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HomeMy WebLinkAboutKillingsworth Gear, Inc. - 2023-07-01 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND KILLINGSWORTH GEAR,INC. FOR INDUSTRIAL MECHANICAL, ENGINE& GEAR REPAIR THIS AGREEMENT("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California,hereinafter called"City,"and Killingsworth Gear, Inc.,hereinafter referred to as"Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of Industrial Mechanical,Engine and Gear Repair. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. 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. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit"A,"which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the"Project." Contractor hereby designates Norma Sullivan,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. 23-13010/315223 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services,the rates and charges identified in Exhibit"B." The total sum to be expended under this Agreement, shall not exceed Four Hundred Thousand Dollars ($400,000.00) during the term of this Agreement. Additional services required by other divisions and/or departments shall not count towards the Public Works Utilities Division not to exceed amount. b. Payment by City shall be made within thirty(30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence July 1, 2023, or as soon as practicable after the execution of this Agreement by City (the "Commencement Date") and terminate three (3) years from Commencement Date,unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A" are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit"A," Contractor will undertake such work only after receiving written`authorization from City. Additionai''compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. 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, date or programs,maps,memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 23-13010/315223 2 7. 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 any 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 maybe 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 Contractor's 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. 8. 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 employer's 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. 9. General Liability 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 of general 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 Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily 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, 23-13010/315223 3 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. 10. Automobile Liability 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 ($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 and 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. 11. 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 carrying the foregoing insurance coverage shall not derogate from Contractor's defense,hold harmless and indemnification obligations as set forth in 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. 23-13010/315223 4 12. 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. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect,which would conflict in any mariner with performance of services specified under this Agreement. 14. 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. 15. 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, orally or otherwise, have been made by any party, or anyone acting on behalf of any party,which are not embodied herein. 23-13010/315223 5 16. 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. 17. City Employees 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. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent(as designated in Section 1 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 �—5 receipt requested: To City: Contractor: City of Huntington Beach Killingsworth Gear, Inc. Attn: Director of Public Works Attn:Norma Sullivan 2000 Main Street 11200 W. Whitebridge Avenue Huntington Beach, CA 92648 Fresno, CA 93706 19. 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. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23-13010/315223 6 21. Section Headings The 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. 22. 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. 23. 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. 24. 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. 25. 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 Huntington Beach City Charter Section 309,the City Attorney is the exclusive legal counsel for City; 23-13010/315223 7 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality 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. 27. 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. 28. Jurisdiction—Venue This 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 County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. 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. 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. 23-13010/315223 8 30. Attorney's 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. 31. Survival Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. 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. .34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's 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. j 23-13010/315223 9 35. 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 HUNTINGTON BEACH, a KILLINGSWORTH GEAR, INC. municipal corporation of the State of California By: 1\10 e nu ft ve,r, Mayor Print name edh4•714.444) • cle one) Chairman/President/ Vice President City Clerk FP0/23 AND By: \ocm ,J 't 'voji INI I AN APPROVED: Print e ITS: (circle one Secretary Chief Financial Officer/Asst. Secretary-Treasurer Dire tor f Public Works APPROVED TO FORM: City Attorney REVIE AND APPROV'D: City Nnagel4 23-13010/315223 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) 1. Full service inspection, repairs and replacement of industrial mechanical parts, engines, electrical components and gears. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: 23-13010/315223 11 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: "SEE ATTACHED EXHIBIT B" B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance,the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions.of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall 'approve the invoice, in which event payment shall be made within'thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set 23-13010/315223 12 forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been ' brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 23-13010/315223 13 EXHIBIT B INDUSTRIAL MECHANICAL,-ENGINE,ELECTRICAL Al)GEAR REPAIR SHEETS Firm Name: Killingsworth-Geari Inc. Date: 04/26/2023 Instructions for completing Bid Sheet:. . 1. Complete Bid Sheet and.enter pricing for ONLY those services your firm can provide, 2.Attach and include in your submittal,only those bid 4he6ts you.are quoting. 3.If.applicable.attach a current rate sheet/fee schedule.and iriblude With your sUbmittal. 4.Fill in your name above and the boxes below;circle$or%sign for film:Imp.List • certifications arid equipment model numbers,if applicable. . 5:List additional Manufacturers and their equipment model numbers,.if any. rum NORMAL BUSINESS HOURS Labor hourly rate $. .165.00- . Materials markup $or% • 35 MANUFACTURER VENDOR/FACTORY EQUIPMENT/MODEL (Circle any:manufacturer you CERTIFIED NUMBERS are espercienced.in) (YES/NO) (List model numbers,if any) Amarillo Yes ALL • Arrow Baldor Caterpillar . Yes ALL Generac Johnson Yes . ALL • 'Kohler elphia 'Yes -'ALL • US Motors Waukesha 1,,`( 'F ) ® DATE(MM/DD/YYYY) ARE) CERTIFICATE OF LIABILITY INSURANCE 07/31/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kaitlin Randolph CISR NAME: James G.Parker Insurance PHONE (559)222-7722 FAX (559)222-1724 (A/C.No,Eel): (A/C,NO: License#0554959 E-MAIL krandolph@jgparker.com ADDRESS: PO Box 3947 INSURER(S)AFFORDING COVERAGE NAIC S Fresno CA 93650 INSURERA: Great American E&S Insurance Co 37532 INSURED INSURER B: Stale Compensation Ins Fund 35076 Killingsworth Gear Inc INSURER C: 11200 W Whitesbridge INSURER D: INSURER E: Kerman CA 93706 INSURER F: COVERAGES CERTIFICATE NUMBER: 23-24 GL EX WC 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 ADDL SUER POLICY EFF POLICY EXP TYPE OF INSURANCE LTRINSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) S 100,000 MED EXP(Any one person) $ 5,000 A PLF044680 06/12/2023 06/12/2024 PERSONAL&ADV INJURY S 1,000,000 GENLAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 X POLICY JECT PRO- LOC PRODUCTS-COMP/OPAGG S 2.000,000 OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S (Ea accident) ANY AUTO BODILY INJURY(Per person) S - OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY _ AUTOS HIRED NON-OWNED PROPERTY DAMAGE S AUTOS ONLY _ AUTOS ONLY (Per accident) S X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS-MADE XSE73160902 06/12/2023 06/12/2024 AGGREGATE 5 2,000,000 DED RETENTION S S WORKERS COMPENSATION ss/ PER AND EMPLOYERS'LIABILITY STATUTE ER YIN 1,000,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE Y NIA 9063912-2023 06/09/2023 06/09/2024 E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE 5 1,000,000 If yes,describe under 1000,000 DESCRIPTION OF OPERATIONS below Et DISEASE-POLICY LIMIT S , DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) APPROVED AS TO FORM MICHAEL E. GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 X� t4 eiL-NV- I ((((vffff ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ACORD® DATE(MM/DD/YYYY) `...� CERTIFICATE OF LIABILITY INSURANCE 07/31/2023 • '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 AFFORDEO;BYTHE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTEA CONTRACT BETW EEN THE ISSUING INSURER(S), • AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(Ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer.rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Sarah Steen • Sarah Steen(95452GC). PHONE FAX 150 Clovis Ave Ste 104 (A/C,NO,EXT):559-500-4245 (A/C,No):559-344-2221 • E-MAIL Clovis CA 93612-1166 ADDRESS: ssteen®farmersagent.com 1NSURER(S)AFFORDING COVERAGE NAIL INSURED INSURER A: Truck Insurance Exchange 21709 INSURER B: Farmers Insurance'Exchange • 21652 KILLINGSWORTH GEAR INC INSURERC: Mid Century Insurance Company 21687 PO BOX 247 INSURER D: INSURER E: KERMAN CA 93630 • INSURER F: COVERAGES, CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POUCY PERIOD INDICATED.NOTWITHSTANDING ANY •REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS,EXCLUSIONSAND CONDITIONS OF SUCH•POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOFINSURANCE ADDTL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS • LTR INSD WVD (MM/DD/YYYY) (MM/OD/YYYY) • COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea Occurrence) MEDEXP(Anyoneperson) $ • ,PERSONAL BEADY INJURY $ GEM.AGGREGATELIMITAPPLIESPER: GENERAL AGGREGATE $ POLICY'n PROJECT El LOC PRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY.(Perperson) $ C OWNED AUTOS v •SCHEDULED • BODILY INJURY(Peraccident)$ ONLY /_� AUTOS Y N 606683262 08/19/2023 08/19/2024 X HIRED AUTOS X NON:OWNED PROPERTY DAMAGE $ ( ONLY AUTOS ONLY (Per accident) $ i, UMBRELLALIAB - OCCUR EACH OCCURRENCE $ EXCESS MAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTHER $' AND EMPLOYERS'LIABILITY STATUTE ANY PROPRIETOR/PARTNER/ Y/N N/A E.LEACHACCIDENT $ EXECUTIVE OFFICER/MEMBER E.LDISFASE-FAEhAPLOYEE' f EXCLUDED?(Mandatory In NH) • If yes,describe under DESCRIPTION OF OPERATIONSbel6w E.L DISEASE-.POLICYLIMIT $ • DESCRIPTIONOF OPERATIONS/LOCATIONS/VEHICLES(ACORD'101,Additional Remarks Schedule,maybe attached if more space is required) CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON BEACH. SHOULD'ANY OFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION 2000 MAIN ST DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE�� WITH THE POLICY.PROVISIONS.. AUTHORIZED REPRESENTATIVE SL V LGIL HUNTINGTON BEACH CA 92648 • ACORD25(2016/03) ©1988-2015 ACORD CORPORATION.All Rights Reserved tLFU44b 5U Great American Lz insurance uompany CG 20 26 (Ed. 12/19) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED 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 officals, employees, agents&volunteers 2000 Main Street Huntington Beach, CA 92648 Information required to complete this Schedule, If not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s)or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" caused, In whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional Insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the Additional Insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of Insurance. ©Insurance Services Office, Inc., 2018 CG 20 26 (Ed. 12/19) (Page 1 of 1) 1- .t-U44btiU treat American ktS&s insurance company RSG 7268(Ed.01/23) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. SPECIALTY PLUS ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This is a summary of the various additional coverages and coverage modifications provided by this endorsement For complete details on specific coverages,consult the Policy'wording. Coverage Limit of Insurance Page Non-Owned Aircraft Included 2 Non-Owned Watercraft Included 2 Medical Payments Increased Limits $20,000 2 Who Is An Insured: Broadened Named Insured Included 3 Who Is An Insured:Fellow Employee Included 3 Who Is An Insured: Newly Formed or Acquired Organizations Included 3 Knowledge of Occurrence, Claim,or Suit included 4 Unintentional Errors or Omissions Included 4 Personal and Advertising.Injury Amendment of Discrimination or Humiliation included 4 Incidental Malpractice Liability included 4 Additional Insured:Owners, Lessees,,or Contractors Included 5 Additional Insured: Managers or Lessors of Premises Included 6 Additional insured:Vendors Included 7 Additional Insured: Primary and Non-Contributory Extension Included 8 Damage to Premises Rented to You(Fire, Lightning,or"Explosion") $600,000 8 Waiver of Subrogation Included 9 Property Damage—Elevators included 9 Contractual Liability for Railroad Exposures included 10 Supplementary Payments:Bail Bonds $2,500 10 Supplementary Payments: Loss of Earnings $500 10 Amended Bodily Injury Definition Included 10 RSG 7268(Ed.01/23) (Page 1 of 10) E'LI-u44tidU Great American tlha insurance company A. Non-Owned Aircraft Under paragraph 2. Exclusions of SECTION I—COVERAGES, Coverage A.-Bodily Injury and Property Damage Liability, exclusion g.Aircraft,Auto or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired,chartered,or loaned with a trained paid crew; 3. the pilot In command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating him or her a commercial or airline pilot;and 4. it is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the Insured other valid and collectible insurance,whether primary,excess(other than insurance written to apply specifically in excess of this Policy), contingent,or on any other basis,that would also apply to the loss covered under this provision. B. • Non-Owned Watercraft Under paragraph 2. Exclusions of SECTION I COVERAGES, Coverage A-Bodily Injury and Property Damage Liability, subparagraph(2)of exclusion g.Aircraft,Auto or Watercraft•is replaced by the following: (2) a watercraft you do not own that is: (a) less than 55 feet long;and (b) not being used to carry persons or property for a charge. However,the insurance afforded by this provision does not apply to watercraft 27 to 55 feet long if there Is available to the Insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this Policy), contingent, or on any other basis,that would also apply to the loss covered under this provision. C. Medical Payments Increased Limits Unless Coverage C-Medical Payments,or exclusion f.Products-Completed Operations Hazard under paragraph 2. Exclusions of Coverage C-Medical Payments has been excluded from this Policy,the following applies: 1. Under paragraph 2. Exclusions of SECTION I -COVERAGES, Coverage C Medical Payments, exclusion f. Products-Completed Operations Hazard is replaced by the following: f. Products-Completed Operations Hazard Included within the"products-completed operations hazard". However,this exclusion does not apply to expenses for dental services. 2. The Medical Expense Limit in paragraph 7.of SECTION III -LIMITS OF INSURANCE is replaced by the following Medical Expense Limit: The Medical Expense Limit provided by this Policy shall be the greater of: a. $20,000;or b. the amount shown in the Declarations for Medical Expense Limit. RSG 7268(Ed.01/23) (Page 2 of 10). i'LI-U44btsU Great American t&5 insurance company This provision 7.is subject to all the terms of SECTION III-LIMITS OF INSURANCE. D. Who Is An Insured: Broadened Named Insured Under SECTION II-WHO IS AN INSURED,the following item 2.e. Is added: e. Any subsidiary, including a subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a Named Insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its Limits of Insurance. E. Who Is An insured: Fellow Employee The following is added to paragraph 2.a.(1)of SECTION II-WHO IS AN INSURED: Paragraph (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by a co-. . "employee"while in the course of his or her employment or performing duties related to the conduct of your business. However, none of these co "employees" are insureds for"bodily injury"or"personal and advertising injury"arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury",caused in whole or in part by their intoxication by liquor or controlled substances. Paragraph(a)and(b)above do not apply to"bodily injury"or"Personal and advertising injury"caused by an"employee" who is acting in a supervisory capacity for you. Supervisory:capacity as used herein means the "employee's" job responsibilities assigned by you,including the direct supervision"of'other"employees"of yours.However,none of these "employees"are Insureds for"bodily injury"or"personal and advertising injury"arising out of their willful conduct,which is defined as the purposeful or willful intent to cause"bodily injury"or"personal and advertising injury", caused in whole or In part by their intoxication by liquor or controlled substances. This coverage is excess over any other valid and collectible insurance available to your "employee" or "volunteer worker." F. Who Is An Insured: Newly Formed or Acquired Organizations Paragraph 3.of SECTION II-WHO IS AN INSURED is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. coverage under this provision is afforded only until the next occurring annual anniversary of the beginning of the policy period shown in the Declarations, or the end of the policy period,whichever is earlier; b. coverage A does not apply to"bodily injury"or"property damage"that occurred before you acquired or formed the organization; c. coverage B does not apply to"personal and advertising injury"arising out of an offense committed before you acquired or formed the organization; and d. records and descriptions of operations must be maintained by the first Named Insured. 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 or qualifies as an insured under this provision. RSG 7268(Ed.01/23) (Page 3 of 1,0) h'LI-L144WU Great American taz Insurance company G. Knowledge of Occurrence,Claim,or Suit Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 2. Duties in the Event of Occurrence,Offense,Claim or Suit: Knowledge of any"occurrence",claim,or"suit"by any agent,servant,or"employee"of the Named Insured does not in itself constitute knowledge by the Insured unless notice of such"occurrence", claim,or"suit"shall have been received by: a. you,if you are an individual; b. a partner,if you are a partnership;or c. an executive officer or insurance manager, if you are a corporation. H. Unintentional Errors or Omissions Under SECTION IV - COMMERCIAL GENERAL LIABiLiTY CONDITIONS, the following Is added to Condition 6. Representations: If you unintentionally fall to disclose any hazards existing at the inception date of this Policy,we will not deny coverage under this Coverage Form because of such failure. However,this does not affect our right to collect additional premium,exercise our right of cancellation or non-renewal, or enforce other legal rights based upon a material misrepresentation in response to a specific question in the application for this Policy. I. Personal and Advertising Injury Amendment of Discrimination or Humiliation Unless Coverage B -.Personal and Advertising Injury Liability is excluded from this Policy or does not apply, the following applies: Under the DEFINITIONS section, 14.Personal and Advertising Injury,subparagraph h.Is added: h. discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) not done intentionally by or at the direction of: (a). an insured;or (b) any"executive officer",director,stockholder, partner,or member of the Insured;and (2) not directly or indirectly related to the employment, prospective employment, or termination of employment of any person or persons by any insured. J. Incidental Malpractice Liability 1. SECTION II -WHO IS AN INSURED is amended by deleting item 2.a.(1)(d)in its entirety and replacing it with the following: (d) arising out of his or her providing or failing to provide.professional health care services. However,this exclusion does not apply to nurses,emergency medical technicians,or paramedics,who are employed by you to provide medical or paramedical services. RSG 7268(Ed. 01/23) (Page 4 of 10) PLru44btiu great American trks insurance uompany 2. For the purposes of this provision of this endorsement,under the DEFINITIONS section,paragraph 3.Bodily Injury is replaced by the following: 3. "Bodily Injury" means injury, sickness, disease, or"incidental medical malpractice" sustained by a person, including death of a person. "Bodily injury" also means mental anguish, mental injury, or shock if directly resulting from physical injury,sickness,or disease to that person. 3. The following definition is added to the DEFINITIONS section: "Incidental medical malpractice"means"bodily injury"arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician, or paramedic who is employed by you to provide such services provided you are not engaged in the business or occupation of providing any services referred to in this definition. K. Additional Insured 1. Owners, Lessees,or Contractors a. SECTION II-WHO IS AN INSURED is amended to include as an additional insured: (1) Any person or organization, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury"caused,in whole or in part, by: (a) your acts or omissions;or (b) the acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured. However: (a) the insurance afforded to such additional Insured only applies to the extent permitted by law;and (b) 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: (1) This Insurance does not apply to"bodily injury"or"property damage"occurring after: (a) 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 (b) 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 part of the same project. (2) The insurance provided to any additional insured does not apply to"bodily injury", "property damage", or "personal and advertising injury"arising out of an architect's,engineer's,or surveyor's rendering of or failure to render any professional services,including: (a) the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders,change orders,or drawings and specifications;or RSG 7268(Ed.01123) (Page 5 of 10) FLI-U441:MU ureat American tZSiS insurance uompany (b) supervisory,inspection, architectural,or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring,employment, training,or monitoring of others by that insured, if the"occurrence"which caused the"bodily injury"or"property damage",or the offense which caused the"personal and advertising injury", involved the rendering or the failure to render any professional services by or for you. c. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III - LIMITS OF INSURANCE: if coverage provided to the additional insured Is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1) required by the 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. 2. Managers or Lessors of Premises a. SECTION II-WHO IS AN.INSURED is amended to include as an additional insured: (1) Any person or organization, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance,or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any"occurrence"which takes place after you cease to be a tenant in that premises. (b) Structural alterations, new construction, or demolition operations performed by or on behalf of the person(s)or organization(s)shown In the Schedule. However: (a) The insurance afforded to such additional insured only applies,to the extent permitted by law; and (b) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured: b. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III - LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional Insured is the amount of Insurance: (1) required by the contract or agreement;or (2) available under the applicable Limits of Insurance; whichever is less. RSG 7268(Ed.01123) (Page 6 of 10) 1-'11-U44titiU ureat American ttk5 insurance company This endorsement shall not increase the applicable Limits of Insurance. 3. Vendors a. SECTION II-WHO IS AN INSURED is amended to include as an additional insured: (1) Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of"your products"which are distributed or sold in the regular course of the vendor's business. However: (a) the insurance afforded to such vendor only applies to the extent permitted by law; and (b) if coverage provided to the vendor is required by a contractor agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. b. With respect to the insurance afforded to these vendors,the following additional exclusions apply: (1) The insurance afforded the vendor does not apply to: (a) "bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement.This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) any express warranty unauthorized by you; (c) any physical or chemical change in the product made intentionally by the vendor; (d) repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) any failure to make such inspections,adjustments,tests,or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (t) demonstration, installation, servicing, or repair operations, except such operations at the vendor's premises in connection with the sale of the product; (g) products which,after'distribution or safe by you,have been labeled or relabeled,or used as a container, part,or ingredient of any other thing or substance, by or for the vendor;or (h) "bodily injury"of"property damage"arising out of the sole negligence of the vendor for its own acts or omissions of those of its employees or anyone else acting on its behalf. However,this exclusion does not apply to: (I) the exceptions contained in subparagraphs (d)or(f);or (II) such inspections, adjustments, tests, or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. • RSG 7268(Ed.01/23) (Page 7 of 10) hL-U44titSU tireat Rmencan ttx5 insurance company (2) This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient, part, or container entering into, accompanying, or containing such products. c. With respect to the insurance afforded to these vendors, the following is added to SECTION III - LIMITS OF INSURANCE: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is the most 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. 4. Primary and Non-Contributory Extension This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this Policy. Condition 4. Other Insurance of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to paragraph a. Primary Insurance: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. b. The following is added to paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured, does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance, whether primary, excess, contingent, or on any other basis, for which the additional insured has been added as an additional insured on other policies. L. Damage to Premises Rented to You If Damage to Premises Rented to You is not otherwise excluded from this Coverage Part: 1. The last paragraph of paragraph 2. Exclusions under SECTION I -COVERAGES, COVERAGE A - Bodily Injury and Property Damage Liability is deleted in its entirety and replaced by the following: RSG 7268 (Ed. 01/23) (Page 8 of 10) r'Lru44tituu ureat American ttst insurance company Exclusions c.through n.do not apply to damage by fire, lightning,or"explosion"to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Limit of Insurance applies to this coverage as described in SECTION ill-LIMITS OF INSURANCE. 2. Paragraph 6.Under SECTION III-LIMITS OF INSURANCE is deleted in its entirety and replaced by the following: 6. Subject to paragraph 5. above, the most we will pay under Coverage A for damages because of"property damage" to any one premises, while rented to you, or in the case of damage caused_ by fire, lightning, or "explosion",while rented to you or temporarily occupied by you with the permission of the owner, for all such damage caused by fire, lightning,or"explosion",proximately caused by the same event,whether such damage results from fire, lightning, or"explosion", or any combination of the three, is the higher of $500,000 or.the amount shown In the Declarations for the Damage to Premises Rented to You Limit. 3. Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, subsection 4. Other insurance, paragraph b. Excess Insurance, item (ii) of the Occurrence Form and item (ill) of the Claims-Made Form, where the words, Fire insurance, appear,they are changed to, insurance for fire, lightning,or"explosion". 4. As regards coverage provided by this provision L. Damage to Premises Rented to You, under the DEFINITIONS section, paragraph 9. Insured Contract,subparagraph a. is replaced with the following: a. a contract for a lease of premises. However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, or "explosion" to premises while rented to you or temporarily occupied by you with the permission of the owner is not an"insured contract." 5. As regards coverage provided by this provision L. Damage to Premises Rented to You,the following definition is added to the DEFINITIONS section: "Explosion"means a sudden release of expanding pressure accompanied by a noise,a bursting forth of material, and evidence of the scattering of debris to locations further than would have resulted by gravity alone. "Explosion"does not include any of the following: a. artificially generated electrical current, including electrical arcing,that disturbs electrical devices,appliances,or wires; b. rupture or bursting of water pipes; c. explosion of steam boilers,steam pipes,steam engines,or steam turbines owned or leased by you or operated under your control;or. d. rupture or bursting caused by centrifugal force. M. Waiver of Subrogation Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, subsection 8. Transfer of Rights of Recovery Against Others to Us,the following paragraph is added: If required by a written."insured contract"executed prior to the occurrence or offense,we waive our right of recovery we have against any person or organization named in.such"insured contract,"because of payments we make for injury or damage arising out of your ongoing operations or"your work"for that person or organization. N. Property Damage—Elevators 1. Under paragraph 2. Exclusions of SECTION I — COVERAGES, COVERAGE A - Bodily Injury and Property Damage Liability, subparagraphs (3) and(4)of exclusion j. Damage to Property do not apply if such "property damage"results from the use of elevators. RSG 7268(Ed.01/23) (Page 9 of 10) NL t-U44bt5U Great American teis insurance l ompany 2. The following is added to SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4. Other Insurance, paragraph b. Excess Insurance: The Insurance afforded by this provision of this endorsement its excess over any property insurance, whether primary, excess,contingent,or on any other basis. O. Contractual Liability for Railroad Exposures Under the DEFINITIONS section,paragraph 9.Insured Contract,subparagraph f.(1), is deleted in its entirety.. P. Supplementary Payments 1. in the Supplementary Payments-Coverages A and B provision, paragraph 1.b.Is replaced with: b. Up to$2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the; use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have to furnish these bonds. 2. In the Supplementary Payments-Coverages A and B provision, paragraph 1.d.is replaced by the following: d. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$500 a day because of time off work. Q. Amended Bodily Injury Definition Under the DEFINITIONS section,definition 3. Bodily injury is replaced by the following: 3. "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including death of a person. "Bodily injury"also means mental anguish,mental injury,or shock,if directly resulting from physical injury,sickness, or disease to that person. This endorsement does not change any other provision of the Policy. RSG 7268(Ed.01123) (Page 10 of 10)