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HomeMy WebLinkAboutW.A. RASIC CONSTRUCTION COMPANY, INC. (2)MAYOR Miguel A. POW MAYOR PRO TEM Michele Martinez COUNCILMEMSERS P, David Benavides Vicente Sarmlente Jose Solorlo Sal Tlna}ere Juan \Alleges ((. 61-4 xsas INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL,, DATIEP O 5 201 September 1, 2017 PUBLIC WORKS AGENCY 20 Civic Center Plaza, M36 e P,O. Box 1988 Santa Ana, California 92702 www Santa-ang.orn W.A. Rasic Construction Company, Inc. Attn: Walter A. Rasic, Jr. 4150 Long Beach Blvd. Long Beach, CA 90807 A-2014.228-01 INTERIM CITY MANAGER Cynthla J. Kurtz CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Marla D. Huizar Re, Extension of On -Call Sewer and 'Water System Repair Services Agreement No. A-2014-228 Dear Mr. Basic: Pursuant to Section 4 ("Term") of Agreement No. A-2014-228 entered into by W.A. Rasic, Construction Company and the City of Santa. Ana, dated September 16, 2014, the time period of said Agreement is hereby extended for an additional two (2) year period from September 16, 2017 to September 15, 2019. The insurance certificates are required to be extended and/or renewed to cover this extension. All other terns and conditions of said Agreement remain unchanged and in hill force and effect. If you have any questions regarding this matter, please contact the Water Resources Division at 714-647-3320. Sincerely, Fred Pavippouir Executive Director — Public Works Agency APPROVED AS TO FORM: Sonia R. Carvalho City Attorney J M, rank Assistant City Attorney c: Clerk of the Council I O ANTA AAA Cynthia J. Kurtz Interim City Manager ATTEST, Ma &a D, Iiuizar Clerk of the Council ACORa �i CERTIFICATE OF LIABILITY INSURANCE 4/20/2018 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE L;OES 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 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 endorsements . PRODUCER CONTACT NAME: PHONEExr, (714)524-4949 FAX (714)524-4940 Commercial Associates Insurance 1594 N. Batavia Street E-MAIL BESS Orange, CA 92867 INSURERS AFFORDING COVERAGE NAICN INSURER A:Travelers Indemnit Co of CT 25682 INSURED INSURER B INSURER C: W.A. Rasic Construction Co., Inc. INSURER D: 4150 Long Beach Blvd. INSURERE: Long Beach, CA 90807 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 LTR TYPE OF INSURANCE ADOL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS GENERALLIABILITY EACH OCCURRENCE $ 2, 000, 000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X T22-CO-867OX247-TCT-18 /1/2018 /1/2019 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL B ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ 4,000,000 $ 17 POLICY F7 PRO LOD AUTOMOBILE LIABILITY O (Ea BINEDI SINGLE LIMIT 2,000,000 X BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS T-810-867OX247-TCT-18 /1/2018 /1/2019 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Peraccidenl $ HIRED AUTOS NON -OWNED AUTOS Uninsured motorist Combined $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIASILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA E. L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Re: Operations usual to the named insured - Master Service Agreement - On -call emergency sewer and water systems repair services contract City of Santa Ana, its officers, employees, agents, volunteers and representatives are added as additional insured including primary wording where required by written contract as respects general liability per attached CGD246 8/05. 30 days notice of cancellation except 10 days for non-payment. CERTIFICATE City of Santa Ana 220 S. Daisy Ave., M-85 P.O. Box 1988 Santa Ana, CA 92703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Y/ I! V ACORD 25 (2010105) © 198 - 010 ACO CORPORATION. All rights reserved. I NS025(201005).01 The ACORD name and logo are register mar 1 ORD A-20t-f.22,S-01 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property, damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: L The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 A-->0j'f-Zz> -a1 COMMERCIAL GENERAL LIABILITY i. How, when and where the 'occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and Ill. The nature and location of any injury or damage arising out of the 'occurrence" or offense. b) If a claim is made or "suit' is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit' and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit' to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2005 The St. Paul Travelers Companies, Inc. �1��8� frjt 3rf� CG D2 46 08 05 A . 72-o1, - ZZR • OI �`� �® CERTIFICATE OF LIABILITY INSURANCE 5/21/2018 ) 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 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 endorsements). PRODUCER Commercial Associates Insurance 1594 N. Batavia Street Orange, CA 92867 CONTACT NAME: PHONE Fair. (714)524-4949 FAC N., (,14)524-4940 E-MAIL INSURERS AFFORDING COVERAGE NAIC# INSURERA:Travelers Prop Cas Cc of Amer 25674 INSURED W.A. Rasic Construction Co., Inc. 4150 Long Beach Blvd. Long Beach, CA 90807 INSURER B: I INSURER C: INsuRER D: INSURERE: 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 Lra TYPE OF INSURANCE ADDL SUBS POLICY NUMBER POLICY E� POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY E TO RENTED PREMISES Eaoccurrence $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ POLICY PRO LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Par accitlent) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS HAUTOS PROPERTY DAMAGE IPer accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ A WORKERS COMPENSATION X. WC STATUS OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE YIN OFFICER/MEMBER EXCLUDED? [NE] (Mandatory in NH) NIA B-7R520785-18-26-G /1/2018 /1/2019 E.L. EACH ACCIDENT $ 1 000 000 EL DISEASE - EA EMPLOYE $ 1 000 000 E.L. DISEASE - POLICY LIMIT $ 11000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Operations usual to the named insured - Master Service Agreement - On -call emergency sewer and water Systems repair services contract 30 days notice of cancellation except 10 days for non-payment. �1�4V7/- ✓�� %/ly City of Santa Ana 220 S. Daisy Ave., M-85 P.O. Box 1988 Santa Ana, CA 92703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) ©19 8 010 AC CORPORATION. All rights reserved. INS025(201005) 01 The ACORD name and logo are register s o OR I of • I -II- 2Z8 -aI �1 A�� CERTIFICATE OF LIABILITY INSURANCE D4/17 /2019v) 4/17/2019 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 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 endorsements . PRODUCER CONTACT NAME: Commercial Associates Insurance 1594 N. Batavia Street Orange, CA 92867 PHONE (719)524-4949 FAX (Tld)52d-d9d0 A/C No: EMAIL ADDRESS: INSURERB AFFORDINGCOVERAGE NAIC7t INSURER A:Travelers Indemnit Co. of CT 25682 INSURED W.A. Rasic Construction Co., Inc. INSURER B:Travelers pro Cas CO of America 25674 INSURER C: 4150 Long Beach Blvd. INSURER D: Long Beach, CA 90807 INSURER E: INSURER F: nvnrccn. 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 LTR I TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF I, POLICY EXP WMIDEINYWI, LIMITS X COMMERCIAL GENERAL LIgBILITY I EACH OCCURRENCE $ 2,000,000 A CLAIMS -MADE 1XX1 OCCUR DAMAGE T RENTED PREMISES Ea occurrence $ 300,000 X DT22-00-8670x 47-WT-19 5/1/2019 5/1/2020 MED EXP(Any one person) $ 10,000 - — PERSONAL B ADV INJURY I$ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRO- I GENERAL AGGREGATE $ 4, 000,000 POLICY L� JECT U LOB PRODUCTS - COMP/OP AGO $ 4,000,000 OTHER. $ AUTOMOBILE LIABILITY i COMBINEDt SINGLE LIMIT Lacciden$ 2,000, 000 B X ANY AUTO BODILY INJURY (Per person) $ AOI SCHEDULED _ AUTOS AUTOS DT-810-8670X247-TIL-19 5 1 2019 // 5/1/ 2020 BODILY INJURY (Par accident) ,$ _. HIREDAUTOS NUTOSWNED PROPERTY DAMAGE $ �L, accident Uninsured motorist combined $ UMBRELLA LIAB Ll OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION -PER Ul AND EMPLOYERR/PARTNERI Y/N ANY PROPRIETOR/PARTNERIEXECUTIVE _ STATUTE EERH 1 ! \ / E� OFFICER/MEMBER EXCLUDED? (Mandatory in N/A I-T` r..�'' V I�� E.L. EACH ACCIDENT $ / yes, describe under and 1 B.L. DISEASE - EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below jJ p E.L. DISEASE LIMIT -POLICY $ 42 PAGE I OF- , ---------------- DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached Umore space is required) Re: Operations usual to the named insured - Master Service Agreement - On -call emergency sewer and water systems repair services contract City of Santa Ana, its officers, employees, agents, volunteers and representatives are added as additional insured including primary wording where required by written contract as respects general liability per attached CGD246 4/19 & CGT100 2/19. 30 days notice of cancellation except 10 days for non-payment. rcOnerrwTc un, nce City of Santa Ana 220 S. Daisy Ave., M-85 P.O. Box 1988 Santa Ana, CA 92703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 8-2014 A RD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are regis red rk CORD Ii INS025 (201401) A- 2-oly.2-2g•o� COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products -Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: REVIEWED BY. COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only: a. With respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b. If, and only to the extent that, such injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract or agreement applies. Such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is subject to the following provisions: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agreement, the insurance provided to the additional insured will be limited to such minimum required limits. For the purposes of determining whether this limitation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section III — Limits Of Insurance. i J"�fiCl t n• !1 , s/v/0 (1) Any "bkGLFY" ' ope'VJFge" or "personal injury" arising out of the rove Ing, or failure to provide, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any "bodily injury" or "property damage" caused by "your work" and included in the "products -completed operations hazard" unless the written contract or agreement specifically requires you to provide such coverage for that additional insured during the policy period. c. The additional insured must comply with the following duties: (1) Give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a) How, when and where the "occurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. The insurance provided to such additional (2) If a claim is made or "suit" is brought against insured does not apply to: the additional insured: CG D2 46 0419 0 2018 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 A • 2-01 1• y7-8- o/ COMMERCIAL GENERAL LIABILITY (a) Immediately record the specifics of the claim or "suit" and the date received, and (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or"suit" as soon as practicable. (3) Immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. (4) Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover such additional insured for a loss we cover. However, this condition does not affect whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organization as a named insured as described in Paragraph 4., Other Insurance, of Section IV — tommercial General Liability Conditions. r�;EVIEWED BY. - AGE 3 � O Fes_ Page 2 of 2 0 2018 The Travelers Indemnity Company. All rights reserved. CG D2 46 04 19 A• 2ofy.y26 c, t�EVIEWED BY: COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. dOPrimary And Non -Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. a. ThAratr* , IQFDe� are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit' is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 61*41911 1. "Advertisement' means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy, you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21. © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission.