CITY BUSINESS
CONTRACT ROUTING FORM
SALINAS
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Staff Member Responsible for
Contract ("DSMR") Tel# 758-7275
RE UESTING DEPARTMENT
Francisco Aguilar
Public Works - Street Maintenance
Dept. Primary Point of Contact for
Contracts C'DPPC")
Tel# 758-7108
QONTRACTOR/VENDOR COMPANY INFORMATION
Contractor Name Bear Electrical Solutions Email
Contact Person Tel#
Address
Lindsa [email protected]
Lindsa Lo ez 408-449-5178
P.O. Box 924
Alviso Ca 95002
CONTRACT DESCRIPTION INFORMATION
Brief descri on
Purpose of Contract
Term of Contract Start Date L210s12023 End Date
RFP - On-Call Streetlight l4aintenance Services
72 05/202s
Contract Amount 50 000 Account No
Type of Funding E General Funds tr Grant Funds/Federal D Grant Funds/State tr Restricted Funds E Revenue Generatin tr Other:
Type of Contract
(Check all that apply)
tr Personal/Professional/Consultant
E Amendment/Renewal
tr Contract for Worksho Seminar
tr Non-Standard (Vendor-Generated
tem late
tr Goods/Materials and Devices
D Services - General
E Services - Repair 8y'or Maintenance
tr License Lease / Use of Facil tr Memorandum of Understandin s (Check all that are
attached)
tr Request for Proposal (usually an
attachment/exhibit to professional services
contract)
tr Bid Tabulation (Bid Opening results or
Quotes received formal or informal)
tr City Council Reso
E Original contract (Required for Routing
Amendments or Renewals)
tr Ceftificates of Insurance:
_GL Auto _ WC _ Other:
D Endorsements to Insurance
_ General Liability Additional Insured
_ Workers Comp Waiver of Subrogation
* Alternatively, if no attachment regarding purchasing
process complete this section:
tr Purchase of $30,000+ general purchases; pW
Projects $100,000+, adjusted to index annually, or
_ Informal Purchase quotes or bids obtained.
1) Vendor: _Quote:
2) Vendor: Quote: _
3) Vendor: _Quote:_ Exception to Competitive Purchasing - Sole Source Form (attached)
_ Exception to Competitive Purchasinq -
Cooperative Form (attached) (piggybacking
not authorized under existing City Code)
tr Bonds X Pa ent _X_ Peformance tr Warranties Sample Actual V. )anvary 2024
Page I ol 2
LI
contracts,
authorization aslegal
lenny Davila
CiW, State, ziD
1000.50.5235-63.4900
tr Construction
Attachment
Checklist
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7
CERTIFICATION & APPROVALS
Requesting DSMR, DCPP, and Depadment Head each cedify that he/she:
(1) has read the attached contract/agreement and that the requesting department will comply with all its requirements
(2) recognize that while Legal may review the contract from a legal and/or policy perspective, it is the requesting department's responsibility to ensure the business terms and specifications are sufficient and/or practical for departmental needs
(3) is responsible to monitor the contract for compliance, payment obligations, and to obtain effective evidence of insurance, and any required bonds at contract initiation.
SIGNATURE DatePRINT NAME
s/q/z"l7
3'Y'z'1
Francisco Aguilar
Dept. Primary Point of
Contact for Contracts
9" 1- zr/t ,f
David lacobs
Department Head
FINANCE/ PURCHASING REVIEWED FOR COMPLIANCE
Point of Contacti Assistant Finance Director, Selina Andrews a Reviewed for
Compliance with City
Purchasing Code and
Policy
n Confirmed an
authorized signer (title
and name) is on contract
c&* 2 i{ l2\
Approved as to Form
Christopher Callihan
Comments respecting Contract being routed that may be helpful to reviews, notifications respecting non-approva Council approved
and/or recommendations for add itional City Departments to review (or attached memo):
ls,
Note: Please do not send the routing form or any comments or advice from the padies/contractor(s) when negotlating or corresponding. Those communications by forwarding them, you could be waiving that protective privilege, and/or doing City Attorney's Office to any third
may be attorney-client privileged, and
so could affect negotiations with a
third party. Further Note: If contractor requests an originally executed contract two (2) contract originals must attached to the C contractBusiness Contract Routi Form of a two- V. lanuary 2024
Dept. Staff Member
Responsible for
Contract
L/,"* O,1.Jenny Davila
Selina Andrews
LEGAL
Pag€ 2 of2
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 3/24/2024 | 11:06 AM PDT
"Contractor").
IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
l Scooe. Contractor hereby agrees to provide to the City, as the scope ofservices under this Agreement, services related to On-Call Streetlight Maintenance It is understood by City antl Contractor that Contractor performs or secures the performance of On-Call Streetlight Muint"n*"" and related services for the City on an on-going basis. On each occasion Contra;tor performs services for City, Contractor shall advise the City in writing ofthe scope of services to be provided, and the cost of, and estimated time to perform the services.
Contractor shall not proc;ed to perform any such service until City and Contractor have established a project cost, a completion schedule or a time period for performance, and the City has given its writtin authorization to perform. Written approval for performance and compensation may be granted by the appointed City Project Manager.
2. Termi Comnletion Schedule. This Agreement shall commence on December 5,2023, and shall terminate on December 5,2025, unless extended in wrtting by either party upon (30)
ON-CALL STREETLIGHT MAINTENANCE SERVICES
THIS AGREEMENT is executed this 5th day of Decemb et 2023 (,. Agteement,, or "contract") between the city of salinas, a califomia charter city and municipal corporation (hereinaftei ,.city"), and Bear Electrical Solutions, Inc., a califomia corporation, (hereinafter days written notice. This Agreement may be extended only upon mutual written consent of the parties and may be terminated only pursuant to the terms of this Agreement and the original RFQ'
3. Compensation. City hereby agrees to pay Contractol for services rendered the City puru*'i-o thi. Agt...ent on a time and materials basis according to the rates of compensation as shown on Exhibit n ana an amount not to exceed Fifty Thousand ($50,000) Dollars.
4. !!!!!4g Contractor shall submit to City an itemized invoice, prepared in a form satisfactory to City]a"r"riUing its services and costs for the period covered by the invoice. Fxcept as ,pe"ifi"ally authori-zed by City, Contractor shall not bill City for duplicate services performed by more than'one p...on. dont *tor's bills shall include the following information to which such services cost or pertain:
AGREEMENT FOR SERYICES BETWEEN
THE CITY OF SALINAS AI\D BEAR ELECTRICAL SOLUTIONS' INC. (A) A brief description of services performed;
(B) The date the services were performed;
(C) The number of hours spent and by whom;
Master Services Agreement v January 2021
Bear Electric Solutions, Inc.
Deccmber 2023
Page I of 15
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 (D)A brief description ofany costs incurred; and
(E) The Contractor's signature
A11y such invoices shall be in firll accord with any and all applicable provisions of this Agreement.
City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Contractor submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, city shall not be obligated to process any payment to contractor until thirty (30) days after a correct and complying invoice has been submitted by Contractor. The City shalt process undisputed portion immediately.
5. Meet and Confer. Contractor agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by the City to ensure timeiy and adequate performance of the Agreement.
6. Additional Copies. If City requires additional copies of reports, or any other material which Contractor is required to fumish as part of the services under this Agreement, Contractor shall provide such additional copies as are requested, and City shall compensate Contractor for the actual costs related to the production of such copies by Contractor. 7 . Respo nsibilitv of Contractor. By executing this Agreement, Contractor agrees that the
8. Respo nsibilitv of Citv. To the extent appropriate to the projects to be completed by Mast€r Services AgeemeDt v. January 2021
Bear Electrical Solutions, hc.
December 2023
services to be provided and work to be perlormed under this Agreement shall be perlormed rn a fully competent manner. By executing this Agreement, contractor further agrees and represents to City that the Contractor possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the iervices contemplated under this Agreement and that City relies upon the professional skills of Contractor to do and perform Conkactor's work. Contractor further agrees and represents that Contractor shall follow the current, generally accepted practices in this area to the profession to make findings, render opinions, prepare factual presentations, and plovide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement.
Confactor pursuant to this Ageement, City shall:
(A) Assist Contractor by placing at its disposal all available information pertiflent to the projects, including but not limited to, previous reports and any other data relative to the p-ji"tr. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City. (B) Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Contractor, and render verbally or in writing as may be appropdate, decisions pertaining thereto within a reasonable time so as not to delay the services of Confiactor.
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 (C) Jim Pia, Interim City Manager, or his designee, shall act as City's representative with respect to the work to be performed under this Agteement. Such person shall have the complete authority to kansmit instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment, elements, and systems pertinent to Contractor's services. City may unilaterally change its representative upon notice to the Contractor.
(D) Give prompt written notice to Confiactor whenever City obsewes or otherwise becomes aware of any defect in a project.
9. Acceptance of Work Not s Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Contractor from professional responsibility for the work performed.
10. Indemnification and Hold Harmless. Contractor shall defend, indemnifu, and hold harmless the City and its officers, officials, employees, volunteers, and agents from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) ofevery nature arising out ofor in connection with Contractor's performance of work hereunder, including the performance of work ofany ofcontractor's subcontractors or agents, or Contractor's failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.
11. Insurance. Contractor shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Exhibit A hereto. 12, Access to Records. Contractor shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Contractor by City. Aly duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Contractor's usual and customary business hours.
Contractor shall provide proper facilities to City's representative(s) for such access and inspection.
13. Non-As abilitv. It is recognized by the parties hereto that a substantial inducement ton City for entering into this Agreement was, and is, the professional reputation and competence of Contractor. This Agreement is personal to Contractor and shall not be assigned by it without express written approval ofthe City.
14- Chanses to one of Work City may at any time, and upon a minimum of ten (10) days written notice, seek to modi! the scope of services to be provided for any project to be completed under this Agreement. Contractor shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notiry ciry in writing. Upon ugi"e.ert between City and Contractor as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes.
Master Services Ageemetrt v. JaNary 2021
Bear Electrical Solutions, lnc
December 2023
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Execution of the amendment by City and Contractor shall constitute the Contractor's notice to proceed with the changed scope.
15. Ownershio of I)ocuments. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software ('if purchased on the City's behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Contractor, as provided herein, for the services rendered by Contractor in connection with which they were prepared. City agrees to hold harmless and indemni! the Contractor against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Contractor.
16. Termination.
(A) City shall have the authority to terminate this Agreement, upon ten days written notice to Contractor, as follows:
(1) If in the City's opinion the conduct of the Contractor is such that the interest of the City may be impaired or prejudiced, or
(2) For any reason v/hatsoever.
(B) Upon termination, Contractor shall be entitled to payment of such amount as fairly compensates Contractor for all work satisfactorily performed up to the date of termination based upon the Contractor's rates shown in Exhibit B and/or Section 3 ofthis Agreement, except that:
(1) In the event of tem nation by the City for Contractor's default, City shall deduct from the amount due Contractor the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Contractor are made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another Contractor(s) for such purposes. ln the event that such additional expenses shall exceed amounts otherwise due and payable to Contractor hereunder, Contractor shall pay City the full amount of such expense. (C) ln the event that this Agreement is terminated by City for any reason, Contractor (l) Upon receipt of written notice of such termination promptly cease all services on this proje&, unless otherwise directed by City; and
(2) Detiver to City all documents, data, -reports' summaries, correspondence, photographs, computer sort*a.e output, videoand audio tapes, and any other materials nrovid'ed'to Contractor or prepared by or lor Contractor or the Ciry in comection wilh [his Agreement. Such maieriil is tobe delivered to City in completed. form: however, oot
"iifirt "ai"g
the provisions of Section 15 herein, City may condition payment for Master Services Agreemetrt v. January 202 I
B€ar Electrical Solutions, I.c.
December 2023
shal[:
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 services rendered to the date of termination upon Contractor's delivery to the City ofsuch material.
(D) In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party.
(E) The rights and remedy ofthe City and Contractor provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement.
17. Compliance with Laws, Rules. and Regulations Services performed by Contractor pursuant to this Agreement shall be performed in accordance and fulI compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder.
18. Exhibits Inco rated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Ageement, the terms of the Agreement shall control the respective duties and liabilities ofthe parties.
19. Independent Contractor. It is expressly understood and agreed by both parties that conractor, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Contractor expressly warrants not to represent, at any time or in any manner, that Contractor is an employee or servant of the City.
20. Intesration and Entire Aqreement. This Agteement represents the entire understanding of City and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties.
21. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Califomia, County of Monterey, and City of Salinas.
Jurisdiction of litigation arising from this Agreement shall be in the State of Califomia, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter.
22. Severabillttr. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
23. Notices.
(A)
addressed to
Written notices to the City hereunder shall, until further notice by City, be City Manager
City of Salinas
Mastor Services AgreemeDt v- January 2021
Bear Electrical Solutions. Inc.
December 2023
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 200 Lincoln Avenue
Salinas, Califomia 93901
With a copy to:
City Attomey
City of Salinas
200 Lincoln Avenue
Salinas, California 9390 1
(B)
addressed to
Written notices to the Contractor shall, until further notice by the Contractor, be Robert Asuncion, VP
Bear Elsctrical Solutions, Inc.
1252 Stale Street, P.O. Box 924
Alviso, CA 95002
(C) The execution of any such notices by the City Manager shall be effective as to Con11actor as if it were by resolution or order of the City Council, and Contractor shall not question the authority of the City Manager to execute any such notice. (D) All such notices shall either be delivered personally to the other party's designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail.
24. Nondiscrimination. During the performance of this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. Contractor shall take affrmative action to ensure that applicants are employed, and that employees are reated during employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability.
25. Conflict of Interest. Contractor warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or degree which will render the services required under the provisions of this Agreement a violation of any applicable local, state or federal law. Contractor further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Contractor shall promptly notifu City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Contractor further warrants its compliance with the Political Reform Act (Govemment Code section 81000 et seq.) and Salinas City Code Chapter 2A that apply to Contractor as the result of Contractor's performance of ttre work or services pursuant to the terms of this Agreement.
Master Services Agreemeot v. Jaeuary 202 I
Bear Electrical Solutions, Inc.
December 2023
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7
26. Headinqs. The section headings appearing herein shall not be deemed to govern, limit, modifi, or in any manner affect the scope, meaning or intent of the provisions of this Agreement. 27 . Attorn s' Fees ln case suit shall be brought to interpret or to enforce this Agreement, or because of the breach ofany other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attomeys' fees in addition to such costs as may be allowed by the Court. City's attorneys' fees, if awarded, shall be calculated at the market rate.
28. Non-Exclusive Asreement. This Agreement is non-exclusive and both City and Contractor expressly reserves the right to contract with other entities for the same or similar services.
29. Rishts and Oblisatio ns Under Asreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a siglatory hereto.
30. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its representatives, agents or subcontractors by federal, state or local law, Contractor warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations.
31. Couutterpartr. This Agreement may be executed in one or more counterpaxts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
32. Lesal Representation. Each party affirms that it has been represented, if it so chose, by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.
33. Joint Reoresentation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly fot or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.
34. Warrantv of Authoritv. Each party represents and warrants that it has the right, power, represents and warrants that it has
powers, and authorities, necessary
, to enter into this Agreement.
35. No Waiver of Rishts. Waiver of a breach or default under this Agreement shall not coDstitute a conthuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agleement or Master Services Agreement v January 2021
Bear Electrical Solutiol$, ltrc.
December 2023
and authority to enter into this Agreement. Each party further given any and all notices, and obtained any and all consents, to permit it, and the persons entering into this Agreement for it
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof.
Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such prov'ision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver{s) ofany ot}rer condition of performance under this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above.
CITY OF SALINAS
Jim Pia
Interim City Manager
APPROVED AS TO FORM:
o Christopher A. Callihan, City Attomey or
n Rhonda Combs, Assistant City Attomey
R
By ted Name): Robert Asuncion
Master Services Agrcemeot Y. Jatru8ry 202 I
Bear Electrical SolutioDs, Inc.
December 2023
C
ls (Tille): VP
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7
Insurance uirements
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of ttre work hereunder and the results of that work by the Contmctor, his agents, representatives, employees, or subcontractors. With respect to General Liability, coverage should be maintained for a minimum of five (5) years after Agreement completion.
MINIMUM SCOPE AND LIN{IT OF INSURAIICE
Coverage shall be at least as broad as:
1. Commercial General Liability ("CGL"): Insurance Services Office ("ISO") Form CG 00 01 covering cGL on an "occurence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggegate limit applies, either the general aggregate limit shall apply separately to this project/location (lSO CG 25 03 or 25 04) or the genelal aggregate limit shall be twice the required occurrence limit.
2. Automobite Liabitity: ISo Form CA 0001 covering any auto, or if contractor has no owned autos, hired and non-owned autos, with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' compensation: Insurance as required by the state of california, with Statutory Limits, and Employer's Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (also known as Errors and Omissions): Insurance appropriate to the work being performed, with limits no less than $ 1,000,000 per occurrence or claim, and $2,000,000 aggregate per policy period of one year.
lf the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Salinas requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
OTIIER INSIJRANCE PROVISIONS
The insurance policies are to contain, or be endorsed to coDtain, the following provisions:
A dditional Insured Status
S elf-I nsure d Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City' the Contractor shall provide coverage to reduce or eliminate such self-insured retentions as respects the City, id officers, offrcials, employees, and volunteers; or the Contractor shall Master Services Ageement v. Jaouary 2021
Bear Electrical Solutions, Inc.
December 2023
Exhibit A- Insurance Req uirements
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 provide evidence satisfactory to the city guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Master Services Agreemetrt Y January 2021
BEar Electrical Solutions, Inc.
Ilecember 2023
Oth e r I ns u ran c e Provisions
A. The General Liability, Automobile Liability, Confiactors Pollution Liability, andlor Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:
r. The City of Salinas, its oflicers, oflicials, employees, and volunteers sre to lre covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form ofan endorsement to the Contractor's insurance (at least as broad as ISO Forms CG 20 10, CG 1l 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Salinas, its officers, offrcials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, offrcials, employees, agents, or volunteers shall be excess ofthe Contractor's insurance and shall not contribute with it.
3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
B. The Automobile Liabitity policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by contractor pursuant to the contract. This coverage may also be provided on the Contractor's PLL policy.
C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:
1. The retroactive date must be shown and must be before the date of the contract or the begiming of Agreement of work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement ofwork.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Conhactor must purchase an extended period coverage for a minimum offive (5) years after completion of Agreement work.
4. A copy of the claims reporting requirements must be submitted to the city for review.
5. If the services involve lead-based paint or asbestos identification / remediation, the Con6actor's PLL policy shall not contain lead-based paint or asbestos exclusions. If the services involve rnold identification / remediation, the Contractor's PLL shall not contain a mold exclusion and the defrnition of"Pollution" shall include microbial matter including mold.
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Ac c eptab ility of I n s urers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII if admifted in the State of Califomia. If Contractor's Pollution Liability, Asbestos Pollution and/or Errors & Omissions coverages are not available fiom an admitted insurer, the coverage may be written by a non-admitted insurance company. A non-admitted company should have an A.M.
Best rating of A:X or higher. Exception may be made for the Califomia State Compensation Insurance Fund ifnot rated.
Yefification of Coverage
Contractor shall fumish the City with original certificates of insurance and amendatory endorsements, or copies of the applicable insurance policy language effecting coverage required by this contract and a copy of the Declarations and Endorsements page of the policy listing all policy endorsements. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. llaiver of Subrogation
Contractor hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Salinas for all work performed by the Contractor, its employees, agents, and subcontractors.
Subcoatractors
Contractor shall require and verifu ttrat all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Salinas is an additional insured on insurance required liom subcontractors. For CGL coverage subcontractom shall provide coverage with a form at least as broad as ISO CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modifu these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Master Services Agreement v. Ianusry 202 I
Bear Electrical Solutions. lnc.
December 2023
M ainte n anc e of In saranc e
Maintenance of insurance by Contractor as specified shall in no way be interpreted as relieving Conttactor of its indemnification obligations or any responsibility whatsoever and the Conffactor may carry, at its own expense, such additional insurance as it deems necessary.
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Exhibit B- Fee Schedule
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PROPOSE RATE SCHEDULE FOR SALINAS
M)TE:
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Master Services Agreement v. January 202 I
Bear El€ctrical Solutions, lnc.
December 2023
tquipment
s 2s.(x)Peasonnel vehial€I
5 35.mBucket Trucl2
s 75.q)l Boom Trucl (Ctane)
S 2o.m4 Air Compre5sor
S 2o.@5 Light Tower
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5 13s-m S17s.@1 Ehctrician Foreman
S19s.oos 12O.OO S16s.@Electrician2
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DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7
OAIE (I'T/DD/YYYY)
1125t2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATMELY AMENO, EXTEND OR ALTER THE COVERAGE AFFORDEO BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE OOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PROOUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: lf tho c.rtificat. holdor is an ADDITIONAL INSUREO, tho policy(i6s) must have ADDITIONAL INSURED provisions or be endorsod. lf SUBROGATION lS WAIVED, Bubject to the terms and conditions of the policy, certain policiGs may requi.e an ondorsoment. A statement on thls certiticate does not confor rlghts to the cerliticate holder in lieu of 6uch endorsement( s).
PRODUCER
Woodruff-Sawyer & Co.
50 California Street, Floor 12
San Francisco CA 94111
Chris
HONE 415402-6521 415-98S-9S23
L cke r.com
INSURERIS) AFFOROING COVERAGE
TNSURERA : Hartford Casualty lnsurance Company 29424
INSUREO
Bear Electrical Solutions, lnc.
1252 State St, PO 924
Alviso CA 95002
BEARELE,Ol rNsuRER B: Hartford Fire lnsurance Company 1e682 [{suRER C: sentinel lnsurance company, Lld 11000
INSURER D
INSURER E
INSURER F
CERTIFICATE OF LIABILITY INSURANCE
COVERAGES CERTIFICATE NUMBER: 14'1 85394'12 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, NOTWTHSTANDING 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 ANO CONOITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR TYPEOFINSURANCE
SUBR POTICYEFF POLICYEXP LIMITS
B X COMI$ERCIAL GENERAL LIABILITY
CLAIMS.MAOE OCCUR
GEN.L AGGREGATE LIMIT APPLIES PER]
5i& Er.o"
x
x
5TUEABA6WSN z1pa24 2J1t2025 EACI] OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
PRFMISFS lFr 6.cL16nEJ $ 300,000
MEo ExP (Any on6 p6rso.) $ 10,000
PERSONALAADV INJURY $ 1,000,000
G ENE RAL AGGREGATE 52 000,000
PROOUCTS . COM P/OP AGG $2 000,000
$
AUTOiIOBILE LIABILITY
X
OWNEO
AUTOS ONLY
HIREO
AUiOS ONLY
SCHEDULEO
AUTOS
AUTOSONLYX x
21',l12024 211t2025 NGLE LIMIT $ 1,000,000
BODILY INJURY (P€. ps.son) $
BODILY INJURY (P4 a@idenl) $
$
$
x UIIBRELLALIAB
EXCESS LIAB
X OCCUR
CI.AIMS.MAOE
5TRHABA6WSP 2t112024 2t1/2025 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000
DEO RETENTIONS S
c WORKERS CO PENSATION
AND Ef PLOYERS' LIABILTTY
ANYPROPRIETOR/PARTNER/EXECU'TIVE
OFFICER/MEMBEREXCLUDEO?
DESCRTPTION OF OPERATIONS b€l@
5TWEAAJ9MEN 211t2025 X OTH.
E.L. E:ACH ACCIOENT 91,000,000
E,L, DISEASE. EA EMPLOYEE s1,000,000
E L DISEASE. POLICY LIMIT 51,000,000
DESCRIPTION OF OPERATIONS / IOCAnONS / VEHICLES {ACORO ! 01 , Additlon.l R.m.rt. Sch.dul., m.y br .tt ch.d it mo.. tp.c. i. r.quiEd) RE: Work performed per ContracuAgreement. The City of Salinas. its ofllcers, ofllcials, employees, and volunteers are additional insured per the attached forms, wherein coverage is Primary and Non-Conlributory. Waivers of subrogation apply per lhe ahached forms. Excess liability/umbrella coverage is lvntlen on a following form basis as respects additional insureds and waivers of subrogation. Policies contain a 30 day notice of cancellation and a 10 day notice of cancellation for non-paymenl of premium.
CERTIFICATE HOLDER CANCELLATTON
City of Salinas
Public Works Department
200 Lincoln Ave.
Salinas CA 93901
SHOULD ANY OFTHE ABOVE DESCRIBED POUCIES BE CANCELLED AEFORE THE EXPIRATION DATE THEREOF, i{OTICE wlLL BE DELIVERED IN ACCOROA CE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
A* a'J,.-,v
O 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) 57UEAFN9268
tr
2t112024
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Policy no. 57UEAFN9268
THIS ENOORSEMENT CHANGES THE POLICY.
COMMERCIAL AUTOMOBILE
HA 99 16 03 12
PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsemenl modifies insurance provided under the following
BUSINESS AUTO COVERAGE FORM
To the extenl that the provisions of this endorsement provide broader benefils to the "insured" than other provisions of the Coverage Form, the provisions of this endorsernenl apply.
1. BROAO FORM INSURED
A. Subsidiaries and Newly Acquired or
Formed Organizations
The Named lnsured shown in the
Declalations is amended to include:
(1) Any legal business entity other than a
parlnership or joint venture, forrned as a
subsidiary in which You have an
ownership interest of more than 50% on
the etfective date of the Coverage Form-
However, the Named lnsured does nol
include any subsidiary that is an
"insured' under any other automobile
policy or would be an 'insured" under
such a policy but for its terminalion or
the exhaustion of its Limit of lnsurance.
(2) Any organizalion that is acquired or
formed by you and over whach You
maintain maiority ownership. However,
the Named lnsured does not include any
newly tormed or acquired organization:
(a) That is a Partnership or joint
venture,
(b) That is an "insured" under any other
policy,
(c) That has exhausled its Limit of
lnsurance 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 or Formation.
Coverage does not aPPIY lo "bodily
injury" or "properly damage" that results
from an "accident" that occurred befole
you formed or acquired the organization.
B. Employees as lnsuteds
Paragraph A.'1. - WHO lS AN INSURED - of
SECIION ll LIABILITY COVERAGE is
amended to add:
d. Any "employee" of yours while using a
covered "auto" you don't own. hire or
borrow in your business or Your
personal aftairs.
C. Lessors as lnsureds
Paragraph A.1. - WHO lS AN INSURED - of
Section ll - Liability Coverage is amended to
add:
e. The lessor o, a covered "auto" whlle lhe
"auto" is leased to you under a written
agreemenl if:
(1) The agreernent requires You to
provide direct primary insurance for
the lessor and
(2) The "auto" is leased without a driver.
Such a leased "auto" will be consideled a
covered "aulo" you own and not a covered
'auto" you hire.
O. Additional lnsured it Required by Contract
(1) Paragraph A.1. - WHO lS AN INSURED
- ot Section ll - Liability Coverage is
amended to add:
f. When you have agreed, in a written
contract or written agreement, that a
person or organizalion be added as
an additional insured on Your
business auto policy, such person or
organization is an "insured", but only
to the extenl such Person or
organization is liable for "bodily
injury' or 'Property damage" caused
by the conduct of an "insured" under
paragraPhs a. or b. o[ Who ls An
lnsured with regard to lhe
ownership, mainlenance or use of a
covered "auto."
O 201 1, The Hartford (lncludes copyrighted material
of ISO Properties, lnc., with its permission.)Form HA 99 16 03 12 Page 1 of 5 DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 The insurance afiorded to any suoh
additional insured applies only if the
"bodily injury. or "property damage'
occurs:
(1) During the policy period, and
(2) Subsequent to the execution of such
written conlract, and
(3) Prior !o tne expiftrtion of the period
of timo lhat the wlitten contract
requires such insurance be provided
to the additional insured.
(2) How Limits Apply
lf you have agreed in a written mntract
or written agreemenl tnal anolher
person or organization be added as an
additional insured on your policy, the
most we will pay on behalf of such
additional insured is the lesser of:
(a) The limits of insurance specilied in
the written contracl or writlen
agreement; or
(b) The Limits of lnsurance shown in
the Declaralions.
Such amount shall be a part of and nol
in addilion to Limits of lnsurance shown
in the Declarations and described in lhis
Section
(3) Additional lnsureds Other lnsurance
lf we cover a claim or 'suil" under this
Coverage Part that may also be covered
by other insurance availabl€ to an
additional insured, such additional
insured must submit sucfi daim or "surt"
to the other insurer for defense and
indemnity.
Hcrrever, this provision does not apply
to the extenl lhat you have agreed in a
Mitten confad or written agreemenl
that this insurance is primary and non-
contribulory with the additional insured's
own insurance.
(4) Duties in The Event Of Accidenl, Claim,
Suit or Loss
lf you have agreed in a written contract
or written agreement thal another
person or organizalion be added as an
additional insured on your policy, the
additional insured shall be required to
comply with the provisions in LOSS
CONDITIONS 2. . DUTIES IN THE
EVENT OF ACCIDENT, CLAIM , SUIT
OR LOSS - OF SECTION IV -
BUSINESS AUTO CONDITIONS, in the
same manner as the Naned lnsured.
E. Primary and Non{ontributory if
Required by Conkact
Only with respect lo insurance provided to
an additional insured in 1 .D. - Additional
lnsured It Required by Conlract, the
fotlowing provisions apply:
(3) Primary lnsuranc€ When Required By
Contract
This insurance is primary if you have
agreed in a wrillen contract or written
agreernent that this insurance be
primary. lf oher insurance is also
primary, we 'rill share with all that other
insurance by the method described in
Other lnsuranc€ 5.d.
(4) Primary And Non-Contribrrtory To Other
lnsurance When Required By Contract
lf you have agreed in a written contract
or written agreemenl that this insurance
is primary and non-contributory with lhe
additional insured's own insurance, lhis
insurance is primary and we will not
seek contributlon from that olher
insurance.
Paragraphs (3) and (41 do nol apply to other
insurance to vrhich the additional insured
has been added as an additional insured.
When this insurance is excess, we will have no
duty to defend the insured against any "suit" if
any oher insurer has a duty to defend the
insured against that "suit', lf no ollEr insurer
defends, we will underlake to do so, but we will
be entitled to the insured's rights against all
those olier insurers.
\rvhen this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exoeeds the sum
of:
(1) The total amount that all sudl olher
insurance would pay for the loss in the
abserrce of tris insurancei 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 in Other lnsurance 5.d.
2. AUTOS RENTEO BY EMPLOYEES
Any'auto' hired or rented by your "ernployee"
on )lour behalf and at your direction will be
considered an "auto" you hire.
The oTHER INSURANCE Condition is amended
by adding the tollowing:
@ 201 1, The Hartford (lncludes copyrighled matedal
of ISO Properties, lnc., with its permission.)Form HA 99 ',l6 03 12 Page 2 of 5 DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 @ 201 l, The Hartford (hdudes copyrighted material
of ISO Properties, lnc., with ils permission.)Form HA 99 16 03 12 Page 3 of 5 lf an "employee's" Personal insuranoe also
applies on an excess basis to a @vered 'auto"
hired or rented by your "€mployee'on your
behalf and at your dlrection, this insurance will
be primary to lhe "employee's' personal
insurance.
3. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLoYEE - of
SECTION ll - LIABILITY COVERAGE does not
apply if you have workers' compensalion
hsurance in-force covering all of your
"employees".
Coverage is excess ovet any other colleclible
insurance.
4. HIRED AUTO PHYSICAL DAMAGE COVERACE
lf hired 'autos" are @vered "autos" for Liability
Coverage and lf Comprehensive, Speclfied
Causes of Loss, or Collision coveEges are
provided under this Coverage Form for any
"auto' you own, then lhe Physical Damage
Coverages provided are exterded to "autos" you
hire or borrow, subiecl to the follcm/ing limit.
The most we will pay for "loss" to any hired
'auto' is:
(1) S100,000;
(2) The actual cash value of the damaged or
stolen property at the lime of the 'loss'; or
(3) The cost of repairing or replacing the
darnaged or slolen proPerly,
whichever is smallesl, minus a deduct ble. The
deductible will be equal to the largest deduclible
applioable to any owned 'auto' for that
coverage. No deductible applies to 'loss" caused
by fire or lightning Hired Auto Physical Damage
coverage is excess ovel any other oollectible
insurance. Subject to the above limit, deductible
and excess provisions, we will provide coverage
equal to the broadest coverage aPplicable to any
covered "auto" you own-
We will also oover loss of use of the hired "auto'
if it results from an "accident', you are leg€lly
liaHe and the lessor incurs an actual flnancial
lo6s, subjoct to a maxirutm of $10O0 per
"accident".
This extension of coverage does not apply to
any "auto" you hire or bonow trom any of your
"ernployees", partners {if you are a parlneEhip),
mernbers (if you are a limited liability corpany),
or mernbers of their households.
5, PHYSICAL OAII,AGE . ADOITIONAL
TEMPORARY TRANSPORTATION EXPENSE
COVERAGE
Paragraph A.4.a. of SECTION lll - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of S50 per day and a maximum limit of
$1,000.
6. LOAN'LEASE GAP COVERAGE
Under SECTION lll - PHYSICAL DAMAGE
COVERAGE, in the event ot a total "loss" to a
covered "auto', we will Pay your addi[onal legal
obligation ,or any difference between the actual
cash value of he "auto" at the time of the 'loss"
and the "outslanding balance" of the loan/lease.
'outstanding balanoe" rneans tle arnount you
owe on the loan/leGe at the time of "loss' less
any anrounb representing laxes, overdue
payments; penalties, interest or charges
resutthg from overdue payments; additional
mlleage charges: excess wear and tear charges;
lease termination fees; security deposits not
returned by the lessor, costs for exlended
warranlies, credit life lnsurance, health, accident
or disability insurance purchased with the loan or
lease; and carry-over balances from previous
loans or leases.
7. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of
SECTION III - PHYSICAL DAMAGE
COVERAGE, the following is added:
The exdusion relating to mechanitxl breakdown
does not apply to the accidental discharge of an
airbag.
8. ELECTRONIC EQUIPMENT . BROADENEO
COVERAGE
a. The exceptions to Paragraphs 8.4 -
EXCLUSIONS - of SECTION lll - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:
Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely
by use of the power from the 'auto's"
electrical system that, at the time of "loss',
is:
(1) Permanenuy installed in or upon
lhe coveted 'auto";
(2) Rernovable from a housing unit
whicft is permanently installed in
or upon tte covered 'auto";
(3) An integral part of the same unit
housing any electronic
equipment described in
ParagraPhs (1) and (2) above; or
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 (4) Necessary for the normal
operatron of the oovered 'auto' or
the monitoring of the oovered
"aulo's" operating system.
b. Secton lll - Version CA 00 01 03 10 of the
Business Auto Coverage Form, Physical
Damage Coverage, Limit of lnstrance,
Paragraph C.2 and Version CA 00 01 10 01 of
the Business Auto Coverage Form, Physical
Damage Coverage, Limil of lnsurance,
ParagEph C are each amended to add the
following:
$'1,500 is the rnost we will pay for "loss" in
any one 'accident" to all electronic
equbmenl (other than equipment designed
solely for the reproduction of sound, and
accessories used with such equipment)
that reproduces, rEoeives or lransmits
audio, visual or data signals whioh, at the
time of 'loss", is:
( l ) Permanently installed in or upon
the covered "auto" in a housing,
opening or other location that is not
normally used by lhe 'auto"
rnanufacturer for the installation of
such equipment;
(2) Removable from a permanently
installed housing unil as described
in Paragraph 2.a. above or is an
integral part of that equipment: or
(3) An integral part of such equipmenl.
c. For each oovered "auto", should loss be limited
to electronic equipment only, oul obligation to
pay for, repair, retum or replace damaged or
sblen electronic equipment will be reduced by
the applioable deductible shown in the
Dedaratons, or $250, whichever deductible is
less.
9. EXTRA EXPENSE . BROADENED
COVERAGE
Un&r Paragraph A. - COVERAGE - of SECTION
III . PHYSICAL DAMAGE COVERAGE, WE WiII
pay for th€ expensB oF rBturning a stCen covered
'alto" b you.
10. GLASS REPAIR . WAIVER OF OEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of SECTION
lll - PHYSICAL DAMAGE COVERAGE, he
tdlo /irg is added:
No deductible applies to glass damage if the
glass is repaired rather than replaoed.
t1. TWO OR MORE OEOUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of SECTION
lll - PHYSICAL DAMAGE COVERAGE, the
follo/,/ing is added:
lf another Hartlicrd Financial Services Group,
lnc. company policy or coverage form that is not
an automobile pdioy or coverage form applies 10
the same'accident', the following applies:
{1) ll the deduclible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) f the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it will be reduced by
the amount of the smaller (or smallest)
deductible.
,I2. AMENDED OUTIES IN THE EVENT OF
ACC|DENT, CLA|M, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a. -
DUTIES IN THE EVENT O F ACCIDENT,CLAIM,
SUIT OR LOSS - of SECTION lV - BUSINESS
AUTO CONDITIONS that you must notify us of
an "accident' applies only when the "accident' is
known lo:
(1) You, if you are an indrvidual;
(2) A partner, if ),ou are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An execulive officer or insurance manager, if
you are a corporation.
13, UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
l, you unintentionally fail to disdose any hazards
exisling at the inception date of your policy, we
will not deny @verage under lhis Coverage
Form b€cause of such failure.
14. HIRED AUTO . GOVERAGE TERRITORY
Paragraph e. of GENERAL CONDITIoNS 7. -
POLICY PERIOD, COVERAGE TERRITORY -
Of SECTION IV . BUSINESS AUTO
CONDITIONS is replac€d by the following:
e. For short-term hired "autos", lhe coverage
tenitory with respect to Liability Covemge is
anywhere in the world provided that if the
"insured's" responsibility to pay damages for
"bodily iniury or "property damage" is
determined in a "suit,'the "suit" is brought in
the United Slates of America, the tenitolies
and possessbns of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.
I5. WAIVER OF SUBROGATION
TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US - of SECTION lV -
BUSINESS AUTO CONDITIONS is amended by
adding he Following:
@ 201 1, The Hartford (hclud€s copyrighled material
of ISO Properties, lnc., witlt its permission.)Form HA 99 18 03 t2 Page 4 of 5 DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 We waive any right of recovery we may have
against any person or organization with whom
you have a writlen contracl that requires such
waiver beoause of payments lve make for
darnages under lhi6 Coverage Folm.
18. RESULTANT MENTAL ATiIGUISH COVERAGE
The defnition of 'bodily iniury' In SECTIoN V-
DEFINITIONS is replaced by the following:
-Bodily injury" means bodily iniury, sickness or
disease sustained by any person, including
mental anguish or death resutting from any ot
lhese.
17. EXTENDED CANCELLATION CONDMON
Paragraph 2. of tie COMMON POLICY
CONDITIONS - CANCELLATION - applies
except as follows:
lf we cancel for any reason olher than
nonpayrnent of premium, we will mail or delver
to the first Named lnsured wriilen notice of
cancellation at least 60 days before the effective
date of canc€llation.
18. HYBRID, ELECTRIC, OR NATURAL GAS
VEHICLE PAYMENT COVERAGE
ln 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 replaoed with a "hybrid' aulo or
an auto poweted solely by electricity or natural
gas, we will pay an additional 10%, to a
maximum of $2,500, of the 'not-hybrid" auto s
actual cash value or replacement cost,
whichever is less,
b.The auto musl be replaoed and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of lhe date of'loss,'
c. Regardbss of the number ol autos deerned a
tolal loss, the most we will pay under this
Hybrid, Eleotric, or Natural Gas Vehiole
Payment Coverage provision for any one
"loss' is $10,000.
For the purposes of the covelage provision,
a.A "non-hybrid" auto is defned as an auto that
uses only an intemal combuslion engine to
rEVe the auto but does not include autos
powered solely by electriclty or natural gas.
b.A "hybrid" auto is delined as an auto wilh an
internal combustion engine and one or more
e'ectric motors; and fiat uses lhe intemal
combustion engine and one or anore ele6tric
rnotors lo move the auto, or lhe inlemal
combustion englne to charge one or more
eleclric rnotots, which move the auto.
19. VEHICLE YI'RAP COVERAGE
ln the event of a total loss to an "auto' for which
Conprehensive, Specified Causes of Loss, or
Collision coverages are provided urder fiis
Coverage Fo(m, lhen such Physical Damage
Coverages are amended to add the following:
ln addition lo the actual cash value of the "auto',
we will pay up to S1,000 for vinyl vehicle waps
which are displayed on the covered 'auto" at the
time of total loss. Regardless of lhe number of
autos deerned a total loss, the npst we will pay
under this Vehide Wrap Coverag€ provision for
any one "loss" is S5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.
@ 201 1, The Hartford (lncludes copyrighled material
ol ISO Properties, lnc., with its permission.)Form HA 99 16 03 12 Page 5 of 5 DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Policv #57UEABA6WSN
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS BROAD FORM ENDORSEMENT
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
INDEX
Alienaled Premises Coverage..,.............
Damage To Your Work......................
That Particular Part..........................
Contractors Limited Professional Liabi|ity......... . .............
Per Project and Per Location General Aggregale Limils Of 1nsurance................., " Medical Payments Coverage - lncluding Products - Completed Operations ...... ...... lnjury To Employee's Reputation With Respect To lncidental Medical Malpractice ..
Bodily lnjury Employee Suits
Consolidated lnsurance (WratrUp) Programs. ............
10. Access Or Disclosure of confidential or Personal lnformation And Data-Related Liability 1 1. Supplementary Payments......,.........
12. Two Or More coverage Parts Or Policies lssued By Us ..,... ..... .. 1 3, Notice of Cancellation to Certificate Ho|ders....,,..,.............,,
14. Contractual Liability Coverage For Personal And Advertising lnjury
15. lnsured Contract Definition
.1
.1
.1
,2
.2
.3
.3
,4
.4
.5
.5
.6
.o
.6
.6
1. 2.
3. 4.
5. 6.
7. 8.
9. 1 , ALIENATED PREMISES COVERAGE
Exclusion j. Damage To Property of Section I -
Coverage A is amended as follows:
a. The following exception to the exclusion is
deleted:
Paragraph (2) of this exclusion does nol apply
if the premises are "your work" and were
never occupied, rented or held for rental by
you.
b. This exception is replaced by the following:
Paragraph (2) of lhis exclusion does not apply
if the premises are 'Your work".
2. DAMAGE TO YOUR WORK
A. Section I - Coverage A - Bodily lnjury And
Property Damage Liability, Paragraph 1.
lnsuring Agreement is amended lo add the
following:
f. Damages because of "property damage"
include damages the insured becomes
legally obligated to pay because of
"property damage" to "your work'' or
caused by "your work", and such "property
damage" shall be deemed to be caused
by an "occunence", if not intended or
expected from the standpoint
of the insured , regardless of whether the
"property damage" arises from breach of
contract.
B. Exclusion l. Damage To Your Work of
Section I - Coverage A is repleced by the
following:
l. Damage to Your Work
"Property damage" to that particular part
of "your u/ork" that must be reslored,
repaired or replaced because "your work"
was incorrectly performed and included in
the "products-completed operations
hazard".
This exclusion does nol apply if the damaged
work or the work performed incorectly was
performed on your behalf by a subcontractor.
This Paragraph 2.8. does not apply if Exclusion
l. Damage To Your Work has been othen'/ise
modified by endorsement.
3. THAT PARTICULAR PART
This Paragraph 3. applies to Exclusion .i.
Oamage to Property, subparagraphs (5), and (6),
Exclusion k. Damage to Your Product, and
Exclusion l. Damage to Your Work.
O 2020, The Hartford Page I of 7
Form HS 24 50 12 20
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 When performing operations as a "general
contracto/', the term that particular part shall not
mean the entire construction, improvement or
renovation project. For purposes of this provision,
the term "general contraclof' means lhe
conlractor signing the prime construction contract
for a construction, erection, improvemenl 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 l - coverage A - Bodily
lnjury And Property Damage Liability, and to
Paragraph 2., Exclusions of Section I -
Coverage B - Personal And Advertising lnjury
Liability:
This insurance does not apply to "bodily injury",
"property damage" or "personal and adverlising
injury" arising out of lhe rendering of or failure to
render any professional services by you with
respecl to your providing engineering,
architeclural or surveying services in your
capacity as an engineer, architecl or surveyor.
Professional services include:
(11 The preparing, approving, or failing to prepare
or approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders,
or drawings and specifications; and
(2) Supervisory or inspection aclivities performed
as a part of any related architectural or
engineering aclivities.
This exclusion applies even if the claims against
any insured allege negligence or other wrongdoing
in the supeNision, hiring, employment, training or
monitoring of others by that insured, if the
"occurrence" which caused the "bodily injury" or
''property damage", or lhe ofrense which caused
the "personal and advertising injury", involved the
rendering of or failure to render any professional
services by you with respect to your providing
engineering, archileclural or surveying seryices in
your capacity as an engineer, architect or
surveyor.
This exclusion does not apply to your operations
in connection with construction work performed by
you or on your behalf.
However, this exceplion to lhe exclusion will not
apply if you are in the business or profession of
providing the professional services described
above independent from the construclion work
performed by you or on your behalf.
ln the event lhis insurance applies to any injury,
damage, loss, 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 olher valid and colleclible Professional
Liability insurance (including any deductible or
self-insured retention portion thereof), and any
other valid and collectible insurance available to
the insured whether primary, excess, contingent
or on any other basis.
5. PER PROJECT AND PER LOCATION GENERAL
AGGREGATE LIMITS OF INSURANCE
A. 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 can be attributed only lo ongoing
operations at a single "project'' or a single
"location";
't. A separate Per Ptoject General
Aggregate Limil or a separate Per
Location General Aggregale Limit applies
to each "project" or "location", whichever
is applicable. The Per Project General
Aggregate Limit and Per Location
Aggregate Limit is equal to the amounl of
the General Aggregate Limit shown in the
Declarations.
2. The Per Project General Aggregate Limit
or the Per Location General Aggregate
Limit, whichever applies, is the mosi we
will pay for the sum of all damages under
Coverage A. except damages because of
"bodily injury" or "property damage"
included in the "products-completed
operations hazard", and for medical
expenses under Coverage C regardless
of the number of;
a. lnsureds;
b. claims made or "suits" broughl; 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
"project" or the Per Location General
Aggregate for that "location", whichever
applies. Such payments shall not reduce
the General Aggregate Limit shown in the
Declarations, the Per Project General
Aggregate Limit for any other "project", or
the Per Location General Aggregate Limit
for any other "localion".
4. The limits shown in the Declarations for
Each Occurrence, Damage To Premises
Rented To You and Medical Expense
continue to apply. However, instead of
Form Hs 24 50'12 20
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 being subjecl to the General Aggregate
Limit shown in the Declarations, such limits
will be subject to the appllcable Per Project
General Aggregate Limit if attributable only
to ongoing operations at a single "project"
or lhe Per Location General Aggregate if
attributable only to ongoing operations at a
single "location".
B. 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.
G. 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 operalions hazard"
will reduce the Products-Completed Operations
Aggregate Limit, and nol reduce the General
Aggregate Limit,or any Per Project General
Aggregate Limit or any Per Location General
Aggregate Limit.
D. The provisions of Section lll - Limits Of
lnsurance not otherwise modified by lhis
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
owll 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. lf a "project" has been abandoned and then
restarted, or if the authorized contracting
parties deviate from plans, blueprints,
designs, specifications or timetables, the
"projecf' shall be considered a single
"project". "Project" does not include a
premises that is a "location".
2. "Location' means a premises an insured
owns or rents and where such insured
performs business operations other lhan
construction-related operations. Each
"location" involving the same or connecling
lots, or premises whose connection is
separated by a street, roadway, waterway
or right-of-way railroad shall be considered
a single "localion." "Location" does not
include a premises that is a'pro.iect".
This provision does not apply if the Per Project and the Per Location General Aggregate Limit has been
otheMise modified by endorsement.
6. MEDICAL PAYMENTS COVERAGE . INCLUDING
PRODUCTS.COMPLETED OPERATIONS
Paragraph 1.a, of the lnsuring Agreement -
Coverage G is replaced by the following:
1. lnsuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an
accident:
(1) On premises you own or renti
(2) On ways next to premises you own or
rent:
(3) Because of your operetions; or
(4) lncluded within the definition of the
"productgcompleted operations
hazard;"
provided that:
('l) The accident takes place in the
"coverage lerritory" and during the
policy period;
(2) The expenses are incurred and
reported to us within three years of the
date of the accidenti 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 l.e. of the
lnsuring Agr€ement - 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 seNices as a
physician, dentist, nurse, emergency
medical technician or paramedic services.
Form Hs 24 50 12 20 Page 3 of 7
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 "Bodily injury" or.property damage" resulting
from 'repair work" or ''punch list work" at a
"wrap proFcl or premises" but only when the
applicable "consolidated insurance (wrap-up)
program" does not apply or no longer applies
to such "repair work" or "punch list work".
This exception does not apply to the cost of
performing such "repair work" or "punch list
work", or to the "repair work" or "punch list
work" itself.
D. Additional lnsured Extension
"Bodily injury" or "property damage" for which
you are solely an additional insured under the
i'consolidated insurance (wrap-up) program".
The coverage provided under Paragraphs 9.A
through 9.0. above is subject to all terms,
conditions and exclusions of this policy.
For purposes of Paragraph 9, the following
definitions aPPly:
"Consotidaled insurance (wrap-up) program"
means any agreement or arrangement, including
any contractor-@ntrolled, owner-controlled'
project-specific or similar insurance progrem under
which one or more contractor(s) working on a
specified project are insured under one or more
commercial general liability (CGL) policies
(including any umbrella or excess policies that
include the commercial general liability policy(ies)
as underlying insurance) issued by a specified
carrier for injury or damage arising out of
operations conducted in connection with or
necessary or incidental to the project.
"lnsured's operations" means all operations
performed by a named insured (and not
suFcontracled or performed by others on the
insured's behalf).
"Punch list r ork" means the "insured's operations"
at or in connection with a "wl.ap project or
premises' in order to complete the work called for
in an insured's contract for the "wrap project 0r
premises".
"Repair work" means the "insured's operations"
that are service, maintenance, correction, repair,
replacement work, or Periodic
inspection performed by an insured at or in
connection with a "wrap project or premises", in
order to replace or repair an insured's completed
work.
"Wrap pro.iect or premises" means any premises or
construction, erection, improvemenl or renovalion
project subject lo a "consolidated insurance
(wrapup) program".
10. ACCESS OR DISCLOSURE OF CONFIDENTIAL
OR PERSONAL INFORMATION AND DATA.
RELATED LIABILITY
B. The following exclusion is added to coverage
B - Personal and Advertising lniury:
"Personal and advertising injury arising out of
the rendering or failure to render professional
health care services as a physician, denlist,
nurse, emergency medical technician or
paramedic.
6. BODILY INJURY EMPLOYEE SUITS
A. "Bodily injury" as listed in Paragraph 2.a.(1) of
Section ll - Who ls An lnsured, does not
apply to 2.a.(1Xa) through 2.a.(1xc).
B. Parl a. of Paragraph 4. Nonowned Watercraft
in Section ll - Who ls An Insured does not
apply,
9. CONSOLTDATED INSURANCE (WRAP-UP)
PROGRAMS
The following exclusion is added to Section I
Coverage A:
Thls insurance does not apply to any "bodily injury"
or "property damage" arising oul of any "wrap
project or premises" where an insured under this
policy is or was also an insured under one or more
commercial general liability (CGL) policies
(including any umbrella or excess policies thal
include the commercial general liability pollcy(ies)
as underlying insurance) included within a
"consolidated insurance (wrapup) program." This
exclusion applies even if the limits of insurance for
such "consolidated insurance (wratrup) program"
are exhausted or not collected for any reason,
including bankruptcy or insolvency of the insurer
providing coverage for the "consolidated insurance
(wl.apup) program'!. This exclusion also applies if
the CGL coverage afforded under the
"consolidated insurance (wraPup) program" is
narrower in scope than the coverage provided by
this policy.
This exclusion does not aPPIY to:
A. Products-Completed Operations Hazard
Exception
"Bodily injury" or "property damage" arising out
of an "insured's operations" at or in connection
with a "wrap project or premises" when such
"bodily injury' or "Property damage"
commences after the "products-completed
operations hazard" coverage or any completed
operations extension coverage provided by the
applicable "consolidated insurance (wrapup)
program" has ended or is no longer in effect.
B. Off-Site Location Exception
"Bodily injury" or "property damage" resulting
from an "insured's operations" at or in
conneclion with a "wrap project or premises" at
a location to which the applicable "consolidated
insurance (wrap-up) program" does not apply'
C. Repair Work And Punch List work
ExcePtion
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 A. Exclusion p. of Section I - Coverage A '
Bodily lnjury And Property Damage Liability
is replaced by the following:
p. Access Or Disclosure Of Confidential
or Personal lnfomation And
Data{elated Liability
Damages arising out of:
(1) Any access to or disclosure of any
person's or organization's confidential
or personal information, including
patenls, trade secrets, Processing
methods, customer lists, financial
information, credit card information,
health information or any other type of
nonPUblic information; or
(2) the loss of, loss of use of, damage to,
corruption of, inability to access, or
inability to manipulate "electronic data"
that does not result from Physical
injury to tangible ProPerty
This exclusion applies even if damages
are claimed for notification costs, credit
monitoring expenses, forensic expenses,
public relations expenses or any other
loss, cost or expense incurred by you or
others arising out of that which is
described in Paragraph (1) or (2) above.
However, unless Paragraph (1) above
applies, this exclusion does not apply to
liability for damages because of "bodily
injury".
B, Exclusion w. of Section I - Coverage B -
Personal and Advetising lnjury is replaced
by the following: :
w. Access Or Disclosure Of Confidential
Or Petsonal lnformation
"Personal and advertising injury" arising
out of any access to or disclosure of any
person's or organization's confidential or
personal information, including patents,
trade secrets, Processing methods,
customer lists, financial information, credit
card information, health information or any
other lype ol nonpublic information.
This exclusion applies even if damages
are claimed for notificalion costs, credit
monitoring expenses, forensic expenses,
public relations expenses or any other
loss, cost or expense incurred by you or
others arising out of any access to or
disclosure of any person's or organization's
confidential or personal information.
c. The following ParagraPh is added to Section
lll - Limils Of lnsurance:
Subject to Parigraph 5. EaGh Occurrence
Limit, the mosl we will pay under coverage A
for "property damage" because of all loss of
"eleclronic data" arising oul of any one
"occurrence" is $100,000, unless modified by
endorsemenl.
D. The following definition is added to section V
- Definitions:
"Electronic data. means information, facts or
programs:
a. Stored as or on;
b. Created or used on; or
c. Transmitted to or from;
computer soflware, (including systems and
applications software) hard or floppy disks'
CD-RO|\i]S, tapes, drives, cells, data
processing devices or any other media which
are used with electronically controlled
equipment.
E. For the purposes of the coverage provided by
this provision, the delinition of "property
damage" in Section V - Definitions is
replaced by the tollowing:
"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 lo occur at the time of the
physical injury that caused it;
b. Loss of use of tangible property that is not
physically in.iured. All such loss of use
shall be deemed to occur al the time oF
the "occurrence" that caused it; or
c. Loss of, loss of use of, damage to,
corruplion of, inability to access, or
inability to properly manipulate "electronic
data", resutting from physical injury to
tangible Property. All such loss of
"electronic date" shall be deemed to occur
at the time of the "occurrence" that caused
it.
For the purposes of this insurance, "eleclronic
data" is not tangible ProPerty
1,t. SUPPLEMENTARY PAYMENTS
ln the Supplementary Payments - Coverages A
and B provision:
The limit for the cost of bail bonds is increased lo
$2,s00.
Form Hs 24 50'12 20 Page 5 of 7
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7
12. TWO OR MORE COVERAGE PARTS OR
POLICIES ISSUED BY US
lf this policy and any olher policy issued to an
insured by us or any affiliated company provides
coverage that applies 10 lhe same claim or
damages, lhe maximum applicable limit(s) 0f
liabilily or limit of insurance under all the policies
will not exceed the highest applicable limit of
liability or limit of insurance under any one policy.
This condition does nol apply to any policy issued
by us or an affiliated company specifically writlen
to apply as excess insurance over this policy.
13. NOTICE OF CANCELLATION TO CERTIFICATE
HOLOER(S)
This policy is subject lo the following additional
Conditions:
A, lf this policy is cancelled by the Company,
other than for nonpayment of premium, notice
of such cancellation will be provided at least
thirty (30) days in advance of the cancellation
effective date to the certificate holde(s) with
mailing addresses on file with the agent of
record or the ComPanY.
B. lf this policy is cancelled by the Company for
nonpayment of premium, or by the insured,
notice of such cancellation will be provided
viithin (10) days of the cancellation etfective
date to the certificate holde(s) with mailing
addresses on file with the agenl of record or
the Company.
lf notice is mailed, proof of mailing to lhe last
known mailing address of the certificate holde(s)
on file with the agent of record or the Company will
be sufficient proof of notice.
Any notification rights provided by this
endorsement apply only lo aclive certificate
holde(s) who were issued a certificate of
insurance applicable to this policy's term.
Failure to provide such notice to the certincate
holde(s) will not amend or extend the date lhe
cancellation becomes effective, nor will it negate
cancellation of the policy. Failure to send notice
shall impose no liability of any kind upon the
Company or its agents or representatives.
14. CONTRACTUAL LIABILITY COVERAGE FOR
PERSONAL AND ADVERTISING INJURY
Exclusion e. of SECTION I - COVERAGE B
PERSONAL AND ADVERTISING INJURY
LIABILITY is replaced by the following:
This insurance does not aPPIY to:
e. Contractual Liability
"Personal and advertising injury" for which the
insured has assumed liabilily in a contract 0r
agreement, This exclusion does not apply to
liability for damages:
(1) That the insured would have in the
absence of the contract or agreement; or
(2) Assumed in a conlract or agreement lhat
is an "insured conlract", provided the
"personal and advertising injury" occurs
subsequent to the execution of the
contract or agreemenl. Solely for the
purposes of liability assumed in an
"insured contract-, reasonable attorney
fees and necessary litigation expenses
incurred by or for a party other than an
insured are deemed to be damages
because of "personal and advertising
injury", provided:
(a) Liability to such party for, or for the
cost of, that party's defense has also
been assumed in the same "insured
contracl"; and
(b) Such attorney fees and litigation
expenses are for defense of that party
against a civil or alternative dispute
resolulion Proceeding in which
damages to which lhis insurance
applies are alleged.
15. INSURED CONTRACT DEFINITION
a. INSUREO CONTRACT-CONSTRUCTION
OPERATIONS AND MUNICIPAL WORK
Paragraph d. of the definition of "insured
contract" in Section V - Definitions is deleted
and replaced by the following:
An obligation, as required by ordinance, to
indemnify a municiPality.
b. CONTRAGTUALLIABILITY
Paragraph f, of the definition of "insured
contracl" is deleted and replaced by the
following:
That part of any other contract or agreement
pertaining to your business (including an
indemnificalion of a municipality in connection
with work performed for a municipality) under
which you assume the tort liability of another
party to pay for ,bodily injury", "properly
damage", or "personal and advertising injury"
to a third person or organization. Tort liability
means a liability that would be imposed by law
in the absence of any contract or agreement.
Paragraph f. includes that part of any contracl
or agreement that indemnifies a railroad for
"bodily injury", "property damage", or
"personal and advertising injury" arising out of
construction or demolition operations, within
50 feet of any railroad property and affecting
any railroad bridge or treslle, tracks,
road-beds, tunnel, underpass or crossing.
However, Paragraph f. does not include
that part of any contract or agreement:
(1) That indemnifies an architect,
engineer or suNeyor for iniury or
damage arising out of:
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 (a) Preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reporls,
surveys, field orders, change
orders or drawings and
specifications; or
(b) Giving directions or instruclions, or
failing to give lhem, if that is the
primary cause of the injury or
damage; or
(2) Under Yvhich the insured, if an
architect, engineer or surveyor,
assumes liability for an injury or
damage arising out of the insured's
rendering or failure to render
professional services, including those
listed in (1) above and suPervisory,
inspection, architectural or
engineering activities.
All other terms and conditions in the policy remain
unchanged.
Form Hs 24 50 12 20 Page 7 ot 7
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Policy #57UEABA6WSN
with respect to duties as such. That
representiative will have all your rights and
duties under this Coverage Parl.
e. Unnamsd Subsidiary
Any subsidiary, and subsidiary thereof, of
yours which is a legally incorporated entity ol
which you own a tinancial interesl of more
than 50% of the voting stock on lhe effective
date ol the Coverage Part
The insurance afforded herein for any
subsidiary not named in this Coverage Pan
as a named insured does not apply to injury
or damage with respect to which such insured
is also a named insured under another policy
or would be a named insured under such
policy but for its termination or the exhaustion
of its limits ol insurance.
3. Newly Acqulred Or Fomad OTganlzatlon
Any organization you newly acquire or form,
other than a partnership, joint venture ol limited
liability company, and over which ),ou maintain
financial interest of more than 50% of the voting
stock, will qualify as a Named lnsured if there is
no other similar insurance available to that
organizalion. However:
a. Coverage under this provision is afforded only
until the 180th day after you acquire or form
the organization or the end of the policy
period, whichever is earlier:
b. Coverage A does not apply to "bodily iniury'
or "property damage' that occuned before
you acquired or formed the organization; and
c. coverage B does not apply to "personal and
advertising injury' arising oul of an offense
committed before you acquired or formed the
organization.
,1, Nonownad Watorc.art
With respect to watercraft )/ou do not o$n that is
less than 51 feet long and is not being used to
carry persons lor a charge, any person is an
insured while opetating such watercraft with your
Demission. Any other person or organization
iesponsible for the conduct o, such person is
also an insured, but only with respect to liability
arising out of the opera$on of the watercraft, and
only ii no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a. 'Bodily injunf to a co-'employee" of the
person operating the watercraft; or
b.'Property damage" to property owned by,
rented to, in the charge of or occupied by you
or the employer of any person who is an
insured under this Provision.
5. Additional lnsureds When Required By
Writtsn Contract, Written A8resment Or
Petmit
The following person(s) or organization(s) ale an
additional inaured ra,hen you have agreed, in a
written contract, written agreement or because of
a permit issued by a state or political subdivision,
that such person or organization be added as an
additional insured on your policy, provided the
iniury or damage occurs subsequent lo the
execulion of the contracl or agreement.
A person or organization is an additional insured
under this provision only for that perlod of tlme
required by the cont acl or agreement.
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 us and made a part of
this Coverage Part.
a. vendors
Any person(s) or organization(s) (reterred to
below as vendor), but only with respecl to
"bodily injury'' or 'property damage'arising
out of "your products" which are distributed or
sold in the regular course of the vendo/s
business and only il this Coverage Part
provides coverage for "bodily injurV' or
"property damage" included within the
"products-completed operations hazard".
(1) The insurance afforded the vendor is
subiect to the following additional
exclusions:
This insurance does not aPPIY to:
(a) "Bodily injury' or'property damage" for
which the vendor is obligated to pay
damages by reason of the assumptlon
of liability in a contract or agreement.
This excluslon does not aPPIY to
liability for damages that the vendor
would have in the absence of the
contract or agreement;
(b) Any express wananty unauthorized by
you:
(c) Any physical or chemical change in lhe
product made intentionally bY the
vendor;
(d) Repackaging, except when unpacked
solely for the purposg of inspection,
demonstration, testing, or the
substitution of parts under insttuctions
ftom the manufacturer, and then
repackaged in the original container;
(e) Any failure to make such inspections,
adiustments, tests or servicing as th€
vendor has agreed to make or normally
Pa{,e 12 ol21 HG 00 0'l 09 '16
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 undertakes to make in the usual
cours€ of business' in coflneclion with
the distribution or sale ol tho products;
(f) Oemonslration, installation, servicing
or repair oPerations, excePt such
operations perlormed at the vendo/s
premisos in connection with the sal€ of
the product:
(g) Products which, after distdbulion or
sale by You, have been labelsd or
relabeled or used as a container, part
or ingredienl of any olher thing or
substance bY or for the vendor; or
(h) "Bodily inju4/ or "property damage'
arising out of the sole negligence of the
vondor for its own acts or omissions or
those of its employees or anyone else
acting on its behalt. Hovvever, this
exclusion does not apply to:
(i) The exceptions contained in Sub-
paragraphs (d) or (0; or
(ii)Such inspections, adjuslmenb,
tests or seMclng as the vandor has
agreed to make or normallY
undertakes to make in the usual
course of business. in connection
with the dislribution or sale ol the
products.
(2) This insurance does not apply to any
insured person or organization, from
whom ),ou have acquired such products,
or any ingredient, part or contsiner,
entering into, accompanying or containing
Such Products.
b. Lassors Ot Equipment
(l) Any petson(s) or organization(s) from
whom you lease equipment bur only with
respec* to thelr liability for 'bodily injury",
"propelty damage" or "parsonal and
adveltising injury'caussd, 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
do€s not apPly to any "occurrence' which
takes place after the equlpmenl leas€
axpires.
c. La33ors ol Land Or Premlses
Any pelson or organization from whom you
lease land or premises, but only with respect
lo liability arising out of the ovrnership,
maintenance or use of that part of the land or
premises leased to You.
With respect to the insuranoe afforded these
additional insureds the following additional
exclusions apPly:
This insurance does not aPPIY to:
1. Any 'occurence' which lakes plsce after
you cease to lease that land; or
2. Structurel alterations. new construcllon or
demolition operations petfomed by or on
behalf of such person or organization.
d. Archilects, Engin€e6 Or Sufleyorg
Any architect, engineer, or surveyor, but only
with respect to liability for 'bodily injury',
'propedy damage" or "personal and
advertising injuqa caused, in whole or in part'
by your acts or omlssions or the acts or
omissions of lhose acting on your behalf:
(l) ln connection with your Premises; or
(2) ln the performance of your ongoing
operations performed by you or on your
behalf.
With respecl to the insurance atforded these
additional insurads, the following additional
exclusion applies:
This insurance does nol apply to 'bodily
injury", 'property damage" or "personal and
adv8rtising injury' arising out of the rendering
ol or the failure to render any professional
servicss by or for )rou, including:
1. The preparing, approving, or failing to
prBpare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
spacifications; or
2. Supervisory, inspection, architectural or
engineering activities.
Thls exclusion aPplies even if the claims
against any insurod allege negligence or
other vyrongdoing in the supsrvision, hiring,
employment, tralnlng or monitoring of others
by that insured, if the 'occurtence" which
caused the 'bodily lnjury' or 'property
damage', or the offense which caused the
"personal and advertising injuqf, involved thB
rendering of or the failure to render any
professional services by or for you.
r, P6]mlt3 lssued By Stata Or Polltlcal
Subdivirionr
Any state or political subdivision, but only with
respact to oPrations Performed by you or on
)our behalf lor which lhe slate or political
subdivision has issued a Petmit.
With respect to the insurance afforded these
additimal insureds, this insurance does not
ap,ply to:
(l) "Bodily iniury', "property damage" or
'personal and advertising iniuq/ arising
out of operations performed for the state
or muricipality; or
HG 00 01 09 16 Page 13 of 2l
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 (2) "Bodily injuna or "pmPerty damage'
included within lhe'Products-completed
oporations haza7d".
f. Any Othor Paiy
Any other person or organ'lzation who is not
an addilional insured undsr Paragraphs a'
through e. abovo, but only with respect to
liability fo]'bodily injuq/, "property damage'
or "personal and advertising iniury" caused, in
wholo or in part, by your acts or omissions or
the scts or omissions of lhose acting on )ou]
behalf:
(1) ln the performance of yout ongoing
operatlons:
{2} ln connection with your premis8s owned
by or rentsd to you; or
(3) ln connection with "your work" and
included within the "products-completed
opelations hazard', bul only if
(a) The wdtten contract or agreemenl
requires you lo provide such coverage
lo such additional insured; and
(b) This Coverage Part provides coYerage
for 'bodily iniury" or "property dam4e"
included withh the "ProducE-
completed operations hazard".
However:
(l) The insurance affordod to such additional
insured only applies to the extsnt
Dermined bY law: and
(2) lf coverage Provided to the additional
insured is required bY a confact or
agr6ement, lhe insurance afforded to such
additional insured will not be broader than
that which you are requiled by the contract
or agrcament to Provide for such
additional insured.
WM respect to the lnsurance aflorded to
these addltional insureds, this insurance does
not aPPly lo:
"Bodily iniu4/, 'property damage' or
''personal and advertising inlu4/ arising out of
the rendering of, or the failure to rendsr, any
professional architectural, engineering or
surveying sewices, including:
(t) The preparing, apProving, or failing to
prepare or aPprove, maps, shop drawings,
opinions, reports, surveys' field orders,
change orders or drawings and
speciricatlons; or
(2) Supervisory, inspection, architeclural ot
enginaering activities
Thls exclusion applies even if the clalms
against any insuted allege negligence or
other wrongdoing ln the suPervision, hiring,
employment, training oI monitoting of others
by that insured, il the "occurrence" wttich
caused the 'bodily iniuo/ or "prcperty
damago", or the offense which caused ths
'personal and advertising injury', involved the
rendering ot or the failure lo render any
professional sgrvices by or for you.
The limits of insurance that apply to additional
insureds is described in Section lll - Llmits Of
lnsurance,
How this lnsurance appli6 when other insurance
is available to the additional insured is descdbed
in the Oth8r lnsuranc€ 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 venlure or limited liabilily company lhat is not
shown as a NamBd lnsurod in the Declarations
SECTION III - LIMITS OF INSURANCE
1. The ltlo3t Wo Will Pay
The Limits ol lnsurance shown in the
Declarations and the rules below fix the most vve
will pay regardless of the number o{:
a. lnsureds;
b. Claims made or.suits' brought; or
c. Persons or organizatjons making clsims or
bringing 'suils".
2. General Aggregate Limit
Tha General Aggregata Limit is the most we will
pay for the sum of:
a. Medlcal expenses under Coverage Ci
b. Damages under Coverage A excePt
damages because of 'bodily lnjury" or
'proparty damage" included in the "products-
completed operations hazard"; and
c. Damages under Coverage B.
3, Products-Completed Op€ratlons Aggregato
Limlt
The Products-Completed Operations Aggregate
Limit is tho mosl we will pay under Coverage A
for damages because of "bodlly injun/ and
''property damag€" included ln the "products-
completad oporations hazard".
/+. Personal And Adyertising lnlury Llmlt
Subject to 2. above, the Personal and
Advgrtising lnjury Limit is the mGt we will pay
under Coverage I for the sum of all dam8ges
because of all "personal and advertising lniury'
sustained by any one person or organization.
5. Each Occ.rltrenc3 Limlt
Subject to 2. or 3. above, whichever applies' the
Each Occurrence Limit is the most we will pay for
lhe sum of:
a, Damaqes under Coverage Ai and
Pegr 14 ot 2l HG 00 01 09 16
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 primarily to provide mobility to permanently
attached equipment oI the following types:
(l) Air compressors. pumps and generators,
lncluding spraying, welding, building
cleaning, geophysical exploration, lighting
and well seNicing equipment or
(2) Cherry pickers and similar devices used to
raise or lower workersi
f. Vehicles not described in a', b., c. or d. above
maintained primarily for purposes other than
the transportation of persons or cargo.
However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but will
be considered "autos':
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenanco, but not
construction or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices
mounted on automobile or truck chassis
and used to ralso or lower workers; and
(3) Air compressors, pumps and generalors,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well seNicing equiPment.
Howevel, "mobile equipment'does not include
any land vehicle that is subject to a compulsory
or financial responsibility law or other motor
vehicle insurance law where it is licensed or
principally garaged. Land vehicles sub.iect tc a
compulsory or linancial responsibility law or other
motor vehicle insurance law are considered
'autos'.
l6."Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.
l7."Perconal and sdvortlslng lnjury" means
iniury, including consequential "bodily injury"
arising out of one or more of the following
offenses:
a. False anest, detention or imprisonment;
b. Malicious plosecution;
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or premises
that a person or organization occupies,
committed by or on behalf ot its owner,
landlord or lessor;
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
s€rvices;
e. Oral, written or electronic publication, in any
manner, of material that violates a person's
right of privacy;
f. Copying, in your 'adverlisemenf, a person's
or organization's 'advertising idea' or style of
"advertisement'; or
g. lnfringement of mpyright, slogan, or title of
any literary or artistic work, in your
'advertisement'.
18. "Pollutants" mean any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
1 9. "Produc{s-complsted operatlons hazard":
a. lncludes all "bodily injun/ and 'property
damage' occurring away flom premises you
own or renl and arising out of ')'our product"
or "your work" excePl:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet been cornpleted or
abandoned. However, "1our wo*'will be
deemed mmpleted at the earliest of the
following times:
(a) When all of the lrlork called for in your
contract has been comPleted.
(b) When all of the work tl be done at the
iob site has been comPleted if Your
contract calls for work at more than
one job site.
(c) When that parl of the work done at a
job site has been put to its intended
uso bY any Person or organization
other than another contractor or
submnlractor working on the same
project
Work that may need service,
maintenance, conection, rePair or
replacement, but which is olherwise
complete, will be treated as completed
b. Does not include 'bodily injury' or "property
damag6' arising out of:
(l) The transportation of property, unless the
injury or damage arises out of I condition
in or on a vehicle not owned or operated
by you, and that condition was created by
the'loading or unloading" of that vehicle
by anY insured;
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials; or
(3) Products ot operations for which the
classitication, listed in the Oeclarations or
in a policy Schedule, states that products'
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7
24."Your product":
a. M€ans:
(1) Any goods or producls, other than real
property, manufactured, sold, handled,
dlstributsd or disposed of bf
(a) You;
(b) Others trading underyour name; or
(c) A p6rson or organization whose
buslness or assets you have acquired;
and
(2) Containers (other than vehicles),
materials, parts or equipment fumished in
cohnsction with such goods or products.
b. lnclud€s
(1) Wananties or representalions made al
any time with respect to the fitness,
quality, duraUlity, perfomance or use ot
"your product': and
(2) The providing of or failure to provide
wamings or instmctions.
c. Does not include vending machlnes or cdher
properly rent€d to or located for lhe use of
otheB but not sold.
25.'Your work':
a. Means:
(l) Work or operations performed by you or
on your behalfi and
(2) Materials, parts or equipment furnished in
conneclion wilh such work or opBrations.
b. lncludes
(1) Warranties or representalions made at
any time with resp€ct to the titness,
quality, durability, perlotmance or use of
'your woik', and
(2) The providing of or failure to provide
wamings or instructions.
HG 00 0t 09 16 Pago 2'l of 2l
completed operations are subiecl to the
General Aggregale Limit.
20, "Proporty damage' means:
a. PhFical iniury to tangible properly, including
all resulting loss of use of that property. All
such loss of us6 shall be dsemsd lo occur at
the time of the physical injury lhat caused it;
OJ
b. Loss of use of tangible properly that is not
physically injured. All such loss of use shall
b6 deemed to occur at the lims of the
'ocdrrrsnce' lhat caused it.
As used in this definition, computerized or
elgctronically stored data, programs or software
are not tangible property. Electronic data means
inlormation, facts or programs:
e, Stored as or on;
b, Created or used oni or
c. Transmitted to or from:
computer soltware, including systems and
appllcatlons software, hard or noppy dlsks, CO-
ROIIS, tapes, drives, cells, data processing
devices or any other media which are used with
elect onically controlled equipment.
2'l."Sult" means a civil proceeding in which
damages because of 'bodily injury', "property
damage'or "p€Isonal and advertising injury' to
which this insurance applies 8re alleged. "Suit"
includes:
a. An arbitration proceeding in whlch 6uch
damages are claimed and to which the
insured must submit or doas submit with our
cons6nl; or
b. Any othor altemative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits with
out consent.
22. "T6mporary worke/'msans a person who is
furnished lo you to substitute for a pormanenl
"employee' on leave or to meet seasonal or
short-lerm workload conditions.
23. "Voluntsor wod(orn means a person who
a. ls not your 'employee";
b. Donates his or her work:
c, Acts at the dir9ction of and within the scope
ot duties determined by !,ou; and
d. ls not paid a fes, salary or other
compensallon by you or anyone else for their
work performed for you.
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Policy No. 5TUEABA6WSN
(3) Any manager, if you or the additional
insured is a limiled liability compeny;
(4) Any "executive office/' or insurance
manager, if you or the additional insured is
a corporalioni
(51 Any trustee, if you or lhe additional
insured is a trust; or
(6) Any elected or appointed official, if you or
the additional insured is a political
subdivision or Public entity.
This duty applies separately to you and any
additional insured.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otheMise bring us
into a "suit" asking for damages from an
insured; or
b, To sue us on this Coverage Parl unless all of
ils lerms have been fully complied with
A person or organization may sue us to recover
on an agreed settlemenl or on a final .ludgment
againsl an insured; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or that are in excess of the
applicable limit of insurance. An agreed
setllement means a setllement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.
4. Other lnsurance
lf other valid and collectible insurance is
available to the insured for a loss we cover under
Coverages A or B of this Coverage Part, our
obligations are limited as follows:
a- Primary lnsurance
This insurence ls primary except when b.
below applies. lf olher insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess lnsurance
This insurance is excess over any of the other
insurance, whether Primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage, Buildefs
Risk, Installation Risk or similar coverage
for'your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises renled to you 0r
temporarily occupied bY You with
Permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to
co\,/er your liability as a tenant for
"property damage" to premises rented to
you or temporarily occupied by you with
permission of lhe owner;
(4) Aircrafr, Auto or Watercraft
lf the loss arises out of the mainlenance 0r
use of aircraft, "autos" or walercrafl to the
exlent not subjecl to Exclusion g. of
Section I - Coverage A - Bodily lnjury And
Property Oamage Liability;
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
lf the loss arises out of "propetty damage"
to borrowed equipment or the use of
elevators to the extenl not subject to
Exclusion j. of Section I ' Coverage A -
Bodily ln.iury And Property Damage
Liability;
(6) When You Are Added As An Additional
lnsured To Other lnsurance
Any other insurance available to you
covering liability for damages arising oul
of the premises or operations, or products
and completed operalions, for which you
have been added as an addilional insured
by that insurance; or
(7) When You Add others As An
Additional lnsured To This lnsurance
Any other insurance available to an
additional insured.
However, the following provisions apply to
other insurance available to any person or
organization who is an additional insured
under this coverage Part.
(a) Primary lnsurance When Required
By Contract
This insurance is primary if you have
agreed in a written contract or written
agreemenl lhat this insurance be
primary. lf other insurance is also
primary, we will share with all that
other insurance bY the method
described in c. below.
(b) Primary And Non-Contributory To
Other lnsurance When Required BY
Contract
lf you have agreed in a writlen
contract, wTitten agreement, or permit
that this insurance is primary and non-
contributory with the additional
insured's own insurance, this insurance
is primary and we will not seek
contribution from tnat other insurance
Page '16 of 21 HG 00 01 09 16
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Policy No. 5TUEABA6WSN
Paragraphs (a) and (b) do not apply to
other insuranoe 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 "suil" if any other
insurer has a duty to defend the insured
against that "suit". lf no other insurer detends,
we will underlake to do so, but we will be
entitled to the insured's rights against all
those other insurers.
Vvhen lhis insurance is excess over olher
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(1) The total amounl that all such other
insurance would pay for the loss in the
absence oflhis insurance: and
(2) The total of all deductible and self-insured
amounts under all lhat olher insurance.
We will share the remaining loss, if any, with
any olher insurance that is not described in
this Excess lnsurance provision and was not
bought specifically to apply in excess of the
Limits of lnsurance shown in the Declarations
ofthis Coverage Part.
c. Method Of Sharing
lf all of the other insurance permits
contribution by equal shares, we will follow
this method also, Under this approach each
insurer conlributes equal amounts until it has
paid its applicable limit of insurance or none
of the loss remains, whichever comes flrst.
lf any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. under this method, each
insureds share is based on the ratio of its
appticable limit of insurance to the total
applicable limits of insurence of all insurers.
5. 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 premium for that period
and send notice to the first Named lnsured.
The due date for audit and retrospective
premiums is the date shown as the due dale
on the bill. lf the sum of the advance and
audit premiums paid for the policy period is
greater than the earned premium, we will
ielurn the excess to the first Named lnsured'
c. Tne first Named lnsured must keep records of
the informalion 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 Declaralions are
accurate and comPlete;
(2) Those slalements are based upon
represenlations You made to us; and
(3) We have issued lhis policy in reliance
upon your representations.
b. Unintentional Failure To Disclose Hazards
lf 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 lnsureds
Except with respect to the Limits of lnsurance,
and any rights or duties specifically assigned in
this Coverage Part to lhe first Named lnsured,
this insurance applies:
a. As if each Named lnsured were the only
Named lnsuredi and
b. Separately to each insured against whom
claim is made or "suit' is brought.
8. Tmnsfer of Rights Of Recovery Against
Others To Us
a. Transfer of Rights Of Recovery
lf the insured has rights 10 recover all or part
of any payment, including Supplementary
Payments, we have made under this
Coverage Part, those rights are transfened to
us. The insured musl do nothing afler loss to
impair them. At our request, the insured will
bring "suit" or transfer those rights to us and
help us enforce them.
b. Waiver Of Rights Of Recovery (Waiver of
subrogation)
lf the insured has waived any rights of
recovery against any person or organizalion
for all or part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, we also waive that
right, provided the insured waived their rights
of recovery against such Person or
organization in a conlract, agreement or
permit thal was executed prior to lhe injury 0r
damage.
9. When We Do Not Renew
lf we decide not to renew this Coverage Part, we
will mail or deliver to the tirst Named lnsured
shown in the Declarations written nolice of the
HG 00 01 09 15 Page 17 ot 21
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 #Policy no. 5TWEAAJ9MEN
THIS ENDORSEMENT CHANGES THE POLICY' PLEASE READ lr CAREFULLY'
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT . CALIFORNIA
we have the right to recover our payments from anyone liable for an injury clvered by this policy. we. will not enforce our riglit against the person or organization named in the Schedule. (This agreement appliss only to the "it"ni
tt at yo-, periorm work under a writi;n contract that requires you to obtain this agreement from us.) You musl 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
P€rson or Organlzallon
Any person or organization from whom
you are required by written contract or
agreement to obtain this waiver of
rights from us.
Countersigned bY
Job Description
Authorized presentative
Pollcy Explratlon Oai.ez 0210112025Form WC 04 03 06 (1) Printed in U.S.A.
Procsss Date: OZl0ll2024
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Executed in Duplicate Bond No.: 0849395
Premium: $547.00
BOND OF TAITIIFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENT, that WHEREAS, the City of Salinas, Monter€y county, state of califomia, by Resolution No. 22850 O{.C.S), passe.d December 5. 2023. has been awarded to p9g5 Electric Solutions. Inc.. heleinafter designaled as "hincipa[," a Cont'act/Project for
ON-CALL STREETLIGHT MAINTENANCE SERVICES
WHEREAS, said Principal is required under the terms of said ContractlProjoct to ftrnish a Bond for the faithful performaace of said Conkact/Project
Now, thereforg We, the Principal and
-
Harco National lnsurance Company
Surety, are held and firmly bounded !o the City of Salinas, MoDtsroy Courty, Califomiq in the as
penal sum
of hftv thousand
($50,000.00) Doltars, Iawful money of the United States, being not lecs thm 100% of the estimated ContracUProject cost of the work for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administr&tors and successors, jointty and severally, frrnly by these presents.
THE CONDITION OF TItrS OBLIGATION IS SUCH, that if the above bound Principal, hiyher or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and rvell and truly keep and faithftlty perform tho covenants, conditions. and agreements in the said Contract/Project and any alterations made as therein provided, on hisiher or their p8r! to bs kept and pcrformcd at the timc and in the manner therein specified, and in all respects accordi.ng to their true intent and meaning, and shall indemnif and save harmless the City of Salinas, its officers and agenb, as therein stipulatod" then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
As a condition precedent to the satisfactory completion of the said Contract{Project the above obligation ur the amount ofnot less than {ft of the estimated Conbact/Projcct cost, shall hold good for a period ofl yg afuu the completion acceptance of the said worlg during which time if the above bound Principal, his/her or its heirs, execulors, adminishators, successorc or assigns shall fail to make full completc and satisfactory repair and replacemenls or totally protect the said City of Salinas fiom loss or damage made evident durilg said poriod of/ ycar from the date ofacceptance ofsaid worlq and resulting lrou or caused by defective materials or faulty workmanship in fre prosecution ofthe work done, the above obligation in the aflount of not loss than ]!ft of the total bid Proposal cost shall remain in firll force ald virtue, otherwise the above obligahon shall be void. However, nothing in this paragaph to the cont-ary notwithstanding, the obligation ofthe Sur€ty hereunder sh&ll continue so long as any obligation ofthe Principal remains.
For any moneys eamed by the Principal and withheld by the City of Salinas to ensure the performaace of the Conh&ctlProject, the Principal may, at hiVher rcquest and expense, substitute securities equivalent to the emount withheld in the form and manner and sub-iect to the conditions provided within the Provisions Section 22300 ofthe Public Contracs Code ofthe State of Califomia.
And th6 said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration and addition to the terms ofthe Contract/Project or to th€ work to bc performed thcreunder or tho Specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such ohange, extonsion of time, alteration or addition to the terms ofthe Contractor or to the work or to the Specifications.
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Bond No.: 0849395
IN MTNESS WHEREOF the above bond parties have executed this instrument under their seals this 9th of February 20 24 , the name and
corporate seal ofeach corporate party being hereto affixed and these presents duly signed by its undersigned rcpresentative; pursuant to authodty of its govcming body.
Principal Name: Bear tslectric Solutions. Inc.
Address:
(Athch Notary Acloowle.dgrreot)
(Attach Notary Acknowledgment)
(Stsrd.,. in btu tn*)
(Slslnn,. ln btu. ink)
Swaty Name: Harco National lnsurance Company
3003 Oak Rd. Suite 200,
Walnut cA 94597
By
6ttdt . tn bhz k )
Polio, Attorney-in-Fact
(Sl$dttr. Ia btlt. inq
dav
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 cALrFORlllA ALL-PURPOSE ACK OWLEDGMEI{T clvlL coDE s 1189 iarrc4fa<.4affi r.r.\aaa,cfx)ar,a'(.tr.a(ie.]c.,{,a{a!:6ccf,cfidYicca.(Ga; A notary public or other oflicsr completing lhis ce(ificate veifies only ihe idemity oI the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Califomia
nty of San FranciscoCou
On 707qL a
personally appeared Rossio Polio
Name(s) of Signer(s)
who provsd to me on the basis of satisfactory evidence to b€ the person(s) whose name(s) iyare subscribed to the within instrument and acknowledged to me that he,/sheithey executed the same in hiyher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. @"ffiffii#i*,
Signature
Place Notary Seal AboYe
OPTIONAL
'l'itle or Typ€ of oocument:
Number of Pages:
-
Signer(s) Other Than Named Above:
Capacity(ie6) Claimed by Signer(sl
Signeas Name :Rossio er's Name:
Signature of Notary Public
Though this section is optional, completing this information can deter eltention of the document or fraudulent reattachment of this torm to an unintended document' Desc.iption of Attached Document
Document Date:
! Corporate Officer - Title(s):
! Partner - tr Limited Lr General I Panner -L lndividual I I Trustee
n Fact
or Conservator
i I Other:
tl Officer - Title(s):
mited
D lndividual
! Trustee
lX Attorney in Fact
I I Guardian or Conservator
l. Other:
Signer ls Representing: Signe
&!x,Ec
@2014 tlational Notary Association . www.NationalNotary.org ' |-800-US NOTABY 0-800-876-6824 ltem *5907 presenting
)
before me. Nerissa S. Bartolome, NotarY Public ,
Here lnsert Name and Title of the Officet
I certify under PENALTY OF PEBJURY under the laws
of the State of California that the foregoing paragraph is true and conect.
WITNESS my hand and ofiicial seal.
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 5 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Cal a
)County of
On before me,
Here ln ome nd Title of the
personally aPPeared
Nome(s) of Signe4s)
c._.
l4h ^!{ryJ.
unxE
w_,mffi;,,
,1
Signature
Ploce Notory Seol ond/or Stqmp Above stgno re of Notory Public Completing this informotion con deter olterotion of the document or froudulent reottochment of this form to on unintended document.
Description of Attached Document
Title or Type of Document:
Document Date Number of Pages
Signe(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
o2019 National Notary Association
who proved to me on the basis of satisfactory evldence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hls/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
OPTIONAL
Signeas Name:
E Corporate Officer - Title(s):
-tr Partner - o Limited o G.neral
-
E lndividual tr Attorney in Fact
tr Trustee o Guardian or Conservator
tr Other'
-
Signer is Representing: _._---
D Corporate Officer - Title(s):
-tr Partner - D Llmited o e"n"rJ-
D lndividual El Attorney in Fact
Et Trustee tr Guardian or Conservator
tr Other:
-
Signer is RePresenting:
--
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7
POWER OF ATTORNEY
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companles of IAT lnsurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 FIDELITY INSURAI{CE COMPANY have each executed and atested these prcsents on this 31st dayof December,2023
Bond # 0849395
Kt{Ow ALL MEN BY THEsE PRESENTS: That HARCO I{ATIONAL lt{SURANCE COMPAT{Y, a corporation oeanized and existing underthe laws of the State of lllinoi6, and INTERNATIONAL FIOELITY INSURANCE COMPANY, a corporation organized and existing under the lawE ofthe State ot New Jer6ey, end having their principal offces located respeclively in the cities of Rolling Meadows. illinois and Newark, New Jer6ey. do hereby constitute and appoint
VALERIE TAKEL'CHI, CHRISTINA PARSONS, KAREN R|OOES, RO.SSIO POLIO CIiRISTOPIIER M FT]U/ELL LUCY M O(,lH'.I'i, KELLY HOLTEMANN, THOMAS E HI]GI€S, CMRLESR SHOEM'.KER, ZACMRY OVERBAY, MARK M MUNEKAWA NERISSA S BARTOLOME ANDREW S I.IOLLO\ AY, JOAN D€LUCq PATRICK R DIEBEL, YIONNE
RONCAGLIOLO
San Francisco, cA
theh true and lawful attomey(s)-in-fact lo execute, seal and deliver for and on its behalf a6 surety, any and all bonds and undertakings, contracts of indemnity and other vwitings obligatory in the nature thereof, which are or may be allowed. required or permitted by law, statute, rule, reguhtion, conkact or otherwise, and the execr.taon of such instrume.t{s) in pursuance ot these presems, shall be as bindirE upon the s€id HARCO NATIONAL I SURANCE COMPANY and IHTERI{ATIO AL FIDEUTY INSURANCE COMPANY, as tully and amp}y, to all intents and purpose6, as it the same had been duly executed and ackno$dedged by thefu regulady elected officels at their prirEipal offc€s.
This Power of Atomey is executed, and may be revoked, pursu€nt to and by adhonty ofthe By-Laws of HARCO NATIOI{AL INSURANCE COMPANY and INTERNATIONAL FIOELITY INSURANCE COMPANY and is granted under and by aulhority of the iollo'ring resohJtion adopted by the Etcard of Directors of INTERNATIONAL FIOELTTY |i{SURAIICE COMPANY at a meetinq duly held on the 13h day of Oecember, 2018 aM by the Board of Oirectors of HARCO NATIONAL INSURANCE COMFA(Y at a meeting held on the 'l3th day of December, 2018. 'RESOLVED, that (1) the Chief Execdive Ollcer, Presijent, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shell have the pov/er to appoint, and to revoke the appointments of, Attomeys-in-Fact or agents with power and authority as defned or limited in their respective powers of attorney, and to execrde on behalf of the Corporetion and amx the Corporelion's seal thereto, bohds, undertaking6, .ecognizances, contracts of indemnity and other writlen obligations in lhe nalure lhereol or related thercto; and (2) any such Offrce6 of the Coeoration may appoinl and revoke the appointmenls of joir -conkol custodians, agents tor acceptance of process, aM Attomeys-in-fact with authority to execute waivers ard consents on behalf ofthe Corporatron; aM (3) the signature o{ any such Offrcer ot the Corporatbn and the Corporalion's seal may be affixed by facsimile lo any power of attorney or certification given for the execution of any bond, undertakng, recognizance, conhact of indemnity or other written obllgalion in lhe nature thereof or related thereto, such 6ignature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporalion as the original signature of such officer and the original 6eal of the Corporalion, to be valid and binding upon the Corporation with the $me force and effect a6 though manually affxed.'
lN WITNESS WHEREOF HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
STATE OF NEW JERSEY
County of E$ex
Kenneth Chapman
Executive Vice President, Harco National lnsurance Company and lrnemational Fidelity lnsurance Company
On this 31sl dayof December,2023 , before me came the indivadualvrho executed the lrecedang inslrument, to me personally known, and, being by ryE duly swom, said he is the therein described and authorped offcer of HARCO NATIOI{AL INSURANCE COMPANY and INTERNATIONAL FIOELITY INSURA'ICE COMPANY;that the seals affixed to said instrument are the Corporate Seals ofsaid Companies;that the said Corporate Seals and his signature were duly affixed by order ofthe Eoards of Oirectors ofsaid Companies. i:;l::.,'Iil!ii,i!r selr- i*i: o i rtaa :'i -:
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! iio'oIi :': .t e!r". ..' :
ft;f6]*-1j
C**6 a>6
Cathycruz a Notery Publb of New Jersey
My Commission Expires Apdl 15, 2024
tutfu
CERTIFICANON
l, the Ltndersigned ofrcer of HARCO NAIONAL INSURANCE COMPANY and I IERNATIONAL FIDELITY INSURANCE COMPANY do hereby certity that I have compared the foregoing copy ofthe Po\rer of Attorney and aftavit, and the copy otthe Seciions ofthe 8y-LawE of said Companies as set forth ih said Power ofAltomey, with the originals on fle in lhe trome omc€ ol t€EI companies, and thal the same are correct tran6cripta lhereof. and ofthe whole of the said originals, and that the said Power oJ Attomey tas 6ot b€en rsvoked and is now an full force and effeci. lN IESTIMONY WHEREOF, I have h€reunio set my hitld orl $l6lhf. Febn.ry @, 2024 it.
stll
tgx
IY
A00467
lrene Martina, A8aialar( Secretary
STATE OF ILLINOIS
County of Cook
lN TESTIMONY WHEREOF, I have hereunto set my hand effixed my Official Seal, at the City of Newerk New Jersey the d3y and year lirst above writlen.
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Executed in Duplicate Bond M.: 0849395
Prernium: lncluded in Perf. Bond
PAYMENT BOND (LABOR & MATERLAL)
KNOW ALL MEN BY THESE PRESENT, that WHEREAS, the City of Salinas, Monterey County, Stale of California by Resolution No. 22850 has b€m alvarded to-E€alElgEtrig.SeludaqE-In9. hereinaftor designated as "Principal," a Contrart/Project for
ON-CALL STRI,ETLIGHT MAINTENANCE SERVICES
WHEREAS, said Principal is required to fumish a bond in connection snd v.ith said Contract/Project providing that if said Principal, or any of hisAer or i6 Subcontractors, shall fail to pay for any materials, provisions, provender or otler supplies or teams used in, upoq for or about the performance for the work Contracted to be done, or for any work or labor done thereoa of Eny kin4 thc Surety ofthis bond will pay thc ssmc to the exterd hereinafter set forth;
WHEREAS, said Principal is required under the tems of s3id Contract/Project to fi.mish a Bond for the faithful peformance of said Contract;
Now, therefore, We, the Principal Harco National lnsurance Company Surety, are held and firmly bounded to the City of Salinas, Monrerey Couuty, California, in the penal sum of fiftv thousand
65!.400-0Q Dollars, lawfrrl money of thc Uniled Statcs, bcing not less than 100% of the estimated Contract/Project cost of the work, for the payment of which sum welt and truly to be made, we bind oursolves, our hcirs, exccutors, administrators and succa:sors, joinrly and swerally, firmly by these presents.
Tt{E CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, bjVher or its heirs, executors or administrators, successors or assigns, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for or about the performance ofthe wort Contracled to be dotre, or for atry work or labor thereon ofany rcspect to such work or labor, as required by the provisions of Division 2, Part l, Chapter 5 of the Public Contacts Code of the State of Califomi4 and provided that the pcrsons, companies or other supplies, teams, appliances or power used in, upon, for or about the perfomrance ofthe work contracted to be executed or performed, or any person, company or corporation renting or hiring teams or implements or machinery of power for or contributing to said work to be done, or any person who performs work or labor upon sam€, or any person who supplies both work and malerials therefore, shall have complied with the provisions of said Government Code, tfien said Suety will pay the same in or to an amount not exceeding the amount hereinabove set forth. and also will pay in case suit is brought upon this bond, such reasonable attomeys fee as shall be fixed by the court, awarded ald taxed as in the above- meutioned Code provided.
This bond shall inurc to thc bencfit ofaoy and all persons, companics and corporalions ctrtitled 10 filo claims under said Government Code, so as to give a ght to action to them or thek assigns in any suit brought upon this bond,
Ancl the said Surety, for value received, hereby stipulates and agrees that no change, extcnsion of time, alteration or addition to the lerms of the Contract/Project or to the work to be performed thereunder or the Specifications accompanying thc same shall in anyway affect its obligations of this bond and it does hereby waive notice of any such change, extension of timg alteration or addition to the terms of the Contract/Projeot or to the v/ork or to the Specifications.
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 Bond No-: 0849395
o(ecuted this instument rmdo dreir seals thisIN WITNESS WHEREOF, the above bond parties bave February 2024 the name and9th of
corpoElte seal ofeach corporate Party being hereto afxed and these presents duly signed by its undersigned reproseDtative; pursuant to authority of its goveming body.
Principal Name: Bear Electic Solutions. hc.
Address: l252StatesM . -
(Attach Notary Ackaowledgnent)
By:
6:ign tu t td bIrc lnl)
Suety Name: Harco National lnsurance Company
Address: 3003 Oak Rd. Suite 2o0,
Walnut cA 94597
(Attach Notary Acknowledgment)
&ntui.i,blt irh)
Polio, Attorney-in-Fact
By, N/A
(Sltndtu.lh blt. lr*)
s
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 5 '1189
A notary public or other officer completing this certificate verifies onlythe identity ofthe individualwho signedthe document to which this certificate is attached, and not the truthfulness, accuracy, or validity ot that document.
State of Califor
County of
On before me,
Dote lnseft Nome ond Title of the Officer
4personally appeared
Nome(s) of Signe4s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Lc-,
i
ffi",mm,,
tr Partner - El Limited tr General
tr lndividual trl Attorney in Fact
D Trustee o Guardian or Conservator
tr other:
Signer is RePresenting
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and offlcial seal.
tr Partner - tr Llmited D General
D lndividual D Attorney in Fact
tr Trustee tr Guardian or Conservator
tr other
I
Signature
Ploce Notory Seol ond/or Stomp Above sl oture of Notory Public Completing this informotion con deter olterotion of the document or froudulent reottochment of this form to on unintended document' Description of Attached Document
Title or Type of Document:
DocumentDate: Number of Pages
Signe(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signefs Name:
tr Corporate Officer - Title(s) tr Corporate Officer - Title(s) O2019 National Notary Association
Signer is Representing
OPTIONAL
Signer's Name:
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7 GAL!FOR]{|A ALL-PUnPOSE ACKNOWLEDGUEI{T clvlL coDE s 1189 ,fd",(:Qca
A notary public or other otlicer completing this ceniricate verifies only ths identity ot the individual who signed the document to which this certificate js attached, and not the truthtulness, accuracy, or validity oI that document.
State of California
County of San Francisco
On 7DL before me, Nerissa S. Bartolome. Notary Public
te Here lnsert Name and Title of the Ofticer
personally appeared Rossio Polio
Name(s) of Signerls)
who proved to me on the basis of satistactory evidence to be the person(s) whose name(s) ivare subscribed to the within instrument and acknowledged to me that her'sher'they executed the same in his,/her/their authorized capacity(ies), and that by hiyher/their signature(s) on the instrument the person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument.
L
I certity under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and conect.
WITNESS my hand and official seal.
7D"--.< /1^A-Signature
Signature of Notary Public
Place Notaty Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this fofln to an unintended document.
Description of Attached Document
Title or Type of Document: Documsnt Oate:
Number ot Pages: --- Signer(s) Other Than Named Above:
Capacity(i€s) Claimed by Signor(s)
Signer's Name: r's Name:
(- Officer - Title(s)
mited I lPartner -I lndividual
I lTrustee
n Fact
or Conservator
Other:
sig ner
xp(,la
@2014 National Notary Association ' www.NationalNotary.org ' 1-800'US NOTARY 0-800-876'6824 ltem *5907 0 )
)
I Corporate Otficer - Title(s):
-
tr Partner - tr Limited L -l General
U lndividual LX Attorney in Fact
D Trustee I lGuardian or Conservator
r Other:
-
Signer ls Representing: __-_-
DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7
POWER OF ATTORNEY
HARCO NANONAL INSURANCE COMPANY
INTERNANONAL FIDELITY INSURANCE COMPANY
Member companies of IAT lnsurance Gloup, Headquartered: il20o Six Forks Rd, Suite lit00, Raleigh, NC 22609 KI{OW ALL MEN BY THESE PRESE TS: That HARGO NATIONAL INSURAI{CE COMPAI/Y. a coporation organized and existing under the taws oflhe State of lllinois, and |I{TERNATIoiIAL FIOELITY INSURANCE GOMPAI{Y, a corporation o€anized and existing underthe laws of t}le State of New Je6ey. and having their principal oflict6located respectively in the cilie6 of Rolling Meado$/6, lllinois and Newa*, N;w Jersey, do hereby clnstitute and appoint
VALERIE IAKEUCHI, CHRISIINA PARSOiIS KAREN RIIOOES, ROSSIO POLIO CHR]STOPHER M FIOIA/EL! LUCY M DIJNHAM KELLY I"IOITEMANN IHOMAS E H!]GHES CI{ARLES R SHOEMAXER, ZACHARY OVERBAY MARX M MUNEKAWA NERISSAS B,ARTOLOME ANOREW S HOLLOWAY, JOAN DELUCA, PATRICK R DIEBEL WONNE
RONCAGLIOLO
San Francisco, CA
their true and lawful attorney(s)-in-hct to execute, 6eal and deliver fur ard on its betElf as surety, any and all bonds and undertakings, conkacta ol indemnrty and other writings obligatory in the nature lhereof, which are or may be allowed, required or permitted by law. stratule, rule, regulation, conkact or otherwise, and ttle execution ot such instrument(s) io pursuance of these pre6er{s, shall be as binding upon the said HARco NATIONAL INSURAI{CE COMPAI{Y ard II{TERi{ATIONAL FIOELITY I SURANCE COMPAIIY, as tufiy and amp!, to aI ittents ard pu.po6es, as it the same had been duly executed and acknou,ledged by their regulady elected ofhcets at lheir principal offic€6.
This Potver of Attomey i6 executed, and may be revol@d, pursuanl to and by authority otth€ 8y-Lani ofHARCO ATIOI{AL |ISURANCE COMPANY and Ii{TERNATIONAL FIDEUTY ll{SURAttcE COMPA Y and is granted u.ier and by authority of ate |otbwing resotution adopted by the Board of Dilectors ot |ITERtrATIONAL FIDELITY ll{SURAt{CE COMPANY at a meeting duty hetd on the 13th day of Oecember,2OtB and by the Board of DilectoIs ot HARCO NATIONAL INSURAXCE COMPAT{Y at a meeting hetd on the 13th day of December, m18. "RESOLVED, that ('l) the Chief Executive Of,ice( Presller , Executive Vice Plesident, Senaor Vace President. vice president, or secretary of the Corporatlon 6hall have fhe power to appoint, and to revoke the appoiotment6 ol Atloheys-in-Fact or agents with power and authority as defned or limited in lheir reapeclive powers ot attomey, and to execute on behalf of the corporation and aftx the Corporation's r€al therelo, bonds, underteking3, re@gnizences, contracts of indemnity end other wrilten obligations in lhe nature thereof or related thereto; and (2) any such Offcers of the Corpoiati;n may appoint and rcvoke the eppointments of roinl-control custodians, agen8 ,or acceptance of prccess, and Attomeys-in-fact wilh authority to execute \ aivers and consents on behalf of the corporation; and (3) the signature oI any such O6cer of the Corf,oration and the Corporation's seal may be affred by hcaimile to any po,,rler of attomey or cedifcation given for the execution of any bond, undertaking, recognizance, contracl of indemnity or other written obligalion in the nature thereol or related thereto, such signature and seals when so used Mether heretofore or herealter, being hereby adopted by the Corpordtion a8 the original sbnature ot such officer and the onginal aeal ofthe Corporation, to be valid and banding upon the Corpo6tion with the same force and efiect a6 though manually afrted."
Bond I 0a4$95
lN WTNESS WHEREOF, HARCO NAIIOiIAL T SURANCE COMPANy and INTER FIOELITY INSURAIICE COMPANY have each executed ard attested lhese pEsents on thiB 316t dayof December,2023
STATE OF NEWJERSEY
Cour{y of €ssex
STATE OF ILLINOIS
Courty of C,ook
ATIONAL
Kenneth Chapman
Executive Vi,re President, Harco National lnsurance Company and lntemationa, Fidelity lnsuranc€ Company
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on this 31st day of December, 2023 , before me came the indrvidual vrho executed the paeceding inskurnent. to me personally known, and, being by rE duly Bwom, said he is the therein described and authorized offcer of HARCO NATTONAL [{SURAtrtCg CoMpltty and INTERNATIONAL FIOELITY INSURAiICE COMPAI,IY; that ttE seals afnxed lo said instrumenl are the Coeorate Seats of said Companies; thal the said corporale seals and his signaturc were duly affred by orderof the Boards ot Directors of said companies. lN TESTIMONY WHEREOF, I have hercunto set my hand afixed my OfficiatSeat, at th€ City of Newark New Jersey the day and year fird above vrritten.
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CERNFICATION
Cathy Cruz a Notary Public of New JeE€y
My Commission Expire! April .16, 2024
l, the undersigned oflicer of HARco NAIoNAL l,{suRANcE CoMPAI{Y and tNTERNATIoNAL FtoELtTy INsURANCE coMpANy do hereby certitythat I have compared the toregoing copy of the Power ol Attomey and affidavit, and the copy oflhe Sections ofthe By-Law6 of said Companies as setforth in saad Power o[Attomey wth the or'lginals on 6la in the home office of said companies, and thal the same are conect transcfipts thereof, and ofthe whole ofthe said originals, and that the seil Powgr ot Attomey has not been revoked ahd is now in full force and efiect. lN TESTIMONY WHEREOF, I have he-reunto set nry hand on this day, February $), 2024 stlt
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A00467
lrene Martios, Assi6lant Secretary
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DocuSign Envelope ID: 3A95C326-1FAA-4942-9B98-0C7A503B0FC7