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HomeMy Public PortalAboutC-16-013 - CSG Consultants, Inc. Amendment No. 5, On-Call Planning Servicesamount of S 1,876,000,to enable the City to continue to utilize Consultant’s on-call planning services as necessary for planning staff augmentation,specialized planning services,and continuity of pending projects. G.City and Consultant intend to ratify and affirm through this Amendment the continuous and uninterrupted term of the Agreement commencing December 6,2016,and continuing through the effective date of this Amendment. TERMS 1.Contract Changes.The Agreement is amended as provided herein (new text is identified in bold italics,deleted text in strike through). a.Section 2.1,“Contract Sum,”is hereby amended as follows: “Subject to any limitations set forth in this Agreement,City agrees to pay Consultant the amounts specified in the “Schedule of Compensation”attached hereto as Exhibit “C”and incorporated herein by this reference.The total compensation,including reimbursement for actual expenses,shall not exceed One Million Eight Hundred Seventy-Six Thousand Dollars (‘$1,876,000.0O One Million Two Hundred One Thousand Dollars Sl,20l,000M0)(the “Contract Sum”),unless additional compensation is approved pursuant to Section 1.8.” b.Section 3.4,“Term,”is hereby amended as follows: “Unless earlier terminated in accordance with Article 7 of this Agreement,this Agreement shall continue in full force and effect until completion of the services but not exceeding June 30,2022 April 30,2020,except as otherwise provided in the Schedule of Performance (Exhibit “D”).The City shall have the right but not the obligation,in it sole and unfettered discretion,to extend the Term of this Agreement,in the form of one or multiple extensions,to any date not exceeding October 30,2021.” c.Section 4.1,“Representatives and Personnel of Consultant”is hereby amended to designate “Ethan Edwards”as the Principal of Consultant in place of “Paul Armstrong.” d.A new subsection (C)is hereby added to Section I of Exhibit A, “Scope of Services,”to read in its entirety as follows: “C.Projects After May 1,2020 1.Commencing from and after May 1,2020,for the remainder of this term of this Agreement,Consultant’s personnel shall work only on the following projects for the City: a.Jefferson on Avalon Project (Developer —JPJIKott); b.Imperial Avalon development project (Developer —Faring/linperial Avalon LLC);and 01007.0001/637828.5 BRJ c.District at South Bay Project —Cells 1,3,4 and 5. 2.All of Consultant’s personnel assigned to work on the projects specified in subparagraph (I)of this subsection shall be at the Principal Planner level or higher.” e.Section V of Exhibit A,“Scope of Services,”is hereby amended as follows: “Consultant will utilize the following personnel to accomplish the Services: A.Mr.Paul Armstrong Duly authorized and qua!jfied personnel as mutually deemed appropriate by consultant’s Principal and the contract Officer,subject to the provisions of this Agreement. 3.Mr.John Ramirez C.i.iiau f.Section IV of Exhibit C,“Schedule of Compensation,”is hereby amended as follows: “The total compensation for the Services shall not exceed $1,876,000.00 $1,201,000.00 as provided in Section 2.1 of this Agreement.” g.Exhibit C-i is hereby amended as follows: “The rates specified below are valid from December 6,2016 through October 31,2019.Any rate increase wIll be based on prevailing wages and negotiated with the City,provided that under no circumstances will payment to the Consultant exceed the Contract Sum,in accordance with Section 2.1. Review Type/Role All Inclusive fee/Hourly Rate Principal Planner $115 Senior Planner $90 Associate Planner $75 Assistant Planner $60 Planning Technician $50 The rates specified below will become are effectiveftom o November 1,2019 and will remain in effect through April 30,2020.Any rate increase will be based on prevailing wages and negotiated with the City,provided that under no circumstances will payment to the Consultant exceed the Contract Sum,in accordance with Section 2.1. Review Type/Role All Inclusive fee/Hourly Rate Planning Manager $160 Principal Planner $145 Senior Planner $125 Associate Planner $105 010070001/637828i BRJ Assistant Planner $85 Planning Technician $70 The rates speq/ied below will become efftctive on Ma 1,2020,and will remain in efftct tin ough June 30,2022 Any i ate increase will be based on prevailing wages and negotiated with the City,provided that under no circumstances will paym ent to the Consultant exceed the Contract Sun,,in accordance with Section 2.1. Review Type/Role All Inclusive fee/Hourly Rate Planning Manager $165 Principal Planner $150 Senior Planner $129 Associate Planner $109 Assistant Planner $88 Planning Technician $72” h.A new Section VIII is hereby added to Exhibit D,“Schedule of Performance,”to read in its entirety as follows: “VIII.Notwithstanding Section 3.4 of this Agreement,if any of the projects specified in Section I.C.1 of Exhibit “A”conclude(s)subsequent to the term expiration date specified in Section 3.4 (June 30,2022),then the term of this Agreement shall remain in effect and shall not expire until all such projects have concluded.A project ‘concludes,’for purposes of this section,when the City has rendered complete and final administrative action on the project.” i.Existing Section VIII of Exhibit D,“Schedule of Performance,”is hereby renumbered to Section IX. 2.Continuing Effect of Agreement.Except as amended by this Amendment,all provisions of the Agreement shall remain unchanged and in full force and effect.From and after the date of this Amendment,whenever the term “Agreement”appears in the Agreement,it shall mean the Agreement,as amended by this Amendment to the Agreement. 3.Affirmation of Agreement;Varranty Re Absence of Defaults.City and Consultant each ratif’and reaffirm each and every one of the respective rights and obligations arising under the Agreement.Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein.Each party represents and warrants to the other that the Agreement is currently an effective,valid,and binding obligation. Consultant represents and warrants to City that,as of the date of this Amendment,City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice,or both,would constitute a material default under the Agreement. 01007,000I!637828.5 BRJ City represents and warrants to Consultant that,as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that,with the passing of time or the giving of notice,or both,would constitute a material default under the Agreement. 4.Adequate Consideration.The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment. 5.Authority.The persons executing this Amendment on behalf of the parties hereto warrant that (i)such party is duly organized and existing,(ii)they are duly authorized to execute and deliver this Amendment on behalf of said party,(iii)by so executing this Amendment,such party is formally bound to the provisions of this Amendment,and (iv)the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] 01007.000l!63782$i BRJ GeneralLiabifity SupplementalCoverage Endorsement ZURICH Policy NO.Elf.Date of Pal.Exp.Dale of Pal.Elf Date of End Producer No.Addi Prern Return Prem. CPO-7414724-O0 02/02/2020 12)04/2020 N/A N/A N/A THIS ENDORSEMENT CHANGES THE POLICY,PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following changes apply to this Coerage Part,Hower,endorsements attached to this Corage Part will supersede any provisions to the contrary in this General Liability Supplemental Co’rage Endorsement. A.Broadened Named Insured 1.The following is added to Section lI—Who IsAn Insured: Any organization of yours,other than a partnership or joint nture,which is not shown in the Declarations,and or which you maintain an ownership interest of more than 50%of such organization as of the effectke date of this Coverage Part,will qualify as a Named Insured.However,such organization will not qualify as a Named Insured under this provision if it: a.Is newly acquired or formed during the policy period; b.Is also an insured under another policy,otherthan a policy written to apply specifically in excess of this Coverage Part;or c.Would be an insured under another policy but for its termination or the exhaustion of its limits of insurance. Each such organization remains qualified as a Named Insured only while you maintain an ownership interest of more than 50%in the organization during the policy period. 2.The last paragraph of Section 11—Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. B.Newly Acquired or Formed Organizations as Named Insureds 1.Paragraph 3.of Section lI—Who lsAn Insured is replaced by the following: 3.Any organization you newly acquire or form during the policy period,otherthan a partnership or joint venture,and over which you maintain an ownership interest of more than 50%of such organization,will qualify as a Named Insured if there is no other similar insurance available to that organization.However a.Coverage under this provision is afforded only until the l8O day after you acquire or form the organization or the end of the policy period,whichever is earlier; b.Coverage A does not apply to bodily injury’or ‘property damage”that occurred before you acquired or formed the organization;and c.Coverage B does not apply to “personal and advertising injury”arising out of an offense committed before you acquired or formed the organization. An additional premium will apply in accordance with our rules and rates in effect on the date you acquired or formed the organization. U-GLI 345-B CW (04/13) Page 1 ofl2 lncludescopyrtghted material of Insurance ServicesOffice lnc.with itsperrnission. 2.The last paragraph of Section Il—Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. C.Insured Status—Employees Paragraph 2a.(1)of Section Il—Who IsAn Insured is replaced by the following: 2.Each of the following is also an insured: a.Your”olunteerworkers”only while performing duties related to the conduct ofyour business,or your employees,other than either your “executive officers (if you are an organization other than a partnership,joint nture or limited liability company)or your managers (if you are a limited liability company),but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business.However,none of these ‘employees or ‘\olunteer workers’are insureds for (1)“Bodily injury”or personal and advertising injury’: (a)To you,to your partners or members (if you are a partnership or joint nture),to your members (if you are a limited liability company),to a co-”employee”while in the course of his or her employment or performing duties relat&i to the conduct of your business,or to your other “olunteerworkers”while performing duties related to the conduct of your business; (b)To the spouse,child,parent,brotherorsisterofthat co-employee”or”olunteerworker”as a consequence of Paragraph (1)(a)abo; (c)For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs f1)(a)or(b)abo;or (U)Arising out of his or her providing or foiling to provide professional health care services. Hower: Paragraphs (1)(a)and (1)(d)do not apply to your”employees”or”olunteer workers”,who are not employed by you or volunteering for you as health care professionals,for “bodily injury”arising out of “Good Samaritan Acts”while the”employee”or”otunteerworke’is performing duties related to the conduct ofyour business. “Good Samaritan Acts”mei any assistance of a medical nature rendered or provided in an emergency situation for which no remuneration is demanded or receid. Paragraphs (1)(a),(b)and (c)do not apply to any “employee”designated as a supervisor or higher in rank,with respect to “bodily injury”to co-”empbyees”.As used in this provision,“employees”designated as a supervisor or higher in rank means only “employees”who are authorized by you to exercise direct or indirect supervision or control or “employees”or “volunteer workers”and the manner in which work is performed, D.Additionallnsureds—Lesseesof Premises 1.Section Il—Who IsAn Insured is amended to include as an additional insured any person(s)ororganization(s) who leases or rents a part of the premises you own or manage who you are required to add as an additional insured on this policy under a written contract or written agreement,but only with respect to liability arising out of your ownership,maintenance or repair of that part of the premises which is not resen.ed for the exclusi use or occupancy of such person or organization or any other tenant or lessee, This provision does not apply after the person or organization ceases to lease or rent premises from you. Hower,the insurance afforded to such additional insured: a.Only applies to the extent permitted by law;and b.Will not be broader than that which you are required by the written cmtract or written agreement to provide for such additional insured. 2.With respect to the insurance afforded to the additional ins ureds under this endorsement,the following is added to Section III —Limits Of Insurance: U-GL-1 345-B CW (04/13) Page 2 ofl2 Includescopyrighted material of Insurance Services Office,Inc.with itspermission. The most we will pay on behalf of the additional insured is the amount of insurance: a.Required by the written contract or written agreement referenced in Subparagraph D1.aboe (of this endorsement);or b.Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph D.shall not increase the applicable Limits of Insurance shown in the Declarations. E.Additionallnsured—Vendors 1.The following change applies if this Covarage Part provides insurance to you for “bodily injury”and “property damage included in the “products-completed operations hazard: Section II —Who Is An insured is amended to include as an additional insured any person or organization (referred to throughout this Paragraph E.as vandor)who you hay agreed in a written contract or written agreement,prior to loss,to name as an additional insured,but only with respect to bodily injury”or property damage arising out of “your products which are distributed or sold in the regular course of the ndos business: Howeyr,the insurance afforded to such vandor: a Only applies to the extent permitted by law;and b.Will not be broader than that which you are required by the written contract or written agreement to provide fcc such vandor, 2.With respect to the insurance afforded to these vandors,the following additional exclusions apply: a.The insurance afforded the vendor does not apply to: (1)Bodily injury”or property damage forwhichtheyndoris obligated to pay damages by reason of the assumption of liability in a contract or agreement.This exclusion does not apply to liability for damages that the ndor would hay in the absence of the contract or agreement; (2)Any express warranty unauthorized by you; (3)Any physical or chemical change in the product made intentionally by the vandor (4)Repackaging,except when unpacked solely for the purpose of inspection,demonstration,testing,or the substitution of parts under instructions from the manufacturer,and then repackaged in the original container; (5)Any failure to make such inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products; (6)Demonstration,installation,servicing or repair operations,except such operations performed at the vandor’s premises in connection with the sale of the product; (7)Products which,after distribution or sale by you,ha been labeled or relabeled or used as a container, part or ingredient of any otherthing orsubstance by orforthe ‘,endor or (8)“Bodily injury”or “property damage’arising out of the sole negligence of the vandor for its own acts or omissions or those of its employees or anyone else acting on its behalf,Howevar,this exclusion does not apply to: (a)The exceptions contained in Subparagraphs (4)or (6);or (b)Such inspections,adjustments,tests or servicing as the ndor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products. b.This insurance does not apply to any insured person or organization,from whom you ha acquired such products,or any ingredient,part or container,entering into,accompanying or containing such products. c.This insurance does not apply to any of”your products”for which coerage is excluded under this Covarage Part. U-GL-1 345-B CW (04/13) Page 3 of 12 ncludescopyrighted materia’of Insurance ServicesOffice,nc,with itsperrnison. 3.With respect to the insurance afforded to the ndor under this endorsement,the foHowing is added to Section II —Limits Of Insurance: The most we will pay on behalf of the ndor is the amount of insurance: a.Required by the written contract or written agreement referenced in Subparagraph El.abo (of this endorsement);or b.Ailable under the applicable Limits of Insurance shown in the Declarations, whicher is less. This Paragraph E.shall not increase the applicable Limits of Insurance shown in the Declarations, F.Additional Insured —Managers,Lessors or Governmental Entity 1.Section II —Who Is An Insured is amended to include as an insured any person or organization who is a manager,lessor or goemmental entity who you are required to add as an additional insured on this policy under a written contract,written agreement or permit,but only with respectto liability fOr “bodily injury”, “property damage”or personal and adrtising injury caused,in whole or in part,by: a.Your acts or omissions;or b.The acts or omission of those acting on your behal and resulting directly from: a.Operations performed by you or on your behalf for which the state or political subdision has issued a permit; b.Ownership,maintenance,occupancy or use of premises by you;or c.Maintenance,operation or use by you of equipment leased to you by such person or organization. Hower,the insurance afforded to such additional insured: a.Only applies to the extent permitted by law;and b.Will not be broader than that which you are required by the written contract or written agreement to pro’Ade for such additional insured. 2.This prosion does not apply: a.Unless the written contract or written agreement has been executed,or the permit has been issued,prior to the bodily injury”,“property damage’or offense that caused “personal and adrtising injury’; b.To any person or organization included as an insured under Paragraph 3.of Section Il—Who Is An Insured; c.To any lessor of equipment if the “occurrence’or offense takes place after the equipment lease exres; U.To any: (1)Owners or other interests from whom land has been leased by you;or (2)Managers or lessors of premises,it (a)The “occurrence or offense takes place after the expiration of the lease or you cease to be a tenant in that premises; (b)The “bodily injury”,“property damage”or”personal and adrtising injury”arises out of the structural alterations,new construction or demolition operations performed by or on behalf of the manager or lessor;or (C)The premises are excluded under this Co’erage Part. 3.With respect to the insurance afforded to the additional insureds under this endorsement,the following is added to Section lii—Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a.Required by the written contract or written agreement referenced in Subparagraph F.l.above (of this endorsement);or U-GL-1 345-B CW (04/13) Page4 of 12 neludescopyrighted mateñal of Insurance ServicesOffice,nc.,with itspermison. b.Ailable under the applicable Limits of Insurance shown in the Declarations, whiche.er is less. This Paragraph F.shall not increase the applicable Limits of Insurance shown in the Declarations. G.Damage to Premises Rented or Occupied by You 1.The last paragraph under Paragraph 2.Exclusions otSection I —Coverage A —Bodily Injury And Property Damage Liability is replaced by the following: Exclusions c.through n.do not apply to damage by specific perils to premises while rented to you or temporarily occupied by you with permission of the owner.A separate Damage To Premises Rented To You Limit of Insurance applies to this corage as described in Section III —Limits Of Insurance. 2.Paragraph 6.of Section III —Limits Of Insurance is replaced by the following: 6.Subject to Paragraph 5.above,the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of”property damage to any one premises while rented to you or in the case of damage by one or mote “specific perils to any one premises,while rented to you or temporarily occupied by you with permission of the owner. H.Broadened Contractual Liability The insured contract definition under the Definitions Section is replaced by the following: “Insured contract”means: a.A contract for a lease of premises.However,that portion of the contractfora lease of premises that indemnifies any person or organization for damage by specific perils to premises while tented to you or temporarily occupi by you with permission of the owner is not an insured contract; b.A sidetrack agreement; c.Any easement or license agreement; U.An obligation,as required by ordinance,to indemnify a municipality,except in connection with work for a municipality; e.An elevator maintenance agreement; f.That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality)under which you assume the tort liability of another party to pay for”bodily injury”,“property damage”,or”personal and advertising injury’arising out of the offenses of false arrest,detention or imprisonmeit,to a third person or organization.Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1)That indemnifies an architect,engineer or surveyor for injury or damage arising out ot (a)Preparing,approving,or failing to prepare or approve,maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications;or (b)Giving directions or instructions,or failing to give them,if that is the primary cause of the injury or damage;or (2)Under which the insured,if an architect,engineer or surveyor,assumes liability for an injury or damage arising out of the insured’s rendering or failure to render professional services,including those listed in Paragraph (1)above and supervisory,inspection,architectural or engineering activities. Definition —Specific Perils The following definition is added to the Definitions Section: “Specific perils”means: a.Fire; b.Lightning; c.Explosion; U-CL-i 345-B CW (04/13) Page5 of 12 Includes copyrighted material of Insurance Services Office,Inc.with itspennission U.Windstorm or hail; e.Smoke; f.Aircraft orhicles; g.Vandalism; it Weight of snow,ice orsleet; I.Leakage from fire extinguishing equipment,including sprinklers;or j.Accidental discharge or leakage of waterer steam from any part of a system or appliance containing water or steam, J.Limited Contractual Liability Coverage —Personal and Advertising Injury 1.Exclusion e.of Section I —Coverage B —Personal And Advertising Injury Liability is replaced by the following: 2.Exclusions This insurance does not apply to: e.Contractual Liability ‘Personal and adrtising injury’for which the insured has assumed liability in a contractor agreement. This exclusion does not apply to: (1)Liability for damages that the insured would hae in the absence of the contract or agreement;or (2)Liability for personal and advertising injury it (a)The personal and adertising injury arises out of the offenses of false arrest,detention or imprisonment; (b)The liability pertains to your busins and is assumed in a written contract or written agreement in which you assume the tort liability of another,Tort liability means a liability that would be imposed by law in the absence of any contract or agreement;and (c)The personal and athertising injury”occurs subseqrent to the execution of the written contract or written agreement. Solely for purposes of liability so assumed in such written contract orwritten agreement reasonable attomey fees and necessary litigation expenses incurred by orfora party otherthan an insured are deemed to be damages because of personal and athertising injury described in Paragraph (a) above,proAded: (i)Liability to such party for,orforthe cost of,that party’s defense has also been assumed in the same written contract or written agreement;and (ii)Such attomey fees and litigation expenses are for defense of that party against a cMl or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2.Paragraph 2.d.of Section I —Supplementary Payments —Cove rages A and B is replaced by the following: d.The allegations in the “suit and the information we know about the ‘occurrence or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; 3.The following is added to the paragraph directly following Paragraph 2.f.of Section I —Supplementary Payments—CoveragesA and B: Notwithstanding the proAsions of Paragraph 2.e.(2)of Section I —Coverage B —Personal And Athertising Injury Liability,such payments will not be deemed to be damages for personal and athertising injury’and will not reduce the limits of insurance. K.Supplementary Payments The following changes apply to Supplementary Payments—CoveragesA and B: Paragraphs 1.b.and 1.d,are replaced by the following: U-CL-i 345-B CW (04/13) Page6 ofl2 ncludesccpyrighted mated&of Insurance ServicesOffice,nc with Ispermission b.Up to $2500 for the cost of bail bonds requited because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coecage applies.We do not hae to fomish these bonds. U.All reasonable expenses incurred by the insured at ourrequestto assist us in the investigation ordefense of the claim or ‘suit”including actual loss of earnings up to $500 a day because of time off from work. L.Broadened Property Damage 1.Property Damage to Contents of Premises Rented Short-Term The paragraph directly following Paragraph (6)in Exclusion j.of Section I —Coverage A —Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1),(3)and (4)of this exclusion do not apply to property damage”to premises (other than damage by “specific perils’),including ‘property damage’to the contents of such premises,rented to you under a rental agreement for a period of 14 or fewer consecutive days.A separate Limit of Insurance applies to Damage to Premises Rented to You as described in Section III—Limits Of Insurance. 2.Elevator Property Damage a.The following is added to Exclusion j.of Section I —Coverage A —Bodily Injury And Property Damage Liability: Paragraphs (3)and (4)of this exclusion do not apply to ‘property damage”arising out of the use of an elevator at premises you own,rent or occupy. b.The following is added to Section III —Limits Of Insurance: Subject to Paragraph 5.abo’,the most we will pay under Corage A for damages because of property damage to property loaned to you or personal property in the care,custody or control of the insured arising out of the use of an elevator at premises you own,rent or occupy is $25000 per ‘occurrence”. 3.Property Damage to Borrowed Equipment a.The following is added to Exclusionj.of Section I —Coverage A —Bodily Injury And Property Damage Liability: Paragraph (4)of this exclusion does not apply to “property damage”to equipment yon borrow from others at a jobsite, b.The following is added to Section Ill—Limits Of Insurance: Subject to Paragraph 5.above,the most we will pay under Coverage A for damages because of ‘property damage”to equipment you borrow from others is $25000 per “occurrence”. M.Expected or Intended Injury or Damage Exclusion a.of Section I —Coverage A —Bodily Injury And Property Damage Liability is replaced by the following. a.Expected Or Intended Injury Or Damage “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 parsons or property. N.Definitions—Bodily Injury The “bodily injury”definition under the Definitiors Section is replaced by the following: “Bodily injury”means bodily injury,sickness or disease sustained by a person.including mental anguish,mental injury,shock,fright or death sustained by that person which results from that bodily injury,sickness or disease. 0.Insured Status—AmateurAthietic Participants Section N —Who Is An Insured is amended to indude as an insured any person you sponsorwhile participating in amateur athletic activities.However,no such person is an insured for a.“Bodily injury”to: (1)Your”employee”,“olunteerworker”orany person you sponsorwhile participatingin such amateur athletic activities,or U-GLI 345 B CW (04/13) Page 7 of 12 ncludescopyrighted mate,ia of Insurance ServicesOffice,nc,,with itspennssion. (2)You,any partner or member (if you are a partnership or joint nture),or any member (if you are a limited liability company)while participating in such amateur athletic activities;or b.Property damage to property owned by,occupied or used by,rented to,in the care,custody or control of,or over which the physical control is being exercised for any purpose by: (1)Your employee,‘\olunteer worker”or any person you sponsor,or (2)You,any partner or member (if you are a partnership or joint venture),or any member (if you are a limited liability company). P.NonOwned Aircraft,Auto and Watercraft Exclusion g.of Section I —Coverage A —Bodily Injury And Property Damage Liability is replaced by the following: g.Aircraft,Auto OrWatercraft ‘Bodily injury or ‘property damage”arising out of the ownership,maintenance,use orentrustment to others of any aircraft,“auto”or watercraft owned or operated by or rented or loaned to any insured.Use includes operation and “loading or unloading”. 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”involved the ownership,maintenance,use or entmstment to others of any aircraft,“auto”or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1)A watercraft while ashore on premises you own or rent; (2)A watercraft you do not own that is: (a)Less than 51 feet long;and (b)Not being used to carry persons for a charge; (3)Parking an “auto”on,or on the ways next to,premises you own or rent,provided the “auto”is not owned by or rented or loaned to you or the insured; (4)Liability assumed under any “insured contract”for the ownership,maintenance or use of aircraft or watercraft; (5)An aircraft that is hired or chartered by you or loaned to you,with a paid and licensed crew,and is not owned in whole or in part by an insured;or (6)“Bodily injury”or “property damage”arising out of (a)The operation of machinery or equipment that is attached to,or part of,a land vehicle that would q ualify under the definition of “mobile equipment”if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged;or (b)The operation of any of the machinery or equipment listed in Paragraph f(2)or f.(3)of the definition of “mobile equipment”, Q.Definitions —Leased Worker,Temporary Worker and Labor Leasing Firm 1.The “leased worker”and “temporary worker”definitions under the Definitions Section are replaced by the following: “Leased worker’means a person leased to you by a “labor leasing firm”under a written agreement between you and the “labor leasing firm”,to perform duties related to the conduct of your business.“Leased worker’does not include a “temporary worker’. “Temporary worker”means a person who is furnished to you to support or supplement your work force during “employee”absences,temporary skill shortages,uptums ordowntumsin business orto meet seasonal or short- term workload conditions,“Temporary worker’does not include a “leased worker”, 2.The following definition is added to the Definitions Section: “Labor leasing firm”means any person or organization who hires out workers to others,including any: a Employment agency,contractor or services; b.Professional employer organization;or U-GL-1 345-B CW (04/13) Page 8 of 12 ncludes copyrighted material of Insurance SeMcesOffice,Inc.,with its permission, c.Temporary help service. R.Definition Mobile Equipment Paragraph f.of the mobile equipment definition under the Definitions Section is replaced by the following: f.Vehicles not described in Paragraph a,b.,c.or U.above maintained primarily for purposes other than the transportation of persons or cargo. However,self-propelled vehicles with the following types of permanently attached equipment,exceeding a combined gross vehicle weight of 1000 pounds,are not mobile equipmenr’but will be considered “autos”: (1)Equipment designed primarily for (a)Snow removal; (b)Road maintenance,but not construction or resurfacing;or (c)Street cleaning; (2)Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers;and (3)Air compressors,pumps and generators,including spraying,welding,building cleaning,geophysical exploration,lighting and well servicing equipment S.Definitions —Your Product and Your Work The your product and your work definitions under the Definitions Section are replaced by the following: Your product”: a.Means: (1)Any goods or products,other than real property,manufactured,sold,handled,distributed ordisposed of by: (a)You; (b)Others trading under your name;or (c)A person or organization whose business or assets you have acquired;and (2)Containers (other than vehicles),materials,parts orequipmentfiirnished in connecon with such goods or products b.Includes: (1)Warranties or representations maie at any time with respect to the fitness,quality durability performance use,handling,maintenance,operation or safety of your product;and (2)The providing of or failure to provide wamings or instructions. c.Does not include vending machines or other property rented to or locat for the use of others but not sold. Your work: a.Means: (1)Work,services or operations performed by you or on your beha[and (2)Materials,parts or equipment furnished in connection with suchwork,services or operations. b.Includes: (1)Warranties or representations maie at any time with respectto the fitness,quality,durability performance, use,handling,maintenance,operation or safety of your work;and (2)The providing of or failure to provide warnings or instructions. T.Priority Condition The following paragraph is added to Section III —Limits Of Insurance: UGL-1 345B CW (04/13) Page 9 of 12 nd udescopyrighted material of Insurance SeMcesOfflce,Incwith its permission In the ent a claim is made or suit’is brought against more than one insured seeking damages because of “bodily injury”or “property damage”caused by the same “occurrence”or ‘personal and adertising injury”caused by the same offense,we will apply the Limits of Insurance in the following order: (a)You; (b)Your”executi officers”,partners,directors,stockholders,members,managers (if you are a limited liability company)or “employees”;and (c)Any other insured in any order that we choose. U.Duties in the Event of Occurrence,Offense,Claim or Suit Condition The following paragraphs are added to Paragraph 2.Dutiesln The EventOf Occurrence,Offense,Claim Or Suit of Section IV —Commecial General Liability Conditions: Notice of an “occurrence’or of an offense which may result in a claim under this insurance or notice of a claim or “suit”shall be gi’en to us as soon as practicable after knowledge of the “occurrence’,offense,claim or “5 u t”has been reported to any insured listed under Paragraph 1.of Section II —Who Is An Insured or an “employee”authorized by you to gi or recei’e such notice.Knowledge by other “employees”of an “occurrence”,offense,claim or “suit” does not imply that you also ha’e such knowledge. In the event that an insured reports an “occurrence”to the workers compensation carrier of the Named Ins u red and this “occurrence”later develops into a General Liability claim,covered by this Corage Part,the insured’s failure to report such “occurrence”to us at the time of the “occurrence”shall not be deemed to be a violation of this Condition. You must,however,gi us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim. V.Other Insurance Condition Paragraphs 4a.and 4b(f)of the Other Insurance Condition of Section IV —Commercial General Liability Conditions are replaced by the following: 4.Other Insurance If other valid and collectible insurance is available to the insured for a loss we covar under Coverages A or B of this Corage Part,our obligations ate limited as follows: a.Primary Insurance This insurance is primary except when Paragraph b.below applies.If this insurance is primary,our obligations are not affected unless any of the other insurance is also primary.Then,we will share with all that other insurance by the method described in Paragraph c.below,Howeer,this insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: (1)The additional insured is a Named Insured under such other insurance;and (2)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. Other insurance includes any type of self insurance or other mechanism by which an insured arranges for fonding of its legal liabilities. b.Excess Insurance (1)This insurance is excess o’er: (a)Any of the other insurance,whether primary,excess,contingent or on any other basis: (i)That is property insurance,Builders Risk,Installation Risk or similar covarage for “your work”; (ii)That is property insurance purchased by you (including any deductible or self insurance portion thereof)to cor premises rented to you or temporarily occupied by you with permission of the owner; fiii)That is insurance purchased by you (including any deductible or self insurance portion thereof)to covar your liability as a tenant for “property damage”to premises rented to you or temporarily occupied by you with permission of the owner; UGL1 345B CW (04/13) Page 10 ofl2 ncludescopyiighted material of Insurance ServicesOffice.nc.,with tspermission, (iv)If the loss arises out of the maintenance or use of aircraft,autos orwatercraft to the extent not subject to Exclusion g.of Section —Coverage A —Bodily Injury And Property Damage Liability; or (v)That is property insurance (including any deductible or self insurance portion thereof)purchased by you to cover damage to: Equipment you borrow ftom others;or Property loaned to you or personal property in the care,custody or control of the insured arising out of the use of an elevator at premises you own,rent or occupy. (b)Any other primary insurance (including any deductible or self insurance portion thereof)available to the insured covering liability for damages arising out of the premises,operations,products,work or services for which the insured has been granted additional insured status either by policy provision or attachment of any endorsement.Other primary insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. fc)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”,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 written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. W.Unintentional Failure to Disclose All Hazards Paragraph 6.Representations of Section IV —Commercial General Liability Conditions is replaced by the following: 6.Representations By accepting this policy,you agree: a.The statements in the Declarations are accurate and comrete; b.Those statements are based upon representations you made to us;and c.We have issued this policy in reliance upon your representations. Coverage will continue to apply if you unintentionally: a.Fail to disclose all hazards existing at the inception of this policy;or b.Make an error,omission or improper description of premises or other statement of information stated in this policy 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 inception of this Coverage Part, X.Waiver of Right of Subrogation Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV —Commercial General Liability Conditions is replaced by the following: 8.Transfer Of Rights Of Recovery Against Others To Us a.If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transfurred to us.The insured must do nothing after loss to impair them.At our request, the insured will bring “suit”ortransfer those rights to us and help us enforce them. b.If the insured waives its right to recover payments for injury or damage from another person or organization in a written contract executed prior to a loss,we waive any right of recovery we may have against such person or organization because of any payment we have made under this Coverage Part. The written contract will be considered executed when the insured’s performance begins,orwhen it is signed,whichever happens first.This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-1345B CW (D4u1 3) Page 11 ofl2 ncudescopyñghted materiaoNnsurance Servicesoffice,Incwith itspermison. Y.Liberalization Condition The following condition is added to Secbon IV—Commercial General Liability Conditions: Liberalization Clause If we revise this Coverage Part to broaden coverage without an additional premium charge,your policy will automatically proAde the additional coverage as of the day the revision is effective in the state shown in the mailing address of your policy. All other terms and conditiais of this policy remain unchanged. UGL1 345B CW (04/13) Page 120f12 ncfudescopyrighted matea of naurance SeniicesOffice,newith tspermwion. Coverage Extension Endorsement ZURICH [Pokey No Eff Date of Po Exp Date of Po Eti Date of End Producer No Add’t Prern Return Prem PO 741472400 02(0212020 12/04/2020 09109000 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 borrow to transport your clients or other persons in activities necessary to your business. c.Anyone else who furnishes an “auto”referenced in Paragraphs A.1.a.and A.tb.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 Form: Coverage for any person(s)or organization(s),where requited 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. 8.Amendment —Supplementary Payments Paragraphs a.(2)and a.(4)of the Coverage Extensions Provision in Section II —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 covet.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 II —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 II —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 UI —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 Damage 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 for a covered “auto”,less: a.Any amount paid under the Physical Damage Coverage Section of the Coverage Form;and b.Any: (1)Overdue lease or loan payments at the time of the “loss”; (2)Financial penalties imposed under a lease for excessive use,abnormal wear and tear 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.2.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 is 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 Loss 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: U-CA-424-F CW (04-14) Page 2 of 6 Includes copyrighted material of Insurance Services Office nc ,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. 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 BAa.of Section Ill —Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c,of Section IV —Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2.The following is added to Paragraph ta,Comprehensive Coverage under 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”. UCA424F CW (04-14) Page 3 of 6 Includes copyrighted material of Insurance Services Office.Inc.,with its permission. K.Airbag Coverage The Exclusion in Paragraph B.3.a.of Section III —Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.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 $5000 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 service 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. 0.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 ate a partnership),a member (if you are a limited liability company)or an executive officer or insurance manager (if you are a corporation).The failure of any U-CA-424-F CW (04-14) Page 4 of 6 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 Rights 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,executed 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 tnsurance 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 coveted “auto”you lease,hire,rent or borrow;and (2)Any covered “auto”hired or tented under a written contract or written agreement entered into by an “employee”or elected or appointed official 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 Failure 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.(5)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 OW (04-14) Page 5 of 6 ncludes copyrighted materiai 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 AAa.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 $1000 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 “loss. 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 10%of the cost of the replacement “auto”,excluding tax,title,license,other fees and any aftermarket vehicle upgrades,up to a maximum of $2500.The covered “auto”must be replaced by a hybrid “auto”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, either 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 gasoline engine.An “auto”solely propelled by biofuel,gasoline or diesel fuel or any blend thereof is not an “auto”powered 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 (0414) Page 6 of 6 ncudes copyrighted material of Insurance Services Office,inc.,with its permission WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 lOB -(Ed.9-14) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce out 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 The additional premium for this endorsement shall be 2%of the total manual premium otherwise due on such remuneration.The minimum premium for this endorsement is $350. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE BLANKET WAIVER PersonlOrganization Blanket Waiver —Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium All CA Operations 3196.00 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 12/04/2019 Policy No CSWC 036787 Endorsement No Insured Premium $ Insurance Company Redwood Fire And Casualty Insurance WC 9904 lOB (Ed.9-14) THIS ENDORSEMENT CHANGES THE POUCY.PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION -CERTIFICATE HOLDERS (SPECIFIED DAYS) The person(s)or organization(s)listed or described in the Schedule below have requested that theyreceivewrittennoticeofcancellationwhenthispolicyiscancelledbyus.We will mail or deliver to the Person(s)or Organization(s)listed or described in the Schedule a copy of the written notice ofcancellationthatwesenttoyou.If possible,such copies of the notice will be mailed at least 30 days, except for cancellation for non-payment of premium which will be mailed 10 days,prior to the effective date of the cancellation,to the address or addresses of certificate holders as provided by your broker or agent. Schedule Person(s)or Organization(s)including mailing address: All certificate holders where written notice of the cancellation of this policy is required by written contract,permit or agreement with the Named Insured and whose names and addresses will be provided by the broker or agent listed in the Declarations Page of this policy for the purposes of complying with such request. This notification of cancellation of the policy is intended as a courtesy only.Our failure to provide suchnotificationtotheperson(s)or organization(s)shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy.This endorsement does not entitle the person(s)or organization(s)listed or described in the Schedule above to any benefit,nghts orprotectionunderthispolicy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. All other terms and conditions of this policy remain unchanged. Endorsement Number:7 Policy Numb.PAAEP00088O4 Named Insured:CSG Consultants,Inc. This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date:December 4,2019 00ML0087001110 Pagelofl C16-013 CSGCONS-01 MHILI r AcoRU- CERTIFICATE OF LIABILITY INSURANCE �� DATEfMMIODNYYY) 121212020 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 1S 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 t0 the certificate holder in lieu of such endorsement(s). PRODUCER CO ACT Melissa Hill Alliant Insurance Services, Inc. 575 Market St Ste 3600 San Francisco, CA 94105 ucONE Eat : 415 94&7500 FAX No Imss, melissa.hill@alliant com INSURER(911 AFFORDING COVERAGE NAIC 0 171412021 INSURER A : TraYBI@rS Prop" Casual Company of America 25674 DAMAGE TO S 1,000,000 INSURED INSURER 8; Travelers lndemni Company of America 25666 INSURERC :Arch Insurance ComRany 11150 CSG Consultants, Inc. INSURER D : 550 Pilgrim Drive Foster City, CA 94404 INSURER E INSURER F AUTOMOBILE IXANY 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 SUBR POLICY NUMBER POLICY EFFITR POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE = OCCUR X X 660 -511143841 -TIL -20 121412020 171412021 EACH OCCURRENCE S 1,()00,000 DAMAGE TO S 1,000,000 MED EXP (Any one person $ 10,000 PERSONAL & ADV INJURY S 1,()0(),()00 N'L AGGREGATE LIMIT APPLIES PER POLICY j LOC ROTHER: GENERAL AGGREGATE S 2.000,000 PRODUCTS - COMPIOP AGG S 2,000,000 $ A AUTOMOBILE IXANY LIABILITY AUTO OWNED SCHEDULEDAUTOSONLY AUOTrypSyyNEp AONLY AUTOS ONLYPP nP�edAutosI X X 810 -5R143576 -20-43-G 121412020 12/412021 COMBINED SINGLE LIMIT S 1,000,0()0 BODILY INJURY Per S BRODILYINJURY Peraccidenl S erOacaAMAGE! Comp/Coll Ded. S 2,000 B X UMBRELLA LIAR EXCESSLIAB X OCCUR CLAIMS -MADE UP -61N34906 -20 -NF 121412020 12/412021 EACH OCCURRENCE S 110001000 AGGREGATE S 1,000'000 DEO I I RETENTIONS S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERlE%SCUTIVE YIN RCEgqlM Mg��EXCLUDED? Wandalury In NHy If es. describe under DESCRIPTION OF OPERATIONS below NIA X UB -5R/47157 -20-43-G 171412020 '121412021 X I PER UTE [:TH- E L. EACH ACCIDENT S 1,000,000 E L. DISEASE - EA EMPLOYE S 1,()()(),000 E L DISEASE - P Li Y LIMIT S 1,66(),000 C Professional Liab. X PAAEP0008805 12/412020 121412021 $5,000,000 Agg; Dad: 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) re: Contract Services Agreement for Development Review, Land Use Planning & Public Relations. City of Carson, a California municipal corporation, Its elected and appointed officers, employees and agents are included as additional Insureds on a Primary & Non -Contributory basis on GL & Auto with Waiver of Subrogation and 30 Day Notice of Cancellation per attached. Waiver of Subrogation an WC and 30 Day Notice of Cancellation on Professional per attached. Contractual Liability on Professional & 30 Day Notice of Cancellation on WC is not available. Waiver of Subrogation on Professional applies. Auto Form CA0001 is on 03106 edition. CERTIFICATE HOLDER CANCELLATION r SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of CarsonTHE �J4 ACCORDANCE WITH THE POLICY PROVI5 ONTION DATE THEREOF, TSCE WILL BE DELIVERED IN Attn: Maria 1 City of Carson ^� 701 East Carson St l� AUTHORIZED REPRESENTATIVE ii,. �� Carson, CA 90745 1218/2020 ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy # B 10-58143576-20-43-G COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medicat 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 I�sting 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 D. EMPLOYEES AS INSURED E- SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE—INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COVERAGE.- Any OVERAGE:Any organization you newly acquire or form during the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1.. Who Is An Insured, of SECTION II — LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS as an additional insured for Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSINESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: CA T3 53 08 17 ,., 2016 The Travelers Indemnity Company All rights reserved. Page 1 of 4 Includes copyrighted matenai or Insurance Servlces Office, Inc with its permission Policy # 810-58143576-20-43-G COMMERCIAL AUTO (1) Any covered "auto" you lease, hire, liability company) or members of their rent or borrow; and households. (2) Any covered "auto" hired or rented by (1) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while of the United States of America, Puerto performing duties related to the Rico and Canada: conduct of your business. (a) You must arrange to defend the However, any "auto" that is leased, hired, "insured" against, and investigate or rented or borrowed with a driver is not a settle any such claim or "suit" and covered "auto". keep us advised of all proceedings D. EMPLOYEES AS INSURED and actions. The following is added to Paragraph A.1., Who Is (b) Neither you nor any other involved An Insured, of SECTION II — LIABILITY "insured" will make any settlement COVERAGE: without our consent. Any "employee" of yours is an "insured" while (c) We may, at our discretion, participate using a covered "auto" you don't own, hire or in defending the "insured" against, or borrow in your business or your personal affairs. in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS — INCREASED "suit". LIMITS (d) We will reimburse the "insured": 1. The following replaces Paragraph A.2.a.(2), (i) For sums that the "insured" of SECTION 11— LIABILITY COVERAGE: legally must pay as damages (Z) Up to $3,000 for cost of bail bonds because of "bodily injury" or (including bonds for related traffic law property damage to which this violations) required because of an insurance applies, that the "insured" pays with our consent, "accident" we cover. We do not have to but only up to the limit described furnish these bonds. in Paragraph C., Limit Of 2. The following replaces Paragraph A.2.a.(4), Insurance, of SECTION it — of SECTION II — LIABILITY COVERAGE: LIABILITY COVERAGE; (4) All reasonable expenses incurred by the (ii) For the reasonable expenses "insured" at our request, including actual incurred with our consent for your loss of earnings up to $500 a day investigation of such claims and because of time off from work. your defense of the "insured" F. HIRED AUTO — LIMITED WORLDWIDE against any such "suit", but only COVERAGE — INDEMNITY BASIS up to and included within the limit The following replaces Subparagraph e. in described in Paragraph C., Limit Paragraph B.7., Policy Term, Coverage Of Insurance, of SECTION II — Territory, of SECTION IV — BUSINESS AUTO LIABILITY COVERAGE, and not CONDITIONS: in addition to such limit. Our duty e. Anywhere in the world, except any country or to make such payments ends jurisdiction while any trade sanction, when we have used up the embargo, or similar regulation imposed by the applicable limit of insurance in United States of America applies to and payments for damages, prohibits the transaction of business with or settlements or defense expenses. within such country or jurisdiction, for Liability (2) This insurance is excess over any valid Coverage for any covered "auto" that you and collectible other insurance available lease, hire, rent or borrow without a driver for to the "insured" whether primary, excess a period of 30 days or less and that is not an contingent or on any other basis. H auto you lease, hire, rent or borrow from "employees", (3) This insurance is not a substitute for any of your partners (if you are a partnership), members (if you are a limited required or compulsory insurance in any country outside the United States, its Page 2 of 4 0 2016 The Travelers Indemnity Company. All rights reserved CA T3 53 08 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Policy # 810 -5R143576 -20.43-G territories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such country up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory insurance requirements. (4) It is understood that we are not an admitted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Canada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deductible, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a coverer) "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Paragraph AA.b., Loss Of Use Expenses, of SECTION III — PHYSICAL DAMAGE COVERAGE.- However, OVERAGE:However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Paragraph A.4.a., Transportation Expenses, of SECTION Ili — PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. J. PERSONAL EFFECTS The following is added to Paragraph A.4., Coverage Extensions, of SECTION Ill — PHYSICAL DAMAGE COVERAGE: COMMERCIAL AUTO Personal Effects We will pay up to $400 for "loss" to wearing apparel and other personal effects which are: (1) Owned by an "insured" and (2) In or on your covered "auto". This coverage applies only in the event of a ictal theft of your covered "auto"_ No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclusions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that inflate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c, The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or Our authorized representative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" is known to.- (a) o:(a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability company); (d) An executive officer, director or insurance manager (if you are a corporation or other organization); or (e) Any "employee" authorized by you to give notice of the "accident" or "loss'. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDITIONS: CA T3 53 08 17 ® 2016 The Travelers indemnity Company All rights reserved Page 3 of 4 Includes copyrighted material or insurance Services Office. Inc with its permission Policy # 810 -5R143576 -2043-G COMMERCIAL AUTO 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2.. Concealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 ® 2016 The Travelers Indemnity Company All rights reserved CA T3 53 08 17 Includes copyrighted material of Insurance Services Office, Inc with Its permission Policy # 660 -51R143841 -TIL --20 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 AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liab lity 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 "writlen 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. The insurance provided to such additional insured is limited as follows: c. 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 required by that "written contract requiring insurance"_ This endorsement shall not increase the limits of insurance described in Section III -- Limits Of Insurance. d. This insurance does not apply to the render- ing of or failure to render any "professional services" or construction management errors or omissions. e. This insurance does not apply to "bodily in- jury" or "property damage" caused by "your work* and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured 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 for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional 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" available to the additional in- sured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But this insur- ance provided to the additional insured still is ex- cess over any valid and collectible 'other insur- ance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any "other insurance". 3. The following is added to SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the addi- tional insured: 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 D4 14 04 08 ®2008 The Travelers Companies, Inc_ Page 1 of 2 Policy # 660 -5R143841 -TIL -20 COMMERCIAL GENERAL LIABILITY I. How, when and where the 'occurrence" or offense took place; If. The names and addresses of any injured persons and witnesses; and iii. 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: 1. Immediately record the specifics of the claim or "suit' and the date received; and I1. 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 con- nection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and oth- erwise 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. However, this condition does not affect whether this insurance provided to the addi- tional insured is primary to that other insur- ance available to the additional insured which covers that person or organization as a named insured. 4. The following is added to the DEFINITIONS Sec- tion: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- ganization as an additional insured on this Cover- age Part, provided that the "bodily injury" and "property damage" occurs and the "personal in- jury" 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 0 2008 The Travelers Companies, Inc. CG 04 14 04 08 Policy # 660 -51R143841 -TIL -20 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS This endorsement modifies insurance provided underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE 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 B. Who Is An Insured —Unnamed Subsidiaries C. Who Is An Insured — Retired Partners, Members, Directors And Employees D. Who Is An Insured — Employees And Volunteer Workers -- Bodily Injury To Co -Employees, Co - Volunteer Workers And Retired Partners, Members, Directors And Employees E. Who Is An Insured — Newly Acquired Or Formed Limited Liability Companies F. Blanket Additional Insured — Controlling Interest G. Blanket Additional Insured — Mortgagees, Assignees, Successors Or Receivers PROVISIONS A, NON -OWNED WATERCRAFT — 75 FEET LONG OR LESS 1. The following replaces Paragraph (2) of Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) 75 feet long or less; and (b) Not being used to carry any person or property for a charge; 2. The following replaces Paragraph 2.e. of SECTION II —WHO IS AN INSURED: e. Any person or organization that, with your express or implied consent, either H. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Premises I. Blanket Additional Insured — Governmental Entities -- Permits Or Authorizations Relating To Operations J. Incidental Medical Malpractice K. Medical Payments — Increased Limit L. Amendment Of Excess Insurance Condition — Professional Liability M. Blanket Waiver Of Subrogation — When Required By Written Contract Or Agreement N. Contractual Liability — Railroads uses or is responsible for the use of a watercraft that you do not own that is: (1) 75 feet long or less; and (2) Not being used to carry any person or property for a charge; B. WHO IS AN INSURED — UNNAMED SUBSIDIARIES The following is added to SECTION 11 — WHO IS AN INSURED: Any of your subsidiaries, other than a partnership or joint venture, that is not shown as a Named Insured in the Declarations is a Named Insured if: a. You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and CG D3 79 02 19 C� 2017 The Travelers Indemnity Company All rights reserved. Page 1 of 6 Includes copyrighted material of Insurance Services Office. Inc with its permission Policy # 660.5R143841 -TIL -20 COMMERCIAL GENERAL LIABILITY b. Such subsidiary is not an insured under similar other insurance. No such subsidiary is an Insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section II —Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in its name or the documents that govern its structure. C. WHO IS AN INSURED-- RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES The following is added to Paragraph 2. of SECTION II — WHO IS AN INSURED: Any person who is your retired partner, member, director or "employee" that is performing services for you under your direct supervision, but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, no such retired partner, member, director or "employee" is an insured for: (1) "Bodily injury': (a) To you, to your current partners or members (if you are a partnership or joint venture), to your current members (if you are a limited liability company) or to your current directors; (b) To the spouse, child, parent, brother or sister of that current partner, member or director as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury' arising out of providing or failing to provide first aid or "Good Samaritan services" by any of your retired partners, members, directors or "employees", other than a doctor. Any such retired partners, members, directors or "employees" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. (2) "Personal injury': (a) To you, to your current or retired partners or members (if you are a partnership or joint venture), to your current or retired members (if you are a limited liability company), to your other current or retired directors or "employees" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that current or retired partner, member, director, "employee" or "volunteer worker" as a consequence of Paragraph (2)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (2)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (3) "Property damage" to property: (a) Owned, occupied or used by; or (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your retired partners, members or directors, your current or retired "employees" or "volunteer workers", any current partner or member (if you are a partnership or joint venture), or any current member (if you are a limited liability company) or current director. Page 2 of 6 0 2017 The Travelers Indemnity Company. All rights reserved CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc with Its permission. Policy # 660 -5R143841 -TIL -20 D. WHO IS AN INSURED — EMPLOYEES AND VOLUNTEER WORKERS — BODILY INJURY TO CO -EMPLOYEES, CO -VOLUNTEER WORKERS AND RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Paragraphs (1)(a), (b) and (c) above do not apply to "bodily injury" to a current or retired co - "employee" while in the course of the co - "employee's" employment by you or performing duties related to the conduct of your business, or to "bodily injury" to your other "volunteer workers" or retired partners, members or directors while performing duties related to the conduct of your business. E. WHO 1S AN INSURED — NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES The following replaces Paragraph 3. of SECTION II — WHO IS AN INSURED: 3. Any organization you newly acquire or form, other than a partnership or joint venture, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only, (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. For the purposes of Paragraph 1. of Section II — Who Is An Insured, each such COMMERCIAL GENERAL LIABILITY organization will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in its name or the documents that govern its structure. F. BLANKET ADDITIONAL INSURED = CONTROLLING INTEREST 1. The following is added to SECTION ll WHO IS AN INSURED: Any person or organization that has financial control of you is an insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that arises out of: a. Such financial control; or b. Such person's or organization's ownership, maintenance or use of premises leased to or occupied by you. The insurance provided to such person or organization does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 2. The following is added to Paragraph 4. of SECTION II — WHO IS AN INSURED: This paragraph does not apply to any premises owner, manager or lessor that has financial control of you, G. BLANKET ADDITIONAL INSURED — MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS The following is added to SECTION Il — WHO IS AN INSURED: Any person or organization that is a mortgagee, assignee, successor or receiver and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to its liability as mortgagee, assignee, successor or receiver for "bodily injury", "property damage" or "personal and advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal and advertising injury" caused by an offense that is committed, CG D3 79 02 19 ® 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 6 Includes copyrighted mate rlaI of Insurance SerVIces Office, Inc with Its permission Policy # 66MR143841-TIL-20 COMMERCIAL GENERAL LIABILITY subsequent to the signing of that contract or agreement; and b. Arises out of the ownership, maintenance or use of the premises for which that mortgagee, assignee, successor or receiver is required under that contract or agreement to be included as an additional insured on this Coverage Part. The insurance provided to such mortgagee, assignee, successor or receiver is subject to the following provisions: a. The limits of insurance provided to such mortgagee, assignee, successor or receiver will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such person or organization does not apply to: (1) Any "bodily injury" or "property damage" that occurs, or any "personal and advertising injury" caused by an offense that is committed, after such contract or agreement is no longer in effect; or (2) Any "bodily injury", "property damage" or "personal and advertising injury" arising out of any structural alterations, new construction or demolition operations performed by or on behalf of such mortgagee, assignee, successor or receiver. H. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTION II — WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to premises owned or occupied by, or rented or loaned to, you and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of any of the following for which that governmental entity has issued such permit or authorization: advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations. 1. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION 11— WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such governmental entity does not apply to: a. Any "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity; or b. Any "bodily injury" or "property damage" included in the "products -completed operations hazard". J. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury' arising out of providing or failing to provide: (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician, paramedic, athletic trainer, audiologist, dietician, nutritionist, Page 4 of 6 ® 2017 The Travelers Indemnity Company. All rights reserved. CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc with its permission Policy # 660 -58143841 -TIL -20 occupational therapist or occupational therapy assistant, physical therapist or speech-language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph S. of SECTION III -- LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY. Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section [I — Who Is An Insured_ K. MEDICAL PAYMENTS— INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to Paragraph S. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION — PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERC[AL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary. excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION — WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person air organization, but only for payments we make because of: 6. The following is added to Paragraph 4.b.. a, "Bodily injury" or "properly damage" that Excess Insurance, of SECTION IV — occurs; or COMMERCIAL GENERAL LIABILITY 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 # 660 -5R143841 -TIL -20 COMMERCIAL GENERAL LIABILITY N. CONTRACTUAL LIABILITY — RAILROADS 7. 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 0 2017 The Travelers Indemnity Company. All rights reserved CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc with its permission. TRAVELERSJ� WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) — POLICY NUMBER: U B 5R ] 47157 20 4 � (, 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 premum 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 BY 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 12/0412020 Policy No. UB 5R147I57-20.43-G Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE: — — ST ASSIGN: Page 1 of 1