Loading...
HomeMy WebLinkAboutStetson Engineers, Inc. - 2025-06-09 it . i I � PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF FIUNTINGTON BEACH AND STETSON ENGINEERS,INC. FOR PREPARATION OF PUBLIC HEALTH GOAL REPORT 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 referred to as "CITY,"and STETSON ENGINEERS, INC.,hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to prepare the Public Health Goal Report; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.Q3,relating to procurement of professional service contracts have been complied with;and CONSULTANT has been selected to perform these services, NOW,THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT 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." CONSULTANT hereby designates Yuan Yap 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 CONSULTANT in the performance of this Agreement, 25-16425/377606 1of12 3. TERM;TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on J .4n OP/ , 20 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one (1) year from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A," This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date,CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,a fee, including all costs and expenses, not to exceed Three Thousand Eight Hundred Dollars($3,800). 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," CONSULTANT 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. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 25-16425/377606 2 of 12 7. DISPOSITION OF PLANS,ESTIMATES AND OTHER DOCUMENTS CONSULTANT 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, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT 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. 8. HOLD HARMLESS A. • CONSULTANT 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 (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors,if any)negligent(or alleged negligent)performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT,its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY, CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT'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 limitation upon the amount of indemnification to be provided by CONSULTANT, B. To the extent that CONSULTANT performs"Design Professional Services"within the meaning of Civil Code Section 2782.8,then the following Hold Harmless provision applies in place of subsection A above: 25-f6425/377606 3 of 12 "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials,employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, . without limitation,costs and fees of litigation of every nature or liability of any kind or nature)to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However,notwithstanding the previous sentence,in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business,CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify,including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. 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 CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY;however an insurance 25-16425/377606 4 of 12 • policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or • replacements), B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason,CONSULTANT agrees to purchase an extended reporting provision of at least two (2)years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement, Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination, CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT 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; 25-16425/377606 5of12 B. state that the policy is currently in force; and C. shall 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. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. • The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT'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 g p g g copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT 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. CONSULTANT 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 CONSULTANT 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. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause,and whether or not the PROJECT is fully complete. Any termination of this Agreement by 25-16425/377606 6 of 12 • CITY shall be made in writing,notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall,at the option of CITY,become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned,delegated•or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove, 14. COPYRIGHTS/PATENTS • CITY shall own all rights to any patent or copyright on any work,item or material produced as a result of this Agreement. 15, CITY EMPLOYEES AND OFFICIALS CONSULTANT 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. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT'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 specified below. 25-1 642 5/3 7 7606 7 of 12 CITY and CONSULTANT 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 mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Stetson Engineers,Inc. ATTN: Director of Public Works ATTN: Yuen Yap 2000 Main Street 861 Village Oaks Drive, Suite 100 Huntington Beach, CA 92648 Covina, CA 91724 17. 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 transaction or event, 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. 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. 20. 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 25-I 6425/377606 8 of 12 I 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. 21. 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, 22. IMMIGRATION CONSULTANT 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. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT 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 25-16425/377604 9 of 12 scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter 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 CONSULTANT. 24. 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 nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall begoverned and construed in accordance with the laws of the g o State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and might 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. 28. ENTIRETY 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 25-1 642 5/3 77606 10 of 12 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. This Agreement, and the attached exhibits,contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. 25-16,125/377606 11 of 12 CONSULTANT, CITY OF HUNTINGTON BEACH, STETSON ENGINEERS,INC. a municipal corporation of the State of California ' By: J" « Director/Chief (IA- orstrant To HBMC§3.03.100) print name ITS: (circle or Chairman/Presid9ice President APPROVED AS TO FORM: AND ciLL, (.7., By: xtj/6 It City Attorney print name Date ITS: (circle o, S cretary/ !lief Financial Officer/Asst. Secretary—Treasu RECEIVE AND FILE: -----1(*‘16 rtV City Cerk -f Date IMPS' 25-16425/377606 12 of 12 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Prepare Public Health Goal Report B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Prepare the triennial PHG Report for the City's Water System. The triennial PHG Report will be prepared in accordance with California Health and Safety Code Section 11647(b) and Association of California Water Agencies(ACWA)guidance documents. Complete the triennial PHG Report for the City's Water System prior to the due date of July 1,2025. C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: • EXHIBIT A EXHIBIT "B" Payment Schedule(Fixed Fee Payment) I. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. $3,800 upon completion 2, Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall 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. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress 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 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. 4. 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. • I .A - 1 ,^'' ... ;s'TETENG=lt9 ``IiBt:iGtC` .4 t RL CERTIFICATE'OF LIABILITY INSURANCE. °�M,�,roQ ; 4,:.,,,..: . t311:6r20Z5 . THIS-CERTIFICATE:'IS'ISSUED AS AA MATTER OF INFORMATION ONLY•AND CONFERS NO RIGHTS•i.IPON,THE CERTiFICATE:HOLDER TH[S:: CERTIFICATE,DO.ES NOT AFFiRMATWELY'OR NEGATIVELY AMEND,.EXTENDD OR,ALTER:;THE COVERAGE AFFORDED BY THE POLICIES BELOW: THIS'CERTIFICATE OF:iNSURANCE DOES NOT CONSTITUTE-A CONTRACT BETWEEN`THE ISSUING INSURER(S}R'AUTHORIZED- REPRESENT.ATIVE.OR.PRODUCER,:.AND�THECERTIFICATE HOLDER. IMPORTANT: If the certi• ficate holder Is an ADDITIONAi:INSURED;thetpolicy(tes)must haveADDITIONAL:INiSURED;provisions:or.be endorsed: If EtIEROOATION.IS:WAIVED, subject Mahe terms.and conditions°;of the:policy,certain policies may re"qulre'an endorsement. A statement:on • this'certificate•does notcanfer rights•to the certificate hoidar hi ilea of such.endorsement(s), . ,;'_License#•0D01900 .g2ap. T'Rhonda Buck ... ..... • PRi1DUCER;: .._....... •• NAME: : GDt'InsuranceAgeticy Inc :PHONE; ..:; ' . ., •' 888 420.9fr, . Fix 801'Gear Roatl twc.No,Eri}.{ }'.. {Arc:Nod:. .. Turlock,CA953.80; M EA•OMoAk •Rhoonda:Buckt gdiinsiceim: INsuREt(sS'AFFOECiiic'COVERAGGE ;NAICi$.. • .. . :INSURERA The:Hanover`Insurance,Group •002225 .. . • INSURED :iNSuAER B:MaSsachUSettS.BaV Insurance Companvv 230..6; .. INSUiidieb`:U.S:.Special y Insurance Co .29599, Stetstiti Engi'n'erit ;Inc. ty 2171 E.Francisco Blvd,=Ste.K 'iEisuREl ).:. • :Sari Rafael,,CA 94901 .. . • :INsuRERt r .. . i INSiIRER'F':, - COVERAGES .. CE'i" ' 'ATE NUMBER:: . . . ... .... ... . .REVISION NUMBERt' THIS:IS TO;CERTIOY THAT THE POLICIES.":OF INSURANCE LISTED:BELOWHAVE BEEN:ISSUEDTO•THE INSURED NAMED:ABOVE.•FOR::iNE POLICY PERIIOD ' :INDICATED,:: NG . NOTWITHSTAN9IANY.REQUIREMENT.TERM OR CONDITION OI•''ANY CONTRACTOR OTHER.POCUMENT WITH.RESPEGTTO-WHICH THIS' CERTIFICATE`.MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED:SY_THE POLICIES DESCSIBED HEREIN;IS'SUBJECT TO-ALL`THE TERMS, EXCE.(ISIONS:ANO•CONDiTIONS.OF•SUCH POL`'ICIES.I.IM1TS SHOWN h1AY I4AT/E BEEN REDUCED BYPAID.CLAIMS.. ,• • INSR ... . .:.. ADM'SUER:. �CY EFF'' .McuCr E P ,.. . .. . LTR TYP£OF INSURANCE .. „WU wvo, POLICY.NUMHER` DA!YYYt,.I, .UMnY5 'A, lX::COMMERCIAL.GENERm..01, IUTY' E'ACM:OCCURRENEE .. S `i^,i10a,000 vAMAoin* REr(rED 300,000 :4A"0" tligiX ; d00 ; .k • t22FD35a3Z2 711rZt125 7t1/2025 iPREMISESEEaoceurlenraY S ...... r- �o;Dao I" :See Otherccv • MEObiPSAnitone'petsen) ; 3, .1,OW DOD .PERSONALEADV•INJURI" ?S OEM: PEEii ;GENERAL AGGREGATE `-S . ;t0g0 4a0•' POUCYL- r �a(�sp� Ej Lac; : `PRODUCTS-COA(PIOPA(GG:.<s• 2,000,000 'JECT = oTHERa • s • COId81NE1151NGLELIMII: itI1,0�000. A ,AtiTOMO81L6 L1A81LtTx 'en accident) • . ... . $... X 'AMVAUTO ;. AWFD955§00 1.1112025`• 71112026 ` =8ciellYINJURY Prpe Oct.,:$ • OWNED• '-7:SCHEDULED OtAUOS O L.. AUTOS- •SCILY ruRYetectdenil SS S.pp MA . ;AUpQStNLll. sppyOOt 'a X: OCCUR ..... S A _:.ybeR>EuiuAs mai'eccuRi ves _ .. -•S:. 3,000;000. • OZFD955322 7111202 7r112026 '3,00.0,000' X ,ERCESS,t,1As • CLAIMS:440g AYiGREGATE ... 'DEII'.X ..RETENTION$'. . .0 NOT PROF • B,'WORKERS COMPENSATION X., JIE. ER ANCEMPLOYERS`LIAUtLIY `.Y N .X: .. El.EACH ACCIDENT' •.S WlIFD928932 7l(/2Q25; Tr1/2026• #,004,000 • l�FFICERJMEN ORtEXCW R/EXECU7#VE:• Nl.A FFl ERf141EMe F_XCI.EIpED�! . 'I,.OU0;00.0 an to t E1.DISEASE-EAEAtPC07Ef $' datory N tty ilescitbmunder E.L.,'OtBEASE-POLtCYLIMIT •1,00000t1 DE:SCtRIPTION't}F OPERA71tlN31feiovi C;Professional,L ssionlab. U5253572Z tb 71112025, 711/202S. see remarks DESCRlpmlitopOpERATiONS(LoccNAitoNs/VEHICLES.(ACCRD101.Adtltttwiiiito*OtaSehnd40,.0i," 'he.attaehedIt•mod ace;tstequtteaalI•The,Cityof Huntington Beaclf.Its elected or appointed officials;agents,;officers,,employees-and voluunteers,areradditional:i suredd,as-,required"bywritten contract,with;respect to,operations•:of the;name(l:insured per form::391s1006:and4610478`attached.Waiver of sbro•'tl"On p,".attached:W.Ctl40306. • APPROVED'AS'TQ"FOR • • • .By: . • • M1C14 AEL::1.'ViOLIOTTil • `CITY'ATTORNEY' CERTIFICATE'HOLDER ,.6 : lli. f_,iivts.i ]N EACH:.... •. SHOULD ANY OF;THE ABOVE LDESCRIBED POLICIES BE CANCELLED BEFOiRE, ; The,.:EXPiRATION'':DATE:..THEREOF ;NOTICE WILE, BE DELIVEREi3, IN :. , CIty Cf.Hun tiitgtdn:Beach ACCORDANCE.WI'TH'ThE pi.tvgY PROVISIONS:.: • 2000-Main:Street. ... , Huntington.Beach;,Cl 92G48, ;AUTHOIUZED`R ATlVE EPRFS ...E . . 4.00lROi'25(2016ta3) ©:1988=201'5 ACORD.CORPORATIOt4:;Ali;rigt is resenied., The.ACORD,itatine and logo are registered.marks:of•ACORD AGENCY CUSTOMER ID:STETENG-01 RBUCK LOC#: 1 ACCPREY ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License#0001900 NAMED INSURED GDI Insurance Agency,Inc. Stetson Engineers 2171 E.Francisco Blvd,Ste.K San Rafael,CA 94901 POLICY NUMBER SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Professional Liability Limit Each Claim$2,000,000 Aggregate$2,000,000 Deductible$50,000 per claim Full Prior Acts �ypyy g6 i tk6' I ACORD 101(2008/01) ©2008 ACORD CORPORATION. All rights reserved. 5 The ACORD name and logo are registered marks of ACORD ,F, THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits Page 1 1. Additional Insured by Contract, Agreement or Permit Included 1 2. Additional Insured- Broad Form Vendors Included 2 3, Alienated Premises Included 3 4. Broad Form Property Damage-Borrowed Equipment, Customers Included 3 Goods and Use of Elevators _ 5. Incidental Malpractice(Employed Nurses, EMT's and Paramedics) Included 3 6. Personal and Advertising Injury-Broad Form Included 4 7. Product Recall Expense Included 4 Product Recall Expense Each Occurrence Limit $25,000 5 Occurrence i Product Recall Expense Aggregate Limit $50,000 5 Aggregate Product Recall Deductible $500 5 8. Unintentional Failure to Disclose Hazards Included 6 1 Included 6 9. Unintentional Failure to Notify This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. 1 lThe following changes are made to SECTION II - (2) Premises you own, rent, lease or. i LIABILITY: occupy; or 1. Additional Insured by Contract, Agreement or (3) Your maintenance, operation or use of I Permit equipment leased to you. ° The following is added to SECTION II - b. The described above:to such additional LIABILITY,C.Who Is An Insured: Additional Insured by Contract, Agreement or (1) Only applies to the extent permitted by uPermit law; and a. Any person or organization with whom you (2) Will not be broader than the insurance which required bythe contract, i agreed in a written contract, written you are agreement or permit to add such person or agreement or permit to provide for such organization as an additional insured on additional insured. your policy is an additional insured only with (3) .Applies on a primary basis if that Is ) respect to liability for "bodily Injury", required by the written contract, written "property damage", or "personal and agreement or permit. advertising injury caused, in whole or in part, by your acts or omissions, or the acts (4) Will not be broader than coverage or omissions of those acting on your behalf, provided to any other insured. I but only with respect to: (5) Does not apply if the "bodily injury", j (1) "Your work" for the additional insured(s) "property damage" or "personal and t designated in the contract, agreement or advertising injury"is otherwise excluded from coverage under this Coverage Part, fpermit; including any endorsements thereto. K I t 391-1006 08 16 Includes copyrighted materials of insurance Services Offices,Inc.,with Its permission. Page 1 of 6 1 , . H a noverr Insurance Group. OZF D955322 5701761 c. This provision does not apply: The most we will pay on behalf of the Unless the written contract or written additional insured for a covered claim is the (1) lesser of the amount of insurance: agreement was executed or permit was issued prior to the "bodily injury", 1. Required by the contract, agreement or "property damage", or "personal injury permit described In Paragraph a.; or and advertising injury". 2. Available under the applicable Limits of (2) To any person or organization included Insurance shown in the Declarations. • as an insured by another endorsement This endorsement shall not increase the issued by us and made part of this applicable Limits of Insurance shown in the Coverage Part. Declarations (3) To any lessor of equipment: e. All other insuring agreements, exclusions, (a) After the equipment lease expires; or and conditions of the policy apply. (b) If the "bodily injury", "property 2. Additional Insured-Broad Form Vendors damage", "personal and advertising The following is added to SECTION II - injury" arises out of sole negligence LIABILITY, C.Who Is An Insured: of the lessor. Additional Insured-Broad Form Vendors (4) To any: a. Any person or organization that is a vendor (a) Owners or other interests from whom with whom you agreed in a written contract land has been leased if the or written agreement to include as an "occurrence" takes place or the additional insured under this Coverage Part offense is committed after the lease is an insured, but only with respect to liability for the land expires;or for "bodily injury" "property property damage" (b) Managers or lessors of premises if:(i) The arising isin distributed sold"yourin the products"regular which hse areof "occurrence" takes place or the vendor's business. • the offense Is committed after you cease to be a tenant in that b. The insurance afforded to such vendor premises; or described above: it (ii) The "bodily injury", "property (1) Only applies to the extent permitted by damage", "personal injury or law; 5 "advertising injury" arises out of (2) Will not be broader than the insurance r structural alterations, new which you are required by the contract or construction or demolition agreement to provide for such vendor; i operations performed by or on Will not be broader than coverage behalf of the manager or lessor. (3) provided to anyother insured; and (5) To "bodilyinjury", "propertydamage" or f injury" g (4) Does not apply if the "bodilyinjury", i "personal and advertising arising PP Y out of the rendering of or the failure to "property damage" or "personal and render any professional services. advertising injury" is otherwise excluded i from coverage under this Coverage Part, This exclusion applies even if the claims against any insured allege negligence or including any endorsements theretoc. With respect to insurance afforded to such hiring, employment, training orr otherwrongdoing in the supervision, vendors, the following additional exclusions monitoring of others by that insured, if apply: the "occurrence" which caused the The insurance afforded to the vendor does 1 "bodily injury" or "property damage" or not apply to: the offense which caused the "personal (1) "Bodily injury" or property damage" for n and advertising injury" involved the which the vendor is obligated to pay 1 rendering of or failure to render any damages by reasons of the assumption of professional services by or for you. liability in a contract or agreement. This j d. With respect to the insurance afforded to exclusion does not apply to liability for i these additional Insureds, the following is damages that the insured would have in Iadded to SECTION II - LIABILITY, D. Liability the absence of the contract or i and Medical Expense Limits of Insurance: agreement; I (2) Any express warranty unauthorized by I you; 1 391-1306 08 16 Includes copyrighted materials of Insurance Services Offices.Inc.,with Its permission. Page 2 of 6 I f (3) Any physical or chemical change in the The most we will pay on behalf of the vendor product made intentionally by the for amounta of covered insurance: is the lesser of the vendor; (4) Repackaging, unless unpacked solely for 1. described in Paragraphcont actoor agreement the purpose of inspection, demonstration, testing, or the 2. Available under the applicable Limits of substitution of parts under instruction Insurance shown in the Declarations; from the manufacturer, and then This endorsement shall not increase the repackaged in the original container; applicable Limits of insurance shown in the (5) Any failure to make such inspection, Declarations. adjustments, tests or servicing as the Alienated Premises vendor has agreed to make or normally 3. undertakes to make in the usual course SECTION II - LIABILITY, B. Exclusions, 1. of business in connection with the sale Applicable To Business Liability Coverage k. of the product; Damage to Property,paragraph (2) is replaced by (6) Demonstration, installation; servicing or the following: repair operations, except such (2) Premises you sell, give away or abandon, if operations performed at the vendor's the "property damage" arises out of any part premises in connection with the sale of of those premises and occurred from hazards the product; that were known by you, or should have (7) Products which, after distribution or sale reasonably been known by you, at the time by you, have been labeled or relabeled the property was transferred or abandoned. or used as a container, part or 4, Broad Form Property Damage - Borrowed ingredient of any other thing or Equipment,Customers Goods,Use of Elevators 1 substance by or for the vendor; a. The following is added to SECTION 11 - (8) "Bodily injury" or "property damage" LIABILITY, B. Exclusions, 1. Applicable To arising out of the sole negligence of the Business Liability Coverage, k. Damage to vendor for its own acts or omissions or Property: those of its employees or anyone else Paragraph (4) does not apply to "property q acting on its behalf. However, this Ft damage" to borrowed equipment while at a exclusion does not apply to: jobsite and not being used to perform (a) The exceptions contained within the operations. 3 exclusion in subparagraphs (4) or (6) Paragraph (3), (4) and (6) do not apply to above; or "property damage" to "customers goods" (b) Such inspections, adjustments, tests while on your premises nor to the use of or servicing as the vendor has elevators. I agreed to make or normally b. For the purposes of this endorsement, the undertakesrseo to make in the usualfollowing definition is added to SECTION II - 1 course of business, or sale connection LIABILITY, F. Liability and Medical Expenses with the distribution of the Definitions: products. i (9) "Bodily injury" or "property damage" 1. "Customers goods" means property of arising out of an "occurrence" that took your customer on your premises for the place before you have signed the purpose of being: contract or agreement with the vendor. a. Worked on; or (10)To any person or organization included b. Used in your manufacturing process. 1 as an insured by another endorsement issued by us and made part of this c. The insurance afforded under this provision Is excess over any other valid and collectible i Coverage Part. property insurance (including deductible) s (11)Any insured person or organization, available to the insured whether primary, from whom you have acquired such excess, contingent or on any other basis. products, or any ingredient, part or container, entering into, accompanying 5. Incidental Malpractice - Employed Nurses, EMT's or containing such products. and Paramedics SECTION II- LIABILITY, C.Who Is An Insured, d. Wes respect , the insurance afforded to 2.a.