HomeMy WebLinkAboutBERG & ASSOCIATES, INC.INSURANCE NOT ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
DATE:
A-2023-051
N P'IRS 'IAMENDMENT'I'O AGREEMENT WITH BERG & ASSOCIATES. INC..
TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR
M SR-55 / RITCHEY IMPROVEMENT PROJECTS
0
�- THIS FIRST AMENDMENT to the above -referenced agreement is entered into on April 4,
c¢ 2023, by and between Berg & Associates, Inc. ("Consultant"), and the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California ("City").
fj •�%w�(�la�j� ie� ri.rn) RECITALS
A. Following City's issuance of Request for Proposal No. 21-066, the parties entered into
Agreement No. A-2021-212, dated November 2, 2021, by which Consultant agreed to
provide Construction Management and Inspection Services for the SR-55 / Ritchey
Improvement Projects (Ritchey St Water Main Relocation Project No. 19- 6438, SA-7
Pressure Reducing Station Relocation Project No. 19- 6439 and SR-55 Water Crossing
Relocation Project No. 19- 6440) for the City's Public Works Agency ("Agreement").
B. The Agreement is current and in effect through November 1, 2024.
C. The parties now wish to amend the Agreement to increase the not to exceed amount
under the Agreement due to unanticipated challenges during the construction phase of the
project.
The Parties therefore agree:
1. Section 2.a., Compensation, is amended to increase the not to exceed amount by
$900,000. This sum is comprised of (1) a $780,000 increase to the base amount and (2) an
approximate 15% contingency increase in the amount of $120,000 for additional services at
the City's sole discretion. The total not to exceed amount for the remainder of the term of the
Agreement shall be $1,900,000.
2. Except as modified by this First Amendment, and all prior amendments, all terms and
conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the
Agreement on the date and year first written above.
all r
City Clerk
Kristine Ridge
City Manager
[signatures continued on nextpage/
APPROVED AS TO FORM
SONIA R. CARVALHO, City Attorney
By:
B n Salvatierra
Deputy City Attorney
FOR APPROVAL
Nabil Saba
Executive Director
Public Works Agency
CONSULTANT
Name: Alicia Berg
Title: Director of Research/Development
�?Ra' CERTIFICATE OF LIABILITY INSURANCEra
3
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON T I iVL%h �HtJNJ'
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAG i� Tf�l�-}L11Ct 0
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 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).
CONTPRODUCER 951-656-2409 951-281-3900 NAME: Patrick McCarry
McCarry Insurance Services Lic. OD20867 PH No Ext: 951-656-2409 Arc No:951-281-3900
19510 Van Buren Blvd. E-MAIL pmccarry@yahoo.com
Ste. F3-142 INSURER(S) AFFORDING COVERAGE NAIC #
INSURED 310-548-9292 310-548-9195 INSURERS: Security National Insurance Company 19879
Berg & Associates, Inc. INSURER C :
INSURERD: StarStone National Insurance Co. 25496
302 W. 5th Street, Suite 210 INSURERE: U.S. Specialty Insurance Com an 29599
San Pedro CA 90731 INSURERF:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 03
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
LTR
ADDL
INSR
SUER
WVD POLICY NUMBER
POLICY EFF
MMIDDIYYYY
POLICY EXP LIMITS
MMIDDIYYYY
GENERAL LIABILITY
EACH OCCURRENCE
$ 1 000 000
A ✓ COMMERCIAL GENERAL LIABILITY
DA AGE To RENTE
PREMISES (E. occcur ence)
$ 500 000
CLAIMS -MADE �✓ OCCUR
BLW (24) 60987836
03/01/2023
03/01/2024 MED EXP (Any one person)
$15 000
$ 1 000 000
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
$ 2 000 000
✓ POLICY PRO- LOC
$
AUTOMOBILE LIABILITY
SPP 1808450-00
03/01/2023
CMINED
03/01/2024 EaaccdentSINGLELIMIT
1 000 000
B ✓ ANY AUTO
BODILY INJURY (Per person)
$
ALL OWNED SCHEDULED
BODILY INJURY (Per accident)
$
AUTOS AUTOS
NON -OWNED
PROPERTY DAMAGE
$
HIRED AUTOS AUTOS
Peraccident
Medical
$ 5 000
UMBRELLA LIAB OCCUR
EACH OCCURRENCE
$
EXCESS LIAB CLAIMS -MADE
AGGREGATE
$
DED RETENTION $
$
WORKERS COMPENSATION
✓ WC
U- OT
