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HomeMy WebLinkAboutARDURRA GROUP, INC 'NSURANCE BILE A-2022-158-02A WORK MAY PROCEED OW Ii SU t,NCE EXPIi�tLS , MAYOR ' q`, " 1. CITY MANAGER Valerie Amezcua �I �W -- litgk r'Y * Alvaro Nunez MAYOR PRO TEM r CLERK �L :.�' y CITY ATTORNEY Benjamin Vazquez ' l1E. ! Sonia R Carvalho COUNCILMEMBERS OCT 0 3 2025 CITY CLERK Phil Bacerra Jennifer L.Hall Ryan R an Hernandez Jessie Lopez y i , David Penaloza Thai Viet Phan CITY OF SANTA ANA D: Prof►-riAivir 0') (,Nigh PUBLIC WORKS AGENCY 20 Civic Center Plaza•P.O.Box 1988 Santa Ana,California 92702 www.santa-ana-orq September 5,2025 Ardurra Group, Inc. 3737 Birch Street, Suite 250 Newport Beach, CA 92660 Attn: Carmen C. Kasmer, Vice President/Regional Operations Re: Extension of Agreement No. A-2022-158-02 to Provide On-Call Water Resources Engineering Services Pursuant to Section 3 ("Term") of the above-referenced Agreement, entered into by Ardurra Group, Inc. and the City of Santa Ana, dated August 16, 2022, the time period of the Agreement is hereby extended for an additional one-year period, from August 16, 2025 through August 15, 2026. Any insurance certificates are required to be extended and/or renewed to cover this extension. All other terms and conditions of the Agreement remain unchanged and in full force and effect. Sincerely, rRo olfo R as, P.E. c.Acting xecutive Director, Public Works Agency CITY OF ANTA A A ATTEST ; „T p4 r, -3l a err varo Nunez ew er L.I.all City Manager City Clerk APPROVED AS TO FORM ARDURRA GROUP, INC. • `ZL Nellesen By: GArr-v. ka.5nei Assistant City Attorney Title: V Ir ce ?resl`de n-►' SANTA ANA CITY COUNCIL Valerie Amezcua Benjamin Vazquez Thai Viet Phan Jessie Lopez Phil Bacerra Johnathan Ryan Hernandez David Penaloza Mayor Mayor Pro Tam•Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward 6 rpmezcuaesanta•ana orq ovaaeua_ResaMa-dnn qrq 1phanffi58nta-ana e,q Iebarelppez rsanra.ara arq pbacerraVaanla•ar a otq jryanhemanddZisaitta.are eq Openaloaaiss ala-ana.ID% ,-------'-Th ARDURRA-01 KMCGUFFIN A O® CERTIFICATE OF LIABILITY INSURANCE DATE DIYYYY) 8/27/227/2025 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(fes)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 CONTACTE: NAM Ames&Gough PHONE 8300 Greensboro Drive FAX (A/C,No,Est):(703)827-2277 Suite 980 E MAIL admin ames ou h.com (arc,Na>:(703)827.2279 McLean,VA 22102 Aoo Ess: @ 9 9 INSURER(S)AFFORDING COVERAGE NAIC it INSURER A:Travelers Property Casualty Company of America,A++,XV 25674 INSURED INSURER B:National Fire&Marine Insurance Company A++X 20079 Ardurra Group,Inc. INSURER C: 1000 N,W.57th Court,Suite 800 INSURER D: Miami,FL 33126 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP INSD WVDIMMIOD/YYYYI IMM!DDNYYY) LIMITS A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 630-5X487435 1/1/2025 111/2026 DAMAGE Sr7EM T 1,000,000 X XPREMISES fEa occurrence) $ MED EXP(Any one parson) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT I APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECpT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Pa accident) $ X ANY AUTO X X 810-5X558309 1/1/2025 1/1/2026 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOSU D pBODILY INJURY(Per accident) $ 'Al U UTOS ONLY 'MOM (I err gaVtiAMAGE $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE X X CUP-5X642114 1/1/2025 1/1/2026 AGGREGATE $ 5,000,000 DED X RETENTIONS 10,000 $ A AND EMPLCOMPENSATION YERS N A TIOI N X STATUTE OTH- ER ANY PROPREEIETO�Rp/PARTNER/EXECUTIVE YIN X UB-5X489557 1/1/2025 1/112026 1,000,000 ICER(MEM1 BHi EXCLUDED? N N/A EL.EACH ACCIDENT $ OFF 1,000,000 E.L.DISEASE.EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,00D,000 B Professional Liab. x 42-EPP-306878-07 1/112025 1/1/2026 Per Claim/Aggregate 10,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE:ON-CALL ENGINEERING SERVICES A-2022-158.02 The City of Santa Ana,CA,Its Officers,Employees,Agents,and Representatives are Included as additional insured with respect to General Liability, Automobile Liability,and Umbrella Liability when required by written contract.General Liability includes Additional Insured coverage for On-Going& Completed Operations as required by written contract.General Liability,Automobile Liability,and Umbrella Liability are primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract.General Liability, Automobile Liability,Workers Compensation,and Umbrella Liability policies Include a waiver of subrogation In favor of the additional Insureds where SEE ATTACHED ACORD 101 CERTIFICATE HOLDER APPROVED _ CANCELLATION By Tu Tran Nguyen at 12iO4 pm,Sep 05,2025^ . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN oguenysigned ACCORDANCE WITH THE POLICY PROVISIONS. Attention:Heidi Chou Tu Tran.s%TuTran 215 S.Center St.,M-85 Nguyen Santa Ana,CA 92701 Nguyen oam;xoss.oaas AUTHORIZED REPRESENTATIVE I1:0931U]W 1 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:ARDURRA-01 KMCGUFFIN LOC#: 2 ACOR®® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Ardurra Group,Inc. Ames&Gough 1000 N.W.57th Court,Suite 800 POLICY NUMBER Miami,FL 33126 SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: permissible by state law and when required by written contract.30-day Notice of Cancellation will be issued for the General Liability, Automobile Liability,Umbrella Liability,Workers Compensation and Professional Liability policies in accordance with policy terms and conditions. Umbrella Liability coverage sits excess over General Liability,Automobile Liability and Employers' Liability coverage.Professional Liability policy includes waiver of subrogation in favor of the Insured's client or project owner only when required by written contract and in accordance with policy terms and conditions. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TRAVELERS" WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 99 03 76 ( A)- 001 POLICY NUMBER: UB-5X489557 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED HY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. 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 Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE: 01-1-25 STASSIGN: Page 1 of 1 Policy Number:810-5X558309 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT - FLORIDA This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE— LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS— K. AIRBAGS INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE L. NOTICE AND KNOWLEDGE OF ACCIDENT OR COVERAGE—INDEMNITY BASIS LOSS G. WAIVER OF DEDUCTIBLE—GLASS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS during the policy period, to be named as an A. BROAD FORM NAMED INSURED additional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to The following is added to Paragraph A.1., Who Is which this insurance applies and only to the An Insured, of SECTION II—COVERED AUTOS extent that person or organization qualifies as an LIABILITY COVERAGE:. "insured" under the Who Is An Insured provision Any organization you newly acquire or form contained in Section II. during the policy period over which you maintain C. EMPLOYEE HIRED AUTO 50% or more ownership interest and that is not 1. The following is added to Paragraph A.1., separately insured for Business Auto Coverage. Who Is An Insured, of SECTION II — Coverage under this provision is afforded only COVERED AUTOS LIABILITY COVERAGE: until the 180th day after you acquire or form the organization or the end of the policy period, An "employee" of yours is an "insured" while whichever is earlier. operating an "auto" hired or rented under a B. BLANKET ADDITIONAL INSURED contract or agreement in an "employee's" name, with your permission, while performing The following is added to Paragraph c. in A.1., duties related to the conduct of your Who Is An Insured, of SECTION II— COVERED business. AUTOS LIABILITY COVERAGE: 2. The following replaces Paragraph b. in B.5., Any person or organization who is required under Other Insurance, of SECTION IV — a written contract or agreement between you and BUSINESS AUTO CONDITIONS: that person or organization, that is signed and b. For Hired Auto Physical Damage executed by you before the "bodily injury" or "property damage" occurs and that is in effect Coverage, the following are deemed to be covered "autos"you own: CA F2 19 03 21 ©2021 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with Its permission COMMERCIAL AUTO (1) Any covered "auto" you lease, hire, days or less and that is not an "auto" you rent or borrow; and lease, hire, rent or borrow from any of your (2) Any covered "auto" hired or rented by employees", partners (if you are a your "employee" under a contract in partnership), members (if you are a limited an "employee's" name, with your liability company) or members of their permission, while performing duties households. related to the conduct of your (a) With respect to any claim made or "suit" business. brought outside the United States of However, any "auto" that is leased, hired, America, the territories and possessions rented or borrowed with a driver is not a of the United States of America, Puerto covered "auto". Rico and Canada: D. EMPLOYEES AS INSURED (i) You must arrange to defend the "insured" against, and investigate or The following is added to Paragraph A.1., Who Is settle any such claim or "suit" and An Insured, of SECTION II—COVERED AUTOS keep us advised of all proceedings LIABILITY COVERAGE: and actions. Any "employee" of yours is an "Insured" while (ii) Neither you nor any other involved using a covered "auto" you don't own, hire or "insured" will make any settlement borrow in your business or your personal affairs. without our consent. E. SUPPLEMENTARY PAYMENTS — INCREASED (iii)We may, at our discretion, participate LIMITS in defending the "insured" against, or 1. The following replaces Paragraph A.2.a.(2), in the settlement of, any claim or of SECTION II — COVERED AUTOS "suit". LIABILITY COVERAGE: (iv)We will reimburse the "insured" for sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds pay as damages because of "bodily (including bonds for related traffic law injury" or"property damage" to which violations) required because of an this insurance applies, that the "accident" we cover. We do not have to "insured" pays with our consent, but furnish these bonds. only up to the limit described in 2. The following replaces Paragraph A.2.a.