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HomeMy WebLinkAbout1. AAA Restoration CSA On-Call Services Minor Construction & Repair Services 01-24-2023 DocuSign Envelope ID: F1 8A5D76-41 1 E-4551-8292-94487C747F50 AGREEMENT FOR CONTRACTOR SERVICES AAA Restoration Inc. ON-CALL SERVICES This Agreement for Contractor Services (On-Call) (the "Agreement") is made and entered into as of January 24, 2023 by and between the City of Lake Elsinore, a municipal corporation (the "City") and AAA Restoration Inc, a Licensed Contractor (the "Contractor"). RECITALS A. The City has determined that it requires the following services: On-call minor construction and repair services B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated August 8, 2022, both of which are attached hereto as Exhibit A(collectively, the "Contractor's Proposal")and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement. C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions Agreement. AGREEMENT 1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call and minor construction support on an as needed basis. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work. b. Performance Schedule. Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. Pagel DocuSign Envelope ID: F1 8A5D76-41 1 E-4551-8292-94487C747F50 C. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on January 24, 2023 and ending June 30, 2023. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City. 3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed for one hundred thousand dollars and no cents ($100,000.00) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor's personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor's prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same. Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker. 6. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice,the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Page 2 DocuSign Envelope ID: F1 8A5D76-41 1 E-4551-8292-94487C747F50 Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 7. Plans, Reports. Documents a. Ownershig of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public's rights to documents under the Public Records Act, and any third-party requests of Contractor shall be immediately referred to City, without any other actions by Contractor. b. Licensing of Intellectual Property This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data, which were prepared by design professionals other than Contractor or provided,to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. C. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents &Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Contractor shall not, without the prior written consent of City, use such materials for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor, which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Contractor's Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services,or expenditures and disbursements charged to City for a minimum period of three (3)years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period Page 3 DocuSign Envelope ID: F1 8A5D76-41 1 E-4551-8292-94487C747F50 required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon,the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor-in-interest. 9. Independent Contractor. a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 11. Interests of Contractor. Contractor(including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Page 4 DocuSign Envelope ID: F1 8A5D76-41 1 E-4551-8292-94487C747F50 Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).) 12. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise. 13. Compliance with Laws. a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/or its employees, officers, or board members. b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license. 14. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature,which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits,actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages orclaims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. Page 5 DocuSign Envelope ID: F1 8A5D76-41 1 E-4551-8292-94487C747F50 16. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain,for the duration ofthe contract, unless modified by the City's Risk Manager,the following insurance policies. i. Workers' Compensation Coveraoe. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California,Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation,the City Manager and City Attorney, are named as additional insureds.Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. ii. This policy shall be considered primary insurance as respects the City, Page 6 DocuSign Envelope ID: F1 8A5D76-41 1 E-4551-8292-94487C747F50 its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: AAA Restoration Inc Attn: Daisy Coronado 29850 2nd Street Lake Elsinore CA 92530 Page 7 DocuSign Envelope ID: F1 8A5D76-41 1 E-4551-8292-94487C747F50 18. Assignment and Subcontracting The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 19. Waiver Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 20. .Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator,the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 22. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee,commission,percentage,brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non- payment of prevailing wages under California law, and Contractor hereby agrees to defend, Page 8 DocuSign Envelope ID: F1 8A5D76-41 1 E-4551-8292-94487C747F50 indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.The foregoing indemnity shall survive termination of this Agreement. 25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 26. Controlling Law Venue_This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a)a name change; (b)grant extensions of time; (c)non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 28. Counteraa .rts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 29. Entire Agreement: Incorporation: Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor's Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor's Proposal. 30. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" "CONTRACTOR" CITY OF LAKE ELSINORE, a municipal AAA Restoration Inc, a Click or tap here to enter corporation tc"X t, DocuSigned by: Doc u Sig ned by: �a5bin. �iu►1�5b1n. `� �� Page 9 DocuSign Envelope ID: F1 8A5D76-41 1 E-4551-8292-94487C747F50 City Manager By: Daisy Coronado Its: Owner ATTEST: Doc uSigned by: City er APPROVED AS TO FORM: FDocuSigned by: ra W�dj City Attorney FS DocuSigned by: AC rn AhLA, tt&rt. A-s-ififfi4iTONfy Manager Attachments: Exhibit A—Contractor's Proposal Page 10 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 EXHIBIT A CONTRACTOR'S PROPOSAL [ATTACHED] EXHIBIT A DocuSign Envelope ID: F1 8A5D76-41 1 E-4551-8292-94487C747F50 RE 10hL 29850 2"d Street Lake Elsinore, CA 92532 Ph (951)471-5828 August 23, 2022 City of Lake Elsinore 130 S. Main St. Lake Elsinore, CA 92530 To whom it may concern: Please see below our hourly prevailing wage rates per classification. Drywall Hourly Prevailing Wage $97.00 HVAC Hourly Prevailing Wage $110.00 Painting Hourly Prevailing Wage $97.00 Plumbing Hourly Prevailing Wage$110.00 Hourly Concrete/Masonry Hourly Prevailing Wage$97.00 Electrician Hourly Prevailing Wage $115.00 Irrigation Hourly Prevailing Wage $97.00 Sheet Metal Hourly Prevailing Wage$110.00 Stucco Hourly Prevailing Wage$110.00 Sincerely, `)aim j?aw4ado Office Manager AAA Restoration, Inc. 29850 2nd Street Lake Elsinore,CA 92532 (951)471-5828 DocuSign Envelope ID: F18A5D76-411E-4551-8292-94487C747F50 c CERTIFICATE OF LIABILITY INSURANCE DAT `MMfDDYYYY' f 3f2312022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CON PRODUCER Venbrook insurance Services NAME CTWndy West _ 6320 Canoga Avenue, 12th Floor PHCON o $18-5988941 Fwc Nu. Woodland Hills, CA 91367 E-MAIL ADPRE$S: WWest NenbroDk.com iNSURERf S1 AFFORDING COVERAGE NAIC0 www.venbrook.com CA Lie No.ODS0832 INSURER Hartford Fire Insurance Company 19682 INSURED INSURER B: Hartford Accident and Indemnity Com2 an 22357 AAA Restoration, Inc. iNsuRERc r Hartford Underwriters Insurance Company 30104 29850 2nd St. Lake Elsinore CA 92532 INSURER D: Hartford Casualty Insurance Company 29424 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 67334205 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDL SUER ROWCY EFF POLICY EXP LIMn3 7R TYPE OF INSURANCE IN SO WVo POLICY NUMBER IMMIDInNyYY rMM1oDrYYyYI A r/ COMMERCIAL GENERAL LIABILITY J 72UEAHD2836 411/2022 4/1/2023 EACH OCCURRENCE s100D000 L;AFACLAIMS-MADE a OCCUR PRhEM SET R 2aumbnWj $300.000 MED EXP{Any one person} $10.000 PERSONAL&ADV INJURY s 1 000.000 GEN'L AGGREGATE LIMIT APPLI ES PER: GENERALAGGREGATE s2,000.000 POLICY®J LOC PRODUCTS-COMPIOP AGG s2.000.000 J OTHER:Ded.P,000 $ B AUTOMOBILE LIABILITY 72UFAHD2837 4/1/2022 4/1/2023 COMBINED 51 pp0.000 _IEJ rdl ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED _ AUTOS ONLYN AUTOS HODiLY INJURY(Per accident) s HIRED NON-OWNED PROPERTVDAMAGE S J AUTOS ONLY AUTOS ONLY 0 Comp/Coll Ded.$1.000 D J UMBRELLAUAB ,/ OCCUR 72RHAH03432 411/2022 411/2023 EACH OCCURRENCE 55900.000 ESCESSUAB CLAIMS-MADE AGGREGATE $5.000.000 DED I J 1 9ETENTION110.000 1 5 C WORKERS COMPENSATION 72WEAAC9XAX 41112022 4/1/2023 J PER EOTH- AND EMPLOYERS'LIABILITY Y�F N ANYPR R RIE70 JPAR U RE CU11VE r • i N 7 A E L EACH ACCIDENT 51,000.000OFF _ (Mandatary In NH} E L DISEASE-EA EMPLOYE S _QGkt].0 It yes,desedbe under DESCRIPTION OF OPERATIONS Gelow E L DISEASE-POLICY LIMIT 1 61,000,000 A Leased 1 Rented Equipment 72UEAHD2836 9/11/2021 9111/2022 $100,000 Per Occurrence/Per Item DESCRIPTION OF OPERATIONS)LOCATIONS VEHICLES iACORD 101.Additional Remarks Schedule,may be attached if more space Is required} "SEE ATTACHED ADDENDUM— CERTIFICATE HOLDER CANCELLATION CIry of Lake Elsinore SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cl S.Male El THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Lake Elsinore CA 92530 AUTHORIZED REPRESENTATIVE N}K_ ;h r in dy West C)1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 57334205 1 22-23 GLIAL/HC/UMS I Windy West 131Y312022 3.1706 PM [PDT) I Page 1 of 20 DocuSign Envelope ID: F1 8A5D76-41 1 E-4551-8292-94487C747F50 AGENCY CUSTOMER ID: LOC#: ACC?R" ADDITIONAL REMARKS SCHEDULE Page of ACsENCY NAMED INSURED Nenbrook insurance Services AAA Restoration,Inc. 29850 2nd 5t. POLICY NUMBER Lake Elsinore CA 92532 CARRIER NA3C CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM!NUMBER: 25 FORM TITLE:Certificate at Liability(03/16) HOLDER_City of Lake Elsinore ADDRESS:130 5,Main 5t.Lake Elsinore CA 92530 City of Lake Elsinore is named as Additional Insured under the General Liability policy if required by written contract with the Named Insured but Only for coverage and limits provided by the policy and the additional insured endorsement. *10 Days Notice of Cancellation for Non-Payment of Premium, 30 Days All Others. ACORD 101(2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDENDUM 67734205 1 22-21 6LIikL1WC/UHB I Windy Hest 1 71271202, 7.17:36 PH (PM'I I Page 2 of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 AAA Restoration,Inc 72UEAHD2836 t COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. (1) The "bodily injury" or"property damage" is Read the entire policy carefully to determine rights, caused by an "occurrence" that takes duties and what is and is not covered. place in the "coverage territory Throughout this policy the words "you" and "your" (2) The "bodily injury" or "property damage" refer to the Named Insured shown in the occurs during the policy period; and Declarations, and any other person or organization (3) Prior to the policy period, no insured listed qualifying as a Named Insured under this policy. The under Paragraph 1. of Section II —Who Is words "we" "us" and "our" refer to the stock An Insured and no "employee" authorized insurance company member of The Hartford by you to give or receive notice of an providing this insurance. "occurrence" or claim, knew that the The word "insured" means any person or "bodily injury" or "property damage" had organization qualifying as such under Section II — occurred, in whole or in part. If such a Who Is An Insured. listed insured or authorized "employee" Other words and phrases that appear in quotation knew, prior to the policy period, that the marks have special meaning. Refer to Section V — "bodily injury" or "property damage" Definitions. occurred, then any continuation, change SECTION I—COVERAGES or resumption of such "bodily Injury'" or "property damage" during or after the COVERAGE A BODILY INJURY AND PROPERTY policy period will be deemed to have been DAMAGE LIABILITY known prior to the policy period. 1. Insuring Agreement c. "Bodily injury" or "property damage" will be a. We will pay those sums that the Insured deemed to have been known to have becomes legally obligated to pay as damages occurred at the earliest time when any because of "bodily injury" or "property insured listed under Paragraph 1. of Section li damage" to which this insurance applies. We — Who Is An Insured or any "employee" will have the right and duty to defend the authorized by you to give or receive notice of insured against any "suit" seeking those an "occurrence" or claim: damages. However, we will have no duty to (1) Reports all, or any part, of the "bodily defend the insured against any "suit" seeking injury" or "property damage" to us or any damages for "bodily injury" or "property other insurer; damage" to which this insurance does not (2) Receives a written or verbal demand or apply. We may, at our discretion, investigate claim for damages because of the "bodily any"occurrence"and settle any claim or"suit" injury" or"property damage"; or that may result. But: (3) Becomes aware by any other means that (1) The amount we will pay for damages is "bodily injury" or "property damage" has limited as described in Section III — Limits occurred or has begun to occur. Of insurance„ and d. Damages because of "bodily injury" include (2) Our right and duty to defend ends when damages claimed by any person or we have used up the applicable limit of organization for care, loss of services or insurance in the payment of judgments or death resulting at any time from the "bodily settlements under Coverages A or B or injury medical expenses under Coverage C. e. Incidental Medical Malpractice And Good No other obligation or liability to pay sums or perform acts or services is covered unless Samaritan Coverage explicitly provided for under Supplementary "Bodily injury" arising out of the rendering of Payments—Coverages A and B. or failure to render the following health care b. This insurance applies to "bodily injury" and services by any "employee" or "volunteer "property damage" only'rf: worker" shall be deemed to be caused by an "occurrence"for: HG 00 01 09 16 Paige 1 of 21 (D 2016 The Hartford (Includes copyrighted material of Insurance Services Office, Inc.with its permission) 67334205 1 22-23 GL/AL/WC/UMB I KI-ty `rles; 3/33/2022 3;17;36 PH 1P6T) 3 Page 3 of 25 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 (1) Professional health care services such as: (a) Liability to such party for, or for the (a) Medical, surgical, dental, laboratory, x- cost of, that party's defense has also ray or nursing services or treatment, been assumed in the same "Insured advice or instruction, or the related contract", and furnishing of food or beverages; (b) Such attorney fees and litigation (b) Any health or therapeutic service, expenses are for defense of that party treatment, advice or instruction; or against a civil or alternative dispute resolution proceeding in which (c) The furnishing or dispensing of drugs damages to which this insurance or medical, dental, or surgical supplies applies are alleged. or appliances; or c• Liquor Liability (2) First aid services, which include: (a} Cardiopulmonary resuscitation, "Bodily injury" or"property damage" for which whether performed manually or with a any insured may be held liable by reason of: defibrillator; or (1) Causing or contributing to the Intoxication of any person; (b) Services performed as a Good Samaritan. (2) The furnishing of alcoholic beverages to a person under the legal drinking age or For the purpose of determining the limits of under the influence of alcohol; or insurance, any act or omission together with all related acts or omissions in the furnishing (3} Any statute, ordinance or regulation relating to li the safe, gift, distribution or use of these services to any one person will be considered one"occurrence". of alcoholic beverages. However, this Incidental Medical Malpractice This exclusion applies even if the claims And Good Samaritan Coverage provision against any insured allege negligence or applies only if you are not engaged in the other wrongdoing in: business or occupation of providing any of the (a) The supervision, hiring, employment, services described in this provision. training or monitoring of others by that 2. Exclusions insured; or This insurance does not apply to: (b) Providing or failing to provide a. Expected Or Intended injury transportation with respect to any person that may be under the influence "Bodily injury" or"property damage" expected of alcohol; or intended from the standpoint of the if the "occurrence" which caused the "bodily Insured. This exclusion does not apply to injury" or "property damage", involved that "bodily injury" or "property damage" resulting which is described in Paragraph (1), (2) or(3) from the use of reasonable force to protect above. persons or property. b. Contractual Liability However, this exclusion applies only if you y are in the business of manufacturing, "Bodily Injury" or"property damage" for which distributing, selling, serving or furnishing the insured is obligated to pay damages by alcoholic beverages. For the purposes of this reason of the assumption of liability in a exclusion, permitting a person to bring contract or agreement. This exclusion does alcoholic beverages on your premises, for not apply to liability for damages: consumption on your premises, whether or (1) That the insured would have in the not a fee is charged or a license is required absence of the contract or agreement; or for such activity, is not by itself considered the (2) Assumed in a contract or agreement that business of selling, serving or furnishing is an "insured contract", provided the alcoholic beverages. "bodily injury" or "property damage" d. Workers' Compensation And Similar Laws occurs subsequent to the execution of the Any obligation of the insured under a workers' contract or agreement. Solely for the compensation, disability benefits or purposes of liability assumed in an unemployment compensation law or any "insured contract", reasonable attorney similar law. fees and necessary litigation expenses e. Employer's Liability incurred by or for a party other than an insured are deemed to be damages "Bodily injury"to: because of "bodily injury" or "property (1) An "employee"of the insured arising out of damage", provided: and in the course of; Page 2 of 21 HG 00 01 49 16 511334M 1 22-"--3 G],/ALIWC/UY.D ;d:rn]r nest -1-21:0-12 3:17:35 PM (PUT) I Page 4 of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 (a) Employment by the insured; or the handling, storage, disposal, (b) performing duties related to the processing or treatment of waste; conduct of the insured's business, or (c) Which are or were at any time (2) The spouse, child, parent, brother or sister transported, handled, stored, treated, of that "employee" as a consequence of disposed of, or processed as waste by Paragraph (1)above. or for: This exclusion applies: (i) Any insured; or (1) Whether the insured may be liable as an (ii) Any person or organization for employer or in any other capacity; and whom you may be legally (2) To any obligation to share damages with responsible; or repay someone else who must pay (d) At or from any premises, site or damages because of the injury. location on which any insured or any contractors or subcontractors working This exclusion does not apply to liability directly or indirectly on any insured's assumed by the insured under an "insured contract' behalf are performing operations if the "pollutants" are brought on or to the f. Pollution premises, site or location in connection (1) "Bodily injury" or "property damage" with such operations by such insured, arising out of the actual, alleged or contractor or subcontractor. However, threatened discharge, dispersal, seepage, this subparagraph does not apply to: migration, release or escape of (i) "Bodily injury"or"property damage" "pollutants": arising out of the escape of fuels, (a) At or from any premises, site or lubricants or other operating fluids location which is or was at any time which are needed to perform the owned or occupied by, or rented or normal electrical, hydraulic or loaned to, any insured. However, this mechanical functions necessary for subparagraph does not apply to: the operation of"mobile equipment" (i) "Bodily injury" if sustained within a or its parts, if such fuels, lubricants building and caused by smoke, or other operating fluids escape fumes, vapor or soot produced by from a vehicle part designed to or originating from equipment that hold, store or receive them. This is used to heat, cool or dehumidify exception does not apply if the the building, or equipment that is "bodily injury" or "property damage" used to heat water for personal arises out of the intentional use, by the building's occupants or discharge, dispersal or release of their guests; the fuels, lubricants or other operating fluids, or if such fuels, (i 1) "Bodily injury"or"property damage" lubricants or other operating fluids for which you may be held liable, if are brought on or to the premises, you are a contractor and the owner site or location with the intent that or lessee of such premises, site or they be discharged, dispersed or location has been added to your released as part of the operations policy as an additional insured with being performed by such insured, respect to your ongoing operations contractor or subcontractor; performed for that additional (i i) "Bodilyinjury" or"property e'" insured at that premises, site or ( ) damage" location and such premises, site or sustained within a building and caused by the release of gases, location is not and never was fumes or vapors from materials owned or occupied by, or rented or loaned to, any insured, ether than brought into that building in that additional insured; , connection with operations being performed by you or on your behalf (iii) "Bodily injury" or"property damage" by a contractor or subcontractor;or arising out of heat, smoke or fumes ii "Bodilyor'' damage" from a"hostile fire'"; arising in jur y!I ''property g arising out of heat, smoke or fumes (b) At or from any premises, site or from a"hostile fire", or location which is or was at any time (e) At or from any premises, site or used by or for any insured or others for location on which any insured or any contractors or subcontractors working HG Qb 01 09 16 Rage 3 of 21 67334205 1 22-2J GWAL/K[Uf4B I WiaLiy West 1 3/23/2622 3:17:36 PM iP])Ti I Page 5 of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 directly or indirectly on any insured's to; premises you own or rent, provided the behalf are performing operations if the "auto" is not owned by or rented or loaned operations are to test for, monitor, to you or the insured; clean up, remove, contain, treat, (4) Liability assumed under any "insured detoxify or neutralize, or in any way contract" for the ownership, maintenance respond to, or assess the effects of, or use of aircraft or watercraft; "pollutants 5 "Bodilyin u or "property dams e" 2 An loss, cost or expense arising out of { ] ry g { ) Y p g arising out of: any: (a) The operation of machinery or (a) Request, demand, order or statutory or equipment that is attached to, or part regulatory requirement that any of, a land vehicle that would qualify Insured or others test for, monitor, under the definition of "mobile clean up, remove, contain, treat, equipment" if it were not subject to a detoxify or neutralize, or in any way compulsory or financial responsibility respond to, or assess the effects of, law or other motor vehicle Insurance "pollutants": or law where it is licensed or principally (b) Claim or suit by or on behalf of a garaged; or governmental authority for damages (b) The operation of any of the machinery because of testing for, monitoring, or equipment listed in Paragraph f.(2) cleaning up, removing, containing, or f.(3) of the definition of "mobile treating, detoxifying or neutralizing, or equipment" or in any way responding to, or assessing the effects of, "pollutants" {fi) An aircraft that is not awned by any insured and is Fired, chartered or loaned However, this paragraph does not apply to with a paid crew. However, this exception liability for damages because of "property does not apply if the insured has any other damage" that the insured would have in insurance for such "bodily injury" or the absence of such request, demand, "property damage", whether the other order or statutory or regulatory insurance is primary, excess, contingent requirement, or such claim or "suit" by or or on any other basis. on behalf of a governmental authority. h. Mobile Equipment g. Aircraft,Auto Or Watercraft "Bodily injury" or "property damage" arising "Bodily injury" or "property damage" arising out of: out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto"' or (1) The transportation of "mobile equipment" watercraft owned or operated by or rented or by an "auto" owned or operated by or loaned to any insured. Use includes operation rented or loaned to any insured; or and "loading or unloading". (2) The use of"mobile equipment" in, or while This exclusion applies even if the claims in practice for, or while being prepared for, against any insured allege negligence or any prearranged racing, speed, other wrongdoing in the supervision, hiring, demolition, or stunting activity. employment, training or monitoring of others i. War by that insured, if the "occurrence" which "Bodily injury" or"property damage", however caused the "bodily injury" or "property caused, arising, directly or indirectly, out of: damage" involved the ownership, maintenance, use or entrustment to others of {1] War, including undeclared or civil war; any aircraft, "auto" or watercraft that is owned (2) Warlike action by a military force, including or operated by or rented or loaned to any action in hindering or defending against an insured. actual or expected attack, by any This exclusion does not apply to: government, sovereign or other authority 1 A watercraft while ashore on remises you using military personnel or other agents; [ ] p Y or own or rent; {2) A watercraft you do not own that is: (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental (a) Less than 51 feet long; and authority in hindering or defending against (b) Not being used to carry persons for a any of these. charge; j. Damage To Property (3) Parking an "auto" on, or on the ways next "Property damage"to: Page 4 of 21 HG 00 01 09 16 6'13342V5 1 .2-23 GWAL/WC/UM9 I Windy West 1 3/23/2022 3.17:36 PI! [POT1 I Pape 6 of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 (1) Property you own, rent, or occupy, This exclusion does not apply if the damaged including any costs or expenses incurred work or the work out of which the damage by you, or any other person, organization arises was performed on your behalf by a or entity, for repair, replacement, subcontractor. enhancement, restoration or maintenance m. Damage To Impaired Property Or Property of such property for any reason, including Not Physically Injured prevention of injury to a person or damage to ono#her's property; "Property damage" to "impaired property" or property that has not been physically injured, (2) Premises you sell, give away or abandon, arising out of: if the "property damage" arises out of any (1) A defect, deficiency, inadequacy or part of those premises; dangerous condition in "your product" or (3) Property loaned to you; "your work"; or (4) Personal property in the care, custody or (2) A delay or failure by you or anyone acting control of the insured; on your behalf to perform a contract or (5) That particular part of real property on agreement in accordance with its terms. which you or any contractors or This exclusion does not apply to the loss of subcontractors use of other property arising out of sudden working directly or indirectly on your behalf and accidental physical injury to "your are performing operations, if the "property product" or "your work" after it has been put damage"arises out of those operations; or to its intended use. (6) That particular part of any property that n. Recall Of Products, Work Or Impaired must be restored, repaired or replaced Property because "your work" was incorrectly performed on it. Damages claimed for any loss, cost or P expense incurred by you or others for the lass Paragraphs (1), (3) and (4) of this exclusion of use, withdrawal, recall, inspection, repair, do not apply to "property damage" (other than damage by fire) to premises, including the replacement, adjustment, removal or disposal of: contents of such premises, rented to you for a period of seven or fewer consecutive days. A (1) "Your product"; separate limit of insurance applies to Damage (2) "Your work"; or To Premises Rented To You as described in (3) "Impaired property"; Section III —Limits Of Insurance. if such product, work, or property is withdrawn Paragraph (2) of this exclusion does not apply or recalled from the market or from use by if the premises are "your work" and were any person or organization because of a never occupied, rented or held for rental by known or suspected defect, deficiency, you, inadequacy or dangerous condition in it. Paragraphs (3) and (4) of this exclusion do o. Personal And Advertising Injury not apply to "property damage" arising from "Bodily injury" arising out of "personal and the use of elevators. advertising injury". Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed p• Access or Disclosure Of Confidential Or under a sidetrack agreement. Personal Information And Data-related Liability Paragraphs (3) and (4) of this exclusion do Damages arising out of: Damages not apply to "property damage" to borrowed De equipment while not being used to perform (1) Any access to or disclosure of any operations at the job site. person's or organization's confidential or Paragraph (6)of this exclusion does not apply personal information, including patents, to "property damage" included in the trade secrets, processing methods, "products-completed operations hazard". customer lists, financial information, credit k. Damage To Your Product card information, health information or any other type of nonpublic information; or "Property damage" to "your product" arising (2) The loss of, loss of use of, damage to, out of it or any part of it. corruption of, inability to access, or I. Damage To Your Work inability to manipulate electronic data. "Property damage" to "your work" arising out This exclusion applies even if damages are of it or any part of it and included in the claimed for notification costs, credit "products-completed operations hazard". monitoring expenses, forensic expenses, MG 00 01 09 16 Page 5 of 21 67334205 1 22-29 GLIA.LIWC:IGNII I Windy West. 1 IJ2312022 3;17136 PH MM I Page 7 of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 public relations expenses or any other loss, assess the effects of an "asbestos cost or expense incurred by you or others hazard"; or arising out of that which is described in (c) Arise out of any claim or suit for Paragraph (1) or(2)above. damages because of testing for, However, unless Paragraph (1) above monitoring, cleaning up, removing, applies, this exclusion does not apply to encapsulating, containing, treating, damages because of"bodily injury". detoxifying or neutralizing or in any As used in this exclusion, electronic data way responding to or assessing the means information, facts or programs stored effects of an"asbestos hazard". as or on, created or used on, or transmitted to s. Recording And Distribution Of Material Or or from computer software, including systems Information In Violation Of Law and applications software, hard or floppy "Bodily injury" or "property damage" arising disks, CD-ROMS, tapes, drives, cells, data directly or indirectly out of any action or processing devices or any other media which omission that violates or is alleged to violate: are used with electronically controlled equipment. (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or q. Employment-Related Practices addition to such law; "Bodily injury"to: (2) The CAN-SPAM Act of 2003, including (1) A person arising out of any "employment— any amendment of or addition to such law; related practices"; or (3) The Fair Credit Reporting Act (FCRA), and (2) The spouse, child, parent, brother or sister any amendment of or addition to such law, of that person as a consequence of"bodily including the Fair and Accurate Credit injury" to that person at whom any Transaction Act(FACTA); or "employment-related practices" are (4) Any federal, state or local statute, directed, ordinance or regulation, other than the This exclusion applies: TCPA or CAN-SPAM Act of 2003 or FCRA (1) Whether the injury-causing event and their amendments and additions, that described in the definition of"employment- addresses, prohibits or limits the printing, related practices" occurs before dissemination, disposal, collecting, employment, during employment or after recording, sending, transmitting, employment of that person; communicating or distribution of material (2) Whether the insured may be liable as an or information. employer or in any other capacity; and Damage To Premises Rented To You — Exception For Damage By Fire, Lightning Or (3) To any obligation to share damages with Explosion or repay someone else who must pay damages because of the injury. Exclusions c. through h. and j. through n. do not apply to damage by fire, lightning or explosion to r. Asbestos premises while rented to you or temporarily (1) "Bodily injury" or "property damage" occupied by you with permission of the owner. A arising out of the "asbestos hazard". separate limit of insurance applies to this (2) Any damages, judgments, settlements, coverage as described in Section III — Limits Of loss, costs or expenses that: Insurance. (a) May be awarded or incurred by reason COVERAGE B PERSONAL AND ADVERTISING of any claim or suit alleging actual or INJURY LIABILITY threatened injury or damage of any 1. Insuring Agreement nature or kind to persons or property a. We will pay those sums that the insured which would not have occurred in becomes legally obligated to pay as damages whole or in part but for the "asbestos because of "personal and advertising injury" hazard"; to which this insurance applies. We will have (b) Arise out of any request, demand, the right and duty to defend the insured order or statutory or regulatory against any "suit" seeking those damages. requirement that any insured or others However, we will have no duty to defend the test for, monitor, clean up, remove, insured against any "suit" seeking damages encapsulate, contain, treat, detoxify or for "personal and advertising injury" to which neutralize or in any way respond to or this insurance does not apply. We may, at our Page 6 of 21 HG 00 01 09 16 67334205 1 22-23 GL/ALJWC/UMB i Windy Weak 1 3/23/2022 7:17:36 PSI JPDT) I Rage B of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 discretion, investigate any offense and settle use another's "advertising idea" in your any claim or"suit"that may result. But: "advertisement". (1) The amount we will pay for damages is g. Quality Or Performance Of Goods — limited as described in Section III — Limits Failure To Conform To Statements Of Insurance; and "Personal and advertising injury"arising out of (2) Our right and duty to defend end when we the failure of goods, {products or services to have used up the applicable limit of conform with any statement of quality or insurance in the payment of judgments or performance made in your"advertisement". settlements under Coverages A or B or h. Wrong Description Of Prices medical expenses under Coverage C. No other obligation or liability to a sums or "Personal and advertising injury"arising out of g y pay the wrong description of the price of goods, perform acts or services is covered unless products or services, explicitly provided for under Supplementary Payments—Coverages A and B. i. Infringement Of Intellectual Property Rights b. This insurance applies to "personal and advertising injury" caused by an offense (1) "Personal and advertising injury arising arising out of your business but only if the out of any actual or alleged infringement offense was committed in the "coverage or violation of any intellectual property territory"during the policy period. rights such as copyright, patent, 2. Exclusions trademark, trade name, trade secret, trade dress, service mark or other designation This insurance does not apply to: of origin or authenticity; or a. Knowing Violation Of Rights Of Another (2) Any injury or damage alleged in any clam "Personal and advertising injury"arising out of or "suit" that also alleges an infringement an offense committed by, at the direction or or violation of any intellectual property with the consent or acquiescence of the right, whether such allegation of insured with the expectation of inflicting infringement or violation is made by you or "personal and advertising injury". by any other party involved in the claim or b. Material Published With Knowledge Of '"suit", regardless of whether this Falsity insurance would otherwise apply. "Personal and advertising injury"arising out of However, this exclusion does not apply if the only allegation in the claim or "suit" involving oral, written or electronic publication, in any any intellectual property right is limited to: manner, of material, if done by or at the direction of the insured with knowledge of its (1) Infringement, in your"advertisement", of: falsity. (a) Copyright; c. Material Published Prior To Policy Period (b) Slogan; or "Personal and advertising injury"arising out of (c) Title of any literary or artistic work; or oral, written or electronic publication, in any (2) Copying, in your "advertisement", a manner, of material whose first publication took place before the beginning of the policy idea"or or organi n's ''advertising idea"or style of"advertisement"- period. j, Insureds In Media And Internet Type d. Criminal Acts Businesses "Personal and advertising injury"arising out of "Personal and advertising injury" committed a criminal act committed by or at the direction by an insured whose business is: of the insured. (1) Advertising, broadcasting, publishing or e. Contractual Liability telecasting; "Personal and advertising injury"for which the insured has assumed liability in a contract or (2] Designing determining content of web sites for others; or agreement. This exclusion does not apply to (3) An Internet search, access, content or liability for damages that the insured would have in the absence of the contract or service provider. agreement. However, this exclusion does not apply to f. Breach Of Contract Paragraphs a., b. and c. of the definition of "Personal and advertising injury"arising out of a "personal and advertising injury" under theDefinitions Section. breach of contract, except an implied contract to HG 00 01 0916 Page 7 of 21 457334265 1 22-23 GL/AL/WC/UMfi I Windy Wcgi 1 3123/70:2 3:17:35 Pt, 1PPTI I Page 9 of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 For the purposes of this exclusion, the placing "Personal and advertising injury" arising out of frames, borders or links, or advertising, for of. you or others anywhere on the Internet, is not (1) An "advertisement"for others on your web by itself, considered the business of site; advertising, broadcasting, publishing or telecasting. {2} Placing a link to a web site of others on k. Electronic Chatrooms Or Bulletin Boards your web site; injury" (3) Content, including information, sounds, "Personal and advertising j ry"arising out of text, graphics, or images from a web site an electronic chatroom or bulletin board the of others displayed within a frame or insured hosts, owns, or over which the border on your web site; or insured exercises control. I. Unauthorized Use Of Another's Name Or {4} Computer code, software or programming used to enable: Product (a) Your web site; or "Personal and advertising injury"arising out of the unauthorized use of another's name or {b} The presentation or functionality of an 11 product in your email address, domain name advertisement" or other content on your web site. or metatags, or any other similar tactics to mislead another's potential customers. q. Right Of Privacy Created By Statute m. Pollution "Personal and advertising injury" arising out of "Personal and advertising injury"arising out of the violation of a person's right of privacy the actual, alleged or threatened discharge, created by any state or federal act. dispersal, seepage, migration, release or However, this exclusion does not apply to escape of"pollutants"at any time. liability for damages that the insured would n. Pollution-Related have in the absence of such state or federal act. Any loss, cost or expense arising out of any: r. Violation Of Anti-Trust law (1) Request, demand, order or statutory or regulatory requirement that any insured or "Personal and advertising injury"arising out of others test for, monitor, clean up, remove, a violation of any anti-trust law. contain, treat, detoxify or neutralize, or in s. Securities any way respond to, or assess the effects "Personal and advertising Injury"arising out of of, "pollutants"; or the fluctuation in price or value of any stocks, (2) Claim or suit by or on behalf of a bonds or other securities. governmental authority for damages t. Recording And Distribution Of Material Or because of testing for, monitoring, Information In Violation Of Law cleaning up, removing, containing, treating, detoxifying or neutralizing, or in "Persona{ and advertising injury" arising any way responding to, or assessing the directly or indirectly out of any action or effects of, "pollutants". omission that violates or is alleged to violate: o. War (1) The Telephone Consumer Protection Act [TCPA], including any amendment of or "Personal and advertising injury", however addition to such law; caused, arising, directly or indirectly, out of: (2) The CAN-SPAM Act of 2003, including (1) War, including undeclared or civil war; any amendment of or addition to such law; (2) Warlike action by a military force, including (3) The Fair Credit Reporting Act (FORA), and action in hindering or defending against an any amendment of or addition to such law, actual or expected attack, by any including the Fair and Accurate Credit government, sovereign or other authority Transaction Act{FACIA}; or using military personnel or other agents; or (4} Any federal, state or local statute, ordinance or regulation, other than the (3) Insurrection, rebellion, revolution, usurped TCPA or CAN-SPAM Act of 2003 or FCRA power, or action taken by governmental and their amendments and additions, that authority in hindering or defending against addresses, prohibits or limits the printing, any of these. dissemination, disposal, collecting, p. Internet Advertisements And Content Of recording, sending, transmitting, Others communicating or distribution of material or information. Page 8of21 H0 00 01 09 16 6-13342135 1 22-23 GL/AL/Wi:/VNB I windy West. 1 3/23/2022 3:17;36 PP1 {PDT} I Page 10 of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 u. Employment-Related Practices information or any other type of nonpublic "Personal and advertising injury"to: information. (1) A person arising out of any "employment— This exclusion applies even if damages are related practices"; or claimed for notification costs, credit monitoring expenses, forensic expenses, (2) The spouse, child, parent, brother or sister public relations expenses or any other loss, of that person as a consequence of cost or expense incurred by you or others "personal and advertising injury" to that arising out of any access to or disclosure of person at whom any '•employment-related any person's or organization's confidential or practices"are directed. personal information. This exclusion applies; COVERAGE C MEDICAL PAYMENTS (1) Whether the injury-causing event 1. Insuring Agreement described in the definition of"employment- a• We will pay medical expenses as described related practices" occurs before below for "bodily injury" caused by an employment, during employment or after accident: employment of that person; (i) (7n premises you own or rent; (2) Whether the insured may be liable as an e (2) On ways next to premises you awn or employer or in any other capacity; and rent; or (3) To any obligation to share damages with or repay someone else who must pay (3) Because of your operations; damages because of the injury. provided that: v. Asbestos (1) The accident takes place in the "coverage (1) "Personal and advertising injury" arising territory"and during the policy period; out of the"asbestos hazard". (2) The expenses are incurred and reported (2) Any damages, judgments, settlements, to us within three years of the date of the loss, costs or expenses that: accident; and (a) May be awarded or incurred by reason (3) The injured person submits to of any claim or suit alleging actual or examination, at our expense, by threatened injury or damage of any physicians of our choice as often as we nature or kind to persons or property reasonably require. which would not have occurred in b. We will make these payments regardless of whole or in part but for the "asbestos fault. These payments will not exceed the hazard"; applicable limit of insurance. We will pay (b) Arise out of any request, demand, reasonable expenses fcr: order or statutory or regulatory (1) First aid administered at the time of an requirement that any insured or others accident; test for, monitor, clean up, remove, (2) Necessary medical, surgical, X-ray and encapsulate, contain, treat, detoxify or dental services, including prosthetic neutralize or in any way respond to or devices; and assess the effects of an "asbestos (3) Necessary ambulance, hospital, hazard"; or professional nursing and funeral services. (c) Arise out of any claim or suit for damages because of testing for, 2. Exclusions monitoring, cleaning up, removing, We will not pay expenses for"bodily injury": encapsulating, containing, treating, a. Any Insured detoxifying or neutralizing or in any To any insured, except"volunteer workers way responding to or assessing the effects of an"asbestos hazard". b. Hired Person w. Access Or Disclosure Of Confidential Or To a person hired to do work for or on behalf Personal Information of any insured or a tenant of any insured. "Personal and advertising injury"arising out of c. Injury On Normally Occupied Premises any access to or disclosure of any person's or To a person injured on that part of premises organization's confidential or personal you own or rent that the person normally information, including patents, trade secrets, occupies. processing methods, customer lists, financial information, credit card information, health d• Workers Compensation And Similar Laws To a person, whether or not an "employee" of HG 00 01 09 16 Page 9 of 21 67334205 1 22-23 6LfnL/➢AU/UMa I windy West 13/F31R®2: 7:;1:Jw 2"1 f==Ti �'•:ge ;; of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 any insured, if benefits for the"bodily injury"are party to the "suit", we will defend that Indernnitee payable or must be provided under a workers' if all of the following conditions are met: compensation or disability benefits law or a a. The "suit" against the indemnitee seeks similar law. damages for which the insured has assumed e. Athletics Activities the liability of the indemnitee in a contract or To a person injured while practicing, agreement that is an "insured contract"; Instructing or participating in any physical b. This insurance applies to such liability exercises or games, sports, or athletic assumed by the insured; contests. c. The obligation to defend, or the cost of the f. Products-Completed Operations Hazard defense of, that indemnitee, has also been Included within the "products-completed assumed by the insured in the same "insured operations hazard". contract"; g. Coverage A Exclusions d. The allegations in the "suit" and the Excluded under Coverage A. information we know about the "occurrence" are such that no conflict appears to exist SUPPLEMENTARY PAYMENTS — COVERAGES between the interests of the insured and the A ANDS interests of the indemnitee; 1. We will pay, with respect to any claim we e. The indemnitee and the insured ask us to investigate or settle, or any "suit" against an conduct and control the defense of that insured we defend: indemnitee against such "suit" and agree that a. All expenses we incur. we can assign the same counsel to defend b. Up to $1,000 for cost of bail bonds required the insured and the indemnitee; and because of accidents or traffic law violations If. The indemnitee: arising out of the use of any vehicle to which (1) Agrees in writing to: the Bodily Injury Liability Coverage applies. We do not have to famish these bonds. {a} Cooperate with us in the investigation, settlement or defense of the"suit"; c. The cost of appeal bonds or bonds to release (b) Immediately send us copies of any attachments, but only for bond amounts demands, notices, summonses or legal within the applicable limit of insurance. We do papers received in connection with the not have to furnish these bonds. `"suit' d. All reasonable expenses incurred by the (c) Notify any other insurer whose insured at our request to assist us in the coverage is available to the investigation or defense of the claim or "suit", indemnitee; and including actual loss of earnings up to $500 a day because of time off from work. (d) Cooperate with us with respect to e. All court costs taxed against the insured in coordinating other applicable the "suit". However, such costs do not insurance available to the indemnitee; and include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses (2) Provides us with written authorization to: of a party taxed to the insured. (a) Obtain records and other information f. Prejudgment interest awarded against the related to the "suit"; and insured on that part of the judgment we pay. If (b) Conduct and control the defense of the we make an offer to pay the applicable limit of indemnitee in such "suit". insurance, we will not pay any prejudgment So long as the above conditions are met, interest based on that period of time after the attorneys' fees incurred by us in the defense of offer. that indemnitee, g. All interest on the full amount of any judgment necessary litigation expenses incurred by us and that accrues after entry of the judgment and necessary litigation expenses incurred by the before we have paid, offered to pay, or indemnitee at our request will be paid as deposited in court the part of the judgment Supplementary Payments. Notwithstanding the that is within the applicable limit of insurance. provisions of Paragraph 2.b.(2) of Section I — These payments will not reduce the limits of Coverage A — Bodily Injury And Property insurance. Damage Liability, such payments will not be deemed to be damages for "bodily injury" and 2. If we defend an insured against a "suit" and an "property damage" and will not reduce the limits indemnitee of the insured is also named as a of insurance. Page 10 of 21 HG 00 01 09 16 67334205 1 22-23 GL/A➢/%U/UMa I Windy West 1 3/23/2022 3:17:36 PM (PIDT) ! ['age 12 of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 Our obligation to defend an insured's indemnitee liability company), to a co-"employee" and to pay for attorneys' fees and necessary while in the course of his or her litigation expenses as Supplementary Payments employment or performing duties ends when: related to the conduct of your a. We have used up the applicable limit of business, or to your other "volunteer insurance in the payment of judgments or workers" while performing duties settlements; or related to the conduct of your b. The conditions set forth above, or the terms of business; the agreement described in Paragraph f. (b) To the spouse, child, parent, brother or above, are no longer met, sister of that co-"employee" or that SECTION II—WHO IS AN INSURED "volunteer worker' as a consequence of Paragraph (1)(a) abcve; 1. If you are designated in the Declarations as: (c) For which there is any obligation to a. An individual, you and your spouse are share damages with or repay someone insureds, but only with respect to the conduct else who must pay damages because of a business of which you are the sole of the injury described in Paragraphs owner. (1)(a) or(1)(b)above; or b. A partnership or joint venture, you are an (d) Arising out of his or her providing or insured. Your members, your partners, and failing to provide professional health their spouses are also insureds, but only with care services. respect to the conduct of your business. If you are not in the business of providing c. A limited liability company, you are an professional health care services: insured. Your members are also insureds, but (a) Subparagraphs (1)(a), (1)(b) and (1)(c) only with respect to the conduct of your above do not apply to any "employee" business. Your managers are insureds, but or"volunteer worker" providing first aid only with respect to their duties as your services; and managers. d. An organization other than a partnership,joint {b} Subparagraph (1}(d} above does not company, you are apply to any nurse, emergency medical venture or limited liability P y, y technician or paramedic employed by an insured. Your "executive officers" and you to provide such services. directors are insureds, but only with respect to their duties as your officers or directors. Your (2) "Property damage"to property: stockholders are also insureds, but only with (a) Owned, occupied or used by, respect to their liability as stockholders. (b) Rented to, in the care, custody or e. A trust, you are an insured. Your trustees are control of, or over which physical also insureds, but only with respect to their control is being exercised for any duties as trustees. purpose by 2. Each of the following is also an insured: you, any of your "employees", "volunteer a. Employees And Volunteer Workers workers", any partner or member (if you are a partnership or joint venture), or any Your "volunteer workers" only while member (if you are a limited liability duties related to the conduct of company). your business, or your "employees", other than either your"executive officers" (if you are b. Real Estate Manager an organization other than a partnership,joint Any person (other than your "employee" or venture or limited liability company) or your "volunteer worker"), or any organization while managers (if you are a limited liability acting as your real estate manager. company), but only for acts within the scope c. Temporary Custodians Of Your Property of their employment by you or while per -ning duties related to the conduct of Any person or organization having proper your business. temporary custody of your property if you die, However, none of these "employees" or but only: 1.volunteer workers" are insureds for: (1) With respect to liability arising out of the (1) "Bodily injury"or"personal and advertising maintenance or use of that property; and injury": (2) Until your legal representative has been (a) To you, to your partners or members (if appointed. you are a partnership or joint venture), d• Legal Representative If You Die to your members (if you are a limited Your legal representative if you die, but only HG 00 41 09 16 Page 11 of 21 E7334205 1 22-23 Gy/AL/WCAM I Windy Wesi 1 VZV2022 3:17:3G PM (PU page 13 a: ti DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 with respect to duties as such. That 5. Additional Insureds When Required By representative will have all your rights and Written Contract, Written Agreement Or duties under this Coverage Part. Permit e. Unnamed Subsidiary The following person(s) or organization(s) are an Any subsidiary, and subsidiary thereof, of additional insured when you have agreed, in a yours which is a legally incorporated entity of written contract, written agreement or because of which you own a financial interest of more a permit issued by a state or political subdivision, than 50% of the voting stock on the effective that such person or organization be added as an date of the Coverage Part, additional insured on your policy, provided the The insurance afforded herein for any injury or damage occurs subsequent to the subsidiary not named in this Coverage Part execution of the contract or agreement. as a named insured does not apply to injury A person or organization is an additional insured or damage with respect to which such insured under this provision only for that period of time is also a named insured under another policy required by the contract or agreement. or would be a named insured under such However, no such person or organization is an policy but for its termination or the exhaustion insured under this provision if such person or of its limits of insurance. organization is included as an insured by an 3. Newly Acquired Or Formed Organization endorsement issued by us and made a part of Any organization you newly acquire or form, this Coverage Part. other than a partnership, joint venture or limited a. Vendors liability company, and over which you maintain Any person(s) or organization(s) (referred to financial interest of more than 50% of the voting below as vendor), but only with respect to stock, will qualify as a Named Insured if there is "bodily injury" or "property damage" arising no other similar insurance available to that out of"your products" which are distributed or organization. However; sold in the regular course of the vendor's a. Coverage under this provision is afforded only business and only if this Coverage Part until the 180th day after you acquire or form provides coverage for "bodily injury" or the organization or the end of the policy "property damage" included within the period, whichever is earlier; "products-completed operations hazard". b. Coverage A does not apply to "bodily injury" (1) The insurance afforded the vendor is or "property damage" that occurred before subject to the following additional you acquired or formed the organization; and exclusions: c. Coverage B does not apply to "personal and This insurance does not apply to: advertising injury" arising out of an offense (a) "Bodily injury" or"property damage" for committed before you acquired or formed the which the vendor is obligated to pay organization. damages by reason of the assumption 4. Nonowned Watercraft of liability in a contract or agreement. This exclusion does not apply to With respect to watercraft you do not own that is liability for damages that the vendor less than 51 feet long and is not being used to would have in the absence of the carry persons for a charge, any person is an contract or agreement; insured while operating such watercraft with your permission. Any other person or organization [bJ Any express warranty unauthorized by responsible for the conduct of such person is you; also an insured, but only with respect to liability (c) Any physical or chemical change in the arising out of the operation of the watercraft, and product made intentionally by the only if no other insurance of any kind is available vendor; to that person or organization for this liability. (d) Repackaging, except when unpacked However, no person or organization is an insured solely for the purpose of inspection, with respect to: demonstration, testing, or the a. "Bodily injury" to a co-"employee" of the substitution of parts under instructions person operating the watercraft; or from the manufacturer, and then b, "Property damage" to property owned by, repackaged in the original container; rented to, in the charge of or occupied by you (e) Any failure to make such inspections, or the employer of any person who is an adjustments, tests or servicing as the insured under this provision. vendor has agreed to make or normally Page 12 of 21 HG 00 01 09 16 67331205 1 22-23 GLIAL/WC/V14D I Windy We.t 13123I20 2 ]:17c36 pH {PAT} I Page 14 of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 undertakes to make in the usual This insurance does not apply to: course of business, in connection with 1, Any "occurrence" which takes place after the distribution or sale of the products; you cease to lease that land; or (f) Demonstration, installation, servicing 2. Structural alterations, new construction or or repair operations, except such demolition operations performed by or on operations performed at the vendor's behalf of such person or organization. premises in connection with the sale of the product; d, Architects, Engineers Or Surveyors (g) Products which, after distribution or Any architect, engineer, or surveyor, but only sale by you, have been labeled or with respect to liability for "bodily injury", relabeled or used as a container, part "Property damage" or "personal and thing or advertising injury" caused, in whole or in part, or ingredient of any other thi substance by or for the vendor; by your acts or omissions or the acts or (h) "Bodily injury" or "property damage" omissions of those acting on your behalf: (1) In connection with your premises; or arising out of the sole negligence of the vendor for its own acts or omissions or (2) In the performance of your ongoing those of its employees or anyone else operations performed by you or on your acting on its behalf. However, this behalf. exclusion does not apply to: With respect to the insurance afforded these (i) The exceptions contained in Sub- additional insureds, the following additional paragraphs (d) or(f); or exclusion applies: (ii) Such inspections, adjustments, This insurance does not apply to "bodily tests or servicing as the vendor has injury", "property damage" or "personal and agreed to make or normally advertising injury" arising out of the rendering undertakes to make in the usual of or the failure to render any professional course of business, in connection services by or for you, including: with the distribution or sale of the 1. The preparing, approving, or failing to products. prepare or approve, maps, shop drawings, (2) This insurance does not apply to any opinions; reports, surveys, field orders, insured person or organization, from change orders or drawings and whom you have acquired such products, specifications; or or any ingredient, part or container, 2. Supervisory, inspection, architectural or entering into, accompanying or containing engineering activities. such products. This exclusion applies even if the claims b. Lessors Of Equipment against any insured allege negligence or (1) Any persons) or organization(s) from other wrongdoing in the supervision, hiring, whom you lease equipment; but only with employment, training or monitoring of others respect to their liability for "bodily injury", by that insured, if the 'occurrence" which "property damage" or "personal and caused the "bodily injury" or "property advertising injury" caused, in whole or in damage", or the offense which caused the part, by your maintenance, operation or "personal and advertising injury", involved the use of equipment leased to you by such rendering of or the failure to render any persons) or organization(s). professional services by or for you. (2) With respect to the insurance afforded to e. Permits Issued By State Or Political these additional insureds this insurance Subdivisions does not apply to any "occurrence" which Any state or political subdivision, but only with takes place after the equipment lease respect to operations performed by you or on expires. your behalf for which the state or political c. Lessors Of Land Or Premises subdivision has issued a permit. Any person or organization from whom you With respect to the insurance afforded these lease land or premises, but only with respect additional insureds, this insurance does not to liability arising out of the ownership, apply to: maintenance or use of that part of the land or premises leased to you. (1) "Bodily injury" "property damage" or "personal and advertising injury" arising With respect to the insurance afforded these out of operations performed for the state additional insureds the following additional or municipality; or exclusions apply: HG 00 01 09 16 Page 13 of 21 6733,1205 1 22-23 GLIAL/WC/UMB I Windy West 1 3123120,,.2 3.27:36 e:N (Pi1TJ I Page 15 of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 (2) "Bodily injury" or "property damage" by that insured, if the "occurrence" which included within the "products-completed caused the "bodily injury" or "'property operations hazard"_ damage", or the offense which caused the f. Any Other Party "'personal and advertising injury", involved the An other person or organization who is not rendering of or the failure to render any y g professional services by or for you. an additional insured under Paragraphs a. through e. above, but only with respect to The limits of insurance that apply to additional liability for "bodily injury", "property damage"' insureds is described in Section III — Limits Of or"personal and advertising injury"caused, in Insurance. whole or in part, by your acts or omissions or How this insurance applies when other insurance the acts or omissions of those acting on your is available to the additional insured is described behalf: in the Other Insurance Condition in Section IV — (1) In the performance of your ongoing Commercial General Liability Conditions. operations; No person or organization is an insured with respect (2) In connection with your premises owned to the conduct of any current or past partnership, by or rented to you; or joint venture or limited liability company that is not (3) In connection with "your work" and shown as a Named Insured in the Declarations. included within the "products-completed SECTION III—LIMITS OF INSURANCE operations hazard", but only if 1. The Most We Will Pay (a) The written contract or agreement The Limits of Insurance shown in the requires you to provide such coverage Declarations and the rules below fix the most we to such additional insured; and will pay regardless of the number of: (b) This Coverage Part provides coverage a. Insureds; for "bodily injury" or"property damage" b. Claims made or"suits" brought; or included within the '"products- completed operations hazard'". c. Persons organizations making claims or However: bringing "suits". its". 2` General Aggregate Limit (1) The insurance afforded to such additional insured only applies to the extent The General Aggregate Limit is the most we will permitted by law; and pay for the sum of: (2) If coverage provided to the additional a. Medical expenses under Coverage C; insured is required by a contract or b. Damages under Coverage A, except agreement, the insurance afforded to such damages because of "bodily injury" or additional insured will not be broader than "'property damage" included in the "products- that which you are required by the contract completed operations hazard"; and or agreement to provide for such c. Damages under Coverage B. additional insured. 3, Products-Completed Operations Aggregate With respect to the insurance afforded to Limit these additional insureds, this insurance does The Products-Completed Operations Aggregate not apply to: Limit is the most we will pay under Coverage A "Bodily injury", "property damage" or for damages because of "bodily injury" and "'personal and advertising injury" arising out of "property damage" included in the "products- the rendering of, or the failure to render, any completed operations hazard professional architectural, engineering or 4. Personal And Advertising Injury Limit surveying services, including: (1) The preparing, approving, or failing to Subject to 2. above, the Personal and prepare or approve, maps, shop drawings, Advertising Injury Limit is the most we will pay opinions, reports, surveys, field orders, under Coverage B for the sum of all damages change orders or drawings and because of all "personal and advertising injury" specifications; or sustained by any one person or organization. (2) Supervisory, inspection, architectural or 6• Each Occurrence Limit engineering activities. Subject to 2. or 3. above, whichever applies, the This exclusion applies even if the claims Each Occurrence Limit is the most we will pay for against any insured allege negligence or the sum of: other wrongdoing in the supervision, hiring, a. Damages under Coverage A; and employment, training or monitoring of others Page 14of21 HG00016916 0334205 1 22-23 GL/ILL/WC/OMB I Windy West 13/23/2022 3;17.36 PH JPDTI I Page 16 of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 b. Medical expenses under Coverage C a. Notice Of Occurrence Or Offense because of all "bodily injury" and "property You or any additional insured must see to it damage"arising out of any one"occurrence". that we are notified as soon as practicable of 6. Damage To Premises Rented To You Limit an "occurrence" or an offense which may Subject to 5. above, the Damage To Premises result in a claim. To the extent possible, notice should include: Rented To You Limit is the most we will pay under Coverage A for damages because of (1) How, when and where the "occurrence" or "property damage" to any one premises, while offense took place, rented to you, or in the case of damage by fire, (2) The names and addresses of any injured lightning or explosion, while rented to you or persons and witnesses;and temporarily occupied by you with permission of the owner. (3) The nature and location of any injury or damage arising out of the "occurrence" or In the case of damage by fire, lightning or offense. explosion, the Damage to Premises Rented To b, Notice Of Claim You Limit applies to all damage proximately caused by the same event, whether such If a claim is made or "suit" is brought against damage results from fire, lightning or explosion any insured, you or any additional insured or any combination of these. must: 7. Medical Expense Limit (1) Immediately record the specifics of the claim or"suit"and the date received; and Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all (2) Notify us as soon as practicable, medical expenses because of "bodily injury" You or any additional insured must see to it sustained by any one person. that we receive written notice of the claim or 8. How Limits Apply To Additional Insureds "'suit"as soon as practicable. If you have agreed in a written contract or written c. Assistance And Cooperation Of The agreement that another person or organization Insured be You and any other involved insured must: added as an additional insured on your policy, (1) Immediately send us copies of any the most we will pay on behalf of such additional demands, notices, summonses or legal insured is the lesser of: papers received in connection with the a. The limits of insurance specified in the written claim or"suit"; contract or written agreement; or (2) Authorize us to obtain records and other b. The Limits of Insurance shown in the information; Declarations. (3) Cooperate with us in the investigation or Such amount shall be a part of and not in settlement of the claim or defense against addition to Limits of Insurance shown in the the"suit"; and Declarations and described in this Section. (4) Assist us, upon our request, in the The Limits of Insurance of this Coverage Part apply enforcement of any right against any person separately to each consecutive annual period and to or organization which may be liable to the any remaining period of less than 12 months, insured because of injury or damage to starting with the beginning of the policy period which this insurance may also apply. shown in the Declarations, unless the policy period d. Obligations At The Insureds Own Cost is extended after issuance for an additional period of No insured will, except at that insured's own less than 12 months. In that case, the additional cost, voluntarily make a payment, assume period will be deemed part of the last preceding period for purposes of determining the Limits of any obligation, or incur any expense, other than for first aid, without our consent. insurance. SECTION IV — COMMERCIAL GENERAL e. Additional Insureds Other Insurance LIABILITY CONDITIONS If we cover a claim or "suit" under this 1. Bankruptcy Coverage Part that may also be covered by other insurance available to an additional Bankruptcy or insolvency of the insured or of the insured, such additional insured must submit insured's estate will not relieve us of our such claim or "suit" to the other insurer for obligations under this Coverage Part, defense and indemnity. 2. Duties In The Event Of Occurrence, Offense, However, this provision does not apply to the Claim Or Suit extent that you have agreed in a written HG Oa 0109 16 Page 15 of 21 67334205 1 22-23 GL/AL/NC/UH8 I windy West 1 3/23/2022 3:17:36 PH (FOT1 I Page 17 of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 contract or written agreement that this b. Excess Insurance insurance is primary and non-contributory This insurance is excess over any of the other with the additional insured's own insurance, insurance, whether primary, excess, f. Knowledge Of An Occurrence, Offense, contingent or on any other basis: Claim Or Suit (1) Your Work Paragraphs a. and b. apply to you or to any That is Fire, Extended Coverage, Builder's additional insured only when such Risk, Installation Risk or similar coverage "occurrence", offense, claim or"suit" is known for"your work'"; to: (2) Premises Rented To You (1) You or any additional insured that is an individual; That is fire, lightning or explosion 2] An insurance for premises rented to you or [ y partner, if you ❑r the additional temporarily occupied by you with insured is a partnership; permission of the owner; (3) Any manager, if you or the additional (3) Tenant Liability insured is a limited liability company; (4) Any "executive officer" or insurance That is insurance purchased by you to cover Your liability as a tenant for manager, if you or the additional insured is " a corporation; property damage" to premises rented to you or temporarily occupied by you with (S) Any trustee, if you or the additional permission of the owner; insured is a trust; or (4) Aircraft, Auto Or Watercraft (6) Any elected or appointed official, if you or If the loss arises out of the maintenance or the additional insured is a political use of aircraft, "autos" or watercraft to the subdivision or public entity. extent not subject to Exclusion g. of This duty applies separately to you and any Section I — Coverage A — Bodily Injury additional insured. And Property Damage Liability; 3. Legal Action Against Us (5) Property Damage To Borrowed No person or organization has a right under this Equipment Or Use Of Elevators Coverage Part: If the loss arises out of"property damage" a. To join us as a party or otherwise bring us to borrowed equipment or the use of into a "suit" asking for damages from an elevators to the extent not subject to insured; or Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage b. To sue us on this Coverage Part unless all of Liability; its terms have been fully complied with. A person or organization may sue us to recover (6) When You Are Added As An Additional on an agreed settlement or on a final judgment Insured To Other Insurance against an insured; but we will not be liable for Any other insurance available to you damages that are not payable under the terms of covering liability for damages arising out this Coverage Part or of the premises or operations, or products that are in excess of the applicable limit of and completed operations, for which you insurance. An agreed settlement means a have been added as an additional insured settlement and release of liability signed by us, by that insurance; or the insured and the claimant or the claimant's (7) When You Add Others As An legal representative. Additional Insured To This Insurance 4. Lather Insurance Any other insurance available to an If other valid and collectible insurance is additional insured. available to the insured for a loss we cover under However, the following provisions apply to Coverages A or B of this Coverage Part, our other insurance available to any person or obligations are limited as follows: organization who is an additional Insured a. Primary Insurance under this coverage part. This insurance is primary except when b. (a) Primary Insurance When Required below applies. If other insurance is also By Contract primary, we will share with all that other This insurance is primary if you have insurance by the method described in c, agreed in a written contract or written below, agreement that this insurance be primary. If other insurance is also Page 16 of 21 HG 00 01 09 16 67134205 1 22-23 GL/AL/WC/UMe I Windy west 1 3/13/2022 3:17;36 PM SPOT} I Page 19 of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 primary, we will share with all that 5. Premium Audit other insurance by the method a. We will compute all premiums for this described in c. below. Coverage Part in accordance with our rules (b) Primary And Non-Contributory To and rates. Other Insurance When Required By b. Premium shown in this Coverage Part as Contract advance premium is a deposit premium only. If you have agreed in a written At the close of each audit period we will contract, written agreement, or permit compute the earned premium for that period that this insurance is primary and non- and send notice to the first Named Insured. contributory with the additional The due date for audit and retrospective insured's own insurance, this insurance premiums is the date shown as the due date is primary and we will not seek on the bill. If the sum of the advance and contribution from that other insurance. audit premiums paid for the policy period is Paragraphs (a) and (b) do not apply to greater than the earned premium, we will other insurance to which the additional return the excess to the first Named Insured. Insured has been added as an additional c. The first Named Insured must keep records of insured. the information we need for premium When this insurance is excess, we will have computation, and send us copies at such no duty under Coverages A or B to defend times as we may request. the insured against any "suit" if any other 6. Representations insurer has a duty to defend the insured a. When You Accept This Policy against that"suit". If no other insurer defends, we will undertake to do so, but we will be By accepting this policy, you agree: entitled to the insured's rights against all (1) The statements in the Declarations are those other insurers, accurate and complete; When this insurance is excess over other (2) Those statements are based upon insurance, we will pay only our share of the representations you made to us; and amount of the loss, if any, that exceeds the (3) We have issued this policy in reliance sum of: upon your representations. (1) The total amount that all such other b. Unintentional Failure To Disclose Hazards insurance would pay for the loss in the absence of this insurance, and If unintentionally you should fail to disclose all hazards relating to the conduct of your (2) The total of all deductible and self-insured business that exist at the inception date of amounts under all that other insurance. this Coverage Part, we shall not deny We will share the remaining loss„ if any, with coverage under this Coverage Part because any other insurance that is not described in of such failure. this Excess Insurance provision and was not 7. Separation Of Insureds bought specifically to apply in excess of the Limits of Insurance shown in the Declarations Except with respect to the Limits of Insurance, of this Coverage Part. and any rights or duties specifically assigned in this Coverage Fart to the first Named Insured, c. Method Of Sharing this insurance applies: If all of the other insurance permits a. As if each Named Insured were the only contribution by equal shares, we will follow Named Insured; and this method also. Under this approach each b. Separately to each insured against whom insurer contributes equal amounts until it has claim is made or"suit" is brought. paid its applicable limit of insurance or none of the loss remains,whichever comes first. 8. Transfer Of Rights Of Recovery Against If any of the other insurance does not permit Others To Us contribution by equal shares, we will a. Transfer Of Rights Of Recovery contribute by limits. Under this method, each If the insured has rights to recover all or part insurer's share is based on the ratio of its of any payment, including Supplementary applicable limit of insurance to the total Payments, we have made under this applicable limits of insurance of all insurers. Coverage Part, those rights are transferred to us. The insured must do nothing after loss to HG 00 01 09 16 Page 17 of 21 67334205 1 22-23 Ci•IAL/WCIUH13 I Windy Nest 13/23/2022 3:17:36 Ph [PDT] I Page 19 of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 impair them. At our request, the insured will other motor vehicle Insurance law where it is bring "suit" or transfer those rights to us and licensed or principally garaged. help us enforce them. However, "auto" does not include "mobile b. Waiver Of Rights Of Recovery (Waiver Of equipment". Subrogation) 5. 'Bodily injury" means physical: If the insured has waived any rights of a. Injury; recovery against any person or organization for all or part of any payment, including b. Sickness; or Supplementary Payments, we have made c. Disease under this Coverage Part, we also waive that sustained by a person and, if arising out of the right, provided the insured waived their rights above, mental anguish or death at any time. of recovery against such person or organization in a contract, agreement or 6 "Coverage territory" means: permit that was executed prior to the injury or a, The United States of America (including its damage. territories and possessions), Puerto Rico and 9. When We Do Not Renew Canada; If we decide not to renew this Coverage Park, we b. International waters or airspace, but only if will mail or deliver to the first Named Insured the injury or damage occurs in the course of shown in the Declarations written notice of the travel or transportation between any places nonrenewal not less than 30 days before the included in a, above; or expiration date. c. All other parts of the world If the injury or if notice is mailed, proof of mailing will be damage arises out of: sufficient proof of notice. (1) Goods or products made or sold by you in SECTION V—DEFINITIONS the territory described in a, above; 1. "Advertisement" means the widespread public (2) The activities of a person whose home is dissemination of information or images that has in the territory described in a. above, but is the purpose of inducing the sale of goods, away for a short time on your business; or products or services through: (3) "Personal and advertising injury" offenses a. (1) Radio; that take place through the Internet or similar electronic means of communication (2) Television; provided the insured's responsibility to pay (3) Billboard; damages is determined in the United States of (4) Magazine; America (including its territories and possessions), (5) Newspaper; or Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory or b. Any other publication that Is given widespread in a settlement we agree to. public distribution. 7, "Employee" includes a "leased worker". However, "advertisement"does not include; "Employee" does not include a "temporary a. The design, printed material, information or worker". images contained in, on or upon the g, "Employment-Related Practices" means: packaging or labeling of any goods or products; or a. Refusal to employ that person; b. An interactive conversation between or b. Termination of that person's employment; or among persons through a computer network. c. Employment-related practices, policies, acts 2. "Advertising idea" means any idea for an or omissions, such as coercion, demotion, "advertisement". evaluation, reassignment, discipline, defamation, harassment, humiliation, 3. "Asbestos hazard" means an exposure or malicious prosecution threat of exposure to the actual or alleged discrimination properties of asbestos and includes the mere directed at that person, presence of asbestos in any form. 9. '"Executive officer" means a person holding any 4. "Auto"' means: of the officer positions created by your charter, constitution, by-laws or any other similar a. A land motor vehicle, trailer or semitrailer governing document. designed for travel on public roads, including 1G."Hostile fire" means one which becomes any attached machinery or equipment; or uncontrollable or breaks out from where it was b. Any other land vehicle that is subject to a intended to be. compulsory or financial responsibility law or Page 18 of 21 HG OD 01 09 16 •-7334209 1 22-23 GLIALIWCIUHB I Windy West 1 3/23/2022 3:17:36 PH (POT) I Page 20 of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 11."Impaired property" means tangible property, jay Preparing, approving, or failing to other than "your product" or "your work", that prepare or approve, maps, shop cannot be used or is less useful because: drawings, opinions, reports, surveys, a. It incorporates "your product" or "your work" field orders,change orders or drawings that is known or thought to be defective, and specifications; or deficient, inadequate or dangerous; or (b) Giving directions or instructions, or b. You have failed to fulfill the terms of a failing to give them, if that is the contract or agreement; primary cause of the injury or damage; or if such property can be restored to use by the repair, replacement, adjustment or removal of (2) Under which the insured, if an architect, "your product" or"your work", or your fulfilling the engineer or surveyor, assumes liability for terms of the contract or agreement, an injury or damage arising out of the 12."Insured contract" means: insured's rendering or failure to render professional services, including those listed a. A contract for a lease of premises. However, in (1) above and supervisory, inspection, that portion of the contract for a lease of architectural or engineering activities. premises that indemnifies any person or 11"Leased worker" means a person leased to you organization for damage by fire, lightning or by a labor leasing firm under an agreement explosion to premises while rented to you or between you and the labor leasing firm, to temporarily occupied by you with permission of the owner is subject #o the Damage to perform duties related to the conduct of your business. "Leased worker does not include a Premises Rented To You Limit described in Section III—Limits of Insurance; "temporary worker". b. A sidetrack agreement; 14."Loading or unloading" means the handling of property: c. Any easement or license agreement, a. After it is moved from the place where it is including an easement or license agreement accepted for movement into or onto an in connection with construction or demolition aircraft,watercraft or"auto': operations on or within 50 feet of a railroad; b. While it is in or on an aircraft, watercraft or d. An obligation, as required by ordinance, to "auto or indemnify a municipality, except in connection with work for a municipality; c. While it is being moved from an aircraft. e. An elevator maintenance agreement; watercraft or "auto" to the place where it is finally delivered; f. That part of any other contract or agreement but '"loading or unloading" does not include the pertaining to your business (including an movement of property by means of a mechanical indemnification of a municipality in connection device, other than a hand truck, that is not with work performed for a municipality) under attached to the aircraft, watercraft or"auto". which you assume the tort liability of another party to pay for "bodily injury" or "property 15."Mobile equipment" means any of the following. damage" to a third person or organization, types of land vehicles, including any attached provided the "bodily injury" or "property machinery or equipment: damage" is caused, in whole or in part, by a. Bulldozers, farm machinery,forklifts and other you or by those acting on your behalf. Tort vehicles designed for use principally off public liability means a liability that would be roads; imposed by law in the absence of any b. Vehicles maintained for use solely on or next contract or agreement. to premises you own or rent; Paragraph f. includes that part of any contract c. Vehicles that travel on crawler treads; or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising d. Vehicles, whether self-propelled or not, out of construction or demolition operations, maintained primarily to provide mobility to within 50 feet of any railroad property and permanently mounted: affecting any railroad bridge or trestle, tracks, (1) Power cranes, shovels, loaders, diggers or road-beds„tunnel, underpass or crossing. drills; or However, Paragraph f. does not include that (2) Road construction or resurfacing part of any contract or agreement: equipment such as graders, scrapers or (1) That indemnifies an architect, engineer or rollers; surveyor for injury or damage arising out e. Vehicles not described in a., b., c. or d. above of. that are not self-propelled and are maintained HG 00 0109 16 Page 19 of 21 67334$o3 1 22-23 Gl./AL/WC/UHa I windy West 1 3123/2022 .3.17:36 8M (PDT) I page 21 of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 primarily to provide mobility to permanently e. Oral, written or electronic publication, in any attached equipment of the following types: manner, of material that violates a person's (1) Air compressors, pumps and generators, right of privacy; including spraying, welding, building f. Copying, in your "advertisement", a person's cleaning, geophysical exploration, lighting or organization's "advertising idea" or style of and well servicing equipment; or "advertisement"; or (2) Cherry pickers and similar devices used to g. Infringement of copyright, slogan, or title of raise or lower workers; any literary or artistic work, in your f. Vehicles not described in a., b., c. or d. above "advertisement". maintained primarily for purposes other than 18."Pollutants" mean any solid, liquid, gaseous or the transportation of persons or cargo. thermal irritant or contaminant, Including smoke, However, self-propelled vehicles with the vapor, soot, fumes, acids, alkalis, chemicals and following types of permanently attached waste. Waste includes materials to be recycled, equipment are not"mobile equipment" but will reconditioned or reclaimed. be considered "autos": 19."Prod ucts-completed operations hazard": (1) Equipment designed primarily for: a. Includes all "bodily injury" and "property (a) Snow removal, damage" occurring away from premises you (b) Road maintenance, but not own or rent and arising out of "your product" construction or resurfacing; or or"your work"except: (c) Street cleaning; (1) Products that are still in your physical pcssession; or (2) Cherry pickers and similar devices (2) Work that has not yet been completed or mounted on automobile or truck chassis abandoned. However, "your work" will be and used to raise or lower workers; and deemed completed at the earliest of the (3) Air compressors, pumps and generators, following times: including spraying, welding, building (a) When all of the work called for in your cleaning, geophysical exploration, lighting contract has been completed, and well servicing equipment. However, "mobile equipment" does not include {b) When all of the work to be done at the any land vehicle that is subject to a compulsory Job site has been # your contract calls for workork at at m more than or financial responsibility law or other motor one job site. vehicle insurance law where it is licensed or principally garaged. land vehicles subject to a (c} When that part of the work done at a compulsory or financial responsibility law or other job site has been put its intended motor vehicle insurance law are considered use by any person orr organization "autos". other than another contractor or 16."Occurrence" means an accident, including subcontractor working on the same project. continuous or repeated exposure to substantially the same general harmful conditions. Work that may need service, 17."Personal and advertising injury" means maintenance, correction, repair or injury, including consequential "bodily injury", replacement, but which is otherwise arising out of one or more of the following complete, will be treated as completed. offenses: b. Does. not include "bodily injury" or "property a. False arrest, detention or imprisonment; damage"arising out of: b. Malicious prosecution; (1) The transportation of property, unless the injury or damage arises out of a condition c. The wrongful eviction from, wrongful entry in or on a vehicle not owned or operated into, or invasion of the right of private by you, and that condition was created by occupancy of a room, dwelling or premises the "loading or unloading" of that vehicle that a person or organization occupies, by any insured; committed by or on behalf of its owner, (2) The existence of tools, uninstalled landlord or lessor; equipment or abandoned or unused d. Oral, written or electronic publication, in any materials; or manner, of material that slanders or libels a (3) Products or operations for which the person or organization or disparages a classification, listed in the Declarations or person's or organization's goods, products or in a policy Schedule, states that products- services; Page 20 of 21 HG 00 01 09 16 67334205 1 2z-n GI./AL/WC/umb I Wlndy West . 3/.^.3/2022 3:17.36 FM JVDT1 I 1'.gt of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 completed operations are subject to the 24•"Your product": General Aggregate Limit. a. Means: 20."Property damage" means: (1) Any goods or products, other than real a. Physical injury to tangible property, including property, manufactured, sold, handled, all resulting loss of use of that property. All distributed or disposed of by: such loss of use shall be deemed to occur at (a) You; the time of the physical injury that caused it; (b) Others trading under your name; or or b. Loss of use of tangible property that is not (c) A person or organization whose physically injured. All such loss of use shall business or assets you have acquired; be deemed to occur at the time of the and ''occurrence"that caused it. (2) Containers (other than vehicles), As used in this definition, computerized or materials, parts or equipment furnished in electronically stored data, programs or software connection with such goods or products. are not tangible property. Electronic data means b. Includes information, facts or programs: (1) Warranties or representations made at a. Stored as or on; any time with respect to the fitness. b. Created or used on; or quality, durability, performance or use of c. Transmitted to or from; "your product"; and computer software, including systems and (2) The providing of or failure to provide g Y warnings or instructions. applications software, hard or floppy disks, CD- Does not include vending machines or other RQMS, tapes, drives, cells, data processing �• devices or any other media which are used with property rented to or located for the use of electronically controlled equipment. others but not sold. 21."Suit" means a civil proceeding in which 25."Your work": damages because of "bodily injury", "property a. Means: damage" or "personal and advertising injury" to (1) Work or operations performed by you or which this insurance applies are alleged. "Suit" on your behalf; and includes: in An arbitration proceeding in which such (2) Materials, parts or equipment furnished in a. p g connection with such work or operations. damages are claimed and to which the insured must submit or does submit with our b• Includes consent; or (1) Warranties or representations made at b. Any other alternative dispute resolution any time with respect to the fitness, proceeding in which such damages are quality, durability, performance or use of claimed and to which the insured submits with "your work", and our consent. (2) The providing of or failure to provide 22."Temporary worker" means a person who is warnings or instructions. furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23."Volunteer worker" means a person who a. Is not your"employee' b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. is not paid a fee, salary or other compensation by you or anyone else for their work performed for you, HG 00 01 0915 Page 21 of 21 67331205 1 22-23 G"AP,NCIUME1 I KindY N®s[ 1 3/23/2022 3:17:36 PM (PM) I Page 23 of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 AAA Restoration,Inc. 72UFAHD2&36 it 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 1- Alienated Premises Coverage........................................................................................................................ 1 2. Damage To Your Work...................................................................................................................................1 3 Contractors Limited Professional Liability.,...... .............................__.............................................................1 4. Per Project and Per Location General Aggregate Limits Of Insurance..........................................................2 5. Medical Payments Coverage-Including Products-Completed Operations..................................................3 6. Injury To Employee's Reputation With Respect To Incidental Medical Malpractice ......................................3 7. Bodily Injury Employee Suits..............__.... ........... ........ ...................... 8. Consolidated Insurance(Wrap-Up) Program..................................................................................................3 8. Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability ........„...............4 10. Supplementary Payments......................r...... ......1.11-................................. ............................5 11. Two Or More Coverage Parts Or Policies Issued By Us................................................................................5 12. Notice of Cancellation to Certificate Holders..................................................................................................5 13. Contractual Liability Coverage For Personal And Advertising Injury..............................................................6 14. Insured Contract Definition..............................................................................................................................6 1. ALIENATED PREMISES COVERAGE This provision does not apply if exclusion I. Exclusion j. Damage To Property of Section I - Damage To Your Work has been otherwise Coverage A is amended as follows: modified by endorsement. a. The following exception to the exclusion is 3• CONTRACTORS LIMITED PROFESSIONAL deleted: LIABILITY Paragraph(2) of this exclusion does not apply The following exclusion is added to Paragraph 2., if the premises are "your work" and were Exclusions of Section I - Coverage A - Bodily never occupied, rented or held for rental by Injury And Property Damage Liability, and to you. Paragraph 2., Exclusions of Section I - b. This exception is replaced by the following: Coverage B - Personal And Advertising Injury Paragraph (2)of this exclusion does not apply Liability: if the premises are"your work This insurance does not apply to "bodily injury", 2, DAMAGE TO YOUR WORK "property damage" or "personal and advertising injury" arising out of the rendering of or failure to Exclusion I. Damage To Your Work of Section I - render any professional services by you with Coverage A is replaced by the following: respect to your providing engineering, I. Damage to Your Work architectural or surveying services in your "Property damage" to that particular part of capacity as an engineer, architect or surveyor. "your work"that must be restored, repaired or Professional services include: replaced because "your work" was incorrectly (1) The preparing, approving, or failing to prepare performed and included in the "products- or approve, maps, shop drawings, opinions, completed operations hazard". reports, surreys, field orders, change orders, This exclusion does not apply if the damaged or drawings and specifications; and work or the work performed incorrectly was (2) Supervisory or inspection activities performed performed on your behalf by a subcontractor. as a part of any related architectural or engineering activities. Form HS 24 ao 03 17 Page 1 of 6 ©2417,The Hartford 67334205 1 22-23 GL/AL/►IC/nMB i Mindy West 1 3/23/2022 3._7:36 PH (F.W) I Fag. 24 of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 This exclusion applies even if the claims against expenses under Coverage C regardless any insured allege negligence or other of the number of; wrongdoing in the supervision, hiring, a. Insureds; employment, training or monitoring of others by b. Claims made or"suits" brought; or that insured, if the "occurrence"which caused the "bodily injury" or "property damage", or the C. Persons or organizations malting offense which caused the "personal and claims or bringing'"suits". advertising injury", involved the rendering of or 3. Any payments made under Coverage A failure to render any professional services by you for damages or under Coverage C for with respect to your providing engineering, medical expenses shall reduce the Per architectural or surveying services in your Project General Aggregate Limit for that capacity as an engineer,architect or surveyor. "project" or the Per Location General This exclusion does not apply to your operations Aggregate for that "location", whichever in connection with construction work performed by applies. Such payments shall not reduce you or on your behalf. the General Aggregate Limit shown in the However, this exception to the exclusion will not Declarations, the Per Project General apply if you are in the business or profession of Aggregate Limit for any other"project", or providing the professional services described the Per Location General Aggregate Limit above independent from the construction work for any other"location". performed by you or on your behalf. 4. The limits shown In the Declarations for In the event this insurance applies to any injury, Each Occurrence, Damage To Premises damage, loss, cost or expense covered by Rented To You and Medical Expense Professional Liability insurance issued by a continue to apply. However, instead of company unaffiliated with us, then the insurance being subject to the General Aggregate afforded under this Coverage Part is excess over Limit shown in the Declarations, such such other valid and collectible Professional limits will be subject to the applicable Per Liability insurance (including any deductible or Project General Aggregate Limit if self-insured retention portion thereof), and any attributable only to ongoing operations at other valid and collectible insurance available to a single "project or the Per Location the insured whether primary, excess, contingent General Aggregate if attributable only to or on any other basis. ongoing operations at a single "location". 4. PER PROJECT AND PER LOCATION B. For all sums which the Insured becomes GENERAL AGGREGATE LIMITS OF legally obligated to pay as damages caused INSURANCE by "occurrences" under Section I -Coverage A and for all medical expenses caused by A. For all sums which the insured becomes accidents under Section I - Coverage C , legally obligated to pay as damages caused which cannot be attributed only to ongoing by "occurrences" under Section l-Coverage operations at a single "project" or a single A, and for all medical expenses caused by "location' accidents under Section I - Coverage C, 1, Any payments made under Coverage A which can be attributed only to ongoing for damages or under Coverage C for operations at a single "project" or a single medical expenses shall reduce the "location"; amount available under the General 1. A separate Per Project General Aggregate Limit or the Products- Aggregate Limit or a separate Per Completed Operations Aggregate Limit, Location General Aggregate Limit applies whichever is applicable; and to each "project" or "location", whichever 2. Such payments shall not reduce any Per is applicable. The Per Project General Project General Aggregate Limit or any Aggregate Limit and Per Location Per Location General Aggregate Limit. Aggregate Limit is equal to the amount of C. When General Aggregate Limit shown in the hen coverage for liability arising out of the Declarations. products-completed operations hazard" is 2. The Per Project General Aggregate Limit provided, any payments for damages because or the Per Location General Aggregate of "bodily injury" or (,property damage" Limit, whichever applies, is the most we included in the products-completed will pay for the sum of all damages under operations hazard" will reduce the Products- Coverage A. except damages because of Completed Operations Aggregate Limit, and "bodily injury"' or "property damage"' not reduce the Genera! Aggregate Limit,or included in the "products-completed any Per Project General Aggregate Limit or operations hazard"`, and for medical any Per Location General Aggregate Limit. Page 2 of B Form HS 24 50 0317 67334205 1 22-23 GL/AL/WC/Umo I Windy nest 1 3/2712c)22 3.17t 36 PN. 1PG:; . . qc 25 of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 D. The provisions of Section III - Limits Of (3) The injured person submits to Insurance not otherwise modified by this examination, at our expense, by endorsement shall continue to apply as physicians of our choice as often as stipulated. we reasonably require. E. For the purposes of Paragraph 4, the fi. INJURY TO EMPLOYEE'S REPUTATION WITH following definitions apply: RESPECT TO INCIDENTAL MEDICAL "Project" means a premises an insured does MALPRACTICE not own or rent and where such insured A. The following is added to paragraph 1.e. of performs construction-related operations. the Insuring Agreement-Coverage A: Each "project" involving the same or (3) VVth respect to incidental medical connecting lots, or premises whose malpractice, "bodily injury" includes connection is separated by a street, roadway, damages claimed for injury to emotions or waterway or right-of wayrailroad shall be reputation of an "employee" arising out of considered a single "project". If a "project"has the rendering or failure to render been abandoned and then restarted, or if the professional health care services as a authorized contracting parties deviate from physician, dentist, nurse, emergency plans, blueprints, designs, specifications or medical technician or paramedic services. timetables, the "project shall be considered a s B. The fallowing exclusion is added to Coverage single "project", "Project" does not include a premises that is a"location". B -Personal and Advertising Injury: "Location"means a premises an insured owns "Personal and advertising injury arising out of or rents and where such insured performs the rendering or failure to render professional business operations other than construction- health care services as a physician, dentist, related operations. Each "location" involving nurse, emergency medical technician or the same or connecting lots, or premises paramedic. whose connection is separated by a street, 7. BODILY INJURY EMPLOYEE SUITS roadway, waterway or right-of-way railroad A. "Bodily injury" as listed in paragraph 2.a.(1) of shall be considered a single "location." Section Il - Who Is An Insured„ does not "Location"does not include a premises that is apply to 2.a.(1)(a)through 2.a.(1)(c). a "project". B. Part a. of Paragraph 4. Nonowned This provision does not apply if the Per Project and Watercraft in Section II -Who Is An Insured the Per Location General Aggregate Limit has been does not apply. otherwise modified by endorsement. g, CONSOLIDATED INSURANCE (WRAP-UP) 5. MEDICAL PAYMENTS COVERAGE-INCLUDING PROGRAMS PRODUCTS-COMPLETED OPERATIONS The fallowing exclusion is added to Section I Paragraph 1.a. of the Insuring Agreement - Coverage A: Coverage C is replaced by the following: This insurance does not apply to any "bodily injury' 1. Insuring Agreement or "property damage" arising out of any "wrap a. We will pay medical expenses as project or premises" where an insured under this described below for"bodily injury" caused policy is also an insured under a commercial general by an accident: liability (CGL) policy included within a "consolidated insurance (wrap-up) program." This exclusion (1) On premises you own or rent; applies even if the limits of insurance for such (2) On ways next to premises you own or "consolidated insurance (wrap-up) program" are rent; exhausted or not collected for any reason, including (3) Because of your operations; or bankruptcy or insolvency of the insurer providing coverage for the "consolidated insurance (wrap-up) (4) Included within the definition of the program". This exclusion also applies if the CGL "products-completed operations coverage afforded under the "consolidated hazard;" insurance (wrap-up) program" is narrower in scope provided that: than the coverage provided by this policy. (1) The accident takes place in the This exclusion does not apply to: "coverage territory" and during the A. Products-Completed Operations Hazard policy period; Exception (2) The expenses are incurred and "Bodily injury" or "property damage" arising reported to us within three years of out of an insured's operations at or in the date of the accident; and connection with a "wrap project or premises" Form HS 24 50 0317 Page 3 of 6 67134205 1 22-23 GL/AL/WC/UH6 ] Winy West 1 3/23/20;2 3:17:36 PH {PUTJ I P.xge 2G of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 when such "bodily injury" or "property inspection performed by an insured at or in damage" commences after the "products- connection with a "wrap project or premises", in completed operations hazard" coverage or order to replace or repair an insured's completed any completed operations extension coverage work. provided by the applicable "consolidated "Punch list work" means work performed by an insurance (wrap-up) program"has ended or is insured at or in connection with a "wrap project or no longer in effect. premises" in order to complete the work called for B. Excluded Operations Exception in an insured's contract for the "wrap project or "Bodily injury" or "property damage" arising premises". out of an insured's operations at or in 9. ACCESS OR DISCLOSURE OF CONFIDENTIAL connection with a "wrap project or premises" OR PERSONAL INFORMATION AND DATA- to the extent the applicable "consolidated RELATED LIABILITY insurance (wrap-up) program" does not apply A. F_xclusion p. of Section I - Coverage A - to those operations. Bodily Injury And Property Damage Liability C. Off-Site Location Exception is replaced by the following: "Bodily injury" or "property damage" resulting p. Access Or Disclosure Of Confidential from an insured's operations at or in Or Personal Information And Data- connection with a "wrap project or premises" Related Liability at a location to which the applicable "consolidated insurance (wrap-up) program" Damages arising out of: does not apply. (1) Any access to or disclosure of any D. Repair Work And Punch List Work person's or organization's confidential Exception or personal information„ including "Bodily injury" or"property damage" resulting patents, trade secrets, processing from "repair work" or "punch list work" at a methods, customer lists, financial "wrap project or premises" but only when the information, credit card information, applicable "consolidated insurance (wrap-up) health information or any other type of program"does not apply or no longer applies nonpublic information; or to such"repairwork"or"punch list work". (2) the loss of, loss of use of, damage to, This exception does not apply to the cost of corruption of, inability to access, or performing such "repair worts" or "punch list Inability to manipulate "electronic work", or to the "repair work" or "punch list data" that does not result from work"itself. physical injury to tangible property. E. Additional Insured Extension This exclusion applies even if damages "Bodily injury" or "property damage" for which are claimed for notification costs, credit you are solely an additional insured under the monitoring expenses, forensic expenses, "consolidated insurance public relations expenses or any other (wrap-up) program". loss, cost or expense incurred by you or The coverage provided under Paragraphs 8.A others arising out of that which is through 8.E. above is subject to all terms, described in Paragraph (1)or(2)above. conditions and exclusions of this policy. However, unless Paragraph (1) above For purposes of Paragraph 8., the following applies, this exclusion does not apply to definitions apply: liability for damages because of "bodily "Consolidated insurance (wrap-up) program" injury". means any agreement or arrangement, including B. The following is added to Paragraph 2. any contractor-controlled, owner-controlled or Exclusions of Section i - Coverage B - similar insurance program under which one or Personal and Advertising Injury more contractor(s) working on a specified project are insured under one or more commercial general 2, Exclusion liability(CGL) policies issued by a specified carrier This insurance does not apply to: for injury or damage arising out of operations Access Or Disclosure Of Confidential conducted in connection with or necessary or Or Personal Information incidental to the project. "Wrap project or premises" means any premises "Personal and advertising injury" arising or construction project subject to a "consolidated out any access disclosure any insurance(wrap-up] program". person's or organization's confidential or personal information, including patents, "Repair work" means service, maintenance, trade secrets, processing methods, correction, repair, replacement work, or periodic customer lists, financial information, credit Page 4 of 6 Form HS 24 50 03 17 67334ZO5 12Z-Z7 GL/AL/WCJUMB t Windy West 3123/Zi122 3-.V:36 PH {PDTi I Page 27 of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 card information, health information or 10. SUPPLEMENTARY PAYMENTS any other type of nonpublic information. In the Supplementary Payments -Coverages A This exclusion applies even if damages and B provision: are claimed for notification costs, credit The limit for the cost of bail bonds in increased to monitoring expenses, forensic expenses, $2 500 public relations expenses or any other 11. TINO OR MORE COVERAGE PARTS OR loss, cost or expense incurred by you or others arising out of any access to or POLICIES ISSUED 8Y US disclosure of any person's or If this policy and any other policy issued to an organization's confidential or personal insured by us or any affiliated company provides information. coverage that applies to the same claim or C. The following paragraph is added to Section damages, the maximum applicable limits) of III -Limits Of Insurance: liability or limit of insurance under all the policies will not exceed the highest applicable limit of Subject to Paragraph 5. Each Occurrence liability or limit of insurance under any one policy. Limit, the most we will pay under Coverage This condition does not apply to any policy issued A for"property damage" because of all loss of by us or an affiliated company specifically written "electronic data" arising out of any one to apply as excess insurance over this policy. "occurrence" is $100,000, unless modified by 12. NOTICE OF CANCELLATION TO CERTIFICATE endorsement. D. The following definition is added to Section V This p J policy y -Definitions: T is subject to the following additional Conditions: "Electronic data" means information, facts or programs: A. If this policy is cancelled by the Company, a. Stared as or on; other than for nonpayment of premium, notice of such cancellation will be provided at least b. Created or used on; or thirty (30) days in advance of the cancellation c. Transmitted to or from; effective date to the certificate holder(s) with computer software, (including systems and mailing addresses on file with the agent of applications software) hard or floppy disks, record or the Company. CD-ROMS, tapes, drives, cells, data B. If this policy is cancelled by the Company for processing devices or any other media which nonpayment of premium, or by the insured, are used with electronically controlled notice of such cancellation will be provided equipment. within (10) days of the cancellation effective E. For the purposes of the coverage provided by date to the certificate holder(s) with mailing this provision, the definition of "property addresses on file with the agent of record or damage" in Section V - Definitions is the Company. replaced by the following: If notice is mailed, proof of mailing to the last "Property damage"means: known mailing address of the certificate holder(s) on file with the agent of record or the Company a. Physical injury to tangible property, will be sufficient proof of notice. including all resulting loss of use of that Any notification rights provided by this property. All such loss of use shall be endorsement apply only to active certificate deemed to occur at the time of the holder(s) who were issued a certificate of physical injury that caused it; insurance applicable to this policy's term. b. Loss of use of tangible property that is not Failure to provide such notice to the certificate physically injured. All such loss of use holder(s) will not amend or extend the date the shall be deemed to occur at the time of cancellation becomes effective, nor will it negate the"occurrence"that caused it; or cancellation of the policy. Failure to send notice c. Loss of, loss of use of, damage to, shall impose no liability of any kind upon the corruption of, inability to access, or Company or its agents or representatives. inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data"shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data"is not tangible property. Form HS 24 50 0317 Page 5 of fi 67314205 1 2Z-23 GL/AL/WC/Lm16 1 Windy WesL 1 3/23/2022 3:17!36 PH (PD7) I Page 28 of 29 DocuSign Envelope ID: F18A5D76-41 1 E-4551-8292-94487C747F50 13. CONTRACTUAL LIABILITY COVERAGE FOR damage", or "personal and advertising PERSONAL AND ADVERTISING INJURY injury" to a third person or organization. Exclusion e. of SECTION I - COVERAGE B Tort liability means a liability that would he PERSONAL AND ADVERTISING INJURY imposed by law in the absence of any LIABILITY is replaced by the following: contract or agreement. This insurance does not apply to; Paragraph f. includes that part of any e. Contractual Liability contract or agreement that indemnifies a railroad for "bodily injury", "property "Personal and advertising injury"for which the damage", or "personal and advertising insured has assumed liability in a contract or injury" arising out of construction or agreement. This exclusion does not apply to demolition operations, within 50 feet of liability for damages; any railroad property and affecting any (1) That the insured would have in the railroad bridge or trestle, tracks, road- absence of the contract or agreement; or beds,tunnel, underpass or crossing. (2) Assumed in a contract or agreement that However, Paragraph f. does not include is an "insured contract", provided the that part of any contract or agreement: "personal and advertising injury" occurs (1) That indemnifies an architect, subsequent to the execution of the engineer or surveyor for injury or contract or agreement. Solely for the damage arising out of: purposes of liability assumed in an (a) Preparing, approving, or failing to "insured contract", reasonable attorney prepare or approve, maps, shop fees and necessary litigation expenses drawings, opinions, reports,. incurred by or for a party other than an surveys, field orders, change insured are deemed to be damages orders or drawings and because of "personal and advertising specifications; or injury", provided: a Liability to such part far, or for the (b) Giving directions or instructions, ( ) y y or failing to give them, if that is cost of, that party's defense has also the primary cause of the injury or been assumed in the same "insured damage; or contract"; and (2) Under which the insured, if an (b) Such attomey fees and litigation architect, engineer or surveyor, expenses are for defense of that party assumes liability for an injury or against a civil or alternative dispute damage arising out of the insured s resolution proceeding in which es to which this insurance rendering or failure to render damages professional services, including those applles are alleged. listed in (1) above and supervisory, 14. INSURED CONTRACT DEFINITION inspection, architectural or a, INSURED CONTRACT-CONSTRUCTION engineering activities. OPERATIONS AND MUNICIPAL WORK All other terms and conditions in the policy remain Paragraph d. of the definition of "insured unchanged. contract" in Section V - Definitions is deleted and replaced by the following: An obligation, as required by ordinance, to indemnify a municipality. b. CONTRACTUAL LIABILITY Paragraph f" of the definition of "insured contract" is deleted and replaced by the following: That part of any other contract or agreement pertaining to your business (including an indemnification 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", "property Page 6 of 6 Form HS 24 50 0317 ti']7g1;; _,1-t;: o1.inL;w.i7H8 n_r. z nest 1 3/23/2622 3:11:1t LM ;FVYJ . Page 29 of 25 DocuSign Envelope ID: F18A5D76-411E-4551-8292-94487C747F50 BUSINESS LICENSE CITY OF LAKE ELSINORE This business license is issued for revenue purposes only and does not grant authorization Administrative Services-Licensing to operate a business. This business license is issued without verification that the holder is 130 South Main Street, Lake Elsinore, CA 92530 subject to or exempted from licensing by the state,county,federal government,or any PH (951)674-3124 other governmental agency. Business Name: AAA RESTORATION INC. BUSINESS LICENSE NO. 021505 Business Location: 29850 2ND ST Business Type: GENERAL BUILDING CONTRACTOR LAKE ELSINORE,CA 92532-2420 Owner Name(s): KIRK MUNIO Description: GENERAL CONTRACTOR Issue Date: 5/1/2022 Expiration Date: 4/30/2023 AAA RESTORATION INC. 29850 2ND ST LAKE ELSINORE, CA 92532-2420 Starting January 1,2021,Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments.A full notice is available in English or other languages by going to:https://www.dca.ca.gov/publications/ TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE