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HomeMy WebLinkAboutKLEINFELDER, INC. (9) tNSU RANCE ON FILE WORK MAY PROCEED A-2025-108 UNTIL INSURANCE EXP;RES 01L CITY CLERK FIRST'AMENDMENT TO AGREEMENT WITH KLEINFELDER,INC. TO PROVIDE ON- DATE: CALL MATERIAL TESTING AND SPECIAL INSPECTION SERVICES JUL 14 Z05 THIS FIRST AMENDMENT to the above-referenced agreement is entered into on July 1, 2025,by and between Kleinfelder, Inc., a California corporation ("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"). 5 can ThnmaS(pZ� RECITALS A. The Parties entered into Agreement No.A-2023-064-02("Agreement")dated April 18,2023,to provide on-call material testing and special inspection services for the City's Public Works Agency. B. The Parties executed both available extensions under the Agreement which runs through July 5,2026. The Agreement is current and in-effect. C. The Parties now wish to amend the Agreement to increase the overall compensation to account for the additional services and extension of the term of the Agreement.No other changes are contemplated by this Amendment. The Parties therefore agree: 1. Section 2, Allowable Costs and Payments, Subsections "a" and "o" are hereby amended to increase the total compensation for all Consultants selected under RFP 20-111 to an aggregate amount for all Task Orders not to exceed 1 7QQ 000 during the term of the Agreement, including any extensions. 2. Except as modified by this First Amendment, 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. ATTEST: CITY OF SANTA ANA Jennifer L. all - Alvaro Nunez City C City Manager APPROVED AS TO FORM CONSULTANT SONIA R. CARVALHO City Attorney By: Z` r/ Kyle I ,o esen By: Dany Hanna Assistant City Attorney Title:Vice President RECOMME ED FOR APPROVAL abil Saba,PE Executive Director, Public Works Agency ACa CERTIFICATE OF LIABILITY INSURANCE ❑ATE(MwDDfYYYY) kh�_ 05114/2025 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 Marsh Risk&Insurance Services NAME: Jail Mitchell CA License 40437153 PAIL N E . 602 337 6295 A!C No 633 W.Fifth Street,Suite 1200 E-MAIL Los Angeles,CA 90071 ADDRESS: janet.k.mitchell@marsh.com INSURERS AFFORDING COVERAGE NAIC q CN101600557-TKG-GAUW-25-26 INSURER A: Zurich American Insurance Cc 16535 INSURED The Kleinfelder Group,Inc INSURER a: American Guarantee&Liability Ins Co 26241 770 First Avenue,Suite 4W INSURER C: See Additional Page for Pa ici a in San Diego,CA 92101 INSURER D INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: LOS-002806542-13 REVISION NUMBER: 10 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 ADOL SUBR POLICY EFF POLICY EXP LTR POLICYNUMBER (MMIDDIYYYYI IMMIDDfYYYY1LIMITS A X COMMERCIAL GENERAL LIABILITY GLO 6124594-04 D4101/2025 0410112026 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTS❑ PREMISES Ea occurrence $ 1,000,000 MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO LOG PRODUCTS-COMPIOP AGG $ 2.000,000 OTHER: $ A AUTOMOBILE LIABILITY BAP 6124595-04 04I0112025 04101/2026 COMBINED SINGLE LIMIT $ Ea accident 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS ONLY AUTOS ( ) HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B X UMaRELLALIAS X OCCUR SXS 6124597-04 04/01/2025 D4101/2026 EACH OCCURRENCE $ 2,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $ 2,000,000 DED RETENTION$ $ A WORKERS COMPENSATION WC6124596-04 04/0112025 04/0112026 X STATUTE OERH AND EMPLOYERS'LIABILITY YIN ANYPROPRIETORfPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/M EMBER EXCLUDED? N 1 N I A (Mandatory in NH) F.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Env.Contractor Poll/Prof E&O FINPA2550033 04/01/2025 04/01/2026 Each Claim 2,000,00C Claims-Made Policy Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Re:On-Call Engineering Services per Agreement(A-2023-064-02) City of Santa Ana,its officers,agents,employees,volunteers and representatives are included as additional insured where required by written contract with respect to General Liability and Auto Liability.This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured subject to policy terms and conditions. Waiver of subrogalion Is applicable where required by written contract and subject to po#icy terms and conditions. Tu Tran Digitally signed by Tu Tran Nguyen APPROVED Date:2025.e5.14 Nguyen 14:46:27-07'00' g Tu Tran Nguyen Y 5 ] at7:46 pm,May 14,2025 CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attention:Public Works Agency THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CIPIDesign Engineering ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana,CA 92701 M-36 AUTHORIZED REPRESENTATIVE O 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CNIO1600557 LOC#: Los Angeles AC40" ADDITIONAL REMARKS SCHEDULE Page 2 of 3 AGENCY NAMED INSURED Marsh Risk&Insurance Services The Kleinfeider Group,Inc 770 First Avenue,Suite 400 POLICY NUMBER Sari Diego,CA 92101 CARRIER NAIG CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance The Environmental Contractor Poll(Prof IE&O]policies Carriers: Convex Ins UK Limited(33.33%)NAIC#AA1120191 Allied World Surplus Lines Ins Co(25,83%)NAIC 24319 Certain Underwriters at Lloyd's(33.34%)NAIC AA1122000 K2 Financial Limited(7.5%) RenaissenceRe Syndicate Mgml LTD Lloyds Syndicate 1463 NAIC;AA1120102 Atrium Underwriters LTD Lloyds Syndicate 0609 NAIC:AA1126609 Munich Re Syndicate LTD Lloyds Syndicate 457 NAIC:AA1126457 Dale Managing Agency LTD Lloyds Syndicate 1729 NAIC:AA1120157 Asta Managing Agents LTD Lloyds Syndicate 1985 NAIC:AA1120215 Retroactive Date:4f2011962 The Environmental Contractor Poll/Prof pq polioies evidenced above are subject to self-insured retentions for various perils covered, NAMED INSURED SCHEDULE THE KLEINFELDER GROUP,INC. KLEINFELDER GROUP PARENT GP LLC KLEINFELDER GROUP PARENT LP KLEINFELDER GROUP HOLDINGS LLC KLEINFELDER INTERMEDIATE LLC KLEINFELDER PARENT,INC KLEINFELDER MANAGEMENT HOLDINGS LLC KLEINFELDER EAST,INC,(FORMERLY KNOWN AS GSCIKLEINFELDER,INC.AND POWELL-HARPSTEAD,INC.} KLEINFELDER,INC. KLEINFELDER WEST,INC.GSCIKLEINFELDER,INC.AND SQUIREIKLEINFELDER,INC. KLEINFELDER CENTRAL,INC.{FORMERLY KNOWN AS GEOSYSTEMS ENGINEERING,INC.AND TRINITY ENGINEERING TESTING CORPORATION(TETCO))MERGED INTO KLEINFELDER,INC.811116 KLEINFELDER ENGINEERING AND GEOLOGY,P.C.(FORMERLYJUSTIN R.MOSES&ASSOCIATES ENGINEERING,PC KLEINFELDER USA,ING,(KUSA)CLOSED 1IM012011 KLEINFELDER SOUTHEAST,INC.(FORMERLY KNOWN AS TRIGONIKLEINFELDER,INC. TRINITY ENGINEERING TESTING CORPORATION(TETCO) TRIGON ENVIRONMENTAL SERVICES,INC. ERG,LLC CE2 KLEINFELDER ADANTA-KLEINFELDER MP JV KLEI NFELDER ASSOCIATES(KFI SOUIERIKLEINFELDER,LLC SPECTRUM EXPLORATION,INC. KLEINFELDER DRILLING,INC. KLEINFELDER TEXAS 100 LLC NODARSE-KLEINFELDER A JOINT VENTURE LLC KLEINFELDER GUAM 101,LLC KLEINFELDER UTAH 100,LLC KLEINFELDER COLORAD0100,LLC KLEINFELDER KANSAS 100,LLC KLEINFELDER OKLAHOMA 100,LLC KLEINFELDER OKLAHOMA 200,LLC ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN101600557 LOG#: Los Angeles A��" ADDITIONAL REMARKS SCHEDULE page 3 of 3 AGENCY NAMED INSURED Marsh Risk&Insurance Services The Klefnfelder Group,Inc 770 First Avenue,Suite 400 POLICY NUMBER San Dlego,CA 92101 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance KLEINFELDER NEW MEXICO 100,LLC KLEINFELDER TEXAS 200,LLC KLEINFELDER INTERNATIONAL,INC. KLEINFELDER ACQUISITION I CORP. KLEINFELDER ACQUISITION II CORP CORRIGAN ACQUISITION ECOBIOLOGICAL PTY LTD LITTONA PTY LTD LERISTA PTY LTD LPG ENVIRONMENTAL&PERMITTING SERVICES,INC. SEA CONSULTANTS,INC.-KLEINFELDER ARCHITECTURE NORTHEAST,INC.- NOW KLEINFELDER NORTHEAST,INC,(AS OF 412012) KOWALSKI ENGINEERING,INC. WELLS ENVIRONMENTAL SERVICES,PTY LTD ALLIANCE ENVIRONMENTAL ENGINEERING&CONSULTING PTY LTD BUYS AND ASSOCIATES INSITE ENVIRONMENTAL,INC, OMNI ENVIRONMENTAL,LLC Al SURVEYING KLEINFELDER CONSTRUCTION SERVICES,INC.{FORMERLY SIMON WONG ENGINEERING,INC. OEI CONSULTANTS,INC. RED DOG TECHNICAL SERVICES,INC. HOOD TECHNICAL SERVICES,INC. HOOD RESOURCES CORP. 927278 ALBERTA LTD. 943739 ALBERTA LTD CIA HOOD ENGINEERING KLEI NFELDER ARCHITECTURE,INC. DOUCET&ASSOCIATES INC CHAN&PARTNERS ENGINEERING LLC DOUCET&ASSOCIATES,INC.DBA DOUCET+CHAN CMWorks,INC. KLEINFELDER CANADA,INC. KLEINFELDER AUSTRALIA PTY LTD DESIGN ENGINEERS&CONSULTING ASSOCIATES,INC, INDUSTRIAL FLUID MANAGEMENT,INC. CENTURY ENGINEERING OF NORTH CAROLINA,LC ACORD 101 (2008101) 02008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Marsh Marsh Specialty Spg FI N PA2550033 CTB WAIVER OF SUBROGATION ENDORSEMENT In the event of any Claim under this Policy, the Insurers shall be subrogated to all of the Assured's rights of recovery against any person or entity, and the Assured shall execute and deliver to the Insurers any and all necessary documentation, instruments and records and do whatever else is necessary to secure and enforce such rights. The Assured shall take no action after such Claim is made against it which prejudices such rights of Insurers. The Insurers agree to waive their rights of recovery against any client of the Named Assured for a Claim to the extent the Named Assured had, prior to such Claim, a written agreement to waive such rights. All other terms remain unchanged. Marsh Limited 8064 A business of Marsh McLennan Coverage Extension Endorsement ZURICW Policy No. EPf.Bate of Pol. Exp.Date of Pol. Eff.Date of End. Producer No, AddT Prem Return Prem. BAP 6124595-04 04/01/2025 041G112026 75320000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II—Covered Autos Liability Coverage: The following are also"insureds":. a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or barrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.9.a.and A.9.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Farm: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any"accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment— Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section 11 — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover, We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-424-F Cw(04-14) Page 1 of 6 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section Il—Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section ll—Covered Autos.Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to,auto or truck rodeos and other auto or truck agility demonstrations. 2. The following Is added to Paragraph 2. In the Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical. Damage Coverage of the Motor Carrier Coverage Form.: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to,auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The.following is added to the Coverage: Provision of the Physical bamage.Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss"to a covered "auto", we will pay any unpaid amount due on the lease or loan fora covered 'auto less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form;.and b, Ariy: (1) Overdue lease or.loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear andtear or high mileage; (3) Security deposits not returned by the lessor, (4) Costs for;extended warranties,credit life insurance,health, accident or disability Insurance purchased with the loan or Lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.Z..of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs Incurred each time a covered "auto"of the private passenger type its disabled. However, the labor must be performed at the place of disablement.. G. Extended Glass Coverage The following is added to Paragraph A.3.a, of the.Physical Damage ,Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and Is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage-- Increased toss of Use Expenses The Coverage Extension-for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "Insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: tI-CA-424-F OW(44-14) Page 2 of 6 Includes copyrighted material of Insurance Services office,Inc.,with Its permission. (1) Other than collision only if the Declarations Indicate that Comprehensive Coverage Is provided for any covered ".auto (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto" or .(3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered"auto". However, the most we will pay for any expenses for loss of use is$100 per day, to a maximum of$3000, I, Personal Effects Coverage The following is.added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up.to $750 for"loss" to personal effects which are: (1) personal property owned by an "insured";,and (2) In or on a covered "auto b.. Subject to Paragraph a.above,;the amount to be paid for"loss" to personal effects will be based on the lesser of, (1) The reasonable cost to replace;. or ' (2) The actual cash value. c. The coverage provided in Paragraphs a. and. b. above, only applies in the event of a total theft of a covered "auto No deductible-applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following, (1) .Accounts, bills, currency, deeds, evidence of debt, money, notes, securities., or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones: (3) Paintings,statuary.and other works of art. (.4) Contraband or property in the course of Illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual.or data electronic equipment. Any coverage provided by this Provision Is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph 13.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph 13.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage udder the Coverage Provision of the Physical Damage Coverage Section, We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only If the tapes., records, discs or other similar audio; visual or data electronic devices, (a) Are the property of an"insured"; and (b) Are In a covered "auto" at the time of"loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". U-CA424-F CW(44-14) Page 3 of B Includes copyrighted material of Insurance Services Office,Inc.,with its permission. K. Airbag Coverage The Exclusion in Paragraph I3.3.a.of Section III— Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph 8.4.a. of Section IV -- Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form Issued to you by us,the following applies for each covered "auto"on'a per vehicle basis: 1. if the deductible on this policy or.Coverage Form is the smaller(or smallest)deductible, it will be waived;.or 2. If the deductible on this policy or Coverage Form Is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller(or smallest)deductible, M. Physical Damage— Comprehensive.Coverage— Deductible The following is added to the deductible Provision of the Physical Damage Coverage.Section: Regardless of the number of covered ''autos"damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss"from any one cause is$5,000 or the deductible shown in the declarations,. whichever is greater. N. Temporary Substitute Autos—Physical Damage 1. The following Is added to Section I--"Covered Autos: Temporary Substitute Autos—Physical Damage If Physical Damage.Coverage is.provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered"autos"for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own. but is out of servioe because of its:. 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss.";Or 5. Destruction. 2, The following is added to the Paragraph A.Coverage Provision of the Physical Damage CoVerage Section: Temporary Substitute Autos— Physical Damage We will pay the owner for"loss" to the temporary substitute "auto"unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same. as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident,Claim, Suit Or Loss Paragraph a.of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of"accident', claim, "suit"or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss"is known to you (if you are an individual), a partner(if you are a partnership), a member(if you area limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any U-CA424-F OW(04-14) Page 4 of G Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. agent, servant or employee of the"Insured" to notify us of any"accident", claim, "suit"or"loss" shall not Invalidate the Insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or"suit" including, but not limited to, the date and details of such claim or"suit"; (2) The"insured's" name and address; and (3) To the extent possible, the names and, addresses of any injured persons and witnesses. If you report an "accident"; claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Fights Of Recovery Against Others To Us The following Is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:. This Condition does not apply to the extent required of you by a written contract, execrated prior to any "accident" or "loss", provided that the "accident" or "loss arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance— Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form.are replaced by the following:, For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos"you own: (1) Any covered "auto"you lease, hire, rent or.borrow; and (2) Any covered "auto" hired.or rented under a written contractor written agreement entered into by an "emploYee."or elected or appointed ofticiai with your permission while being operated within the course 'and scope of that "employee's"employment by you or that elected or appointed.official's duties as respect their obligations to you. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered"auto". R. Unintentional Fallure to disclose Hazards The following Is added to the Concealment, Misrepresentation Or Fraud Condition. However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the.inception date of this Coverage Form;or (2) Make an error,omission, improper description of"autos"or other misstatement of Information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto—World Wide Coverage Paragraph 7a.(S)of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of"bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time.. Mental anguish means any type of mental or emotional illness or disease. U-CA-424-F CW (04-14) Page 5 of 6 Includes copyrighted material of insurance Services Office,Inc.,with Its permission. U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II— Covered Auto Liability Coverage is replaced by the following: 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. V. Physical Damage—.Additional Temporary Transportation Expense Coverage Paragraph A.4.a.of Section III —Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of$1,000 for temporary transportation expense Incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage.. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending; regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its W. Replacement of a Private Passenger•Auto with a.Hybrid or Alternative Fuel Source Auto The.following is added to paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total 'loss"to a;covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 1.0% of the cost of the. replacement "auto", excluding tax, title, license, other fees and any,aftermerket vehicie upgrades, up to a maximum of$2500. The covered "auto" must be replaced by a hybrid"au.to" or an "auto" powered by an alternative fuel source within 60 calendar days:of the payment of the "loss"and evidenced by a bill,of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered. by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must.be electric, hydrogen, propane, solar or natural gas, elther compressed or liquefied. To. qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasolino engine. An "auto" solely propelled by b1ofuel,gasoline or diesel fuel or any blend thereof Is riot an "auto"p.awered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto"to you. We will pay only for those covered "autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms.,conditions, provisions and exclusions of this policy remain the same. U-CA-424-F CW (04-14) Page 6 of 6 Includes copyrighted material of Insurance services office,Inc.,with Its permission. Additional Insured — Automatic — Owners, Lessees Or ZURICH Contractors THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 6124594-04 Effective Date: 04/01/2025 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II —Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or"personal and advertising injury" arises out of: (1) Your ongoing operations,with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph i.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the"bodily injury", "property damage"or"personal and advertising injury"offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (07104 edition); or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s),but only to the extent that "bodily injury", "property damage" or"personal and advertising injury" is caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf,. U-GL-2162-ACW (02/19) Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. in the performance of: (a) Your ongoing operations, with respect to Paragraph 2.a.above; or (b) "Your work" and included in the "products-completed operations hazard", with respect to Paragraph 2.15. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2.; insurance afforded to such additional insured- (I) Only applies if the "bodily injury", "property damage" or "personal and advertising,injury" offense occurs during the policy period and subsequent to your execution of the written contractor written agreement; and (11) does not apply to "bodily injury"or"property damage" caused by"your work"and included within the "products completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither.Paragraph I.. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional Insured: a. Under the ISO CG 20 10 (04113 edition, any subsequent edition or if no edition date is specified);or b. With respect to ongoing operations (if no form is specified), such person or organization Is then an additional insured only to the extent that"bodily injury "property damage" or"personal and advertising injury" is caused, in whole 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,which is the subject of the written contract or written agreement. However,solely with respect to this Paragraph 3., insurance afforded to such additional insured; (a) Only applies to the.extent permitted by law; (b) Will not be broader than that which you are required by the. written contract or written agreement to provide for such additional insured; and (c) Only applies if the"bodily injury" "property damage"or"personal and advertising injury"offense occurs during the policy.period and subsequent to your exocution of the written contract or written agreement. 4. If neither Paragraph 1. nor Paragraph 2, above apply and such.written contract or written agreement requires that you provide that.the person or organization be named as an additional insured: a. Under the ISO CG 20 37 (04113 edition, any subsequent edition or if no edition date is specified);or b. With respect to the"products-completed:operations hazard" {if no form is specified), such person or organization is then an additional insured only to the extent that"bodily injury"or"property damage" is caused, in whole or in part by"your work" and included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However,solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional Insured; (3) Only applies if the "bodily Injury" or"property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement;and (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. U-GL-2162-ACw(02119) Page 2 of 4 Includes copyrighted material of Insurance Services office,Inc.,with its permission. 1 S. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This Insurance does not apply to "bodily Injury", "property damage" or "personal and advertising Injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders,change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing In the supervision, hiring, employment,training or monitoring of others by that insured., if the "occurrence"which caused the"bodily Injury" or"property damage",.or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph.2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV--Commercial General Liability Conditions: The additional insured must.see'to It that: (1) We are notified as soon as practicable of an "occurrence"or offense that may result in a. claim; (2) We receive written notice of a claim or"suit"as soon as practicable; and (3) A request for defense and indemnity of the claim or"sult" will promptly be brought against any policy issued. by another insurer under which the additional insured may an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this.coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the. Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other Insurance available to an additional insured provided that: A. The additional-Insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is .added. to Paragraph 4.15. of the Other Insurance Condition under Section IV — Commercial General Liability Conditions: This Insurance Is excess over: Any of the other insurance,whether primary,excess,contingent or on any other basis,available to an additional insured, in which the additional Insured on our policy Is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured Is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non .contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that Identified additional insured. F. Solely with respect to the insurance afforded to an additional insured under Paragraph.A.3. or Paragraph A.4. of this endorsement, the following is added to Section III Limits Of Insurance:. Additional Insured-»Automatic— Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: U-GL-2162-ACW(02M9) Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 1. Required by the written contractor written agreement referenced in Section A. of this endorsement; or 2. 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 Declarations. All other terms,conditions, provisions and exclusions of this policy remain the same. U-GL-2162-A CW(02119) Page 4 of 4 Includes copyrighted material of Insurance Services office,Inc.,with its permission. Waiver Of Subrogation (Blanket) Endorsement p0hoy No. Eff.Date of PoL Exp,Dale of pol, Eff,Dale.of Dul. Producer Add'l Prem. fttsLum Preen, GLO 6124594-04 04/01/2025 04l4112020 752320000 $ INC[ THIS 1JNDORS1,,MUN'I'.CIIANGLS THE POLICY. PLCASE READ 1T CARErvLLY. This endorsement modifies insurance provided under the: Commercial General.Liability Coverage Part The following is added to(lie Trotrsfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contractor agreement, which is executed before a loss,to waive your right of recovery from others, we agree to waive our rights of recovery, This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no Ontraetual interest. U-CL-925-B CW(12101) page l of I WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0,3113 (Ed.4-84) 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 anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT .OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED 13Y YOU FOR. THAT PERSON AND/OR ORGANIZATION This endorsement changes the policy to Which it Is attached and Is effective on the date Issued unless otherwise stated. (The Information below is required only When this endorsement Is Issued subsequent to preparation of the.policy.) Endorsement Effective 04-01-25 Policy No.WC 6124596-04 Endorsement No. Insured THE KLEINFELDER GROUP, INC. Premium $ INCL. Insurance Company ZURICH AMERICAN INSURANCE COMPANY Countersigned By WC 00 03 13 (Ed. 4-84) 0 1983 National council on Compensation Insurance.