" that takes place after you have signed and executed that con- tract or agreement; and b, Arises out of "your products" which are dis- tributed or sold in the regular course of such vendor's business. The insurance provided to such vendor is subject to the following provisions: CG D4 58 07 13 Q) 2013 The Travelers Indemnity Company. All rights reserved. Page 1 of 7 Includes copyrighted material of Insurance services Office, Inc. with its permission. TANKO LIGHTING AGR# TBD REVIEWED BY: 4,�, EUNICE HEREDIA (PG 10 OF 17) COMMERCIAL GENERAL LIABILITY a. The limits of insurance provided to such ven- dor will be the limits which you agreed to pro- vide in the written contract or agreement, or the limits shown in the Declarations of this Coverage Part, whichever are less. b. The insurance provided to such vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in "your products" made intentionally by such vendor; (4) Repackaging; unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, ad- justments, tests or servicing as vendors agree to perform or normally undertake to perform in the regular course of business, in connection with the distribution or sale of "your products"; (6) Demonstration, installation, servicing or repair operations; except such operations performed at such vendor's premises in connection with the sale of "your prod- ucts"; or (7) "Your products" which, after distribution or sale by you, have been labeled or rela- beled or used as a container, part or in- gredient of any other thing or substance by or for such vendor. Coverage under this provision does not apply to: a. Any person or organization from whom you have acquired "your products", or any ingre- dient, part or container entering into, accom- panying or containing such products, or b. Any vendor for which coverage as an addi- tional insured specifically is scheduled by en- dorsement. JURY AND PROPERTY DAMAGE LIABIL- ITY: Exclusions c, through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to such damage to premises as described in Para- graph S. of Section III — Limits Of Insurance. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 2. The following replaces. Paragraph 6. of SEC- TION III — LIMITS OF INSURANCE: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire; explosion; lightning smoke resulting from such fire, explosion, or lightning; or wa- ter. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occurrence", whether such damage results from fire; explosion, lightning; smoke resulting from such fire, ex- plosion, or lightning; water; or any combina- tion of any of these. The Damage To Premises Rented To You Limit will be the higher of: C. DAMAGE TO PREMISES RENTED TO YOU a. $300,000; or 1. The following replaces the last paragraph of b. The amount shown on the Declarations of Paragraph 2., Exclusions, of SECTION 1 — this Coverage Part for Damage To Prem - COVERAGES — COVERAGE A BODILY IN- ises Rented To You Limit. Page 2 of 7 © 2013 The Travelers Indemnity Company. All rights reserved. CG D4 58 07 13 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. TANKO LIGHTING AGR# TBD REVIEWED BY: EUNICE HEREDIA (PG 11 OF 17) 3. The following replaces Paragraph a. of the definition of "insured contract' in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: (1) Fire; (2) Explosion; (3) Lightning; (4) Smoke resulting from such fire, ex- plosion, or lightning; or (5) Water. is not an "insured contract'; 4. The following replaces Paragraph 4.b.(1)(b) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for premises rented to you, or temporarily occupied by you with the permission of the owner; D. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you, ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work'; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. E. BLANKET ADDITIONAL INSURED OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II — WHO IS AN INSURED' Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement to name as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage', "personal injury" or "advertising injury" that: COMMERCIAL GENERAL LIABILITY a. Is "bodily injury" or "property damage' caused by an 'occurrence' that takes place, or "per- sonal Injury" or "advertising injury" caused by an offense that is committed, after you have signed and executed that contract or agree- ment; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you, The insurance provided to such premises owner, manager or lessor is subject to the following pro- visions: a. The limits of insurance provided to such premises owner, manager or lessor will be the limits which you agreed to provide in the written contract or agreement, or the limits shown on the Declarations of this Coverage Part, whichever are less. b. The insurance provided to such premises owner, manager or lessor does not apply to: (1) 'Bodily injury" or "property damage" caused by an "occurrence" that takes place, or "personal injury" or "advertising injury" caused by an offense that is com- mitted, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, manager or lessor. c. The insurance provided to such premises owner, manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. F. BLANKET ADDITIONAL INSURED — LESSORS OF LEASED EQUIPMENT The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is an equipment lessor and that you have agreed in a written con- tract or agreement to include as an additional in- sured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertis- ing injury" that: a. Is "bodily injury" or "property damage' caused by an 'occurrence' that takes place, or "per- sonal injury" or "advertising injury" caused by an offense that is committed, after you have CG D4 58 07 13 © 2013 The Travelers Indemnity Company. All rights reserved. Page 3 of 7 Includes copyrighted material of Insurance Services Office, Inc. with its permission. TANKO LIGHTING AGR# TBD REVIEWED BY: " I�. EUNICE HEREDIA (PG 12 OF 17) COMMERCIAL GENERAL LIABILITY signed and executed that contract or agree- ment; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use by you of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the limits which you agreed to provide in the written contract or agreement, or the limits shown on the Decla- rations of this Coverage Part, whichever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury" or "property damage" caused by an "occurrence" that takes place, or "personal injury" or "ad- vertising injury" caused by an offense that is committed, after the equipment lease expires. c. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, unless you have agreed in a written contract for this insurance to apply on a pri- mary or contributory basis. G. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: Unless you are in the business or occupation of providing professional health care services, "occurrence" also means an act or omission committed in providing or failing to provide "Incidental medical services" to a person. 2. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; c. First aid: or 3. The following is added to Paragraph 2.a.(1) of SECTION 11— WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to any "bodily injury" arising out of any providing or failing to provide "incidental medical services" by any of your "employees", other than an employed doctor. Any such "employees" providing or failing to provide "incidental medical services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 4. The following exclusion is added to Para- graph 2., Exclusions, of SECTION I — COV- ERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consent of, the insured. 5. The following is added to Paragraph 5. of SECTION III - LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed in the providing or fail- ing to provide "incidental medical services" to any one person will be considered one "oc- currence". 6. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED. H. PERSONAL INJURY — ASSUMED BY CON- TRACT d. "Good Samaritan services". 1. The following replaces Exclusion e., Contrac- tual Liability, in Paragraph 2. of SECTION "Good Samaritan services" means any emer- — COVERAGES — COVERAGE B PER- gency medical services for which no compen- SONAL AND ADVERTISING INJURY LI- sation is demanded or received. ABILITY: Page 4 of 7 © 2013 The Travelers Indemnity Company. All rights reserved. CG D4 58 07 13 Includes copyrighted material of Insurance. services Office, Inc. with its permission. TANKO LIGHTING AGR# TBD e. Contractual Liability REVIEWED BY: ;It. "Personal injury" or "advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to: (1) Liability for damages that the insured would have in the absence of the contract or agreement; or (2) Liability for damages because of "personal injury" assumed in a con- tract or agreement that is an "insured contract", provided that the "personal injury" is caused by an offense com- mitted subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable at- torneys fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of "personal injury", provided that; (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against civil or alternative dispute resolution proceeding in which damages to which this in- surance applies are alleged. 2. The following replaces the third sentence of Paragraph 2. of SUPPLEMENTARY PAY- MENTS — COVERAGES A AND B: Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily In- jury And Property Damage Liability or Para- graph 2.e. of Section I Coverage B — Per- sonal and Advertising Injury Liability, such payments will not be deemed to be damages because of "bodily injury", "property damage" or "personal injury", and will not reduce the limits of insurance. 3. The following replaces Paragraph 2.d. of SUPPLEMENTARY PAYMENTS — COVER - EUNICE HEREDIA (PG 13 OF 17) COMMERCIAL GENERAL LIABILITY the insured and the interests of the in- demnitee; 4. The following replaces the first subparagraph of Paragraph f. of the definition of "insured contract" in the DEFINITIONS Section: f. That part of any other contract or agree- ment pertaining to your business (includ- ing an indemnification 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," "property damage" of "per- sonal injury" to a third person or organiza- tion. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily in- jury" in the DEFINITIONS Section: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at anytime. J. BODILY INJURY TO CO -EMPLOYEES AND CO -VOLUNTEER WORKERS The following is added to Paragraph 2.a.(1) of SECTION 11— WHO IS AN INSURED: Paragraph (1)(a) above does not apply to "bodily injury" to a co -"employee" in the course of the cc - "employee's" employment by you or performing duties related to the conduct of your business, or to "bodily injury" to your other "volunteer workers" while performing duties related to the conduct of your business. K. AIRCRAFT CHARTERED WITH CREW The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with crew to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or prop- erty for a charge. L. NON -OWNED WATERCRAFT AGES A AND B: 1. The following replaces Paragraph (2) of Ex - d. The allegations in the "suit" and the in- clusion g., Aircraft, Auto Or Watercraft, in formation we know about the "occur- Paragraph 2. of SECTION I - COVERAGES rence" or offense are such that no conflict — COVERAGE A BODILY INJURY AND appears to exist between the interests of PROPERTY DAMAGE LIABILITY: CG D4 88 07 13 Col 2013 The Travelers Indemnity Company. All rights reserved. Page 5 of 7 Includes copyrighted material of Insurance Services Office, Inc. with its permission. TANKO LIGHTING AGR# TBD REVIEWED BY: 4. COMMERCIAL GENERAL LIABILITY (2) A watercraft you do not own that is: (a) Fifty feet long or less; and (b) Not being used to carry any person or property for a charge. 2. The following is added to Paragraph 2. of SECTION II —WHO IS AN INSURED: Any person or organization that, with your ex- press or implied consent, either uses or is re- sponsible for the use of a watercraft that you do not own that is: (1) Fifty feet long or less; and (2) Not being used to carry any person or property for a charge. M. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: b. Up to $2,500 for cost of bail bonds re- quired 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. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit",including actual loss of earnings up to $500 a day because of time off from wo rk. N. MEDICAL PAYMENTS—INCREASED LIMIT The following replaces Paragraph 7. of SECTION III - LIMITS OF INSURANCE: 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C. for all medical expenses because of "bod- ily injury" sustained by any one person, and will be the higher of: (a) $10,000; or (b) The amount shown on the Declarations of this Coverage Part for Medical Expense Limit. O. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV — COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: G ` t . EUNICE HEREDIA (PG 14 OF 17) e. The following provisions apply to Paragraph a. above, but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1, or 2. of Section 11 —Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the 'occurrence" or offense is known to you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your trustees who is an individual (if you are a trust), any of your "executive officers" or directors (if you are an organization other than a partnership, J oint venture, limited liability company or trust) or any "employee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture, lim- ited liability company or trust, and none of your partners, joint venture members, managers or trustees are individuals, no- tice to us of such "occurrence" or offense must be; given as soon as practicable only after the "occurrence" or offense is known by: (a) Any individual who is: (1) A partner or member of any part- nership orjoint venture; (ii) A manager of any limited liability company; (iii) A trustee of any trust; or (iv) An executive officer or director of any other organization; that is your partner, joint venture member, manager or trustee; or (b) Any "employee" authorized by such partnership, joint venture, limited li- ability company, trustor other organi- zation to give notice of an "occur- rence" or offense. (3) Notice to us of such "occurrence" or of- fense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your workers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as prac- ticable after any of the persons described in Paragraphs e.(1) or (2) above discov- Page 6 of 7 © 2013 The Travelers Indemnity Company. All rights reserved, CG D4 58 07 13 Includes copyrighted material of Insurance Services Office, Inc. with its permission. TANKO LIGHTING AGR# TBD REVIEWED BY: V'v ers that the 'occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this policy includes an endorse- ment that provides limited coverage for "bod- ily injury" or "property damage" or pollution costs arising out of a discharge, release or escape of "pollutants" which contains a re- quirement that the discharge, release or es- cape of "pollutants' must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that requirement. P. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional er- ror in, any information provided by you which we relied upon in issuing this policy will not prejudice EUNICE HEREDIA (PG 15 OF 17) COMMERCIAL GENERAL LIABILITY your rights under this insurance. However, this provision does not affect our right to collect addi- tional premium or to exercise our rights of cancel- lation or nonrenewal in accordance with applica- ble insurance laws or regulations. Q. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE The following replaces Exclusion a., Expected Or Intended Injury, in Paragraph 2, of SECTION I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: a. Expected or Intended Injury or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the in- sured. This exclusion does not apply to "bod- ily injury" or "property damage" resulting from the use of reasonable force to protect any person or property. CG D4 58 07 13 © 2013 The Travelers Indemnity Company. All rights reserved. Page 7 of 7 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. TANKO LIGHTING AGR# TBD TRAVELEF75' J REVIEWED BY: EUNICE HEREDIA (PG 16 OF 17) WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY WC 99 03 76 ( A)— POLICY )— POLICY NUMBER: UB -4E96385-4-15 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) 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 this endorsement shall be % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description Any person or organization requiring waiver of subrogation by written contract for work performed by or on the insured's behalf 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 05/19/15 Policy No. UB -4E96385-4-15 Endorsement No, Insured Tanko Street Lighting, Inc. Premium Insurance Company Travelers Property Casualty Co of America Countersigned by DATE OF ISSUE: ST ASSIGN: Page 1 of 1 TANKO LIGHTING AGR# TBD REVIEWED BY: Z EUNICE HEREDIA (PG 17 OF 17) SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 08/07/2015 NAME OF INSURED: Tanks Street Lighting, Inc. DBA: Tanks Lighting Additional Description of Operations/Remarks from Page 1: Additional Information: Includes: General Liability: Additional Insured per attached form CGD2480805. Primary Wording per attached form CG00011001. Waiver of Subrogation per attached form CGD4580713 Auto Liability: Additional Insured and Waiver of Subrogation per attached form CAT353(02-12). Workers Comp: Waiver of Subrogation per attached form WC990376. SUPP (05/04) A br CERTIFICATE OF LIABILITY INSURANCE DATE /DDYYYY) 05/233 /2016 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 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 LIC #0056172 1-888-845-2248 McSherry & Hudson CONTACT NAME: PHONE 408-550-2130 ( 408-550-2119 (A/C. No ExtI: A/C No 160 West Santa Clara Street Suite 715 E-MAIL ADDRESS: X X San Jose, CA 95113 INSURERS AFFORDING COVERAGE NAIC If INSURERA: TRAVELERS PROP CAS CO OF AMER 25674 X COMMERCIAL GENERAL LIABILITY INSURED Tanko Street Lighting, Inc. INSURER B: HISCOX INS CO INC 10200 DBA: Tanko Lighting INSURER C: INSURER D: 220 Bayshore Blvd. INSURER E: San Francisco, CA 94124 INSURER F: RK *PI QZ41AC17+ M071121WAN I =111110 I 11011:12 a'i1.1•Yd4114' NSU 091`811\■\I1hAIt] =1 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. INSIR LTR TYPE OF INSURANCE ADDL SUBR- POLICY NUMBER EFF MM DD YYYY MMIOLICY DDYYYY LIMITS A GENERAL LIABILITY X X 630-847OL003—TIL-16 05/19/1 05/19/17 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE PREMISESS ( RENTED 100, 000 Ea occurrence $ MED EXP (Any one person) $ 5,000 CLAIMS -MADE 1�1 OCCUR PERSONAL & ADV INJURY ' $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $2,000,000 X POLICY PRO- LOC $ A AUTOMOBILE LIABILITY X i X BA-8470L003—TIL-16 05/19/1 05/19/17 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALLOSCHEDULED '.AUT UOSS AUTOS ( -- -- ----- ---- BODILY INJURY P $ (Per accident) X 'HIRED AUTOS g NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident ($ A X UMBRELLA LIAB X OCCUR CUP-8470L003—TIL-16 05/19/1 05/19/17 EACH OCCURRENCE $ 3,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 3,000,000 DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE( OFFICER/MEMBER EXCLUDED? Y❑ N I A X UB -4E963854-16 05/19/1 05/19/17 X WCSTATU- �OTH- ' O Y I 'S 1= --- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Professional E&O I MPL 4 .1 5 9 7 Each Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Analyses. Additional Insureds: City of Santa Ana, its City Council, boards, commissions, their officers, employees and agents. RI-'Vl W6 D BY UNl t C & EREDIA (Pc O __. ...__ ✓. ... �i Irl, I nUwcrt %,1A r_LLH1IUIV City of Santa Ana Attn:Ross Annex Civic Center Plaza, 3rd Floor Reception Santa Ana, CA 94087 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD wilsonkl9 46920609 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO |8ANINSURED — (Section U)imamended to include any person or organization that you mgnao in o"written contract requiring insurance" to include memnadditional insured on this Cover- age Part, but: ovepmgePo¢but: a) Only with respect toliability for "bodily in]ur/'. "property damage" or "personal injury"; and b) If, and only tothe extent that, the injury or damage is caused by acts or omissions of you oryour subcontractor inthe performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify ononadditional insured with respect to the independent acts oromissions ofsuch person ororganization. 2. The insurance provided tothe additional insured bythis endorsement ia|imitedeofollows: m> In the event that the Limits of Insurance of this Coverage Part shown inthe Declarations exceed the limits of liability required by the "written contract requiring inaunanua'', the in- surance provided to the additional insured ohoU be limited to the limits of liability re- quired by that "written contract requiring in- eunanoe"This endorsement shall not in- crease the limits of insurance described in Section III — Limits OfInsurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "pnop- ertydamage" or"personal injury" arising out of the rendering of, or failure to render, any professional mrohituutuna|, engineering orsur- veying oen/icoo. including: 1. The prepahng, opprovnO, or failing to prepare or appnovo, mmpe, shop draw- ings, opinions, naporta, surveys, field or- ders pdena or change ordera, or the preporing, appnov|ng, or failing to prepare or op- prova`drawings and specifications; and ||. Supervisory, inspection, architectural or engineering activities, c) The insurance provided k/the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "prod u/tn'nnmp|etedop- erations hmzord" 3. The insurance provided 1othe additional insured bythis endorsement iaexcess over any valid and collectible "other insuronce", whether primmry, excess` contingent or on any other basis, that is available to the additional insured for a loss we cover under this endonmmmenk. However, if the "written contract requiring insurance" specifically naquinaa that this insurance apply on a primary basis or o primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such |oou, and we will not share with that "other insurance". But the insurance provided to the additional insured bythis endorsement still is excess over any valid and om||ed|b|e "other in- munonca", whether primary, excema, contingent or on any other baaio, that is available to the addi- tional insured when that person ororganization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured bythis endorsement: m) The additional insured must give us written notice as moon as practicable of an "occur- rence" or on offense which may neau|1 in o claim. To the extent possible, such no{|ma should include: |. How, when and where the "Vonunanoa" oroffense took place; 11. The names and addresses of any injured persons and witnesses; and |U. The nature and location of any injury or damage arising out ofthe "ocournenoa''or offense. CG D2 48 08 05 0 2005 The St. Paul Travelers Companies/' COMMERCIAL GENERAL LIABILITY b) If aclaim ismade m"suit" is brought against the additional insured, the additional insured |. Immediately record the specifies of the claim or"omit'and the date received; and U. Notify uoaasoon smpracticable. The additional insured must see to itthat wm receive written notice ofthe claim or"muit'as soon as practicable. o) The additional insured must immediately mend us copies of all legal papers received in connection with the claim or''auif", cooperate with us in the investigation or settlement of the claim or defense against the "amit", and otherwise comply with all policy conditions, d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of"other insurance" which would cover the additional insured for o |oaa we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement kaprimary Vo"other insur- ance" noupmnoa^ available to the additional insured which covers that person ororganization ama named insured madescribed in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part ofany written contract cvagreement under which you are required to include a person or organization as an additional in- sured on this Coverage Pad. provided that the "bodily injury' and "property dmmmga"oo- uura and the "personal in/ur/' is caused by an offense committed: m. After the signing and execution ofthe contract magreement byyou; b. While that part of the contract or agreement ioineffect; and c. Before the end ofthe policy period, Page 2 of 2 0 2005 The St. Paul Travelers Companies�,/Inc,.; CG D2 48 08 05 BY RACE HEREDA (PG50F Policy Number: 630-847OL003-TIL-16 ororganization which may beliable hothe insured because of injury or damage to which this insurance may also apply, d. No insured will, except at that inmunad'o 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 Ue No person or organization has m right under this Coverage Part: a. To join us as m party or otherwise bring us into m "aufasking for damages from on in- sured; or b. To sue usonthis Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to nacm/ar on on agreed settlement or on o 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 applicable limit of ineurmnoe. An agreed settle- ment means m settlement and na|eeoe of liability signed by ua, the insured and the claimant orthe claimant's legal napnaeen(miiva. 4. Other Insurance Ifother valid and collectible insurance isavailable to the insured form loss we cover under Cover- ages A or B of this Coverage Part, our obligations ovepmAeeAorBofthieCovenagePmrt,ourob|igetiuna are limited as follows: a. Primary Insurance The insurance is primary except when b. be- low app|iee. If this insurance is primary, our obligations are not affected unless any nfthe other insurance iaalso primary. Then, wmwill ahmua with all that other insurance by the method described inn.below. b Excess Insurance This insurance is excess over: (1) Any of the other inuunmnco, whether pri- mary, excess, contingent or on any other (a)That is Fire' Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your wmrk'; (h) That is Fins insurance for premises rented to you or temporarily occupied by you with permission of the owner; CGO0D1 10O1 0|SOP COMMERCIAL GENERAL LIABILITY (c) That isinsurance purchased byyou to cover your liability as atenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the mainte- nance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion 0. of Section | —Covorage A— Bodily Injury And Property Dom - age Liability. (3) Any other primary insurance available to you omxar|ng liability for damages arising out of the premises or operations for which you have been added aman addi- tional insured by attachment of an en- dorsement. When this insurance is excess, we will have no duty under Coverages Aor BUz defend the insured against any "suit" if any other in- surer has aduty todefend the insured against that "suit". |fnoother insurer defends, we will undertake to do mo, but we will be entitled to the inaured'a rights against all those other in- surers. When this insurance is oxoeou over other in- surance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other in- surance would pay for the |oae in the ab- sence ofthis insurance; and (2) The total ofall deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Ex0000 Insurance provision and was not bought specifically to apply in excess of the Limits ofInsurance shown inthe Declarations nfthis Coverage Part, c. Method Of Sharing If all of the other insurance permits contribu- tion by equal ohenac\ we will follow this method also. Under this approach each in- surer contributes equal amounts until it has paid its applicable limit ofinsurance or none ofthe loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal oharea, we will oon1rib- Policy Number: 630-847OL003-TIL-16 COMMERCIAL GENERAL LIABILITY THUS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVBAGE—Thieendorsemntbmadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited byanother endorsement tothis Coverage Part, and these coverage broadening provisions donot apply tn the extent that coverage is excluded or limited by such an endorsement. The following listing is general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is over'agodeaoriptionon|y.Limitationeandexo|uaiunameyapp|ytotheoeoovenagem.Reada||thepmvisioneofthiaen- dnneemantandthenaotnfyourpo|inyoarefu||ytodetarminerighto.duties.endwhetis and isnot covered. A. Broadened Named Insured S. Blanket Additional Insured —Broad Form Vendors C. Damage ToPremises Rented ToYou ^ Perils of fire. exp|osion. lightning, smoke, water ° Limit increased toG30O000 D. Blanket Waiver Of Subrogation E. Blanket Additional Insured — Owner . Managers OrLessors OfPremises F. Blanket Additional |nmurad—Leaaom Of Leased Equipment G. Incidental Medical Malpractice HL Parsonm||njury—AosumedByContract 1. Amended Bodily Injury Definition PROVISIONS A. BROADENED NAMED INSURED 1' The following isadded toSECTION U—WHO IS AN INSURED: Any organization, other than a partnership or joint venture, over which you maintain owner- ship or majority interest on the effective date of the policy qualifies as a Named Insured. Howevar, coverage for any such organization will cease as of the date during the policy hod that you no longer maintain ownership of, or majority |r0eneet in, such organization, IL The following replaces Paragraph 4.n. of SECTION || —WHO |S AN INSURED: o. Coverage under this provision ieafforded only until the 180th day after you acquire n[form the organization orthe end ofthe policy period, whichever ieearlier, unless reported inwriting touswithin 18Odays. J. Bodily Injury ToCo-Employees And Co -Volunteer Workers H. Aircraft Chartered With Crew L Non -Owned Watercraft — Increased From 25Feet To 50 Feet M. Increased Supplementary Payments " Cost ofbail bonds increased tos2.5OD " Loss ofearnings increased ho$5OOper day N. Medioa|Payments-|ncreaeedLimit 0. Knowledge And Notice [fOccurrence OrOffense P. Unintentional Omission Q. Reasonable Force — Bodily Injury Or Property Damage B. BLANKET ADDITIONAL INSURED — BROAD FORM VENDORS The following is added to SECTION U —WHO IS AN|NSUFKED: Any person or organization that is mvendor and that you have agreed in a written contract or agreement to include as on additional insured on this Coverage Part isaninsured, but only with re- spect to liability for "bodily injury" or "property damage" that: m. |acaused byan"occurrenne^that takes place after you have signed and executed that con- tract oragreement;and b. Arises out of "your products" which are dis- tributed or sold in the regular course of such vendor's business. The insurance provided tosuch vendor iesubject provisions. - CG D4680713 @zomThe Travelers Indemnity Company. fu|rights resd. Page 1 of COMMERCIAL GENERAL LIABILITY a. The limits of insurance provided to such ven- dor will en-dorvviU be the limits which you agreed to pro- vide in the written contract or agreement, or the limits shown in the Declarations of this Coverage Part, whichever are less. b. The insurance provided to such vendor does not apply to'. (1)"Bodily injury" or"property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence ofthe contract oragreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in "your products" made intentionally by such venoor, (4) RepaokaAing, unless unpacked solely for the purpose of inspection, demonmtration, teaing, or the substitution of parts under instructions from the monufaoturar, and then repackaged inthe original container; (5) Any failure bz make such inopections, ad- ]usbnents, tests or servicing as vendors agree to perform or normally undertake to perform inthe regular course ofbusiness, in connection with the distribution or an|a of"your products"; (6) Demonstrmtion, inebaUatkm, servicing or repairrotio performed at such vendor's premises in connection with the sale of "your prod - (7) "Your products" which, after distribution or sale by you, have been labeled or rela- beled or used as a container, part or in- gredient of any other thing or substance by or for such vendor. Coverage under this provision does not apply to: o. Any person or organization from whom you have acquired "your products", or anyingre- dient. part orcontainer entering into, accom- panying orcontaining such products; ur b. Any vendor for which coverage as an addi- tional insured specifically iascheduled byen- dorsement. JURY AND PROPERTY DAMAGELLA8|L- IT./: Exclusions cthrough n.donot apply todam- age to premises while rented to you, o,tem- porarily occupied by you with permission of the owner, caused by: o. Fire� b. Exp|oeion� c Lightning; d. Bnluke resulting from such fire, exploskm, orlightning; or e. Water. Xaeparate limit ofinsurance applies husuch damage to premises as described in Para- graph 6.ofSection III — Limits OfInsurance. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: o. Rupture, buetinQ, or operation of pres- sure relief devices; . b' Rupture urbursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from vva- ter� . u. Explosion of abeam boi|ana, steam pipea, steam engines, orsteam turbines. 2' The following replaces Paragraph 6' of SEC- TION III — LIMITS EC~TIO0N—L|K8|TS OF INSURANCE: Subject toS. above. the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage Afor damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the mwner, caused by fire; explosion', lightning smoke resulting from such fire, explosion, or lightning; or wa- ter. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the some "ocourrence", whether such damage results from fine; explosion; lightning; smoke resulting from such fire, ex' p|oeion. or lightning; water, or any combina- tion of any of these. ombina'tionofanyoftheae. The Damage To Premises Rented To You Limit will be the higher of: C. DAMAGE TO PREMISES RENTED TO YOU a. $300,000; or 1. The following last of b. The amount shown onthe Declarations of Paragraph 2.. Exclusions, of SECTION | _ this Coverage Part for Damage To Prem - COVERAGES — COVERAGE A BODILY \N- iaea Rented ToYou Limit. Page 2of7 Oc2u1aThe Travelers Indemnity Company. All rights reserved. CGD4580713 Includes copyrighted material ovInsurance Services Office,Inc, 3. The following replaces Paragraph a.ofthe definition of "insured contract" in the DEF N11~ TIONS Section: a. A contract fora lease of premises. How- ever, that portion of the contract fora lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied byyou with permission of the owner, caused by: (1) Fire; (2) Explosion; (3) Lightning; (4) Smoke resulting from such fin*' ex- plosion, or lightning; or x-plosion.or|kJhtning;or (5) Water. is not an "insured contract"; 4. The following replaces Paragraph 4.b^(1)(b) of SECTIONIV—COMMERC[ALGENERAL LIABILITY CONDITIONS: (b) That is insurance for premises rented to you, ortemporarily occupied byyou with the permission ofthe owner; D. BLANKET WAIVER OF SUBROGATION The following iaadded to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us. of SECT|ONIV—COMMERCbuL GENERAL LI- ABILITY Ne waive any right of recovery we may have against any person or organization because of payments we make for injury nrdamage arising out ofpremises owned or occupied byorrented or loaned tnyou; ongoing operations performed by you or on your beha|f, done under contract with that person or organization; "your work'; or "your products". We waive this right where you have agreed todoeoaepart ofowritten contract, executed byyou prior toloss. E. BLANKET ADDITIONAL |NSURED—OVVNERS. MANAGERS OR LESSORS OF PREMISES The following is added to SECTION U —WHO IS Any person or organization that is a premises mwner, manager or lessor and that you have agreed in m written contract or agreement to name as an additional insured onthis Coverage Part is an inoured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" that: COMMERCIAL GENERAL LIABILITY a. Is "bodily injury" or"property damage" caused UY an "occurrence" that takes place, or"per- sonal injury" or "advertising injury" caused by an offense that is uommitted, after you have signed and executed that contract oragree- me nt�and b. Arises out of the mwnership, maintenance or use of that part of any premises leased to you. The insurance provided tosuch premises owner, manager orlessor issubject tothe following pm- visione: a. The limits of insurance provided to such premises owner, manager or lessor will be the limits which you agreed to provide in the written contract or agnoement, or the limits shown on the Declarations of this Coverage Part, whichever are less. b. The insurance provided to such premises owner, manager orlessor does not apply to: (1) "Bodily injury" or "property damage" caused by an "occurrence" that takes place, or "personal injury or "advertising injury" caused by an offense that ieoon+ mitted, after you cease to be a tenant in that premises; or (2) Structural a|herationn, new construction or demolition operations performed by or on behalf ofsuch premises owner, manager or lessor, c. The insurance provided to such premises mwner, manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager orlessor, unless you have agreed in awritten contract for this insurance to apply on a primary or contributory basis. F. BLANKETADDOlONAL|NSURED—LESSORS OPLEASED EQUIPMENT The following is added to SECTION || —VVHO IS A0|NSURE0: Any person or organization that is an equipment lessor and that you have agreed inawritten con- tract mragreement ho include as an additional in- sured on this Coverage Part is an inoured, but only with respect to liability for "bodily injury", "property damage". "personal injury" or"advertia- inginjury" that: a. Is "bodily injury" or "property damage" caused by an "occurrence" that takes plama, or"per- sonal injury" or"advertising injury" caused by an offense that is committed' after you have CGD468 0713 C)zmxThe Travelers Indemnity Company. Ad|rights reserved. Page 3of7 COMMERCIAL GENERAL LIABILITY signed and executed that contract oragree- ment; and b' Is uoused, in whole or in part, by your acts or omissions in the nlaintenanoe, operation or use by you of equipment leased to you by such equipment lessor. The insurance provided bzsuch equipment lessor is subject tothe following provisions: a. The limits of insurance provided to such equipment lessor will be the limits which you agreed to provide in the written contract or agreement, or the limits shown on the Decla- rations of this Coverage Part' whichever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury" or ^pmpartydamage" caused byen'oocurrenoe" that takes pace, or "personal injury" or''ad- vertising injury" caused by onoffense that is committed, after the equipment lease expires. o. The insurance provided to such equipment lessor iaexcess over any valid and collectible other insurance available tosuch equipment |emmor, unless you have agreed ina written contract for this insurance to apply on a pri- mary or contributory basis. ri'meryoroontributorybaaia. G. INCIDENTAL MEDICAL MALPRACTICE 1. The following ieadded tothe definition of"oc- currence" in the DEFINITIONS Section: Unless you are in the business oroccupation of providing professional health care services, "ocourrence" also means an act or omission committed in providing or failing to provide "incidental medical services" to m person. 2. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a Modioo|, surgical, dental, |abunatop/, x-ray or nursing service or treatment, advice or inatruction, or the related furnishing of food orbeverages; b. The furnishing or dispensing of drugs or medical, dente|, or surgical supplies or c. First aid; or 3. The following is added to Paragraph .(1) of SECTION U—WHO IS AN INSURED: Unless you are in the business of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to any "bodily injury" arising out of any providing or failing to provide "incidental medical services" by any of your "employees", other than an employed doctor. Any such '.employees" providing or failing to provide "incidental medical services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 4. The following exclusion is added to Para- graph 2'. Exclusions, of SECTION | — COV- ERAGES—COVER#GE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale OfPharmaceuticals "Bodily damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consent of, the insured. 6. The following isadded to Paragraph 6. of SECTION III —LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed in the providing or fail- ing to provide "incidental medical services" to any one person will beconsidered one "oo- cunenms" 6. The following ioadded toParagraph 4.b.. Ex- cess Insurance, of SECTION K/ — COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: This insurance is excess over any valid and collectible other inauranoe, whether primory, excess, contingent oronany other basis, that is available to any of your "employees" for "bodily injury" that arises out ofproviding or failing to provide "incidental medical services" N any person to the extent not subject to Paragraph 2.a.(1) of SECTION U — WHO IS ANINSURED. H. PERSONAL INJURY — ASSUMED BY COW TRACT d. "Good Samaritan earvioea t The following replaces Exclusion e' Contrac- tual Liability, in Paragraph 2. of SECTION | "Good — COVERAGES — COVERAGE B PER~ genoy medical services for which no compen- SON/4L AND ADVERTISING INJURY L/~ oationiademmndedorreceivad ABILITY: Page 4of7 OgcmaThe Travelers Indemnity Company. All rights reserved. CGD45GO713 Includes copyrighted material mInsurance Services Office, Inc. with its p rmi e` Contractual Liability "Personal injury or "advertising injup/ for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to: (1) Liability for damages that the insured would have in the absence of the contract oraQnaement� or (2) Liability for damages because of "personal injury" assumed in a con- tract oragreement that is an "insured contract", provided that the "personal injury" is caused by an offense com- mitted subsequent tothe execution of the contract or agreement. Solely for the purposes of liability assumed in an ''insured contract", reasonable at- torneys fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of "personal injury", provided that: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured oon1raoC'; and (b) Such attorney fees and litigation expenses are for defense of that party against m civil or alternative dispute resolution proceeding in which damages to which this in- surance applies are alleged. 2. The following replaces the third sentence of Paragraph 2' of SUPPLEMENTARY PAY- MENTS —COVERAGES AAND B: Notwithstanding the provisions ufParagraph 2.b.(2)ofSection |—Coverage A—Bodily|n- juryAnd Property Damage Liability orPara- graph 2.e' of Section | —Coverage B — Per- sonal epmuna| and Advertising Injury Liability, such payments will not be deemed to be damages because of "bodily injury", "property damage" or "personal injury", and will not reduce the limits ofinsurance. 3. The following replaces Paragraph 2.d. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND OVER-AGES8AND B: d. The allegations in the ''auit" and the in- formation we know about the "occur- rence" or offense are such that no conflict appears to exist between the interests of COMMERCIAL GENERAL LIABILITY the insured and the interests of the in- demnitee; 4. The following replaces the first subparagraph of Paragraph [ of the definition of "insured contract" in the DEFINITIONS Section: f. That part of any other contract or agree- ment pertaining to your business (includ- ing an indemnification of a municipality in connection with work performed for m municipality) under which you assume the tort liability of another party to pay for "bodily injury." "property damage" or^per- aona| injury" toathird person ororganizo' tion. Tort liability means liability that would be imposed by law inthe absence of any contract oragreement. |. AMENDED BODILY INJURY DEFINITION The following nsp|ooen the definition of "bodily in- jury" in the DEFINITIONS Section: "Bodily injury" bodily injury, guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. J. BODILY INJURY TO CO -EMPLOYEES AND CO~VOL0N7EERVVORKERS The following is added to Paragraph 2.a.(1) of SECTIO 0 ||—VVHO IS AN | NSU RED: Paragraph (1)(m)above does not apply to "bodily i to o co -"employee" in the course of the co - "employee's" employment by you or performing duties related to the conduct of your business, or to "bodily injury" to your other "volunteer workers" while performing duties related tothe conduct of your business. K. AIRCRAFT CHARTERED WITH CREW The following is added to Exclusion g., Ai Auto grWatercraft, i Paragraph 2.ofSECTION |— COVERAGES —COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to on aircraft that is: (o) Chartered with crew to any insured; (b) Not owned byany insured" and (o) Not being used to carry any person or prop- erty for acharge. L N0N'OVVNEDVVATERCRAFT 1. The following replaces Paragraph (2)ufEx- clusion g` Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION | — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: CG D4 68 0713 Q) 201sThe Travelers Indemnity Company. All rights reserved. Page 5of7 Includes mpyriuhmmmaterial ofInsurance Services COMMERCIAL GENERAL LIABILITY (2) Awatercraft you donot own that is: e. The following provisions apply to Paragraph (a) Fifty feet long orless; and a.above, but onlyfo[thepurpoeeonfthein- (b) Not being used to carry any person or auranoeprovidedunderth�CovenagePa�to property for aoheqge � you or any insured listed in Paragraph 1 or2 ' ' ofSection U—Who |oAnInsured: 2. The following is added to Paragraph %L of �`,-, (1)Notice to us of such "occurrence" or of - SECTION U|—WHO IS AN INSURED: fenmemust begiven aasoon ae pnamtica- Any person nrorganization that, with your ex- b|e only after the ''oocurnence" or offense press or implied consent, either uses or is re' is known to you (if you are an individua|), nponeib|efor the use ofawatercraft that you any of your partners or members who is donot own that ie ^ an individual (if you are a partnership or (1) Fifty feet long or less; and joint venture)' any of your managers who (2� Not being used to carry any person or iaanindividual (if you are alimited liability `~ property for a charge. cnmpany), any ufyour trustees who is an ^ M. |N(�p�������U�pL�*8��1�`p�`�����K8EN�� individual (if you ore a trust), any of your "executive officers" ordirectors (if you are 1. The following replaces Paragraph 1.b. of on organization other than a partnership, SUPPLEMENTARY PAYMENTS— COVER- joint venture. limited liability company or AGES A AND B of SECTION | — COVER- trust) or any "employee" authorized by ����� � you to give notice of an "occurrence" or b. Up to $2.500 for cost of bail bonds re- offense. qu|ned because of accidents or traffic law (2) If you are m partnership, joint venture, |im- vio|ationa arising out of the use of any itadliability company ortrust, and none of `E~ B = vehicle o which the oy Injury Liability your �a�n*na. joint venture nembena.Coverageapp|ies,Vedonothovehofu� nimhthes� bondo� managers or trustees are individuals, no- � tiueto usofsuch "occurrence" or offense -102 2. The following replaces Paragraph 1.d. of must be given eesoon ao practicable only �� SUPPLEMENTARY PA`fK0ENTS— COVER- after the ^occurmnoe^oroffense ieknown ���������N��of���T|��N| ���V�;� . — by'. tj AGES: d. All reasonable expenses incurred by the (a) Any individual who is: insured at our request to omsied us in the (1) Apartner or member ofany part - art-investigationordefenaeuftheu|aimor n� investigation or defense of the claim or nerehipor]ointventune- ' , oui�' including actual |ooe of earnings (/i) A manager of any limited |iobi|dY to $50 a day because of time off from company; work. ZZ Ui0Atrustee ofany trust; or N. MEDICAL PAYMENTS — INCREASED LIMIT (iv)Anexecutive officer ordirector ofanyotherorgnni�edion� ^ The following replaces Paragraph 7' of SECTION U| —LVPNXTS��F INSURANCE: 7^ Subject to S. above. the Medical Expense that is your partner, joint venture member, manager or Limit is the most we will pay under Coverage ' x� C. for all medical expenses because of"bod' (b) Any "employee" authorized by such Uy injury" sustained by any one person, and Partnerehip, joint venture, limited |i - Z will be the higher of". ability oompany, trust or other organi' (m) $1OOOO�mr zahon to give notice of an ''ouou� ' ' rence"oroffense. (b) The amount shown on the Declarations of this Coverage Part for Medical Expense of - (3) Notice to us of such "occurrence)' or u� Limit� feneevvi|| be deemed to be given an soon oopracticable ifitingiven ingood faith oa 0. KNOWLEDGE AND NOTICE OF OCCUR- soon as practicable to your workers' RE0CEOROFFENSE compensation insurer. This applies only if The following isadded toParagraph 2'Duties|n you subsequently give notice toueofthe The Event of Occurrence, Offense, C|minn or "occurrence" or offense as soon as pnso- Buit. of SECTION |V — COMMERCIAL GEN- tioab|a after any of the persons described EFbALLIABILITY CONDITIONS: in Paragraphs e.(1) or (2) above disoov- PaQe0of7 C0zo1sThe Travelers Indemnity Company. All rights reserved. CGD45BO?13 Includes copyrighted material of Insurance Services Office, Inc. N �� = emthat the "occurrence" or offense may result in aunna to which the insurance provided under this Coverage Part may app/y, However, ifthis policy includes mnendorse- ment that provides limited coverage for"bod- i|y injury" or "property damage" or pollution costs arising out of a discharge, na|eooe or escape of "pollutants" which contains a re- quirement that the s'qu|rementthattha discharge release ores - cape of "pollutants" must be reported to us within e specific number of days after its abrupt commencement, this Paragraph e. does not affect that requirement. The following isadded to Paragraph Repre- sentations, of SECTION ." _ COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional er- ror pnor in, any information provided by you which we relied upon in issuing this policy will not prejudice COMMERCIAL GENERAL LIABILITY your rights under this insurance. However, this provision does not affect our right to collect addi- tional premium or to exercise our rights ofoance|- |atinn or nonrenewal inaccordance with applica- ble insurance laws orregulations. Q. REASONABLE FORCE—BOD|LY INJURY OR PROPERTY DAMAGE The following replaces Exclusion m.,Expected Or Intended Injury, in Paragraph 2. of SECTION | — COVERAGES — COVERAGE & BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: m. Expected orIntended Injury mrDamage "Bodily injury" or"property damage" expected or intended from the standpoint of the in- sured, This exclusion does not apply to "bod- ily injury' or "property dmmage" resulting from the use of reasonable force to protect any person orproperty. CG D4 68 0713 Oj� 2013The Travelers Indemnity Company. All rights resd7of7 Includes copyrighted material ofInsurance Services office, Inc. wi� its permWsion, VV0����SC0KAPENSATHON m om��Vm�m�n�mm=wJ AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) — POLICY NUMBER: na-xEoosus«-z« WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments fromanyone liable for an injury covered by this policy. We will not enforce our right against the parson or organization named in the Schedule. The additional premium for this endorsement mhmU be Y6 of the California workers' compensation pre- mium. Schedule Person owOrganization Job Description Any person or organization requiring waiver of subrogation by written contract for work performed by or on the insured's behalf This endorsement changes the policy towhich Kieattached and imeffective on the date issued unless otherwise (The information bakoxv Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 05/19/2016 Policy No. na-*u9e3854-16 Endorsement No. Insured TankoStrea[ Lighting, Inc. Premium Insurance Company Countersigned by Travelers Property Casualty CoofAmerica DATE QFISSUE: - - ST ASSIGN: Page 1 of I P01icy Number: BA -8470L003 -TIL -16 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.I., Who Is An Insured, of SECTION 11 — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or .'property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section 11. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.I., Who Is An Insured, of SECTION 11 — LI- ABILITY COVERAGE: The following is added to Paragraph c. in A.1, An "employee" of yours is an "insured" while Who Is An Insured, of SECTION 11 — LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 63 02 12 (D 2010 The Travelers Indemnity Company Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc.,*ith its permission, - - - - -------- - - ------ REVIEWED E@.)NICEtiEFrEE)IA(fl(.,15)FIS'i' COMMERCIALAUTO 2. The following replaces Paragraph b. in B.5.. Other Insurance, of SECTION [V - BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to beoov- ered "autos" you own: (1) Any covered 'auto" you |eamo, hire, rent mborrow; and (2) Any covered 'auto"hired orrented by your "employee" under a contract in that individual 'employee's' mame. with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is |eaaed, hirad, rented or borrowed with a driver is nota covered "auto". D. EMPLOYEES AS INSURED within such country mjurisdiction, for Liability Coverage for any covered 'auto' that you lease, hine, rent or borrow without a driver for m period of3O days or |eao and that is not an ''auto" you |eaaa, hire, rant or borrow from any ofyour ''emp|oyeee''. partners (if you are a partnership), members (if you are a limited liability company) or members oftheir house- ho|ds. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the ''in- oured''against, and investigate orset- tle any such claim or "suit' and keep us advised of all proceedings and ac- tions. The following is added to Paragraph A.1..Who Is (Iii) Neither you nor any other involved An Insured, of SECTION U - LIABILITY COV- "insured" will make any settlement ERAGE: without our consent. Any 'emp|oyee''ofyours iuon'imsuned'while us- (iii0VVemay, atour discretion, participate inQm covered "auto" you mwn, hire or borrow '' in defending the "insured" against, or inyour business uryour personal affairs. in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS - INCREASED ^suit^ . LIMITS (iv)We will reimburse the "insured" for 1. The following nep|eo*a Paragraph A.2.o.(2) sums that the ''inounad'' legally nfSEC7U��N||-LU4B|LITY����VERA��E: ' pay as damages because of "bodily injury" or"property damage" towhich (2) Up to $3.000 for cost of bail bonds (in- this insurance app|ieo, that the "in- cluding bonds for related traffic law viola- eured" pays with our ooneent, but tions) required because of an "ecuident" only uptothe limit described in Para - we cover. We du not have to furnish graph C.. Limit Of |nnunanne, of SEC - these bonds. TION || - LIABILITY COVERAGE. 2' The following replaces Paragraph A.2.a.(4) (v) We will reimburse the ''ineured" for ofSECTION ||- LIABILITY COVERAGE: the reasonable expenses incurred (4) All reasonable expenses incurred by the with t for i edi our conman r ymur nvu Qa' "ineuved" at our requeot, including actual tion of such claims and your defense loss of earnings up to $500 a day be- of the ''inounad" against any such cause oftime off from work. ''suit'", but only up to and included F. HIRED AUTO - LIMITED WORLDWIDE �}l� within the limit described in Pmna' ERAGE-|NDEKN|TY BASIS graph C.' Limit Of Insurance, of SECTION || - LIABILITY COVER - The following replaces Subparagraph (S)inPara- AGE, and not inaddition tosuch limit. graph B'7.. Policy Period, Coverage Tarritory, Our duty to make such payments of SECTION |V - BUSINESS AUTO CONDI- ends when we have used up the op - TIONS: p|icab|o limit of insurance in pay' pay- 6) (6) Anywhere inthe vvor|d' except any country or me�n for damagem, settlements or jurisdiction while any trade aanction, em' defense expenses. barQo, or similar regulation imposed by the (b) This insurance is excess over any valid United States of America epp||ao to and pro- and collectible other insurance available hibiha the transaction of business with or Page 2of4 Oc-zn1nThe Travelers Indemnity Company C4 T3 53¢212 Includes copyrighted material of Insurance Services Office, | ux its | i to the "insured" whether primary, excess contingent oronany other basis. (c) This insurance is nota substitute fonre- quired or compulsory insurance in any country outside the United States, its ter- ritories and er-ritorieeend possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but wewill only be liable to the same extent we would have been liable had you complied withthe compulsory in- surance requirements. (d) It isunderstood that weare not mnadmit- ted or authorized insurer outside the United States of Amerioa, its territories and pooeeeo|ona. Puerto Rico and Can- ada. We assume no responsibility for the furnishing ofcertificates ofinsurance, or for compliance in any way with the |mwo ofother countries relating to insurance. G. WAIVER OFDEDUCTIBLE —GLASS The following is added to Paragraph D.. De- ductible, of SECTION III — PHYSICAL e-duutib|a.ofSEC7IONU|—PHYS|CAL DAMAGE COVERAGE: No deductible for a covered ''auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence ofPara- graph A'4.b~ Loss Of Use Expenses. of SEC- TION |U —PHYS|CAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss ofuse is $65 per day, to maximum of $75Dfor any one "aooident' |. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—|NCREASEO L|K8iT The following replaces the first sentence in Para- graph A'4.e.. Transportation Expenses. of SECTION U{ — PHYSICAL DAMAGE COVERA- GE: We will pay up to $50 per day toa maximum of $1.5OOfor temporary transportation expense in- curred by you because of the total theft of e cov- ered "auto" of the private passenger type. ov'ered''auto''ofthaprivatepaeaangertype. COMMERCIAL AUTO J. PERSONAL EFFECTS The following isadded to Paragraph AA., Cover- age mvepage Extensions, of SECTION U| — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay upto$4OOfor '1oss'towearing ap- parel and other personal effects which are: (1) Owned byan^'insured";and (2) |noronyour covered "auto" This coverage applies only in the event ofmtotal theft cfyour covered "auto" No deductibles apply to this Hanaono| Effects coverage. K. AIRBAGS The following isadded toParagraph B.3..Exclu- sions. of SECTION |N —PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in covered 'buto''you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: m. If that 'auto' is a covered 'auto" for Compre- hensive Coverage under this policy; nmpre'henakveCoverageunderthispo|icy; b. The airbags are not covered under any wap nanty; and o. The airbags were not intentionally inflated. We will pay up to a maximum of$1.00O for any L NOTICE AND KNOWLEDGE 0FACCIDENT OR LOSS The following is added to Paragraph &�.u.. of SECT|ON|V—BWSINESS AUTO CONDITIONS: Your duty to give us orOur authorized representa- tive prompt notice of the "occident" or "loss" ap- plies only when the "accident" or"|oua"ie known to: (a) You (if you are anindividuaU; (b) A partner (if you are a partnership); (c) A member (if you are m limited liability com- Pa ny); (d) An executive officer, director or insurance manager (if you are acorporation orother or- ganization); or (e)Any 'enlpoyee"authorized byyou togive no- tice CAl3 53 0212 C)zmoThe Travelers Indemnity Company Page 3of4 COMMERCIAL AUTO The following replaces Paragraph A.6., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 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 ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident' or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 (D 2010 The Travelers Indemnity Company /11 CA T3 53 02 12 Includes copyrighted material of Insurance Services Office, Inc. wjth its per fission. p ?. .... ... .... ......... . EVVED E.N, EUMCE HERMA (PGI(O,)Fl Policy Number: BA -8470L003 -TIL -16 4. Lmoo Pmymend—Phya|ca| Damage Cover- ages avepages Atour option, wemay: a. Pay for, repair orreplace damaged orsto- len property; b. Return the stolen property, at our ex- pense. We +penam.VVe will pay for any damage that results tothe "auto"from the theft; or c. Take all or any part ofthe damaged or stolen property mtan agreed or appraised value. If we pay for the "|oms", our payment will in- clude the applicable se|om tax for the dam- aged orstolen property. 5. Transfer Of Rights Of Recovery Against Others TmUa If any person or organization tomfor whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred tous. That person or organization must do everything necessary tosecure our rights and must donothing after "ecoident"ur^|oom^toimpair them. B. General Conditions 1. Bankruptcy Bankruptcy minsolvency ofthe 1nsured or the "inourudb" estate will not relieve ueofany obligations under this Coverage Form. 2. Cuncme|ment, Misrepresentation (]rFraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "inaured", at anytime. intentionally con- ceals ormisrepresents amaterial fact oon' coming: m. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. Aclaim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium cherge, your policy will automatically provide the additional coverage as of the day the re- vision is effective inyour state. 4. No Benefit To 8ml|mw— Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit ofany per- COMMERCIAL AUTO son murganizationholdin0.atoringmtran porting property for a fee regardless of any other provision of this Coverage Form. 5. Other Insurance m. For any covered "auto" you own, this Coverage Funn provides primary insur- ance. For any covered "auto" you don't mwn, the insurance provided by this Cov- erage Form is oxoeme over any other col- lectible insurance. However, while acov- ered "auto" vvh|oh is e "trailer" is con- nected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it isconnected kuamo- tor vehideyoudonotown|or (2) Primary while it is connected to e covered "autu"you own. b. For Hired Auto Physical Damage Cover- age, any covered "auto" you |eamo, h/ny. rent urborrow indeemed kmbeacovered .auto" you own. However, any "auto"that ialeased, hired, rented nrborrowed with edriver |enot ucovered "outo^ o. Regardless of the provisions of Pana - graph m. above, this Coverage Form's Covered Autos Liability Coverage is ph- maryfor any liability assumed under an "insured contract'. d. When this Coverage Form and any other Coverage Form or policy covers on the same busiu, either excess urprimary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering onthe same basis. G. Premium Audit The estimated premium for this Coverage Fnnn is based on the exposures you told uayou would have when this po|icybe- gan. We will compute the final premium due when we determine your actual ex- posures. The estimated total premium will be credited against the final premium dun and the first Named Insured will be billed for the ba|anoe, if any. The due date for the final premium or retrospective pre- mium iathe date shown oathe due data on the bill. If the estimated 8ute| premium exceeds the final premium duo. the first Named Insured will get orefund. CA 00 01 10 13 @|neunamoe Services Office, Inc., 20,fl Page 9 of 12 ACOI " CERTIFICATE OF LIABILITY INSURANCE DATE /DDIYYYY) TYPE OF INSURANCE 9 05/19/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must 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 LIC $0056172 1-888-845-2248 CONTACT McSherry & Hudson 05/19/1 PHONE FAX C No Ext: 408-550-2130 AIC No: 408-550-2119 160 West Santa Clara Street E-MAIL ADDRESS: Suite 715 PERSONAL & ADV INJURY $1,000,000 San Jose, CA 95113 INSUREI AFFORDING COVERAGE NAIL # INSURERA: TRAVELERS PROP CAS CO OF AMER 25674 PRODUCTS - COMP/OP AGG $2,000,000 INSURED INSURER B: HISCOX INS CO INC 10200 Tanko Street Lighting, Inc. LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS y{ NON -OWNED AUTOS DBA: Tanko Lighting C: -INSURER INSURER D: 220 Bayshore Blvd, INSURER E: San Francisco, CA 94124 INSURER F: BODILY INJURY (Per accident) $ COVERAGES CERTIFICATE NUMBER: 49895248 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILTR TYPE OF INSURANCE 1M SU D POLICY NUMBER POLICY EFF POLICY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Ix I OCCUR X X 630-4E925604-17 05/19/1 05/19/18 EACH OCCURRENCE s2,000,000 AMAGE TO RENTED PREM SES Ea occurrence) $100,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PEO LOC PRODUCTS - COMP/OP AGG $2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS y{ NON -OWNED AUTOS X X BA -8470L003-17 05/19/1 05/19 18 Ee Mold DtSINGLE LIMIT 1,000,000 _ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP -4J603425-17 05/19/1 05/19/18 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 DED J I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITYf ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A X UB -4E963854-17 05/19/1 05/19/18 X WOCSTATU- 0TH - RY LIMIT.,ER E.L. EACH ACCIDENT $ 1,000,000 EL. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Professional E&O MPL 4 5 4.17 0 1 Eac Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Analyses. Additional Insureds: City of Santa Ana, its City Council, boards, commissions, their officers, employees and agents. REVIEWED BY: 61XX EUNICE HEREDIA (PG I OF �I) [rJq►tll7l91alli Oil] aa City of Santa Ana Attn: Ross Annex Civic Center Plaza, 3rd Floor Reception Santa Ana, CA 94087 USA 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 6��o ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD sarahsj 49895248 policy rlumber:630-4E925604-17 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. wWeik •' • = I This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) in the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section 111— Limits Of Insurance, b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard". 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to 'other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible 'other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such 'other insur- ance", 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an 'occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: 1. How, when and where the 'occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and Iii. The nature and location of any injury or damage arising out of the 'occurrence" or offense. CG D2 48 08 050 2005 rs _ Page 1 of 2 nc The t. au Travelers Companies, I p ftEVIEWEC7 BY: k UNICiE: hiG:.r�EDIA (PG COMMERCIAL GENERAL LIABILITY b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and II. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. d) The additional Insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other Insurance" which would cover the additional Insured for a loss we cover under this endorsement, However, this condition does not affect whether the insur- ance provided to the additional Insured by this endorsement Is primary to "other Insur- ance" available to the additional Insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V, — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 48 08 05 REVIEWED BY: EUNICE HEREDIA (PG OF c� ) TRAVELERS WORKERS COMPENSATION .AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) — POLICY NUMBER: UB -4E963854-17 WAIVER OF OUR RICHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) 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 this endorsement shall be % of the California workers' compensation pre- mium, Schedule Person or Organization Job Description Any person or organization requiring waiver of subrogation by written contract for work performed by or on the insured's behalf 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 05/19/2016 Insured Tanko Street Lighting, Inc. Insurance Company Travelers Property Casualty Co of America Policy No, us -4E963854-16 Endorsement No, Premium DATE OF ISSUE: - - ST ASSIGN: Countersigned by Page 1 of 1 REVIEWED BY EUNICE HEREDIA (PG 1o�l: { h f P 1 fWM1 e t TI A1CC)RON INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE OF LIABILITY INSURANCE 05/30/2018 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the termsand conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LIC #0056172 1-888-845-2248 CONTACT NAME: McSherry E Hudson PHONE FAX IC No Ertl' 408-550-2130 __ Alc Nol: 408-550-2119 160 West Santa Clara Street E-MAIL ADORES$: Suite 715 05/19/19 EACHOCCURRENCE $2,000,000 San Jose, CA 95113 _._.____INSURERIS) AFFORDING COVERAGE NAIC9 INSURERA: TRAVELERS PROP CAS CO OF AMER 25674 _ INSURED INSURER B: HISCOX INS CO INC 10200 Tanko Street Lighting, Inc. DBA: Tanko Lighting INSURERC: INSURER D: PERSONAL S ADV INJURY $ 1,000,000 220 Bayshore Blvd. INSURER E: San Francisco, CA 94124 _ INSURER F: COVFRAr:PS CPRTIFIOCTP MUFARFR- 5294g243 RFVIRION NUM UPR - 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. INSPOLICY R LTR TYPE OF INSURANCE ADDL UBTT POLICY NUMBER EFF MMI DIYYYY POLICY EXP MMIDUM'YY LIMITS A GENERALLIABILITY X X y -630 -6,1482170 -TIL -18 05/19/1 05/19/19 EACHOCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Es occo ante $100,000 CLAIMS -MADE 51 OCCUR MEDEXP(Anyanaperson) $10,000 PERSONAL S ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 4, 000,000 ___ GEWL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGO $2,000,000 $ POLICY X I PRO- Ll LOC i A AUTOMO@LLE LIABILI?Y - -- X X BA -63363979 -18 -CAG 05/19/1 05/19/19 COMBINED ED SINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ X ANY All BODILY INJURY (Per accident) $ —....._..___...____ PROPERTY DAMAGE O:? $-_.________„_�a�r-____ ALL OWNED SCHEDULED AUTOS ___ AUTOS NON-OWNED X HIREDAUT( X AUTOS A X UMBRELLA LIM X OCCUR CUP -6,1534122-18-14 05/19/1 05/19/19 EACHOCCURRENCE $ 3,080,0099....:. EXCESS UAB CLAIMS -MAGE AGGREGATE $ 3,000,001{1"I DED RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? i'mulaterylnNH) DE SCRIPTION OF OPERATIONS bd. NIA------ X UE -5R373797 -18-4-G 05/19/1 05/19/19WC X STATU- OTD- ;'er .IORYUMDS _. ER -- _J_ J E. L. EACH ACCIDENT $ 1,000,0001_1.9 ----------�U-+--- E.L. DISEASE - EA EMPLOYEE $ 1,000,000:'-, E.L. DISEASE-POLICYUMIT $ 11000, 1- B Pio ese one E&O MPL 5 3 .1 5 1 5 9-719 Eac Aggregate 2,000,000Ci. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space Is required) RE: AnalySea. Additional Insureds: City of Santa Ana, its City Council, boards, commissions, their officers, employees and agents. of Santa Ana Rose Annex Center Plaza, 3rd Floor Reception Santa Ana, CA 94087 ACORD 25 (2010105) sarahsj 52948243 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE- WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORr2ED REPRESENTATIVE �/// W U 19UU-ZULU AGUKU CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Ulm O M McSherry & Hudson 160 West Santa Clara Street Suite 715 San Jose, CA 95113 Np&glp!I].i Electronic Service Requested SINGLE PIECE 7737 2.5895 SP 0.510 il�lllllil�Iiiulilll11�I��l�el�l�ILI�I�IIIIJrlillh���il�ldill City of Santa Ana 181 Civic Center Plaza, 3rd Floor Reception Santa Ana, CA 94087 This document was brought to you by Carti£ieate9NOW. - I£ you have questions regarding the content of this document, please contact - the Producer/Agent listed on the certificate of insurance or the Insured listed - on the notice of cancellation/reinstatement.- To find out bow you can send and receive all of your certificates of insurance - either by email, high speed fax or standard mail, email customer.care@ebix.com- or visit our website at www.confirmnet.com- cc: r The data included in this notice and in the attached document is confidential to Ebix BPO and the party responsible for bringing you this information. w w 0 m r Policy Number: Y -630 -6j482170 -TIL -18 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY JW2W A IR • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury', "property damage" or "personal injury` and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the 'Written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or 'personal injury' arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: I. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and it. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury' or "property damage" caused by "your work" and included in the "products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible 'other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an 'occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 Y51,111111 ul"2 Policy Number: Y -630 -61482170 -TIL -18 COMMERCIAL GENERAL LIABILITY a. The limits of insurance provided to such ven- dor will be the limits which you agreed to pro- vide in the written contract or agreement, or the limits shown in the Declarations of this Coverage Part, whichever are less. b. The insurance provided to such vendor does not apply to: (1) "Bodily injury' or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in "your products' made intentionally by such vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, ad- justments, tests or servicing as vendors agree to perform or normally undertake to perform in the regular course of business, in connection with the distribution or sale of "your products"; (6) Demonstration, installation, servicing or repair operations, except such operations performed at such vendor's premises in connection with the sale of "your prod- ucts"; or (7) "Your products" which, after distribution or sale by you, have been labeled or rela- beled or used as a container, part or in- gredient of any other thing or substance by or for such vendor. Coverage under this provision does not apply to: a. Any person or organization from whom you have acquired "your products", or any ingre- dient, part or container entering into, accom- panying or containing such products; or b. Any vendor for which coverage as an addi- tional insured specifically is scheduled by en- dorsement. C. DAMAGE TO PREMISES RENTED TO YOU JURY AND PROPERTY DAMAGE LIABIL- ITY: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to such damage to premises as described in Para- graph 6. of Section III — Limits Of Insurance. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or - swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 2. The following replaces Paragraph 6. of SEC- TION III — LIMITS OF INSURANCE: Subject to 5, above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage' to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire; explosion; lightning smoke resulting from such fire, explosion, or lightning, or wa- ter. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occurrence', whether such damage results from fire; explosion; lightning; smoke resulting from such fire, ex- plosion, or lightning; water; or any combina- tion of any of these. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or 1. The following replaces the last paragraph of b. The amount shown on the Declarations of Paragraph 2., Exclusions, of SECTION I — this Coverage Part for Damage To Prem - COVERAGES — COVERAGE A BODILY IN- ises Rented To You Limit. Page 2 of 7 © 2013 The Travelers Indemnity company. All rights reserved. CG D4 58 07 13 Includes copyrighted material of Insurance Services Office, Inc. with its permission. ME w r z w vsmnznunz Policy Number: Y -630 -6J482170 -TIL -18 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: 2. However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this 3. Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able 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; and b. The "personal injury" or "advertising injury" for which coverage is sought arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by you. The first Subparagraph (2) of Paragraph b. Ex- cess Insurance regarding any other primary in- surance available to you is deleted. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): That is available to the insured when the insured is added as an additional insured under any other policy, including any umbrella or excess policy. CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 8, N;anuumum Policy Number: Y -630 -6j482170 -TIL -18 COMMERCIAL GENERAL LIABILITY signed and executed that contract or agree- ment; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use by you of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the limits which you agreed to provide in the written contract or agreement, or the limits shown on the Decla- rations of this Coverage Part, whichever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury' or "property damage" caused by an "occurrence" that takes place, or "personal injury" or "ad- vertising injury" caused by an offense that is committed, after the equipment lease expires. c. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, unless you have agreed in a written contract for this insurance to apply on a pri- mary or contributory basis. G. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: Unless you are in the business or occupation of providing professional health care services, "occurrence" also means an act or omission committed in providing or failing to provide "incidental medical services" to a person. 2. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; c. First aid; or 3. The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to any "bodily injury' arising out of any providing or failing to provide "incidental medical services" by any of your "employees", othor than an employed doctor. Any such "employees" providing or failing to provide "Incidental medical services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 4. The following exclusion is added to Para- graph 2., Exclusions, of SECTION I — COV- ERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage' arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consent of, the insured. 5. The following is added to Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed in the providing or fail- ing to provide "incidental medical services" to any one person will be considered one "oc- currence". 6. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED. H. PERSONAL INJURY — ASSUMED BY CON- TRACT d. "Good Samaritan services". 1. The following replaces Exclusion e., Contrac- tual Liability, in Paragraph 2. of SECTION I "Good Samaritan services" means any emer- — COVERAGES — COVERAGE B PER- gency medical services for which no compen- SONAL AND ADVERTISING INJURY LI- sation is demanded or received. ABILITY: Page 4 of 7 © 2013 The Travelers Indemnity company. All rights reserved. CG D4 56 0713 Includes copyrighted material of Insurance Services office, Inc. with its pernisslon. is 0 rsxaiozea,e Policy Number: Y -630 -6j482170 -TIL -18 ers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this policy includes an endorse- ment that provides limited coverage for "bod- ily injury" or "property damage' or pollution costs arising out of a discharge, release or escape of "pollutants" which contains a re- quirement that the discharge, release or es- cape of "pollutants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that requirement. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional er- ror in, any information provided by you which we relied upon in issuing this policy will not prejudice COMMERCIAL GENERAL LIABILITY your rights under this insurance. However, this provision does not affect our right to collect addi- tional premium or to exercise our rights of cancel- lation or nonrenewal in accordance with applica- ble insurance laws or regulations. Q. REASONABLE FORCE - BODILY INJURY OR PROPERTY DAMAGE The following replaces Exclusion a., Expected Or Intended Injury, in Paragraph 2. of SECTION I - COVERAGES - COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: a. Expected or Intended Injury or Damage "Bodily injury" or "property damage' expected or intended from the standpoint of the in- sured. This exclusion does not apply to "bod- ily injury' or "property damage' resulting from the use of reasonable force to protect any person or property. CG D4 56 07 13 © 2013 The Travelers Indemnity Company. All rights reserved. Page 7 of 7 Includes copyrighted material of Insurance services Office, Inc. with its permission. 19 Pi260U1ll"@ COMMERCIAL GENERAL LIABILITY POLICY NUMBER: Y -630 -6j482170 -TIL -18 ISSUE DATE: 05-19-18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY TOTAL AGGREGATE LIMIT AND DESIGNATED PROJECT AND LOCATION AGGREGATE LIMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART +�971��111�7 The Limits of Insurance shown in the Declarations are replaced by the following: LIMITS OF INSURANCE Total Aggregate Limit $ 45,000,000 (Other Than Products -Completed Operations) Designated Project Aggregate Limit $ 4,000,000 (Other Than Products -Completed Operations) Designated Location Aggregate Limit $ 4,000,000 (Other Than Products -Completed Operations) General Aggregate Limit $ 4,000,000 (Other Than Products -Completed Operations) Products -Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Damage To Premises Rented to You Limit $100,000 Any One Premises Medical Expense Limit $10,000 Any One Person Designated Projects: Each "project" for which you have agreed, in a written contract which is in effect during this policy period, to provide a separate general aggregate limit, provided that the contract is signed and Designated Locations: executed by you before the `bodily injury" or "property damage" occurs. PROVISIONS A. The following replaces SECTION III — LIMITS OF INSURANCE: 1. a. The Limits of Insurance shown in the Schedule above and the rules below fix the most we will pay regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; (3) Persons or organizations making claims or bringing "suits" or (4) Designated "projects" or "locations" shown in the Schedule above. b. The Total Aggregate Limit shown in the Schedule above is the most we will pay for the surn of all amounts under the Des- ignated Project Aggregate Limit, all amounts under the Designated Location Aggregate Limit and all amounts under the General Aggregate Limit. This in- cludes: (1) Damages under Coverage A, except damages because of "bodily injury' or CG D4 68 01 09 6 2009 The Travelers Companies, Inc. Page 1 of 4 Erm P,t26",12WU2 Policy Number: Y -630 -6J482170 -TIL -18 COMMERCIAL GENERAL LIABILITY months, starting with the beginning of the policy period shown in the Declarations, unless the pol- icy period is extended after issuance for an addi- tional 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. B. The following is added to the DEFINITIONS Sec- tion: "Location" means any premises owned by or rented to you shown in the Schedule above. For the purposes of determining the applicable ag- gregate limit of insurance, each 'location" that in- cludes a premises involving the same or connect- ing lots, or premises whose connection is inter- Page 4 of 4 rupted only by a street, roadway or waterway, or by a right-of-way of a railroad, shall be considered a single location". "Project" means any area, away from premises owned by or rented to you, shown in the schedule above at which you are performing operations pursuant to a contract or agreement. For the pur- poses of determining the applicable aggregate limit of insurance, each "project' that includes a premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or waterway, or by a right-of- way of a railroad, shall be considered a single "project'. 0 2009 The Travelers Companies, Inc. CG D4 08 0109 ti r K520111Rtl1102 POLICY NUMBER: BA -6j363979 -18 -CAG COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any "auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (i) You must arrange to defend the "in - D. EMPLOYEES AS INSURED sured" against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us advised of all proceedings and ac - An Insured, of SECTION II — COVERED AUTOS tions. LIABILITY COVERAGE: (ii) Neither you nor any other involved Any "employee" of yours is an "insured" while us- "insured" will make any settlement ing a covered "auto" you don't own, hire or borrow without our consent. in your business or your personal affairs. (iii) We may, at our discretion, participate E. SUPPLEMENTARY PAYMENTS — INCREASED in defending the "insured" against, or LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION 11— COVERED AUTOS LIABIL- (iv) We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily eluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the "in - we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para - 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II — COVERED AUTOS LIABIL- SECTION 11 — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work, tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE — INDEMNITY BASIS within the limit described in Para - The following replaces Subparagraph (5) In Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION 11 — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re - and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter - partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. vszeouaxonz POLICY NUMBER: BA -6j363979 -18 -CAG w N COMMERCIAL AUTO o such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How - N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col - The following is added to Paragraph B.2., Con- lett additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal, SECTION IV — BUSINESS AUTO CONDITIONS: Page 4 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. SUPP (05/04) SUPPLEMENT TO CERTIFICATE OF INSURANCE 05, 0/2018 NAME OF INSURED: Teske Street Lighting, Inc. DSA: Tavko Lighting Additional Description of Operations/Remarks from Paae 1: Additional Information: Includes: General Liability: Additional Insured per attached form CGD2460805. Primary Wording per attached form CGD0370405 Per Project Aggregate per attached from CGD4680109. Waiver of Subrogation per attached form CGD45S0713. Automobile Liability: Additional Insured and Waiver of Subrogation per attached form CA'P3530215. Primary Wording per attached form CA00013013. Workers Compensation: Waiver of Subrogation per attached form WC990376 (a). SUPP (05/04)