(4), Paragraph C., Limits Of Insurance, of of SECTION II — COVERED AUTOS SECTION II — COVERED AUTOS LIABILITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day with our consent for your because of time off from work. investigation of such claims and your F. HIRED AUTO — LIMITED WORLDWIDE defense of the "insured" against any COVERAGE—INDEMNITY BASIS such "suit", but only up to and included within the limit described in The following replaces Subparagraph (5) in Paragraph C., Limits Of Insurance, of Paragraph B.7., Policy Period, Coverage SECTION II — COVERED AUTOS Territory, of SECTION IV — BUSINESS AUTO LIABILITY COVERAGE, and not in CONDITIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, have used up the applicable limit of embargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and settlements or defense expenses. prohibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for and collectible other insurance available Covered Autos Liability Coverage for any to the "insured" whether primary, excess covered "auto" that you lease, hire, rent or contingent or on any other basis. borrow without a driver for a period of 30 Page 2 of 4 ©2021 The Travelers Indemnity Company.All rights received. CA F2 19 03 21 Includes copyrighted material of Insurance Services Office,Inc.with its permission COMMERCIAL AUTO (c) This insurance is not a substitute for J. PERSONAL PROPERTY required or compulsory insurance in any The following is added to Paragraph A.4., country outside the United States, its Coverage Extensions, of SECTION III — territories and possessions, Puerto Rico PHYSICAL DAMAGE COVERAGE: and Canada. You agree to maintain all required or Personal Property compulsory insurance in any such We will pay up to $400 for "loss" to wearing country up to the minimum limits required apparel and other personal property which is: by local law. Your failure to comply with (1) Owned by an "insured"; and compulsory insurance requirements will (2) In or on your covered "auto". not invalidate the coverage afforded by this policy, but we will only be liable to the This coverage applies only in the event of a total same extent we would have been liable theft of your covered "auto". had you complied with the compulsory No deductibles apply to this Personal Property insurance requirements. coverage. (d) It is understood that we are not an K. AIRBAGS admitted or authorized insurer outside the The following is added to Paragraph B.3., United States of America, its territories Exclusions, of SECTION III — PHYSICAL and possessions, Puerto Rico and DAMAGE COVERAGE: Canada. We assume no responsibility for the furnishing of certificates of insurance, Exclusion 3.a. does not apply to "loss" to one or or for compliance in any way with the more airbags in a covered "auto" you own that laws of other countries relating to inflate due to a cause other than a cause of"loss" insurance. set forth in Paragraphs A.1.b. and A.1.c., but G. WAIVER OF DEDUCTIBLE—GLASS only: a. If that "auto" is a covered "auto" for The following is added to Paragraph D., Comprehensive Coverage under this policy; Deductible, of SECTION III — PHYSICAL DAMAGE COVERAGE: b. The airbags are not covered under any warranty; and No deductible applies under Specified Causes of Loss or Comprehensive coverage for "loss" to c. The airbags were not intentionally inflated. glass used in the windshield. We will pay up to a maximum of$1,000 for any H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF one "loss". USE—INCREASED LIMIT L. NOTICE AND KNOWLEDGE OF ACCIDENT OR The following replaces the last sentence of LOSS Paragraph A.4.b., Loss Of Use Expenses, of The following is added to Paragraph A.2.a., of SECTION III — PHYSICAL DAMAGE SECTION IV—BUSINESS AUTO CONDITIONS: COVERAGE: Your duty to give us or our authorized However, the most we will pay for any expenses representative prompt notice of the "accident" or for loss of use is $65 per day, to a maximum of "loss"applies only when the"accident"or"loss" is $750 for any one "accident". known to: I. PHYSICAL DAMAGE — TRANSPORTATION (a) You (if you are an individual); EXPENSES—INCREASED LIMIT (b) A partner(if you are a partnership); The following replaces the first sentence in (c) A member (if you are a limited liability Paragraph A.4.a., Transportation Expenses, of company); SECTION III — PHYSICAL DAMAGE COVERAGE: (d) An executive officer, director or insurance We will pay up to $50 per day to a maximum of manager (if you are a corporation or other $1,500 for temporary transportation expense organization); or incurred by you because of the total theft of a (e)- Any "employee" authorized by you to give covered "auto"of the private passenger type. notice of the"accident"or"loss". CA F2 19 03 21 ©2021 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION by such contract. The waiver applies only to The following replaces Paragraph A.5., Transfer the person or organization designated in such Of Rights Of Recovery Against Others To Us, contract. of SECTION IV — BUSINESS AUTO N. UNINTENTIONAL ERRORS OR OMISSIONS CONDITIONS: The following is added to Paragraph B.2., 5. Transfer Of Rights Of Recovery Against Concealment, Misrepresentation, Or Fraud, of Others To Us SECTION IV—BUSINESS AUTO CONDITIONS: We waive any right of recovery we may have The unintentional omission of, or unintentional against any person or organization to the error in, any information given by you shall not extent required of you by a written contract prejudice your rights under this insurance. signed and executed prior to any "accident" However this provision does not affect our right to or "loss", provided that the "accident" or collect additional premium or exercise our right of "loss" arises out of operations contemplated cancellation or non—renewal. Page 4 of 4 ©2021 The Travelers Indemnity Company.All rights reserved. CA F2 19 03 21 • Includes copyrighted material of Insurance Services Office,Inc.with its permission Policy Number: 810-5X558309 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part 5. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "property damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Covered Autos organization, that is signed by you before the Liability Coverage, but only for damages to which "bodily injury" or "property damage" occurs and this insurance applies and only to the extent of that is in effect during the policy period, requires that person's or organization's liability for the this insurance to be primary and non-contributory. conduct of another"insured". CA T4 74 02 16 ®2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of insurance Services Office,Inc.with its permission. POLICY#42-EPP-306878-07 C. Potential Claims Solely as respects Insuring Agreements A, B,C and D.1., if, during the Policy Period,the Insured becomes aware of a circumstance that may reasonably be expected to be the basis of a Claim and if the Insured, during the Policy Period, provides the Insurer with a written report of the circumstance including: 1. When and how the Insured first became aware of such circumstance; 2. Any Wrongful Act or Pollution Incident asserted or believed to be at issue,and the Professional Services,Contractor Services, Media Activities or Technology Services involved in the circumstance; and 3. The nature of any potential Damages as well as the dates, persons and entities involved; then any Claim which is subsequently made against the Insured arising out of such circumstance will be deemed to have been made on the date the Insured received the written report of the circumstance. Notice of any subsequent Claim shall be given to the Insurer as soon as practicable in accordance with XII A. Notice of Claim. Except as otherwise provided in this Policy, all notices under any provision of this Policy shall be in writing and given by email, prepaid express courier or certified mail properly addressed to the appropriate party. Notice to the Insurer shall be given to the respective address shown in the Declarations. If notice is given as described above, it shall be deemed to be received and effective upon the date of transmittal, subject to proof of transmittal. XIII. Other Insurance and Subrogation A. Other Insurance All amounts payable under this Policy will be specifically excess of,and will not contribute with,any other valid and collectible insurance, including but not limited to project specific insurance, unless the other insurance is written specifically excess of this Policy.This Policy will not be subject to the terms of any other insurance policy. B. Subrogation 1. In the event of any payment under this Policy,the Insurer shall be subrogated to all of the Insureds' rights of recovery and the Named Insured shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents as may be necessary to enable the Insurer to effectively bring suit in the name of the Named Insured.The Insured shall do nothing to prejudice such rights. However,the Insurer hereby waives its subrogation rights against a client of the Insured or project owner to the extent that the Insured had, prior to the Claim or circumstance, entered into a written agreement to waive such rights. 2. In the event the Insurer recovers amounts it paid under this Policy the Insurer will have priority over the Insured in the allocation of recovered amounts.The Insurer will reinstate the applicable Limits of Liability of this Policy, less the Insurer's costs incurred in obtaining such recovery.Any amounts above the total payment by the Insurer plus cost of recovery shall be paid to the Insured. The Insurer assumes no duty to seek recovery of any amounts paid under this Policy. XIV. Extended Reporting Period A. Automatic Extended Reporting Period Page 14 I EP-AEC-001-06/2016 Policy#630-5X487435 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II —WHO IS plies only to such "bodily injury" or "property AN INSURED: damage"that occurs before the end of the pe- Any person or organization that you agree in a rind of time for which the "written contract re- written contract requiring insurance"to include as quiring insurance" requires you to provide an additiona I insured on this Coverage Part, but: such coverage or the end of the policy period, whichever is earlier. a. Only with respect to liability for "bodily injury". "property damage"or"personal injury"; and 2. The following is added to Paragraph 4.a. of SEC- TION IV—COMMERCIAL GENERAL LIABILITY b. If, and only to the extent that, the injury or CONDITIONS: damage is caused by acts or omissions of you or your subcontractor in the performance The insurance provided to the additional insured is excess over any valid and collectible "other in- of "your work" to which the "written contract surance", whether primary, excess, contingent or requiring insurance" applies. The person or organization does not qualify as an additional on any other basis, that is available to the addi- insured with respect to the independent acts tional insured for a loss we cover. However, if you or omissions of such person or organization . specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- The insurance provided to such additional insured ditional insured under this Coverage Part must is limited as follows: apply on a primary basis or a primary and non- c. In the event that the Limits of Insurance of contributory basis, this insurance is primary to this Coverage Part shown in the Declarations "other insurance" available to the additional in- exceed the limits of liability required by the sured which covers that person or organization as "written contract requiring insurance", the in- a named insured for such loss, and we will not surance provided to the additional insured share with that "other insurance". But this insur- shall be limited to the limits of liability required ance provided to the additional insured still is ex- by that "written contract requiring insurance". cess over any valid and collectible "other insur- This endorsement shall not increase the li mits ance", whether primary, excess, contingent or on of insurance described in Section III — Limits any other basis, that is available to the additional Of Insurance. insured when that person or organization is an d. This insurance does not apply to the render- additional insured under any "other insurance". ing of or failure to render any "professional 3. The following is added to SECTION IV — COM- services" or construction management errors MERCIAL GENERAL LIABILITY CONDITIONS: or omissions. Duties Of An Additional Insured e. This insurance does not apply to "bodily in- As a condition of coverage provided to the addi- jury" or "property damage" caused by "your tional insured: work" and included in the "products- completed operations hazard" unless the a. The additional insured must give us written "written contract requiring insurance" specifi- notice as soon as practicable of an "occur- cally requires you to provide such coverage rence" or an offense which may result in a for that additional insured, and then the insur- claim. To the extent possible, such notice ance provided to the additional insured ap- CG include: CG D4 14 04 08 C 2008 The Travelers Companies,Inc. Page 1 of 2 Policy#630-5X487435 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" any provider of other insurance which would or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover. However, this condition does not affect persons and witnesses; and whether this insurance provided to the addi- iii. The nature and location of any injury or tional insured is primary to that other insur- damage arising out of the "occurrence" or ance available to the additional insured which offense. covers that person or organization as a b. If a claim is made or "suit' is brought against named insured. the additional Insured, the additional insured 4. The following is added to the DEFINITIONS Sec- must: lion: i. Immediately record the specifics of the "Written contract requiring insurance" means that claim or"suit" and the date received; and part of any written contract or agreement under Notify us as soon as practicable. which you are required to include a person or or- ii. ganization as an additional insured on this Cover- The additional insured must see to it that we age Part, provided that the "bodily injury" and receive written notice of the claim or "suit" as "property damage" occurs and the "personal in- soon as practicable. jury" is caused by an offense committed: c. The additional insured must immediately send a. After the signing and execution of the contract us copies of all legal papers received in con- or agreement by you; nection with the claim or "suit", cooperate with b. While that part of the contract or agreement is us in the investigation or settlement of the in effect; and claim or defense against the "suit", and oth- erwise comply with all policy conditions. policy P d. The additional insured must tender the de- fense and indemnity of any claim or "suit" to Page 2 of 2 ©2008 The Travelers Companies,Inc. CG D4 14 04 08 Policy#630-5X487435 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITYCOVERAGE PART GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement.The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights,duties,and what is and is not covered. A. Non-Owned Watercraft-75 Feet Long Or Less H. Blanket Additional Insured — Governmental B. Who Is An Insured—Unnamed Subsidiaries Entities—Permits Or Authorizations Relating To Premises C. Who Is An Insured—Retired Partners, Members, Directors And Employees I. Blanket Additional Insured — Governmental D. Who Is An Insured — Employees And Volunteer Entities—Permits Or Authorizations Relating To Workers— Bodily Injury To Co-Employees, Co- Operations Volunteer Workers And Retired Partners, J. Incidental Medical Malpractice Members, Directors And Employees K. Medical Payments—Increased Limit E. Who Is An Insured—Newly Acquired Or Formed L. Amendment Of Excess Insurance Condition — Limited Liability Companies Professional Liability F. Blanket Additional Insured—Controlling Interest M. Blanket Waiver Of Subrogation—When Required G. Blanket Additional Insured — Mortgagees, By Written Contract Or Agreement Assignees, Successors Or Receivers N. Contractual Liability—Railroads PROVISIONS uses or is responsible for the use of a A. NON-OWNED WATERCRAFT — 75 FEET watercraft that you do not own that is: LONG OR LESS (1) 75 feet long or less; and 1. The following replaces Paragraph (2) of (2) Not being used to carry any person Exclusion g., Aircraft,Auto Or Watercraft, or propertyfor a charge; in Paragraph 2. of SECTION I — B. WHO IS AN INSURED — UNNAMED COVERAGES — COVERAGE A — BODILY SUBSIDIARIES INJURY AND PROPERTY DAMAGE The following is added to SECTION II—WHO IS LIABILITY: AN INSURED: (2) A watercraft you do not own that is: Any of your subsidiaries, other than a partnership (a) 75 feet long or less; and or joint venture, that is not shown as a Named (b) Not being used to carry any person Insured in the Declarations is a Named Insured or propertyfor a charge; if: 2. The following replaces Paragraph 2.e. of a. You are the sole owner of, or maintain an SECTION II—WHO IS AN INSURED: ownership interest of more than 50%in, such e. Any person or organization that, with subsidiary on the first day of the policy your express or implied consent, either period;and • CG D3 79 0219 ©2017 The Travelers IndemnityCompany.All rights reserved. Page 1 of 6 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy#630-5X487435 COMMERCIAL GENERAL LIABILITY b. Such subsidiary is not an insured under Unless you are in the business or occupation similar other insurance. of providing professional health care No such subsidiary is an insured for "bodily services, Paragraphs(1)(a), (b), (c) and (d) injury" or "property damage" that occurred, or above do not apply to "bodily injury" arising "personal and advertising injury" caused by an out of providing or failing to provide first aid offense committed: or"Good Samaritan services"by any of your retired partners, members, directors or a. Before you maintained an ownership interest "employees", other than a doctor.Any such of more than 50%in such subsidiary;or retired partners, members, directors or b. After the date,if any,during the policy period "employees" providing or failing to provide that you no longer maintain an ownership first aid or"Good Samaritan services"during interest of more than 50% in such subsidiary. their work hours for you will be deemed to be acting within the scope of their employment For purposes of Paragraph 1.of Section II—Who Is An Insured, each such subsidiarywill be by you or performing duties related to the conduct of your business. deemed to be designated in the Declarations as: (2) "Personal injury": a. A limited liability company; (a) To you, to your current or retired b. An organization other than a partnership, partners or members (if you are a joint venture or limited liability company; or partnership or Joint venture), to your C. A trust; current or retired members (if you are a as indicated in its name or the documents that limited liability company), to your other govern its structure. current or retired directors or "employees"while in the course of his or C. WHO IS AN INSURED—RETIRED PARTNERS, her employment or performing duties MEMBERS,DIRECTORS AND EMPLOYEES related to the conduct of your business, or to your other "volunteer workers" The following is added to Paragraph 2. of SECTION II—WHO IS AN INSURED: while performing duties related to the conduct of your business; Any person who is your retired partner, member, (b) To the spouse, child, parent, brother or director or"employee"that is performing services sister of that current or retired partner, for you under your direct supervision,but only for member, director, "employee" or acts within the scope of their employment by you "volunteer worker"as a consequence of or while performing duties related to the conduct Paragraph(2)(a)above; of your business. However, no such retired (c) For which there is any obligation to partner, member, director or "employee" is an share damages with or repay someone insured for: else who must pay damages because of the injury described in Paragraph (2)(a) (1) "Bodily injury": or(b) above;or (a) To you, to your current partners or (d) Arising out of his or her providing or members (if you are a partnership or failing to provide professional health care joint venture), to your current members (if you are a limited liability company) or services. to your current directors; (3) "Property damage"to property: (b) To the spouse, child, parent, brother or (a) Owned, occupied or used by;or sister of that current partner, member or (b) Rented to, in the care,custody or control director as a consequence of Paragraph of, or over which physical control is (1)(a)above; (c) For which there is any obligation to being exercised for any purpose by; share damages with or repay someone you, any of your retired partners, members else who must pay damages because of or directors, your current or retired the injury described in Paragraph (1)(a) "employees" or "volunteer workers", any or(b) above;or current partner or member (if you are a (d) Arising out of his or her providing or partnership or joint venture), or any current failing to provide professional health care member (if you are a limited liability services. company)or current director. Page 2 of 6 ©2017 The Travelers IndemnityCompany.All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy#630-5X487435 COMMERCIAL GENERAL LIABILITY D. WHO IS AN INSURED — EMPLOYEES AND organization will be deemed to be VOLUNTEER WORKERS — BODILY INJURY designated in the Declarations as: TO CO-EMPLOYEES, CO VOLUNTEER a. A limited liability company; WORKERS AND RETIRED PARTNERS,MEMBERS,DIRECTORS AND EMPLOYEES b. An organization other than a partnership, The following is added to Paragraph 2.a.(1) of joint venture or limited liability company; or SECTION II—WHO IS AN INSURED: Paragraphs (Ma), (b) and (c) above do not c. A trust; apply to"bodily injury" to a current or retired co- as indicated in its name or the documents "employee" while in the course of the co- that govern its structure. "employee's" employment by you or performing F. BLANKET ADDITIONAL INSURED — duties related to the conduct of your business, or CONTROLLING INTEREST to "bodily injury" to your other "volunteer 1. The following is added to SECTION II — workers" or retired partners, members or WHO IS AN INSURED: directors while performing duties related to the conduct of your business. Any person or organization that has financial E. WHO ISANINSURED—NEWLY ACQUIRED control of you is an insured with respect to OR FORMED LIMITED LIABILITY COMPANIES liability for"bodily injury", "property damage" or "personal and advertising injury" that The following replaces Paragraph 3. of arises out of: SECTION II—WHO IS AN INSURED: a. Such financial control;or 3. Any organization you newly acquire or form, b. Such person's or organization's other than a partnership or joint venture,and ownership, maintenance or use of of which you are the sole owner or in which premises leased to or occupied by you. you maintain an ownership interest of more than 50%,will qualify as a Named Insured if The insurance provided to such person or there is no other similar insurance available organization does not apply to structural to that organization. However: alterations, new construction or demolition a. Coverage under this provision is operations performed by or on behalf of such person or organization. afforded only: (1) Until the 180th day after you acquire 2. The following is added to Paragraph 4. of SECTION II WHO IS AN INSURED: or form the organization or the end — of the policy period, whichever is This paragraph does not apply to any earlier, if you do not report such premises owner, manager or lessor that has organization in writing to us within financial control of you. 180 days after you acquire or form it; G. BLANKET ADDITIONAL INSURED — or MORTGAGEES, ASSIGNEES, SUCCESSORS (2) Until the end of the policy period, OR RECEIVERS when that date is later than 180 days The following is added to SECTION II—WHO IS after you acquire or form such AN INSURED: organization, if you report such organization in writing to us within Any person or organization that is a mortgagee, 180 days after you acquire or form it; assignee, successor or receiver and that you b. Coverage A does not apply to "bodily have agreed in a written contract or agreement injury" or "property damage" that to include as an additional insured on this occurred before you acquired or formed Coverage Part Is an insured, but only with the organization; and respect to its liability as mortgagee, assignee, successor or receiver for"bodily injury","property c. Coverage B does not apply to "personal damage" or "personal and advertising injury" and advertising injury" arising out of an that: offense committed before you acquired a. Is "bodily injury" or "property damage" that or formed the organization. occurs, or is"personal and advertising injury" For the purposes of Paragraph 1. of Section caused by an offense that is committed, II — Who Is An Insured, each such CG D3 79 02 19 ©2017 The Travelers IndemnityCompany.All rights reserved. Page 3 of 6 Includes copyrighted material of Insurance Serices Office,Inc.with its permission. Policy#630-5X487435 COMMERCIAL GENERAL LIABILITY subsequent to the signing of that contract or openings, sidewalk vaults, elevators, street agreement;and banners or decorations. b. Arises out of the ownership, maintenance or I. BLANKET ADDITIONAL INSURED — use of the premises for which that GOVERNMENTAL ENTITIES — PERMITS mortgagee, assignee, successor or receiver OR AUTHORIZATIONS RELATING TO is required under that contract or agreement OPERATIONS to be included as an additional insured on The following is added to SECTION II—WHO IS this Coverage Part. AN INSURED: The insurance provided to such mortgagee, assignee, successor or receiver is subject to the Anyuth governmentalnentity that ehcts issued a perms following provisions: or authorization with respect to operations performed by you or on your behalf and that you a. The limits of insurance provided to such are required by any ordinance, law, building code mortgagee, assignee, successor or receiver or written contract or agreement to include as an will be the minimum limits that you agreed to additional insured on this Coverage Part is an provide in the written contract or agreement, insured, but only with respect to liability for or the limits shown in the Declarations, "bodily injury", "property damage" or "personal whichever are less. and advertising injury" arising out of such b. The insurance provided to such person or operations. organization does not apply to: The insurance provided to such governmental (1) Any"bodily injury" or "property damage" entity does not apply to: that occurs, or any "personal and a. Any "bodily injury", "property damage" or advertising injury" caused by an offense "personal and advertising injury" arising out that is committed, after such contract or of operations performed for the agreement is no longer in effect; or governmental entity; or (2) Any"bodily injury", "property damage"or b. Any "bodily injury" or "propertydamage" "personal and advertising injury" arising included in the "products-completed out of any structural alterations, new operations hazard". construction or demolition operations J. INCIDENTAL MEDICAL MALPRACTICE performed by or on behalf of such mortgagee, assignee, successor or 1. The following replaces Paragraph b. of the receiver. definition of "occurrence" in the H. BLANKET ADDITIONAL INSURED — DEFINITIONS Section: GOVERNMENTAL ENTITIES — PERMITS OR b. An act or omission committed in AUTHORIZATIONS RELATING TO PREMISES providing or failing to provide "incidental The following is added to SECTION II—WHO IS medical services", first aid or "Good AN INSURED: Samaritan services"to a person, unless you are in the business or occupation of Any governmental entity that has issued a permit providing professional health care or authorization with respect to premises owned services. or occupied by, or rented or loaned to, you and 2. The following replaces the last paragraph of that you are required by any ordinance, law, Paragraph 2.a.(1) of SECTION II—WHO IS building code or written contract or agreement to AN INSURED: include as an additional insured on this Unless you are in the business or occupation Coverage Part is an insured, but only with of providing professional health care respect to liability for "bodily injury", "property services, Paragraphs(1)(a), (b), (c) and (d) damage" or "personal and advertising injury" above do not apply to "bodily injury" arising arising out of the existence, ownership, use, out of providing or failing to provide: maintenance, repair, construction, erection or removal of any of the following for which that (a) "Incidental medical services" by any of governmental entity has issued such permit or your "employees" who is a nurse, authorization: advertising signs, awnings, nurse assistant, emergency medical canopies, cellar entrances, coal holes, technician, paramedic, athletic trainer, driveways, manholes, marquees, hoist away audiologist, dietician, nutritionist, Page 4 of 6 ©2017 The Travelers IndemnityCompany.All rights reserved. CG D3 79 0219 Includes copyrighted material of Insurance Ser4ces Office,Inc.with its permission. Policy#630-5X487435 COMMERCIAL GENERAL LIABILITY occupational therapist or occupational that is available to any of your"employees" therapy assistant, physical therapist or for"bodily injury" that arises out of providing speech-language pathologist;or or failing to provide "incidental medical (b) First aid or "Good Samaritan services" services" to any person to the extent not by any of your"employees"or"volunteer subject to Paragraph 2.a.(1) of Section II — workers", other than an employed or Who Is An Insured. volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS—INCREASED LIMIT or"volunteer workers" providing or failing The following replaces Paragraph 7. of to provide first aid or "Good Samaritan SECTION III—LIMITS OF INSURANCE: services"during their work hours for you will be deemed to be acting within the 7. Subject to Paragraph 5. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any 3. The following replaces the last sentence of one person,and will be the higher of: Paragraph 5. of SECTION III — LIMITS OF a. $10,000; or INSURANCE: For the purposes of determining the b. The amount shown in the Declarations of applicable Each Occurrence Limit, all related this Coverage Part for Medical Expense acts or omissions committed in providing or Limit. failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION—PROFESSIONAL LIABILITY services"to any one person will be deemed The following is added to Paragraph 4.b., to be one"occurrence". Excess Insurance, of SECTION IV — 4. The following exclusion is added to COMMERCIAL GENERAL LIABILITY Paragraph 2., Exclusions, of SECTION I — CONDITIONS: COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE This insurance is excess over any of the other LIABILITY: insurance, whether primary, excess, contingent Sale Of Pharmaceuticals or on any other basis, that is Professional Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION — pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACT knowledge or consent of the insured. OR AGREEMENT 5. The following is added to the DEFINITIONS Section: The following is added to Paragraph 8.,Transfer "Incidental medical services"means: Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x- LIABILITY CONDITIONS: ray or nursing service or treatment, If the insured has agreed in a written contract or advice or instruction, or the related furnishing of food or beverages; or agreement to waive that insured's right of recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY occurs;or CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy#630-5X487435 COMMERCIAL GENERAL LIABILITY N. CONTRACTUAL LIABILITY—RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. Page 6 of 6 ©2017 The Travelers IndemnityCompany.All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission.