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HomeMy WebLinkAboutGeneral Pump Company - 2021-12-08 (2) AMENDMENT NO. 1 TO SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND GENERAL PUMP COMPANY FOR MAINTENANCE AND REPAIR OF CITY WELLS,BOOSTER PUMPS, HYDROPNEUMATIC PUMPS AND OTHER WATER PRODUCTION FACILITIES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,hereinafter referred to as "City,"and GENERAL PUMP COMPANY,hereinafter referred to as"Consultant." WHEREAS, City and Consultant are parties to that certain agreement,dated December 8,2021,entitled"Service Agreement Between the City of Huntington Beach and General Pump Company for Maintenance and Repair of City Wells,Booster Pumps, Hydropneumatic Pumps and other Water Production Facilities"which agreement shall hereinafter be referred to as the"Original Agreement";and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW,THEREFORE,it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Eight Hundred Thousand Dollars • ($800,000.00). The additional sum shall be added to the original sum of Two Hundred Thousand Dollars($200,000.00),for a new contract amount not to exceed One Million Dollars($1,000,000.00). 23-13039/313637 1 2. REAFFIRMATION Except as specifically modified herein,all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on jAniA.A. 20211 GENERAL PUMP COMPANY CITY OF HUNTINGTON BEACH, a municipal corpora ' e State of Calif° 'a By: p .-TE17_ ooliS, c€� print name ITS: (circle one) hai n/President/Vice President Manager((lid-j y AN ^� INITIATED AND APPROVED: By: 'M�/ G�N 6174-. . C4-n a6t1-t— eced_ 45.74p7 print name ITS:(circle one)Secretary/Chief Financial Director of Public Works Officer/Asst.Secretary-Treasurer APPROVED FORM: C'•' Attorney q6-/-417AIL City Clerk 1/34/.24 23-13039/313637 2 ' V ,.t-. l �� GENEPUM-01 AGAGNON '��`ClORL7" CERTIFICATE OF LIABILITY INSURANCE DA1ti4 TE oDNv 023 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER rgap=Amanda Gagnon Smith Brothers Insurance,LLC. A/c,No,Est);(860)430-3371 I FAX No): 68 National Drive Glastonbury,CT 06033 • Mass,agagnon@smithbrothersusa.com INSURERISI AFFORDING COVERAGE NAIC R INSURER A:Valley Forge Insurance Company 20508 INSURED INSURER B;American Casualty Company Of Reading PA 20427 General Pump Company,Inc. INSURER c:The Continental Insurance Company 36289 159 North Acacia Street INSURER D:National Fire Ins Co of Htfd 20478 San Dimas,CA 91773 INSURERS:Axis Surplus Insurance Company 26620 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP INED WVD POLICY NUMBER (MMIDD/YYYYI IMMIDDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE ❑X OCCUR X X 7039961462 8131/2023 8/31/2024 DAMAGE O RENTED 100,000 PREMISES fEa ocelarencef S MED EXP fAnv one person) S 15,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE UNIT AP LIES PER: GENERAL AGGREGATE $ 2,000,000 4 POLICY n j& II LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY ICEOs eBINEsnD�SINGLE LIMIT $ 1,000,000 X ANY AUTO X 7039961476 - 8/31/2023 8/31/2024 BODILYc INJURY(Per person) $ OWNED AUTOS AUTOS��p ONLY AUUTTO.OSWNEp pBOODILY INJURY(Per accident) $ X AUTOS ONLY X AUTOS ONLY f lOPPr ldent4AMAGE $ $ C X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 9,000,000 EXCESSLIAB H CLAIMS-MADE X 7039961509 8/31/2023 8/31/2024 AGGREGATE $ 9,000,000 DED X RETENTIONS 10,000 S D WORKERS COMPENSATION X I STATUTE ERH- AND EMPLOYERS'LIABILITY /N 7039961512 8/31/2023 8/31/2024 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE X E.L.EACH ACCIDENT $ ((MfICERIMEMBER EXCLUDED? N N/A 1,000,000 andatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY UNIT $ E Pollution/IProf CP005428-01-2023 2/5/2023 8/3112024 Liability 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) The City of Huntington Beach,its officers,elected and or appointed officials,employees agents and volunteers are Included as Ad itlo.g I sured as respects General Liability as per policy forms. Primary and Non-Contributory coverage applies as respects General L) 41 ,4tiEy'�I ldr9Y Waiver of subrogation applies as respects General Liability and Workers'Compensation as per policy forms. PYI0AI MICHAEL E.GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE of Huntington Beach/Public Works Division THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City gACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92848 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) 01988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Additional Insured — Owners, Lessees Or Contractors — Scheduled Person Or Organization This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS OR VOLUNTEERS 8 = CG 20 10 1219 Policy No: 7039961462 Page 1 of 2 Endorsement No: 4 7 VALLEY FORGE INSURANCE COMPANY Effective Date: 12/13/2023 Insured Name: SYLMAR UTILITY SERVICES, LLC Copyright insurance Services Office,Inc.,2018 1 i CNA CNA PARAMOUNT Additional Insured — Owners, Lessees Or Contractors — Scheduled Person Or Organization Location(s)Of Covered Operations Information required to complete this Schedule,If not shown above,will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage or personal and • advertising Injury caused,in whole or in part,by: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law;and 2. If coverage provided to the additional Insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to bodily Injury or property damage occurring after: 1. All work,including materials,parts'or equipment furnished in connection with such work,on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional Insureds, the following is added to Section ill-Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 10 12 19 Policy No: '7039961462 Page 2 of 2 Endorsement No: 47 VALLEY FORGE INSURANCE COMPANY Effective Date: 12/13/2023 Insured Name: SYLMAR UTILITY SERVICES, LLC Copyright Insurance Services Office,Inc.,2018 CNA CNA PARAMOUNT Additional Insured — Owners, Lessees Or Contractors Completed Operations This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE • Name Of Additional Insured Person(s)Or Organization(s) CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS OR VOLUNTEERS I=Ti CG20371219 Policy No: 7039961462 Page 1 of 2 Endorsement No: 48 VALLEY FORGE INSURANCE COMPANY Effective Date: 12/13/2023 Insured Name: SYLMAR UTILITY SERVICES, LLC Copyright Insurance Services Office,Inc.,2018 CNA CNA PARAMOUNT Additional Insured — Owners, Lessees Or Contractors — Completed Operations Location And Description Of Completed Operations Information required to complete this Schedule,if not shown above,will be shown In the Declarations. A. Section II — Who is An Insured is amended to Include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily Injury or property damage caused, in whole or in part, by your work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products-completed operations hazard. However: 1. The insurance afforded to such additional Insured only applies to the extent permitted by law;and 2. If coverage provided to the additional insured Is required by a contract or agreement, the Insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill—Limits Of Insurance: if coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 Policy No: 7039961462 Page 2 of 2 Endorsement No: 48 VALLEY FORGE INSURANCE COMPANY Effective Date: 12/13/2023 Insured Name: SYLMAR UTILITY SERVICES, LLC CopyrIght Insurance Services Office,ino.,2018 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. if any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance 3. Bodily Injury—Expanded Definition 4. Broad Knowledge of Occurrence!Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability-Railroads 8. Electronic Data Liability 9. Estates, Legal Representatives and Spouses 10. Expected Or intended Injury—Exception for Reasonable Force 11. General Aggregate Limits of Insurance—Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability— Damage To Premises /Alienated Premises / Property In The Named Insured's Care, Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft 20. Personal And Advertising Injury—Discrimination or Humiliation 21. Personal And Advertising Injury-Contractual Liability 22. Property Damage-Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation—Blanket 26. Wrap-Up Extension:OCIP CCIP,or Consolidated(Wrap-Up)Insurance Programs CNA74705XX(1-15) Policy No: 7039961462 Page 1 of 17 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 08/31/2023 Insured Name: SYLMAR UTILITY SERVICES, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to Include as an insured any person or organization described in paragraphs A.through H. below whom a Named Insured is required to add as an additional Insured on this Coverage Part under a written contract or written agreement,provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part;and (2) was executed prior to: (a) the bodily injury or property damage;or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement;or (2) coverage broader than required by such contract or agreement,and in no event broader than that described by the applicable paragraph A.through H.below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named insured,but only with respect to such person or organization's liability for bodily injury,property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured;or 2. premises such person or organization owns, maintains or controls while a Named insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this Insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising Injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily Injury, property damage or the offense giving rise to such personal and advertising Injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The CNA74705XX(1-15) Policy No: 7039961462 Page 2 of 17 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 08/31/2023 insured Name: SYLMAR UTILITY SERVICES, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. E. Lessor of Premises An owner or lessor of premises leased to the Named Insured,or such owner or lessor's real estate manager, but only with respect to liability for bodily injury,property damage or personal and advertising Injury arising out of the ownership,maintenance or use of such part of the premises leased to the Named Insured,and provided that the occurrence giving rise to such bodily injury or property damage,or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of,or for such additional insured. F. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receivers liability for bodily injury, property damage or personal and advertising injury arising out of the Named insured's ownership,maintenance,or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions—Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury,property damage or personal and advertising Injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults,street banners,or decorations and similar exposures;or b. the construction,erection,or removal of elevators;or c. the ownership,maintenance or use of any elevators covered by this Insurance;or 2. the permitted or authorized operations performed by a Named insured or on a Named insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury,property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision;or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor 1. With respect to a Named insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: CNA747O5XX(1-15) Policy No: 7039961462 Page 3 of 17 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 08/31/2023 Insured Name: SYLMAR UTILITY SERVICES, LLC Copyright CNA Ail Rights Reserved. Includes copyrighted material of insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement a. the Named lnsured's acts or omissions;or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily Injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE • The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this Insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere In this Condition,the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY—EXPANDED DEFINITION Under DEFINITIONS,the definition of bodily injury is deleted and replaced by the following: Bodily Injury means physical injury,sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury,sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE!NOTICE OF OCCURRENCE Under CONDITIONS,the condition entitled Duties in The Event of Occurrence,Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence,offense or claim is known to a natural person Named Insured,to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced If the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage Is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence,offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence,offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3.In its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part;or CNA74705XX(1-15) Policy No: 7039961462 Page 4 of 17 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 08/31/2023 Insured Name: SYLMAR UTILITY SERVICES, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of insurance Services Office,Inc..with Its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory,excess,contingent or otherwise,which provides coverage to such organization,or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership,limited liability company or joint venture;or (b) any organization for which coverage Is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision,management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation;or B. having the right,pursuant to a written trust agreement, to protect, control the use of,encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily Injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases;nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k.and I.and replace them with the following: This insurance does not apply to: k. Damage to Your Product Property damage to your product arising out of it,or any part of it except when caused by or resulting from:. (1) tire; (2) smoke; (3) collapse;or (4) explosion. I. Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products-completed operations hazard. This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor;or CNA74705XX(1-15) Policy No: 7039961462 Page 5 of 17 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 08/31/2023 • Insured Name: SYLMAR UTILITY SERVICES, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement • (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse;or (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5.above,$100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that Is caused by fire, smoke, collapse or explosion and is included within the product-completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises,was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name Is attached to this policy. 7. CONTRACTUAL LIABILITY—RAILROADS With respect to operations performed within 50 feet of railroad property,the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises white rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an Insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (Including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1) That indemnifies an architect,engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders,change orders or drawings and specifications;or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory,inspection,architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY CNA74705XX(1-15) Policy No: 7039961462 Page 6 of 17 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 08/31/2023. Insured Name: SYLMAR UTILITY SERVICES, LLC Copyright CNA All Rights Reserved. Includes copyrighted materiel of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions Is amended to delete exclusion p.Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1) any access to or disclosure of any person's or organization's confidential or personal information, Including patents, trade secrets, processing methods, customer lists, financial information, credit card information,health information or any other type of nonpublic information;or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1)above applies, this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph(1)or(2)above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives,cells,data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage In DEFINITIONS Is replaced by the following: Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the lime of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured.Ail such loss of use shall be deemed to occur at the time of the occurrence that caused it;or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property.All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance,electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision Is part of, and not in addition to, that higher limit. •_ 9. ESTATES,LEGAL REPRESENTATIVES,AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for 1 CNA74705XX(1-15) Policy No: 7039961462 Page 7 of 17 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 08/31/2023 Insured Name: SYLMAR UTILITY SERVICES, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc..with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses'acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY—EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured.This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE-PER PROJECT A. For each construction project away from premises the Named insured owns or rents, a separate Construction Project General Aggregate Limit,equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A,except damages because of bodily injury or property damage included in the products-completed operations hazard;and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B,regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included In the products-completed operations hazard;and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown In the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply,but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included In the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. CNA74705XX(1-15) Policy No: 70399619 62 Page 8 of 17 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 08/31/2023 Insured Name: SYLMAR UTILITY SERVICES, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care Incident: A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named insured's primary business purpose,and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory, (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: I. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the insured (or which would have been available but for exhaustion of its limits). II. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions: This insurance does not apply to: c Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual 11 orientation. - Dishonesty or Crime Any actual or alleged dishonest,criminal or malicious act,error or omission. Medicare/Medicaid Fraud CNA74705XX(1-15) Policy No: 7039961462 Page 9 of 17 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 08/31/2023 Insured Name: SYLMAR UTILITY SERVICES, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of insurance Services Office,inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare, Medicaid,Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care Incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: I. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b, Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; I. Speech therapist; J. Other allied health professional;or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident.All acts, errors or omissions that are logically connected by any common fact,circumstance,situation,transaction,event, advice or decision will be considered to constitute a single occurrence; lii. amend the definition of insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business;and CNA74705XX(1-15) Policy No: 7039961462 Page 10 of 17 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 0 8/31/2 02 3 insured Name: SYLMAR UTILITY SERVICES, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc„with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named insured's business;and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs(a),(b),(c)and(d)of Paragraph 2.a.(1)of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES/PARTNERSHIP/LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named insured in the Declarations,except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period,such Named Insured is an Insured with respect to its interest in such joint venture,partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising Injury arising out of such offense first occurred after such termination date; b. the bodily Injury or property damage first occurred after such termination date;and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company;and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program,then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCiP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated(wrap-up)insurance program, 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY iN THE NAMED INSURED'S CARE,CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled c Exclusions is amended to delete exclusion j.Damage to Property in its entirety and replace it with the following: This insurance does not apply to: CNA74705XX(1-15) Policy No: 7039961462 Page 11 of 17 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 08/31/2023 Insured Name:SYLMAR UTILITY SERVICES, LLC Copyright CNA AN Rights Reserved. Includes copyrighted material of insurance Services Office,Inc.,with ils permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement J. Damage to Property Property damage to: (1) Property the Named Insured owns, rents,or occupies,including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells,gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care,custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, If the property damage arises out of those operations;or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs(1), (3)and(4)of this exclusion do not apply to property damage(other than damage by fire)to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph(2)of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs(3)and(4)of this exclusion do not apply to property damage to: I. tools,or equipment the Named Insured borrows from others,nor li. other personal property of others in the Named Insured's care,custody or control while being used in the Named insured's operations away from any Named Insured's premises. However,the coverage granted by this exception to Paragraphs(3)and(4)does not apply to: a. property at a job site awaiting or during such property's installation,fabrication,or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto,aircraft or watercraft; d. property in transit;or e. any portion of property damage for which the Insured has available other valid and collectible Insurance,or would have such insurance but for exhaustion of its limits,or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. CNA74705XX(1-15) Policy No: 7039961462 Page 12 of 17 Endorsement No; 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 08/31/2023 Insured Name: SYLMAR UTILITY SERVICES, LLC Copyright CNA Ali Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc..with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete Its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of Insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5.above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds$1,000.The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6.,Damage To Premises Rented To You Limit,of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5.above, (the Each Occurrence Limit),the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, Including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days.The Damage To Premises Rented To You Limit is the greater of: a. $500,000;or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(il)of the Other Insurance Condition is deleted and replaced by the following: (li) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care,custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the o following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C— Medical Payments for all medical expenses because of bodily Injury sustained by any one person.The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount Is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. CNA74705XX(1-15) Policy No: 7039961462 Page 13 of 17 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 08/31/2023 Insured Name: SYLMAR UTILITY SERVICES, LLC Copyright CNA All Rights Reserved. Includes copyrighted materiel of Insurance Services Office,Inc.,with Its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b)with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident;and 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured,provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada,designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained,paid crew to the Named Insured;and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named insured,provided the watercraft is: (a) less than 75 feet long;and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS,the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results In injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace It with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.This exclusion shall not apply to discrimination or humiliation that results in Injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named insured;or (b) any executive officer, director, stockholder, partner, member or manager (if the Named insured is a limited liability company)of the Named Insured. 2. add the following exclusions: CNA74705XX(1-15) Policy No: 70399614 62 Page 14 of 17 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 08/31/2023 Insured Name: SYLMAR UTILITY SERVICES, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room,dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1.ADDITIONAL INSURED of this endorsement;or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional Insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B: 1. Paragraph 2.d.Is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b)is deleted and replaced by the following: So long as the above conditions are met, attorneys fees Incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer,and necessary litigation expenses Incurred by the indemnitee at the Insurer's request will be paid as defense costs.Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B—Personal and Advertising injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE—ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled i= Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6)of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. CNA74705XX(1-15) Policy No: 7039961462 Page 15 of 17 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 08/31/2023 Insured Name: SYLMAR UTILITY SERVICES, LLC Copyright CNA NI Rights Reserved. includes copyrighted material of insurance Services Office,Inc.,with Its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other insurance conditions Is amended to add the following paragraph: . This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows: A. Paragraph 1.b.Is amended to delete the$250 limit shown for the cost of bail bonds and replace it with a$5,000. limit;and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000.limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS if the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION-BLANKET Under CONDITIONS,the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations;or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed In writing to waive such rights of recovery in a written contract or written agreement,and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part;and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED(WRAP-UP)INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C,1.P.) or Contractor Controlled Insurance Programs(C.C.i.P.)is attached,then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured Is or was involved, this exclusion does not apply to those sums the Named insured become legally obligated to pay as damages because of: 1. Bodily injury,property damage,or personal or advertising Injury that occurs during the Named insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf;nor CNA74705XX(1-15) Policy No: 7039961462 Page 16 of 17 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 08/31/2023 Insured Name: SYLMAR UTILITY SERVICES, LLC Copyright CNA All Rights Reserved. includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4.Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This Insurance is excess over: (c) Any of the other insurance whether primary,excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated(wrap-up) Insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors Involved in the project, such as an Owner Controlled Insurance Program(O.C.i.P.)or Contractor Controlled Insurance Program(C.C.I.P.). Residential structure means any structure where 30%or more of the square foot area is used or is intended to be used for human residency,including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments;and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages,guest houses or any similar structures). However,when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not Include hospitals or prisons. This WRAP-UP EXTENSION:OCIP, CCIP, OR CONSOLIDATED(WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. so rmmi M CNA74705XX(1-15) Policy No: 7039961462 Page 17 of 17 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 08/31/2023 insured Name: SYLMAR UTILITY SERVICES, LLC Copyright CNA Ail Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. CNA CNA PARAMOUNT Endorsement Effective Date: 12/13/2023 insured Name: SYLMAR UTILITY SERVICES, LLC 159 N ACACIA ST SAN DIMAS, CA 91773-2585 Policy Number: 7039961462 Policy Period: 08/31/2023-08/31/2024 Producer's Information: SMITH BROTHERS INSURANCE LLC Producer Code: 002693 68 NATIONAL DR GLASTONBURY, CT 06033 (860)652-3235 CNA Branch Number: 580 CNA Branch Name and Address: CONNECTICUT BRANCH 200 GLASTONBURY BLVD STE 200 GLASTONBURY, CT 06033 (860)513-6400 Thank you for choosing CNA! With your CNA Paramount package policy,you have insurance coverage tailored to meet the needs of your modem E business.The international network of insurance professionals and the financial strength of CNA,rated"A"by A.M.Best, provide the resources to help you manage the daily risks of your organization so that you may focus on what's most important to you. Claim Services—There When You Need Us Claims are reported through a single point of entry available 24/7,connecting you to the individuals and information to help 4. you resume your business when you need it most. To report a claim,please call 877-CNA-ASAP ,fax (800) 953-7389, email lossreport@cnaasap.corn ,Of visit www.cna.com/claim. EME Risk Control Services—Help Avoid A Claim Before It Occurs • As a CNA policyholder,you have access to certified risk control professionals, risk mitigation programs and online resources to help identify and manage exposures that may disrupt your operation.We collaborate with business leaders to develop customized programs to assist you in safeguarding your assets and improving the bottom line. To learn how our award-winning Risk Control services can help your business,please call(866)262-0540,email us at riskcontrolwebinfo@cna.com or visit www.cna.comlriskcontrol. o When it comes to providing the coverage,service and resources paramount to your business success...we can show you more. INSURED Copyright CNA All Rights Reserved. CNA PARAMOUNT CNA Amendment of Forms and Endorsements Schedule Addition or Deletion of Endorsements It is understood and agreed as follows: ADDITION OF FORMS OR ENDORSEMENTS The Forms and Endorsements Schedule Is amended to add the following forms or endorsements effective as of the date set forth In such form or endorsement Endm't Form or Endorsement Name . '::: • Form Number Form Number Edition 46 Amendment of Forms and Endorsements Schedule CNA62673XX 09-12 Addition or Deletion of Endorsements 47 Additional Insured - Owners, Lessees Or CG 20 10 12-19 Contractors - Scheduled Person Or Organization 48 Additional Insured - Owners, Lessees or CG 20 37 12-19 Contractors -Completed Operations II. DELETION OF FORMS OR ENDORSEMENTS The Forms and Endorsements Schedule is amended to delete the following forms or endorsements effective as of the "deletion date"indicated below. The net premium change,if any,for the above endorsements In Sections!.and II.Is: $0.0 0 FL Insurance Guaranty Association Emergency Assessment Total change is: $0.00 All other terms and conditions of the Policy remain unchanged. Thls endorsement,which forms a part of and Is for attachment to the Policy Issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated In said Policy,unless another effective date is shown below,and expires concurrently with said Policy. 0 CNA62673XX 09-12 Policy No: 7039961462 Page 1 of 1 Endorsement No: 46 VALLEY FORGE INSURANCE COMPANY Effective Date: 12/13/2023 Insured Name:SYLMAR UTILITY SERVICES, LLC Copyright CNA All Rights Reserved. SERVICE AGREEMENT 13ET'•'1'EEN THE CITY OF HUNTINGTON BEACH AND GENERAL PUMP COMPANY FOR MAINTENANCE AND REPAIR OF CITY WELLS, BOOSTER PUMPS„ HYDROPNF,UMATIC PUMPS AND OTHER WATER PRODUCTION FACILITIES TFIIS AGREEMENT ("Agreement") is made and entered into by and between the City of f-luntington Beach, a municipal corporation of the State of California, hereinafter called "City," and General Pump Company, hereinafter referred to as "Contractor." City and Contractor are collectively to as the "Parties". Recitals A. The City desires to retain a Contractor having special skill and knowledge in the maintenance and repair of City wells, booster pumps and hydropneumatic pumps. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. Contractor entered into a Maintenance Agreement with the City of'Chino Hills on or about July 1, 2021, referred to as the "Maintenance Agreement Between The City of Chino Hills and General Pump Company." City desires to "piggyback" on the City of Chino Hills Contract pursuant to I IBNIC Section 3.02.190(C)(2), and unless otherwise noted or in conflict with this Agreement, the Parties \yish to be bound by the same terms and conditions as the City of Chino Hills Contract. D. In undertaking the performance of this Agreement. Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02.190(C)(2). NOW. THEREFORE, it is agreed by City and Contractor as follows: 1. Scone of Sen ices Contractor shall provide all services as described in the City of Chino Hill contract, which is attached hereto as Exhibit A. These services shall sometimes hereinafter be referred to as the "Project." All references to the City of Chino Hills shall mean City. 21-10450/269969 1 Contractor hereby designates Michael Bodart, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services. the Unit Prices identified in Exhibit B. The total sum to be expended under this Agreement, shall not exceed Two Hundred Thousand Dollars ($200,000) per year for any one year during the Term of this Agreement for an aggregate not to exceed One Million Dollars ($1,000.000.00). b. Payment by City shall be made within thirty (30) days following receipt of' proper invoice evidencing work perlormcd, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 5. Term Time is of the essence of this Agreement. The services of Contractor are to commence Dry./ nlx-f2 / 8 2021, or as soon as practicable after the execution of this reement by City (the "Commencement Date") and terminating five years later, on / O , 2026. City may renew this Agreement for up to four (4) additional one- vear terms by notifying Contractor no less than thirty (30) days prior to the end of each term. 6. Extra Work In the event City requires additional services not included in the Cite of BLIena Park Contract, or changes in the scope of services described in the City of Buena Park Contract. Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 7. Disposition of Plans, Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs. reports, both field and office notices, calculations, computer code. language, (late or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to 21-10450/269969 2 City upon expiration or tennination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by Cite as it sees fit. 8. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees. agents. and Volunteers from and against anv and all claims, damages. losses, expenses,judgments. demands and defense costs, and consequential damage or liability of any kind or nature. however caused. including those resulting from death or injury to Contractor's employees and damage to Contractor's property. arising directly or indirectly out of the obligations or operations herein undertaken by Contractor. caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence. except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractors counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 9. Workers Compensation Insurance Pursuant to California Labor Code Section 1861. Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for Workers' compensation: Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employers liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all Subcontractors to waive subrogation. 10. General Liabilih, Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy otgeneral public liability insurance, including motor Vehicle. coverage covering the Project/Service. This policy shall indemnify Contractor. its officers, employees and agents while acting within the scope of their duties. against any and all claims arising out of or in connection with the ProjecUService, and shall provide coverage in not less than the tollowing amount: combined single limit bodily 21-10450/269969 3 injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000.000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a "deductible" or any other similar form of limitation on the required coverage. It. Automobile Liabilitv Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars (S 1.000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents one/volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 12. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement, the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force: and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice: however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this .Agreement is fully completed and accepted by City. This requirement for carving the foregoing insurance coverage shall not derogate from Contractor's defense. hold harmless and indemnification obligations as set forth in 21-10450/269969 4 this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 13. Independent Contractor Contractor is. and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security. state disability insurance compensation. unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 14. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 15. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event. Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements. 21-10450/269969 5 orally or otherwise, have been made by any party; or anyone acting on behalf of ally party, which are not embodied herein. 17. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor. Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 18. Cih' Emnlovees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 19. Notices Any notices, certificates. or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section I hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service. to the addresses below. City and Contractor may designate different addresses to which subsequent notices. certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of Huntington Beach General Pump Company Attn: Mark Birchfield Attn: Michael Bodart Public Works Dept., Utilities Division 159 N. Acacia Street 19001 Huntington Street San Dimas. CA 91773 Huntington Beach, CA 92648 20. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 21-10450/269969 6 21. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 22. Section Headings -rhe titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions. and do not interpret. define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 23. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid; such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement. the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute. law. ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 24. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 25. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular; comply with the provisions of the United States Code regarding employment verification. 21-10450/269969 7 26. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Hnntingrar Beach City Cheater Section 309, the City Attorney is the exclusive legal counsel for City: and City shall not be liable for payment of any legal services expenses incurred by Contractor. 27. Confidentialihv Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 28. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 29. Jurisdiction — Venue "[his Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of'California and the validity. interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange Count. 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. 30. Professional Licenses Contractor shall, through the term of this Agreement. maintain all necessary licenses, permits, approvals. waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States. the State of California, the City of Huntington Beach and all other governmental agencies. 21-10450/269969 8 Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 31. Attorneys Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 32. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 33. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 34. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully 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. 35. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arms length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement. promise, agreement warranty, fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21-10450/269969 9 36. Effective Date IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HLNTINGTON BEACH, General Pump Company munLqpal corporation of the State of By'rF ���"" ` ' — IMAd 60 49ft City Manager Print name INI77A AND Uvh ITS: (circle one)Chairman/ residen Vice President Director of Public orks A By: APPROVED AS TO FORM: ITS: (circle /Chief Financial Officer/Asstasurer City Attorney 77 City Clerk 21-10450269969 10 EXHIMT A CITY OF CHINO HILLS MAINTENANCE AGREMENT 21-10450/269969 11 EXHIBIT A A2021-110 MAINTENANCE AGREEMENT BETWEEN THE CITY OF CHINO HILLS AND GENERAL PUMP COMPANY THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this 22nd day of June 2021, by and between the CITY OF CHINO HILLS, a general law city and municipal corporation ("CITY") and GENERAL PUMP COMPANY ("CONTRACTOR"). The Parties agree as follows: 1. CONSIDERATION A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONTRACTOR an annual amount not to exceed $200,000 for a total amount not to exceed $1,000,000 on the terms set forth in the attached "Exhibit A," which is incorporated by reference, for CONTRACTOR's services. Payments shall be made within forty- five (45) days after receipt of each invoice as to all undisputed fees. If the City disputes any of CONTRACTOR's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 2. TERM The term of this Agreement will be from July 1, 2021 to June 30, 2026. 3. SCOPE OF SERVICES A. CONTRACTOR will perform services listed in the attached Exhibit B. B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. General Pump Maintenance Agreement Page 1 of 9 water Facilities Repair,and On-Call Emergency Response Services 4. PREVAILING WAGES A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY's Engineering Division or the website for State of California Prevailing wage determination at hftp://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. C. CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: i. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or ii. When the number of apprentices in training in the area exceeds a ratio of one to five, or iii. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or iv. When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. v. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. General Pump Maintenance Agreement Page 2 of 9 water Facilities Repair,and On-Call Emergency Response Services vi. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. vii. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost. CONTRACTOR and its subcontractors must be registered and remain registered with the California Department of Industrial Relations (DIR) throughout the term of this Agreement in accordance with the California Labor Code, including Labor Code Section 1771.1, and any successor or replacement provision thereto. 5. FAMILIARITY WITH WORK A. By executing this Agreement. CONTRACTOR represents that CONTRACTOR has i. Thoroughly investigated and considered the scope of services to be performed. ii. Carefully considered how the services should be performed, and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services. CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY. 6. INSURANCE A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: General Pump Maimenance Agreement Page 3 of 9 Water Families Repair.and On-Call Emergency Response Services Type of Insurance Limits (combined single) Commercial general liability: $2,000,000/occurrence $4,000,000/a gg reg ate Business automobile liability $2,000,000 Workers compensation Statutory requirement. B. Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto), or owned, hired, non-owned, scheduled, non-scheduled or rented vehicles, (or combination thereof dependent upon working being performed under contract). D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of"A:VII," unless otherwise approved and accepted by the City Manager or his/her designee in writing. Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. F. Unless the City Manager otherwise agrees in writing, all insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officials, employees, volunteers, and agents. CONTRACTOR hereby waives its own right of General Pump Maintenance Agreement Page 4 of 9 Water Facilities Repair,am On-Call Emergency Response Services recovery against CITY and shall require similar express waivers from each of its subcontractors. 7. TIME FOR PERFORMANCE CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 7 of this Agreement; and B. CITY gives CONTRACTOR a written Notice to Proceed. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk. 8. TERMINATION A. Except as otherwise provided, CITY may terminate this Agreement upon providing written notice to CONTRACTOR at least thirty (30) days before the effective termination date. Notice of termination will be in writing. In the event of such termination, CONTRACTOR shall be compensated for non-disputed fees under the terms of this Agreement up to the date of termination. B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 9. INDEMNIFICATION A. CONTRACTOR indemnifies and holds CITY harmless from and against any claim, action, damages, costs(including, without limitation, reasonable attorney's fees and penalties), injuries, or liability, arising out of this Agreement, or its performance including, without limitation, damages or penalties arising from CONTRACTOR's removal, remediation, response or other plan concerning any Hazardous Waste resulting in the release of any hazardous substance into the environment, except for such loss or damage arising from CITY's sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid.out in settlement or otherwise. General Pump Maintenance Agreement Page 5 of 9 Water Facilities Repair,ana On-Call Emergency Response services B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and volunteers. C. CONTRACTOR expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect. D. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. E. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by this Agreement, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 10.INDEPENDENT CONTRACTOR CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 11.NOTICES A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery, email or by mail. Notice sent by mail will be addressed as follows: To CITY: City of Chino Hills Attn: City Clerk 14000 City Center Drive Chino Hills, CA 91709 Email: cityclerk@chinohills.org To CONTRACTOR: General Pump Company Attn. Michael Bodarf 159 N. Acacia Street San Dimas, CA 91773 Email: mbodart@generalpump.com General Pump Maintenance Agreement Page 6 of 9 Water Facilities Repair.anci On-Call Emergency Response Services B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 12.TAXPAYER IDENTIFICATION NUMBER CONTRACTOR will provide CITY with a Taxpayer Identification Number. 13.BUSINESS LICENSE CONTRACTOR shall maintain a valid Business License with the CITY through the term of the contract. 14.CONTRACTOR'S KNOWLEDGE OF APPLICABLE LAWS. CONTRACTOR shall keep itself informed of applicable local, state, and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Contractor shall observe and comply with all such laws and regulations affecting its employees. City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Contractor to comply with this section." 15.WAIVER A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 16.SEVERABLE If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 17.CAPTIONS The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. General Pump Maintenance Agreement Page 7 of 9 Water Facilities Repair,and On-Call Emergency Response Services 18.INTERPRETATION This Agreement was drafted in and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in San Bernardino County. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 19.AUTHORITY/MODIFICATION The terms of this Agreement can only be modified in writing approved by the CITY AND THE CONTRACTOR. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. 20.EFFECT OF CONFLICT In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 21.FORCE MAJEURE Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 22.ENTIRE AGREEMENT This Agreement and its one attachment constitutes the sole agreement between CONTRACTOR and CITY. To the extent that there are additional terms and conditions contained in Exhibit"A" that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral, or written. 23. CONSISTENCY In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below: A. Exhibit A: Compensation B. Exhibit B: Scope of Work General Pump Maintenance Agreement Page 8 of 9 Water Facilities Repair,and On-Call Emergency Response Services IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first written above. CITY OF CHINO HILLS GENERAL PUMP COMPANY c Brian Johs (Signature Mayor Michael Bodart President/ Direcictor of Engr. ATTEST: (Printed nalImmerritie) Cheryl B z (Date) City Clerk � � (Date) ( igna re) Ginger Campbell APPROVED AS TO FORM: Secretary (Printed Namefritle) Mark D. H nsley (Date) City Attorney General Pump Maintenance Agreement Page 9 of 9 Water Facilities Repair,and on-Call Emergency Response services EXHIBIT B WINE COMPENSATION d �JVL ,W 159 M1. :\CACIA STREET * SAV UIiYIAS,CA ')1773 � PHONE: (9119) 599-9606 * FAX: (909) 599-6238 ��MP a �jPdjCwJf CAMARILL0, CA93010 * PHONE: (8051482-1215 ear.�enpump.com MELL & PUMP SERVICE SINCE 1952 I m =41d,76j Serving Sonlhrnr C rdiJarmu ❑ud C erund f mw EQUIPMENT DESCRIPTION MAKE/MODEL HOURLY OVF.WTIME LOCATION /YEAR _I RATE. f RATE AFTER IIOURS PUmp or Well Rig I rthtlinc '_018 M.uu 530.01) San Dimas Crane (15-20 "I'on Size) \I,tintc\ '017 56000 561).00 San Dimas Backhoe Coba581) '_Ilnl 560.00 560.Oq Sun Dimas Dump Truck (12 Yard Minimum) Peterbilt 1-011) S2D.00 S'0.00 San Dimas Pick-up Truck ('11%25001019 SI0"IH) 510.00 San Dimas PARTS Percentage mark-up to supply parts as 7 _n".1 needed Page 1 of 3 EXHIBIT A I�1 COMPENSATION ® G; L Ii9 N. ACACIA STREET * SAN DI:NIAS, CA 91773 F t,NdR, PHONE: (909) 5 9 9-9 6116 • FAX: (909) 599-6238 = aaRPIA�NJY1 C.A`IARILLO. CA 930111 ` PHONE: (805) 482-121i !�TJ is"w.gcnpump.cum WELL S PUMP SERVICE SINCE 1952 tic .Serving.Ymithem ('aiifurniu and(bnind( nml LABOR Classification Prevailing PW- PW Contractor Fully Fully Fully Wage(PW) Overtime Double Mark-Up in Burdened Burdened Burdened Hourly Rate(OT) Time Percentage Rate OT Rate DT Rate Rate (DT) Rate Laborers-On site $53.64 $80.46 $107.28 15% $90.68 $121.52 $152.36 General Foreman $53.64 $80.46 $107.28 15% $90.68 $121.52 $152.36 Foreman $38.89 $58.34 $ 77.78 15% $68.21 $ 90.58 $112.94 Crew Leader $38.89 $58.34 $ 77.78 15% $68.21 $ 90.58 $112.94 Crew Member $53.64 $80.46 $107.281 15% I $90.68 1 $121.52 $152.36 Welder $53.64 $80.46 $107.28 15% $90.68 $121.52 $152.36 Equipment $53.64 $80.46 $107.28 15% $90.68 $121.52 $152.36 Operator Laborers-in Your 15% Shop General Foreman $53.64 $80.46 $107.28 15% $90.68 $121.52 $152.36 Foreman $53.64 $80.46 $107.28 15% $90.68 $121.52 $152.36 Crew Leader $38.89 $58.34 $ 77.78 15% $68.21 $ 90.58 $112.94 Crew Member $38.89 $58.34 $ 77.78 15% $68.21 $ 90.58 $112.94 Welder $53.64 $80.46 $107.28 15% $90.68 $121.52 $152.36 Note: "Fully burdend rate" includes 15% markup plus burden. Page 2 of 3 EXHIBIT A aQFa1 COMPENSATION v r 159 N. ACACIA STRIF E.T SAN DUNIAS,CA 91773 PHONE: (909) 599-9606 • PAX: (9119) 599-6238 ® 00M HY CAMARILLO, CA 93011) - PHONE: (805) 482-12I5 www„enpump.com WELL & PUMP SERVICE. SINCE 1952 r,,: -A96765 .Seri .Sourhern Culi(onriu and Ceutral Cuurr These rates have been discounted by 20% from our published rate. 3-Man Crew& Standard Pump Pulling Rig......................................................... $416.00 per Hour I Operator& 40-Ton Crane.................................................................................. $316.00 per }lour I-Man Crew, Service Support Rig for the 40-Ton Crane..................................... $142.00 per I lour 2-Man Crew & Combination Rig......................................................................... $372.00 per Hour 2-Man Crew& Standard Pump Pulling Rig......................................................... $323.00 per Hour Wire Brush or Swab Rental (Nylon Brush NOT included).........................................$744.00 Each Flatbed Truck & Driver........................................................................................$136.00 per Hour Rotary Crane(up to 17-ton) & I-Man Crew........................................................ $214.00 per Hour Rotary Crane& 2-Man Crew ............................................................................... S3I0.00 per Hour Service Truck & I Pump Mechanic, Electrician or General Services.................. $142.00 per Hour Service Truck & I Pump Mechanic & Helper...................................................... $250.00 per Hour Pipeline fabricator................................................................................................ $148.00 per Hour Shop Labor—Pump Mechanic .............................................................................. $ 90.00 per Hour Shop Labor—Machinist or Welder ....................................................................... $ 90.00 per Hour Overtime & Saturdays ............................................................................ Add $46.00 per Man Hour Sundays& Holidays .............................................................................. Add $ 93.00 per Man Hour Control & Instrument Specialist........................................................................... $146.00 per Hour Additional Helper.................................................................................................. $ 92.00 per Hour Video Log— Color with Downhole and Side-Scan ...........................................S 1,032.00 per DV D Re-Video Log— Color with Downhole and Side-Scan .......................................S 952.00 per DV D Dynamic Video with Mini Camera....................................................................$1,560.00 per DVD Test Pump— Above 300-Hp Drive/Generator..................................................... $272.00 per Hour Test Pump— Below 300-Hp Drive/Generator..................................................... $236.00 per Flour I-Man Crew & Chemical Distribution Trailer, with Safety Equipment .............. $239.00 per Hour Engineering and Hydrogeology Support.............................................................................Included Page 3 of 3 EXHIBIT B Scope of Work Project tasks shall include, but are not necessarily limited to, those items noted below. The Contractor shall furnish all material, labor, equipment, and supervision to perform the maintenance and repair of well, booster pumps, and hydro-pneumatic pumps at various locations throughout the City of Chino Hills'Water Division's range as requested by the City. The Contractor shall perform such work in a thorough and professional manner. Work will be contracted on a time and materials basis. The Contractor shall always secure the well site and its equipment throughout the duration of work. The Contractor is also responsible for discharging of treated water after rehabilitation of well into an appropriate drainage system in a manner that complies with NDPES regulations and permits. The Contractor shall respond to each individual service call within one (1) working day. The work will then be scheduled by mutual agreement and be completed within the time agreed upon for each event. If the City deems this to be an On-Call Emergency, Contractor must respond within four (4) hours of notification. Respond means to arrive at the agreed upon location within four (4) hours of receiving a call from the City of Chino Hills regarding an On-Call Emergency. Failure to promptly respond or to complete the work in a timely manner would give cause for termination of the agreement. Travel time is not included as time worked and shall not be included for payment under the contract. pEJ -----, GENEPUM-01 SBENN .I ACORO" e1nlWDunvyYl un CERTIFICATE OF LIABILITY INSURANCE 11123nD21 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TILE 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 have ADDITIONAL INSURED provisions or be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of lire policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such ondorsDrnonl(s). PRODUCER License N 0757776 RAJACT Sherri Ben-Nun HUB International Insurance Services Inc. PHONE FAx 16030 Ventura Blvd. IAre No E00:(818)257-7438 l I ,Nol: Suite 500E' Ag.sherrl.bennun�0 hubintornational.com Encino,CA 91436 INSIIRF.NL$1 AFFORDING COVERAGE NNCO INSURER A:Travolors Property Casually Company of America 25674 INSURED INSURER R:Asp_ n Specially Insurance 10717 Gonoral Pump Company,Inc. INSURER C: 169 N.Acacia Street INSURER D: San DOnas,CA 91773 wsuREN E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1 THIS IS T'O CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVE.BEEN I.S.SUED TOTHE.INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOIWIIHSI'ANUING ANY HEOUNtEMENi', 'IERM OR CONLIHION OF ANY CON'IRACTOROTHER DOCUMENT WITH RESPECTTOWHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF VISURMICE AWL SUOR POLICY NUMBER POLICY EFF POLICY EXP Mars IN=A I X COMMERCIALGENERALLIABILItt S _ 1,00000D __ EA ll G HHENCE JCIAVAS-MADE ❑X OCCUR X X P6307KS3906 6/112021 6/1/2022 D1 CIFTOFE,111EmDe nl $ 100,000 S TOFORM uEn EXy1nry a,o rors«n s____ 5,000 —� AP OVED q 1000,000 PERSONAL 8 ADV IN AIRY 1 , GF.NL AGGRErGAVTE I I IMIT APR.IF.S PF.R GENERALAGGREGATE 2,000.000 rvAJCYu.Pi�'cVt LOG BY: AEL .GAT TS-COMPADPAG - ES PRODUCO s 2,000,000 E _ OTHER: __ " MLITYA ORNEY -1 A AUIOMOBILEaABIUTY 0i(1(OF HU NGTON 81: CM CONIB �MIp NOLE UNIT $ 1,000,000 X ANYAWO X 810-ON810047-21-43-G 6/1/2021 61112022 tlOUILY WJURY Pa S -,OWNED SCHEDULED AUTOS ONLY AUTO;;S OOOILV INJURY(Pm eeNleeY.) -$ AUTOS ONLY AIDITOS ON..� �aE�DNLIGE 5 A X UMBRELLA LJAB X OCCUR I FaCHOCCURRENCE S 4.000,000 FXCESSLIAB CwL1s_L1ADE CUP-1 N325166-21.43 6H/2021 6/1/2022 4,000,000 ,9GS1Ti00AT[ } ❑ED RETENTIONS A WOR([RS COMPENSATION X PER OT N AND EMPLOYERS'LIABILITY Y 1 N —-KR uIE_—FIL AND PROPRIETOR NAHIHIRAJ(EcmvE X UB-7K940269-21-43-G 6/112021 6/1/2022 1,000,000 OFFICEIiM�MBER EXCI.UDEV1 NIA ELEACiI ACCIDENT 5 OFF r«y nNMN�I 1,000,000 F..L.DISEASE=EA EIACLOYE _$ It yn Ucacaao,ador 1,000,000 DF IPTION OF OPERATIONS aub EL.DISEASE-POLICY MIT S B Pollution I Environm ——ERAHL9621 215/2021 I 2/512022 Each Incident 1,000,000 B Pollution I Environm ERAHL9621 2/512021 1111 2/5/2022 Aggregate 2,000,00g OESCRIPaON OF OPERATIONS I LOCATIONS I VEHICLES r1CORD 101.Addlllo,ul AGAUA6 Sch* Wr may M atto chad if man$P¢a Is required) Where required by written contract,"The City of Huntington Beach,its officers,elected and or appointed officials,employees agents and volunteers"are Included as Additional Insured as respects operations of the Named Insured as their Interest may appear per Form NCG 02 47 04 19. This Insurance shall apply as Primary where required by an executed written contract as respects General Liability par attached Forme CG T1 00 02 19,page 16,paragraph 4.D. Blanket waiver of subrogation for General Liability applies per form NCG 24 04 05 09;and welver of subrogation for Workors'Compensation applies per Form NWC 99 03 76(A).001. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Reach THE ACCORDANCE WITH THE POLICY PROVIS ONS,TION DATE THEREOF. CE WILL BE DELIVERED IN Attn:Jay Klalnhoinz Public Works Division 2000 Main Street AUVIORIZED REPRESENTATIVE Huntington Beach,CA 92648 Is .i ACORD 25(2016ID3) ®19BO-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I i COMMERCIAL GENERAL LIABILITY j POLICY NUMBER: P-630-7K939062-TIL-21 ISSUEDATE: 11-22-21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ADDITIONAL INSURED (Includes Products Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE OF ADDITIONAL INSUREDS AND COVERED OPERATION NAME OF PERSON OR ORGANIZATION: THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS PUBLIC WORKS DIVISION 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 PROJECT/LOCATION OF COVERED OPERATIONS: ALL WELLS &EQUIPMENT FOR THE CITY OF HUNTINGTON BEACH PROVISIONS The insurance provided to such additional insured is The following Is added to SECTION II -WHO IS AN subject to the following provisions: INSURED: a. If the Limits of Insurance of this Coverage Part ^� Any person or organization shown in the Schedule shown in the Declarations exceed the minimum Of Additional Insureds And Covered Operations thal limits required by the written contract or you agree in a written contract or agreement to agreement, the insurance provided to the include as an additional insured on this Coverage additional insured will be limited to such = Part is an insured, but only: minimum required limits. For the purposes of determining whether this limitation applies, the a. With respect to liability for "bodily injury" or minimum limits required by the written contract or c '.property damage" that occurs, or for "personal agreement will be considered to include the oB injury' caused by an offense that is committed, minimum limits of any Umbrella or Excess subsequent to the signing of that contract or liability coverage required for the additional agreement and while that part of the contract or insured by that written contract or agreement. agreement is in effect; and This provision will not increase the limits of b. If, and only to the extent that, such injury or insurance described in Section III - Limits Of i damage is caused by acts or omissions of you or Insurance. your subcontractor in the performance of "your b. The insurance provided to such additional work' on or for the project, or at the location, insured does not apply to: shown in the Schedule Of Additional Insureds And Covered Operations, to which the wrillen (1) Any "bodily injury", "property damage" or contract or agreement applies. Such person or "personal injury" arising out of the providing, or organization does not qualify as an additional architectural, to provide, any professional architect insured with respect to the independent acts or al, engineering or surveying services, including: omissions of such person or organization. CG 02 47 0419 02018 The Travelers Indemnity Company.All rights reserved. Pagel Of 2 005757 COMMERCIAL GENERAL LIABILITY t (a) The preparing, approving, or failing to (c) The nature and location of any injury or prepare or approve, maps, shop damage arising out of the "occurrence" j drawings, opinions, reports, surveys, oroffense. field orders or change orders, or the (2) If a claim is toads or"suit" is brought against preparing, approving, or failing to the additional insured: prepare or approve, drawings and specifications;and (a) Immediately record the specifics of the claim or"suit" and the date received; and (1)) Supervisory, inspection, architectural or (1)) Notify us as soon as practicable and see engineering activities. to it that we receive written notice of the (2) Any "bodily injury" or "properly damage" claim or"suit" as soon as practicable. caused by "your work" and included in the (3) Immediately send us copies of all legal "products-completed operations hazard" papers received In connection with the claim unless the written contract or agreement or "suit", cooperate with us in the specifically requires you to provide such investigation or settlement of the claim or coverage for that additional insured during defense against the "suit", and otherwise the policy period. comply with all policy conditions. c. The additional insured must comply wl h the (4) Tender the defense and indemnity of any following duties: claim or "suit" to any provider of other (1) Give us written notice as soon as practicable insurance which would cover such additional of an "occurrence" or an offense which may insured for a loss we cover. However, this result in a claim. To the extent possible, such condition does not affect whether the notice should include: insurance provided to such additional (a) How,when and where the"occurrence" insured is primary to other insurance or offense took place: available to such additional insured which covers that person or organization as a (b) The names and addresses of any injured named insured as described in Paragraph 4., persons and witnesses; and Other Insurance, of Section IV - Commercial General Liability Conditions. Page 2 of 2 02018 The Travelers Indemnity Company.All rights reserved. CG D2 47 0419 POLICY NUMBER: P-630-71<939062-TIL-21 COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM i I Various provisions In this policy restrict coverage. Read (1) The "bodily injury" or"properly damage" Is the entire policy carefully to determine rights, duties and caused by an"occurrence" that takes place what is and is not covered. In the"coverage territory'; Throughout this policy the words "you" and "your' refer (2) The "bodily Injury" or "property damage" to the Named Insured shown In the Declarations, and occurs during the policy period;and any other person or organization qualifying as a Named (3) Prior to the policy period, no insured listed Insured under this policy. The words "we", "us" and under Paragraph 1. of Section II — Who Is our'refer to the company providing this Insurance. An Insured and no "employee" authorized The word "insured" means any person or organization by you to give or receive notice of an qualifying as such under Section II — Who Is An "occurrence" or claim knew that the"bodily Insured. Injury' or'property damage" had occurred, Other words and phrases that appear in quotation In whole or in part. If such a listed insured marks have special meaning. Refer to Section V — or authorized "employee" knew, prior to the policy period, that the "bodily Injury' or Definitions. "property damage" occurred, then any SECTION I—COVERAGES continuation, change or resumption of such COVERAGE A—BODILY INJURY AND PROPERTY "bodily injury" or 'property damage" during DAMAGE LIABILITY or after the policy period will be deemed to 1. Insuring Agreement have been known prior to the policy period. a. We will pay those sums that the Insured c. "Bodily injury' or "property damage" which becomes legally obligated to pay as damages occurs during the policy period and was not, because of 'bodily injury' or"property damage" prior to the policy period, known to have to which this Insurance applies. We will have occurred by any insured listed under Paragraph the right and duly to defend the insured against 1, of Section II — Who Is An Insured or any suit" seeking those damages. However, "employee' authorized by you to give or receive any we will have ki duty to defend the insured notice of an "occurrence' or claim, Includes any against any "suit" seeking damages for"bodily "bodily Injurtion,y" change or resumption of that Injury' or 'property damage" to which this "bodily Injury or "property damage" after the Insurance does not apply. We may, at our end of the policy period. discretion, Investigate any "occurrence" and d. "Bodily Injury' or 'property damage" will be settle any claim or"suit"that may result. But: deemed to have been known to have occurred (1) The amount we wn pay for damages is at the earliest time when any Insured listed limited as described In Section III — Limits under Paragraph 1. of Section II — Who Is An Insurance; and Insured or any"employee" authorized by you to Of give or receive notice of an "occurrence" or (2) Our right and duty to defend end when we claim: have used up the applicable limit of (1) Reports an, or any part, of the "bodily Insurance In the payment of judgments or injury or "property damage" to us or any settlements under Coverages A or B or other insurer; medical expenses under Coverage C. No other obligation or liability to pay sums or (2) Receives a written or verbal demand or perform acts or services Is covered unless claim for damages because of the "bodily explicitly provided for under Supplementary Injury'or*property damage"; or Payments. (3) Becomes aware by any other means that b. This Insurance applies to "bodily Injury" and "bodily Injury' or "property damage" has "property damage"only if: occurred or has begun to occur. CG T1 00 02 19 m 2017 The Travelers Indemnify Company.All rights reserved. Pagel Of 21 Includes copyrighted material of Insurance services Office, Inc.with Its permission, COMMERCIAL GENERAL LIABILITY POLICY NUMBER:P-630-7K939062-TIL-21 e. Damages because of "bodily Injury' include (3) Any statute, ordinance or regulation relating damages claimed by any person or organization to the sale, gift, distribution or use of for care, loss of services or death resulting at alcoholic beverages. any time from the"bodily injury'. This exclusion applies only if you are in the 2. Exclusions business of manufacturing, distributing, selling, This Insurance does not apply to: serving or furnishing alcoholic beverages. For Expected Or Intended Injury the purposes of this exclusion, permitting a a. Ex P 1 ry person to bring alcoholic beverages on your "Bodily Injury'or"property damage" expected or premises, for consumption on your premises, intended from the standpoint of the insured. whether or not a fee Is charged or a license is This exclusion does not apply to"bodily Injury' required for such activity, is not by Itself or "property damage" resulting from the use of considered the business of selling, serving or reasonable force to protect persons or property. furnishing alcoholic beverages. b. Contractual Liability d. Workers' Compensation And Similar Laws "Bodily injury" or "property damage" for which Any obligation of the Insured under a workers' the insured Is obligated to pay damages by compensation, disability benefits or reason of the assumption of liability In a unemployment compensation law or any similar contract or agreement. This exclusion does not law. apply to liability for damages: e. Employer's Liability (1) That the insured would have in the absence "BodilyIn' to: of the contract or agreement;or N� ( (1) An 'employee" of the Insured arising out of 2) Assumed in a contract or agreement that Is and in the course of: an "Insured contract", provided that the "bodily injury or "property damage" occurs (a) Employment by the Insured; or subsequent to the execution of the contract (b) Performing duties related to the or agreement. Solely for the purposes of conduct of the Insured's business; or liability assumed in an "insured contract", (2) The spouse, child, parent, brother or sister reasonable attorneys' fees and necessary of that 'employee" as a consequence of litigation expenses Incurred by or for a party paragraph (1)above, other than an insured will be deemed to be damages because of "bodily Injury' or This exclusion applies whether the Insured may "property damage", provided that: be liable as an employer or in any other capacity and to any obligation to share damages with or (a) Liability to such party for, or for the repay someone else who must pay damages cost of, that partys defense has also because of the Injury. been assumed In the same "insured contract"; and This exclusion does net apply to liability assumed by the insured under an "insured (b) Such attorneys' fees and litigation contract". expenses are for defense of that party against a civil or alternative dispute f. Pollution resolution proceeding in which (1) "Bodily injury" or"property damage" arising damages to which this insurance out of the actual, alleged or threatened applies are alleged. discharge, dispersal, seepage, migration, c. Liquor Liability release or escape of"pollutants": Bodily Injury' or "property dam age"" for which (a) At or from any premises, site or any Insured may be held liable by reason of: location which is or was at any time owned or occupied by, or rented or (1) Causing or contributing to the Intoxication loaned to, any insured. However, this of any person; subparagraph does not apply to: (2) The furnishing of alcoholic beverages to a (i) "Bodily Injury' if sustained within a person under the legal drinking age or building and caused by smoke, under the Influence of alcohol;or fumes, vapor or soot produced by or originating from equipment that Page 2 of 21 ®2017 The Travelers Indemnity Company.All rights reserved. CCa T1 00 02 19 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. POLICY NUMBER: P-630-7K939062-TIL-21 COMMERCIAL GENERAL LIABILITY is used to heat, cool or dehumidify to perform the normal electrical, the building, or produced by or hydraulic or mechanical functions j originating from equipment that is necessary for the operation of used to heal water for personal "mobile equipment" or its parts, if use by the building's occupants or such fuels, lubricants or other lhelrguests; operating fluids escape from a (II) "Bodily injury' or "property vehicle part designed to hold,store damage" for which you may be or receive them. This exception held liable, if you are a contractor does not apply If the"bodily injury' I and the owner or lessee of such or "property damage" arises out of premises, site or location has been the Intentional discharge, dispersal added to your policy as an or release of the fuels, lubricants additional Insured with respect to or other operating fluids, or If such your ongoing operations performed fuels, lubricants or other operating for that additional Insured at that fluids are brought on or to the premises, site or location and such premises, site or location with the premises, site or location is not intent that they be discharged, and never was owned or occupied dispersed or released as part of by, or rented or loaned to, any the operations being performed by Insured, other than that additional such Insured, contractor or insured; or subcontractor, (iii) "Bodiy injury' or "property (if) "Bodily Injury' or "property damage" arising out of heat, damage" sustained within smoke or fumes from a "hostile fire"; building and caused by the release of gases, fumes or vapors from (b) At or from any premises, site or materials brought Into that building location which is or was at any time in connection with operations being used by or for any insured or others for performed by you or on your behalf the handling, storage, disposal, by a contractor or subcontractor; or processing or treatment of waste; (c) If such "pollutants" are or were at any (iii) "Bodily injury' or "property time transported, handled, stored, damage" arising out of heat, smoke or fumes from a "hostile treated, disposed of, or processed as fire"; or waste by or for: (i) Any insured;or (e) At or from any premises, site or location on which any insured or any (11) Any person or organization for contractors or subcontractors working whom you may be legally directly or Indirectly on any insured's responsible; behalf are or were at any time (d) At or from any premises, site or performing operations to test for, location on which any insured or any monitor, clean up, remove, contain, contractors or subcontractors working treat, detoxify or neutralize, or in any directly or Indirectly on any insured's way respond to, or assess the effects behalf are performing operations If the of,"pollutants". "pollutants" are brought on or to the premises, site or location in connection (2) Any loss, cost or expense arising out of with such operations by such Insured, any: contractor or subcontractor. However, (a) Request, demand, order or statutory or this subparagraph does not apply to: regulatory requirement that any insured (1) "Bodily injury or "property or others test for, monitor, clean up, damage" arising out of the escape remove, contain, treat, delobfy or of fuels, lubricants or other neutralize, or in any way respond to, or operating fluids which are needed assess the effects of,"pollutants" or CG T1 00 02 19 O 2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 21 Includes copyrighted material of 16wrance Services Offko, Inc.vAth he permission. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: P-630-7K939062-TIL-21 (b) Claim or suit by or on behalf of any (b) The operation of any of the machinery governmental authority or any other or equipment listed In Paragraph f.(2) person or organization because of or f.(3) of the definition of "mobile testing for, monitoring, cleaning tip, equipment"; or removing, containing, treating, (6) An aircraft that is: detoxifying or neutralizing, or In any way responding to, or assessing the (a) Chartered with a pilaf to any Insured; effects of,"pollutants". (b) Not owned by any insured;and g. Aircraft, Auto Or Watercraft (c) Not being used to carry any person or "Bodily Injury" or"property damage" arising out property for a charge. of the ownership, maintenance, use or h. Mobile Equipment entrustment to others of any aircraft, "auto" or "Bodily Injury' or"property damage" arising out watercraft owned or operated by or rented or of: loaned to any insured. Use includes operation and"loading or unloading". (1) The transportation of "mobile equipment" Iles even If the claims by an "auto" owned or operated by or This exclusion applies rented or loaned to any Insured; or against any Insured allege negligence or other wrongdoing In the supervision, hiring, (2) The use of"mobile equipment" in, or while employment, training or monitoring of others by in practice for, or while being prepared for, that Insured, if the "occurrence" which caused any prearranged racing, speed, demolition, the"bodily injury' or"property damage' involved or stunting activity. the ownership, maintenance, use or I. War entrustment to others of any aircraft, "auto" or "Bodily Injury' or"property damage" arising out watercraft that is owned or operated by or of rented or loaned to any Insured. This exclusion does not apply to: (1) War, including undeclared or civil war; (1) A watercraft while ashore on premises you (2) Warlike action a military force, Including action in hindering or defending against an own or rent; actual or expected attack, by any (2) A watercraft you do not own that Is: government, sovereign or other authority (a) 50 feet long or less; and using military personnel or other agents; or (b) Not being used to carry any person or (3) Insurrection, rebellion, revolution, usurped property for a charge; power, or action taken by governmental authority In hindering or defending against (3) Parking an "auto" on, or on the ways next any of these. to, premises you own or rent, provided the "auto" is not owned by or rented or loaned j• Damage To Property to you or the Insured; "Property damage"to: (4) Liability assumed under any "insured (1) Property you own, rent, or occupy, contract"for the ownership, maintenance or Including any costs or expenses incurred use of aircraft or watercraft; by you, or any other person, organization or (5) "Bodily Injury' or"property damage" arising entity, for repair, replacement, out of: enhancement, restoration or maintenance a The operation of machine or of such property for any reason, including O Pe machinery prevention of injury to a person or damage equipment that is attached to, or part to another's property; of, a land vehicle that would qualify as "mobile equipment" under the definition (2) Premises you sell, give away or abandon, if of "mobile equipment" If such land the "properly damage" arises out of any vehicle were not subject to a part of those premises; compulsory or Financial responsibility (3) Property loaned to you; law, or other motor vehicle Insurance (4) Personal property in the care, custody or law, where it Is licensed or principally control of the Insured; garaged; or Page 4 of 21 ®2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office,Inc,with Its permission. POLICY NUMBER: P-630-7K939062-TIL-21 COMMERCIAL GENERAL LIABILITY I (5) That particular part of real property oil accidental physical injury to "your product" or which you or any contractors or your work" after It has been put to its Intended subcontractors working directly or indirectly use. on your behalf are performing operations, If n. Recall Of Products,Work Or Impaired the 'property damage" arises out of those Property operations;or Damages claimed for any loss, cost or expense (6) That particular part of any property that Incurred by you or others for the less of use, must be restored, repaired or replaced withdrawal, recall, Inspection, repair, because "your work" was incorrectly replacement, adjustment, removal or disposal performed on It. of: Paragraphs (1), (3) and (4) of this exduslon do (1) "Your product"; not apply to "premises damage". A separate (2) "Your work"; or limit of Insurance applies to"premises damage" as described In Paragraph 6. of Section III — (3) "Impaired property'; Limits Of Insurance. If such product, work, or property Is withdrawn Paragraph(2)of this exclusion does not apply if or recalled from the market or from use by any the premises are 'your work" and were never person or organization because of a known or occupied, rented or held for rental by you. suspected detect, deficiency, Inadequacy or Paragraphs (3), (4), (6) and (6) of this dangerous condition In it. exclusion do not apply to liability assumed o. Personal And Advertising Injury under a sidetrack agreement. "Bodily Injury arising out of "personal and Paragraph (6) of this exclusion does not apply advertising injury. to"property damage" included in the"products- p. Electronic Data completed operations hazard'. Damages arising out of the loss of, loss of use k. Damage To Your Product of, damage to, corruption of, inability to access, "Properly damage" to"your product" arising out or inability to manipulate"electronic data". of It or any part of it. However, this exclusion does not apply to I. Damage To Your Work liability for damages because of"bodily injury. "Property damage" to"your work" arising out of q. Unsolicited Communication it or any part of it and included In the"products- "Bodily Injury or"property damage" arising out completed operations hazard". of any actual or alleged violation of any law that This exclusion does not apply If the damaged restricts or prohibits the sending, transmitting work or the work out of which the damage or distributing of"unsolicited communication". arises was performed on your behalf by a subcontractor. r. Access Or Disclosure Of Confidential Or Personal Information m. Damage To Impaired Property Or Property Not Physically Injured "Bodily Injury or"property damage" arising out of any access to or disclosure of any person's "Property damage" to 'Impaired property' or or organization's confidential or personal property that has not been physically Injured, Information. arising out of: s. Asbestos (1) A defect, deficiency, Inadequacy or dangerous condition In "your product" or (1) "Bodily Injury" or"property damage" arising .your work"; or out of the actual or alleged presence or (2) A delay or failure by you or anyone acting actual, alleged or threatened dispersal of on your behalf to perform a contract or asbestos, asbestos fibers or products agreement in accordance with its terms, containing asbestos, provided that the 'bodily injury' or "property damage" is This exclusion does not apply to the lass of use caused or contributed to by the hazardous of other property arising out of sudden and properties of asbestos. CG T1 00 02 19 ®2017 The Travelers Indemnity company.Ali rights reserved. Page 5 of 21 Includes copyrighted material of Insurance services office,Inc.with Its permission. POLICY NUMBER: P-630-7K939062-TIL-21 COMMERCIAL GENERAL LIABILITY i (2) 'Bodily Injury' or"property damage" arising employment-related practices described in out of the actual or alleged presence or Paragraph(a), (b),or(c)above Is directed, actual, alleged or threatened dispersal of This exclusion applies whether the insured may I any solid, liquid, gaseous or thermal irritant be liable as an employer or in any other capacity or contaminant, Including smoke, vapors, and to any obligation to share damages with or soot, fumes, acids, alkalis, chemicals and repay someone else who must pay damages waste, and that are part of any claim or because of the"bodily injury'. "suit" which also alleges any"bodily Injury" Exclusions c. through n, do not apply to "premises or "property damage" described in damage". A separate limit of Insurance applies to Paragraph(1) above. "premises damage" as described in Paragraph 6.of (3) Any loss, cost or expense arising out of Section III—Limits Of Insurance. any: COVERAGE B—PERSONAL AND ADVERTISING (a) Request, demand, order or statutory or INJURY LIABILITY regulatory requirement that any Insured 1. Insuring Agreement or others test for, monitor, clean up, a. We will pay those sums that the insured remove, contain, treat, detoxify or becomes legally obligated to pay as damages neutralize, or in any way respond to, or because of "personal and advertising Injury" to assess the effects of, asbestos, which this Insurance applies. We will have the asbestos fibers or products containing right and duly to defend the insured against any asbestos; or "suit" seeking those damages. However, we will (b) Claim or suit by or on behalf of any have no duty to defend the insured against any governmental authority or any other "suit" seeking damages for "personal and person or organization because of advertising injury' to which this Insurance does testing for, monitoring, cleaning up, not apply. We may, at our discretion, removing, containing, treating, investigate any offense and settle any claim or detoxifying or neutralizing, or in any "suit"that may result. But: way responding to, or assessing the (1) The amount we will pay for damages Is effects of, asbestos, asbestos fibers or limited as described in Section III — Limits products containing asbestos. Of Insurance; and t. Employment-Related Practices (2) Our right and duly to defend end when we "Bodily lnjury'to: have used up the applicable limit of (1) A person arising out of any: Insurance in the payment of judgments or (a) Refusal to employ that person; settlements under Coverages A or B or (b) Termination of that person's medical expenses under Coverage C. employment; or No other obligation or liability to pay sums or (c) Employment-related practice, policy, perform acts or services is covered unless act or omission, such as coercion, explicitly provided for under Supplementary demotion, evaluation, reassignment, Payments. discipline, failure to promote or b. This insurance applies to "personal and advance, harassment, humiliation, advertising Injury' caused by an offense arising discrimination, libel, slander, violation out of your business but only if the offense was of the person's right of privacy, committed In the "coverage territory'during the malicious prosecution or false arrest, policy period. detention or Imprisonment applied to or 2. Exclusions directed at that person, regardless of whether such practice, policy, act or This insurance does not apply to: omission occurs, is applied or Is a. Knowing Violation Of Rights Of Another committed before, during or after the "Personal and advertising injury' caused by or time of that person's employment;or at the direction of the insured with the (2) The spouse, child, parent, brother or sister knowledge that the act would violate the rights of that person as a consequence of"bodily of another and would inflict "personal and Injury' to that person at whom any of the advertising Injury". Page 6 of 21 ®2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance services Office, Inc.with Its permission. POLICY NUMBER: P-630-7K939062-TIL-21 COMMERCIAL GENERAL LIABILITY This exclusion does not apply to "personal against a civil or alternative dispute injury'caused by malicious prosecution. resolution proceeding In which b. Material Published With Knowledge Of damages to which this insurance Falsity applies are alleged. "Personal and advertising injury' arising out of f. Breach Of Contract oral or written publication, including publication "Advertising Injury' arising out of a breach of by electronic means, of material, if done by or at contract. the direction of the insured with knowledge of g, quality Or Performance Of Goods—Failure its falsity. To Conform To Statements c. Material Published Or Used Prior To Policy "Advertising injury' arising out of the failure of Period goods, products or services to conform with (1) "Personal and advertising Injury' arising Out any statement of quality or performance made of oral or written publication, including In your"advertisement". publication by electronic means, of material In. Wrong Description Of Prices whose first publication took place before the beginning of the policy period;or "Advertising injury' arising out of the wrong description of the price of goods, products or (2) "Advertising injury' arising out of services slated in your"advertisement". infringement of copyright, "title" or"slogan" In your "advertisement" whose first 1. Intellectual Property Infringement in your "advertisement" was "Personal and advertising Injury" arising out of committed before the beginning of the any actual or alleged Infringement or violation of policy period. any of the following rights or laws, or any other d. Criminal Acts "personal and advertising Injury' alleged in any claim or "suit' that also alleges any such "Personal and advertising Injury" arising out of a Infringement or violation: criminal act committed by or at the direction of the insured. (1) Copyright; e. Contractual Liability (2) Patent; "Personal and advertising injury" for which the (3) Trade dress; Insured has assumed liability in a contract or (4) Trade name; agreement. This exclusion does not apply to (5) Trademark; liability for damages: (5) Trade secret;or (1) That the insured would have In the absence of the contract or agreement; or (7) Other intellectual property rights or laws. (2) Because of "personal Injury" assumed by This exclusion does not apply to: you in a contract or agreement that is an (1) "Advertising injury'arising out of any actual "Insured contract', provided that the or alleged infringement or violation of "personal injury" is Caused by an offense anothers copyright, "title" or "slogan" in committed subsequent to the execution of your"advertisement"; or the contract or agreement. Solely for the purposes of liability assumed by you In an (2) Any other "personal and advertising injury' "Insured contract", reasonable attorneys' alleged in any claim or "suit" that also fees and necessary litigation expenses alleges any such Infringement or violation incurred by or for a party other than an of another's copyright, "title" or"slogan" In Insured will be deemed to be damages your advertisement". because of"personal injury', provided that: J. Insureds In Media And Internet Type (a) Liability to such party for, or for the Businesses cost of, that party's defense has also "Personal and advertising injury' caused by an been assumed by you In the same offense committed by an Insured whose "insured contract"; and business Is: (b) Such attorneys' fees and litigation (1) Advertising,"broadcasting"or publishing; expenses are for defense of that party CG T1 00 02 19 ®2017 The Travelers Indemnity Company.All rights reserved. Page 7 of 21 Includes copyrighted material of Insurance services Orrice.Inc.v,11h its permission. I COMMERCIAL GENERAL LIABILITY POLICY NUMBER: P-630-7K939062-TIL-21 I (2) Designing or determining content of neutralizing, or In any way responding to, or i websites for others; or assessing the effects of,"pollutants". (3) An Internet search, access, content or o. War I service provider. "Personal and advertising injury"arising out of: However, this exclusion does not apply to (1) War, including undeclared or civil war; Paragraphs a.(1), (2) and (3)of the definition of "personal Injury. (2) Warlike action by a military force, including action In hindering or defending against an For the purposes of this exclusion: actual or expected attack, by any (1) Creating and producing correspondence government, sovereign or other authority written in the conduct of your business, using military personnel or other agents; or bulletins, financial or annual reports, or (3) Insurrection, rebellion, revolution, usurped newsletters about your goods, products or power, or action taken by governmental services will not be considered the authority In hindering or defending against business of publishing;and any of these. (2) The placing of frames, borders or links, or p, Unsolicited Communication advertising, for you or others anywhere on the Internet will not, by itself, be considered "Personal and advertising Injury" arising out of the business of advertising, "broadcasting" any actual or alleged violation of any law that or publishing. restricts or prohibits the sending, transmitting or distributing of"unsolicited communication". k. Electronic Chatrooms Or Bulletin Boards q. Access Or Disclosure Of Confidential Or "Personal and advertising injury' arising out of Personal Information an electronic chatroom or bulletin board the "Personal and advertising injury arising out of insured hosts or owns, or over which the any access to or disclosure of any person's or Insured exercises control. organization's confidential or personal I. Unauthorized Use Of Another's Name Or information. Product r. Asbestos "Personal and advertising Injury arising out of (1) "Personal and advertising injury"arising out the unauthorized use of another's name or of the actual or alleged presence or actual, product in your e-mail address, domain name or alleged or threatened dispersal of asbestos, metatag, or any other similar tactics to mislead asbestos fibers or products containing another's potential customers. asbestos, provided that the "personal and m. Pollution advertising injury Is caused or contributed "Personal and advertising injury" arising out of to by the hazardous properties of asbestos. the actual, alleged or threatened discharge, (2) "Personal and advertising Injury'arising out dispersal, seepage, migration, release or of the actual or alleged presence or actual, escape of"pollutants"at any time. alleged or threatened dispersal of any solid, n. Pollution-Related liquid, gaseous or thermal Irritant or contaminant, Including smoke, vapors, Any loss,cost or expense arising out of any: soot, fumes, acids, alkalis, chemicals and (1) Request, demand, order or statutory or waste, and that are part of any claim or regulatory requirement that any Insured or "suit" which also alleges any"personal and others lest for, monitor, clean up, remove, advertising injury' described In Paragraph contain, treat, deloxify or neutralize, or In (1) above• any way respond to, or assess the effects (3) Any loss, cost or expense arising out of of,"pollutants"; or any: (2) Claim or suit by or on behalf of any (a) Request, demand, order or statutory or governmental authority or any other person regulatory requirement that any insured or organization because of testing for, or others test for, monitor, clean up, monitoring, cleaning up, removing, remove, contain, treat, detoxify or containing, treating, detoxifying or neutralize, or in any way respond to, or Page 8 of 21 0 2017 Tlw Travelers Indemnity Company.All rights reserved. CO T1 00 02 19 Includes copyrighted material of Insurance services Office, Inc.With its permisslon. POLICY NUMBER: P-630-7K939062-TIL-21 COMMERCIAL GENERAL LIABILITY I assess the effects of, asbestos, (3) Because of your operations; asbestos fibers or products containing provided that: asbestos; or (b) Claim or suit by or on behalf of any (a) The accident lakes place In the "coverage governmental authority or any other territory" and during the policy period; person or organization because of (b) The expenses are Incurred and reported to testing for, monitoring, cleaning up, us within one year of the date of the removing, containing, treating, accident; and detoxifying or neutralizing, or In any (c) The injured person submits to examinallon, way responding to, or assessing the at our expense, by physicians of our choice effects of, asbestos, asbestos fibers or as often as we reasonably require. products containing asbestos. b. We will make these payments regardless of s, Employment-Related Practices fault. These payments will not exceed the "Personal Injury"lo: applicable limit of insurance. We will pay (1) A person arising out of any: reasonable expenses for: (1) First aid administered at the time of an (a) Refusal to employ that person; accident; (b) Termination of that person's (2) Necessary medical, surgical, X-ray and employment; or dental services, including prosthetic (c) Employment-related practice, policy, devices; and act or omission, such as coercion, (3) Necessary ambulance, hospital, demotion, evaluation, reassignment, professional nursing and funeral services. discipline, failure to promote or advance, harassment, humiliation, 2. Exclusions discrimination, libel, slander, violation We will not pay expenses for"bodily Injury": of the person's right of privacy, a. Any Insured malicious prosecution or false arrest, To any insured, except 'volunteer workers". detention or Imprisonment applied to or directed at that person, regardless of b. Hired Person whether such practice, policy, act or To a person hired to do work for or on behalf of omission occurs, Is applied or is any insured or a tenant of any insured. committed before, during or after the c. Injury On Normally Occupied Premises time of that person's employment; or To a person injured on that part of premises (2) The spouse, child, parent, brother or sister you own or rent that the person normally of that person as a consequence of occupies. .,personal Injury' to that person at whom any of the employment-related practices d. Workers' Compensation And Similar Laws described In Paragraph (a), (b), or (c) To a person, whether or not an 'employee" of above Is directed. any insured, if benefits for(he'bodily Injury" are This exclusion applies whether the Insured may payable or must be provided under a workers' be liable as an employer or in any other capacity compensation or disability benefits law or a and to any obligation to share damages with or similar law. repay someone else who must pay damages e. Athletics Activities because of the"personal injury'. To a person injured while practicing, Instructing COVERAGEC—MEDICALPAYMENTS or participating in any physical exercises or 1. Insuring Agreement games, sports, or athletic contests. a. We will pay medical expenses as described If. Products-Completed Operations Hazard below for*bodily injury caused by an accident: Included within the "products-completed (1) On premises you own or rent; operations hazard'. (2) On ways next to premises you own or rent; g• Coverage A Exclusions or Excluded under Coverage A. CG T1 00 02 19 ®2017 The Travelers Indemnity Company.All rights reserved. Page 9 of 21 Includes copyrighted material of Insurance services Office,Inc.with Re permission. I COMMERCIAL GENERAL LIABILITY POLICY NUMBER: P-630-7K939062-TIL-21 SUPPLEMENTARY PAYMENTS assumed by the insured In the same "Insured 1. We will pay, with respect to any claim we contract"; investigate or settle, or any"suit" against an Insured d. The allegations in the "suit" and the Information we defend: we know about the "occurrence" or offense are such that no conflict appears to exist between a. All expenses we Incur. the Interests of the Insured and the Interests of b. Up to$2,500 for the cost of bail bonds required the indemnitee; because of accidents or traffic law violations e. The Indemnitee and the Insured ask us to arising out of the use of any vehicle to which conduct and control the defense of that the Bodily Injury Liability Coverage applies. We indemnitee against such "suit" and agree that de not have to furnish these bonds. we can assign the same counsel to defend the c. The cost of bonds to release allachrllenls, but Insured and the indemnitee; and only for fond amounts within the applicable limit f. The indemnitee: of Insurance. We do not have to furnish these (1) Agrees In writing to: bonds. (a) Cooperate with us In the Investigation, d. All reasonable expenses incurred by the settlement or defense of the"suit"; Insured at our request to assist us in the (b) Immediately send us copies of any Investigation or defense of the claim or "suit", demands, notices, summonses or legal including actual loss of earnings up to $500 a papers received in connection with the day because of time off from work. Suit'; e. All court costs taxed against the Insured In the (c) Notify any other insurer whose However, these payments do not include coverage is available to the Indemnitee; allorneys' fees or attorneys' expenses taxed and against the Insured. (d) Cooperate with us with respect to f. Prejudgment Interest awarded against the coordinating other applicable insurance Insured on that part of the judgment we pay. If available to the indemnitee; and we make an offer to pay the applicable limit of (2) Provides us with written authorization to: insurance, we will not pay any prejudgment Interest based on that period of time after the (a) Obtain records and other information offer. related to the"suit';and g. All interest on the full amount of any judgment (b) Conduct and control the defense of the that accrues after entry of the judgment and indemnitee in such"suit", before we have paid, offered to pay, or So long as the above conditions are met, attorneys' deposited in court the pad of the judgment that fees incurred by us In the defense of that Is within the applicable limit of Insurance. indemnitee, necessary litigation expenses Incurred These payments will not reduce the limits of by us and necessary litigation expenses incurred by Insurance. the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the 2. If we defend an Insured against a "suit" and an provisions of Paragraph 2.1 of Section I — Indemndee of the insured is also named as a party Coverages — Coverage A — Bodily Injury And to the "suit", we will defend that Indemnitee if all of Property Damage Liability or Paragraph 2.e. of the following conditions are met: Section I — Coverages — Coverage B — Personal a. The "suit" against the Indemnitee seeks And Advertising Injury Liability, such payments will damages for which the insured has assumed not be deemed to be damages for "bodily Injury', the liability of the Indemnitee in a contract or "property damage" or"personal injury', and will not agreement that is an"Insured contract"; reduce the limits of insurance. b. This Insurance applies to such liability assumed Our obligation to defend an insured's indemnitee by the insured; and to pay for attorneys' fees and necessary c. The obligation to defend, or the cost of the litigation expenses as Supplementary Payments defense of, that Indemnitee, has also been ends when: Page 10 of 21 ®2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with Its permission. POLICY NUMBER: P-630-71<939062-TIL-21 COMMERCIAL GENERAL LIABILITY I a. We have used up the applicable limit of workers" while performing duties Insurance In the payment of judgments, related to the conduct of your settlements or medical expenses; or business; b. The conditions set forth above, or the terms of (b) To the spouse, child, parent, brother or the agreement described in Paragraph f.above, sister of that co-'employee" or are no longer met. "volunteer worker" as a consequence SECTION II—WHO IS AN INSURED of Paragraph(1)(a)above; 1. If you are designated In the Declarations as: (c) For which there Is any obligation to a. An Indivdual, you and your spouse are share damages with or repay someone insureds, but only with respect to the conduct else who must pay damages because of a business of which you are the sole owner. (1 the injury described in Paragraph (1)(a)or(b)above; or b. A partnership or joint venture, you are an insured. Your members, your partners, and (d) Arising out his or her providing or their spouses are also insureds, but only with fairing to provide professional health respect to the conduct.of your business. care services. you c. A limited liability company, you are an insured. Unless you are in the business or Your members are also Insureds, but only with occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) respect to the conduct of your business. Your and (d) above do not applyto"bodily injury' managers are insureds, but only with respect to arising out of providing or failing to provide their duties as your managers, first aid or "Good Samaritan services" by d. An organization other than a partnership, joint any of your "employees" or "volunteer venture or limited liability company, you are an workers", other than an employed or insured. Your "executive officers" and directors volunteer doctor. Any such "employees" or are insureds, but only with respect to their "volunteer workers" providing or failing to duties as your officers or directors. Your provide first aid or "Good Samaritan stockholders are also Insureds, but only with services" during their work hours for you respect to their liability as stockholders, will be deemed to be acting within the e. A trust, you are an Insured. Your trustees are scope of their employment by you or also insureds, but only with respect to their performing duties related to the conduct of duties as trustees. your business. 2. Each of the following is also an insured: (2) 'Properly damage' to property: a, Your "volunteer workers" only while performing (a) Owned, occupied or used by; duties related to the conduct of your business, (b) Rented to, In the care, custody or or your 'employees", other than either your control of, or over which physical "executive officers" (if you are an organization control is being exercised for any other than a partnership, joint venture or limited purpose by; liability company)or your managers(if you are a you, any of your "employees', "volunteer limited liability company), but only for acts workers", any partner or member(if you are within the scope of their employment by you or a partnership or joint venture), or any while performing duties related to the conduct member (if you are a limited liability of your business. However, none of these company). "employees" or "volunteer workers" are Insureds for: b. Any person (other than your "employee" or volunteer worker'D, or any organization, while (1) 'Bodily Injury'or'personal injury': acting as your real estate manager. (a) To you,to your partners or members (if c. Any person or organization having proper you are a partnership or joint venture), temporary custody of your property if you die, to your members (If you are a limited but only: Ilability company), to a co-"employee" while In the course of his or her (1) With respect to liability arising out of the employment or performing duties maintenance or use of that properly; and related to the conduct of your (2) Untll your legal representative has been business, or to your other "volunteer appointed. CG T1 00 02 19 ®2017 The Travelers Indemnity Company.All rights reserved. Page 11 Of 21 Includes copyrighted material of Insurance Services Office, Inc.xifh its permisslon. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: P-630-7K939062-TIL-21 d. Your legal representative if you die, but only b. Arises out of the ownership, maintenance or I with respect to duties as such. That use of that part of any premises leased to you. representative will have all your rights and The Insurance provided to such premises owner, duties under this Coverage Part. manager or lessor is subject to the following e. Any person or organization that, with your provisions: e)press or implied consent, either uses or is a. The limits of Insurance provided to such responsible for the use of a watercraft that you premises owner, manager or lessor will be the do not own that is: minimum limits that you agreed to provide In the (1) 50 feet long or less; and written contract or agreement, or the limits (2) Not being used to carry any person or shown In the Declarations, whichever are less. property for a charge. b. The Insurance provided to such premises 3. Any organization you newly acquire or form, other owner,manager or lessor does not apply to: than a partnership, joint venture or limited liability (1) Any "bodily Injury' or "properly damage" company, and of which you are the sole owner or In that occurs, or "personal and advertising which you maintain an ownership interest of more Injury' caused by an offense that Is than 50%, will qualify as a Named Insured If there is Committed, after you cease to be a tenant in no other similar insurance available to that that premises; or organization. However: (2) Structural alterations, new construction or a. Coverage under this provision is afforded only demolition operations performed by or on until the 180th day after you acquire or form the behalf of such premises owner, manager or organization or the end of the policy period, lessor. whichever Is earlier, 5. Any person or organization that is an equipment b. Coverage A does not apply to "bodily Injury or lessor and that you have agreed In a written contract "property damage" that occurred before you or agreement to Include as an additional Insured on acquired or formed the organization; and this Coverage Part is an insured, but only with c. Coverage B does not apply to "personal and respect to liability for "bodily injury', "property advertising injury arising out of an offense damage, or"personal and advertising Injury'that: comrrdtted before you acquired or formed the a. Is "bodily injury' or "property damage" that organization. occurs, or is "personal and advertising injury" For the purposes of Paragraph 1. of Section II — Caused by an offense that is committed, Who Is An Insured, each such organization will be subsequent to the signing of that contract or deemed to be designated in the Declarations as: agreement; and b. Is caused, in whole or in part, by your acts or a. An organization, other than a partnership, joint omissions In the maintenance, operation or use venture or limited liability company;or of equipment leased to you by such equipment b. A trust; lessor. as indicated In its name or the documents that The insurance provided to such equipment lessor Is govern its structure. subject to the fallowing provisions: a 4. Any person or organization that is a premises . The limits of insurance provided to such er or lessor and that you have agreed equipment lessor will be the minimum limits that owner, manager 9 you agreed to provide in the written contract or In a written contract or agreement to include as an agreement, or the limits shown in the additional Insured on this Coverage Part Is an Declarations, whichever are less. Insured, but only with respect to liability for'bodily b. The insurance provided to such equipment Injury', "property damage" or "personal and lessor does not apply to any "bodily Injury or advertising Injury'that: 'property damage" that occurs, or "personal a. Is "bodily injury or "property damage" that and advertising Injury' caused by an offense occurs, or Is "personal and advertising Injury" that Is committed, after the equipment lease caused by an offense that Is committed, a)pires. subsequent to the signing of that contract or No person or organization Is an Insured with respect to agreement; and the conduct of any current or past partnership, joint Page 12 of 21 m 2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office.Inc.with Its permission. i POLICY NUMBER: P-630-7K939062-TIL-21 COMMERCIAL GENERAL LIABILITY i venture or limited liability company that is not shown as a. The amount shown for the Damage To a Named Insured In the Declarations. This paragraph Premises Rented To You Limit In the does not apply to any such partnership, joint venture or Declarations of this Coverage Part; or limited liability company that otherwise qualifies as an b. $300,000 If no amount Is shown for the Insured under Section II—Who Is An Insured. Damage To Premises Rented To You Limit In SECTION III—LIMITS OF INSURANCE the Declarations of this Coverage Part. 1. The Limits of Insurance shown in the Declarations 7• Subject to Paragraph 6. above, the Medical and the rules below fix the most we will pay Expense Limit Is the most we will pay under ! regardless of the number of: Coverage C for all medical expenses because of "bodily injury'sustained by anyone person. a. Insureds; The Limits of Insurance of this Coverage Part apply b. Claims made or"suits" brought; or separately to each consecutive annual period and to any c. Persons or organizations making claims or remaining period of less than 12 months, starting with bringing"suits". the beginning of the policy period shown in the 2. The General Aggregate Limit is the most we will pay Declarations, unless the policy period Is extended after for the sum of: Issuance for an additional period of less than 12 months. In that case, the additional period will be a. Medical expenses under Coverage C; deemed part of the last preceding period for purposes of b. Damages under Coverage A, except damages determining the Limits of Insurance. because of"bodily Injury' or"properly damage" SECTION IV—COMMERCIAL GENERAL LIABILITY Included In the "products-completed operations CONDITIONS hazard": and 1. Bankruptcy c. Damages under CoverageB. Bankruptcy or Insolvency of the Insured or of the 3. The Products-Completed Operations Aggregate Insured's estate will not relieve us of our obligations Limit Is the most we will pay under Coverage A for under this Coverage Part. damages because of "bodily Injury' and 'property 2 Duties In The Event Of Occurrence,Offense, damage" Included In the "products-completed Claim Or Suit operations hazard'. 4. Subject to Paragraph 2. above, the Personal And a. You must see to a that cu are notified o soon Advertising Injury Limit is the most we will pay as practicable of It "occurrence" or an offense under Coverage B for the sum of all damages which may result in a claim. To the extent because of all "personal injury' and "advertising possible, notice should include: Injury'sustained by any one person or organization. (1) How, when and where the "occurrence" or 6. Subject to Paragraph 2, or 3. above, whichever offense took place; applies, the Each Occurrence Limit is the most we (2) The names and addresses of any injured will pay for the sum of: persons and witnesses; and a. Damages under Coverage A; and (3) The nature and location of any Injury or b. Medical expenses under Coverage C; damage arising out of the "occurrence" or offense. because of all"bodily Injury' and`property damage" b. If a claim Is made or "suit" Is brought against arising out of any one"occurrence". any insured, you must: For the purposes of determining the applicable Each Occurrence Limit, all related acts or (1) Immediately record the specifics of the ornisslons committed In providing or failing to claim or"suit" and the date received; and provide first aid or "Good Samaritan services" to (2) Notify us as soon as practicable. any one person will be deemed to be one You must see to it that we receive written notice "occurrence". of the claim or"suit"as soon as practicable. 6. Subject to Paragraph 6, above, the Damage To c. You and any other Involved insured must: Premises Rented To You Limit is the most we will (1) Immediately send us copies of any pay under Coverage A for damages because of demands, notices, summonses or legal "premises damage" to any one premises. The Damage To Premises Rented To You Limit will be: papers received In connection with the claim or"suit"; CG T1 00 02 19 ®2017 The Travelers Indemnity Company.All rights reserved. Page 13 Of 21 Includes copyrighted material or Insurance services Office,Inc.wtlh its permission. POLICY NUMBER: P-630-7K939062-TIL-21 COMMERCIAL GENERAL LIABILITY (2) Authorize us to obtain records and other (iii) An executive officer or director of Information; any other organization; or (3) Cooperate with us In the Investigation or (iv) A trustee of any trust; settlement of the claim or defense against that Is your partner, joint venture the"suit";and member, manager or trustee; or i (4) Assist us, upon our request, in the enforcement of any right against any (b) Any employee authorized by such person or organization which may be liable partnership, Joint venture, limited to the Insured because of injury or damage liability company, trust or other to which this insurance may also apply. organization to give notice of an 'occurrence"or offense. d. No Insured will, except at that Insured's own (3) Notice to us of such "occurrence" or cost, voluntarily make a payment, assume any offense will be deemed to be given as soon obligation, or incur any expense, other than for as practicable If It is given in good faith as first aid,without our consent. soon as practicable to your workers' e. The following provisions apply to Paragraph a. compensation insurer. This applies only If above, but only for purposes of the Insurance you subsequently give notice to us of the provided under this Coverage Part to you or any "occurrence" or offense as soon as Insured listed In Paragraph 1.or 2. of Section II practicable after any of the persons —Who Is An insured: described in Paragraph e.(1) or (2) above discovers that the "occurrence" or offense (1) Notice to us of such "occurrence' or may result in sums to which the insurance offense must be given as soon as provided under this Coverage Part may practicable only after the "occurrence" or apply. offense Is known to you (if you are an However, if this policy Includes an endorsement Individuaq any of your partners or that provides limited coverage for"bodily Injury members who is an Individual (if you are a or "property damage" or pollution costs arising partnership or joint venture), any of your out of a discharge, release or escape of managers who Is an Individual (if you are a "pollutants" which contains a requirement that limited liability company), any of your the discharge, release or escape of"pollutants" 'execUlive officers" or directors (if you are must be reported to us within a specific number an organization other than a partnership, of days after Its abrupt commencement, this Joint venture, or limited liability company), Paragraph e.does not affect that requirement. any of your trustees who Is an individual (if you are a trust) or any "employee" 3. Legal Action Against Us authorized by you to give notice of an No person or organization has a right under this 'occurrence"or offense. Coverage Part: (2) If you are a partnership, joint venture, a. To join us as a party or otherwise bring us into limited Iiabllity company or trust, and none a"suit"asking for damages from an insured; or of your partners, joint venture members, b. To sue us on this Coverage Part unless all of managers or trustees are Individuals, notice Its terms have been fully compiled with. to us of such "occurrence" or offense must A person or organization may sue us to recover on be given as soon as practicable only after an agreed settlement or on a final judgment against the"occurrence"or offense Is known by: an insured; but we will not be liable for damages (a) Any Individual who is: that are not payable under the terms of this Coverage Part or that are In excess of the (1) A partner or member of any applicable limit of insurance. An agreed settlement partnership or joint venture; means a settlement and release of liability signed by (it) A manager of any limited liability us, the Insured, and the claimant or the claimant's company; legal representative. Page 14 of 21 ®2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material or Insurance Services office,Inc.with Its permission. • i i POLICY NUMBER: P-630-7K939062-TIL-21 COMMERCIAL GENERAL LIABILITY l 4. Otherinsurance (ii) That is Insurance for "premises If valid and collectible other Insurance Is available to damage"; the insured for a loss we cover under Coverages A (lit) If the loss arises out of the or B of this Coverage Part, our obligations are maintenance or use of aircraft, limited as described In Paragraphs a. and b. below. "autos" or watercraft to the extent As used anywhere in this Coverage Part, other not subject to any exclusion III this Insurance means Insurance, or the funding of Coverage Part that applies to losses,that Is provided by, through or on behalf of: aircraft,"autos' or watercraft; (iv) That Is Insurance available to a (i) Another Insurance company; premises owner, manager or III) Us or any of our affiliated insurance companies, lessor that qualifies as an Insured except when the Non cumulation of Each under Paragraph 4. of Section II — Occurrence Limit provision of Paragraph 6. of Who Is An Insured, except when Section III — Limits Of Insurance or the Non Paragraphs d. below applies; or cumulation of Personal and Advertising Injury Limit provision of Paragraph 4. of Section III — (v) Thal is Insurance available to an Limits of Insurance applies because the equipment lessor that qualifies o Amendment — Non Cumulation Of Each an insured under Paragraph 5. off Occurrence Limit Of Liability And Non Section except II — Who I An Insured, except Cumulation Of Personal And Advertising Injury e when Paragraph d, below applies. Limit endorsement is included in this policy; (b) Any of the other insurance, whether (iii)Any risk retention group; or primary, excess, contingent or on any (iv)Any self-insurance method or program, in other basis, that Is available to the which case the Insured will be deemed to be Insured when the Insured Is an the provider of other Insurance. additional insured, or is any other Other insurance does not Include umbrella insured that does not qualify as a insurance, or excess Insurance, that was bought named Insured, under such other specifically to apply in excess of the Limits of Insurance. Insurance shown in the Declarations of this (2) When this insurance Is excess, we will Coverage Part. have no duty under Coverages A or B to As used anywhere in this Coverage Part, other defend the Insured against any"suit* if any insurer means a provider of other Insurance. As other Insurer has a duty to defend the insured against that "suite If no other used In Paragraph c. below, Insurer means a insurer defends,we will undertake to do so, provider of Insurance. but we will be entitled to the insured's rights a. Primary Insurance against all those other Insurers. This insurance Is primary except when (3) When this Insurance Is excess over other Paragraph b. below applies. If this insurance Is Insurance, we will pay only our share of the primary, our obligations are not affected unless amount of the loss, if any, that exceeds the any of the other Insurance is also primary. sum of: Then, we will share with all that other insurance (a) The total amount that all such other by the method described in Paragraph c. below, Insurance would pay for the loss in the except when Paragraph d. below applies, absence of this Insurance;and b. Excess Insurance (b) The total of all deductible and self- insured amounts under all that other (1) This Insurance is excess over: insurance. (a) Any of the other Insurance, whether (4) We will share the remaining loss, if any, primary, excess, contingent or on any with any other Insurance that Is not other basis: described In this Excess Insurance provislon and was not bought specifically to (i) That Is Fire, Extended Coverage, apply in excess of the Limits of Insurance Builder's Risk, Installation Risk or shown In the Declarations of this Coverage similar coverage for"your work"; pad CG T1 00 02 19 02017 The Travelers Indemnity Company.All rights reserved. Page 15 of 21 Includes copyrighted material of Insurance Services Office,Inc.with fis permission. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: P-630-7K939062-TIL-21 I i c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each Insurer contributes representations you made to us; and equal amounts until it has paid Its applicable c, We have issued this policy In reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other Insurance does not permit In, any information provided by you which we relied ` contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurefs rights under this Insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of Insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all Insurers. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or Except with respect 10 the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned In this Insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- Insurance applies: contributory basis, this insurance Is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such Insured as a named Insured, and we will not share with that other insurance, b. Separately to each Insured against whom claim provided that: is made or"suit'Is brought. (1) The "bodily injury' or"property damage"for 8. Transfer Of Rights Of Recovery Against Others which coverage Is sought occurs; and To Us (2) The "personal and advertising Injury' for If the insured has rights to recover all or part of any which coverage Is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must subsequent to the signing of that contract or do nothing after loss to impair them.At our request, agreement by you. the Insured will bring 'suit' or transfer those rights to us and help us enforce them. 6. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part In accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown In this Coverage Part as the Declarations written notice of the nonrenewal advance premium Is a deposit premium only.Al not less than 30 days before the expiration dale. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date for audit and retrospective premiums Is the date SECTION V—DEFINITIONS shown as the due date on the bill. If the sum of 1. "Advertisement' means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published Include material the Information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that Is about your goods, products or services By accepting this policy,you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 ®2017 The Travelers Indemnity Company.AD rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Oaks,Inc.wHh Its permission. POLICY NUMBER: P-630-7K939062-TIL-21 COMMERCIAL GENERAL LIABILITY i I 2. "Advertising injury": b. In, by or with any other electronic means of communication, such as the Internet, if that a. Means Injury caused by one or more of the I following offenses: material is part of: (1) Oral or written publication, Including (1) Radio or television programming being publication by electronic means, of material transmitted; In your "advertisement" that slanders or (2) Other entertainment, educational, libels a person or organization or d instructional, music or news programming disparages a person's or organization's being transmitted;or goods, products or services, provided that the claim is made or the"suit"is brought by (3) Advertising transmitted with any of such a person or organization that claims to have programming. been slandered or libeled, or that claims l0 6. "Coverage territory means: have had its goods, products or services disparaged; a. The United States of America (including its (2) Oral or written publication, Including territories and possessions), Puerto Rico and publication by electronic means, of material Canada; in your"advertisement"that: b. International waters or airspace, but only If the (a) Appropriates a person's name, voice, Injury or damage occurs in the course of travel photograph or likeness; or or transportation between any places Included (b) Unreasonably places a person in a in Paragraph a.above; or false light; or c. All other parts of the world if the Injury or (3) Infringement of copyright, "tale" or"slogan" damage arises out of: in your "advertisement", provided that the (1) Goods or products made or sold by you in claim is made or the "still" Is brought by a the territory described in Paragraph a. person or organization that claims above; ownership of such copyright, "title" or "slogan" (2) The activities of a person whose home is in In caused b one or more the territory described In Paragraph a. b. Includes "bodily jury y above, bUl is away for a short time on your of the offenses described in Paragraph a. business; or above. 3. 'Auto"means: (3) "Personal and advertising Injury" offenses that take place through the Internet or a. A land motor vehicle, trailer or semitrailer similar electronic means of communication; designed for travel on pudic roads, Including provided the Insured's responsibility to pay any attached machinery or equipment; or damages is determined in a "suit" on the merits In b. Any other land vehicle that is subject to a the territory described in Paragraph a,above, or in a compulsory or financial responsibility law, or settlement we agree to. other motor vehicle Insurance law, where it is licensed or principally garaged. 7. "Electronic data" means Information, facts or However, "auto' does not include "mobile programs stored as or on, created or used on, or equipment". transmitted to or from computer software (including systems and applications software), hard or floppy 4. "Bodily injury' means: disks, CD-ROMs, tapes, drives, cells, data a. Physical harm, Including sickness or disease, processing devices or any other media which are sustained by a person; or used with electronically controlled equipment. b. Mental anguish, Injury or illness, or emotional 8. 'Employee" Includes a "leased worker'. "Employee" distress, resulting at any time from such does not Include a"temporary worker'. physical harm,sickness or disease. 9. "Executive officer" means a person holding any of 6. "Broadcasting" means transmitting any audio or the officer positions created by your charter, visual material for any purpose: constitution, bylaws or any other similar governing a. By radio or television;or document. CG T1 00 0219 02017 The Travelers Indemnity Company.All rights reserved. Page 17 of 21 Includes copyrighted material or Insurance Services OIAce, Inc.with Its permission. i COMMERCIAL GENERAL LIABILITY POLICY NUMBER: P-630-7K939062-TIL-21 t 10. "Good Samaritan services" means any emergency tracks, roadbeds, tunnel, underpass or medical services for which no compensation is crossing; demanded or received. (2) That indemnifies an architect, engineer or 11. "Hostile fire" means a fire which becomes surveyor for Injury or damage arising out of: j uncontrollable or breaks out from where it was (a) Preparing, approving, or failing to intended to be. prepare or approve, maps, shop 12. "Impaired property' means tangible property, other drawings, opinions, reports, surveys, than "your product" or "your work", that cannot be field orders, change orders or drawings used or is less useful because: and specifications;or a. It Incorporates "your product" or "your work" (b) Giving directions or instructions, or that is known or thought to be defective, failing to give them, If that Is the deficient, inadequate or dangerous; or primary cause of the Injury or damage; i b. You have failed to fulfill the terms of a contract or or agreement; (3) Under which the Insured, If an architect, If such property can be restored to use by the engineer or surveyor, assumes liability for repair, replacement, adjustment or removal of "your an Injury or damage arising out of the product" or"your work' or your fulfilling the terms of insured's rendering or failure to render the contract or agreement. professional services, Including those listed In Paragraph (2) above and supervisory, 13. "Insured contract"means: Inspection, architectural or engineering a. A contract for a lease of premises. However, activities. that portion of the contract for a lease of 14. "Leased worker" means a person leased to you by a premises that Indemnifies any person or labor leasing firm under an agreement between you organization for "premises damage" is not an and the labor leasing firm, to perform duties related "Insured contract"; to the conduct of your business. "Leased worker' b. A sidetrack agreement; does not include a"temporary worker". c. Any easement or license agreement, except in 16, "Loading or unloading" means the handling of connection with construction or demolition property operations on or within 50 feet of a railroad; a. After it Is moved from the place where It Is d, An obligation, as required by ordinance, to accepted for movement Into or onto an aircraft, indemnify a municipality, except in connection watercraft or"auto"; with work for a municipality; b. While it is in or on an aircraft, watercraft or e. An elevator maintenance agreement; "auto'; or f. That part of any other contract or agreement c. While It Is being moved from an aircraft, pertaining to your business (Including an watercraft or "auto" to the place where it Is Indemnification of a municipality in connection finally delivered; with work performed for a municipality) under but 'loading or unloading" does not include the which you assume the tort liability of another movement of property by means of a mechanical party to pay for "bodlly Injury", "property device, other than a hand truck, that is not attached damage" or "personal Injury" to a third person to the aircraft,watercraft or"auto". or organization. Tort liability means a liability 16. "Mobile equipment' means any of the following that would be Imposed by law In the absence of types of land vehicles, Including any attached any contract or agreement. machinery or equipment: Paragraph f. does not include that part of any a. Bulldozers, farm machinery, forklifts and other contract or agreement: vehicles designed for use principally off public (1) That Indemnifies a railroad for "bodily roads; injury' or "property damage" arising out of b. Vehicles maintained for use solely on or next to construction or demolition operations, premises you own or rent; within 50 feet of any railroad property and affecting any railroad bridge or trestle, c. Vehicles that travel on crawler treads; Page 18 of 21 O 2017 The Travelers Indemnity company.All rights reserved. CG T1 00 02 19 Includes copyrighted materlal of Insurance Services Office, Inc.with its permission. i i POLICY NUMBER: P-630-7K939062-TIL-21 COMMERCIAL GENERAL LIABILITY d. Vehicles, whether self-propelled or not, b. An act or omission committed In providing or maintained primarily to provide mobility to falling to provide first aid or "Good Samaritan permanently mounted: services" to a person, unless you are In the (1) Power cranes, shovels, loaders, diggers or business or occupation of providing drills; or professional health care services. (2) Road construction or resurfacing 18. "Personal and advertising injury' means "personal equipment such as graders, scrapers or Injury" or"advertising injury'. rollers; 19. "Personal Injury': e. Vehicles not described In Paragraph a., b., c. or d, above that are not self-propelled and are a. Means Injury, other than "advertising Injury', maintained primarily to provide mobility to caused by one or more of the following permanently attached equipment of the offenses: following types: (1) False arrest,detention or imprisonment; (1) Air compressors, pumps and generators, Including spraying, welding, building (2) Malicious prosecution; cleaning, geophysical exploration, lighting (3) The wrongful eviction from, wrongful entry and well servicing equipment;or Into, or invasion of the right of private (2) Cherry pickers and similar devices used to occupancy of a room, dwelling or premises raise or lower workers; that a person occupies, provided that the f. Vehicles not described in Paragraph a., b., c. wrongful eviction,wrongful entry or invasion or d. above maintained primarily for purposes of the right of private occupancy is other than the transportation of persons or committed by or on behalf of the owner, cargo. landlord or lessor of that room, dwelling or However, self-propelled vehicles with the premises; following types of permanently attached (4) Oral or written publication, including equipment are not "mobile equipment" but will publication by electronic means, of material be considered"autos": that slanders or libels a person or (1) Equipment designed primarilyfor: organization or disparages a person's or organization's goods, products or services, (a) Snow removal; provided that the claim Is made or the"suit" (b) Road maintenance, but not is brought by a person or organization that construction or resurfacing; or claims to have been slandered or libeled,or (c) Street cleaning; that claims to have had Its goods, products (2) Cherry pickers and similar devices or services disparaged;or mounted on automobile or truck chassis (6) Oral or written publication, including and used to raise or lower workers; and publication by electronic means, of material (3) Air compressors, pumps and generators, that: Including spraying, welding, building (a) Appropriates a person's name, voice, cleaning, geophysical exploration, lighting photograph or likeness; or and well servicing equipment. However, "mobile equipment" does not Include any {b) Unreasonably places a person in a land vehicle that Is subject to a compulsory or false light. financial responsibility law, or other motor vehicle b. Includes "bodily injury' caused by one or more Insurance law, where it is licensed or principally of the offenses described In Paragraph a. garaged. Such land vehicles are considered above. "autos". 20. "Pollutants" mean any solid, liquid, gaseous or 17. "Occurrence"means: thermal Irritant or contaminant, Including smoke, a. An accident, including continuous or repeated vapor, soot, fumes, acids, alkalis, chemicals and exposure to substantially the same general waste. Waste includes materials to be recycled, harmful conditions; or reconditioned or reclaimed. CG T1 00 02 19 ®2017 The Travelers Indemnify Company.All rlghts reserved. Page 19 of 21 Includes copyrighted material of Insurance services Office,Inc.vAth Its permission. • I COMMERCIAL GENERAL LIABILITY POLICY NUMBER: P-630-7K939062-TIL-21 21. "Premises damage' means: contract calls for work at more than a. With respect to the first paragraph of the one Job site. exceptions In Exclusion J. of Section I — (c) When that part of the work done at a Coverage A — Bodily Injury And Properly job site has been put to its Intended Damage Liability, "property damage" to any use by any person or organization other premises while rented to you for a period of than another contractor or seven or fewer consecutive days, Including the subcontractor working on the same contents of such premises; or project. b. With respect to the exception to Exclusions C. Work that may need service, maintenance, through n. in the last paragraph of Paragraph 2. correction, repair or replacement, but which of Section I — Coverage A — Bodily Injury And Is otherwise complete, will be treated as Property Damage Liability,"property damage'to completed. any premises while rented to you for a period of more than seven consecutive days, or while b. Does not include "bodily Injury' or "property temporarily occupied by you with permission of damage" arising out of the owner, caused by: (1) The transportation of property, unless the (1) Fire; injury or damage arises out of a condition In or on a vehicle not owned or operated by (2) Explosion; you, and that condition was created by the (3) Lightning; "loading or unloading" of that vehicle by any (4) Smoke resulting from fire, explosion or Insured; lightning; or (2) The existence of fools, unlnstalled (5) Water. equipment or abandoned or unused But "premises damage' under this Paragraph materials; or b. does not include "property damage" to any (3) Products or operations for which the premises caused by: classification, listed in the Declarations or 1 Rupture, bursting, or operation of pressure in a policy Schedule, stales that products- ( ) W p completed operations are subject to the relief devices; General Aggregate Limit. (2) Rupture or bursting due to expansion or 23. "Property damage' means: swelling of the contents of any building or structure caused by or resulting from water; a. Physical injury to tangible property, Including all or resulting loss of use of that property. All such loss of use will be deemed to occur at the time of (3) Explosion of steam boilers, steam pipes, the physical Injury that caused It; or steam engines or steam turbines. b. Loss of use of tangible property that is not 22. "Products-completed operations hazard": physically Injured. All such loss of use will be a. Includes all "bodily in and "property deemed to occur at the time of the "occurrence" y NN that caused it. damage" occurring away from premises you own or rent and arising out of"your product" or For the purposes of this insurance,"electronic data" "your work"except: Is not tangible property. (1) Products that are still In your physical 24. "Slogan": possession; or a. Means a phrase that others use for the purpose (2) Work that has not yet been completed or of attracting attention in their advertising. abandoned. However, "your work" will be b. Does not Include a phrase used as, or in, the deemed completed at the earliest of the name of: following times: (1) Any person or organization, other than you, (a) When all of the work called for In your or contract has been completed. (2) Any business, or any of the premises, (b) When all of the work to be done at the goods, products, services or work, of any job site has been completed if your person or organization,other than you. Page 20 of 21 ®2017 The Travelers Indemnify Company.All lights reserved. CG T1 00 02 19 Includes copyrighled material or Insurance Services Office, Inc,with Its permission. POLICY NUMBER: P-630-7K939062-TIL-21 ' COMMERCIAL GENERAL LIABILITY i I 25. "Suit" means a civil proceeding in which damages (a) You; because of "bodily Injury', "property damage" or (b) Others trading under your name;or "personal and advertising Injury' to which this Insurance applies are alleged. "Suit" includes: (c) A person or organization whose business or assets you have acquired; a. An arbitration proceeding In which such and damages are claimed and to which the insured (2) Containers (other than vehicles), materials, must submit or does submit with our consent; pads or equipment furnished In connection or with such goods or products. b. Any other alternative dispute resolution b. Includes: proceeding in which such damages are claimed and to which the insured submits with our (1) Warranties or representations made at any consent. time with respect to the fitness, quality, durability, performance or use of "your 26. "Temporary worker" means a person who Is product"; and furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- (2) The providing of or failure to provide term workload conditions. warnings or Instructions. 27. "Title"means a name of a literary or artistic work. c. Does not Include vending machines or other properly rented to or located for the use of 28. 'Unsolicited communication" means any others but not sold. communication, In any farm, that the recipient of such communication did not specifically request to 31. 'Your work': receive. a. Means: 29. "Volunteer worker' means a person who is not your (1) Work or operations performed by you or on "employee", and who donates his or her work and your behalf;and acts at the direction of and within the scope of (2) Materials, parts or equipment furnished in duties determined by you, and is not paid a fee, connection with such work or operations. salary or other compensation by you or anyone else for their work performed for you. b. Includes: 30. "Your product": (1) Warranties or representations made at any time with respect to the fitness, quality, a. Means: durability, performance or use of "your (1) Any goods or products, other than real work"; and property, manufactured, soli, handled, (2) The providing of or failure to provide distributed or disposed of by: warnings or instructions. CG Tt 00 02 19 ®2017 The Travelers Indemnity Company.All rights reserved. Page 21 of 21 Includes copyrighted material or Insurance services OR,% Inc.Win Its permission. TRAVELERS JW WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY i HARTFORD CT 06183 ENDORSEMENT WC 99 03 76( A) - 001 POLICY NUMBER: UB-7K940269-21-43-G 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 j enforce air right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 2.00 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE: 05-20-21 ST ASSIGN: Page I of 1 i POLICY NUMBER:P-630-7K939062-TIL-21 COMMERCIAL GENERAL LIABILITY ISSUE DATE:05-20-2021 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSlCOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Whereby required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph S. Transfer Of damage arising out of your ongoing operations or Rights Of Recovery Against Others To Us of "your work" done under a contract with that person SectlonIV—Conditions: or organization and included In the "products- We waive any right of recovery we may have against completed operations hazard". This waiver applies the person or organization shown in the Schedule only to the person or organization shown in the above because of payments we make for injury or Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc,., 2008 Page 1 of 1