(1)(d) does not apply to a nurse, these vendors, the following is added to paragraph pp y SECTION II - LIABILITY, D. Liability and Medical Expense Limits of Insurance: K 391-1006 0816 Includes copyrighted materials of Insurance Services Offices,Inc.,with Its permission. Page 3 of 6 e i Hanover Insurance Group.. OZF D955322 5701761 emergency medical technician or paramedic o. Recall of Products, Work or Impaired employed by you if you are not engaged in the Property is replaced by the following: business or occupation of providing medical, o. Recall of Products, Work or Impaired paramedical, surgical, dental, x-ray or nursing Property services. Damages claimed for any loss, cost or 6. Personal Injury-Broad Form expense incurred by you or others for a. SECTION II - LIABILITY, B. Exclusions, 2. the loss of use, withdrawal, recall, Additional Exclusions Applicable only to inspection, repair, replacement, "Personal and Advertising Injury", paragraph adjustment, removal or disposal of: e. is deleted. (1) "Your product"; b. SECTION II - LIABILITY, F. Liability and (2) "Your work"; or Medical Expenses Definitions, 14. "Personal property"; and advertising injury", paragraph b. is (3) "Impaired replaced by the following: If such product, work or property is b. Malicious prosecution or abuse of withdrawn or recalled from the market or process. from use by any person or organization because of a known or suspected defect, c. The following is added to SECTION Ii - deficiency, inadequacy or dangerous LIABILITY, F. Liability and Medical Expenses condition in it, but this exclusion does - Definitions, Definition 14. "Personal and not apply to "product recall expenses" advertising injury": that you incur for the "covered recall" of "Discrimination" (unless insurance thereof is "your product". prohibited by law) that results in injury to the However, the exception to the exclusion feelings or reputation of a natural person, does not apply to "product recall 1 but only if such "discrimination" is: expenses" resulting from: (1) Not done intentionally by or at the11 (4) Failure of any products to accomplish direction of: their intended purpose; (a) The insured; (5) Breach of warranties of fitness, ) (b) Any officer of the corporation, quality, durability or performance; director, stockholder, partner or (6) Loss of customer approval, or any member of the insured; and cost incurred to regain customer (2) Not directly or indirectly related to an approval; "employee", not to the employment, (7) Redistribution or replacement of prospective employment or termination "your product" which has been of any person or persons by an insured. recalled by like products or l d. For purposes of this endorsement, the substitutes; following definition is added to SECTION II - (8) Caprice or whim of the insured; I LIABILITY, F. Liability and Medical Expenses Definitions: (9) A condition likely to cause loss of which any insured knew or had 4 1. "Discrimination" means the unlawful reason to know at the Inception of treatment of individuals based upon race, this insurance; color, ethnic origin, gender, religion, age, or sexual preference. "Discrimination" ( )10 Asbestos, including loss, damage or clean does not include the unlawful treatment up resulting from asbestos or of individuals based upon developmental,physical, cognitive, mental, sensory or asbestos containing materials;or (11)Recall of "your products" that have I emotional impairment or any no known or suspected defect solely combination of these. because a known or suspected 1 e. This coverage does not apply if liability defect in another of "your products' t coverage for "personal and advertising has been found. injury" is excluded either by the provisions of the Coverage Form or any endorsement b. The following is added to SECTION II - LIABILITY, C. Who is An insured, paragraph thereto. 3.b.: k 7. Product Recall Expense "Product recall expense" arising out of any • a. SECTION II - LIABILITY, B. Exclusions, 1. withdrawal or recall that occurred before you l Applicable To Business Liability Coverage, acquired or formed the organization. I 8 I 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc.,with its permission. Page 4 of 6 i d i c. The following is added to SECTION II - of a deductible amount, you shall LIABILITY, D. Liability and Medical Expenses promptly reimburse us for the part of the Limits of Insurance: deductible amount we paid. Product Recall Expense Limits of Insurance The Product Recall Expense Limits of a. The Limits of Insurance shown in, theInsurance apply separately to each this consecutive annual period and to any SUMMARY OF.ent and the rulesstated belowt COVERAGES of remaining period of less than 12 months, endorsemstarting with the beginning of the policy fix the most that we will pay under this period shown in the Declarations, unless the Product Recall Expense Coverage policy period is extended after issuance for regardless of the number of: an additional period of less than 12 months. (1) Insureds; In that case, the additional period will be (2) "Covered Recalls" initiated; or deemed part of the last preceding period for the purposes of determining the Limits of (3) Number of "your products" Insurance. withdrawn. d. The following is added to SECTION II - b. The Product Recall Expense Aggregate LIABILITY, E. Liability and Medical Expense Limit is the most that we will reimburse General Conditions,2. Duties in the Event of you for the sum of all "product recall Occurrence,Offense,Claim or Suit: expenses" incurred for all "covered You must see to it that the following are recalls" initiated during the policy period. done in the event of an actual or anticipated c. The Product Recall Each Occurrence "covered recall" that may result in "product Limit is the most we will pay in recall expense": connection with any one defect or (1) Give us prompt notice of any discovery deficiency. or notification that "your product" must d. All "product recall expenses" in be withdrawn or recalled. Include a connection with substantially the same description of "your product" and the general harmful condition will be reason for the withdrawal or recall; I deemed to arise out of the same defect or deficiency and considered one (2) Cease any further release, shipment, consignment or any other method of "occurrence". distribution of like or similar products e. Any amount reimbursed for "product until it has been determined that all I recall expenses" in connection with any such products are free from defects that one"occurrence" will reduce the amount could be a cause of loss under this of the Product Recall Expense Aggregate insurance. Limit available for reimbursement of "product recall expenses" in connection e. For the purposs of this endorsement, the following definitions are added to SECTION with any other defect or deficiency. II LIABILITY, F. Liability and Medical af. If the Product Recall Expense Aggregate Expenses Definitions: Limit has beeno reduced by 1. "Covered recall" means a recall made expreimbursement of "product thanrecall necessary because you or a government the Producto" an a all that ins less h body has determined that a known or the Recall Expense Each suspected defect, deficiency, Occurrence Limit, the remaining 1 Aggregate Limit is the most that will be inadequacy, or dangerous condition in available recall le for reimbursement of "product "your product" has resulted or will result g expenses" in connection with any in"bodily injury"or"property damage". other defect or deficiency. 2. "Product recall expense(s)" means: g. Product Recall Deductible We will only pay for the amount of a. Necessary and reasonable expenses for: "product recall expenses" which are in (1) Communications, including radio j excess of the 00 Product Recall or television announcements or Deductible. The Product Recall printed advertisements including Deductible applies separately to each stationary, envelopes and "covered recall". The limits of insurance postage; will not be reduced by the amount of this deductible. We may, or will if required by law, pay all or any part of any deductible amount, if applicable. Upon notice of our payment 391-1006 0816 Includes copyrighted materials of Insurance Services Offices,inc.,with its permission. Page 5 of 6 4r Hanover Insurance Group. OZF D955322 5701761 (2) Shipping the recalled products (1) If the "products - completed operations from any purchaser, distributor or hazard" is excluded from coverage under user to the place or places this Coverage Part including any designated by you; endorsement thereto; or (2) To "product recall expense" arising out of (3) Remuneration paid to your regular "employees" of "your products" that are otherwise necessary overtime; for any excluded from coverage under this Hiringadditional persons, other Coverage Part including endorsements (4) thereto. than your regular"employees"; 8. Unintentional Failure to Disclose Hazards (5) Expenses incurred by"employees" including transportation and The following is added to SECTION II - accommodations; LIABILITY, E. Liability and Medical Expenses (6) Expenses to rent additional General Conditions: warehouse or storage space; Representations (7) Disposal of "your product", but We will not disclaim coverage under this only to the extent that specific Coverage Part if you fail to disclose all hazards methods of destruction other than existing as of the inception date of the policy . those employed for trash provided such failure is not intentional. discarding or disposal are 9. Unintentional Failure to Notify required to avoid "bodily injury" The following is added to SECTION II - or "propertydamage" as a result LIABILITY, E. Liability and Medical Expenses off such disposal, General Conditions, 2. Duties in the Event of you incur exclusively for the purpose Occurrence,Offense,Claim or Suit: of recalling"your product"; and Your rights afforded under this Coverage Part b. Your lost profit resulting from such shall not be prejudiced if you fail to give us "covered recall". notice of an"occurrence", offense, claim or"suit", f. This Product Recall Expense Coverage does solely due to your reasonable and documented not apply: belief that the "bodily injury", "property damage" or "personal and advertising injury" is not covered under this Policy. ALL OTHER TERMS,CONDITIONS,AND EXCLUSIONS REMAIN UNCHANGED. i i I 1 1 1 4 i 1 1 F 1 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc.,with its permission. Page 6 of 6 1 i . . . 