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HomeMy WebLinkAboutABM BUILDING SOLUTIONS, LLC (4) A-2021-036-01 B MAYOR , CITY MANAGER Valerie Amezcua f. ! Alvaro Nunez MAYOR PRO TEM CITY ATTORNEY Benjamin Vazquez Sonia R.Carvalho COUNCILMEMBERS CITY CLERK Phil Bacerra Jennifer L. Hall Johnathan Ryan Hernandez " Jessie Lopez David Penaloza Thai Viet Phan CITY OF SANTA ANA INSURANCE ON FILL PUBLIC WORKS AGENCY WORK MAY PROCEED UNTIL INSURANCE EMPIRES 20 Civic Center Plaza+P.O.Box 1988 Santa Ana,California 92702 CITY CLERKWtivw.santa-ana-ora DATE: APR � 2025 P��: +��1 March 11, 2025 M i vl, w�z 0)ABM Building Solutions, LLC 14201 Franklin Ave. Tustin, CA 92780 Re: Second and Final Extension of Agreement A-2021-036-01 for Emergency HVAC Reaair Services Pursuant to Section 3 ("Term") of the above-referenced Agreement, entered into by ABM Building Solutions, LLC ("Contractor") and the City of Santa Ana, dated March 16, 2021, the time period of the Agreement is hereby further extended for an additional one (1)year period until March 31, 2026- Any insurance certificates are required to be extended and/or renewed to cover this extension.All other tenns and conditions of the Agreement remain unchanged and in full force and effect. Sincerely, a Nabil Saba, PE Executive Director, Public Works Agency CITY OF S TA AN ATTEST - tZs� Alvaro Nunez J ennifer L. 11 City Manager Ci APPROVED AS TO FORM CONTRACTOR ��,�p � �' ' ��" ` 03/12/2025 I,11s2 Nellesen By: Chan Onechanh Assistant City Attorney Title: Area General Manager SANTA ANA CITY COUNCIL Vafefie Amezcua Benjamin Vazquez Thai Viet Phan Jessie Lopez Phil Bacerra Johnathan Ryan Hernandez David Penaloza Mayor Mayor Pro Tem,Ward 2 Ward t Ward 3 Ward 4 Wani 5 Ward 6 vamezcuaCOTsanta-ana org hvaz0uez(0lsanta-ana.om Johan uC'tsanta-ana.ora iessielnae=santa-ana.oro phacen-aCdsanta-ana oro fryaohemandez(o?san[aana.om d®enalozar®sania-ana.ora Page 1 of 3 A16 � CERTIFICATE QF LIABILITY INSURANCE DATE(MMI/2024 11/o62oz4 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(los)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 CONTA WTw Certificate Center Willis mowersAME:Watson Southeast, Inc.Tnc. PHONE 1-877-945-7378 FAX 1-888-467�-237B a/o 26 Century Blvd AIC No P.O. Box 305191 E-MAIL certificates@wtwoo.com A MAIL Nashville, TN 372305191 USA INSURERS AFFORDING COVERAGE NAIC# INSURER A: ACE American Insurance Company 22667 INSURED INSURERB• ACE Property & Casualty Insurance Company 20699 ABM Building Solutions, LLC an ARM industries Incorporated company INSURERC: Indemnity Insurance Company of North Ameri 43575 4151 Aah£ord Dunwoody Road, Suite 600 INSURERD• Berkley .Assurance Company 39462 Atlanta, GA 30319 INSURER E: Federal Insurance Company 20281 INSURERF: AIG Spacialty Insurance Company 26883 COVERAGES CERTIFICATE NUMBER:W36171B69 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 ADD L SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYYI (MWDDIYYWI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR DAMAGE TORE TED 2,000,000 PREMISES Ea occurrence $ A X $1,000,000 STR MED EXP(Any one arson) $ Excluded X XCU Y Y XSL G48949757 11/01/2024 11/01/2025 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 6,000,000 X POLICY JPEOT F1LOC PRODUCTS $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 5,000,000 X ANY AUTO BODILY INJURY{Per parson) $ A OWNED SCHEDULED y y xSA 1111374311 11/01/2024 11/01/2025 BODILY INJURY(Per accident) $ X AUTOS ONLY AUTOS X HIRED Ix NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per acclden! $ B X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESSLIIAB CLAIMS-MADE Y X XEU G27910865 010 11/01/2024 11/01/2025 AGGREGATE $ 10,000,OOD DED I X RETENTION$ 0 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE I I ER C ANYPROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICERlMEMHEREXCLUDE07 No NIA Y WLR C72524804 11/01/2024 11/01/2025 (MandatorylnNH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 It yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Errors & Omissions PCAH-5025232-0724 07/01/2024 07/O1/2025 Per Claim $5,000,000 Aggregate 05,000,000 Retention $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space Is required) SEE ATTACHED APPROVED By Cynthia Mora:at-9-1 I'aft NOV 144 2924 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana Attn: Risk Management Division AUTHORIZED REPRESENTATIVE 20 Civic Center plaza Santa Ana, CA 92701 ©1988-2016 ACORD CORPORATION, All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ea 1D: 26730402 BATcx: 3693326 AGENCY CUSTOMER ID: _ LOC : ACC>RLO ADDITIONAL REMARKS SCHEDULE Rage 2 Of 3 AGENCY NAMEDINSURED Willis Towers Watson Southeast, Inc. ABM Building Solutions, LLC an ABM Industries Incorporated Company POLICY NUMBER 4151 Ashfoxd Dunwoody Road, Suite 600 See Page 1 Atlanta, GA 30319 CARRIER NAIC CODE See Page 1 See Page 1 I EFFECTIVE DATE:See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER' 25 FORM TITLE: Certificate of Liability Insurance Worksite Location: Various Facilities location in Santa Ana Description of Job: HVAC Services City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are included as Additional Insureds as respects General Liability and Automobile Liability (Umbrella follows Form) as required by written contract with the Named insured. If required by the written contract or agreement with said Additional Insured, this insurance shall be primary insurance to any other insurance available to said insured covering the same loss. Such other insurance available to said Additional Insured shall be excess to and non-contributing to this insurance. Waiver of subrogation applies in favor of Additional Insured as respects General Liability, Automobile Liability and Workers Compensation, where allowed by law, (Umbrella follows form) as required by written contract with the Named Insured. Umbrella/Excess policy applies excess of General Liability, Auto Liability and Employers Liability Policies. INSURER AFFORDING COVERAGE: Federal Insurance Company NAIC#: 20281 POLICY NUMBER: J06105798 EFF DATE: 11/01/2024 EXP DATE: 11/01/2025 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Crime/Employee Dishonesty/ Each Occurrence $510001000 Fidelity INSURER AFFORDING COVERAGE: ACE American Insurance Company NAIC#: 22667 POLICY NUMBER: WCU C72624762 EFF DATE: 11/01/2024 EXP DATE: 11/01/2025 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT; Excess Workers Compensation EL Each Accident $1,000,000 WC-Statutory/CA-$1M: SIR EL Disease-Pol Limit $1,000,000 OH, WA, OR, IL, MI - $500K SIR EL Disease-Each Empl $1,000,000 ADDITIONAL REMARKS: ANY PROPRIETOR/PARTNER/EXECUTIVE/ OFFICER/MEMBER are included under Excess Workers Compensation policy #WCU C72624762 APPROVED By Cynthia Mora at 941 am, Novi 14 -2024 ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 26730402 HATCB: 3693326 CERT. W36171869 AGENCY CUSTOMER ID. _ LOC#: A Rom ADDITIONAL REMARKS SCHEDULE Page 3 of 3 AGENCY NAMEDINSURED Willis Towers Watson Southeast, Inc. AEM Building Solutions, LLC an ABM Induatries Inoorporated Company POLICY NUMBER 4151 Ashford Dunwoody Road, Suite 600 See Page 1 Atlanta, GA 30319 CARRIER NAIC CODE Sea Page 1 1SQQ Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM 1S A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE• Certificate of Liability Insurance INSURER AFFORDING COVERAGE: AIG Specialty Insurance Company NAIC#: 26883 POLICY NUMBER: CPO 16081985 EFF DATE: 05/01/2024 EXP DATE: 05/01/2025 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Contractors Pollution Liability Each Loss $10,000,000 Aggregate $10,000,000 SIR $500,000 INSURER AFFORDING COVERAGE: American Home Assurance Company NAIC#: 19380 POLICY NUMBER: 080766613 EFF DATE: 05/02/2024 EXP DATE: 05/01/2025 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Property Coverage Per Policy $5,000,000 ADDITIONAL REMARKS: All Risk of Physical Damage at any location including customer's premises, subject to policy terms. INSURER AFFORDING COVERAGE: ACE American Insurance Company NAIC#: 22667 POLICY NUMBER: ISA H11374311 EFF DATE: 11/01/2024 EXP DATE: 11/01/2025 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Garage Keepers Legal Liability Limit $2,000,000 ADDITIONAL REMARKS: Automobile Liability includes Excess Garage keepers Liability. APPROVED By Cynthia Mora at 9;1 la#4 Nov 94, 2024 ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 26730402 BATCH:3693326 CERT: W36171869 WILLIS TOWERS WATSON CANCELLATION NOTICE NAMED INSURED POLICY NO. ABM Building Solutions, LLC All policies listed on the enclosed certificate EFFECTIVE DATE SEE PAGE 9 Holder Name: City of Santa Ana Attn: Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92701 Project: See Page 1 Cancellation Terms: IN ADDITION TO THE NOTICE PROVISIONS IN THE POLICY, WILLIS TOWERS WATSON HAS AGREED WITH THE CARRIER THAT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, WILLIS TOWERS WATSON WILL SEND WRITTEN NOTICE TO THE CERTIFICATE HOLDER WITHIN 30 DAYS EXCEPT FOR NONPAYMENT OF PREMIUM. WILLIS TOWERS WATSON WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED. Cancellation Terms Apply to the Following Coverages: All policies listed on the enclosed certificate APPROVED By Cynthia Mora at 9:11 am, Nov 14, 2024 Willis 102 BLANKET ADDITIONAL INSURED Named Insured ABM Industries Incorporated Endorsement Number 26 Policy Symbol P8949757 cy Number Policy Period Effective Date of Endorsement XSL 111/01/2024 TO 11/01/2025 Issued By(Name of Insurance Company) ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: EXCESS COMMERCIAL GENERAL LIABILITY POLICY Any person or organization whom you have agreed to include as an additional insured in a written contract is included as an additional insured under this policy, but only to the extent required by and in accordance with the terms of such written contract executed prior to loss, provided that written contract does not specify an ISO endorsement or other specific wording, and only with respect to liability for"bodily injury","property damage", or"personal and advertising injury"arising out of your ongoing or completed operations. APPROVED By Cynthia Mora At 9.:11 am, Nov. 141 2024 MS-309963.2 (11/20) ©Chubb.2016.All rights reserved. Page 1 of 1 4 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured Endorsement Number ABM Industries Incorporated 21 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XS L G48949757 11/01/2024 to 11/01/2025 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information Is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY Schedule Organization Additional Insured Endorsement Any additional insured with whom you have agreed to provide such non-contributory insurance, pursuant to and as required under a written contract executed prior to the date of loss. (If no information is filled in, the schedule shall read: "All persons or entities added as additional insureds through an endorsement with the term 'Additional Insured"in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to Section IVA: If other insurance is available to an insured we cover under any of the endorsements listed or described above (the "Additional Insured") for a loss we cover under this policy, this insurance will apply to such loss and is primary(subject to satisfaction of the"retained limit"), meaning that we will not seek contribution from the other insurance available to the Additional Insured. Your"retained limit" still applies to such loss, and we will only pay the Additional Insured for the"ultimate net loss" in excess of the"retained limit" shown in the Declarations of this policy. Authorized Representative APPROVED = By Cynthia Mora. at 9:19 am, Nov 1.4, 2024 XS-20288a(05114) ©Chubb. 2016.All rights reserved. Page 1 of 1 CHUBS" 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Named Insured Endorsement Number ABM Industries Incorporated 1 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSI G48949757 11/01/2024 to 11/01/2025 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Name of Person or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract,provided such contract was executed prior to the date of loss. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this policy. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s)or organization(s)shown in the Schedule above. All Other Terms And Conditions Remain Unchanged. Authorized Representative APPROVED By Cynthia Mora.at 9:11 am Nov 14, 2Q24; XS-6W34a(02/20) Page 1 of 1 8 ADDITIONAL INSURED- DESIGNATED PERSONS OR ORGANIZATIONS Named Insured ABM Industries Incorporated Endorsement Number 1 Policy Symbol Policy Number Policy Period Effective Date or Endorsement I SA IH11374311 111/01/2024 To 11101/2025 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remafnder of the information is to be completed only when this endorsement Is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional Insured(s): Any person or organization whom you have agreed to include as an additional insured under a written contractprovided such contract was executed prior to the date of loss. A. For a covered "auto,"Who Is Insured is amended to include as an "insured,"the persons or organizations named in this endorsement. However,these persons or organizations are an"insured"only for"bodily injury"or"property damage" resulting from acts or omissions of: 1. You. 2. Any of your"employees"or agents. 3. Any person operating a covered "auto"with permission from you,any of your"employees"or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium, Authorized Representative APPROVED By Cynthia Mora at 941. am; Nov 14, 2024: DA-91J74c(03/16) Page 1 of 1 3 NONCONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured ABM Industries Incorporated Endorsement Number 13 Policy Symbol Policy Number Policy Period Effective Date of Endorsement ISA I H 11374311 111/01/2024 To 11/01/2025 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM Schedule Organization Additional Insured Endorsement Any additional insured with whom you have agreed to provide such non-contributory insurance, pursuant to and as required under a written contract executed prior to the date of loss (If no information is filled in, the schedule shall read: "All persons or entities added as additional insureds through an endorsement with the term Additional Insured"in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to the Other Insurance Condition under General Conditions: If other Insurance is available to an insured we cover under any of the endorsements listed or described above (the "Additional Insured") for a loss we cover under this policy, this insurance will apply to such loss on a primary basis and we will not seek contribution from the other insurance available to the Additional Insured. Authorized Representative APPROVED By Cynthia Mora at 9:11 am; Nov 14, 2024 DA-21886b(06/14) Page 1 of 1 4 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Named Insured ABM Industries Incorporated Endorsement Number 11 Policy Symbol Policy Number Policy Period Effective Date of Endorsement ISA I H 11374311 111/01/2024 To 11/01/2025 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information Is to be completed only when this endorsement is issued subsequent to the preparation of the policy, THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIERS COVERAGE FORM AUTO DEALERS COVERAGE FORM We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of the use of a covered auto. The waiver applies only to the person or organization shown in the SCHEDULE, SCHEDULE Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss, Authorized Representative APPROVED By Cynthia Mora at 911 am, Nov 14, 2024'; DA-13115a(06/14) Page 1 of 1 Workers'Compensation and Employers' Liability Policy Named Insured Endorsement Number ABM INDUSTRIES INCORPORATED ONE LIBERTY PLAZA,7TH FLOOR Policy Number NEW YORK NY 10006 Symbol: WLR Number:C72624804 Palley Period Effective Date of Endorsement 11-01-2024 TO 11-01-2025 11-01-2024 Issued By(Name of Insurance Company) INDEMNITY INS, CO. OF NORTH AMERICA Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS . For the states of CA, UT, TX, refer to state specific endorsements. This endorsement is not applicable in KY, NH, and NJ. The endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications.According to Section 287.150(6) of the Missouri statutes, a contractual provision purporting to waive subrogation rights against public policy and void where one party to the contract is an employer in the construction group of code classifications. For Kansas, use of this endorsement is limited by the Kansas Fairness in Private Construction Contract Act(K.S.A.. 16-1801 through 16-1807 and any amendments thereto) and the Kansas Fairness in Public Construction Contract Act(K.S.A 16-1901 through 16-1908 and any amendments thereto). According to the Acts a provision in a contract for private or public construction purporting to waive subrogation rights for losses or claims covered or paid by liability or workers compensation insurance shall be against public policy and shall be void and unenforceable except that, subject to the Acts, a contract may require waiver of subrogation for losses or claims paid by a consolidated or wrap-up insurance program. Authorized Agent APPROVED By.Cynthia Mara at 9:11 aM, IVov 14, 2024: WC 00 03 13(11/05) O Copyright 1983-2017 National Council on Componsafion Insurance, Inc.All Rights Reserved. 3 RECOVERY FROM OTHERS Named Insured Endorsement Number ABM industries Incorporated 2 Policy Symbol Policy Number Policy Period Effective Date of Endorsement WCU C50669324 11/01/2023 to 11/01/2024 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to he completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Specific Excess Workers Compensation and Employer's Liability Policy Solely with respect to a written contract with the organization named in the Schedule below, the final paragraph of I. Recovery From Others in PART SIX-CONDITIONS is deleted and replaced with the following: In the event of any payment under this policy for a Loss for which you have waived the right of recovery in a written contract entered into prior to the Loss, we hereby agree to also waive our right of recovery but only with respect to such Loss and only for the organization named in the Schedule below. SCHEDULE Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. This endorsement does not apply to policies in Missouri where the employer is in the construction group of classifications. APPROVED By Cynfh14`A4 alb 9.1= arfi, Nov 14; 2024 WC 99 04 91 (10/08) Page 1 of 1