1 THIRD AMENDMENT TO THE AGREEMENT
FOR CONSULTING SERVICES BETWEEN THE CITY OF REDONDO BEACH AND ALBERT GROVER & ASSOCIATES, INC.
THIS THIRD AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES (“Third Amendment”) is made between the City of Redondo Beach, a chartered municipal corporation (“City”) and AGA Engineers, Inc., a California corporation (“Consultant”).
WHEREAS, on February 19, 2019, the City and Albert Grover & Associates, Inc. a California corporation (“Prior Consultant”) entered into the Agreement for Consulting Services between the City and Prior Consultant (the “Agreement”); and
WHEREAS, on July 7, 2020, the City, Consultant, and the Prior Consultant entered into a Consent to Assignment, through which the Prior Consultant formally transferred and assigned all rights and obligations under the Agreement to the Consultant; and WHEREAS, on December 1, 2020, the parties hereto entered into the First Amendment (the “First Amendment”) to extend the term to December 31, 2022, and to increase the Consultant’s total compensation to $200,000; and
WHEREAS, on December 13, 2022, the parties hereto entered into the Second Amendment (the “Second Amendment”) to extend the term to December 31, 2024, and to increase the Consultant’s total compensation to $300,000; and
WHEREAS, the parties hereto desire to further extend the term of the Agreement and provide additional compensation for the extended term.
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. GENERAL PROVISIONS.
Section 36 shall be added to the Agreement as follows:
36. Non-Discrimination. Consultant shall comply with all applicable federal, state, and local laws, ordinances, regulations, and codes prohibiting discrimination, including but not limited to the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the California Fair Employment and Housing Act.
Consultant shall not discriminate against any employee or applicant for employment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military and veteran status, or any legally protected characteristic. Consultant shall ensure that the evaluation and treatment of its employees and applicants for employment are free from such discrimination and harassment. Consultant shall include a similar non-discrimination provision in all subcontracts related to the performance of this Agreement. 2 2. SCOPE OF SERVICES. Exhibit “A” of the Agreement is hereby amended to delete Section II.C in its entirety.
3. TERM AND TIME OF COMPLETION. Exhibit “B” of the Agreement, as previously amended by Exhibits “B-1” and “B-2”, is hereby further amended to add Exhibit “B-3”, which is attached hereto and incorporated herein by reference. Exhibit “B-3” extends the Agreement term to December 31, 2026. Consultant shall commence and complete all services described in Exhibit “A” in accordance with the schedule set forth in Exhibit “B-3”.
4. COMPENSATION. Exhibit “C” of the Agreement, as previously amended by Exhibits “C-1” and “C-2”, is hereby amended to add Exhibit “C-3”, which is attached hereto and incorporated herein by reference. Exhibit “C-3” increases the total compensation limit by $100,000, setting a new total compensation limit of $400,000, and updates the notice provision. Consultant shall be compensated for the services described in Exhibit “A” of the Agreement.
5. NO OTHER AMENDMENTS. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement, First Amendment, Second Amendment, and this Third 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, First Amendment, Second Amendment, and this Third Amendment, the terms of this Third Amendment shall govern. [SIGNATURES ON NEXT PAGE]
3 IN WITNESS WHEREOF, the parties have executed this Third Amendment in Redondo Beach, California, as of this 17th day of December, 2024.
CITY OF REDONDO BEACH, AGA ENGINEERS, INC.,
a chartered municipal corporation a California corporation ___________________________ By: _______________________ James A. Light, Mayor Name: _______________________
Title: _______________________
ATTEST: APPROVED:
___________________________ ___________________________ Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
___________________________
Michael W. Webb, City Attorney
President
Chalap K. Sadam, President
4 EXHIBIT “B-3”
TERM AND TIME OF COMPLETION
TERM. The term of the Agreement shall be extended to December 31, 2026 (“Term”), unless otherwise terminated as herein provided.
5 EXHIBIT “C-3”
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
I. AMOUNT. Consultant shall perform the work for all City approved Task Proposal(s) in accordance with the attached hourly rate schedule, which is hereby incorporated by reference.
II. EXPENSES. Consultant shall be reimbursed for expenses in accordance with the attached schedule. If Consultant requires reimbursement for expenses not provided on the attached schedule, including but not limited to, mileage, reproduction costs, and subcontractor markup, Consultant shall not be reimbursed without a subsequent written amendment, which shall be at the sole discretion of the City.
III. NOT TO EXCEED AMOUNT. In no event shall the total amount paid to the Consultant, including reimbursable expenses, exceed $400,000 during the term of this Agreement.
IV. METHOD OF PAYMENT. Consultant 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.
B. All personnel who performed work on the Task.
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 the City. Invoices must attach the prior written authorization of the City and copies of receipts to substantiate expense requests. Consultant may be required to provide back-up material upon request. If no work is performed in a given month, no invoice is required.
Within the approved amount of each approved Task Proposal, and with the written approval of the City, a portion of the amount from the line item of the task may be allocated to another line item task so long as the total amount approved for the Task Proposal as described in Exhibit “A” in not exceeded.
V. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty (30) days after receipt of Consultant’s monthly invoice; provided, however, that services are completed to the City’s reasonable satisfaction and there is no dispute over the amount.
6 VI. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid, or personally served, and addressed to the following parties.
Consultant: AGA Engineers, Inc.
211 Imperial Highway, Suite 208
Fullerton, CA 92835
Attn: Chalap K. Sadam, P.E.
City: City of Redondo Beach
Public Works Department, Engineering Services Division
415 Diamond Street
Redondo Beach, CA 90277
Attn: Lauren Sablan, Acting City Engineer
All notices, including notices of address changes, provided under this Agreement are deemed received as follows: (1) on the third day after mailing if sent by registered or certified mail; or (2) upon personal delivery. 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 in accordance with this section.
