FIRST AMENDMENT TO THE AGREEMENT FOR PROJECT SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND SANCON TECHNOLOGIES, INC.
THIS FIRST AMENDMENT TO THE AGREEMENT FOR PROJECT SERVICES (" First Amendment") is made between the City of Redondo Beach, a chartered municipal corporation City") and Sancon Technologies, Inc., a California corporation (" Contractor" or Consultant").
WHEREAS, on April 16, 2019, the parties entered into the Agreement for Project Services between the City and Contractor (the "Agreement"); and
WHEREAS, the Agreement is set to expire on April 15, 2024 ; and WHEREAS, the cost for certain services have increased; and WHEREAS, the parties desire to amend the Agreement to extend the term of the Agreement and provide additional compensation.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. SCOPE OF SERVICES. Exhibit "A" of the Agreement is hereby amended to add Exhibit "A- 1" to add Manhole and Structure Rehabilitation services. Exhibit "A- 1" is attached hereto and incorporated by reference.
2. SCHEDULE FOR COMPLETION. Exhibit "B" of the Agreement is hereby amended to add Exhibit "B- 1", which extends the Agreement to October 17, 2027. Exhibit " B- 1" is attached hereto and incorporated by reference. Contractor shall commence and complete all services described in Exhibits " A" and " A- 1" of the Agreement in accordance with the schedule set forth in Exhibit "B- 1".
3. COMPENSATION. Exhibit " C" of the Agreement is hereby amended to add Exhibit C- 1" to increase the rates for CCIP installation and add rates for Manhole and Structure Rehabilitation, and related services; and increase Contractor's total compensation limit by $ 1, 000,000 for a total compensation limit of $2, 870,000. Exhibit C- 1" is attached hereto and incorporated by reference. Contractor shall be compensated for the services described in Exhibits "A" and "A- 1" of the Agreement.
4. NO OTHER AMENDMENTS. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement and this First Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement and this First Amendment, the terms of this First Amendment shall govern.
IN WITNESS WHEREOF, the parties have executed this First Amendment in Redondo Beach, California, as of this 17' day of January, 2023.
CITY OF REDONDO BEACH,
a chartered municipal corporation
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DocuSigned by:
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William C. Brand, Mayor
ATTEST:
DocuSigned by:
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Eleanor Manzano, City Clerk
APPROVED AS TO FORM:
EDocuSigned by:
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Michael W. Webb, City Attorney
SANCON TECHNOLOGIES, INC.,
a California corporation
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Signed by:
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By. 6234AF77C5643C ..
Name:
Title: vice President
APPROVED:
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DocuSigned by:
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Diane Strickfaden, Risk Manager
EXHIBIT "A- 1"
PROJECT DESCRIPTION AND SCOPE OF SERVICES
CONTRACTOR' S DUTIES. Contractor shall perform on- call services for the maintenance and repair of the storm drain and wastewater conveyance Systems as set forth below.
A. Manhole and Structure Rehabilitation
Contractor shall provide all labor, materials, and equipment as to complete, in its entirety, the tasks described herein.
1. Materials. Contractor shall:
a. Provide lining material that is a two -component, 100% solid, non -solvent hybrid polyurethane coating, with a shore " D" hardness of 57 at 77 degrees Fahrenheit.
b. Ensure lining material shall meet or exceed the requirements of 210-
2. 3. 3 and 500-2.4. 10 of the Standard Specifications for Public Works Construction pertaining to Chemical Resistance and Physical Properties. c. Ensure the material shall be the high -build type capable of application thickness, as specified, without runs or sags, and shall be capable of passing ASTM D- 1737 for flexibility, using cylinder mandrel of 0. 5 inch
12.7 millimeter). The flash point of the fluid mixture shall be 450 degrees Fahrenheit open Zahn cup.
d. Store and maintain all supplies in accordance with manufacturer's recommendations. Materials shall not be exposed to adverse conditions prior to the work. Keep all materials in a secured area and away from public access. Review and maintain all Safety Data Sheets (SDS formally known as MSDS), product labeling, and technical literature at the project site.
2. Surface Preparation. Contractor shall:
a. Clean the floor and interior walls of the manholes and wet wells thoroughly and make them free of all foreign materials, including dirt, grit, roots, grease, sludge, and all debris or material that may be attached to the wall or floor of the manholes and wet wells.
b. Water blast all concrete surfaces to be coated to remove all deteriorated concrete.
c. Ensure water blasting equipment shall be a minimum pressure of 6, 000 psi and not include detergent or other chemical cleaning solvents in the process.
d. Remove all materials resulting from the cleaning of the manholes and wet wells prior to the application of the coating.
3. Leak Repair. Contractor shall:
a. After surface preparation and prior to concrete repair, stop all leaks in the existing manholes/wet wells by the injection of chemical grout as determined necessary by the City.
b. Ensure chemical grout used shall be compatible with all other materials used in the rehabilitation process.
4. Coating. Contractor shall:
a. Apply a recommended thickness of 1 to 3 mils of epoxy as the primer coat.
b. Apply a recommended minimum thickness of 80 mils of polyurethane shall be applied prior to the epoxy becoming tack free. The lining shall be applied over dry concrete to all interior surfaces as designated in the plans in one continuous coat, without seams, bubbles or pinholes.
5. Wet Well Rehabilitation. Contractor shall:
a. Maintain flow through each wet well during the coating rehabilitation process always.
b. Protect existing level controls (floats and transducers) located in each wet well from damage by the contractor during the rehabilitation process.
Ensure these level controls remain in operation throughout the coating process.
c. Report any damages done to the level controls immediately to the City and repair at no cost to the City.
4 EXHIBIT " B- 1"
SCHEDULE FOR COMPLETION
TERM. The term of this Agreement shall be extended to January 17, 2025, unless otherwise terminated as herein provided.
EXHIBIT " C- 1"
COMPENSATION
Provided Contractor is not in default under this Agreement, Contractor shall be compensated as provided below.
AMOUNT. Contractor shall perform the work for City in accordance with the following rate schedule, which is hereby incorporated. The rate schedule includes the unit cost for CIPP liners and any related work, as described in Exhibits "A" and A- 1". There shall be no additional cost, except for the cost of mobilization, traffic control, and hourly rates for work not related to CIPP liners, as set forth below.
A. CIPP Installation
1. CIPP Installation Price Per Linear Foot — Storm drain Cost:
Description Inches
Repair Length 12" 15" 18" 21" 24"
0- 100 feet 192 203 209 214 220
101- 150 feet 132 143 157 159 165
151- 200 Feet 110 121 132 137 143
201- 250 Feet 88 104 126 132 137
250 + feet 66 77 82 88 110
Additional CCTV (As
needed) 5 5 5 5 5
Cleaning (As needed) 15 15 25 25 25
2. CIPP Installation Price Per Linear Foot— Wastewater System Cost:
Description Inches
Repair Length 8" 10" 12"
0- 100 feet 132 181 198
101- 150 feet 115 137 143
151- 200 Feet 77 110 121
201- 250 Feet 55 82 99
250 + feet 33 55 82
Additional CCTV (As needed) 5 5 5
Heavy Cleaning (As needed) 10 10 10
3. Rehabilitation for Existing Manhole -Strom Drain System Cost:
Description Unit Unit Cost
Rehabilitation of existing manholes,
Cost + 10% 2, 750/ service request)
cementitious type VF 250
Rehabilitation of existing manholes,
Cost + 10% 4, 200 Daily
Brick type VF 300
4. Rehabilitation for Existing Manhole— Wastewater System Cost:
Description Unit Unit Cost
Rehabilitation of existing manholes,
Cost + 10% 2, 750/ service request)
cementitious type VF 400
Rehabilitation of existing manholes,
Cost + 10% 4, 200 Daily
Brick type VF 500
Rehabilitation of existing manholes,
Wet well ( max 6' dia) VF 2, 000
Replacement of Manhole Frame &
Cover (24" dia) EA F& C Cost + $ 2, 500
Bypass pumping 3 -6 -inch lay -flat
hose Per Hour 650
Bypass pumping 8 -inch lay -flat hose Per Hour 1000
B. Not Related to CIPP liner
1. Mobilization and Traffic Control
Description Cost Not to Exceed Amount (NTE)
Mobilization Cost + 10% 2, 750/service request)
Traffic Control Minor
Street Cost + 10% 2, 050 Daily
Traffic Control Major
Street Cost + 10% 4,200 Daily
TC plans w/ stamp for
Major Streets Cost + 10% 500/sheet
2. Hourly Rates for Work Not Related to CIPP Liners
Description Hourly Rate
Normal Business Hours ( M- F, 7AM:to 4PM) 220
After Hours Rate 245
Weekend Hourly Rate 245
Holiday Hourly Rate 245
C. Increase. Contractor may request an increase to the unit and hourly rates in accordance with the Consumer Price index for all urban consumers in the Los Angeles, Long Beach, and Anaheim as published by the Bureau of Labor Statistics. However, no increase shall be effective without the written approval of the City.
NOT TO EXCEED AMOUNT. In no event shall the total amount paid to Contractor, including reimbursable expenses, exceed $2, 870,000 during the term of the Agreement and any amendments thereto.
Budget
Wastewater
NTE Funding
Stormdrain
NTE Funding
FY 2022/ 2024 1, 000, 000 0
Subtotals 1, 000,000 0
Not to Exceed Amount Under First
Amendment
1, 000,000
Not to Exceed Amount Under Agreement 1, 870,000
Total Not to Exceed Amount 2, 870,000
III. METHOD OF PAYMENT. Contractor shall provide monthly invoices to City for approval and payment for those services performed in the month prior to invoice submission. Invoices must include the following information.
A. Task number or Section number of Exhibits "A" to "A- 1 ".
B. All personnel who performed work.
C. Description of the work performed.
D. Number of hours worked
E. Hourly rate.
F. All City approved and documented subcontractor invoices.
G. If applicable, expenses incurred.
Invoice must be itemized, adequately detailed, based on accurate records, in a form reasonably satisfactory to City, and attach the prior written authorization of the City and copies of receipts to substantiate expense requests. Contractor may be required to provide back-up material upon request. If no work is performed in a given month, no invoice is required.
IV. SCHEDULE FOR PAYMENT. City agrees to pay Contractor within thirty days of City' s receipt of Contractor's monthly invoice; provided that services are completed to the City's reasonable satisfaction and there is no dispute over the amount.
V. NOTICE. Written notices to City and Contractor shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties
Contractor: Sancon Technologies, Inc.
5841 Engineer Drive
Huntington Beach, CA 92649
Attention: Chuck Parsons
Citv: City of Redondo Beach
Public Works Department, Engineering Division
415 Diamond Street
Redondo Beach, CA 90277
Attention: City Engineer
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail.
Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
A " CERTIFICATE OF LIABILITY INSURANCE
DATE ( MM /DD/YYYY)
x/ 27/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER Patriot Risk & Insurance Services
CONTACT
NAME:
2415 Campus Drive, Suite #200
Irvine, CA 92612
PHONE
AIC No Ext): 949 486-7900 a , No
ADDRESS: E- MAIL
INSURER(S) AFFORDING COVERAGE NAIC #
INSURERA: Hartford Fire Insurance Company www.patrisk.com OK07568 19682
INSURED
Sancon Technologies Inc.
5841 Engineer Dr.
Huntington Beach CA 92649
INSURER B: Hartford Casualty Insurance Company 29424
INSURERC: Navigators Specialty Insurance Company 36056
INSURER D: Scottsdale Insurance Company 41297
INSURER E:
INSURER F:
300, 000
COVERAGES CERTIFICATE NUMBER: 70502203 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR LTR TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD POLICY NUMBER
POLICY EFF
MM/ DD/YYYY
POLICY EXP
MM/ DD/YYYY LIMITS
A COMMERCIAL GENERAL LIABILITY 72UEACI4418 10/ 1/ 2022 10/ 1/ 2023 EACH OCCURRENCE 1, 000, 000
CLAIMS -MADE OCCUR
DAMAGE TO
PREMISESEa
RENTED
300, 000
5, 000 Deductible MED EXP ( Any one person) 10, 000
PERSONAL & ADV INJURY 1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2, 000, 000 ROPOLICY ECT [::] LOC PRODUCTS - COMP/OPAGG 2, 000, 000 OTHER:
A AUTOMOBILE LIABILITY 72UEACI4419 10/ 1/ 2022 10/ 1/ 2023 COMBINED SINGLE LIMIT Ea accident 1, 000, 000
ANY AUTO BODILY INJURY (Per person)
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY ( Per accident)
PROPERTY DAMAGE
Per accident
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
B UMBRELLALIAB OCCUR 72HHACI3468 10/ 1/ 2022 10/ 1/ 2023 EACH OCCURRENCE 10, 000, 000 AGGREGATE 10, 000, 000 EXCESS LIAB CLAIMS -MADE
DED RETENTION $ 10, 000
A WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANYPROPRIETOR/ PARTNER/EXECUTIVEE.L.
72WEAAUOTGJ 10/ 1/ 2022 10/ 1/ 2023/
TATUTE
EACH ACCIDENT 1, 000, 000
OFFICER/ MEMBER EXCLUDED? N/ A
Mandatory in NH) E. L. DISEASE- EA EMPLOYEE 1, 000, 000 If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT 1, 000, 000 C Pollution Liability SF22ECPZOCBLVQN 10/ 1/ 2022 10/ 1/ 2023 1, 000, 000 Each Incident/$2, 000,000 Agg D Installation Floater RBS0179062 10/ 1/ 2022 10/ 1/ 2023 250,000 Any one Job Site D Rented/ Leased Equipment RBS0179062 10/ 1/ 2022 10/ 1/ 2023 100,000 Any one item DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Job #T19064 - Annual As -Needed Contract for the Maintenance and Repair of the Stormdrain and Wastewater Conveyance Systems. The City of Redondo Beach, its officers, elected and appointed officials, employees, and volunteers are Included as Additional Insured. Said Insurance is Primary Non -Contributory. Additional Insured Endorsements per attached. Cancellation Provision also enclosed.
CERTIFICATE HOLDER CANCELLATION
City of Redondo Beach
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 415 Diamond Street ACCORDANCE WITH THE POLICY PROVISIONS.
Redondo Beach CA 90277
AUTHORIZED REPRESENTATIVE
Dave Jacobson i
ACORD 25 (2016/03)
1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
70502203 1 22- 23 GL/ Auto/ Umb/ WC/ Poll/ ICS I Tina Kennedy 1 9/ 27/ 2022 10: 03: 12 AM ( PDT) I Page 1 of 17 This certificate cancels and supersedes ALL previously issued certificates.
POLICY NUMBER: 72UEAC14418
Sancon Technologies Inc.
it
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - OPTION I
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organ izations :
Designated Project(s) Or Location(s)
Of Covered Operations:
All, except Additional Insureds that are insured under a separate additional insured endorsement on this policy
Information required to complete this Schedule if not shown above, will be shown in the Declarations.
A. With respect to those person( s) or organization( s) shown in the Schedule above when you have
agreed in a written contract or written agreement
to provide insurance such as is afforded under this
policy to them, Subparagraph f., Any Other
Party, under the Additional Insureds When
Required By Written Contract, Written
Agreement Or Permit Paragraph of Section II —
Who Is An Insured is replaced with the following:
f. Any Other Party
Any other person or organization who is not
an insured under Paragraphs a. through e.
above, but only with respect to liability for
bodily injury", " property damage" or "personal
and advertising injury" caused, in whole or in
part, by your acts or omissions or the acts or
omissions of those acting on your behalf:
1) In the performance of your ongoing
operations for such additional insured at
the project(s) or location( s) designated in
the Schedule;
2) In connection
by or rented
Schedule; or
Form HS 24 80 07 13
with your premises owned
to you and shown in the
3) In connection with " your work" for the
additional insured at the project(s) or
location( s) designated in the Schedule
and included within the " products -
completed operations hazard", but only if:
a) The written contract or written
agreement requires you to provide
such coverage to such additional
insured at the project(s) or location( s)
designated in the Schedule; and
b) This Coverage Part provides
coverage for " bodily injury" or
property damage" included within the
products -completed operations
hazard".
The insurance afforded to the additional
insured shown in the Schedule applies:
1) Only if the " bodily injury" or " property
damage" occurs, or the " personal and
advertising injury" offense is committed:
a) During the policy period; and
b) Subsequent to the execution of such
written contract or written agreement;
and
2013, The Hartford
Includes copyrighted material of Insurance Services Office, Inc., with its permission.) 70502131 - 23 GL/ Auto/ Umb/ WC/ Poll/ ICS I Tina Kennedy 1 9/ 27/ 2022 10: 03: 1 ACS ( PDT) I Page 2 of 17 This certificate cancels and supersedes ALL previously issued certificates.
c) Prior to the expiration of the period of
time that the written contract or written
agreement requires such insurance
be provided to the additional insured.
2) Only to the extent permitted by law; and
3) Will not be broader than that which you
are required by the written contract or
written agreement to provide for such
additional insured.
With respect to the insurance afforded to the
person( s) or organization( s) that are additional
insureds under this endorsement, the
following additional exclusion applies:
This insurance does not apply to " bodily
injury", " property damage" or " personal and
advertising injury" arising out of the rendering
of, or the failure to render, any professional
architectural, engineering or surveying
services, including:
1) The preparing, approving, or failing to
prepare or approve maps, shop drawings,
opinions, reports, surveys, field orders,
change orders, designs or specifications;
or
2) Supervisory, inspection, architectural or
engineering activities.
The limits of insurance that apply to the additional
insured shown in the Schedule are described in the
Limits Of Insurance section.
How this insurance applies when other insurance is
available to the additional insured is described in the Other Insurance Condition in Section IV —
Commercial General Liability Conditions, except as
otherwise amended below.
B. With respect to insurance provided to the
person( s) or organization( s) that are additional
insureds under this endorsement, the When You
Add Others As An Additional Insured To This
Insurance subparagraph, under the Other
Insurance Condition of Section IV — Commercial
General Liability Conditions is replaced with the
following:
When You Add Others As An Additional
Insured To This Insurance
a) Primary Insurance When Required By
Contract
This insurance is primary if you have agreed
in a written contract or written agreement that
this insurance be primary. If other insurance
is also primary, we will share with all that
other insurance by the method described in
Paragraph ( c) below. This insurance does not
apply to other insurance to which the
additional insured in the Schedule has been
added as an additional insured.
b) Primary And Non -Contributory To Other
Insurance When Required By Contract
This insurance is primary to and will not seek
contribution from any other insurance
available to an additional insured under your
policy provided that:
i) The additional insured in the Schedule is
a Named Insured under such other
insurance; and
ii) You have agreed in a written contract or
written agreement that this insurance
would be primary and would not seek
contribution from any other insurance
available to the additional insured in the
Schedule.
c) ( Method Of Sharing
If all of the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach, each
insurer contributes equal amounts until it has
paid its applicable limit of insurance or none of
the loss remains, whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
All other terms and conditions in the policy remain
unchanged.
705022031 - 23 GL/ Auto/ Umb/ WC/ Poll/ IM I Tina Kennedy 1 9/ 27/ 2042 10: 03: 1 AM ( PDT) I Page 3 of 17 This certificate cancels and supersedes ALL previously issued certificates. 72UEAC14418
Sancon Technologies Inc.
Our obligation to defend an insured' s indemnitee
and to pay for attorneys' fees and necessary
litigation expenses as Supplementary Payments
ends when:
a. We have used up the applicable limit of
insurance in the payment of judgments or
settlements; or
b. The conditions set forth above, or the terms of
the agreement described in Paragraph f.
above, are no longer met.
SECTION 11— WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the conduct
of a business of which you are the sole
owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c. A limited liability company, you are an
insured. Your members are also insureds, but
only with respect to the conduct of your
business. Your managers are insureds, but
only with respect to their duties as your
managers.
d. An organization other than a partnership, joint
venture or limited liability company, you are
an insured. Your " executive officers!' and
directors are insureds, but only with respect to
their duties as your officers or directors. Your
stockholders are also insureds, but only with
respect to their liability as stockholders.
e. A trust, you are an insured. Your trustees are
also insureds, but only with respect to their
duties as trustees.
2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your " volunteer workers" only while
performing duties related to the conduct of
your business, or your " employees", other
than either your "executive officers" (if you are
an organization other than a partnership, joint
venture or limited liability company) or your
managers ( if you are a limited liability
company), but only for acts within the scope
of their employment by you or while
performing duties related to the conduct of
your business.
However, none of these " employees" or
volunteer workers" are insureds for:
1) " Bodily injury" or "personal and advertising
injury":
a) To you, to your partners or members (if
you are a partnership or joint venture),
to your members ( if you are a limited
HG 00 01 09 16
liability company), to a co -"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other " volunteer
workers" while performing duties
related to the conduct of your
business;
M To the spouse, child, parent, brother or
sister of that co -"employee" or that
volunteer worker" as a consequence
of Paragraph (1)( a) above;
c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because
of the injury described In Paragraphs
1)( a) or ( 1)( b) above; or
d) Arising out of his or her providing or
failing to provide professional health
care services.
If you are not in the business of providing
professional health care services:
a) Subparagraphs ( 1)( a), ( 1)( b) and ( 1)( c)
above do not apply to any " employee"
or "volunteer worker" providing first aid
services; and
b) Subparagraph ( 1)( d) above does not
apply to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.
2) " Property damage" to property:
a) Owned, occupied or used by,
b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by
you, any of your " employees", " volunteer
workers", any partner or member ( if you
are a partnership or joint venture), or any
member ( if you are a limited liability
company).
b. Real Estate Manager
Any person ( other than your " employee" or
Volunteer worker"), or any organization while
acting as your real estate manager.
c. Temporary Custodians Of Your Property
Any person or organization having proper
temporary custody of your prop" if you die,
but only:
1) With respect to liability arising out of the
maintenance or use of that property; and
2) Until your legal representative has been
appointed.
d. Legal Representative If You Die
Your legal representative if you die, but only
1( p01VO 2- 2 ' 01: 1) 3fea2R PIMN( PPTQa, e PMjfl Yf 17 This Certificate cancels and supersedes ALL previously issued certificates.
with respect to duties as such. That
representative will have all your rights and
duties under this Coverage Part.
e. Unnamed Subsidiary
Any subsidiary, and subsidiary thereof, of
yours which is a legally incorporated entity of
which you own afinancial interest o/ more
than 5096 of the voting stock on the effective
date ofthe Coverage Part,
The insurance afforded herein for any
subsidiary not named in this Coverage Part
asanamed insured does not apply to injury
ordamage with respect towhich such insured
is also named insured under another policy
o/ would be a named insured under such
policy but for its termination orthe exhaustion
of its limits of insurance
3. Newly Acquired OrFormed Organization
Any organization you newly acquire or fmrm,
other than a partnenship, joint venture or limited
liability onmpmny, and over which you maintain
financial interest of more than 5094 of the voting
shmck, will qualify as a Named Insured if there is
no other similar insurance available to that
organization. However:
a. Coverage under this provision iaafforded only
until the 18Othday after you acquire or form
the organization or the end of the policy
period, whichever isearlier"
b. Coverage does not apply to " bodily injury"
or " property damage" that occurred before
you acquired nrformed the organization; and
c. Coverage Bdoes not apply to " personal and
advertising injury~ arising out of an offense
committed before you acquired or formed the
organization.
4. Nonowned Watercraft
VTjth respect to watercraft you do not own that is
less than 61 feet long and is not being used to
carry persons for a oharge, any person is an
insured while operating such watercraft with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the watercraft, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, moperson ororganization isaminsured
with respect to:
a. " Bodily injury" to a co -"employee" of the
person operating the watercraft; or
b. '' Property damaga" to pnnPedy owned by,
rented to, inthe charge oforoccupied byyou
or the employer of any person who is an
insured under this provision.
5. Additional Insureds When
Permit
The following person( s) ororgmnizmUon( s) are an
additional insured when you have agreed' in e
written contract, written agreement orbecause of
apermit issued byastate prpolitical subdivision,
that such person ororganization beadded auan
additional insured on your pn|icy, provided the
injury or damage occurs subsequent to the
execution ofthe contract oragreement,
A person ororganization is an additional insured
under this provision only / or that Period of time
required hythe contract oragreement.
However, no such person or organization is an
insured under this provision if such person or
organization is included as an insured by an
endorsement issued by oa and made a part of
this Coverage pert.
a' Vendors
Any person( s) ormganiza8on(s) ( referred to
below as vendor), but only with respect to
bodily injury" or " property damage" arising
out of" your products" which are distributed or
sold in the regular course of the vendor' s
business and only if this Coverage Part
provides coverage for " bodily injury" or
property damage" included within the
prod ucts-comp|etedoperations hazavd"
1) The insurance afforded the vendor is
subject to the following additional
exclusions:
This Insurance does not apply to:
a) " Bodily injury" or" property damage" for
which the vendor is obligated to pay
damages byreason ofthe assumption
of liability in a contract or agreement.
This exclusion does not apply to
Uabi|fty for damages that the vendor
would have in the absence of the
contract oragreement;
b) Any express warranty unauthorized by
c) Any physical cxchemical change |nthe
product made intentionally by the
vendor;
hd) Repackaging. except when unpacked
solely for the purpose of inspection,
demonstradnn, tesbmA, or the
substitution of parts under instructions
from the manufacturer, and then
repackaged inthe original oonnainec
e) Any failure to make such innpecUoms,
adjustments, tests orservicing aothe
vendor has agreed tomake ornormally
vffm m li m: to
HG 00 010916
undertakes to make in the usual
course of business, in connection with
the distribution or sale of the products;
f) Demonstration, Installation, servicing
or repair operations, except such
operations performed at the vendor's
premises in connection with the sale of
the product;
g) Products which, after distribution or
sale by you, have been labeled or
relabeled or used as a container, part
or ingredient of any other thing or
substance by or for the vendor; or
h) " Bodily injury" or " property damage"
arising out of the sole negligence of the
vendor for Its own acts or omissions or
those of its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
1) The exceptions contained in Subparagraphs (d) or (f); or Ii) Such inspections, adjustments,
tests or servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products.
2) This insurance does not apply to any
insured person or organization, from
whom you have acquired such products,
or any ingredieM part or container,
entering Into, accompanying or containing
such products.
b. Lessors Of Equipment
1) Any person(s) or organization(s) from
whom you lease equipment; but only with
respect to their liability for " bodily injury",
property damage" or " personal and
advertising injury" caused, in whole or in
part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s).
2) With respect to the insurance afforded to
these additional insureds this insurance
does not apply to any " occurrence" which
takes place after the equipment lease
expires.
c. Lessors Of Land Or Premises
Any person or organization from whom you
lease land or premises, but only with respect
to liability arising out of the ownership,
maintenance or use of that part of the land or
premises leased to you.
With respect to the insurance afforded these
additional Insureds the following additional
exclusions apply:
HG 00 0109 16
This insurance does not apply to:
1. Any " occurrence" which takes place after
you cease to lease that land; or
2. Structural alterations, new construction or
demolition operations performed by or on
behalf of such person or organization.
d. Architects, Engineers Or Surveyors
Any architect, engineer, or surveyor, but only
with respect to liability for " bodily injury",
property damage" or " personal and
advertising injury" caused, In whole or in part,
by your acts or omissions or the acts or
omissions of those acting on your behalf:
1) In connection with your premises; or
2) In the performance of your ongoing
operations performed by you or on your
behalf.
With respect to the Insurance afforded these
additional insureds, the following additional
exclusion applies:
This Insurance does not apply to " bodily
injury", " property damage" or " personal and
advertising injury" arising out of the rendering
of or the failure to render any professional
services by or for you, including:
1. The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
2. Supervisory, Inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that Insured, if the " occurrence" which
caused the " bodily injury" or " property
damage", or the offense which caused the
personal and advertising injury", involved the
rendering of or the failure to render any
professional services by or for you.
e. Permits Issued By State Or Political
Subdivisions
Any state or political subdivision, but only with
respect to operations performed by you or on
your behalf for which the state or political
subdivision has issued a permit.
With respect to the insurance afforded these
additional insureds, this insurance does not
apply to:
1) " Bodily Injury", " property damage" or
personal and advertising injury" arising
out of operations performed for the state
or municipality; or
7" nMM II 22- 1" CC3Il/YAl1trgJ/ h4hlib/rWRY/@ts1711/ IIMI' iln7fc IQ. en " isiuic ly9ll2:// Jd11J1P C P2i HL: CQ: i7'AT12f @pT1( FID7Pwa' Eifg- F XT 17 This certificate cancels and supersedes ALL previously issued certificates.
2) " Bodily injury" or " property damage"
included within the " products -completed
operations hazard".
E Any Other Party
Any other person or organization who is not
an additional insured under Paragraphs a.
through e. above, but only with respect to
liability for " bodily injury", " property damage"
or "personal and advertising injury" caused, In
whole or In part, by your acts or omissions or
the acts or omissions of those acting on your
behalf.
1) In the performance of your ongoing
operations;
2) In connection with your premises owned
by or rented to you; or
3) In connection with " your work" and
included within the " products -completed
operations hazard", but only if
a) The written contract or agreement
requires you to provide such coverage
to such additional Insured; and
b) This Coverage Part provides coverage
for "bodily Injury" or "property damage"
Included within the " products -
completed operations hazard".
However:
1) The insurance afforded to such additional
insured only applies to the extent
permitted by law; and
2) If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such
additional Insured.
With respect to the insurance afforded to
these additional insureds, this insurance does
not apply to:
Bodily Injury", " property damage" or
personal and advertising injury" arising out of
the rendering of, or the failure to render, any
professional architectural, engineering or
surveying services, including:
1) The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
2) Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing In the supervision, hiring,
employment, training or monitoring of others
by that insured, if the " occurrence" which
caused the " bodily injury" or " property
damage", or the offense which caused the
personal and advertising injury". involved the
rendering of or the failure to render any
professional services by or for you.
The limits of insurance that apply to additional
insureds is described in Section 111 — Limits Of
Insurance.
How this insurance applies when other insurance
Is available to the additional insured is described
In the Other Insurance Condition in Section IV —
Commercial General Liability Conditions.
No person or organization is an insured with respect
to the conduct of any current or past partnership,
joint venture or limited liability company that is not
shown as a Named Insured in the Declarations.
SECTION III —LIMITS OF INSURANCE
1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most we
will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. General Aggregate Limit
The General Aggregate Limit is the most we will
pay forthe sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except
damages because of " bodily injury" or
property damage" included in the " products -
completed operations hazard-, and
c. Damages under Coverage B.
3. Products -Completed Operations Aggregate
Limit
The Products -Completed Operations Aggregate
Limit is the most we will pay under Coverage A
for damages because of " bodily Injury" and
property damage" included in the " products -
completed operations hazard".
4. Personal And Advertising Injury Limit
Subject to 2. above, the Personal and
Advertising Injury Limit Is the most we will pay
under Coverage B for the sum of all damages
because of all " personal and advertising injury"
sustained by any one person or organization.
b. Each Occurrence Limit
Subject to 2. or 3. above, whichever applies, the
Each Occurrence Limit is the most we will pay for
the sum of:
a. Damages under Coverage A; and
7RITLTM II ZZ- ZJ %4//A9VWi 1JW/W// Z0X11/ RDT nau JK" qj Sft, H, 9/ 123YZ a:2381; A:b JV4 A4 P$')( FI)` 1 ja418 X?g Of7 3,Z 17 This certificate cancels and supersedes ALL previously issued certificates.
HIS 00 010916
contract or written agreement that this
insurance is primary and non- contributory
with the addftiona| inaured' sown insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a^ and b' apply hn you or to any
additional insured only when such
bncurrenoe^. offense, claim ur" suit' isknown
to
1) You or any additional insured that is an
individual;
2) Any partner, if you or the additional
insured isapartnership,-
3) Any manuger, if you or the additional
insured ixalimited liability oonmpany
NU Any " executive offime/' or insurance
manager, ifyou urthe additional insured is
aoorpooaUon.
Any bustee, if you or the additional
insured isotrustox
6) Any elected or appointed officia|, if you or
the additional insured is a political
subdivision orpub|icenUty.
This duty applies separately to you and any
additional insured.
I Legal Action Against Un
Noperson mrorganization has aright under this
Coverage Part
a. To join us as a party or otherwise bring us
into o '' suit' asking for damages from an
insured; or
b. Tosue usonthis Coverage Part unless all of
its terms have been fully complied with.
Aperson ororganization may sue usto recover
on an agreed settlement or on a final judgment
against an insured, but we will not be liable for
damages that are not payable under the terms of
this Coverage Pad or
that are in excess of the applicable limit of
insurance. An agreed settlement means a
settlement and release of liability signed by us,
the insured and the claimant or the o|aimanfs
legal representative.
4. Other Insurance
J If other valid and collectible insurance is
available Uathe insured for oloss wecover under
Coverages A or B of this Coverage Part, our
obligations are limited asfollows:
a. Primary Insurance
This insurance is primary except when b'
below applies. If other insurance is also
pdmary, we will share with all that other
insurance by the method described in c.
b. Excess insurance
This insurance iaexcess over any ofthe other
msuranoe, whether phmary, excess,
contingent oronany other basis:
1) Your Work
That is Finy, Extended Cuvenage, Builder' s
Risk. Installation Risk or similar coverage
for "your m/ orh^;
2) Premises Rented TuYou
That is fine. lightning or explosion
insurance for premises rented to you or
temporarily occupied by you with
permission o[ the om/ ner
3) Tenant Liability
That is insurance purchased by you to
cover your liability as o tenant for
prnperty damage" to premises rented to
you or temporarily occupied by you with
permission ofthe mmner
4) Aircraft, Auto Or Watercraft
If the loss arises out ofthe maintenance or
use of aircraft, "autos" orwatercraft to the
extent not subject to Exclusion y. of
Section | — Coverage A — Bodily Injury
And Property Damage Liability;
5) Property Damage To Borrowed
Equipment OrUse OyElevators
fthe loss arises out nf" property damage"
to borrowed equipment or the use of
elevators to the extent not subject to
Exclusion j. of Section | - Covenage A -
Bodily Injury And Property Damage
Liability;
6) When You Are Added AsAnAdditional
Insured TmOther Insurance
Any other insurance available to you
covering liability for damages arising out
of the premises or operations, or products
and completed mpe/ odoms, for which you
have been added asanadditional insured
bythat insurance; or
7) When You Add C) khena As An
Additional Insured ToThis Insurance
Any other insurance available to an
additional insured.
Mowevar, the hd| mming provisions apply to
other insurance available tnany person mr
organization who is on additional insured
under this coverage part.
a) Primary Insurance When Required
By Contract
This insurance is primary if you have
agreed in evohMen contract or written
agreement that this insurance be
primary. If other insurance is also
m muL14tors1t17
HG 00 01 09 16
primary, we will share with all that
other insurance by the method
described in c. below.
b) Primary And Non -Contributory To
Other Insurance When Required By
Contract
If you have agreed in a written
contract, written agreement, or permit
that this insurance is primary and noncontributory with the additional insured' s own insurance, this insurance
is primary and we will not seek
contribution from that other insurance.
Paragraphs ( a) and ( b) do not apply to
other insurance to which the additional
insured has been added as an additional
insured.
When this insurance is excess, we will have
no duty under Coverages A or B to defend
the insured against any " suit" if any other
insurer has a duty to defend the insured
against that "suit'. If no other insurer defends,
we will undertake to do so, but we will be
entitled to the insured' s rights against all
those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of.
1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
2) The total of all deductible and self-insured
amounts under all that other insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the Declarations
of this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach each
insurer contributes equal amounts until it has
paid its applicable limit of insurance or none
of the loss remains, whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurers share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
HG 00 01 0916
6. Premium Audit
a. We will compute all premiums for this
Coverage Part in accordance with our rules
and rates,
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only.
At the close of each audit period we will
compute the earned pre ' mium for that period
and send notice to the first Named Insured.
The due date for audit and retrospective
premiums is the date shown as the due date
on the bill. If the sum of the advance and
audit premiums paid for the policy period is
greater than the earned premium, we will
return the excess to the first Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such
times as we may request,
6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
1) The statements in the Declarations are
accurate and complete;
2) Those statements are based upon
representations you made to us; and
3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose Hazards
If unintentionally you should fail to disclose all
hazards relating to the conduct of your
business that exist at the inception date of
this Coverage Part, we shall not deny
coverage under this Coverage Part because
of such failure.
7. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned in
this Coverage Part to the first Named Insured,
this insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
claim is made or "suit" is brought.
Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has tights to recover all or part
of any payment, including Supplementary
Payments, we have made under this
Coverage Part, those rights are transferred to
us. The insured must do nothing after loss to
I ZZ—Vl / 1141' 11 nf i ` 7 9/ 2 ot 23 10 t, b 344 2 ( KYTS ( Fblfa Cie P*, D t 12 17 This certificate cancels and supersedes ALL previously issued certificates.
impair them. Atour request, the insured will
bring ^ mud. ortransfer those rights to us and
help usenforce them.
b. Waiver Of Rights Of Recovery (Waiver Of
If the insured has waived any rights of
recovery against any person or organization
for all or part of any payment, including
Supplementary Paymentm, we have made
under this Coverage pah, we also waive that
right, provided the insured waived their rights
of recovery against such person or
organization in a oontrad, agreement or
permit that was executed prior to the injury or
damage.
S. When VVeDuNot Renew
fwadecide not torenew this Coverage Part, wo
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
nonrenewal not less than 30 days before the
expiration date.
If notice is mai|ed, proof of mailing will be
sufficient proof ofnotice.
SECTION V— DEFINITIONS
1. " Advertisement" means the widespread public
dissemination of information or images that has
the purpose of inducing the sale of goods,
products orservices through:
a. ( 1) Radio;
2) Television;
3) Billboard;
Magazine;
5) Newspaper; or
b. Any other publication that isgiven widespread
public distribution,
However, "ed* ertimament" does not include:
a. The deaign, printed mateha|, information or
Images contained in, on or upon the
packaging or labeling of any goods or
products; or
b. An interactive onnmsmadon between or
among persons through ecomputer network.
2. " Advertising idea" means any idea for an
advertisement".
3. " Asbestos hazard" moans an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence ofasbestos inany form.
4. ~ Auto" meana
m. A land motor vehicle, trailer or semitrailer
designed for travel on public uxads, including
any attached machinery o, equipment: nr
b. Any other land vehicle that is subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law where it is
licensed nrprincipally garaged.
However, " auto" does not include "' mobile
aquipmanf.
5. ~ Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the
above, mental anguish cxdeath adany time.
6. " Coverage territory" means:
a. The United States of America ( including its
territories and possessions), Puerto Rico and
Canada;
b. International waters or airnpooe, but only if
the injury ordamage occurs inthe course of
travel or transportation between any places
included ina. ebove or
c. All other parts of the world if the injury or
damage arises out of:
i) Goods or products made or sold by you in
the territory described in a. above;
2) The activities of person whose home is
in the territory described in a. above' but is
away for a short time onyour businesa mr
3) " Personal and advertising injury" offenses
that take place through the Internet or
similar electronic means cfcommunication
provided the insured`a responsibility to pay
damages is determined in the United States of
America ( including its territories and possessions),
Puerto Rico or Canada, in a " suit" on the merits
according tothe substantive |avv in such territory or
inasettlement wveagree to.
7. " Employee" includes a " leased worker".
Employee" does not include a " temporary
worker".
8. ° Employ ment-RelatedPractices" means:
a. Refusal hsemploy that person;
b. Termination ofthat person' s employment; or
c. Emp|myment- no| a* ad pnauhnas, poUciea, acts
or omissions, such as coercion, demotion,
eva| uahon, reass|gmment, discip|ine,
defamation, hanassment, humi|iadon,
discrimination or malicious prosecution
directed etthat person.
9. " Executive officer" means aperson holding any
of the officer positions unsabod by your charter,
oonsbtution, by-laws or any other similar
governing document.
10.'' Hos0m fine" means one which becomes
uncontrollable or breaks out from where it was
intended to be.
NoonPI' m J & Z- Zl 17
HGDDD1 D3 16
72osAo14418
Sancon Technologies Inc.
When performing operations as a ^ o* nere|
contractor", the term that particular part shall not
mean the entire construction, improvement or
renovation project. For purposes ofthis provision,
the term " general contractor" means the contractor
signing the prime construction contract for a
construotion, erection, improvement or renovation
project and that has main responsibility for such
project including hiring all of the subcontractors and
suppliers.
4. CONTRACTORS LIMITED PROFESSIONAL
LIABILITY
The following exclusion is added to Paragraph 2.,
Exclusions of Section ( - Coverage A ' Bodily
Injury And Property Damage Liability, and to
Paragraph 2.. Exclusions ofSection |- Coverage
B- Ponsona| AndAdvertising Injury Liability:
This insurance does not apply to " bodily injury",
property damage" or " personal and advertising
injury" arising out of the rendering of or failure to
render any professional services by you with
respect to your providing engineering, architectural
or surveying oen/io* s in your capacity as on
engineer. architect orsurveyor.
Professional services include:
1) The preparing, approving, orfailing toprepare
or approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders,
ordrawings and specifications; and
2) Supervisory or inspection activities performed
as a part of any related architectural or
engineering activities.
This exclusion applies even if the claims against
any insured allege negligence orother wrongdoing
in the supervision, hiring, emp| oyment, training or
monitoring of others by that insuned, if the
occurrence" which caused the " bodily injury" or
property damaQo", or the offense which caused
the " personal and advertising iniury", involved the
rendering of orfailure to render any professional
services by you with respect to your providing
engineering, architectural orsurveying services in
your capacity aoonengineer, architect orsurveyor.
This exclusion does not apply toyour operations in
connection with construction work performed by
you oronyour behalf.
However, this exception tothe exclusion will not
apply if you are in the business or profession of
providing the professional services described
above independent from the construction work
performed byyou oronyour behalf.
In the event this insurance applies to any injury,
damage, | oss, cost or expense covered by
Professional Liability insurance issued by a
company unaffiliated with us, then the insurance
afforded under this Coverage Part is excess over
such other valid and collectible Professional
Liability insurance (including any deductible orselfinsured retention portion thereof, and any other valid and collectible insurance available to the
insured whether primary, excess, contingent oron
any other basis.
5. PER PROJECT AND PER LOCATION GENERAL
AGGREGATE LIMITS {] FINSURANCE
A. For all sums which the insured becomes legally
obligated to pay as damages caused by
onnurranoes" under Section | ~ Cuverage A,
and for all medical expenses caused by
accidents under Section ( - Coverage C.
which can be attributed only to ongoing
operations at o single " project" or a single
1. Aseparate Per Project General Aggregate
Limit ore separate Per Location General
Aggregate Limit applies toeach '' pnoject"
pr''| ocation". whichever ioapplicable. The
Per Project General Aggregate Limit and
Per Location Aggregate Limit isequal to
the amount ofthe General Aggregate Limit
shown inthe Declarations.
2. The Per Project General Aoopagohe Limit
or the Per Location General Aggregate
Linoit, whichever app|ies, is the most we
will pay for the sum of all damages under
Coverage /\. except damages because of
bodily injury" or " property damage"
included in the " prod ucts-oomp|ebad
operations hazard'', and for medical
expenses under Coverage Cregardless of
the number of;
a. Insureds;
b. Claims made or^ suits^ brought; or
c. Persons or organizations making
claims or bringing ' suits"
3. Any payments made under Coverage A
for damages or under Coverage C for
medical expenses shall reduce the Per
Project General Aggregate Limit for that
pnojeot" or the Per Location General
Aggregate for that "| ooahon^, whichever
applies. Such payments shall not reduce
the General Aggregate Limit shown inthe
Declarations, the Per Project General
Aggregate Limit for any other " project", or
the Per Location General Aggregate Limit
for any other ^|ooation"
4. The limits shown in the Declarations for
Each {} ooununna. Damage To Premises
Rented To You and Medical Expense
continue to opp|y. However, instead of
7030218 u 22- 23 17
being subject to the General Aggregate
Limit shown in the Declarations, such limits
will be subject to the applicable Per Project
General Aggregate Limit if attributable only
to ongoing operations at a single " project"
or the Per Location General Aggregate if
attributable only to ongoing operations at a
single "location".
S. For all sums which the insured becomes legally
obligated to pay as damages caused by
occurrences" under Section I - Coverage A
and for all medical expenses caused by
accidents under Section I - Coverage C ,
which cannot be attributed only to ongoing
operations at a single " project" or a single
location";
1. Any payments made under Coverage A
for damages or under Coverage C for
medical expenses shall reduce the amount
available under the General Aggregate
Limit or the Products -Completed
Operations Aggregate Limit, whichever is
applicable, and
2. Such payments shall not reduce any Per
Project General Aggregate Limit or any Per
Location General Aggregate Limit.
C. When coverage for liability arising out of the
products -completed operations hazard" is
provided, any payments for damages because
of "bodily injury" or "property damage" included
in the "products -completed operations hazard"
will reduce the Products -Completed
Operations Aggregate Limit, and not reduce
the General Aggregate Limit,or any Per
Project General Aggregate Limit or any Per
Location General Aggregate Limit.
D. The provisions of Section III - Limits Of
Insurance not otherwise modified by this
endorsement shall continue to apply as
stipulated.
E. For the purposes of Paragraph 5., the following
definitions apply:
Project" means a premises an insured does
not own or rent and where such insured
performs construction -related operations'
Each " project" involving the same or
connecting lots, or premises whose connection
is separated by a street, roadway, waterway,
railroad or right-of-way shall be considered a
single "project".
1. If a " project" has been abandoned and
then restarted, or if the authorized
contracting parties deviate from plans,
blueprints, designs, specifications or
timetables, the " project" shall be
considered a single " project". " Project"
does not include a premises that is a
location".
Form HS 24 5012 20
2. " Location" means a premises an insured
owns or rents and where such insured
performs business operations other than
construction -related operations. Each
location" involving the same or connecting
lots, or premises whose connection is
separated by a street, roadway, waterway
or right-of-way railroad shall be considered
a single " location." " Location" does not
include a premises that is a " project'.
This provision does not apply if the Per Project and the Per Location General Aggregate Limit has been
otherwise modified by endorsement.
6. MEDICAL PAYMENTS COVERAGE - INCLUDING
PRODUCTS -COMPLETED OPERATIONS
Paragraph I.a. of the Insuring Agreement -
Coverage C is replaced by the following:
1. Insuring Agreement
a. We will pay medical expenses as
described below for "bodily injury" caused
by an accident:
1) On premises you own or rent;
2) On ways next to premises you own or
rent;
3) Because of your operations; or
4) Included within the definition of the
products -completed operations
hazard;"
provided that:
1) The accident takes place in the
coverage territory" and during the
policy period;
2) The expenses are incurred and
reported to us within three years of the
date of the accident; and
3) The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
7. INJURY TO EMPLOYEE' S REPUTATION WITH
RESPECT TO INCIDENTAL MEDICAL
MALPRACTICE
A. The following is added to Paragraph 1. e. of the
Insuring Agreement - Coverage A:
3) With respect to incidental medical
malpractice, " bodily injury' includes
damages claimed for injury to emotions or
reputation of an " employee" arising out of
the rendering or failure to render
professional health care services as a
physician, dentist, nurse, emergency
medical technician or paramedic services.
7(>MM1i ZZ -21 t[ T nrmWMeh,, ariK-wn 942V/Z= c& 23FIU-1 3PA4 A PDT) ( Pt) Maqe P2;- otlf 3 17 This certificate cancels and supersedes ALL previously issued certificates.
72UEACH41g
Sancon Technologies Inc.
COMMERCIAL AUTOMOBILE
HAS81GO312
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM
EUDOTSEMEUT
This endorsement modifies insurance providedunder the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the " insured" than other provisions ofthe Coverage Form, the provisions ofthis endorsement apply.
1. BROAD FORM INSURED . Any " employee" of yours while using a A. Subsidiaries and Navv|y Acquired or covered ~ auto" you don' t own, hire or Formed Organizations borrow in your business or your
n*ona| a air
The Named Insured shown in the p .
Declarations isamended toinclude: C. Lessors as Insureds 1) Any legal business entity other than m
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 60Y6 on
the effective date ofthe Coverage Form.
However, the Named Insured does not
include any subsidiary th' t
is an
inmured" under any other automobile
policy or would be an " insured" under
such o policy but for its termination or
the exhaustion ofits Limit ofInsurance.
2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However.
the Named Insured does not include any
newly formed oracquired organization:
m) That is a partnership or joint
venture,
b) That ixmn" insured" under any other
policy,
c) That hes exhausted its Limit of
Insurance under any other policy, or
d) 180 days or more after its
acquisition or formation by you,
unless you have given us notice of
the acquisition orformation.
Coverage does not apply to " bodily
injury" or '' property damage" that results
from an " acoident" that occurred before
you formed oracquired the organization.
S. Employees as Insureds
Paragraph A. 1. - VVHO IS AN INSURED ' of
SECTION || - LIABILITY COVERAGE is
amended to add:
Paragraph A. 1. WHO |SANINSURED of
Section || - Liability Coverage is amended to
e. The lessor cfa covered " auto" while the
autV" is leased to you under written
agreement if:
1) The agreement requires you to
provide direct primary insurance for
the lessor and
2) The "auto" isleased without adriver.
Such a ( eased " auto" will be considered a
covered " auto" you own and not covered
auto" you hire.
D. Additional Insured if Required by Contract
1) Paragraph A. 1. - VVHO IS AN INSURED
of Section U - Liability Coverage is
amended to add:
f. When you have agreed, in awritten
contract orwritten agreement, that a
person or organization be added as
an additional insured on your
business auto po|icy, such person or
organization is an " insured", but only
to the extent such person or
organization is liable for " bodily
injury" or " property damage" caused
bythe conduct ofan" ineured'' under
paragraphs o or b. of Who Is An
Insured with regard to the
mwnerahip, maintenance or use of
covered "auto."
The Hartford ( Includes copyrihted material
mm, m` z z`/ z // zn T" 9' 27/ 2022 10: 03: 12 ADI pon I '^ m" o. ao The insurance afforded to any such
additional insured applies only if the
bodily injury" or " property damage~
ocoursi
1) During the policy period, and
2) Subsequent tothe execution ofsuch
written contract, and
3) Prior to the expiration of the period
of time that the written nuntreo1
requires such insurance be provided
to the additional insured.
How Limits Apply
If you have agreed in o written contract
or written agreement that another
person or organization boadded os an
additional insured on your po|icy, the
most we will pay on behalf of such
additional insured isthe lesser of:
m) The limits of insurance specified in
the written contract or vvhMen
agreement; or
b) The Limits of Insurance shown in
the Declarations.
Such amount shall be a part of and not
n addition to Lknho of Insurance shown
in the Declarations and described in this
Section.
3) Additional Insureds Other Insurance
if we cover e claim or " suit" under this
Coverage Part that may also becovered
by other insurance available to an
additional insured, such additional
insured must submit such claim or " suit"
to the other insurer for defense and
indemnity.
However, this provision does not apply
to the extent that you have agreed in a
written contract or written agreement
that this insurance is primary and noncontributory with the additional inaured' e own insurance.
4) Duties in The Event Of Acuident, Claim,
Suit orLoss
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your po|iuy, the
additional insured eho|| be required to
comply with the provisions in LOSS
CONDITIONS 2. DUTIES IN THE
EVENT OF ACCIDENT, CLAIM . SUIT
OR LOSS — OF SECTION | V —
BUSINESS AUTO C(] ND| T|(} NS, in the
same manner asthe Named Insured.
E. Primary and Non -Contributory if
Required by Contract
Only with respect to insurance provided to
an additional insured in I. D. Additional
Insured If Required by Contract, the
following provisions apply:
3) Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in o written contract or vvhMom
agreement that this insurance be
primary. If other insurance is also
prinnary, we will share with all that other
insurance by the method described in
Other Insurance 5. d.
4) Primary And Non' ConthbubzryTo Other
Insurance When Required By Contract
If you have agreed in a written contract
or written agreement that this insurance
is primary and non- contributory with the
additional inyured' s own insurance, this
insurance is primary and we will not
aook contribution from that other
insurance.
Paragraphs ( 3) and ( 4) do not apply to other
insurance to which the additional insured
has been added as an additional insured.
When this insurance is excess, wewill have no
duty to defend the insured against any , suit" if
any other insurer has e duty to defend the
insured against that '' euiY'. If no other insurer
defends, we will undertake to do so, but wewill
be entitled to the insu, ed' m rights against all
those other insurers.
When this insurance is excess over other
insuranco, we will pay only our share of the
amount vfthe |oss, ifany, that exceeds the murn
of:
1) The total amount that all such other
insurance would pay for the loss in the
absence ofthis insurance; and
2) The total of all deductible and self-insured
amounts under all that other insurance.
We will share the remaining loss, if any, by the
method described inOther Insurance 6. d.
2. AUTOS RENTED BYEMPLOYEES
Any " auto" hired orrented byyour " employee"
on your behalf and at your direction will be
considered an " euto" you hire.
The OTHER INSURANCE Condition imamended
by adding the following:
mm, oz Qht |
This oc- L
z` z° m* aufp"n ," ~ ~ ^
4) Necessary for the normal
operation ofthe covered " au0z~ or
the monitoring of the covered
auto' m" operating system.
b. Secdnn U|— Version CA OO OY 03 10 of the
Business Auto Coverage Foxn, Physical
Damage Coverage. Limit of Insurance,
Paragraph O. 2 and Version CA0001 10 01 of
the Business Auk` Coverage Form, Physical
Damage Coverage, Lim it of Insurance,
Paragraph C are each amended to add the
following:
1. 500 is the most we will pay for "loss" in
any one '' accident" to all electronic
equipment (other than equipment designed
solely for the reproduction of sound, and
accessories used with such equipment)
that naproducen, receives or transmits
audio, visual or data signals which, at the
time of"| oso" is:
1) Permanently installed in or upon
the covered " auto" in a housing`
opening or other location that io not
normally used by the " auto"
manufacturer for the installation of
such equipment;
2) Removable from e permanently
installed housing unit as described
in Paragraph 2. a. above or is on
integral part Vfthat equipment; or
S) An integral part cfsuch equipmeni
c. For each covered " auto", should loss be limited
to electronic equipment only, our obligation to
pay for, repair, return or replace damaged or
stolen electronic equipment will be reduced by
the applicable deductible shown in the
DedaratiVna, or$ 25O. whichever deductible is
g. EXTRA EXPENSE ^ BROADENED
COVERAGE
UnderParagnaph&- COVERAGE- o[ SECTON
PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a ahz|on covered
auto'' k>you.
1O. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE ' ofSECTION
PHYSICAL DAMAGE COVERAGE, the
following iaadded:
No deductible applies to glass damage if the
glass is repaired rather than replaced.
11. TWO OR MORE DEDUCTIBLES
UnderParagraphD.- DEDUCTIBLE- ofSECTON
H - PHYSICAL DAMAGE COVERAGE. the
following is added:
If another Hartford Financial Services Group,
Inc. company policy orcoverage form that is not
anautomobile policy 0rcoverage form applies b`
the same "aooident^. the following applies:
1) If the deductible under this Business Auto
Coverage Form is the smaller ( or smallest)
deductible, itwill bewaived;
2) If the deductible under this Business Auk)
Coverage Form is not the smaller ( or
mmaUes; dedumhb| e, it will be reduced by
the amount of the smaller ( or smallest)
deductible.
12. AMENDED DUTIES IN THE EVENT OF
ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2. a. -
DUTIES IN THE EVENT OFACC|DENT.CLA|K4.
SUIT OR LOSS - of SECTION | V - BUSINESS
AUTO CONDITIONS that you must notify us of
an" acoident" applies only when the °acoident" is
known to:
1) You, Jyou are anindividual;
2) Apartner, ifyou are epartnership;
3) A member, if you are m limited liability
company; or
4) Amexecutive officer orinsurance manager, if
you are acorporation.
13. UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
Kyou unintentionally fail todisclose any hazards
existing at the inception date of your pclioy, we
will not deny coverage under this Coverage
Form because nfsuch failure.
14. HIRED AUTO - COVERAGE TERRITORY
Paragraph e. of GENERAL CONDITIONS 7. -
POLICY PER| OD, COVERAGE TERRITORY -
of SECTION | V - BUSINESS AUTO
CONDITIONS is replaced bythe following:
e. For short-term hired ~ aokos~, the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
insured' o'' responsibility h> pay damages for
bodily irjury" or " property damage" is
determined in m " suit," the " suit" is brought in
the United States ofAmerica, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement weagree to.
15. WAIVER 0F SUBROGATION
TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US - of SECTION | V -
BUSINESS AUTO CONDITIONS is amended by
adding the following:
ludes co o e material '
csn u. uc
Hartford,",
o
ru" °,"° °^« wr""°`°"« °°=
We waive any right of recovery we may have
against any person or organization with whom
you have a written contract that requires such
waiver because of payments we make for
damages under this Coverage Form.
16. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION V -
DEFINITIONS is replaced by the following:
Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.
17. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies
except as follows:
If we cancel for any reason other than
nonpayment of premium, we will mail or deliver
to the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.
18. HYBRID, ELECTRIC, OR NATURAL GAS
VEHICLE PAYMENT COVERAGE
In the event of a total loss to a " non -hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical
Damage Coverages are amended as follows:
a. lf the auto is replaced with a " hybrid" auto or
an auto powered solely by electricity or natural
gas, we will pay an additional 10%, to a
maximum of $2, 500, of the "non -hybrid" auto' s
actual cash value or replacement cost,
whichever is less,
b. The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of "loss,"
c. Regardless of the number of autos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
loss" is $ 10,000.
For the purposes of the coverage provision,
a. A "non -hybrid" auto is defined as an auto that
uses only an internal combustion engine to
move the auto but does not include autos
powered solely by electricity or natural gas.
b.A " hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.
19. VEHICLE WRAP COVERAGE
In the event of a total loss to an " auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:
In addition to the actual cash value of the " auto",
we will pay up to $ 1, 000 for vinyl vehicle wraps
which are displayed on the covered " auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one " loss" is $ 5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.
2011, The Hartford (Includes copyrighted material
70502203 1 22- 23 GI aut_ol Ur¢ bIVdC/_' OI.1/ IM Tina Kennedy_ ( - / 712D22 10:. 03: 2 .? M ( PDT). 1. age 6 of 1.7 This certificate cancels and supersedes ALL previously issued certificates.
MOR Ing I Wim
Policy Number: 72WEAAUOTGJ Endorsement Number.
Effective N7ate: 10/ 1/ 2022 Effective hour is the same as stated on the Information Page of the policy, Named Insured and Address: Sancon Technologies Inc.
5841 Engineer Dr.
Huntington Beach CA 92649
0 . 1 111 jj1!!! 1111!
F i
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«« be
premium otherwise due on «
W I- lI^.RF, REQUIRED BY W11,1' 1`" 1` I. N C. CifJ,rRAC'T 1) Printed in U. S.A,
2 % of the California workers' compensation
705022031 - 23 GL/ Auto/ U. b/ nC/ Poll/ IM I Tina Kennedy 1 9/ 27/ 2022 10: 03: 12 AM ( PDT) I Page 17 of 17 This certificate cancels and supersedes ALL previously issued certificates.
Policy Expiration Date: 10/ 1/ 2023