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PROOF OF INSURANCE (2024) CLOSEDHARDY&HARP JEANA CERTIFICATE OF LIABILITY INSURANCE � � DATE (MM/D2023 DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT a/c°, No, Ext : (949) 553-9800 AA/�c No ;(949) 553-0670 The Wooditch Company Insurance Services, Inc. 1 Park Plaza, Suite 400 INSURERS AFFORDING COVERAGE NAIC 9 Irvine, CA 92614 INSURER A: BITCO General Insurance Cor oration 20095 . ......_..... INSURED INSURER B: Great American Ins. Co. 16691 INSURERC: Hardy & Harper, Inc. INSURER. D : INSURER E 32 Rancho Circle Lake Forest, CA 92630 ' INSURERF: nf1VP PAr. (r-PTIIFItATF NI IR RVA- REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP' LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000'. CLAIMS -MADE [X] occuR X X CLP3726116 4/75/2023 4/15/2024 DAMAGE TI RENTED MED EXP An onER020 $ 100,000' 5,006 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GLEN'L AGGREGATE LIMIT APPLIES PER: POLICY L� i j CT LOC _ PRODUCTS.-COMP/OPAGG $ 2,000,000 -OT'HFW _5 A AUTOMOBILE LIABILITY COMBINE.O ShNGLE IL14rUtT $ 1,000,000 BODILY INJURY Per person) X ANY AUTO X X CAP3726117 4/15/2023 4/15/2024 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident) $ yy ��yy X AUTOS ONLY X ALN'V608 PerO� �Y t AMAGE $ $ B UMBRELLA LIAB X OCCUR EACH OCCURRENCE 1,000,0001 X EXCESS LIAR CLAIMS -MADE TUE4369837 01 4/16/2023 4/15/2024 n GRE ATE $ 1,000,000 DED X RETENTION $ A w ORKERS COMPENSATION ANDEMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y i 'FFICEr"�'I+IEMBER EXCLUDED? aavda ory In NH) N / A X C3726115 4/15/2023 4/15/2024 X PER OTH- 913 E L EACH ACCIDENT. _ 1,000,000.. E.L.. DISEASE - EA EMPLOYE.: "-"- 1,000,000 E.L.. DISEASE. POLICY LIMIT $ 11000,000 If yes, describe under !DESGRIPTtON OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ACORD 1IIf, Additional Remarks Schedlula, may be aftebad If more space Is m ulred) RE: H&H Job #23644; City Job PW 23-01; FY 2 /24 Pavement Rehabilitation Project, El Segundo, CA. gl'aipwwv�auaipwv/wcwv The City of El Segundo, its officers, officials, employees, agents, and volunteers are included as Additional Insureds as respects General Liability and Auto Liability per attached endorsements. This insurance shall apply as Primary and Non -Contributory per attached endorsement. Waiver of Subrogation for General Liability, Auto Liability and Workers' Compensation: See Attached Endorsements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of El Segundo THE EXPIRATION DATE THEREOF, NOTICE WILL BE tY 9 ACCORDANCE WITH THE POLICY PROVISIONS. DELIVERED IN 350 Main Street El Segundo, CA 90245 - AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: HARDY&HARP JEANA _. _. LOC #: 1 Aw ADDITIONAL REMARKS SCHEDULE �. Page 1 of m1 AGENCY NAMED INSURED Hardy & Har, er Inc. _. 32 Rancho Girc�0 POLICY NUMBER Lake Forest, CA 92630 EE PAGE 1 CARRIER NAIC CODE PEE PAGE 1 SEE P 1 EFFECTIVE DATE: GE AUUI I IUIVAL THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 6 FORM TITLE: Certi cat e of LiebilitY Insurance Cancellation: *Except 10 days notice of Cancellation for non-payment of premium. *Should this policy be cancelled before the expiration date, The Wooditch Company will mail 30 (thirty) days written notice to those Certificate Holders which require such action per contract or agreement.* ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserves. The ACORD name and logo are registered marks of ACORD BITCO General Insurance Corporation BITCO National Insurance Company This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds' under the Who Is An Insured Provision of the Coverage Form This endorsement does not alter coverage provided in the Coverage Form This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. SCHEDULE Name of ftwn(s) or Orgar ization(s): WHERE REQUIRED BY AN EXECUTED WRITTEN CONTRACT (If no entry appears above, information required to oomplete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured' for Liability Coverage, but only to the extent that person or organization qualifies as an "insured' under the Who Is An Insured Provision contained in Section II of the Coverage Form If the person or organization shown in the schedule qualifies as an "insured' for Liability Coverage, and they have coverage as a first -named insured under another policy, this policy is primary to and non-contributory with that other insurance. All other tem-s, conditions, and exclusions apply. Named Insured: HARDY & HARPER, INC. Policy Number: CAP 3 726 117 Endorsement No.: Policy Period: 04 -15 - 23 to 04 -15 - 24 Endorsement Effective Date: Producer's Name: THE WOODITCH COMPANY, INS. SERVICES, INC Producer Number: 0006473 AA-5338 (01/22) CA044410 74S ENDORSEMENT CHANGES THE PO(JCY PLEASE READ rr CAREFULLY WAIVER OF TRANSFER OF R1GHTS OF FEMVERY AGAINST "`+ S (WAIVER OF StJBFX)GA110N) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRI ER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: HARDY & HARPER, INC. EndOrSerY�nt Effective I[Me: 0 4/ 15 / 2 0 2 3 Names) Of Person(s) Or Organimtion(s): ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED IS OPERATING UNDER WRITTEN CONTRACT WHEN SUCH CONTRACT REQUIRES A WAIVER OF SUBROGATION. Information reauired to cornolete this Schedule, if not shown above, will be shown in the Declarations. CA04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY #CLP3726116 O0 _0 a This endorsement modifies insurance provided under the following: It is agreed that the provisions listed below apply only upon the entry of an OX in the box next to the caption of such provision. A OX Partnership and Joint Venture Extension N. OX Construction Project General Aggregate Limits B. FIX Contractors Automatic Additional Insured Coverage — Ongoing Operations C. F Automatic Waiver of Subrogation D. 0 Extended Notice of Cancellation, Nonrenewal E. X Unintentional Failure to Disclose Hazards F. Broadened Mobile Equipment G. OX Personal and Advertising Injury - Contractual Coverage H. 0 Nonemployment Discrimination I. OX Liquor Liability J. [ Broadened Conditions K 0 Automatic Additional Insureds — Equipment Leases L 0 Suits Against Dredges and Barges M. 0 Insured Contract Extension - Railroad Property and Construction Contracts O. OX Fellow Employee Coverage P. Ffl Property Damage Liability - Elevators Q OX Care, Custody or Control R. [ Electronic Data Liability Coverage S. EKI Consolidated Insurance Program Residual Liability Coverage T. [ Automatic Additional Insureds —Managers or Lessors of Premises U. F7X Automatic Additional Insureds — State or Govemmental Agency or Political Subdivisions — Permits or Authorizations V. OX Contractors Automatic Additional Insured Coverage — Completed Operations W. 0 Additional Insured —Engineers, Architects or Surveyors The following provision is added to SECTION II - WFIO IS AN INSURED : The last full paragraph which reads as follows: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. GL-3086 (10/19) -1- POLICY #CLP3726116 is deleted and replaced with the following: With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member, you are an insured, but only with respect to liability arising out of 'your work' on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability insurance is available to you for'your work' in connection with your interest in such partnership or joint venture. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in Wide or in part, by. 1. Your acts or omissions; or 2 The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the project(s) designated in the written contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after: Al work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of 'your vork' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. C. AUTOMATIC WAIVER OF SUBROGATION Item 8. of SECTION IV - COWM70AL ORAL LIABILITY CONDMONS , is deleted and replaced with the following: 8. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation. a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. Al our request, the insured will bring "suit' or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive ary right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of 'your work' for that person or organization. GL-3086 (10/19) -2- POLICY #CLP3726116 Item Alh of the COAMVION POLICY CONDMONS , is deleted and replaced with the following: Alb. 60 days before the effective date of the cancellation if vwe cancel for any other reason. Item 9. of SECTION IV - COI'kIMtAL GENERAL. LIABILITY CONDMONS, is deleted and replaced with the following: 9. WHEN WE DO NOT RENEW a If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a above, it is agreed that you may extend the period of this policy for a maximum additional sixty (60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will ren-dn in effect during that extension period. It is further agreed that so long asit is not otherwise prohibited by law, this one time sib day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9. a above. E LIMNTBVIIONAL FAILURE TO DISCLOSE HAZARDS Although ve relied on •,ur representations as tw existing and • hazards, • • • rl „ • disclose • . • - Hwy • ate • policy,q will not deny coverage under Coverage Form because of r Item 12b. of SECTION V - DEFINITIONS , is deleted and replaced with the following: 12b. Vehicles maintained for use solely on or next to premises, sites or locations you own, rent or occupy. Q PERSONAL AND ADVEFTIISING INJURY- CONTRACTUAL COVERAGE Exclusion 2a of SECTION I, COVERAGE B is deleted. Unless "personal and advertising injury" is exduded from this policy: Item 14. of SECTION V - DEFINRIONS , is amended to include: "Personal and advertising injury" also means embarrassment or humiliation, mental or emotional distress, physical illness, physical impairment, loss of earning capacity or monetary loss, which is caused by "discrimination." SECTION V- DEFINRIONS , is amended to include: "Discrimination" means the unlawful treatment of individuals based on race, color, ethnic origin, age, gender or religion. GL-3086 (10/19) -3- POLICY #CLP3726116 Item 2 Exclusions of SECTION I, COVERAGE B , is amended to include: "Personal and advertising injury' arising out of "discrimination" directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured; "Personal and advertising injury" arising out of "discrimination" by or at your, your agents or your "employees" direction or with your, your agents or your "employees" knowledge or consent; "Personal and advertising injury' arising out of "discrimination" directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any dwelling, permanent lodging or premises by or at the direction of any insured. Fines, penalties, specific performance or injunctions levied or imposed by a governmental entity, or governmental code, law, or statute because of "discrimination." I. LICAM LIABILITY Exclusion 2a of SECTION I, COVERAGE A , is deleted. Items 2a and 2b. of SECTION IV - CONRUICIAL GENERAL LIABILITY COMMONS, are deleted and replaced with the following: 2 Duties In The Event Of Occurrence, Offense, Claim Or Suit: a You must see to it that we are notified of an "occurrence" or an offense which may result in a claim as soon as practicable after the "occurrence" has been reported to you, one of your officers or an "employee" designated to give notice to us. Notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Record the specifics of the claim or "suit" and the date received as soon as you, one of your officers, or an "employee" designated to record such information is notified of it; and (2) Notify us in writing as soon as practicable after you, one of your officers, your legal department or an "employee" you designate to give us such notice learns of the claims or "suit." Item 2e. is added to SECTION IV - 0OR&IIERCIAL GENERAL LIABILITY COIDTIIONS 2e. If you report an "oocurrenoe"' to your workers compensation insurer which develops into a likability claim for which coverage is provided by the Coverage Rym, failure to report such "occ urrenoe" to us at the time of "occurrence" shall not be deemed in violation of paragraphs 2a, 2b., and 2c. However, you shall give written notice of this "oocurrence" to us as soon as you are made aware of the fact that this "occurrence" may be a liability claim rather than a workers compensation claim. GL-3086 (10/19) -4- POLICY #CLP3726116 K AUTOMATIC ADDMONAL INSUREDS - EWPNENT LEASES SECTION II - WHO IS AN INSURED is amended to include any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional insured with respect to liability for "bodily injury', "property damage" or "personal and advertising injury caused, at least in part, by your maintenance, operation, or use by you of the equipment leased to you by such person or organization, suW to the following additional exclusions. The insurance provided to the additional insured does not apply to: "Bodily injury"or "property damage" occurring after you cease leasing the equipment. 2 "Bodily injury' or "property damage" arising out of the sole negligence of the additional insured. 3. "Property damage" to: a. Property owned, used or occupied by or rented to the additional insured; or b. Property in the care, custody or control of the additional insured or over which the additional insured is for any purpose exercising physical control. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-oontributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. `. i l 1, - - 10 `*l 9 1, => = CC,?. _ ► I � : _ ; ,eT�.� We agree that any "suit" in rem against any dredge or barge owned, operated by or for you, and used in your operations, shall in all respects be treated in the same manner as though the "suit" were against you. This coverage is excess over and above any specific insurance on any dredge or barge owned, operated by or for you, and used in your operations. Item 9. of SECTION V - DEFINITIONS , is deleted and replaced with the following. 9. "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'; b. A sidetrack agreement; Q Any easement or license agreement; d An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; GL-3086 (10/19) -5- POLICY #CLP3726116 f. 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 Mich you assume the tort liability of another party to pay for "bodily injury' or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insureds rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. N. CONSTRUCTION PROJECT GENERAL, AGGREGATE LIMITS This modifies SECTION III - LIMITS OF INSURANCE . A For all sums which can be attributed only to ongoing operations at a single construction project for Mich the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C : 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Lint shown in the Declarations. 2. The Construction Project General Aggregate Lint is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury' or "property damage" included in the "products -completed operations hazard," and for medical expenses under COVERAGE C regardless of the number of: a Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project Such payments shall not reduce the General Aggregate Lint shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Lint for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Lint shown in the Declarations, such lints will be subject to the applicable Construction Project General Aggregate Lint. GL-3086 (10✓19) -6- POLICY #CLP3726116 B. For all sums which cannot be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C : 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. Payments for damages because of "bodily injury' or "property damage" included in the "products - completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E The provisions of SECTION III - LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to be applicable. O. FELLOW EMPLOYEE COVERAGE Exclusion 2-e. Employers Liability of SECTION I, COVERAGE A, is deleted and replaced with the following: 2e. "Bodily injury' to (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insureds business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph (1) above. f This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an "insured contract'; or (2) Liability arising from arty action or omission of a co -"employee" while that co -"employee" is either in the course of his or her employment or performing duties related to the conduct of your business. Item 2.a. (1xa) of SECTION II - VVI-IO IS AN INSURED , is deleted and replaced with the following: 2a (1xa) To you, to your partners or members (if you are a partnership or joint venture) or to your members (if you are a limited liability company), or to your 'Volunteer workers" while performing duties related to the conduct of your business. GL-3086 (10/19) -7- POLICY #CLP3726116 P. PROPERTY DAMAGE LIABILITY- ELEVATORS "Properly damage" liability is changed as follows: 1. Exclusions 2j.(3) and 2j.(4) of SECTION I, COVERAGE A , do not apply to the use of elevators. 2. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis, and the OTHER INSURANCE condition is changed accordingly. Exclusion 2jA of SECTION I, COVERAGE A is deleted and replaced with the following: 2-j.4 Personal property in the care, custody or control of the insured. However, for personal property in the care, custody or control of you or your "employees," this exclusion applies only to that portion of any loss in excess of $25,000 per occurrence, sul�ect to the following terms and conditions; (a) The most that we will pay under this provision as an annual aggregate is $100,000, regardless of the number of occurrences. (b) This provision does not apply to "employee" owned property or any property that is missing Mere there is not physical evidence to show what happened to the property. (c) The aggregate limit for this coverage provision is part of the General Aggregate Limit and SECTION III - UNITS OF INSURANCE is changed accordingly. (d) In the event of damage to or destruction of property covered by this exception, you shall, if requested by us, replace the property or fumish the labor and materials necessary for repairs thereto, at actual cost to you, exclusive of prospective profit or overhead charges of any nature. (e) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization, including the loss of use of that property, as a result of each "occurrence." Our limit of liability under the endorsement as being applicable to each "occurrence" shall be reduced by the amount of the deductible indicated above; however, our aggregate limit of liability under this provision shall not be reduced by the amount of such deductible. The conditions of the policy, including those with respect to duties in the event of "occurrence," claims or "suit" apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of ary claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. R ELECTRONIC DATA LIABILITY COVERAGE A Exclusion 2p. of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY in SECTICN I — COVERAGES is replaced by the following: 2. Exclusions This insurance does riot apply to: p. Access Or Disclosure Of Confidential Or Personal Infommition And Data -Related Liability Damages arising out of: GL-3086 (10/19) -8- POLICY #CLP3726116 (1) Any access to or disclosure of arty person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury'. B. The following is added to Paragraph 2 EXCLUSIONS of SECTION I — COVERAGE B — PERSONAL ANDADNEHnSING INJURY UABILJTY: 2 Exclusions This insurance does not apply to: Access Or Disclosure Of Confidential Or Personal Infommation "Personal and advertising injury' arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. C. The following definition is added to Section V— DEFINTIONS : "PAVAMWA-ft WwVW, • s• • IV 000 W1 w •r. • • .i tw w vow•r• disks, CD-ROKAS, tapes, drives, cells, data processing devices or any other media Mich are used with electronically controlled equipment. D. For the purposes of this coverage, the definition of "property damage" in SECTION V— DEFINTIONS is replaced by the following: "Property damage" means: a Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or c. Loss of, loss of use of, damage to, corru� ption of, inability to , or 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. GL-3086 (10/19) -9- POLICY #CLP3726116 With respect to "bodily injury', "property damage", or 'personal and advertising injury' arising out of your ongoing operations; or operations included within the "products -completed operations hazard', the policy to Mich this coverage is attached shall apply as excess insurance over coverage available to `yogi' under a Consolidated Insurance Program (such as an Owner Controlled Insurance Program or Contractors Controlled Insurance Program). Coverage afforded by this endorsement does not apply to any Consolidated Insurance Program involving a "residential project" or any deductible or insured retention, specified in the Consolidated Insurance Program The following is added to Section V— Definitions "Residential project" means any project where 30% or more of the total square foot area of the structures on the project is used or is intended to be used for human residency. This includes but is not limited to single or multifamily housing, apartments, condominiums, townhouses, oo-operatives or planned unit developments and appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). A "residential project" does not include military owned housing, college/university owned housing or dormitories, long term care facilities, hotels, motels, hospitals or prisons. Al other term, provisions, exclusions and limitations of this policy apply. ' ��� 11 '_ � L �.�,�� �•► � ►+� i17�. 11 � ► � i� �,� ?.ti`� �� � i ri1711 `?.� SECTION II — VM IS AN INSURED is amended to include: Any person or organization with whom you agree in a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises, designated in the written contract or written agreement, that is leased to you and suW to the following additional exclusions: This insurance does not apply to: Any "occurrence" which takes place after you cease to be a tenant in that premises. 2 Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured listed in the written contract or Witten agreement. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. U. AUTOMATIC ADDITIONAL INSUREDS — STATE OR DOVE AL AGENCY OR POL MCAL SUBDIVISIONS— PERMTS OR AUTI•IORIZATIONS SECTION II — VNiO IS AN INSURED is amended to include any state or governmental agency or subdivision or political subdivision with whore you are required by written contract, ordinance, law or building code to name as an additional insured subject to the following provisions: This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. GL-3086 (10/19) -10- POLICY #CLP3726116 This insurance does not apply to: 1. "Bodily injury', "property damage" or "personal and advertising injury' arising out of operations performed for the federal government, state or municipality; or 2 `Bodily injury' or `property damage" induded within the "products -completed operations hazard'. This insurance is excess of all other insurance available to the additional insured, whether prirrEry, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-oontributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations, but only with respect to liability for "bodily injury' or "property damage" caused, in whole or in part, by 'Your work" at the project designated in the contract, performed for that additional insured and included in the "products -completed operations hazard". This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any architect, engineer or surveyor who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in Wide or in part, by: Your acts or omissions; or 2 The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. This includes such architect, engineer or surveyor, who may not be engaged by you, but is contractually required to be added as an additional insured to your policy. GL-3086 (10(19) -11- POLICY #CLP3726116 With respect to the insurance afforded to these additional insureds, the following additional exdusion applies: This insurance does not apply to 'bodily injury', "property damage" or "personal and advertising injury arising out of the rendering of or the failure to render any professional services, including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or 2 Supervisory, inspection or engineering services. This insurance is excess of all other insurance available to the additional insured, whether prinnry, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL-3086 (10/19) -12- BITCO GENERAL INSURANCE CORPORATION BITCO NATIONAL INSURANCE COMPANY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule WHEN REQUIRED BY WRITTEN CONTRACT. The premium charge for this endorsement is $ Named Insured HARDY & HARPER, INC. Policy Number Endorsement No, WC3726115 Policy Period 04/15/2023 to 04/15/2024 Endorsement Effective Date: 04/15/23 Producer's Name: The Wooditch Company Insurance Services, Inc. Producer Number: 70006473 AUTHORIZED REPRESENTATIVE DATE WC 99 03 15 (09/21)