AND EMPLOYERS' LIABILITY YIN
03/01/2023
LAM ER
03/01/2024
ANY PROPRIETOPJPARTNER/
D OFFICERIMEMBER EXCLUDED? ECUTIVE �
NIA
T 10231022
E.L. EACH ACCIDENT
$ 1 0OO OOO
$ 1 000 000
(Mandatory in NH)
E.L. DISEASE - EA EMPLOYEE
yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$ 1 000 000
Liability each claim: $1,000,000
E Professional Liability
USS 23 33614
03/01/2023
03/01/2024 Aggregate: $2,000,000
DESCRIPTION OF OPERATIONS J LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Re: Ritchey Improvement Projects No. 19-6438, 19-6439, 19-6440
Attachments: GL Extension CG8810 0413, Primary & NIC 2001-0413
Risk Management Division
20 Civic Center Plaza
Santa Ana, CA 92702
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
O 1988-2010 ACORD CO
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
REskMwwgmwrkl:'DEvIiiiIi ►
REVIEWED & APPROVED Br
'-2 Risk Management Analyst
COMMERCIAL GENERAL LIABILITY
CG88100413
kin IRE4kiIkre t*34IT, IWkMe] T\ILei fago1:8 7*11111Ca'm0*11elk K01104111�'�
COMMERCIAL GENERAL LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SUBJECT
PAGE
NON -OWNED AIRCRAFT
2
NON -OWNED WATERCRAFT
2
PROPERTY DAMAGE LIABILITY - ELEVATORS
2
EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage)
2
MEDICAL PAYMENTS EXTENSION
3
EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B
3
ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT
3
PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION
5
ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE"
6
WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN
INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES
6
NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
7
FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
7
KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
7
LIBERALIZATION CLAUSE
7
BODILY INJURY REDEFINED
7
EXTENDED PROPERTY DAMAGE
8
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -
8
iTJ 0 11i•11111110*4_11IIll 0471 I«o7i•III III 7T+41&QrNTLIS4 4 IT,]41kiTT/iInWfell
AownH RiskM=%wmADivisdns►
REVIEWED & APPRovED Br
Q 2013 Liberty Mutual Insurance
,. , ;
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission Risk Management Analyst
With respect to coverage afforded by this ondonsomont, the provisions of the policy apply un|000 modified by
the endorsement.
A. NON -OWNED AIRCRAFT
Under Paragraph 2. Exclusions of Section | -Covennge A-Bodi|y Injury And Property Damage Liabi|ity,
exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided:
1. |tisnot owned by any insured;
2. It is hirod, chartered or loaned with atrainod paid crow;
3. The pilot in command holds eourront|y effective oodifioato, issued by the duly constituted authority of
the United States of America or Cenade, designating her or him aoommonoia| or airline pilot; and
4. It is not being used to carry persons or property for acharge.
Howovor, the insurance afforded by this provision does not apply if there is available to the insured other
valid and collectible inounanoo, whether primary. ox0000 (other than insurance written to apply specifically
in ox0000 of this po|icy), contingent or on any other baoia, that would also apply to the |000 covered under
this provision.
B. NON -OWNED WATERCRAFT
Under Paragraph 2Exclusions | �wv�rag�^� Bodily Damage �imbi|ity,
. - - ^
Subparagraph (2) of exclusion g.Aircrmft, Auto Or Watercraft is nop|aood by the following:
This exclusion does not apply to:
(2) Awatoncnek you do not own that is:
(m) Less than 52feet long; and
� (b) Not being used to carry persons or property for aohargo.
C. PROPERTY DAMAGE LIABILITY -ELEVATORS
1. Under Paragraph 2. Exclusions of Section | -Covensge A -Bodily Injury And Property Damage Liabil-
ity, Subparagraphs (3). (4) and (G) of exclusion j. Damage To Property do not apply if such "property
damage" results from the use of elevators. For the purpose of this proviaion, elevators do not include
vehicle lifts. Vehicle |iko are |iKa or hoists used in automobile service or repair operations.
2. The following is added to Section |V - Commercial General Liability Conditions, Condition 4. Other
Insurance, Paragraph b.Excess Insurance:
The insurance afforded by this provision of this endorsement is oxc000 over any property inaunenoe,
whether primary, oxooaa, contingent or on any other basis.
O. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage)
�
n If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part:
1. Under Paragraph 2.Exclusions wfSection |- Coverage A - Bodily Injury and Property Damage Liability:
a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow-
ing:
�
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage
by Dno. lightning, oxp|oaion, smoke. or leakage from an automatic fire protection system) to:
(i) Premises rented to you for apohod of7orfewer consecutive days; or
(ii) Contents that you rent or |oaoo as part ofepremises rental or |oaoo agreement for aporiod of
more than 7deya.
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of
premises rented to you for apehod of 7mfewer consecutive days.
A separate limit of insurance applies to this coverage as doaohbod in
Insurance.
REVIEWED &APPRovED Br
Q 2O13LibeMyMutual Insurance ru"wA*��
CG88 10 04 13 Includes copyrighted material ofInsurance Services Office, |no..with its permission �-~=�~=� mm.Management x"w5t[�
b. The last paragraph of subsection 2.Exclusions iereplaced bythe following:
Exclusions w. through In. do not apply to damage by Une. lightning, oxp|ooion, smoke or leakage
from automatic fire protection systems to premises while rented to you or temporarily occupied by
you with permission of the owner. Aaoparato limit of insurance applies to Damage To Premises
Rented To You as described in Section ||| -Limnito Of Insurance.
2. Paragraph Gi under Section U| -Kjmkm Of Insurance is replaced by the following:
6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will
pay under Coverage Afor damages booeuoo of "property damage" to:
a. Any one premise:
(1) While rented to you; or
(2) While rented to you or temporarily occupied by you with permission of the owner for
damage by fire, |ightning, oxp|ooion, smoke or |oekego from automatic protection sys-
tems; or
b. Contents that you rent or |oaoo as part ofepremises rental or |oaoo agreement.
3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO
YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following:
9.m Aoontrect for e|oeao of premises. However, that portion of the contract for a|oeao of premises
that indemnifies any person or organization for damage by fire, lightning, oxp|ooion, smoke, or
leakage from automatic fire protection systems to premises while rented to you or temporarily
occupied by you with the permission of the ownor, or for damage to contents of such premises
that are included in your premises rental orlease agreement, is not an "insured contract".
E. MEDICAL PAYMENTS EXTENSION
If Coverage C01edica| Payments is not otherwise excluded, the Medical Payments provided by this policy
are amended as follows:
Under Paragraph 1. Insuring Agreement of Section |-Cwverage C-Medical Payments, Subparagraph
(b) of Paragraph a. is replaced by the following:
(b) The expenses are incurred and reported within three years of the date of the accident and
F. EXTENSION OFSUPPLEMENTARY PAYMENTS -COVERAGES A AND
1. Under Supplementary Payments -CoveragemAand B.Paragraph 1.b. is replaced bythe following:
b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising
out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have
to furnish these bonds.
2. Paragraph 1d. is ropdeood by the following:
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or
defense of the claim or "aud", including actual |oaa of earnings up to $500 aday because of time
off from work.
G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT
1. Paragraph 2. under Section U -VVho Is An Insured is amended to include as an insured any person or
organization whom you have agreed to add as an additional insured in a written oontnact, written
agreement or permit. Such person or organization is an additional insured but only with respect to
liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole
or in pad by:
a. Your acts or omissiono, or the ado or omissions of those acting on your behalf, in the performance
of your on going operations for the additional insured that are the subject of the written contract or
written agreement provided that the "bodily injury" or "property damage" 000um. or the "per-
sonal and advertising injury" is committed, subsequent to the signing of
written agreement; or
REVIEWED &APPRovED Br
Q 2O13Liberty Mutual Insurance ru"wA*��
CG88 10 04 13 Includes copyrighted material ofInsurance Services Office, |no..with its permission �-~=�~=� mm.Management x"w5t
b Premises or facilities rented by you or used by you; or
c. The mainionanoo, operation or use by you of equipment rented or |oaeod to you by such person or
organization; or
d. Operations performed by you or on your behalf for which the state or political subdivision has
issued eponnd subject to the following additional provisions:
(1) This insurance does not apply to "bodily injury", "property damage". or "personal and ad-
vertising injury" arising out of the operations pedbnnod for the state or political subdivision;
----- (2) This insurance does not apply to "bodily injury" or "property damage" included within the
.
~~~~� oomp|otod operations hazard".
(3) Insurance applies to premises you mmn, nent, or control but only with respect tothe following
hazards:
----- (a) The oxiatonco, mainionanoo, nopair, coneiruotion, orootion, or removal of advertising
eigne, awnings, manopioo, oo||ar ontrancoo, coal ho|oa, dhvowaya, manholes, marquees,
hoist away oponings, sidewalk vau|to, street bannons, or decorations and similar expo-
sures; or
(b) The construction, erection, or ofo|ovatom�. or
. .
(c) The ownorehip, mainhenanoo, or use of any elevators covered by this insurance.
Nmmovor:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
2. If coverage provided to the additional insured is required by aoontnact or agreement, the insur-
ance afforded to such additional insured will not be broader than that which you are required by
� the contract or agreement to provide for such additional insured.
With respect to Paragraph 1.a. abovo, a poroon'o or organioahon'o status as an additional insured
under this endorsement ends when:
(1) All work, including materia|a, parts or equipment furnished in connection with such vvork, on
the project (other than sorvice, maintenance or repairs) to be pedbnnod by or on behalf of the
additional insured(s) at the location ofthe covered operations has been completed; or
(2) That portion of "your work" out of which the injury or damage eh000 has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for eprincipal eoepart ofthe same project.
With respect to Paragraph 1.b. above, a peroon'o or organization's status as an additional insured
under this endorsement ends when their vvhUon contract or vvhUon agreement with you for such
premises or facilities ends.
With respects to Paragraph 1.w.above, this insurance does not apply to any "occurrence" which takes
place after the equipment rental or |oeao agreement has expired or you have returned such equipment
to the lessor.
The insurance provided by this endorsement applies only if the written contract or written agreement
is signed prior to the "bodily injury" or "property damage".
We have no dub/ to defend an additional insured under this endorsement until we r000vo written
notice ofe~oud" by the additional insured as required in Paragraph b. of Condition 2. Duties In the
Event Of C>ccurrenwe, Offense, Claim Or Suit under Section |V -Commnercia| General Liability Condi-
tions.
REVIEWED &APPRovED Br
Q 2013Liberty Mutual Insurance
CG88 10 04 13 Includes copyrighted material ofInsurance Services Office, |nu.with its permission
2. With respect to the insurance provided by this endorsemont, the following are added to Paragraph 2.
Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability:
This insurance does not apply to:
a. "Bodily injury" or "property damage" arising from the mdo negligence of the additional insured.
b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the
location where such "bodily injury" or "property damage" occurs.
c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render-
ing of, or the failure to render, any professional archKoctura|, engineering or surveying services,
including:
(1) The propahng, approvng, or failing to prepare or approve, mapo, shop drawings, opinions,
reports, surveys, field orders, change orders or drawings and specifications; or
(2) Suporvieory, inopochon, architectural or engineering activities.
This exclusion applies oven if the claims against any insured allege negligence or other wrongdoing in
the euporviaion, hihng, employment, training or monitoring of others by that inaured, if the "occur-
rence" which caused the "bodily injury" or "property damage", or the offense which caused the
"personal and advertising irjury", involved the rendering of, or the failure to rendor, any professional
architectural, engineering or surveying services.
d. "Bodily injury" or "property damage occurring after:
(1) All work including metoha|o, 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 ofthe covered operations has been completed; or
(2) That portion of "your work" out of which the injury or damage eh000 has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for eprincipal eoepart ofthe same project.
e. Any person or organization specifically designated as an additional insured for ongoing operations
by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is-
sued by us and made apad of this policy.
3. With respect to the insurance afforded to these additional inourodo, the following is added to Section |||
-Limnito Of Insurance:
If coverage provided to the additional insured is required by eoontre(t or agreement, the most we will
pay on behalf of the additional insured is the amount of insurance:
a. Required by the contract or agreement; or
b. Available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Ooo|ereUo no.
H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION
This provision applies to any person or organization who qualifies as an additional insured under any form
or endorsement under this policy.
Condition 4. Other Insurance of SECTION M/ -COK0K0ERCLAL GENERAL LIABILITY CONDITIONS is emonded as follows:
-
a. The following is added to Paragraph a. Primary Insurance:
If an additional insured's policy has an Other Insurance provision making its policy excess, and you
have agreed inawritten contract or written agreement to provide the additional insured coverage on
primary and noncontributory baeis, this policy shall be primary and we will not seek contribution from
the additional inounod'o policy for damages we cover.
REVIEWED &APPRovED Br
Q 2013Liberty Mutual Insurance
CG88 10 04 13 Includes copyrighted material ofInsurance Services Office, |nu.with its permission
b The following is added to Paragraph bExcess Insurance:
When a written contract or written agnoomont, other than apromieoa |oaso, facilities rental contract or
agreement, an equipment nonia| or |oaeo contract or agnoomont, or permit issued by aetato or political
subdivision between you and an additional insured does not require this insurance to be primary or
primary and non-oonthbutory, this insurance is oxooaa over any other insurance for which the addi-
tional insured is designated aoaNamed Insured.
Regardless of the written agreement between you and an additional inaured, this insurance is oxc000
over any other insurance whether primary, oxooaa, contingent or on any other basis for which the
----- additional insured has been added as an additional insured on other policies.
i ADDITIONAL INSUREDS -EXTENOEO PROTECTION OF YOUR "LIMITS OF INSURANCE"
This provision applies to any person or organization who qualifies as an additional insured under any form
or endorsement under this policy.
1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit:
An additional insured under this endorsement will as soon as practicable:
a Give written notice ofen"000urronoo" orenof�»noo that may result in eo|aim or "suit" under
.
----- this insurance to us;
.
~~~~� b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have
insurance available to the additional insured; and
c. Agree to make available any other insurance which the additional insured has for a|000 we
cover under this Coverage Part.
d. We have no duty to defend or indemnify an additional insured under this endorsement until
we receive written notice ofa"ouit" by the additional insured.
2. The limits of insurance epp|ioeb|o to the additional insured are those opooiDod in ewritton contract
or written agreement or the limits of insurance as stated in the Declarations of this policy and
defined in Section ||| - Limits of Insurance of this po|ioy, whichever are |000. These limits are
inclusive of and not in addition to the limits of insurance available under this policy.
J. WHO |GANINSURED -INCIDENTAL MEDICAL ERRORG/K0ALPRACT|CE
WHO |GANINSURED - FELLOW EMPLOYEE EXTENSION -K8ANAGEK8ENT EMPLOYEES
Paragraph 2.m.(1) of Section || -Who Is An Insured is rop|eood with the following:
(1) "Bodily injury" or "personal and advertising injury":
(a) To you, to your partners mmembers (if you are a partnership mjoint venture), to your members (if
you are a limited liability oompany), to aco-"»mp|oyeo" while in the course of his or her employ-
ment or performing duties related to the conduct of your busineso, or to your other "volunteer
workers" while performing duties related to the conduct of your business;
(b) To the apouoo, chi|d, peront, brother or sister of that co -"employee" or "volunteer worker" as
consequence of Paragraph (1)(m)above;
(w) For which there is any obligation to share damages with or repay someone o|oo who must pay
damages because of the injury described in Paragraphs (1) (a) or above; or
(d) Arising out of his or her providing or failing to provide professional health care services. Hmwover,
if you are not in the business of providing professional health care services or providing profes-
sional health care personnel to othons, or if coverage for providing professional health care ser-
vices is not otherwise excluded by separate ondomement, this provision (Paragraph (d))d000 not
apply.
Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by
an "employee" who is acting in eauporvoory capacity for you. Supervisory capacity as used herein means
the "employee's" job responsibilities assigned by you, includes the direct ouporvio
-_- of
advertising injury" arising out oftheir willful conduct, which is defined aathe purposeful or willful intent to
cause "bodily injury" or "personal and advertising irjury", or caused in whole or in part by their inioxoa-
Thocovorago provided by provision J.ieexcess over any other valid and collectable insurance available to
your "employee".
Paragraph 3\ of Section U -Who Is An Insured is ropdeood by the following:
3. Any organization you newly acquire or form and over which you maintain ownership or majority
interest, will qualify as a Named Insured if there is no other similar insurance available to that
organization. However:
a. Coverage under this provision is afforded only until the expiration of the policy period in
which the entity was acquired or formed by you;
b. Coverage Ad000 not apply to "bodily injury" or "property damage" that occurred before you
acquired or formed the organization; and
c. Coverage B does not apply to "personal and advertising injury" arising out of an offense
committed before you acquired or formed the organization.
d. Records and descriptions of operations must be maintained by the first Named Insured.
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 eoaNamed Insured in the Declarations or qualifies
eoeninsured under this provision.
L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
Under Section P8-Commercial General Liability Condbionm, the following is added to Condition G.Repm+
Your failure to disclose all hazards or prior "000un*n000" existing eoofthe inception date ofthe policy
oheU not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or
prior "occurrences" is not intentional.
M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM 0RSUIT
Under Section P8-Commercial General Liability Condbionm, the following is added to Condition 2.Dudem
In The Event of Occurrence, Offense, Claim Or Suit:
Knowledge of an "occunenoo", ofkeneo, claim or "suit" by an agont, sonxard or "employee" of any
insured shall not in itself constitute knowledge of the insured un|000 an insured listed under Paragraph
1.ofSection ||- Who |oAnInsured oraperson who has been designated bythem toreceive reports of
"occurrenooe", ofensoo, claims or "suits" shall have n000ivod such notice from the agent, servant or
N. LIBERALIZATION CLAUSE
If we revise this Commercial General Liability Extension Endorsement to provide more coverage without
additional premium ohargo, your policy will automatically provide the coverage as of the day the revision is
effective in your state.
UndorSecdon\y-Defnidwnm. Definition 3.isreplaced bythe following:
3\ "Bodily Injury" means physical injury, oiokn000 or disease sustained by eponson. This includes
mental enguioh, mental injury, shock, fright or death that roouKe from such physical injury, sick-
ness ordisease.
REVIEWED &APPRovED Br
Q 2013Liberty Mutual Insurance
CG88 10 04 13 Includes copyrighted material ofInsurance Services Office, |nu.with its permission
P. EXTENDED PROPERTY DAMAGE
Exclusion a. ofCOVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the
following:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of
reasonable force to protect persons or property.
Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS T0US-WHEN REQUIRED IN A
CONTRACT OR AGREEMENT WITH YOU
Under Section |V -Commnernia| General Liability Cond1tionm, the following is added to Condition A. Trans-
fer Of Rights Of Recovery Against Others To Um:
~~~~� We waive any right of recovery we may have against aperoon or organization because of payments we
make for injury or damage arising out of your ongoing operations or "your work " done under a
contract with that person or organization and included in the "pnodude-oomp|ehod operations hazard"
provided:
1. You and that person or organization have agreed in writing in aoontnact or agreement that you
waive such rights against that person or organization; and
2. The injury or damage 000une subsequent to the execution of the written contract or written agree-
ment.
REVIEWED &APPRovED Br
Q 2013Liberty Mutual Insurance
CG88 10 04 13 Includes copyrighted material ofInsurance Services Office, |nu.with its permission
COMMERCIAL GENERAL LIABILITY
THUS ENDORSEMENT CHANGES THE POLICY. PLEASE READ U[CAREFULLY.
This endorsement modifies insurance provided under the following:
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary toand will not seek
contribution from any other insurance avail-
able to an additional insured under your poli-
cy provided that
(1) The additional insured is a Named In-
sured under such other insurance; and
SIR
CQ You have agreed in writing in ocontnac
or agreement that this insurance would
be primary and would not aoekconthbu-
tion from any other insurance available
tothe additional insured.
REVIEWED &APPRovED Br
CG 20 01 04 13 @ Insurance Services Office, Inc., 2012