41-lanover insurance Group- OZF D955322 5701761 1. SECTION 1 - PROPERTY, if two or more of However, if you agree in a written this coverage part's coverages apply to contract, written agreement, or the same loss or damage, we will not pay written permit that the insurance more than the actual amount of the loss or provided to any person or damage, organization included as an under this ured ins 2. SECTION II - LIABILITY, it is our stated AdditionalAoderage Pars is pimary and intent that the various Coverage Parts, non-contributory, we will not seek forms, endorsements or policies issued to contribution from any other the named insured by us, or any company insurance available to that Additional affiliated with us, do not provide any Insured which covers the Additional duplication or overlap of coverage for the Insured as a Named Insured except: same claim, "suit", "occurrence", offense, the sole negligence of the accident, "wrongful act" or loss. We will (1) ForAditional Insured; or not pay more than the actual amount of the loss or damage. (2) When the Additional Insured is If this Coverage Part and any other an Additional Insured under Coverage Part, form, endorsement or another liability policy. policy issued to the named insured by us, b. Excess Insurance or any company affiliated with us, apply to This insurance is excess over: the same claim, "suit", occurrenee, of the other insurance, offense, accident, "wrongful act" or loss, (1) Any the maximum Limit of Insurance under all whether primary, excess, such Coverage Parts, forms, contingent or on any other basis: s endorsements or policies combined shall (a) That is Fire, Extended not exceed the highest applicable Limit of Coverage, Builder's Risk, Insurance under any one Coverage Part, Installation Risk or similar form, endorsement or policy. coverage for"your work"; I This condition does not apply to any (b) That is Property Insurance for Excess or Umbrella Policy issued by us premises rented to you or specifically to apply as excess insurance temporarily occupied by you over this policy, with permission of the owner; G. Liberalization (c) That is insurance purchased i if we adopt any revision that would broaden by you to cover your liability the coverage under this policy without as a tenant for "property. 1 additional premium within 45 days prior to or damage" to premises rented during the policy period, the broadened to you or temporarily coverage will immediately apply to this policy. occupied miss on bf the owner;ou with H. Other Insurance he or 1. SECTION I -PROPERTY (d) If the loss arises out of t maintenance or use of 1 If there is other insurance covering the aircraft; "autos" or watercraft same loss or damage, we will pay only for to the extent not subject to the amount of covered loss or damage in SECTION II - LIABILITY, I excess of the amount due from that other Exclusion g. Aircraft, Auto or insurance, whether you can collect on it or Watercraft; and ( not. But, we will not pay more than the (2) Any other primary insurance I applicable Limit of Insurance of SECTION I available to you covering liability I --PROPERTY. for damages arising out of the 1 2. SECTION II -LIABILITY premises or operations, or the If other valid and collectible insurance is products and completed available to the insured for a loss we operations, for which you have cover under SECTION II - LIABILITY, our been added as an additional obligations are limited as follows: insured by attachment of an endorsement. I a. Primary Insurance When this insurance is excess, we This insurance is primary except when will have no duty under SECTION II - paragraph b. below applies. If this LIABILITY to defend the insured insurance is primary, our obligations are not affected unless any of the insurer has a duty to defend the other insurance is also primary. Then, against any "suit" if any other insured against that"suit". if no other we will share with all that other insurer defends,we will undertake to • P insurance by the method described in do so, but we will be entitled to the paragraph c.below. 391-1003 08 16 includes copyrighted material of Insurance SP*vices Office, Inc.,with its permission. Page 79 of 81 l 1 i insured's rights against all those other premium in accordance with our rates and insurers. rules then in effect. c. When this insurance is excess over other 3. WWith our in force by paying u maa continue athiis s insurance, we will pay only our share of policy the amount of the loss, if any, that premium for each successive one-year exceeds the sum of: period. The premium must be: (1) The total amount that all such other a. Paid to us prior to the anniversary insurance would pay for the loss in date; and the absence of this insurance; and b. Determined In accordance with (2) The total of all deductible and paragraph 2. above. self-insured amounts under all that Our forms then in effect will apply. If you other insurance. do not pay the continuation premium, this d. We will share the remaining loss, if any, policy will expire on the first anniversary with any other insurance that is not date that we have not received the described in this provision and was not premium. bought specifically to apply in excess of 4. Undeclared exposures or change in your I the Limits of Insurance shown in the business operation, acquisition or use of Declarations for this Coverage. locations may occur during the policy e. Method of Sharing Period that is not shown in the Declarations. If so, we may require an If all of the other insurance permits additional premium. That premium will be contribution by equal shares, we will determined in accordance with our rates follow this method also. Under this and rules then in effect. approach each insurer contributes equal J. Premium Audit amounts until it has paid its applicable Limit of Insurance or none of the loss 1. This policy is subject to audit if a premium remains,whichever comes first. designated as an advance premium is If any of the other insurance does not shown In the Declarations. We will 11 permit contribution by equal shares, we will contribute by limits. Under this compute the final premium due when wedetermine your actual exposures. method, each insurer's share is based on 2. Premium shown in this policy as advance It the ratio of its applicable Limit of premium is a deposit premium only. At the ; Insurance to the total applicable limits of close of each audit period, we will li insurance of all insurers. compute the earned premium for that period and send notice to the first Named ;i f. When nois insurance duty is excess, e Liabilitywill Insured. The due date for audit premiums l. have under Business or s " is the date shown as the due date on the _ I Coverage to defend any claim "suit" i that any other insurer has a duty to bill. If the sum of the advance and audit defend. If no other insurer defends, we premiums paid for the policy period is j will undertake to do so; but we will be greater than the earned premium, we will Ientitled to the insured's rights against all return the excess to the first Named $ those other insurers. Insured. A I. Premiums 3. The first Named Insured must keep records of the information we need for - 11 1. The first Named Insured shown in the premium computation and send us copies Declarations: at such times as we may request. I a. Is responsible for the payment of ail K. Transfer of Rights of Recovery Against Others premiums; and to Us b. Will be the payee for any return 1. Applicable to SECTION I - PROPERTY premiums we pay. Coverage: 1 2. The premium shown in the Declarations was If any person or organization to or for thecomputedpolicy was onIs ued. Onin effect at the time whom we make payment under this policy the policy was issued. each renewal, to recover damages -from I continuation or anniversary of the effective another,has rightsthose rights v transferred tous date of this policy, we will compute the to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But i you may waive your rights against another 1 party in writing: 391-1003 0818 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 80 of 81 I r. I 4Hanover Insurance Group_ OZF D955322 5701761 a. Prior to a loss to your . Covered We waive any right of recovery we may Property. have against any person or organization with whom you have a b. After a loss your Covered Property written contract, permit or agreement only if, m of loss, that partyyis to waive any rights of recovery against one offthee following: wing: such person or organization because of (1) Someone insured by this payments we make for injury or insurance; damage arising out of your ongoing (2) A business firm: operations or"your work" done under a contract with that person or (a) Owned or controlled by you; organization and included in the or "products-completed operations (b) That owns or controls you; or hazard". (3) Your tenant. This condition does not apply to You may also accept the usual bills of Medical Expenses Coverage. lading or shipping receipts limiting the L. Transfer of Your Rights and Duties Under liability of carriers. This Policy This will not restrict your insurance. Your rights and duties under this policy may not be transferred without our written 2. Applicable to SECTION II - LIABILITY consent except in the case of death of an Coverage: individual Named insured. If you die, your If the insured has rights to recover all or rights and duties will be transferred to your part of any payment we have made legal representative but only while that under this Coverage Part, those rights legal representative is acting within the are transferred to us. The insured must scope of their duties as your legal i do nothing after loss to impair such representative. Until your legal rights. At our request, the insured will representative is appointed, anyone with "suit"suit or transfer those rights to us proper temporary custody of your property and help us enforce them. will have your rights and duties but only with respect to that property. i 1 ) s I 1 f i 1 i 1 1 1 1 i ) I R i 391-1003 0816 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 81 of 81 1 4Hgnover Insurance Group_ AWFD955306 5701761 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART A. The following is added to SECTION Il - Primary and Non-Contributory LIABILITY COVERAGE, Paragraph A.1. Who Is If you agree in a written contract, written An insured: agreement or written permit that the insurance Additional Insured if Required by Contract provided to a person or organization who If you agree in a written contract, written qualifies as an additional "insured" under SECTION lI - LIABILITY COVERAGE, Paragraph agreement or written permit that a person or Al. Who Is An Insured, subparagraph organization be added as an additional Additional Insured if Required by Contract is "insured" under this Coverage Part, such person or organization is an "insured"; but only primieary and non-contributory, the following to the extent that such person or organization qualifies as an "insured" under paragraph A.1.c. The liability coverage provided by this Coverage of this Section. Part is primary to any other insurance available If you agree in a written contract, written to the additional "insured" as a Named Insured. agreement or written permit that a erson or We will not seek contribution from any other organization be added as an additional insurance available to the additional "insured" "insured" under this Coverage Part, the most except: s we will pay on behalf of such additional (1) For the sole negligence of the additional 1 "insured" is the lesser of: "insured"; or (1) The Limits of Insurance for liability coverage (2) For negligence arising out of the ownership, specified in the written contract, written maintenance or use of an "auto" not owned agreement or written permit; or by the additional "insured" or by you, unless that "auto" Is a "trailer" connected to an (2) The Limits of Insurance forLiabilitys "auto" owned by the additional"insured" or i Coverage shown in the D Declarations applicable to this Coverage Part. by you;or When the additional "insured" is also an Such amount shall be part of and not in addition (3) additional "insured" under another liability to the Limits of Insurance shown in the ti Declarations applicable to this Coverage Part. policy. Regardless of the number of covered "autos", C. This endorsement will apply only if the 5 "insureds", premiums paid, claims made or "accident" occurs: vehicles involved in the "accident", the most we 1. During the policy period; I will pay for the total of all damages and 2. Subsequent to the execution of the written I "covered pollution cost or expense" combined agreement or the resulting from any one "accident" is the Limit of issuance of the contract or writtenwten permit; and Insurance for Liability Coverage shown in the Declarations. 3. Prior to the expiration of the period of time B. The following Is added to SECTION IV - that the written contract, written agreement- BUSINESS AUTO CONDITIONS, Paragraph B. or written permit requires such insurance to General Conditions, subparagraph 5. Other be provided to the additional "insured". 1 Insurance: D. Coverage provided to an additional "insured" will not be broader than coverage provided to s any other"insured" under this Coverage Part. P i ALL OTHER TERMS,CONDITIONS,AND EXCLUSIONS REMAIN UNCHANGED. 1 i 1 1 i 461-0478 12 12 Includes copyrighted material of ISO Insurance Services Office,Inc.,with Its permission Page 1 of 1 $ 4Hanover Insurance Group. i AWFD955306 5701761 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. CANCELLATION EXTENSION d. Any business entity for which you Paragraph A. CANCELLATION 2.b. of the have a financial interest greater COMMON POLICY CONDITIONS is than 50% of the voting stock or replaced with the following: otherwise have a controlling b. 60 days before the effective date interest after the effective date of of cancellation if we cancel for this policy or that is newly any other reason. acquired or formed by you during the term of this policy. j SECTION I -COVERED AUTOS f The coverage provided by this i 2. EMPLOYEE HIRED "AUTOS" provision is afforded until Description Of Covered Auto expiration or termination of Designation Symbols;Symbol 8 is this policy, whichever occurs replaced by the following: earlier. I 8= Hired "Autos"Only - Only those The coverage provided by this "autos" you lease, hire, rent or borrow; provision does not apply to g including "autos" your employee hires at any business entity described I your direction, for the purpose of in d. above that qualifies as an conducting your business. This does not insured under any other automobile liability policy „ include any auto you lease,hire, rent, or borrow from any of your"employees" or issued to that business entity partners or members of their households. as a named insured or would have been an insured except SECTION II -LIABILITY COVERAGE for the exhaustion of the g policy limits or the insolvency i 3. BROADENED NAMED INSURED of the insurer. The following Is added to the SECTION II - The coverage provided by this LIABILITY COVERAGE, Paragraph 1.Who provision does not apply to "bodily injury" nor "property Is An Insured provision: damage" arising from an accident that occurred prior to your acquiring or forming the business entity described in d. i above. i Includes copyrighted material of Insurance Services Office, Inc.with its permission, Copyright, Insurance Services Office, Inc., 1996 1 461-0155(9-97) Page 1 of 7 1 4. EMPLOYEES AS INSUREDS SECTION III -PHYSICAL DAMAGE COVERAGE. The following is added to the SECTION II - LIABILITY COVERAGE, Paragraph'1.Who 7. EXPENSE OF RETURNING A STOLEN Is An Insured provision: "AUTO" and SIGN COVERAGE e. Any employee of yours is an The following is added to SECTION III - "insured" while using a covered PHYSICAL DAMAGE COVERAGE, A.1. "auto" you do not own, hire or COVERAGE: borrow in your business or your personal affairs. d. Expense Of Returning A Stolen "Auto" 5. SUPPLEMENTARY PAYMENTS We will pay for the expense of The following amends SECTION II - returning a covered "auto" to you. LIABILITY COVERAGE, Paragraph 2. Coverage Extensions provision: e. Sign Coverage Paragraph (2) is replaced by the following: We will pay for loss to signs, (2) Up to $2500 for cost of bail bonds murals, paintings or graphics, (includingbonds for related traffic as part of equipment, which are i law violations) required because displayed on a covered "auto". of an "accident"we cover. We do not have to furnish these bonds. The most we will pay for"loss" in any one "accident" is the lesser Paragraph (4) is replaced by the following: of: (4) All reasonable expenses incurred by the"insured" at our request, 1. The actual cash value of including actual loss of earnings the property as of the up to $500 a day because of time time of the "loss"; or off from work. 2. The cost of repairing or iy replacing the damaged or 6. AMENDED FELLOW EMPLOYEE stolen property with other EXCLUSION property of like kind and quality; or The following is added to the SECTION 11 - 3. $2,000. LIABILITY COVERAGE, B. Exclusions Paragraph 5. Fellow Employee exclusion: 8. GLASS BREAKAGE DEDUCTIBLE This exclusion does not apply if the The following is added to SECTION ill - "bodily injury"arises from the use of a PHYSICAL DAMAGE COVERAGE,A. covered "auto" you own or hire. This COVERAGE paragraph 3. Glass Breakage - coverage is excess over any other Hitting a Bird or Animal - Falling Objects collectible insurance or Missiles: Any deductible shown in the Declarations as applicable to the R 1 € Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461 0155(9-97) Page 2 of 7 t 1 . , . 41-lanover Insurance Group- AWFD955306 5701761 covered "auto"will not apply to glass direction, for the purpose of . breakage if such glass is repaired, conducting your business, for a rather than replaced. period of 30 days or less, of like kind and use as the "autos" you 9. TRANSPORTATION EXPENSE own, subject to the following: Paragraph 4.Coverage Extension.of The most we will pay for any one SECTION III -PHYSICAL DAMAGE loss is the lesser of the following: COVERAGE,A. COVERAGE is replaced with the following: a. $50,000 per accident, or b. cash value, or 4. Coverage Extension c. the cost of repair, We will pay up to $50 per day to a minus the deductible equal to thelowest deductible applicable to maximum of$1500 for temporary owned "auto" for that transportation expense incurred anycoverage. Any deductible shown by you because of the total theft of a covered "auto" of the private in the Declarations does not apply passenger type. We will pay only to"loss" caused by fire or for those covered "autos" for lightning. Subject to the limit and deductible stated above,we will ' which you carry either Comprehensive or Specified provide coverage equal to the Causes of Loss Coverage. We will broadest coverage provided to pay for temporary transportation any covered "auto"you own, that expenses incurred during the is applicable to the loss. i period beginning 24 hours after the theft and ending, regardless of If the loss arises from an accident the policy s expiration, when the for which you are legally liable covered "auto" is returned to use and the lessor incurs an actual or we pay for its "loss". financial loss from that accident, we will cover the lessor s actual 10. HIRED AUTO PHYSICAL DAMAGE financial loss of use of the hired "auto" for a period of up to seven b, The following is added to SECTION III - consecutive days from the date of PHYSICAL DAMAGE COVERAGE, A. the accident, subject to a limit of COVERAGE: $1,000 per accident. 5. Hired Auto Physical Damage 11. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 1 If hired "autos" are covered "autos" for Liability Coverage and The following is added to SECTION III - k if Physical Damage Coverage of PHYSICAL DAMAGE COVERAGE,A. Comprehensive, Specified Causes COVERAGE: of Loss, or Collision is provided under this Coverage Form for any 6. Audio,Visual and Data Electronic "auto" you own, then the Physical Equipment Coverage Damage Coverage(s)provided is extended to "autos" you hire We will pay for"loss" to any without a driver or your employee electronic equipment that receives hires,without a driver, at your Includes copyrighted mat erial of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc.,,1996 461-0155(9-97) Page 3 of 7 i u 1 it or transmits audio, visual or data equipment is permanently signals and that Is not designed installed in the covered solely for the reproduction of "auto", and sound. This coverage applies b. Permanently installed only if the equipment is in the opening of the dash permanently installed in the or console normally used covered "auto" at the time of the by the manufacturer for "loss" or the equipment is the installation of a radio. removable from a housing unit which is permanently installed in With respect to coverage herein, the covered auto at the time of the LIMIT OF INSURANCE the "loss", and such equipment is provision of PHYSICAL DAMAGE designed to be solely operated by COVERAGE is replaced by the use of the power from the "auto s" following: electrical system, in or upon the covered "auto", including its 1. The most we will pay for all 1 antennas and other accessories. "loss" to audio, visual or data However , this does not include electronic equipment and any tapes, records or discs. accessories used with this equipment as a result of any The exclusions that apply to one "accident" is the lesser of PHYSICAL DAMAGE COVERAGE, except for the exclusion relating to a. The actual cash value of Audio, Visual and Data Electronic the damaged or stolen Equipment, also apply to coverage property as of the time.of provided herein. In addition, the the "loss"; or r following exclusions apply: b. The cost of repairing or replacing the damaged or We will not pay , under this stolen property with other coverage, for either any electronic property of like kind and equipment or accessories used quality; or i z with such electronic equipment c. $500. that Is: i 2. An adjustment for 1. Necessary for the normal depreciation and physical operation of the covered condition will be made in "auto" or the monitoring of determining actual cash value I the covered "auto s" at the time of the "loss". operating system;or 3. Deductibles applicable to 2. Both: PHYSICAL DAMAGE COVERAGE, do not apply II a. An integral part of the to this Audio, Visual and Data 1 same unit housing any sound reproducing Electronic Equipment Coverage. equipment designed solely for the If there is other coverage provided reproduction of sound if by this policy for audio, visual and I the sound reproducing data electronic equipment, the coverage provided herein is i I Includes copyrighted material of Insurance Services Office, Inc. with its permission. I Copyright,ht, Insurance Services Office, Inc., 1996 461-0155(9-97) Page 4 of 7 a . • g Hanover Insurance Group.. AWF0955306 5701761 excess. However, you may elect covered"auto". If loss is to apply the limit or any portion caused by theft, this thereof of coverage provided number of days is added herein to pay any deductible that to the number of days it is applicable under the provisions takes to locate the covered of the other coverage. "auto" and transport it to a repair shop. 12. RENTAL REIMBURSEMENT and MATERIAL TRANSFER EXPENSE 2. 60 days. The following is added to SECTION III - Our payment is limited to the PHYSICAL DAMAGE COVERAGE,A. lesser of the following amounts: COVERAGE: 1. Necessary and actual 7. Rental Reimbursement and expenses incurred, Material Transfer Expense including loss of use. This coverage provides only those 2. $3000. Physical Damage Coverages where a premium is shown in the This auto rental expense coverage Declarations. It applies only to a does not apply while there are covered "auto" described or spare or reserve "autos" available designated to which the Physical to you for your operations. Damage Coverages apply. If"loss" results from the total theft We will pay for auto rental of a covered "auto" of the private expenses and the expenses, passenger type, we will pay under incurred by you because of"loss" this coverage only that amount of to a covered "auto", to remove your rental reimbursement and transfer your materials and expenses which is not already equipment from the covered provided for under the SECTION "auto" . Payment applies in III - PHYSICAL DAMAGE addition to the otherwise COVERAGE,A. 4. Coverage i applicable amount of each Extension. t coverage you have on a covered I "auto". No deductibles apply to 13. AIRBAG COVERAGE this coverage. The following is added to SECTION III - 1 We will pay only for those auto PHYSICAL DAMAGE COVERAGE, B. rental expenses incurred during Exclusions, paragraph 3. the policy period beginning.24 hours after the "loss" and ending, The portion of this exclusion relating to regardless of the policy s mechanical or electrical breakdown does expiration, with the lesser of the not apply to the accidental discharge of an following number of days: airbag. This coverage is excess of other collectible insurance or warranty. No 1. The number of days deductible applies to this Airbag Ireasonably required to Coverage. repair or replace the Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155(9-97) Page 5 of 7 1 14. AUTO LOAN PHYSICAL DAMAGE imposed under a lease for excessive use, EXTENSION abnormal wear and tear or high mileage; security deposits not refunded by the The following is added to SECTION III - lessor; cost for extended warranties, PHYSICAL DAMAGE COVERAGE,C. Limit Credit Life Insurance, Health, Accident or Of Insurance provision: Disability Insurance purchased with the loan; and carry over balances from When a "loss" results in a total loss to a previous leases. covered auto you own for which a Loss Payee is designated in this policy, the This coverage applies only to the initial most we will pay for"loss" in any one lease for the covered "auto" which has not "accident" is the greater of: previously been leased. This coverage is excess over all other collectible 1. The actual cash value of the insurance. damaged or stolen property as of the time of the"loss"; or SECTION IV-CONDITIONS 2. The outstanding balance of the 16. DUTIES IN THE EVENT OF ACCIDENT, 1 initial loan, less any amounts for CLAIM, SUIT OR LOSS taxes, overdue payments, overdue payment charges, penalties, The following is added to SECTION IV- interest , any charges for early BUSINESS AUTO CONDITIONS, A. Loss termination of the loan, costs for Conditions,2. Duties In The Event Of Credit Life Insurance, Health, Accident, Claim, Suit Or Loss: Accident or Disability Insurance purchased with the loan, and d. Knowledge of any"accident", carry-over balances from previous claim, "suit" or"loss" will be loans. deemed knowledge by you when notice of such "accident", 15. AUTO LEASE PHYSICAL DAMAGE claim, "suit" or"loss" has been EXTENSION received by: The following is added to SECTION Ill - (1) You, if you are an individual; PHYSICAL DAMAGE COVERAGE, C. Limit (2) Any partner or insurance r Of Insurance provision: manager if you are a partnership; or If, because of damage, destruction or theft (3) An executive officer or of a covered "auto",which is a long-term insurance manager if you are i leased "auto", the lease agreement a corporation. between you and the lessor is terminated, g "we" will pay the difference between the 17. BLANKET WAIVER OF SUBROGATION A amount paid under paragraph C. LIMIT OF INSURANCE 1. or 2. and the amount due Paragraph 5. Transfer Of Rights Of at the time of"loss" under the terms of Recovery Against Others To Us, SECTION ( the lease agreement applicable to the IV - BUSINESS AUTO CONDITIONS, A. • Ileased "auto" which you are required to Loss Conditions is replaced by the I pay: less any fees to dispose of the auto; following: 1 any overdue payments; financial penalties g 5 i gIncludes copyrighted material of Insurance Services Office, Inc. with its permission. } Copyright, insurance Services Office, Inc., 1996 461-0155(9-97) Page 6 of 7 J 1 1 Hanover Insurance Group- AWFD955306 5701761 5. Transfer Of Rights Of Recovery 19. HIRED AUTO -WORLDWIDE Against Others To Us COVERAGE If any person or organization to or The following is added to SECTION IV- for whom we make payment Business Auto Conditions,B. General under this Coverage Form has Conditions, paragraph 7. Policy Period, rights to recover damages from Coverage Territory provision: another, which have not been waived through the execution of e. Outside the coverage territory an "insured contract", written described in a., b., c., and d. agreement, or permit, prior to the above for an "accident"or"loss" "accident"or"loss" giving rise to resulting from the use of a the payment, those rights to covered "auto" you hire, without a recover damages from another driver, or your employee hires are transferred to us. That person without a driver, at your direction, or organization must do for the purpose of conducting your everything necessary to secure business, for a period of 30 days our rights and must do nothing or less, provided the suit is after the "accident" or"loss" to brought within The United States impair them. of America or its territories or possessions. 18. UNINTENTIONAL FAILURE TO DISCLOSE INFORMATION SECTION V- DEFINITIONS • The following is added to SECTION IV 20. MENTAL ANGUISH BUSINESS AUTO CONDITIONS. B. General Conditions, paragraph 2. Paragraph C. "Bodily injury", SECTION V- Concealment,Misrepresentation Or Fraud: DEFINITIONS is replaced by the following: Your unintentional error in disclosing, C. "Bodily injury" means bodily injury, or failure to disclose, any material fact sickness or disease sustained by a existing after the effective date of this person including death or mental Coverage Form shall not prejudice anguish resulting from any of these. your rights under this Coverage Form. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) Page 7 of.7 • • . .• H a rt tn.'', r tlositoincetGfoup:: worm/stint, .570V7et o*N111,1 OF gpalltOttt to,x3E-doveitOtom otitERA'010,101064.itCAOFpn* tOOOvar.ourt.o,aisnaOtalealivaitiytinOtlibbio,for aolajitty oostemitby)01s poliay.:1104111.0atoakitao dor .1101 a§orristtba.'0Oraoadr,ogan&zation nwnod in tho Shedute (This agrooinant.appliso,ophiJolhotpx(ont lhattyamtporforra, Nark'undarta writtaktootraottibat roquices you:to obtain,Ibis,ogroOroont Root os4. :YoO:snuatiiiaintairi.f*itrill r000*.aattirate*O0lOialitiOhci4ajOi0iiatiokot:pi,*.O*OjeOO t,!kt!iiiit.Oagatja0'iiittbOtwoit$: 4euritod4ntho$chácftde. " " " - • • Itiikattitittanal-prenii3Ook(or thie 04doraerrioittObalt tokiittb*OtilitOOlto*O0torO!':O:OkaptoOao:tiOottc#Oitto0O.,00,Avi4o- 4ue,amauctb renmtatatiop.. g4,11#1.0; tROitoefOr7gisoiiiiattOO1 Job -AP P,Peg A$E4t.:, (tiP:Ca:r 1.1Y*190 . FOR 1140g-171/0,4140:A WRITTEN dt)01.mditwitiii-31.10,POLICY- HOtDER • !i! . . . . 1.i ,Thightatit.1s oltachiOneils:iitticiirt ea the date iu,auntliss.cithgtnitsa staiod, 41.4*Orp.if0folv biqqpy-i!tegttiNd•only isqlon 110 ondonementia.issued,subsixtuent;taotteparatroptortito 00044 #rt'6c,msail.rtgYtit.Oyii,.:4- .poky Ne t4O D2a93 06 tErttiotsigment No. insured "GO;t pft, . . •!tpiiefii*'0*Fani.1.140$4101$13110 IttptniVICE"dorighttCcc By • 'At Ott Oag4t.0414,4): • • . , . . , . • • .„. - . • t- I. „ „ , 1 { C'K-- 1 �...—=‘, STETENG•01 BUCK ACORLY 'DATE(MMIDUlYYYY) `� CERTIFICATE OF LIABILITY INSURANCE 4125./2025 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 CERTIFICATEHOLDER. 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 statetrient On this certificate does not confer rights to the certificate holder In lieu of such enderseriment(s). PRODUCER License#OD01900 NAMEAer Rhonda Buck GDI Insurance Agency,Inc. PHONE 801 Geer Road (A/C,No.Ex1):(8$8)420-1967 I(AA/C.No): Turlock,CA 95380 ADDRESS:Rhonda.Buck@gdiins:com INSURER(S)AFFORDING COVERAGE NAIC N INSURER A:The Hanover Insurance Group 002225 INSURED INSURER D:The Hanover American Insurance Company 36064 'Stetson Engineers,Inc. INSURER C:U.S.Specialty Insurance Co 29599 2171 E.Francisco Blvd,Ste.K INSURER 0: San Rafael,CA 94901 INSURER E: 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTA(N, 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 TYPEOFINSURANCE ADDL SUER POLICYNUMBER POLICY EFF POLICY EXP LIMITS LTRINSO WVDIMM/DDIYYYY1 iMMIDDIYYYYi A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X OZFD955322 7/1/2024 7/1/2025 pREMI$ES EaENNTTEr ante) $ 300,000 X see other coy MED EXP(Anyone person) $ 10,000 PERSONAL B.ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JEC7 LOC Primus-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY (Ea acciden)SINGLE LIMIT $ 1,000,000 X ANY AUTO X AWFD955306 7/1/2024 7/1/2025 BODILY INJURY(Per peisonl $ — OWNED SCHEDULED AUTOS ONLY _ AUTOS BODILY INJURY(Per accident) $ X HIRED ' ) NON-OWNED PROPERTY DAMAGE AUTOS ONLY — AUTOS ONLY (Per accident) $ $ A UMBRELLA LiAB X. OCCUR EACH OCCURRENCE $ 3,000,000 • X EXCESS LIAB CLAIMS-MADE OZFD955322 7/1/2024 7/1/2025 AGGREGATE $ 3,000,000 DED X RETENTION$ 0 $ B WORKERS COMPENSATION X STATUTE ER AND EMPLOYERS'LIABILITY WZFD928932 7/1/2024 7/1/2025 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE YIN X E.L.EACH ACCIDENT $ lFFICaERJMEMBE R EXCLUDED? N I A 1,000,000 Man a ory n NH E.L.DISEASE-EA EMPLOYEE $ lIyes,describe under. 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C. Professional Liab. US2434831 7/1/2024 7/1/2025 •see remarks DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more spaco Is required) he City of Huntington Beach its elected or appointed officials,agents,officers,employees and volunteers are additional insured as require by written contract with respect to operations of the named insured per form 3911006 and 4610478 attached.Waiver Of subrogation'per attached WCO 0306. APPROVED AS TO FO MICHAEL J.VIGLIOTTA CERTIFICATE HOLDER CANCELLATION CITY ATTORNEY CITY OF HUNTINGTON-BE-ACM- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE L! I ACORD 25{2016/03) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks Of ACORD AGENCY CUSTOMER ID:STETENG-01 RBUCK LOC#: 1 ACGREY ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License#0001900 NAMED INSURED GDI Insurance Agency,Inc. Stetson.F Engineers, Blvd,Ste.K POLICYNUMBER San Rafael,CA 94901 SEE PAGE 1 CARRIER NAtC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Limits: Each Claim and Aggregate 2,000,000 Deductible$50,000 ACORD 101(2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Hanover Insurance Group. WZF0928932 5701761 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule.(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described In the Schedule. The additional premium for this endorsement shall be 2 %of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description APPLIES AS BLANKET WAIVER FOR THOSE HAVING A WRITTEN CONTRACT WITH THE POLICY- HOLDER REQUIRING WOSFOR WCPOLICYHOLDER EMPLOYEES. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective'R"" 2 02.M Policy No. 672 E-D 92 8 9 32-0 5 Endorsement No. insured S-$eit 5 On e—e1 Zn e.. Insurance CompanyTHE HANOVER AMERICAN INSURANCE COMPANY Countersigned By _ �1 WC 04 03 06(Ed 04.84) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits Page 1. Additional Insured by Contract, Agreement or Permit Included 1 2. Additional Insured-Broad Form Vendors Included 2 3. Alienated Premises Included 3 4. Broad Form Property Damage- Borrowed Equipment, Customers Included 3 Goods and Use of Elevators 5. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) Included 3 6. Personal and Advertising Injury- Broad Form included 4 7. Product Recall Expense Included 4 Product Recall Expense Each Occurrence Limit $25,000 5 Occurrence Product Recall Expense Aggregate Limit $50,000 5 Aggregate Product Recall Deductible $500 5 8. Unintentional Failure to Disclose Hazards Included 6 9. Unintentional Failure to Notify Included 6 This endorsement amends coverages provided under. the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. The following changes are made to SECTION Il - (2) Premises you own, rent, lease or LIABILITY: occupy; or 1. Additional Insured by Contract, Agreement or (3) Your maintenance, operation or use of Permit equipment leased to you. The following is added to SECTION 11 - b. The insurance afforded to such additional LIABILITY,C.Who Is An Insured: insured described above: Additional Insured by Contract, Agreement or (1) Only applies to the extent permitted by Permit law; and a. Any person or organization with whom you (2) Will not be broader than the insurance agreed in a written contract, written which you are required by the contract, agreement or permit to add such person or agreement or permit to provide for such organization as an additional insured on additional insured. your policy is an additional insured only with respect to liability for "bodily injury", (3) Applies on a primary basis if that isn ''property dama a", or "personal and required by the written contract, written 9 p agreement or permit. advertising injury" caused, in whole or in part, by your acts or omissions, or the acts (4) Will not be broader than coverage or omissions of those acting on your behalf, provided to any other insured. but only with respect to: (5) Does not apply if the "bodily injury", (1) "Your work" for the additional insured(s) "property damage" or "personal and designated in the contract, agreement or advertising injury"is otherwise excluded permit; from coverage under this Coverage Part, including any endorsements thereto. 391-1006 0816 Includes copyrighted materials of Insurance Services Offices,Inc.,with its permission. Page 1 of 6 , . 4lignover Insurance Group_ OZF D955322 5701761 c. This provision does not apply: The most we will pay on behalf of the (1) Unless the written contract or written additional insured for a covered claim is the agreement was executed or permit was lesser of the amount of insurance: issued prior to the "bodily injury", 1. Required by the contract, agreement or "property damage", or "personal injury permit described in Paragraph a.;or and advertising injury". 2. Available under the applicable Limits of (2) To any person or organization included Insurance shown in the Declarations. as an insured by another endorsement This endorsement shall not increase the issued by us and made part of this applicable Limits of Insurance shown in the Coverage Part. Declarations (3) To any lessor of equipment: e. All other insuring agreements, exclusions, (a) After the equipment lease expires; or and conditions of the policy apply. (b) If the "bodily injury", "property 2. Additional Insured-Broad Form Vendors damage", "personal and advertising The following is added to SECTION II - injury" arises out of sole negligence LIABILITY, C.Who Is An Insured: of the lessor. (4) To any: Additional Insured-Broad Form Vendors Owners or other interests from whom a. Any person or organization that is a vendor (a) with whom you agreed in a written contract land has been leased if the place or the or written agreement to include as an "occurrence"is takested after the lease additional insured under this Coverage Part offenseis an insured, but only with respect to liability for the land expires; or for "bodily injury" or "property damage" (b) Managers or lessors of premises if: arising out of "your products" which are (i) The "occurrence" takes place or distributed or sold in the regular course of the offense is committed after the vendors business. you cease to be a tenant in that b. The insurance afforded to such vendor premises; or described above: (ii) The "bodily injury", "property (1) Only applies to the extent permitted by damage", "personal injury' or law; "advertising injury" arises out of (2) Will not be broader than the insurance structural alterations, new which you are required by the contract or construction or demolition agreement to provide for such vendor; operations performed by or on behalf of the manager or lessor. (3) Will not be broader than coverage (5) injury", provided to any other insured; and To "bodily "property damage" or Does not apply if the "bodily injury", "personal and advertising injury" arising (4) pp Y Y out of the rendering of or the failure to "property damage" or "personal and render any professional services. advertising injury" is otherwise excluded even if the claims from coverage under this Coverage Part, This exclusion appliesincluding any endorsements thereto against any insured allege negligence or other wrongdoing in the supervision, c. With respect to insurance afforded to such hiring, employment, training or vendors, the following additional exclusions monitoring of others by that insured, if apply: the "occurrence" which caused the The insurance afforded to the vendor does "bodily injury" or "property damage" or not apply to: the offense which caused the "personal (1) "Bodily injury" or "propertydamage" for and advertising injury" involved the rendering of or failure to render any which the vendor is obligated to pay professional services or for you. damages by reasons of the assumption of d. With respect to the insurance afforded to exclusionlixclity In a contractsnot orp agreement.liability This p does not apply to liability for these additional insureds, the following is damages that the insured would have in added to SECTION II - LIABILITY, D. Liability the absence of the contract or and Medical Expense Limits of Insurance: agreement; (2) Any express warranty unauthorized by you; 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices,Inc.,with its permission. Page 2 of 6 (3) Any physical or chemical change in the The most we will pay on behalf of the vendor product made intentionally by the for a covered claim is the lesser of the vendor; amount of insurance: (4) Repackaging, unless unpacked solely for 1. Required by the contract or agreement the purpose of inspection, described in Paragraph a.; or demonstration, testing, or the 2. Available under the applicable Limits of substitution of parts under instruction Insurance shown in the Declarations; from the manufacturer, and then repackaged in the original container; This endorsement shall not increase the (5) Any failure to make such inspection, applicable Limits of Insurance shown in the adjustments, tests or servicing as the Declarations. vendor has agreed to make or normally 3. Alienated Premises undertakes to make in the usual course SECTION 11 - LIABILITY, B. Exclusions, 1. of business in connection with the sale Applicable To Business Liability Coverage k. of the product; Damage to Property, paragraph (2) is replaced by (6) Demonstration, installation, servicing or the following: repair operations, except such (2) Premises you sell, give away or abandon, if operations performed at the vendor's the "property damage" arises out of any part premises in connection with the sale of of those premises and occurred from hazards the product; that were known by you, or should have (7) Products which, after distribution or sale reasonably been known by you, at the time by you, have been labeled or relabeled the property was transferred or abandoned. or used as a container, part or 4. Broad Form Property Damage - Borrowed ingredient of any other thing or Equipment,Customers Goods,Use of Elevators substance by or for the vendor; a. The following is added to SECTION II - (8) "Bodily injury" or "property damage" LIABILITY, B. Exclusions, 1. Applicable To arising out of the sole negligence of the Business Liability Coverage, k. Damage to vendor for its own acts or omissions or Property: those of its employees or anyone else acting on its behalf. However, this Paragraph (4) does not apply to "property exclusion does not apply to: . damage" to borrowed equipment while at a jobsite and not being used to perform (a) The exceptions contained within the operations. exclusion in subparagraphs (4) or (6) Paragraph (3), (4) and (6) do not apply to above; or "property damage" to "customers goods" (b) Such inspections, adjustments, tests while on your premises nor to the use of or servicing as the vendor has elevators. agreed to make or normally b. For the purposes of this endorsement, the undertakes to make in the usual following definition is added to SECTION II - course of business, in connection LIABILITY, F. Liability and Medical Expenses with the distribution or sale of the Definitions: products. (9) "Bodily injury" or "property damage" 1. tomers os" eans pert fors of your customer on your premises the arising out of an "occurrence" that took place before you have signed the purpose of being: contract or agreement with the vendor. a. Worked on; or (10)To any person or organization included b. Used in your manufacturing process. as an insured by another endorsement C. The insurance afforded under this provision is issued by us and made part of this excess over any other valid and collectible Coverage Part. property insurance (including deductible) (11)Any insured person or organization, available to the insured whether primary, from whom you have acquired such excess, contingent or on any other basis. products, or any ingredient, part or container, entering into, accompanying 5. Incidental Malpractice - Employed Nurses, EMT's or containing such products. and Paramedics d. With respect to the insurance afforded to SECTION II - LIABILITY, C.Who Is An Insured, these vendors, the following is added to paragraph 2.a.(1)(d) does not apply to a nurse, SECTION II - LIABILITY, D. Liability and Medical Expense Limits of Insurance: 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices,Inc.,with Its permission. Page 3 of 6 . . 4HAnover insurance Group_ OZF D955322 5701761 emergency medical technician or paramedic o. Recall of Products, Work or Impaired employed by you if you are not engaged in the Property is replaced by the following: business or occupation of providing medical, o. Recall of Products, Work or Impaired paramedical, surgical, dental, x-ray or nursing Property services. 6. Personal Injury-Broad Form Damages claimed for any loss, cost or expense incurred by you or others for a. SECTION II - LIABILITY, B. Exclusions, 2. the loss of use, withdrawal, recall, Additional Exclusions Applicable only to inspection, repair, replacement, "Personal and Advertising Injury", paragraph adjustment, removal or disposal of: e.is deleted. (1) "Your product"; b. SECTION II - LIABILITY, F. Liability and (2) "Your work";or Medical Expenses Definitions, 14. "Personal and advertising injury", paragraph b. is (3) "Impaired property"; replaced by the following: If such product, work or property is b. Malicious prosecution or abuse of withdrawn or recalled from the market or process. from use by any person or organization c. The following is added to SECTION II - because of a known or suspected defect, LIABILITY, F. Liability and Medical Expenses deficiency, inadequacy or dangerous Definitions, Definition 14. "Personal and condition in it, but this exclusion does advertising injury": not apply to "product recall expenses" "covered you incur for the recall" of "Discrimination" (unless insurance thereof is "your product". prohibited by law) that results in injury to the However, the exception to the exclusion feelings or reputation of a natural person, but only if such "discrimination" is: does notapply to "product recall expenses" resulting from: (1) Not done intentionally by or at the (4) Failure of any products to accomplish direction of: their Intended purpose; (a) The insured; (5) Breach of warranties of fitness, (b) Any officer of the corporation, quality, durability or performance; director, stockholder, partner or (6) Loss of customer approval, or any member of the insured; and cost incurred to regain customer (2) Not directly or indirectly related to an approval; "employee", not to the employment, (7) Redistribution or replacement of prospective employment or termination "your product" which has been of any person or persons by an insured. recalled by like products or d. For purposes of this endorsement, the substitutes; following definition is added to SECTION II - (8) Caprice or whim of the insured; LIABILITY, F. Liability and Medical Expenses Definitions: (9) A condition likely to cause loss of 1. "Discrimination" means the unlawful which any insured knew or had reason to know at the inception of treatment of individuals based upon race, this insurance; color, ethnic origin, gender, religion, age, or sexual preference. "Discrimination" (10)Asbestos, including loss, damage or does not include the unlawful treatment clean up resulting from asbestos or of individuals based upon developmental, asbestos containing materials; or physical, cognitive, mental, sensory or (11)Recall of "your products" that have emotional impairment or any no known or suspected defect solely combination of these. because a known or suspected e. This coverage does not apply if liability defect in another of "your product' coverage for "personal and advertising has been found. injury" is excluded either by the provisions of b. The following is added to SECTION II - the Coverage Form or any endorsement LIABILITY, C. Who Is An Insured, paragraph thereto. 3.b.: 7. Product Recall Expense "Product recall expense" arising out of any a. SECTION II - LIABILITY, B.Exclusions, 1. withdrawal or recall that occurred before you Applicable To Business Liability Coverage, acquired or formed the organization. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc.,with its permission. Page 4 of 6 c. The following is added to SECTION II - of a deductible amount, you shall LIABILITY, D. Liability and Medical Expenses promptly reimburse us for the part of the Limits of Insurance: deductible amount we paid. Product Recall Expense Limits of Insurance The Product Recall Expense Limits of a. The Limits of Insurance shown in the Insurance apply separately to each SUMMARY OF COVERAGES of this consecutive annual period and to any endorsement and the rules stated below remaining period of less than 12 months, fix the most that we will pay under this starting with the beginning of the policy Product Recall Expense Coverage period shown in the Declarations, unless the regardless of the number of: policy period is extended after issuance for an additional period of less than 12 months. (1) insureds; In that case, the additional period will be (2) "Covered Recalls" initiated; or deemed part of the last preceding period for (3) Number of "your products" the purposes of determining the Limits of withdrawn. Insurance. b. The Product Recall Expense Aggregate d. The following is added to SECTION II - Lhe ist the moste that we willeat LIABILITY, E. Liability and Medical Expense you for the sum of all "product reimburserecsll General Conditions, 2. Duties in the Event of expenses" incurred for all "covered Occurrence,Offense,Claim or Suit: recalls" initiated during the policy period. You must see to it that the following are c. The Product Recall Each Occurrence done in the event of an actual or anticipated Limit is the most we will pay in "covered recall that may result in "product connection with any one defect or recall expense deficiency. (1) Give us prompt notice of any discovery d. All "product recall expenses" in or notification that "your product" must be withdrawn or recalled. Include a connection with substantially the same general harmful condition will be description of "your product" and the deemed to arise out of the same defect reason for the withdrawal or recall; or deficiency and considered one (2) Cease any further release, shipment, "occurrence". consignment or any other method of e. Anyamount reimbursed for "product distribution of like or similar products until it has been determined that all recall expenses" in connection with any such products are free from defects that one occurrence will reduce the amount could be a cause of loss under this of the Product Recall Expense Aggregate insurance. Limit available for reimbursement of "product recall expenses" in connection e. For the purposs of this endorsement, the with any other defect or deficiency. following definitions are added to SECTION 11 - LIABILITY, F. Liability and Medical f. If the Product Recall Expense Aggregate Expenses Definitions: Limit has been reduced by reimbursement of "product recall 1. "Covered recall" means a recall made expenses" to an amount that is less than necessary because you or a government the Product Recall Expense Each body has determined that a known or Occurrence Limit, the remaining suspected defect, deficiency, Aggregate Limit is the most that will be inadequacy, or dangerous condition in available for reimbursement of "product "your product" has resulted or will result recall expenses" in connection with any in "bodily injury" or"property damage". other defect or deficiency. 2. "Product recall expense(s)"means: g. Product Recall Deductible a. Necessary and reasonable expenses We will only pay for the amount of for: "product recall expenses" which are in (1) Communications, including radio excess of the $500 Product Recall or television announcements or Deductible. The Product Recall printed advertisements Including Deductible applies separately to each stationary, envelopes and "covered recall". The limits of insurance postage; will not be reduced by the amount of this deductible. We may, or will if required by law, pay all or any part of any deductible amount, if applicable. Upon notice of our payment 391-1006 0816 Includes copyrighted materials of Insurance Services Offices,Inc.,with its permission. Page 5 of 6 4HAnover insurance Group_ OZF D955322 5701761 (2) Shipping the recalled products (1) If the "products - completed operations from any purchaser, distributor or hazard" is excluded from coverage under user to the place or places this Coverage Part including any designated by you; endorsement thereto; or (3) Remuneration paid to your (2) To "product recall expense" arising out of regular "employees" for any of"your products" that are otherwise necessary overtime; excluded from coverage under this (4) Hiring additional persons, other Coverage Part including endorsements thereto. than your regular"employees"; (5) Expenses incurred by"employees" 8. Unintentional Failure to Disclose Hazards including transportation and The following is added to SECTION II - accommodations; LIABILITY, E. Liability and Medical Expenses (6) Expenses to rent additional General Conditions: warehouse or storage space; Representations (7) Disposal of "your product", but We will not disclaim coverage under this only to the extent that specific Coverage Part if you fail to disclose all hazards methods of destruction other than existing as of the inception date of the policy those employed for trash provided such failure is not intentional. discarding or disposal are 9, Unintentional Failure to Notify required to avoid "bodily injury" The following"property damage" as a result is added to SECTION II of such disposal, LIABILITY, E. Liability and Medical Expenses General Conditions, 2. Duties in the Event of you incur exclusively for the purpose Occurrence,Offense, Claim or Suit: of recalling "your product"; and Your rights afforded under this Coverage Part b. Your lost profit resulting from such shall not be prejudiced if you fail to give us "covered recall". notice of an"occurrence", offense, claim or"suit", f. This Product Recall Expense Coverage does solely due to your reasonable and documented not apply: belief that the "bodily injury", "property damage" or "personal and advertising injury" is not covered under this Policy. ALL OTHER TERMS,CONDITIONS,AND EXCLUSIONS REMAIN UNCHANGED. 391-1006 OB 16 Includes copyrighted materials of Insurance Services Offices, Inc.,with its permission. Page 6 of 6 • THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART A. The following is added to SECTION II - Primary and Non-Contributory LIABILITY COVERAGE, Paragraph A.1. Who Is If you agree in a written contract, written An Insured: agreement or written permit that the insurance Additional Insured if Required by Contract provided to a person or organization who If you agree in a written contract, written qualifies as an additional "insured" under agreement or written permit that a person or SECTION II - LIABILITY COVERAGE, Paragraph organization be added as an additional A.1. Who Is An Insured, subparagraph "insured" under this Coverage Part, such Additional Insured if Required by Contract is person or organization is an "insured"; but only primary and non-contributory, the following to the extent that such person or organization applies: qualifies as an"insured" under paragraph A.1.c. The liability coverage provided by this Coverage of this Section. Part is primary to any other insurance available If you agree in a written contract, written to the additional "insured" as a Named Insured. agreement or written permit that a person or We will not seek contribution from any other organization be added as an additional insurance available to the additional "insured" "insured" under this Coverage Part, the most except: we will pay on behalf of such additional (1) For the sole negligence of the additional "insured" is the lesser of: "insured"; or (1) The Limits of Insurance for liability coverage (2) For negligence arising out of the ownership, specified in the written contract, written maintenance or use of any "auto" not owned agreement or written permit; or by the additional "insured" or by you, unless (2) The Limits of Insurance for Liability that "auto" is a "trailer" connected to an Coverage shown in the Declarations "auto" owned by the additional "insured" or applicable to this Coverage Part. by you; or Such amount shall be part of and not in addition (3) When the additional "insured" is also an to the Limits of Insurance shown in the additional "insured" under another liability Declarations applicable to this Coverage Part. policy. Regardless of the number of covered "autos", C. This endorsement will apply only if the "insureds", premiums paid, claims made or "accident" occurs: vehicles involved in the "accident",the most we 1. During the policy period; will pay for the total of all damages and "covered pollution cost or expense" combined 2. Subsequent to the execution of the written resulting from any one "accident" is the Limit of contract or written agreement or the Insurance for Liability Coverage shown in the issuance of the written permit; and Declarations. 3. Prior to the expiration of the period of time B. The following is added to SECTION IV - that the written contract, written agreement BUSINESS AUTO CONDITIONS, Paragraph B. or written permit requires such insurance to General Conditions, subparagraph 5. Other be provided to the additional "insured". Insurance: D. Coverage provided to an additional "insured" will not be broader than coverage provided to any other"insured" under this Coverage Part. ALL OTHER TERMS,CONDITIONS,AND EXCLUSIONS REMAIN UNCHANGED. 461-0478 12 12 includes copyrighted material of ISO Insurance Services Office,Inc.,with its permission Page 1 of 1