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HomeMy WebLinkAboutWEBER WATER RESOURCES, LLCA-20*-312-01 MAYOR Miguel A Pulido MAYOR PRO TEM Juan Villegas COUNCILMEMBERS Cecilia Iglesias David Penaloza Vacant Vicente Sarmiento Jose Solorio CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza a P.O. Box 1988 Santa Ana. California 92702 w .santa-ana.om October 1.2019 Weber Water Resources, LLC 2073 Railroad Street Corona, CA 92880 Attn: Don Rice CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez Re: Extension of Agreement for Water Well Rehabilitation Services. No. A-2016-312 Pursuant to Section 3 ("Term") of the above -referenced Agreement, entered into by Weber Water Resources, LLC, and the City of Santa Ana, dated November 15, 2016, the time period of the Agreement is hereby extended for an additional two-year period, from December 1, 2019 through November 30, 2021. Any insurance certificates are required to be extended and/or renewed to cover this extension. All other terms and conditions of the Agreement remain unchanged and in full force and effect. Sincerely, t4 ��F Tdy Fuad S. Sweiss, PE, PLS Executive Director, Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager APPROVED AS TO FORM .16 KnN;I. Funk Assistant City Attorney ATTEST Daisy Gomez, kmmmu Clerk of the Council WEBER WATER RESOURCES, LLC L NAI�e: B n ice Title: General Manager SANTA ANA CITY COUNCIL MiguelA P,...W Juan vm"" VaenleS Wko ]avid Pentlwa lose Saono Va A Cecda Iglenas Mayor Maya Pro Te , MW 3 Ward 1 Wak 2 Wa 3 WON C W" o eubdolasanre 0na.ora ,Vile s Mrr"M= eearmertoiDsanta.an0 era doe aoza -=.n SaraV. so.,n Sanlaary ors ddeuas®serdIDede aN DATE (MMIDWY'YYY1 Accwzl CERTIFICATE OF LIABILITYINSUM' ANCE 12r17/0'I 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 CONTRACTBETWEEN THE ISSUING INSURER('S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT„ If the certificate holder is an ADDITIONAL INSURED, the policy(ies) midst have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require art endorsement. A statement on this certificate doe's not confer rights to the certificate holder in fieu of such endorsement(s). PRODUCER _. Tackle ti°�l'anta Lovitt TOUchd A Marsh and McLennan Agency LLC PHIONIE _ FAX EAIL 1050 W Washington Street, Ulte 23,E � -M N�,.�Mli< rC2-I E�22I (NC,Nat: TerTlp�e A� S�i2N�1 ADDRESS:DDRor�REss, pwaratafdovutt•totac;tlr. R;ouT1 MIISUREra AAE I^Er,--r Weber tr"1i"ate'r ReSOUrnes CA, LLC flr'S Railroad Corona CA 92880 E: A.1 FORp�rNG COVERAGE (NAM r Ins Co 16535 COVERAGES CERTIFICATE NUMBER: 1671296804 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE I..ISTED BEI.0W HAVE BEEN ISSUED " O THE iNSI.IREE,D t*iFwMED' ABOVE FOR THE POLICY PLMOD INDICATED NJC.1'NVIT'FISTANNDIN G ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT T OR OTHER DOCUMENT ' 'vIVITH RESPECT TO WI 101 TFOS CERTIFICATE MAY BE iSSUED OR MAY PERTAIN, THE rNiSURA°NICE A9 FCRDED IE'Y THE K-"CTt_ICILS DESCRIBED HEREIN( IS SUBJECT TO ALI. THE TERMS, EXCLUSIONS AND CON.m'i-IONS OF St1Ctl POLIICIE;S. L8MI'T"S SI14:1'w"IONi MAY HAVE BEEN REDUCED BY PAID CLAIMS. iN1 R ` TYPE Or INBLrRANCE DD SUBR MMOr� �YI� M �a YEYY LTR POLICY NUMBER � LIMVTS L ,`NS" COM MERCVIA LGENEM12ALUAl rLUY i Y" r GLG 1388UQ12 51112019 Cvi4P'2020 CAS'HOCC;I,JRlaNk..rJCE M'I,000 0I0..0 Y _ aAC r I'D RE,rn E ,J �`�twa°� PRE MESE � PFNt ccujYetlnce; S 1CVJI,000 . X L ontracA aa8 Lab I _ ....... 6JE n 6 *1 (Any one Ire rs nP $ fl C7,r.00 PERS0NAJ M AL1w 1N uAIYU 5 1 000 005 GEN'LAGP WrJ;(,;,„ TE I.AUPA,4 P LIE'1$PER '.. GEN RAI A GR.GAIE 529tr,'1,GGR'.N E'GIUCY FN1:1- Er""r k.1:'1r1 — — PFODICt-G':I^mA AGG N2,000,000 AUTOMOBILEUABILTY d BAP3889I1 51112019 51/2020 F `<waNaLM_I' i $ n UUSA i(_NCC Ea aix,Gni X ANY A.JO - 1 BODILY INJURY(Pei, I ee,szwi '.. 5 OVINIED SCHEI: JLFr1 Ali, _ AUTOS I 80D1LW lN,AJr'2'b Wo �urrrtlwi 5 J X.., NED I Fr�I,1SI I'O F�ROP-"d°`R1Y V,;A AAASE' . , _... AU � Q'„IIWLY AU NI W (9'rrr «pr»r�r{arrlp_ _.. f 8 X UMBRELLALVAB X Ikr.4'11UR V .0 7 iJP"15R7i91''19C+NF 5/1N2019... 5r11'L?ES20 EAC. 6 rlCa,G.BRREI CE, 510. 000 000 EXCES$'LlIAS CI-AIM:,a.PnA01E Iil+"a.;NdF.G�"hiPi:..... ...()EG h,IU,UUU,UUC7 X IES7ENT'110twf, T A WORKERS COMPENSATION �'+` 'ww'C'ta8t391o'r'S 5/112019 5/1/2020 X. PER ()TH- ArdO EMPLOYERS' L.tABdLITY Y N MV '., F1AIUdEE6'F', . .......,, _. .. ... , , ,...... ..... A Ntl'P ROPRIETO%(P"�I'LTPefI� nJErC,EP r„nTi^vE L E , EACH A, L h ENI ^, 1 7PP,YV�C100 OFFlCEWMulitiv BEF'REV:LV.uII"li4;.C1' N FA (Mandatary In NPdi L. '., � I 1 F t„ DlSrLA,SE - EA I;`N'dr�al'',rW9L. $ 1,000,000 V Yr s" d esuntax sendw_........ L15 aCRIF 104 0rl O E. RA'I l uN ; B,uRPe owl E L, OV SEASE . POL K,'e' 1, AU Y $ 1,515e OnO C F°dkiltv11iaN41y.()M MP19EC.Iw9"12:3491C 511/2019 511/;E'020 Pei O krrenra $2,000,000 NcDS - (5-c arr'ar ria Form Aggregate '. $2,.000,5C5 asCP er.Mdk^il S25, 000 DESCRIPTION OF OPERATIONS / LOCATIONS N VEHICLES (ACORO 101, Adldhianral Remmrka Schedule, may be attaw„taed rf mote space is miler' od) Certlllcale Holder and owner (if appllrratalek are additional insureds as respects general liability, autornotliie liability and excess hadlitty If required in a written contract, Waiver of Subror. ation applies to Pie general liability, ,"ruts lialtaillty, excess liability and workers compensation If required In a vwMterl contract 'rhe general liability, autolrnobi S and umbrella is primary and certificate holder's Irusurarice is non-contributory if required by written contract, CERTIFICATE HOLDER CANCELLATION 1988-2015 ACORD CORPORATION, All rights reserved. ACORD 25 (20161 3) The ACORD name and Ingo are registered marks of ACORD Additional Insured — Automatic — Owners, Lessees 01, Contractors Floky Na Eff, Date, of Pol Exp, Date of Pot �i Eff. Date of End, Producer No, Addl Prern Return Prem GL03889012 05-0 MMZVMO�� This endorsement modifies insurance provided under the� Commercial General Liability Coverage Part A. Section If - Who Is An Insured is amended to include as an addifionai insured any person or organization whom you are required to add as an addifional insured on this pohcy Linder a written contract or written agreement executed! by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" if. 1. The wntten contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under the Insurance Services Office (ISO) ISO CG20 'l 0 1 M1 edition or the lSO CG20 37 10/01 edition, then such party is an adcIftional insured only to the extent that "bodfly injury" "property damage" or "personal and advertising injury" arises out of your ongoing operations or "Your work", which, is the subject of the written contract or written agreement; or, 2. Except at provided in I. above, if the written contract or written agreement require that you provide that the person or organization be named as an additional insured such party is an additional insured only to the extent that "bodily injury" "property damage" or "personai and advertising injury" is caused, in whole or in part by, a. Your acts or omissions;, or b. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or :"your work" which is the subject of the written contract or written agreement, However, the insurance afforded to such additional insureld, 1. Only applies to the extent permitted by law 2. Will not be broader than that which You are required by the written contract or written: agreement to provide for such additional insured; 3, Only applies if the "bodily injury", "property damage" or "personal andadvertising injury" occur subsequent to Your execution of the written contract or written agreement; and 4. Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products- cornpleted operations hazard'" Sal _ MAW 46tten agreement specifically requires that you provide such coverage, if the mW 4Q such coverage in the written contract or written rncWcfes copyr�g lfrC_ Mh iron PeU`rfission U.GL.l 114 A CW1002 Flage 'I of 3 agreement ends prior to or during the policy period, Such coverage would not be available after that m4iirnurn time period, BWith respect to the insurance afforded to these additional insureds, the following additional exclusion applies.' This insurance does not apply to: "Bodily injuiry", "property damage" or "personal and advertising injuny" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or fading to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings, arid specification% or b, Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which Caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involIveld the rendering of or the failure to rendler any professional architectural, engineering or surveying services. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV - Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence"' or offense that may result in a dairn; 2'We receive written notice of a claim or ""suit"" as soon as, practicable" and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer Linder which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named insured if the written contract or, written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by thus endorsement: 11, The following is added to the Other Insurance Condition of Section IV - Commercial General Liability Conditions:� Primary and: Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional in,suired provided that: a. The additional insured is a Named Insured under such other inSUrancel, and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insuirance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other InSUrance Condition of Section IV - Commercial General Liability Conclitlons; This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional, insured on our policy is also covered as an additional insured on another poficy providing coverage for the same, "occurrence", offense, claim or "suit", This provision does not apply to any policy Inn which the additionail insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which enclorserrient applies specifically to that identified additional insured, F, With respect to the insurance afforded to the additional jnSUrads, under this endorsement, the following is added to Section III - Limits Of Insurance: mffm�0 0 11AY11111,119-FARE IMTMEBM� E 2 0 2019 U-GL_ Ill 14 A CW 1002 Page 2 of 3 Includes copyrighted ni, I&�AM 4s perrNssion I AM 114A M. LAMBEW 1, That is the least amo�unt minimally required! by the written, contract or wratten agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Llmfts of Insurance shown in the Declarations, whichever is less. If the minimum amount of insurance required by the written contract or wriften agreement for General Liability coverage ls, less than the Limits of insurance shown in the Declarations but the written contract or written agreement requires, umbreHa or excess coverage, we will include that requirement in our assessment of the minimum amount of insurance. Thiis endorsement shall not increase the applicable Limits of [insurance shown un the Declarations, All other terms and conditions of ftis poky remain unchanged. on Includes copyrighted material' f 0 D & APPR()VED ANA(j1MF-M DiViSiON w4h, its permission. U GL,l 114 A CW 10,02 Page 3 of 3 POLICY NUMBER: GL() 3889012 This endorsernent modifies insurance provided under the following: Designated Construction Projec4s): A GE:NEi,,1,AL AGGREGA"TE LIMIT Al?P1,IES, T13 EACH C01,aSTRUCTI(,)N PROJEC'F THE rIAMED INSURED IE3 PERFORMIt,,G OPERATIONS, A C;E1,4ERAL, A(3GREGA1 E 1.1 1 M I, I.' D(DES NOT APPLY TO ANY CON S71"RI'­3 C7111 0 N PROJEC17 WHIl"'RE THE NAMED !T,,'KJPE1) IS E'Er,FCF,,MING 0E'E'.RATi13NS THAT ARE INST.YRED TJNE)ER A 'y1RAP UP OR A?,1Y 0'.THER C()NS0L1DA`1'ED 01z SIM.II,AR INSURA�,QCE P[11�0GPA1,,1 this Schedule, if riot shown above, will be A. For all surns, which the insured becomes iegally obligated to pay as dan-kiges caused by "occurrences" under Section I —Coverage A, and for all medical expenses caused by accidents Under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above'. 11. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is eqUai to the amount of the General Aggregate Limit shown in the Declarations, 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the surn of all damages under Coverage A, except darnages because of "bodily injury" or ""property damage" included in the "products - completed operations hazard"', and for medical expenses under Coverage C regardless of the number of, a. Insureds; b. Claims made or `suits" brought; or c. Persons or organizations making claims 01' bringing "suits". REVI R \ f Igo CG 25 03 05 091 Oc Insurance �M q"A in 3. Any payments made under Coverage A for damages or Under Coverage C for rnedicai expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. SLJch payrnents, shall not reduce the General Aggregate Lknit shown in the Declarations nor shall they reduce any other Designated Construction Project Cieneral Aggregate Limit for any other designated construction project shown in the Schedule above, 4. The limits shown in the Deciaratilons for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits wfll be subject to the applicable Designated Construction Project General Aggregate Limit. & APPROVED %C,FMV.`,NT DlivisiON 07 B. For all sums which the insured becomes legally obligated to pay as, damages caused by .'occurrences"' under Section I — Coverage A, and for all rnedicall expenses caused by accidents under Section I —Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown 0i the Schedule above: 1. Any payments made under Coverage A for darnages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2, Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising OW Of the '"products -completed operations hazard"' is provided, any payments for damages because of "bodHy injury" or ""property damage"" included in the "products-comipleted operations hazard" will reduce the Products -completed Operations Aggregate Limit, and hot reduce the General Aggregate Urnit nor the Designated Construction Project General Aggregate Umit. D. It the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracfing parties deviate, f roni plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III — Urnits, Of Insurance not otherwise modified by this endorsernent shall continue to apply as stipulated. REVIEWED & APPR(WED By MsA MANAViEMEM DivisioN MERMEMM POUCYNUMBERGLO 3881�',012 MIR Ths enclorsement modifies inSUrance provided under the following: & APPROVED kcic,wm Divisimi 20 2019 CG 24 04 05i 09 C lnsura NOMA 1:14 ITA I I (ORS a F-Al -.]I a I WAS1411 a This endorsement modifies insurance provided under the f0owing: MGM- WN a' - T I" With respect to coverage provided by this enclorsernent, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or oirganizationi(s) who are 1nsureds" for Covered Autos LiabHity Coverage under the Who, is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Namedinsured: INERER WATEI,"�, PESOUR(T­�E­,", L�'­(' Endorsement Effective Date: Name Of Person(s) Or Organization(s): ONLY WHERE YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSUREDSTATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IWA WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT I Information reauiredi to comoilete this Schedule, if not shown above, will be shown in the Deciarafions. Each person or organization shown in the Schedule is an "insured"" for Covered Autos Liability Coverage, but only to the extent that person or organization quahfies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section 11 — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I ­ Covered Autos Coverages of the Auto Dealers Coverage Form. 19-01 MIS .11ro" kl< MANACiENENT NVWON DEC 2 0 2019 01 POLICY NUMBER, BAP I COMMERCIAL AUTO CA 04 44 10 13 THIIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATIO,N) This endorsement modifies insurance provided under the, following: 141 11 1, . 0 .., I IMAM Kai ffizy�ww-aq N..DA=-WA91- ! ow N With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply Unless modified by the endorsement. This endorsement changes the policy effecfive on the inception date of the policy Unless another date, is indicated below'. Named Insured: VJEBEP WATER RESOTJRC'H�S, Endorsement Effective Date: Narne(s) Of P,erson(s) Or Organ ization(s): AS AGREED PER WPITTEN C01,1'.1'RAC."17 OR W1`,,ITTF,�,TQ AGREEMEN117. ..... . ...... - ........ . ............... . ..... . ........... information required! to complete this Schedule, if not shown above, will be shown in the Deciarations, The Transfer Of Rights Of Recovery Agiainst Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but oniiy to the extent that subrogation is waived prior to the "accident"' or the "loss„" under a contract with that person, or organization. RE,Vlh�WEI) & APPROVED By s MANA(�r T D�visioN 20 2019 CA .. 10 13 CQln$LjralT,,y', V . In p J;L",.figjr* .12,g W jj� Ragie 1 of 1 We have the right to recover Our payments from anyone liabie for an injury covered by this policy. We will not enforce our right against the person or orgaNzation named in the Schedule. (TNs, agreement applies, only to the extent that You perform work under a rotten contract that requires YOU to obtain this agreement from us.) This agreement shaU not operate directly or indirectly to benefit anyone not named in the Schedule. ALL PERSONS AND / OR CD1GANIZATIO4S )kPE PEQUIRED BY I I, '-!.'E N C 0 NTRAC, '11 OFZ, AGREEMENT WITH THE 71',J,'.�:C1REFD, EXECUTF.'yE) PRIOR TC) THE A(".'CIDENT (.,)R LOSS, THAT WAIVER OF SUBRCX-;�ATION i�tE PROVIDEt) U�',lDER 7'HIS P(DLIC-'Y FC)P WORK PERFOPMED BY YOU FOR THAT F�:'EP S )N A141D / OP Policy Nurnber: WC3889013 REVIEWP) & APPR(NED B I NMIEMEAT DiviSiON WC 00 03 13 0 20119 (Ed. 4-84) 0 1983 NaflonM Councu on Compensation hvsurance, EMCEE= WAIVER OF OUR RIGHTTO RECOVER FROM OTHERS ENDORSEMENT- C4LUFORNIA We have the right to recover our payments from anyone liable for an injury covered by this poiicy. We will not enforce our right against the person or organization parr in the Schedule. (This agreement applies only to the extent that you perform work Linder a written contract that requires YOU to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule, The additional prerniUM for this endorsement shall be, 0 % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT, EXECUTED PRIOR TO LOSS, EXCEPT' WHERE SUCH CONTRACTS OR AGREEMENTS ARE NOT PERMITTED BY LAW. Polucy Nurnber: WC3889013 REVIEf4��_[_) & APPROVED Uv Rid ANAGFMFINT MWON WC 252 t4-84) 2 0 2019 WC 04 03 06 (Ed, 4-94) Page I of: I NEUMUNKIMEMIEM ENDORSEMENT NO.: 5 Effective 12:01 AM Std Tiime: May 1, 2019 Issued to: Weber Water Resources LLC Policy Number: MP19ECP31234911C Company: Navigators Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. - 64, S! - . I a i * �INNIVAF-A 90ji MOMME-FrIn. RIMMIM= ..................... E ...... -- - - - - -- --- -------------------- ..... . ... ...... . . . . .................. .... . ..... ..... ...... --: -------- �"] Any clients for whom you perform, Your work but only when required by written contract with your client provided the contract is executed and effective prior to the data the Pollution incident first commenced!, and only for the lesser of the arnount stated in the contract or the applicable limits of liability in this policy, 2. Solely with respect to the additional insureds scheduled above, the following is added to SECTION' IV. CONDITIONS, paragraph 16. Other li,nsurance Notwithstanding any other provision to the contrary in this Policy, with respect to the additional unsureds scheduled above, and only when required by written contract, the insurance afforded by fts policy shall be primary and non-conthbutory with any other valid and collectible insurance and our obligations are not affected by any, such other insurance. 3. Nothing in thus endorsement shall operate or be construed to increase any of the limits of liability under this policy. No coverage is afforded under this Policy for any loss arising, out of a scheduled additional insured's own Iiability, so,le negfigence, or WillfUt or deliberate misconduct. W�.U--[)& A PPROVED All other terms, conditions, and exclusions shall$OrM WENT DM40N NENV 0101 (03-13) 1 2 0 2019 Page 1 of I M, [AMBER1 EffectiIve 12.01 AM Std Time: Issued to,: WI`,�ber Wat ex.- R,,,sourc,es CA, LLC Policy Number: mplqECP312349 Company: Navi�,.jat.ors, Specialty insun.ince Ccbmpany "!!III ;;� lj� 1� ill Fig] $]I li [4 111! 1 1 11 1, 0 0 1 ; wjzl"14 1. It is hereby agreed that the persons or entities scheduled below qualify as insureds under SECTION 11. WHO IS AN INSURED, but only with respect to a pollution incident arisling Out of your work. '01 Any clients for whom you perform your work but only when required by written contract with your dient provided the contract is executed and effective prior to the date the pollution incident first commenced, and only for the lesser of the arnCI stated in the contract or the applIcable limits, of liability in this pollicy. 2. Solie�y with respect to the additional insureds, scheduled above, the following is added to SECTION IV CONDIITI"ONS, paragraph 16. Other Insurance!! Notwithstanding any other provision to the contrary in this Policy', with respect to the additional insureds scheduled above, and only when required by, written contract, the insurance afforded by this, policy shafl be primary and non-contributory with any other, valved and collectible insurance and our obligations are not affected by any such other insurance 3. Nothing, in this endorsement shall operate or be construed to increase any of the hrinits of liability under this policy, 4. No coverage is afforded under this Poficy for any loss arising out of a schedWed addifiona� insured's o fiability, sole negl�igence, or willful or deliberate mIisconduct. I All other terms, conditions, and exclusions shall rgmvqmgwju�� REVIEW') & APPROVED JfhtW'�6 MiEVIEN'T [')iV9MON (' , t.1 0 2019 limits, of liability under this policy may be reduced or exhausted by payments under this policy andlor payments under all such policies; and c. the sole applicable dedi.ictVe or retention shall be that which applies, Linder the policy with the largest singile limit of liability as established in paragraph b. immediately above, U23E= Except with respect to the limits of liability, any insured versus insured exclusion, cancellation, or any nights or duties specifically assigned to the first named insured, this insurance applies: a. as if each named insured was the only named insured; and b. separately to each insured against whorn a claim is rnade, 2,2. Service of Suit It is understood and agreed that in the event of a failure by us to pay any amount claiimed to be due hereunder, we, at the! request of the first named insured, Will submit to a court of competent jurisdiction within the United States of America. The foregoing shall not constitute a waiiver of any of our rights to remove, remand, or transfer such suit to any other court of competent jurisdiction in accordance with the applicable statutes of the United States of America or any state therein. In any suit instituted against us upon this contract, we will abide by the final decision, Of the Court or of any appellate court in the event of an appeal. It is further agreed that service of process upon us in such suit may be made upon the Superintendent, Commissioner, or Drector of Insurance or other person specified for that Purpose in the applicable statute governing service of process in the state, or jurisdiction in which a cause of action arises Linder this contract of insurance, or his successor or successors in office as their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the insured or any, beneficiary hereunder arising out of this contract Of insurance,, In the event of any payment under this, insurance by us, we shall be SUbrogated to all the insured's rights of recovery against any person or organization. No insured shall do ainytNng after the payment of loss by us to prejudice such rights. The insured agrees to cooperate with us and to execute and deliver all instruments and papers and do whatever else is necessary to enforce such rights. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. With, respect to Coverage I A. Operations Pollution Liability, we agree, to waive our right of subrogation against any of your clients but only if and to the extent you had a written contract with your client agreeing to waive such rights prior to the pollution Incident giving rise to loss hereunder began. If we conclude that any applicable limit of liability of this policy has been, or soon will be, exhausted by the payment of loss, we will so notify the first named insured in writing as soon as possible. In the event that there are ongoing legal proceedings with respect to any claims against an insured, and any applicable limit of liability of this policy has been exhausted by the payment of loss, we will advise YOU that our duty to defend has ended and that we will no longer handle the defense of any ongoing claims, or new claims against an insured, Thereafter, we will initiate and cooperate in the transfer of control of the defense of aH claims to any appropriate insured. The exhaustion of any applicable limit of liability by the payment of loss will not be affected by our failure to comply with any of the provisions of this section, nor will we be obligated: by operation of any rights or duties in this paragraph to defend or confinue to defend any claim or pay any loss, after any applicable hmA of liability of this policy is exhausted, on 114011w NAV ECP-0 TLKT 11 (03/13) 1-11— "J Paige 15 of 2,4 f��k rVI AN f 1)�7 M . LAMBE R I A`CORO® CERTIFICATE OF LIABILITY INSURANCE DATE NuouryYyy A 5/1I2020 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lovett & Touch6 A Marsh and McLennan Agency, LLC 1050 W Washington Street, Suite 233 Tempe AZ 85281 CONTACT NAME: Jackie Wants PxoNE . 602-956-2250 PAX Ne E-MAIL ADOREss: i:wanta lovitt-touche.com INSURERS AFFORDING COVERAGE NAIC e INSURER A: Zurich American Ins Co 16535 INSURED WEBER-7 Weber Water Resources CA, LLC 2073 Railroad INSURER B : Travelers Property Casualty Cc of America 25674 INSURER C : Navigators Specialty Insurance Company INSURER D Corona CA 92880 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 839509995 REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL SUBR POLICYNUMBER POLICYEFF (MMIDDIYYYYJ POLICY EXP IMMIDDIYYYYILIMITS A X COMMERCIALGENERALLIABILITY CLAIMS -MADE � OCCUR Y Y GLO388901207 5/1/2020 5/1/2021 EACHOCCURRENCE $1.000,000 DAMAGE TORENTED PREMISES Ea occurrence $100,000 X MED EXP (Any one person) $10,000 Contractual Liss PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY EX] jEa LOC GENERALAGGREGATE $2,000,000 PRODUCTS-COMPIOPAGO $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY Y Y BAP111911117 5/1/2020 5/1/2021 COMBINED SINGIF LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS ) BODILY INJURY (Per accident $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ B X UMBRELLA LIAR X OCCUR Y Y ZUP-15R739172ONF 5/12020 5/1(2021 EACHOCCURRENCE $10.000,000 AGGREGATE $10,000,000 EXCESS LIAR CLAIMS -MADE DED I X I RETENTION n $ A WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN Y WC388901307 5/1/2020 5/1/2021 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $1,000,000 ANYPROPRIETOWPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDED? NIA E.L. DISEASE - EA EMPLOYEE $1,000.000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS belax E.L. DISEASE -POLICY LIMIT $1,000,000 C Pollution Lability - Doc Y Y MP20ECP3123491C 5/1/2020 5/1/2021 Per Occurrence $2,000,000 NODS -Occurrence Form Aggregate Deductible $2,000,000 $25,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder and owner (if applicable) are additional insureds as respects general liability, automobile liability and excess liability if required in a written contract. Waiver of Subrogation applies to the general liability, auto liability, excess liability and workers compensation if required in a written contract. The general liability, automobile and umbrella is primary and certificate holder's insurance is non-contributory if required by written contract. Includes 30 notice of cancellation to certificate holder, with an exception for 10 days non payment of premium. REVIEWED & APPROVED By Risk MANACiFfIl I 1 N CERTIFICATE HOLDER I CANCELLATION „I 04 sUbo SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Divisi 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE 4th Floor Santa Ana CA 92702 A --lee. 1�� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE Coverage Extension Endorsement ZURICHO Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. BAP388901107 05-01-20 05-01-21 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 U — 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.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment —Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section 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 cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-424-F CW (04-14) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section 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 III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical 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.sl Wpft�i✓AfM&ntract or written rental agreement. We will pay for loss of use expenses if caused by: ICBM Risk MANAGEMENT UIViSiON A Y 8�. 91 U-CA-424-F CW (04-14) Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto", or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III — 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 1.a. 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". REVIEWED & APPROVED By Risk MANACrEMENT DivisiON • U" U-CA-424-F 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 BA.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage — Comprehensive Coverage — Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos — Physical Damage 1. The following is added to Section I — Covered Autos: Temporary Substitute Autos — Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of 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. O. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnershpi �-a. member (if you are a limited liability company) or an executive officer or insurance m�r�®�itQl�n�6&tion). The failure of any By Risk MANAGEMENT DIVISION cU-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 Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written 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, •suJst�ained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish REV(Eea Wtt 1 ray 6y&pafbl or emotional illness or disease. By Risk MANAC{EMENT DIviSION U-CA-424-F CW (04-14) Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II — Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage — Additional Temporary Transportation Expense Coverage Paragraph AA.a. of Section III — Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "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. RBE IIIEWE D & APPRANACiEMENipOVEoD AY 0-J U-CA-424-F CW (04-14) Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Additional Insured — Automatic — Owners, Lessees Or Z U R I C H Contractors THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, Policy No. GL0388901207 Effective Date: 05-01-20 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or 'personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", 'property damage" or "personal and advertising injury" arises out of: (1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the "bodily injury", 'property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37 (07104 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", 'property damage" or "personal and advertising injury" is caused, 'n rt, by: (1) Your acts or omissions; or REVIEWED �t A��V�f By Risk MANAGEMENT DiviSiON (2) The acts or omissions of those acting on your behalf, i' Y 0 - - 2-A CW (02119) Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. in the performance of: (a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and included in the "products -completed operations hazard", with respect to Paragraph 2.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (1) Only applies if the 'bodily injury", "property damage" or 'personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (ii) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the 'products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", 'property damage" or "personal and advertising injury" is caused, in whole or in part by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (c) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to the "products -completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work' and included in the 'products -completed operations hazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the 'bodily injury" or 'property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (4) Does not apply to 'bodily injury" or 'property damage" caused by "your work' and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. REVIEWED 6 APPROVED By Risk MANAgEMENr DIVISION AY U-GL-2162-A CW (02119) Page 2 of 4 Includes copyrighted matedal of Insurance Services Office, Inc., with its permission. B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to 'bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the 'bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: (1) We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; (2) We receive written notice of a claim or "suit' as soon as practicable; and (3) A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section III — Limits Of Insurance: Additional Insured — Automatic — Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: REVIEWED & APPROVED By Risk MANAGEMENT Divi$iON &MU-GL-2162-A CW (02/19) Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. Required by the written contractor written agreement referenced in Section A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms, conditions, provisions and exclusions of this policy remain the same. REVIEWED & APPROVED By Risk MANACIEMENT DiviSiON YO,i OU U-GL-2162-A CW (02/19) Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: GL0388901207 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT, EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACTS OR AGREEMENTS ARE NOT PERMITTED BY LAW. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'Your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ ENDORSEMENT NO.: 5 Effective 12:01 AM Std Time: May 1, 2020 Issued to: Weber Water Resources LLC Policy Number: MP20ECP3123491C Company: Navigators Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS ENDORSEMENT (PRIMARY NON-CONTRIBUTORY) 1. It is hereby agreed that the persons or entities scheduled below qualify as insureds under SECTION II. WHO IS AN INSURED, but only with respect to a pollution incident arising out of your work. Scheduled Additional Insureds Any clients for whom you perform your work but only when required by written contract with your client provided the contract is executed and effective prior to the date the pollution incident first commenced, and only for the lesser of the amount stated in the contract or the applicable limits of liability in this policy. 2. Solely with respect to the additional insureds scheduled above, the following is added to SECTION IV. CONDITIONS, paragraph 16. Other Insurance: Notwithstanding any other provision to the contrary in this Policy, with respect to the additional insureds scheduled above, and only when required by written contract, the insurance afforded by this policy shall be primary and non-contributory with any other valid and collectible insurance and our obligations are not affected by any such other insurance. 3. Nothing in this endorsement shall operate or be construed to increase any of the limits of liability under this policy. 4. No coverage is afforded under this Policy for any loss arising out of a scheduled additional insured's own liability, sole negligence, or willful or deliberate misconduct. REVIEWED & APPROVED By Risk MANAGEMENT DiviSION I. "10!!Idllafflll� III M All other terms, conditions, and exclusions shall remain the same. NENV 8001 (03-13) Page 1 of 1 Pollution - Waiver of Subrogation Policy Number MP20ECP3123491C limits of liability under this policy may be reduced or exhausted by payments under this policy and/or payments under all such policies; and c. the sole applicable deductible or retention shall be that which applies under the policy with the largest single limit of liability as established in paragraph b, immediately above. 21. Separation of Insureds / Severability Except with respect to the limits of liability, any insured versus insured exclusion, cancellation, or any rights or duties specifically assigned to the first named insured, this insurance applies: a. as if each named insured was the only named insured; and b. separately to each insured against whom a claim is made. 22. Service of Suit It is understood and agreed that in the event of a failure by us to pay any amount claimed to be due hereunder, we, at the request of the first named insured, will submit to a court of competent jurisdiction within the United States of America. The foregoing shall not constitute a waiver of any of our rights to remove, remand, or transfer such suit to any other court of competent jurisdiction in accordance with the applicable statutes of the United States of America or any state therein. In any suit instituted against us upon this contract, we will abide by the final decision of the court or of any appellate court in the event of an appeal. It is further agreed that service of process upon us in such suit may be made upon the Superintendent, Commissioner, or Director of Insurance or other person specified for that purpose in the applicable statute governing service of process in the state or jurisdiction in which a cause of action arises under this contract of insurance, or his successor or successors in office as their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out of this contract of insurance. 23. Subrogation In the event of any payment under this insurance by us, we shall be subrogated to all the insured's rights of recovery against any person or organization. No insured shall do anything after the payment of loss by us to prejudice such rights. The insured agrees to cooperate with us and to execute and deliver all instruments and papers and do whatever else is necessary to enforce such rights. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. With respect to Coverage I.A. Operations Pollution Liability, we agree to waive our right of subrogation against any of your clients but only if and to the extent you had a written contract with your client agreeing to waive such rights prior to the pollution incident giving rise to loss hereunder began. 24. Transfer of Defense Duties If we conclude that any applicable limit of liability of this policy has been, or soon will be, exhausted by the payment of loss, we will so notify the first named insured in writing as soon as possible. In the event that there are ongoing legal proceedings with respect to any claims against an insured, and any applicable limit of liability of this policy has been exhausted by the payment of loss, we will advise you that our duty to defend has ended and that we will no longer handle the defense of any ongoing claims or new claims against an insured. Thereafter, we will initiate and cooperate in the transfer of control of the defense of all claims to any appropriate insured. The exhaustion of any applicable limit of liability by the payment of loss will not be affected by our failure to comply with any of the provisions of this section, nor will we be obligated by operation of any rights or duties in this paragraph to defend or continue to defend any claim or pay any loss after any applicable limit of liability of this policy is exhausted. REVIEWED & APPROVED By Risk MANAGEMENT DIVISION ill NAV ECP-O TLKT 11 (03/13) Page 15 of 24 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND / OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND / OR ORGANIZATION WC 00 03 13 (Ed. 4-84) ® 1983 National Council on Compensation Insurance. 1:APPROVED ,_r;�►� fig.. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be mium otherwise due on such remuneration. Person or Organization AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT, EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACTS OR AGREEMENTS ARE NOT PERMITTED BY LAW. Schedule Job Description % of the California workers' compensation pre - REVIEWED & APPROVED By Risk MANAGEMENT DNISiON WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Page 1 of 1