7 Schedule of Hourly Rates
Effective January 1, 2025, to December 31, 2026
President / Executive Vice President $ 295
Vice President $ 270
Director of Project Development $ 250
Principal Transportation Engineer / Principal Engineer $ 250 Senior Design Engineer / Senior Transportation Engineer II $ 230 Senior Transportation Engineer I $ 220
Senior Project Engineer & Project Manager $ 210
Senior Project Engineer / Senior Associate $ 200
Transportation Engineer III / Advanced System Integrator $ 200 Transportation Engineer II $ 190
Transportation Engineer I / Senior System Integrator $ 180 Senior Signal Systems Specialist / Construction Inspector $ 180 Design Engineer/Signal Systems Specialist III $ 170
Associate Transportation Engineer III / Systems Engineer II $ 165 Associate Transportation Engineer II / Signal System Specialist II $ 155 Signal System Specialist I / Project Coordinator $ 145
Associate Transportation Engineer I / Associate Engineer II / Systems Engineer I
$ 145
Associate Engineer I / Signal Technician II $ 135
Assistant Engineer / Assistant Project Coordinator $ 130 Signal Technician I $ 120
Transportation Engineering Assistant $ 110
Engineering Aide III $ 100
Traffic Enumerator / Engineering Aide II $ 85
Engineering Aide I $ 75
Council/Commission Meetings, Hearings, etc. (Billing Rate + $50 Surcharge) $ 1,000 Subconsultants will be billed at cost plus 20%
AGA Engineers, Inc.
211 Imperial Highway, Suite 208, Fullerton, CA 92835
(714) 992-4592 E-Mail: [email protected]
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
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).
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.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
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. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
7/8/2024
IOA Insurance Services
130 Vantis, Suite 250
Aliso Viejo, CA 92656
949-297-5962 949-297-5960
www.ioausa.com CA License #0E67768 RLI Insurance Company 13056 RSUI Indemnity Company 22314
Continental Casualty Company 20443
A PSB0008919 7/1/2024 7/1/2025 1,000,000
1,000,000 Blanket AI and
✓
Prim/NonCon Endt
10,000
✓
1,000,000
#PPB3040212; Blanket Wvr ✓ Primary/Non-Contributory
2,000,000
✓ Waiver of Subrogation of Subr Endt #BP04970106
2,000,000
Professional Services
✓
✓ ✓
Deductible 0
performed by the Insured
A PSA0002928 7/1/2024 7/1/2025 1,000,000
✓
Blanket AI, Prim/NonCon
and Blanket Wvr of Subr
included on pg 2 of Form
✓ ✓ #PPA3000313
✓ Prim/NonCon Wvr of Subr Deductible 0
B ✓ NHA601729 7/1/2024 7/1/2025 2,000,000
2,000,000 ✓ Follow Form; Excl Prof
Liability ✓ 0
A PSW0004954 7/1/2024 7/1/2025 ✓
USL&H Included; 1,000,000 Y Blanket Waiver of
Subrogation Endt 1,000,000
#WC0403060484 1,000,000
C Professional Liability MCH591940711 7/1/2024 7/1/2025 $3,000,000 Each Claim Claims-Made $3,000,000 Annual Aggregate
$25,000 Each Claim Deductible
(AVC) Alicia K. Igram
Betty Tran
[email protected]
Deductible - $0
Form #PPB3161113
✓
are Excluded
AGA Engineers, Inc.
211 E. Imperial Hwy., Suite 208
Fullerton CA 92835
80851759
✓ ✓
✓ ✓
✓
General Liability (GL) and Automobile Liability, but only to the extent provided within the Endorsements noted above and attached. GL includes any person or organization that Insured is required to waive rights of recovery against in a written contract or agreement, but only to the extent All Traffic Engineering Services of the Insured
City of Redondo Beach
415 Diamond Street
Redondo Beach CA 90277
Any person or organization that Insured agrees in a contract or agreement requiring insurance to include, is an Additional Insured with respect to Separation of Insureds and Contractual Liability per limitations in the BusinessOwners' Coverage form. A Workers' Compensation Waiver is included for provided within the Endorsement noted above and attached. Coverage is subject to all policy terms, conditions, limitations and exclusions. 80851759 | 7/24-25 GL/AUTO/EXCESS/WC/PL Blanket Endts | Pauline Bingham | 7/8/2024 11:19:04 AM (PDT) | Page 1 of 19 ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:
LOC #:
AGENCY
CARRIER NAIC CODE
POLICY NUMBER
NAMED INSURED
EFFECTIVE DATE:
Description of Operations Continued: 30 Day Notice of Cancellation / 10 Days for NonPayment in accordance with policy provisions.
IOA Insurance Services AGA Engineers, Inc.
211 E. Imperial Hwy., Suite 208
Fullerton CA 92835
25 Certificate of Liability (03/16)
ATTACHMENT
HOLDER:
ADDRESS:
City of Redondo Beach
415 Diamond Street Redondo Beach CA 90277
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PSB0008919
80851759 | 7/24-25 GL/AUTO/EXCESS/WC/PL Blanket Endts | Pauline Bingham | 7/8/2024 11:19:04 AM (PDT) | Page 3 of 19 POLICY NUMBER: BUSINESSOWNERS
BP 04 97 01 06
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BP 04 97 01 06 © ISO Properties, Inc., 2004 Page 1 of 1 !
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
Named Insured:
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SCHEDULE
Name Of Person Or Organization:
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Paragraph K. Transfer Of Rights Of Recovery
Against Others To Us in Section III ñ Common
Policy Conditions is amended by the addition of the
following:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person or
organization and included in the "products-completed
operations hazard". This waiver applies only to the
person or organization shown in the Schedule above.
Any person or organization that you are required to waive rights of recovery against in a written contract or agreement, even if you have not entered in to a written contract with that person or organization.
PSB0008919
AGA Engineers, Inc.
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Policy Number: PSB0008919
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
APPLICABLE FORMS & ENDORSEMENTS
FORMS AND ENDORSEMENTS LISTED BELOW APPLY TO AND ARE MADE PART OF THIS POLICY AT TIME OF ISSUE.
Form Number Form Title
PPB101 01 22 RLIPack BUSINESSOWNERS COVERAGE FORM
PPB300 06 10 RLIPack ERISA ENDORSEMENT
PPB301 01 18 RLIPack FOR DESIGN PROFESSIONALS PROPERTY ENHANCEMENT PPB303 06 10 RLIPack ASBESTOS EXCLUSION
PPB304 02 12 RLIPack FOR PROFESSIONALS BLANKET ADDITIONAL INSURED
ENDORSEMENT
PPB306 06 10 RLIPack EXCLUSION - DESIGNATED OPERATIONS
PPB307 06 10 RLIPack DISCRIMINATION EXCLUSION
PPB310 06 10 RLIPack LEAD EXCLUSION
PPB312 09 13 RLIPack FOR DESIGN PROFESSIONALS PROFESSIONAL SERVICES
EXCLUSION
PPB313 02 12 RLIPack FOR PROFESSIONALS SCHEDULED ADDITIONAL INSURED
ENDORSEMENT
PPB316 11 13 RLIPack FOR DESIGN PROFESSIONALS LIABILITY ENHANCEMENT PPB318 02 15 RLIPack EQUIPMENT BREAKDOWN ENDORSEMENT
PPB319 11 10 RLIPack GREEN PROPERTY ENDORSEMENT
PPB361 01 22 RLIPack® PFAS EXCLUSION
PPK2107 05 11 RLIPACK NOTICE OF CANCELLATION OR NONRENEWAL
INCLUDING NONPAYMENT OF PREMIUM DESIGNATED PERSON
OR ORGANIZATION
BP0417 01 10 EMPLOYMENT-RELATED PRACTICES EXCLUSION
BP0497 01 06 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST
OTHERS TO US
BP0498 07 13 EMPLOYEE BENEFITS LIABILITY COVERAGE
BP0501 07 02 CALCULATION OF PREMIUM
BP0515 12 20 DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT BP0517 01 06 EXCLUSION - SILICA OR SILICA-RELATED DUST
BP0523 01 15 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM BP0577 01 06 FUNGI OR BACTERIA EXCLUSION (LIABILITY)
BP1203 01 10 LOSS PAYABLE CLAUSES
BP1506 05 14 EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR
PERSONAL INFORMATION (PERSONAL AND ADVERTISING INJURY
ONLY)
BP0155 07 20 CALIFORNIA CHANGES
ILF0001 04 22 SIGNATURE PAGE
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 80851759 | 7/24-25 GL/AUTO/EXCESS/WC/PL Blanket Endts | Pauline Bingham | 7/8/2024 11:19:04 AM (PDT) | Page 5 of 19 Policy Number: RLI Insurance Company
PPB 316 11 13 Page 1 of 7
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® FOR DESIGN PROFESSIONALS
LIABILITY ENHANCEMENT
SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A. First Aid And Good Samaritan Services
B. Supplementary Payments
C. Reasonable Force – Bodily Injury Or Property Damage
D. Non-Owned Watercraft
E. Canoes Or Rowboats
F. Damage To Premises Rented To You
G. Aircraft Chartered With Crew
H. Electronic Data Liability
I. Who Is An Insured – Newly Acquired Or Formed Organizations J. Who Is An Insured – Unnamed Partnership Or Joint Venture K. Additional Insured – Owner, Manager Or Lessor Of Premises Or Leased Equipment L. Additional Insured – State Or Political Subdivisions – Permits Related To Premises Or Operations M. General Aggregate Limit – Per Project Or Per Location N. Knowledge And Notice Of Occurrence Or Offense
O. Amended Bodily Injury Definition
P. Amended Insured Contract Definition – Construction Or Demolition Operations Within 50’ Of Railroad Q. Amended Personal And Advertising Injury Definition – Electronic Material R. Unintentional Omission
S. Waiver Of Transfer Of Rights Of Recovery Against Others To Us PSB0008919
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This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM – SECTION II – LIABILITY AND SECTION III AS IT PERTAINS TO LIABILITY ONLY
A. First Aid And Good Samaritan Services
1. The following is added to Section II A.1.
Business Liability Coverages
We will pay those sums that the insured
becomes legally obligated to pay as damages
because of “bodily injury” arising out of either the
rendering of or failure to render, “First Aid” or
“Good Samaritan Services” to any person. For
the purposes of this coverage grant, “First Aid”
or “Good Samaritan Services” will be deemed to
meet the definition of “occurrence”. For the
purposes of determining the applicable limits of
insurance, any act or omission together with all
related acts or omissions in the rendering of
“First Aid” or “Good Samaritan Services” to any
one person will be deemed one “occurrence”.
a. “First Aid” means initial care for medical
attention immediately following a “bodily
injury”.
b. “Good Samaritan Services” means medical
attention provided in an emergency and for
which no remuneration is demanded or
received.
2. The insurance provided by this provision shall
be excess over any valid and collectible other
insurance available to any insured whether
primary, excess, contingent or any other basis,
except for insurance purchased specifically by
you to apply in excess of the limits of Insurance
shown in the declarations for Business Liability.
B. Supplementary Payments
Section II A.1.f. Coverage Extension –
Supplementary Payments Paragraphs 1.(b) and
1.(d) are deleted and replaced with the following:
(b) Up to $2,500 for the cost of bail bonds required
because of accidents or traffic violations arising
out of any vehicle to which Business Liability
Coverage for “bodily injury” applies. We do not
have to furnish these bonds.
(d) All reasonable expenses incurred by the insured
at our request to assist in the investigation or
defense of the claim or “suit”, including actual
loss of earnings up to $500 a day because of
time off work.
C. Reasonable Force – Bodily Injury Or Property
Damage
Section II B.1.a. Exclusions, Expected Or
Intended Injury, is deleted and replaced by the
following:
a. Expected or Intended Injury
“Bodily Injury” or “property damage” expected or intended from the standpoint of the insured. This exclusion does not apply to
“bodily injury” or “property damage” resulting
from the use of reasonable force to protect
persons or property.
D. Non-Owned Watercraft
1. Section II B.1.g. Exclusions, Aircraft, Auto Or
Watercraft Subparagraph (2) is deleted and
replaced by the following:
(2) A watercraft you do not own that is:
(a) Up to seventy-five (75) feet long; and
(b) Not being used to carry persons or
property for a charge;
2. Only as respects to the insurance provided by
this provision C. Who Is An Insured is
amended to include as an insured any person
who, with your express consent uses the
watercraft.
3. The insurance provided by this provision shall
be excess over any valid and collectible other
insurance available to the insured, whether
primary, excess, contingent or on any other
basis, except for the insurance purchased
specifically by you to apply in excess of the
Limits of Insurance shown in the declarations for
this Coverage Part.
E. Canoes Or Rowboats
The following is added to the exceptions contained
in Section II B.1.g. Exclusions, Aircraft, Auto Or
Watercraft:
(6) Any non-motorized canoe or rowboat owned by
the insured. Only as respects to the insurance
provided by this provision C. Who Is An
Insured is amended to include as an insured
any person who, with your express consent,
uses any such canoe or rowboat.
F. Damage to Premises Rented to You
1. The last paragraph of Section II B.1. Exclusions – Applicable To Business Liability Coverage is deleted and replaced by the
following:
Exclusions c., d., e., f., g., h., i., k., l., m., n. and o. in SECTION II – LIABILITY do not apply to
damage by water, fire, explosion, lightning, or
smoke resulting from fire to premises while
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rented to you, or temporarily occupied by you
with permission by the owner. A separate
Damage To Premises Rented To You Limit of
Insurance applies to this coverage as described
in paragraph D. Liability And Medical
Expenses Limits of Insurance in SECTION II –
LIABILITY.
2. Section II F.9.a. Liability And Medical
Expenses Definitions, is deleted and replaced
by the following:
a. A contract for a lease of premises. However,
that portion of the contract for a lease of
premises that indemnifies any person or
organization for damage by water, fire,
explosion, lightning, or smoke resulting from
fire to premises while rented to you or
temporarily occupied by you with permission
of the owner is not an “insured contract”;
3. This provision does not apply if coverage for
Damage To Premises Rented To You is excluded by another endorsement to this policy.
G. Aircraft Chartered With Crew
1. The following is added to the exceptions
contained in Section II B.1.g. Exclusions,
Aircraft, Auto or Watercraft:
(6) Any non-owned aircraft chartered to you
with a crew including a pilot.
2. The insurance provided by this provision shall
be excess over any valid and collectible other
insurance available to the insured whether
primary, excess, contingent or on any other
basis, except for insurance purchased specifically by you to apply in excess of the Limits of Insurance shown in Declarations.
H. Electronic Data Liability
1. Section II B.1.q. Exclusions is deleted and
replaced by the following:
q. Electronic Data
Damages arising out of the loss of, loss of
use of, damage to, corruption of, inability to
access, disclosure of, display of, theft or
misappropriation of or inability to manipulate
“electronic data”. However this exclusion
does not apply to “Property Damage”.
2. The following definition is added to Section II F.
Liability And Medical Expenses Definitions:
“Electronic data” means information, facts or
programs stored as or on, created or used on, or
transmitted to or from computer software
(including systems and applications software),
hard or floppy disks, CD-ROMS, tapes, drives,
cells, data processing devices or any other
media which are used with electronically
controlled equipment.
3. For the purposes of the coverage provided by
this endorsement, Section II F. Liability And
Medical Expenses Definitions, Paragraph 17.
is deleted and replaced by the following:
17. “Property damage” means:
a. Physical injury to tangible property,
including all resulting loss of use of that
property. All such loss of use shall be
deemed to occur at the time of the
physical injury that caused it;
b. Loss of use of tangible property that is
not physically injured. All such loss of
use shall be deemed to occur at the
time of the “occurrence” that caused it;
or
c. Loss of, loss of use of, damage to,
corruption of, inability to access, or inability to manipulate “electronic data”, resulting from physical injury to tangible
property. All such loss of “electronic
data” shall be deemed to occur at the
time of the “occurrence” that caused it.
d. Property damage does not mean disclosure of, display of, or theft or misappropriation of electronic data however caused.
For the purposes of this insurance,
“electronic data” is not tangible property.
I. Who Is An Insured – Newly Acquired Or Formed
Organizations
The following is added to Section II C. Who Is An
Insured:
Any organization you newly acquire or form, other
than a partnership, joint venture or limited liability
company, over which you maintain ownership or
majority interest, will qualify as a Named Insured if
there is no other similar insurance available to that
organization. However:
1. Coverage under this provision is afforded only
until the one hundred eightieth (180th) day after
you acquire or form the organization or the end
of the policy period, whichever is earlier;
2. Coverage does not apply for “bodily injury” or
“property damage” that occurred before you
acquired or formed the organization.
3. Coverage does not apply for “personal and
advertising injury” arising out of an offense
committed before you acquired or formed the
organization.
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4. This provision does not apply to any
organization for which coverage is excluded by
another endorsement to this policy.
J. Who Is An Insured – Unnamed Partnership Or
Joint Venture
1. The last paragraph of Section II C. Who Is An
Insured is deleted and replaced by the
following:
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured
in the Declarations. However this limitation does
not apply to your liability with respect to your
conduct of the business of any current or past
partnership or joint venture:
a. That is not shown as a Named Insured in
the Declarations; and
b. In which you are a member or partner but
only if:
(i) Each and every member or partner in
that joint venture or partnership is not a
construction contractor; and
(ii) The joint venture or partnership is not
providing construction contracting
services.
2. This provision does not apply to any person or
organization for which coverage is excluded by
another endorsement to this policy.
3. The insurance provided by this provision shall
be excess over any valid and collectible other
insurance, whether primary, excess, contingent
or on any other basis, which is available
covering your liability with respect to your
conduct of the business of any current or past
partnership or joint venture that is not shown as
a Named Insured in the Declarations and which
is issued to such partnership or joint venture.
K. Additional Insured – Owner, Manager Or Lessor
Of Premises Or Leased Equipment
Section II C. Who Is An Insured is amended to
include as an insured:
1. Any person or organization that you have
agreed in a contract or agreement to include as
an additional insured on this policy, but:
a. Only with respect to liability for “bodily injury”
or “property damage” that occurs, or
“personal and advertising injury” caused by
an offense committed, after you have
entered into that contract or agreement; and
(1) Only if the “bodily injury”, “property damage” or “personal and advertising injury” is caused, in whole or in part, by you or
any person or organization performing
operations on your behalf, and arises
out of the ownership, maintenance or
use of that part of any premises leased
to you under that contract or agreement;
or
(2) The “bodily injury”, “property damage” or
“personal and advertising injury” is
caused, in whole or in part, by you or
any person or organization performing
operations on your behalf, and arises
out of the maintenance, operation or use
of equipment leased to you by such
additional insured.
2. The insurance provided to such additional insured under this provision is subject to the following:
a. The limits of insurance afforded to such
additional insured shall be the limits which
you agreed to provide in the contract or
agreement, or the limits shown in the
Declarations, whichever are less; and
b. The insurance afforded to such additional
insured does not apply:
(1) To any “bodily injury” or “property damage” that occurs, or “personal and advertising injury” caused by an offense
committed, after you cease to be a
tenant in that premises;
(2) To any structural alterations, construction or demolition operations performed by or on behalf of such additional
insured;
(3) To any premises for which coverage is
excluded by another endorsement to
this Coverage Part;
(4) To any “bodily injury” or “property damage” that occurs, or “personal and advertising injury” caused by an offense
committed, after the equipment lease
expires; or
(5) If the equipment is leased with an
operator.
3. This provision does not apply on any basis to
any person or organization for which coverage
as an additional insured specifically is added by
another endorsement to this policy.
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L. Additional Insured – State Or Political
Subdivisions – Permits Related To Premises Or
Operations
Section II C. Who Is An Insured is amended to
include as an insured:
1. Any state or political subdivision that has issued
a permit in connection with premises owned or
occupied by, or rented or loaned to, you, but
only with respect to “bodily injury”, “property
damage”, “personal and advertising injury”
arising out of the existence, ownership, use,
maintenance, repair, construction, erection or
removal of advertising signs, awnings, canopies,
cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations
for which that state or political subdivision has
issued such permit.
2. Any state or political subdivision that has issued
a permit, but only with respect to “bodily injury”,
“property damage”, “personal and advertising
injury” arising out of operations performed by
you or on your behalf for which that state or
political subdivision has issued such permit.
However, no such state or political subdivision is
an insured for:
a. “Bodily injury”, “property damage”, “personal
and advertising injury” arising out of operations performed for that state or political subdivision; or
b. “Bodily injury” or “property damage” included
within the “products-completed operations
hazard”.
M. General Aggregate Limit – Per Project Or Per
Location
Section II D. Liability And Medical Expenses
Limits of Insurance, Paragraph 4. Aggregate
Limits. is deleted and replaced by the following:
4. Aggregate Limits
The most we will pay for:
a. All “bodily injury” and “property damage” that
is included in the “products-completed
operations hazard” is twice the Liability and
Medical Expenses limit.
b. All:
(1) “Bodily injury” and “property damage”
except damages because of "bodily injury" or “property damage” included in the “products-completed operations
hazard”;
(2) Plus medical expenses;
(3) Plus all “personal and advertising injury”
caused by offenses committed;
is twice the Liability and Medical Expenses
limit.
The aggregate limit for all “bodily injury” and
“property damage”, medical expenses and
“personal and advertising injury” other than
“bodily injury” or “property damage” included in
the “products-completed operations hazard”
applies separately to each of your “projects”
away from premises owned by or occupied by
you or to each of your “locations” owned by or
occupied by you.
“Projects” mean an area away from premises
owned by or rented to you at which you are
performing operations pursuant to a contract or
agreement. For the purposes of determining the
applicable aggregate limit of insurance, each
“project” at the same “location” shall be
considered a single “project”.
For the purposes of this provision, “location”
means
1. Premises involving the same or connecting
lots;
2. Premises where connection is interrupted
only by a street, roadway, waterway or rightof-way of a railroad; or
3. Premises where operations are performed in
sections, stages or phases as a continuation
of the same contract or agreement, even if
the premises do not involve connecting lots.
Subject to Paragraph a. or b. above, whichever
applies, the Damage To Premises Rented To
You Limit is the most we will pay for damages
because of “property damage” to any one
premises, while rented to you, or in the case of
fire; explosion; lightning; smoke resulting from
such fire, explosion or lightning; or water while
rented to you or temporarily occupied by you
with permission of the owner.
The Limits of Insurance of SECTION II –
LIABILITY apply separately to each consecutive
annual period and to any remaining period of
less than twelve (12) months, starting with the
beginning of the policy period shown in the
Declarations, unless the policy period is
extended after issuance for an additional period
of less than twelve (12) months. In that case, the
additional period will be deemed part of the last
preceding period for purposes of determining the
Limits of Insurance.
N. Knowledge And Notice Of Occurrence Or
Offense
The following is added to Section II E. 2. Liability
and Medical Expenses General Conditions,
Duties In The Event of Occurrence, Offense,
Claim Or Suit:
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Notice of an “occurrence” or of an offense which
may result in a claim must be given as soon as
practicable after knowledge of the “occurrence” or
offense has been reported to you, one of your
“executive officers” (if you are a corporation), one of your partners who is an individual (if you are a
partnership), one of your managers (if you are a
limited liability company), one of your trustees who is an individual (if you are a trust), or an “employee”
(such as an insurance, loss control or risk manager
or administrator) designated by you to give such
notice.
Knowledge by any other “employee” of an “occurrence” or offense does not imply that you also have such knowledge.
Notice of an “occurrence” or of an offense which
may result in a claim will be deemed to be given as
soon as practicable to us if it is given in good faith as soon as practicable to your workers' compensation,
accident, or health insurer. This applies only if you
subsequently give notice of the “occurrence” or
offense to us as soon as practicable after you, one
of your “executive officers” (if you are a corporation), one of your partners who is an individual (if you are
a partnership), one of your managers (if you are a
limited liability company), one of your trustees who is an individual (if you are a trust), or an “employee”
(such as an insurance, loss control or risk manager
or administrator) designated by you to give such
notice discovers that the “occurrence” or offense
may involve this policy.
O. Amended Bodily Injury Definition
The definition of “bodily injury” in Section II F.3.
Liability And Medical Expenses Definitions is
deleted and replaced by the following:
“Bodily injury” means injury to the body, sickness,
disease, or death. “Bodily injury” also means mental
injury, mental anguish, emotional distress, pain and
suffering, or shock resulting from injury to the body,
sickness, disease or death of any person.
P. Amended Insured Contract Definition –
Construction Or Demolition Operations Within
50' Of Railroad
1. The definition of “insured contract” in Section II
F.9.c. Liability And Medical Expenses Definitions is deleted and replaced by the following:
c. Any easement or license agreement
2. The definition of “insured contract” in Section II
F.9.f.(1) Liability And Medical Expenses
Definitions is deleted.
3. The insurance provided by this provision shall
be excess over any valid and collectible Railroad
Protective Liability insurance available to an
insured , whether primary, excess, contingent or
on any other basis, except for the insurance
purchased specifically by you to apply in excess
of the Limits of Insurance shown in the
declarations for this Coverage Part.
Q. Amended Personal And Advertising Injury
Definition – Electronic Material
1. The definition of “personal and advertising
injury” in Section II F.14.d. Liability And
Medical Expenses Definitions is deleted and
replaced by the following:
d. Oral, written or electronic publication, in any
manner, of material that slanders or libels a
person or organization or disparages a
person’s or organization’s goods, products
or services;
2. The definition of “personal and advertising
injury” in Section II F.14.e. Liability And
Medical Expenses Definitions is deleted and
replaced by the following:
e. Oral, written or electronic publication, in any
manner, of material that violates a person’s
right of privacy;
3. Section II B.1.p.(2) Exclusions for Personal
And Advertising Injury is deleted and replaced
by the following:
(2) Arising out of oral, written or electronic
publication of material if done by or at the
direction of the insured with knowledge of its
falsity;
4. Section II B.1.p.(2) Exclusions for Personal
And Advertising Injury is deleted and replaced
by the following:
(3) Arising out of oral, written or electronic publication of material whose first publication took place before the beginning of the policy
period;
R. Unintentional Omission
The following is added to SECTION III – COMMON
POLICY CONDITIONS Paragraph C. Concealment,
Misrepresentation Or Fraud (BUT APPLICABLE
ONLY TO SECTION II – LIABILITY)
However as it pertains to Business Liability Coverage only, the unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy shall not
prejudice your rights under this insurance. This provision does not affect our right to collect additional premium or to exercise our right of cancellation or
nonrenewal in accordance with applicable insurance
laws or regulations.
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S. Waiver Of Transfer Of Rights Of Recovery
Against Others To Us
SECTION III – COMMON POLICY CONDITIONS
Paragraph K.2. Transfer of Rights of Recovery
Against Others to Us (BUT APPLICABLE ONLY
TO SECTION II – LIABILITY) is deleted and
replaced by the following:
2. Applicable to Business Liability Coverage:
We waive any rights of recovery we may have
against any person or organization because of
payments we make for “bodily injury”, “property
damage”, “personal injury and advertising injury”
arising out of:
a. Premises owned by you, temporarily occupied by you with permission of the owner, or leased or rented to you;
b. Ongoing and completed operations performed by you, or on your behalf, under a contract or agreement with that person or
organization;
c. Your “work”; or
d. “Your products”.
We waive these rights only where you have
agreed to do so as part of a contract or agreement entered into by you before the “bodily injury” or “property damage” occurs or the
“personal and advertising injury” offense is
committed.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 80851759 | 7/24-25 GL/AUTO/EXCESS/WC/PL Blanket Endts | Pauline Bingham | 7/8/2024 11:19:04 AM (PDT) | Page 12 of 19 Policy Number: RLI Insurance Company
Named Insured:
PPA 300 03 13 Page 1 of 5
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® BUSINESS AUTO ENHANCEMENT
SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A. Broad Form Named Insured
B. Employees As Insureds
C. Blanket Additional Insured
D. Blanket Waiver Of Subrogation
E. Employee Hired Autos
F. Fellow Employee Coverage
G. Auto Loan Lease Gap Coverage
H. Glass Repair – Waiver Of Deductible
I. Personal Effects Coverage
J. Hired Auto Physical Damage Coverage
K. Hired Auto Physical Damage – Loss Of Use
L. Hired Car – Worldwide Coverage
M. Temporary Transportation Expenses
N. Amended Bodily Injury Definition – Mental Anguish
O. Airbag Coverage
P. Amended Insured Contract Definition – Railroad Easement Q. Coverage Extensions – Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound
R. Notice Of And Knowledge Of Occurrence
S. Unintentional Errors Or Omissions
T. Towing Coverage
AGA Engineers, Inc.
PSA0002928
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This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A. Broad Form Named Insured
The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision:
Any business entity newly acquired or formed by you
during the policy period, provided you own fifty
percent (50%) or more of the business entity and the
business entity is not separately insured for Bus-iness Auto Coverage. Coverage is extended up to a
maximum of one hundred eighty (180) days following
the acquisition or formation of the business entity.
This provision does not apply to any person or
organization for which coverage is excluded by
endorsement.
B. Employees As Insureds
The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision:
Any “employee” of yours is an “insured” while using a
covered “auto” you don't own, hire or borrow in your
business or your personal affairs.
C. Blanket Additional Insured
The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision:
Any person or organization that you are required to
include as an additional insured on this coverage form
in a contract or agreement that is executed by you
before the “bodily injury” or “property damage” occurs
is an “insured” for liability coverage, but only for
damages to which this insurance applies and only to
the extent that person or organization qualifies as an
“insured” under the Who Is An Insured provision
contained in SECTION II – COVERED AUTOS
LIABILITY COVERAGE.
The insurance provided to the additional insured will
be on a primary and non-contributory basis to the
additional insured’s own business auto coverage if
you are required to do so in a contract or agreement
that is executed by you before the “bodily injury” or
“property damage” occurs.
D. Blanket Waiver Of Subrogation
The following is added to the SECTION IV – BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5.
Transfer Of Rights Of Recovery Against Others
To Us:
We waive any right of recovery we may have against
any person or organization to the extent required of
you by a contract executed prior to any “accident” or
“loss”, provided that the “accident” or “loss” arises out of the operations contemplated by such contract. The
waiver applies only to the person or organization
designated in such contract.
E. Employee Hired Autos
1. The following is added to the SECTION II –
COVERED AUTOS LIABILITY COVERAGE,
Paragraph A.1. Who Is An Insured Provision:
An “employee” of yours is an “insured” while
operating an “auto” hired or rented under a
contract or agreement in that “employee's” name,
with your permission, while performing duties
related to the conduct of your business.
2. Changes In General Conditions:
Paragraph 5.b. of the Other Insurance Condition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following:
b. For Hired Auto Physical Damage Coverage,
the following are deemed to be covered
“autos” you own:
(1) Any covered “auto” you lease, hire, rent
or borrow; and
(2) Any covered “auto” hired or rented by
your “employee” under a contract in that
individual “employee's” name, with your
permission, while performing duties
related to the conduct of your business.
However, any “auto” that is leased, hired,
rented or borrowed with a driver is not a
covered “auto”.
F. Fellow Employee Coverage
SECTION II – COVERED AUTOS LIABILITY
COVERAGE, Exclusion B.5. does not apply if you
have workers compensation insurance in-force
covering all of your employees.
G. Auto Loan Lease Gap Coverage
SECTION III – PHYSICAL DAMAGE COVERAGE,
C. Limit Of Insurance, is amended by the addition of
the following:
In the event of a total “loss” to a covered “auto” shown in the Schedule of Declarations, we will pay any
unpaid amount due on the lease or loan for a covered
“auto”, less:
1. The amount paid under the PHYSICAL
DAMAGE COVERAGE section of the policy; and
2. Any:
a. Overdue lease/loan payments at the time of
the “loss”;
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b. Financial penalties imposed under a lease for
excessive use, abnormal wear and tear or
high mileage.
c. Security deposits not returned by the lessor;
d. Costs for extended warranties, Credit Life
Insurance, Health, Accident or Disability
Insurance purchased with the loan or lease;
and
e. Carry-over balances from previous loans or
leases.
H. Glass Repair – Waiver Of Deductible
SECTION III – PHYSICAL DAMAGE COVERAGE,
D. Deductible is amended by adding the following:
No deductible for a covered “auto” will apply to glass
damage if the glass is repaired rather than replaced.
I. Personal Effects Coverage
The following is added to SECTION III – PHYSICAL
DAMAGE COVERAGE, A. Coverage, 4. Coverage
Extensions:
c. Personal Effects Coverage
In the event of a total theft loss of your covered
“auto” we will pay up to $400 for “loss” to wearing
apparel and other personal effects which are:
(1) Owned by an “insured”; and
(2) In or on your covered “auto”;
No deductible applies to Personal Effects
Coverage.
J. Hired Auto Physical Damage Coverage
The following is added to SECTION III – PHYSICAL
DAMAGE COVERAGE, A. Coverage, 4. Coverage
Extensions:
d. Hired Auto Physical Damage Coverage
If hired “autos” are covered “autos” for Liability
Coverage and this policy also provides Physical
Damage Coverage for an owned “auto”, then the
Physical Damage Coverage is extended to
“autos” that you hire, rent or borrow subject to the
following:
(1) The most we will pay for “loss” in any one
“accident” to a hired, rented or borrowed
“auto” is the lesser of:
(a) $60,000
(b) The actual cash value of the damaged or
stolen property as of the time of the
“loss”; or
(c) The cost of repairing or replacing the
damaged or stolen property with other
property of like kind and quality.
(2) An adjustment for depreciation and physical
condition will be made in the event of a total
“loss”.
(3) If a repair or replacement results in better
than like kind or quality, we will not pay for the
betterment.
(4) A deductible equal to the highest Physical
Damage deductible applicable to any owned
auto will apply.
(5) This Coverage Extension will not apply to:
(a) Any “auto” that is hired, rented or
borrowed with a driver; or
(b) Any “auto” that is hired, rented or
borrowed from your “employee”.
K. Hired Auto Physical Damage – Loss Of Use
The following is added to SECTION III – PHYSICAL
DAMAGE COVERAGE, A. Coverage, 4. Coverage
Extensions:
e. We will pay sums which you legally must pay to
the lessor of a covered “auto” which you have
leased without a driver for thirty (30) days or less
for the lessor’s loss of use of the covered “auto”,
provided:
(1) This insurance provides comprehensive,
specified causes of loss or collision covered
on the covered “auto”;
(2) The loss of use results from the covered
“auto” being damaged in an “accident” while
you are leasing it.
We will pay up to a maximum limit of $1,500 for
this covered extension.
L. Hired Car – Worldwide Coverage
The following is added to SECTION II – COVERED
AUTOS LIABILITY COVERAGE, A.2. Coverage
Extensions:
f. Hired Car – Worldwide Coverage
(1) We will pay all sums an “insured” legally must
pay as damages because of “bodily injury” or
“property damage” to which this insurance
applies, caused by an “accident” which
occurs outside of the United States of
America, the territories and possessions of
the United States of America, Puerto Rico
and Canada resulting from the maintenance,
or use of any covered “auto” of the private
passenger type you lease, hire, rent or
borrow without a driver for thirty (30) days or
less.
(2) With respect to any claim made or “suit”
instituted outside the United States of
America, the territories and possessions of
the United States of America, Puerto Rico,
and Canada:
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(a) You shall undertake the investigation,
settlement and defense of such claims
and “suits” and keep us advised of all
proceedings and actions.
(b) You will not make any settlement without
our consent.
(c) We will reimburse you:
(i) For the amount of damages because of liability imposed upon you by law on account of “bodily injury” or
“property damage” to which this
insurance applies, and
(ii) For all reasonable expenses incurred
with our consent in connection with
the investigation, settlement or
defense of such claims or “suits”.
Reimbursement for expenses will be
part of the Limit of Insurance for
liability coverage shown in the
Business Auto Coverage
Declarations, and not in addition to
such limits.
(3) The limit of Insurance for Liability Coverage
shown in the Business Auto Coverage
Declarations is the most we will reimburse
you for the sum of all damages imposed on
you, as set forth in paragraph 2.c. above, and
all expenses incurred by you arising out of
any single “accident” or “loss”.
(4) You must maintain the greater of the following primary auto liability insurance limits:
(a) Compulsory admitted insurance with
limits required to be in force to satisfy the
legal requirements of the jurisdiction
where the accident occurs; or
(b) Insurance limits required by law and
issued by a government entity or by an
insurer licensed or permitted by law to do
business in the jurisdiction where the
“accident” occurs; or
(c) Auto liability insurance limits of at least
$300,000 combined single limit or
$100,000 per person/$300,000 per accident Bodily Injury, $100,000 Property Damage.
If you fail to comply with the above, this
insurance is not invalidated. However, in the
event of a “loss”, we will pay only to the extent
that we would have been liable had you so
complied.
(5) The insurance provided by this coverage
extension is excess over any other collectible insurance available to you whether on a primary, excess contingent or any other
basis.
M. Temporary Transportation Expenses
SECTION III – PHYSICAL DAMAGE COVERAGE,
A.4. Coverage Extensions, subparagraph a.
Transportation Expenses is deleted and replaced
by the following:
a. Transportation Expenses
(1) We will pay up to a maximum of $1,500 for
temporary transportation expense incurred
by you because of Physical Damage to a
covered “auto”.
(2) We will pay only for those covered “autos” for
which you carry Comprehensive, Colli-sion or
Specified Case of Loss Coverage.
(3) We will pay only for those expenses incurred
by you during the period of time that begins
twenty-four (24) hours after the covered
“loss” and ends at the time when the covered
“auto” can be reasonable repaired or
replaced.
(4) This coverage does not apply while there are
spare or reserve “autos” available to you for
your operations.
N. Amended Bodily Injury Definition – Mental
Anguish
The following is added to SECTION V –
DEFINITIONS, Definition C.:
“Bodily injury” also includes mental anguish, but only
when the mental anguish arises from other bodily
injury, sickness or disease.
O. Airbag Coverage
The following is added to SECTION III – PHYSICAL
DAMAGE COVERAGE B. Exclusions 3.a.:
However, this exclusion will not apply to accidental
discharge of an airbag due to mechanical or electrical
breakdown.
P. Amended Insured Contract Definition – Railroad
Easement
SECTION V – DEFINITIONS paragraph H. “Insured
contact” is modified as follows:
1. Paragraph H.3. is replaced by the following:
3. Any easement or license agreement.
2. Paragraph H.6.a. is deleted.
Q. Coverage Extensions – Audio, Visual And Data
Electronic Equipment Not Designed Solely For
The Production Of Sound
SECTION III – PHYSICAL DAMAGE COVERAGE B.
Exclusions, exception paragraph a. to exclusion 4.c.
and 4.d. is deleted and replaced with the following:
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a. Equipment and accessories used with such
equipment, except for tapes, records, discs or
other electronic media device, provided such
equipment is permanently installed in the covered
“auto” at the time of the “loss” or is removable
from the housing unit which is permanently
installed in the covered “auto” at the time of the
“loss”, and such equipment is designed to be
solely operated by use of the power from the
“autos” electrical system, in or upon the covered
“autos”; or
R. Notice Of And Knowledge Of Occurrence
SECTION IV – BUSINESS AUTO CONDITIONS,
A.2. Duties In The Event Of Accident, Claim Suit
Or Loss, subparagraph a. is deleted and replaced
with the following:
a. In the event of “accident”, claim, “suit” or “loss”, you must give us or our authorized representative prompt notice of the “accident” or “loss” including:
(1) How, when and where the “accident” or “loss”
occurred;
(2) The “insured’s” name and address; and
(3) To the extent possible, the names and
addresses of any injured person and
witnesses.
Your duty to give us or our authorized
representative prompt notice of the “accident” or
“loss” applies only when the “accident” or “loss” is
known to:
(1) You, if you are an individual;
(2) A partner if you are a partnership; or
(3) An executive officer or insurance manager, if
you are a corporation.
S. Unintentional Errors Or Omissions
SECTION IV – BUSINESS AUTO CONDITIONS, B.
General Conditions; 2. Concealment Misrepresentation Or Fraud is amended by adding the following:
The unintentional omission of, or unintentional error
in, any information given by you shall not prejudice
your rights under this insurance. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or
nonrenewal.
T. Towing Coverage
SECTION III – PHYSICAL DAMAGE COVERAGE,
A.2. Towing, is deleted and replaced by the
following:
2. We will pay up to $750 for towing and labor costs
incurred each time a covered “auto” is disabled
due to a covered cause of loss. However:
a. All labor must be performed at the place of
disablement; and
b. If the covered auto is a private passenger
type no deductible applies; and
c. If the covered auto is not of the private
passenger type our obligation to pay will be
reduced by a $250 deductible per
disablement.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 80851759 | 7/24-25 GL/AUTO/EXCESS/WC/PL Blanket Endts | Pauline Bingham | 7/8/2024 11:19:04 AM (PDT) | Page 17 of 19
COMMERCIAL EXCESS LIABILITY POLICY
DECLARATIONS
POLICY NO. NHA601729
ITEM 6. SCHEDULE OF UNDERLYING INSURANCE
Type of Policy Insurer Applicable Limit
GENERAL LIABILITY LANDMARK AMERICAN INSURANCE $1,000,000 EACH OCCURRENCE COMPANY $2,000,000 GENERAL AGGREGATE
$2,000,000 PRODUCTS/COMPLETED OPS AGG
$1,000,000 PERSONAL/ADVERTISING INJURY
EMPLOYERS LIABILITY RLI INSURANCE COMPANY $1,000,000 EACH ACCIDENT $1,000,000 DISEASE EACH EMPLOYEE
$1,000,000 DISEASE POLICY LIMIT
GENERAL LIABILITY RLI INSURANCE COMPANY $1,000,000 EACH OCCURRENCE (BOP) $2,000,000 GENERAL AGGREGATE
$2,000,000 PRODUCTS/COMPLETED OPS AGG
$1,000,000 PERSONAL/ADVERTISING INJURY
EMPLOYEE BENEFITS RLI INSURANCE COMPANY $1,000,000 EACH CLAIM LIABILITY (BOP) $1,000,000 AGGREGATE
AUTO LIABILITY RLI INSURANCE COMPANY $1,000,000 COMBINED SINGLE LIMIT RSG 30002 0803
80851759 | 7/24-25 GL/AUTO/EXCESS/WC/PL Blanket Endts | Pauline Bingham | 7/8/2024 11:19:04 AM (PDT) | Page 18 of 19 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84)
©1998 by the Workers’ Compensation Insurance Rating Bureau of California. All rights reserved.
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 _____% of the California workers’ compensation premium otherwise due on such remuneration.
Schedule
Person or Organization Job Description
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No.
Insured Insurance Company
Countersigned By
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AGA Engineers, Inc.
7/1/2024 PSW0004954
80851759 | 7/24-25 GL/AUTO/EXCESS/WC/PL Blanket Endts | Pauline Bingham | 7/8/2024 11:19:04 AM (PDT) | Page 19 of 19