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ROBERT D. NIEHAUS, INC.
INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CM_ A.X CITY CLERK DATE: N-2023-163 8 PWAU)IR�) AGREEMENT WITH ROBERT D. NIEHAUS, INC. �KAiHi0.12.�Ar�d-o Fi TO PROVIDE FINANCIAL PLANNING SERVICES THIS AGREEMENT is made and entered into this 1 g"A day of May, 2023 by and between Robert D. Niehaus, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). N CYJ o RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of Financial Planning Services to provide assistance to the Water Resources Division. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, Consultant shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The sum to be expended under the term of this Agreement shall not exceed $50,000. This sum is comprised of (1) the base amount of $29,660 and (2) a contingency in the amount of $20,340 for additional work at the City's sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a one (1) year term, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1) one (1) year period upon a writing executed by City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 2 INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limitno less than $1,000,000 per accident for bodily injury and property damage. Not required ifwritten verification that no vehicles will be used is provided. • Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. • Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 It 85 or ifnotavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the City. Claims Made Policies (note — should be applicable only to professional liability, see below) If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contractor the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 4 Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and 5 invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 927024988 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: Robert D. Niehaus, Inc. 140 E. Carrillo Street Santa Barbara, CA 93101 Attn: Robert D. Niehaus A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shalt be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 7 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL �-4 \ -F Oh Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT Robert D. Niehaus Project Director EXHIBIT A WATER, RECYCLED, AND WASTEWATER FINANCIAL PLAN REVIEW Task 1. Kickoff Meeting - Data Request Objective: RDN will complete all work on schedule, within budget and error free. We will lead a kickoff meeting with staff to ascertain City goals and objectives for its financial plan and reserve policies. We will submit a data request to the City ahead of the kickoff and review City policies such as reserve policies and debt service covenants to understand the parameters with which to build the financial plan. We will also solidify the project timeline and priorities to establish the project management plan. Task 1.1. Project Management RDN incorporates best practices from the Project Management Institute's Project Management Body of Knowledge to establish processes that guide management procedures. For a project to be considered a success, all work must be completed on schedule, within budget, and error -free. Our project manager will prepare a Project Management Plan (PMP) to document all information necessary to execute a successful project. The PMP serves as a roadmap for the project team, defining project goals and objectives, scope of work, deliverables, budget, schedule, administrative procedures, and filing requirements. Task t.2. Data Collection and Validation Prior to the kickoff meeting, RDN will submit a detailed data request to the City. The data request will include audits, budgets, general plans, capital improvement plans, customer billing records, debt service schedule, and reserve policies. For data validation and quality assurance, RDN may request additional data throughout the study to reconcile any inconsistencies. Task I.J. Kickoff Meeting/Progress Meetings RDN is committed to providing transparent project management and open communication with the City. We propose to conduct a virtual kickoff meeting, which will serve as a forum where City staff and the RDN team will meet to discuss project objectives, approach, work plan, schedule, and priorities. At the end of each month, RDN will provide a summary report charting the current progress on each task, data needs, current issues that need to be resolved, project schedule update, and status of action items from the previous report. Progress webinars will be hosted as needed. Table 2. Task 1— Kickoff Meeting - Data Request Deliverables • Remote kickoff meeting with staff • Data request • Meeting agenda and minutes • Monthly progress reports and invoices • Respond to data request ■ Attend meetings and provide input ��pN 7 1 P a g e Task 2. Ten -Year Financial Plan Objective: RDN will review City data to develop a 10-year financial plan for each utility system. RDN will determine the future revenue requirements to sufficiently fund the City's operation and maintenance (O&M) and capital replacements and refurbishment (R&R) program. We will analyze the City's annual reports, capital improvement programs, interest earnings, background information for the system including existing regulatory requirements, bond covenants and other contractual requirements, historical revenues, operating expenses, debt service requirements, reserve policies, approved rates and charges, customer billing and usage data, minimum operating reserve balances, master plans, and any other pertinent information. As appropriate, and as discussed with City staff, we will consider various financing options, or a combination of options, such as operating revenue, new debt issuances, and miscellaneous fees. Task 2.1. Demand Projections/Revenue Analysis RDN will conduct detailed demand and growth projections to ensure the City's revenue forecast and cash flow analysis are accurate. Water consumption is influenced by price signals, weather/rainfall, high -efficiency technologies, drought mandates, and conservation programs. We will first evaluate how the City's customers' water consumption patterns have changed historically, and then incorporate City growth and redevelopment trends and the elasticity of customer demand in response to various rate increase scenarios to project future water demand. Based on the demand projections, we will forecast revenue using the existing rates. We will also identify any changes to other revenues such as miscellaneous charges, property taxes, and investment income. Task 2.2. Operation and Maintenance Expenses Using the City's budgetary documents, we will project operating and maintenance (C&M) expenses and develop reasonable inflationary factors for relevant itemized expenses using reliable published sources or the City's historical data. We also incorporate any known changes to personnel, level of service, or projected growth. Each expense item will be categorized as either fixed orvariable and direct or indirect to ensure that costs are allocated to the correct rate structure components when designing future rates. RDN will also review the 2019 financial plan used for the previous rate study and analyze the adequacy of the current plan. Task 2.3. Capital Improvement Funding RDN will review the Citys capital projects plan and explore financing options based on the timing of proposed revenue adjustments and scheduled repairs and replacements. Funding sources may include cash reserves, grant funding, debt proceeds, or PAYGO (pay as you go), each with different financial impacts. The City may also consider changes in capital expenditure timing to mitigate short-term financial impacts and smooth revenue requirements. Task 2.4. Review Reserve Policies RDN will review the City's current reserve levels and provide recommendations based on the City's policy objectives. Once recommendations are established, we will develop an implementation plan that maintains recommended balances for each fund consistent with the City's financial goals, risk tolerance, and capital improvement projects. Reserve balances will be consistent with industry standards and the City's desire to appropriately address risk associated with various factors, including emergency expenditures or revenue shortfalls. Task 2.5. Revenue Requirements The cash flow analysis will project revenues, expenses, debt obligations, and future funding needs to determine necessary revenue adjustments forthe study period. The total cost will be offset by other sources of revenue such as propertytaxes, investment earnings, rental income, and other water service charges. RDN will assess if revenue adjustments are needed to smooth cumulative revenue deficiency or surplus by the end of the study period. Revenue adjustments will also meet debt covenants by maintaining the required debt service coverage ratio. Table 3. Task 2.10-Year Financial Plan Deliverables ■ Progress meetings as necessary • Demand projection summary • Reserve policy recommendations • Draft financial planning model • Financial information and input 9 1 P a g e Task 3. Reports, Models, and Presentation Objective: RDN will develop customized water, recycled water, and wastewater financial models that incorporates a dashboard to allow City staff to easily run scenarios and see the impacts in real time. we will also provide executive reports codifying the results of the financial plans and updated reserve policies. The reports will help educate the reader on the City's revenue requirements and potential rate adjustment needs to maintain current levels of service. Task 3.1. Financial Models The financial planning models will be developed in an easy -to -use Microsoft Excel format designed to allow City staff to conduct sensitivity scenarios by testing various assumptions through an interactive dashboard. Factors that may be adjusted in the rate models include staff levels and salaries, operating expense levels, CIP spending, capital equipment funding, impacts of rate increases, and pass -through charges. Any changes to the underlying models will appear instantly in a dashboard for quick executive evaluation. Task 3.2. Financial Plan Reports RDN will summarize the findings of the water, recycled water, and wastewater financial plans. The financial reports will discuss short- and long-term financial planning, capital planning, and reserve policy guidance. Key data, analysis, and recommendations will be visualized to effectively convey results. Task 4.3. Presentation of Results As requested by City staff, RDN will present the results of the financial plans to stakeholders and/or City Council and address questions or comments. Presentation materials will be provided to City staff beforehand for review. We will ensure that our presentation is clear, compelling, and consistent with messages agreed upon by City staff. Table 4. Task 3. — Reports and Models Deliverables ■ Update meetings as required • In -person presentation of study results • 10-Year financial models in Excel • Financial Plan Reports in Word and PDF formats • Comments, responses, and recommendations to draft report =;WN 101Page EXHIBIT B The tables below present RDN's cost proposal and compensation schedule, respectively. Our not -to -exceed time and materials proposal to provide professional consulting services to conduct the City of Santa Ana's Water, Recycled, and Wastewater Financial Plan Review is $29,660. Table 6. RDN Not -to -Exceed Cost Proposal Task 1. Project Management/Meetings 2 16 2 - - 20 $3,980 Task 2. 10-Year Financial Plan 2 36 6 8 24 76 $13,260 Task 3. Reports, Models & Presentation 2 28 6 8 28 72 $12,420 Total Hours 6 80 14 16 52 168 Hourly Rate $320 $170 $310 $190 $130 Table 7. RDN Labor Rates MMN 111Page Reyes, Kathia From: City of Santa Ana <certificate-request@ctrax.jdidata.com> Sent: Monday, June 19, 2023 8:38 AM To: Reyes, Kathia; Doreen.adelman@aon.com; Jack@rdniehaus.com Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Robert D. Niehaus, Inc. Name: Project TBD (108) Number: Project AGREEMENT WITH ROBERT D. NIEHAUS, INC. TO PROVIDE FINANCIAL Name: PLANNING SERVICES The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: TYPE OF INSURANCE POLICY NUMBER EXPIRATION COI DATE FILE NAME DATE CERT - City of Santa Ana - AUTOMOBILE LIABILITY B6025336665 09/01/2023 05/17/2023 Executive Director - Public Works Agency.pdf CERT - City of Santa Ana - ERRORS AND OMISSIONS SOL1118304 09/22/2023 05/17/2023 Executive Director - Public Works Agency.pdf CERT - City of GENERAL LIABILITY B6025336665 09/01/2023 05/17/2023 Santa Ana - Clerk of the City Council.pdf 1 TYPE OF INSURANCE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 6/19/2023 11:38 AM POLICY NUMBER EXPIRATION DATE ROWC352801 1 09/01/2023 COI DATE 05/17/2023 FILE NAME CERT - City of Santa Ana - Clerk of the City Council.pclf 2 NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Robert D. Niehaus, Inc. Name: Project N-2023-163 Number: Project AGREEMENT WITH ROBERT D. NIEHAUS, INC. TO PROVIDE FINANCIAL Name: PLANNING SERVICES The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE CERT - 23-24 City of Santa AUTOMOBILE LIABILITY 6800X7489522342 09/01/2024 08/10/2023 Ana - Clerk of the City Council.pdf Robert D. ERRORS AND OMISSIONS MPL111830423 09/22/2024 08/10/2023 Niehaus COI.pdf CERT - 23-24 City of Santa GENERAL LIABILITY 6800X7489522342 09/01/2024 08/10/2023 Ana - Clerk of the City Council.pdf CERT - 23-24 City of Santa WORKERS COMPENSATION AND UB0X7505172342G 09/01/2024 08/10/2023 Ana - Clerk of EMPLOYERS' LIABILITY the City Council.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 11/9/2023 11:45 AM DATE(MM/DD/YYYY) A`�"� CERTIFICATE OF LIABILITY INSURANCE 08/15/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Doreen Adelman Aon Private Risk Mgmt - Phoenix PHONE 951 772-8720 AX,No: 2555 E Camelback Rd A/C No Ezt: ( ) E-MAIL Phoenix AZ 85016 ADDRESS: doreen.adelman@aon.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Travelers Property Casualty Co 20508 INSURED INSURER B:Travelers Property Casualty Co 42390 Robert D. Niehaus, Inc INSURERC: Ins Co of the State of PA/AIG 19429 140 E. Carrillo Street INSURER D:Houston Casualty Company 42374 Santa Barbara CA 93101 INSURER E: UNDERWRITERS AT LLOYD IS, LONDON 022616 INSURERF: Continental Casualty Co 20443 COVERAGES DA CERTIFICATE NUMBER:Cert ID 49754 (47) 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 EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM/DD/YYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMA ToCLAIMS-MADE � OCCUR Y Y 680-OX748952-24-42 09/01/2024 09/01/2025 PRIM SES EaoN,E ence $ 300,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY PRO LOC PRODUCTS-COMP/OP AGG $ 4,000,000 X JECT OTHER:El $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident 1,000,000 A ANY AUTO Y Y 680-OX748952-24-42 09/01/2024 09/01/2025 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ A UMBRELLALIAB X OCCUR Y Y CUP-OX751286-24-42 09/01/2024 09/01/2025 EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ $ WORKERB AND EMPLOYERS' YIN Y UB-OX750517-24-42-G 09/01/2024 09/01/2025 X STATUTE EER PER H AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑N N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ F EPLI 652145186 09/01/2024 09/01/2025 EPLI Aggregate Limit g 4,000,000 A Property - Commercial 680-OX748952-24-42 09/01/2024 09/01/2025 Blanket Bus Per g 831,798 Pro - Ded $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Clerk of the City Council; City of Santa Ana and, it's Officers, Officials, Employees, and volunteers are to be covered as Additional Insureds as respects all operations of the named insured per written contract on file. Includes Blanket Waiver of Subrogation and Blanket Primary Wording endorsement. Cancellation is 30 days except for non-payment which is 10 days. Excess follows the General Liability, Auto and Work Comp. APPROVED By Cynthia Mora at 1:50 pm, Dec 05, 2024 CERTIFICATE HOLDER CAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) AUTHORIZED REPRESENTATIVE P.O. Box 1988 4. to RdU�.at Santa Ana CA 92702-1988 �xcu�uue.$�eau`.�ac. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 2 CERTIFICATE COVERAGES OVERFLOW DATE(MM/DD/YYYY) 08/15/2024 PRODUCER INSURED Aon Private Risk Mgmt - Phoenix Robert D. Niehaus, Inc 2555 E Camelback Rd 140 E. Carrillo Street Phoenix AZ 85016 Santa Barbara CA 93101 CONTACT NAME: PHONE(A/C,No,Ext): PHONE(A/C,No,Ext): Doreen Adelman (951) 772-8720 ADDITIONAL COVERAGES CERTIFICATE NUMBER: Cert ID 49754 REVISION NUMBER: INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS D Cyber/Network Liab H23NGP210314-03 09/01/2024 09/01/2025 Cyber Liability - $ 1,000,000 Limit D Cyber/Network Liab H23NGP210314-03 09/01/2024 09/01/2025 Cyber Liability - $ 2,500 Retention E Errors and Omissions MPL1118304.23 09/22/2024 09/22/2025 Aggregate $ 2,000,000 C Defense Base Acts WC 043093683 01/01/2024 01/01/2025 Bodily Inj per $ 1,000,000 Accident, & Disease S 5 5 $ APPROVED By Cynthia Mora at 1:50 pm, Dec 05, 2024 s s Certificate Coverages Overflow (11/2010) Page 2 of 2 See Page 15 and 16 for Primary Wording and Waiver COMMERCIAL GENERAL LIABILITY Policy# 680-OX748952-23-42 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read (1) The "bodily injury" or "property damage" is the entire policy carefully to determine rights, duties and caused by an "occurrence" that takes place what is and is not covered. in the "coverage territory"; Throughout this policy the words "you" and "your" refer (2) The "bodily injury" or "property damage" to the Named Insured shown in the Declarations, and occurs during the policy period; and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and (3) Prior to the policy period, no insured listed "our" refer to the company providing this insurance. under Paragraph 1. of Section II — Who Is The word "insured" means any person or organization An Insured and no "employee" authorized qualifying as such under Section II — Who Is An by you to give or receive notice of an Insured. "occurrence" or claim knew that the "bodily injury" or "property damage" had occurred, Other words and phrases that appear in quotation in whole or in part. If such a listed insured marks have special meaning. Refer to Section V — or authorized "employee" knew, prior to the Definitions. policy period, that the "bodily injury" or "property damage" occurred, then any SECTION I —COVERAGES continuation, change or resumption of such COVERAGE A — BODILY INJURY AND PROPERTY "bodily injury" or "property damage" during DAMAGE LIABILITY or after the policy period will be deemed to have been known prior to the policy period. 1. Insuring Agreement c. "Bodily injury" or "property damage" which a. We will pay those sums that the insured occurs during the policy period and was not, becomes legally obligated to pay as damages prior to the policy period, known to have because of"bodily injury" or "property damage" occurred by any insured listed under Paragraph to which this insurance applies. We will have 1. of Section II — Who Is An Insured or any the right and duty to defend the insured against "employee" authorized by you to give or receive any "suit" seeking those damages. However, notice of an "occurrence" or claim, includes any we will have no duty to defend the insured continuation, change or resumption of that against any "suit" seeking damages for "bodily "bodily injury" or "property damage" after the injury" or "property damage" to which this end of the policy period. insurance does not apply. We may, at our discretion, investigate any "occurrence" and d. "Bodily injury" or "property damage" will be settle any claim or"suit" that may result. But: deemed to have been known to have occurred at the earliest time when any insured listed (1) The amount we will pay for damages is under Paragraph 1. of Section II — Who Is An limited as described in Section III — Limits Insured or any "employee" authorized by you to Of Insurance; and give or receive notice of an "occurrence" or (2) Our right and duty to defend end when we claim: have used up the applicable limit of (1) Reports all, or any part, of the "bodily insurance in the payment of judgments or injury" or "property damage" to us or any settlements under Coverages A or B or other insurer; medical expenses under Coverage C. No other obligation or liability to pay sums or (2) Receives a written or verbal demand or perform acts or services is covered unless claim for damages because of the "bodily explicitly provided for under Supplementary injury or property damage"; or Payments. (3) Becomes aware by any other means that b. This insurance applies to "bodily injury" and "bodily injury" or "property damage" has "property damage" only if: FBy ppROVED Cynthia Mora at 1:42 pm, Dec 05, 2024 CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY e. Damages because of "bodily injury" include (3) Any statute, ordinance or regulation relating damages claimed by any person or organization to the sale, gift, distribution or use of for care, loss of services or death resulting at alcoholic beverages. any time from the "bodily injury". This exclusion applies only if you are in the 2. Exclusions business of manufacturing, distributing, selling, This insurance does not apply to: serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a a. Expected Or Intended Injury person to bring alcoholic beverages on your "Bodily injury" or "property damage" expected or premises, for consumption on your premises, intended from the standpoint of the insured whether or not a fee is charged or a license is This exclusion does not apply to "bodily injury" required for such activity, is not by itself or "property damage" resulting from the use of considered the business of selling, serving or furnishing alcoholic beverages. reasonable force to protect persons or property. b. Contractual Liability d. Workers' Compensation And Similar Laws "Bodily injury" or "property damage" for which Any obligation of the insured under a workers' the insured is obligated to pay damages by compensation, disability benefits or reason of the assumption of liability in a unemployment compensation law or any similar contract or agreement. This exclusion does not law. apply to liability for damages: e. Employer's Liability (1) That the insured would have in the absence "Bodily injury" to: of the contract or agreement; or (1) An "employee" of the insured arising out of (2) Assumed in a contract or agreement that is and in the course of: an "insured contract", provided that the "bodily injury" or "property damage" occurs (a) Employment by the insured; or subsequent to the execution of the contract (b) Performing duties related to the or agreement. Solely for the purposes of conduct of the insured's business; or liability assumed in an "insured contract", (2) The spouse, child, parent, brother or sister reasonable attorneys' fees and necessary of that "employee" as a consequence of litigation expenses incurred by or for a party Paragraph (1) above. other than an insured will be deemed to be damages because of "bodily injury" or This exclusion applies whether the insured may "property damage", provided that: be liable as an employer or in any other capacity and to any obligation to share damages with or (a) Liability to such party for, or for the repay someone else who must pay damages cost of, that party's defense has also because of the injury. been assumed in the same "insured This exclusion does not apply to liability contract"; and assumed by the insured under an "insured (b) Such attorneys' fees and litigation contract". expenses are for defense of that party against a civil or alternative dispute f. Pollution resolution proceeding in which (1) "Bodily injury" or "property damage" arising damages to which this insurance out of the actual, alleged or threatened applies are alleged. discharge, dispersal, seepage, migration, c. Liquor Liability release or escape of"pollutants": "Bodily injury" or "property damage" for which (a) At or from any premises, site or any insured may be held liable by reason of: location which is or was at any time owned or occupied by, or rented or (1) Causing or contributing to the intoxication loaned to, any insured. However, this of any person; subparagraph does not apply to: (2) The furnishing of alcoholic beverages to a (i) "Bodily injury" if sustained within a person under the legal drinking age or building and caused by smoke, under the influence of alcohol; or v;;nnr orproduced by APPROVED ipment that By Cynthia Mora at 1:42 pm, Dec 05, 2024 Page 2 of 21 ©2017 The Travelers indemnity Company.All rights reserve 1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY is used to heat, cool or dehumidify to perform the normal electrical, the building, or produced by or hydraulic or mechanical functions originating from equipment that is necessary for the operation of used to heat water for personal "mobile equipment" or its parts, if use by the building's occupants or such fuels, lubricants or other their guests; operating fluids escape from a (i i) "Bodily injury" or "property vehicle part designed to hold, store or receive them. This exception damage" for which you may be does not apply if the "bodily injury" held liable, if you are a contractor or "property damage" arises out of and the owner or lessee of such the intentional discharge, dispersal premises, site or location has been or release of the fuels, lubricants added to your policy as an or other operating fluids, or if such additional insured with respect to fuels, lubricants or other operating your ongoing operations performed for that additional insured at that fluids are brought on or to thepremises, site or location with the premises, site or location and such intent that they be discharged, premises, site or location is not dispersed or released as part of and never was owned or occupied the operations being performed by by, or rented or loaned to, any insured, other than that additional such insured, contractor or insured; or subcontractor; (iii) "Bodily injury" or "property (i i) "Bodily injury" or "property damage" arising out of heat, damage" sustained within a smoke or fumes from a "hostile building and caused by the release fire"; of gases, fumes or vapors from (b) At or from any premises, site or materials brought into that building location which is or was at any time in connection with operations being used by or for any insured or others for performed by you or on your behalf the handling, storage, disposal, by a contractor or subcontractor; or processing or treatment of waste; (c) If such "pollutants" are or were at any (iii) "Bodily injury" or "property time transported, handled, stored, damage" arising out of heat, treated, disposed of, or processed as smoke or fumes from a "hostile fire"; or waste by or for: (i) Any insured; or (e) At or from any premises, site or location on which any insured or any (ii) Any person or organization for contractors or subcontractors working whom you may be legally directly or indirectly on any insured's responsible; behalf are or were at any time (d) At or from any premises, site or performing operations to test for, location on which any insured or any monitor, clean up, remove, contain, contractors or subcontractors working treat, detoxify or neutralize, or in any directly or indirectly on any insured's way respond to, or assess the effects behalf are performing operations if the of, "pollutants". "pollutants" are brought on or to the premises, site or location in connection (2) Any loss, cost or expense arising out of with such operations by such insured, any: contractor or subcontractor. However, this subparagraph does not apply to: (a) Request, demand, order or statutory or regulatory requirement that any insured (i) "Bodily injury" or "property or others test for, monitor, clean up, damage" arising out of the escape remove, contain, treat, detoxify or of fuels, lubricants or other neutralize, or in any way respond to, or operating fluids which ar ants"; or EAPPROVED thia Mora at 1:42 pm, Dec 05, 2024 CG T1 00 02 19 ©2017 The Traveleompany.All rights reserved. rage 3 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY (b) Claim or suit by or on behalf of any (b) The operation of any of the machinery governmental authority or any other or equipment listed in Paragraph f.(2) person or organization because of or f.(3) of the definition of "mobile testing for, monitoring, cleaning up, equipment"; or removing, containing, treating, detoxifying or neutralizing, or in any (6) An aircraft that is: way responding to, or assessing the (a) Chartered with a pilot to any insured; effects of, "pollutants". (b) Not owned by any insured; and g. Aircraft,Auto Or Watercraft (c) Not being used to carry any person or "Bodily injury" or "property damage" arising out property for a charge. of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or h. Mobile Equipment watercraft owned or operated by or rented or "Bodily injury" or "property damage" arising out loaned to any insured. Use includes operation of: and "loading or unloading". (1) The transportation of "mobile equipment" This exclusion applies even if the claims by an "auto" owned or operated by or against any insured allege negligence or other rented or loaned to any insured; or wrongdoing in the supervision, hiring, employment, training or monitoring of others by (2) The use of "mobile equipment" in, or while that insured, if the "occurrence" which caused in practice for, or while being prepared for, any prearranged racing, speed, demolition, the "bodily injury" or"property damage" involved the ownership, maintenance, use or or stunting activity entrustment to others of any aircraft, "auto" or i. War watercraft that is owned or operated by or "Bodily injury" or "property damage" arising out rented or loaned to any insured. of: This exclusion does not apply to: (1) War, including undeclared or civil war; (1) A watercraft while ashore on premises you (2) Warlike action by a military force, including own or rent; action in hindering or defending against an (2) A watercraft you do not own that is: actual or expected attack, by any government, sovereign or other authority (a) 50 feet long or less; and using military personnel or other agents; or (b) Not being used to carry any person or (3) Insurrection, rebellion, revolution, usurped property for a charge; power, or action taken by governmental (3) Parking an "auto" on, or on the ways next authority in hindering or defending against to, premises you own or rent, provided the any of these. "auto" is not owned by or rented or loaned j, Damage To Property to you or the insured; "Property damage" to: (4) Liability assumed under any "insured contract" for the ownership, maintenance or (1) Property you own, rent, or occupy, use of aircraft or watercraft; including any costs or expenses incurred by you, or any other person, organization or (5) "Bodily injury" or "property damage" arising entity, for repair, replacement, out of: enhancement, restoration or maintenance (a) The operation of machinery or of such property for any reason, including equipment that is attached to, or part prevention of injury to a person or damage of, a land vehicle that would qualify as to another's property; "mobile equipment" under the definition (2) Premises you sell, give away or abandon, if of "mobile equipment" if such land the "property damage" arises out of any vehicle were not subject to a part of those premises; compulsory or financial responsibility law, or other motor vehicle insurance (3) Property loaned to you; law, where it is licensed or princi all , custody or garaged; or APPROVED By Cynthia Mora at 1:42 pm, Dec 05, 2024 Page 4 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY (5) That particular part of real property on accidental physical injury to "your product" or which you or any contractors or "your work" after it has been put to its intended subcontractors working directly or indirectly use. on your behalf are performing operations, if the "property damage" arises out of those n. Recall Of Products, Work Or Impaired operations; or Property (6) That particular part of any property that Damages claimed for any loss, cost or expense must be restored, repaired or replaced incurred by you or others for the loss of use, because "your work" was incorrectly withdrawal, recall, inspection, repair, performed on it. replacement, adjustment, removal or disposal of: Paragraphs (1), (3) and (4) of this exclusion do (1) "Your product"; not apply to "premises damage". A separate limit of insurance applies to "premises damage" (2) "Your work"; or as described in Paragraph 6. of Section III — (3) "Impaired property"; Limits Of Insurance. Paragraph (2) of this exclusion does not apply if if such product, work, or property is withdrawn the premises are "your work" and were never or recalled from the market or from use by any occupied, rented or held for rental by you. person or organization because of a known or suspected defect, deficiency, inadequacy or Paragraphs (3), (4), (5) and (6) of this dangerous condition in it. exclusion do not apply to liability assumed under a sidetrack agreement. o. Personal And Advertising Injury Paragraph (6) of this exclusion does not apply "Bodily injury" arising out of "personal and to "property damage" included in the "products- advertising injury". completed operations hazard". p. Electronic Data k. Damage To Your Product Damages arising out of the loss of, loss of use "Property damage" to "your product" arising out of, damage to, corruption of, inability to access, of it or any part of it. or inability to manipulate "electronic data". I. Damage To Your Work However, this exclusion does not apply to liability for damages because of"bodily injury". "Property damage" to "your work" arising out of it or any part of it and included in the "products- q• Unsolicited Communication completed operations hazard". "Bodily injury" or "property damage" arising out This exclusion does not apply if the damaged of any actual or alleged violation of any law that work or the work out of which the damage restricts or prohibits the sending, transmitting arises was performed on your behalf by a or distributing of"unsolicited communication". subcontractor. r. Access Or Disclosure Of Confidential Or m. Damage To Impaired Property Or Property Personal Information Not Physically Injured "Bodily injury" or "property damage" arising out "Property damage" to "impaired property" or of any access to or disclosure of any person's property that has not been physically injured, or organization's confidential or personal arising out of: information. (1) A defect, deficiency, inadequacy or s. Asbestos dangerous condition in "your product" or "your work"; or (1) "Bodily injury" or "property damage" arising out of the actual or alleged presence or (2) A delay or failure by you or anyone acting actual, alleged or threatened dispersal of on your behalf to perform a contract or asbestos, asbestos fibers or products agreement in accordance with its terms. containing asbestos, provided that the This exclusion does not apply to the loss of use "bodily injury" or "property damage" is of other property arising out of su caused or contributed to by the hazardous APPROVED By Cynthia Mora at 1:42 pm, Dec 05, 2024 10 CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY (2) "Bodily injury" or "property damage" arising employment-related practices described in out of the actual or alleged presence or Paragraph (a), (b),or(c) above is directed. actual, alleged or threatened dispersal of This exclusion applies whether the insured may any solid, liquid, gaseous or thermal irritant be liable as an employer or in any other capacity or contaminant, including smoke, vapors, and to any obligation to share damages with or soot, fumes, acids, alkalis, chemicals and repay someone else who must pay damages waste, and that are part of any claim or because of the "bodily injury". "suit" which also alleges any "bodily injury" Exclusions c. through n. do not apply to "premises or "property damage" described in damage". A separate limit of insurance applies to Paragraph (1) above. "premises damage" as described in Paragraph 6. of (3) Any loss, cost or expense arising out of Section III — Limits Of Insurance. any: COVERAGE B—PERSONAL AND ADVERTISING (a) Request, demand, order or statutory or INJURY LIABILITY regulatory requirement that any insured 1. Insuring Agreement or others test for, monitor, clean up, a. We will pay those sums that the insured remove, contain, treat, detoxify or becomes legally obligated to pay as damages neutralize, or in any way respond to, or because of "personal and advertising injury" to assess the effects of, asbestos, which this insurance applies. We will have the asbestos fibers or products containing right and duty to defend the insured against any asbestos; or "suit" seeking those damages. However, we will (b) Claim or suit by or on behalf of any have no duty to defend the insured against any governmental authority or any other "suit" seeking damages for "personal and person or organization because of advertising injury" to which this insurance does testing for, monitoring, cleaning up, not apply. We may, at our discretion, removing, containing, treating, investigate any offense and settle any claim or "suit" that may result. But: detoxifying or neutralizing, or in any way responding to, or assessing the (1) The amount we will pay for damages is effects of, asbestos, asbestos fibers or limited as described in Section III — Limits products containing asbestos. Of Insurance; and t. Employment-Related Practices (2) Our right and duty to defend end when we "Bodily injury" to: have used up the applicable limit of insurance in the payment of judgments or (1) A person arising out of any: settlements under Coverages A or B or (a) Refusal to employ that person; medical expenses under Coverage C. (b) Termination of that person's No other obligation or liability to pay sums or employment; or perform acts or services is covered unless (c) Employment-related practice, policy, explicitly provided for under Supplementary act or omission, such as coercion, Payments. demotion, evaluation, reassignment, b. This insurance applies to "personal and discipline, failure to promote or advertising injury" caused by an offense arising advance, harassment, humiliation, out of your business but only if the offense was discrimination, libel, slander, violation committed in the "coverage territory" during the of the person's right of privacy, policy period. malicious prosecution or false arrest, 2 Exclusions detention or imprisonment applied to or directed at that person, regardless of This insurance does not apply to: whether such practice, policy, act or a. Knowing Violation Of Rights Of Another omission occurs, is applied or is "Personal and advertising injury" caused by or committed before, during or after the at the direction of the insured with the time of that person's employment; or knowledge that the act would violate the rights (2) The spouse, child, parent, brother or sister of another and would inflict "personal and of that person as a consequence injury" to that person at whom a APPROVED By Cynthia Mora at 1:42 pm, Dec 05, 2024 10 Page 6 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY This exclusion does not apply to "personal against a civil or alternative dispute injury" caused by malicious prosecution. resolution proceeding in which b. Material Published With Knowledge Of damages to which this insurance Falsity applies are alleged. "Personal and advertising injury" arising out of f. Breach Of Contract oral or written publication, including publication "Advertising injury" arising out of a breach of by electronic means, of material, if done by or at contract. the direction of the insured with knowledge of its falsity. g. Quality Or Performance Of Goods - Failure To Conform To Statements c. Material Published Or Used Prior To Policy "Advertising injury" arising out of the failure of Period goods, products or services to conform with (1) "Personal and advertising injury" arising out any statement of quality or performance made of oral or written publication, including in your"advertisement". publication by electronic means, of material h. Wrong Description Of Prices whose first publication took place before the beginning of the policy period; or Advertising injury arising out of the wrong description of the price of goods, products or (2) "Advertising injury" arising out of services stated in your"advertisement". infringement of copyright, "title" or "slogan" in your "advertisement" whose first i. Intellectual Property infringement in your "advertisement" was "Personal and advertising injury" arising out of committed before the beginning of the any actual or alleged infringement or violation of policy period. any of the following rights or laws, or any other "personal and advertising injury" alleged in any d. Criminal Acts claim or "suit" that also alleges any such "Personal and advertising injury" arising out of a infringement or violation: criminal act committed by or at the direction of (1) Copyright; the insured. e. Contractual Liability (2) Patent; "Personal and advertising injury" for which the (3) Trade dress; insured has assumed liability in a contract or (4) Trade name; agreement. This exclusion does not apply to (5) Trademark; liability for damages: (6) Trade secret; or (1) That the insured would have in the absence (7) Other intellectual property rights or laws. of the contract or agreement; or (2) Because of "personal injury" assumed by This exclusion does not apply to: you in a contract or agreement that is an (1) "Advertising injury" arising out of any actual "insured contract", provided that the or alleged infringement or violation of "personal injury" is caused by an offense another's copyright, "title" or "slogan" in committed subsequent to the execution of your"advertisement"; or the contract or agreement. Solely for the purposes of liability assumed by you in an (2) Any other "personal and advertising injury" "insured contract", reasonable attorneys' alleged in any claim or "suit" that also fees and necessary litigation expenses alleges any such infringement or violation incurred by or for a party other than an of another's copyright, "title" or "slogan" in insured will be deemed to be damages your"advertisement". because of"personal injury", provided that: j• Insureds In Media And Internet Type (a) Liability to such party for, or for the Businesses cost of, that party's defense has also "Personal and advertising injury" caused by an been assumed by you in the same offense committed by an insured whose "insured contract"; and business is: (b) Such attorneys' fees and expenses are for defense of APPROVED ublishing; By Cynthia Mora at 1:42 pm, Dec 05, 2024 10 CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 7 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY (2) Designing or determining content of neutralizing, or in any way responding to,or websites for others; or assessing the effects of, "pollutants". (3) An Internet search, access, content or o. War service provider. "Personal and advertising injury" arising out of: However, this exclusion does not apply to Paragraphs a.(1), (2) and (3) of the definition of (1) War, including undeclared or civil war; "personal injury". (2) Warlike action by a military force, including For the purposes of this exclusion: action in hindering or defending against an actual or expected attack, by any (1) Creating and producing correspondence government, sovereign or other authority written in the conduct of your business, using military personnel or other agents; or bulletins, financial or annual reports, or newsletters about your goods, products or (3) Insurrection, rebellion, revolution, usurped services will not be considered the power, or action taken by governmental business of publishing; and authority in hindering or defending against any of these. (2) The placing of frames, borders or links, or p_ Unsolicited Communication advertising, for you or others anywhere on the Internet will not, by itself, be considered "Personal and advertising injury" arising out of the business of advertising, "broadcasting" any actual or alleged violation of any law that or publishing. restricts or prohibits the sending, transmitting k. Electronic Chatrooms Or Bulletin Boards or distributing of"unsolicited communication". q. Access Or Disclosure Of Confidenital Or "Personal and advertising injury" arising out of Personal Information an electronic chatroom or bulletin board the insured hosts or owns, or over which the "Personal and advertising injury" arising out of insured exercises control. any access to or disclosure of any person's or organization's confidential or personal I. Unauthorized Use Of Another's Name Or information. Product r. Asbestos "Personal and advertising injury" arising out of (1) "Personal and advertising injury" arising out the unauthorized use of another's name or of the actual or alleged presence or actual, product in your e-mail address, domain name or alleged or threatened dispersal of asbestos, metatag, or any other similar tactics to mislead asbestos fibers or products containing another's potential customers. asbestos, provided that the "personal and m. Pollution advertising injury" is caused or contributed "Personal and advertising injury" arising out of to by the hazardous properties of asbestos. the actual, alleged or threatened discharge, (2) "Personal and advertising injury" arising out dispersal, seepage, migration, release or of the actual or alleged presence or actual, escape of"pollutants" at any time. alleged or threatened dispersal of any solid, liquid, gaseous or thermal irritant or n. Pollution-Related contaminant, including smoke, vapors, Any loss, cost or expense arising out of any: soot, fumes, acids, alkalis, chemicals and 1 Request, demand, order or statutory or waste, and that are part of any claim or ( ) q r`1 suit which also alleges any personal and regulatory requirement that any insured or advertising injury" described in Paragraph others test for, monitor, clean up, remove, (1) above. contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects (3) Any loss, cost or expense arising out of of, "pollutants"; or any: (2) Claim or suit by or on behalf of any (a) Request, demand, order or statutory or governmental authority or any other person regulatory requirement that any insured or organization because of testing for, or others test for, monitor, clean up, monitoring, cleaning up, detoxify or containing, treating, detoxif APPROVED spond to, or By Cynthia Mora at 1:42 pm, Dec 05, 2024 Page 8 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY assess the effects of, asbestos, (3) Because of your operations; asbestos fibers or products containing provided that: asbestos; or (a) The accident takes place in the "coverage (b) Claim or suit by or on behalf of any territory" and during the policy period; governmental authority or any other person or organization because of (b) The expenses are incurred and reported to testing for, monitoring, cleaning up, us within one year of the date of the removing, containing, treating, accident; and detoxifying or neutralizing, or in any (c) The injured person submits to examination, way responding to, or assessing the at our expense, by physicians of our choice effects of, asbestos, asbestos fibers or as often as we reasonably require. products containing asbestos. b. We will make these payments regardless of s. Employment-Related Practices fault. These payments will not exceed the "Personal injury" to: applicable limit of insurance. We will pay reasonable expenses for: (1) A person arising out of any: (1) First aid administered at the time of an (a) Refusal to employ that person; accident; (b) Termination of that person's (2) Necessary medical, surgical, X-ray and employment; or dental services, including prosthetic (c) Employment-related practice, policy, devices; and act or omission, such as coercion, (3) Necessary ambulance, hospital, demotion, evaluation, reassignment, professional nursing and funeral services. discipline, failure to promote or 2. Exclusions advance, harassment, humiliation, discrimination, libel, slander, violation We will not pay expenses for"bodily injury": of the person's right of privacy, a. Any Insured malicious prosecution or false arrest, To any insured, except "volunteer workers". detention or imprisonment applied to or directed at that person, regardless of b. Hired Person whether such practice, policy, act or To a person hired to do work for or on behalf of omission occurs, is applied or is any insured or a tenant of any insured. committed before, during or after the time of that person's employment; or c. Injury On Normally Occupied Premises (2) The spouse, child, parent, brother or sister To a person injured on that part of premises of that person as a consequence of you own or rent that the person normally "personal injury" to that person at whom occupies. any of the employment-related practices d. Workers' Compensation And Similar Laws described in Paragraph (a), (b), or (c) To a person, whether or not an "employee" of above is directed. any insured, if benefits for the "bodily injury" are This exclusion applies whether the insured may payable or must be provided under a workers' be liable as an employer or in any other capacity compensation or disability benefits law or a and to any obligation to share damages with or similar law. repay someone else who must pay damages e. Athletics Activities because of the "personal injury". To a person injured while practicing, instructing COVERAGE C— MEDICAL PAYMENTS or participating in any physical exercises or 1. Insuring Agreement games, sports, or athletic contests. a. We will pay medical expenses as described f. Products-Completed Operations Hazard below for "bodily injury" caused by an accident: Included within the "products-completed (1) On premises you own or rent; operations hazard". (2) On ways next to premises you o A _ �____..___ or APPROVED By Cynthia Mora at 1:42 pm, Dec 05, 2024 CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 9 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY SUPPLEMENTARY PAYMENTS assumed by the insured in the same "insured 1. We will pay, with respect to any claim we contract"; investigate or settle, or any "suit" against an insured d. The allegations in the "suit" and the information we defend: we know about the "occurrence" or offense are such that no conflict appears to exist between a. All expenses we incur. the interests of the insured and the interests of b. Up to $2,500 for the cost of bail bonds required the indemnitee; because of accidents or traffic law violations e. The indemnitee and the insured ask us to arising out of the use of any vehicle to which conduct and control the defense of that the Bodily Injury Liability Coverage applies. We indemnitee against such "suit" and agree that do not have to furnish these bonds. we can assign the same counsel to defend the c. The cost of bonds to release attachments, but insured and the indemnitee; and only for bond amounts within the applicable limit f. The indemnitee: of insurance. We do not have to furnish these (1) Agrees in writing to: bonds. d. All reasonable expenses incurred by the (a) Cooperate with us in the investigation, insured at our request to assist us in the settlement or defense of the "suit"; investigation or defense of the claim or "suit", (b) Immediately send us copies of any including actual loss of earnings up to $500 a demands, notices, summonses or legal day because of time off from work. papers received in connection with the e. All court costs taxed against the insured in the "suit"; "suit". However, these payments do not include (c) Notify any other insurer whose attorneys' fees or attorneys' expenses taxed coverage is available to the indemnitee; against the insured. and f. Prejudgment interest awarded against the (d) Cooperate with us with respect to insured on that part of the judgment we pay. If coordinating other applicable insurance we make an offer to pay the applicable limit of available to the indemnitee; and insurance, we will not pay any prejudgment (2) Provides us with written authorization to: interest based on that period of time after the offer. (a) Obtain records and other information g. All interest on the full amount of any judgment related to the "suit"; and that accrues after entry of the judgment and (b) Conduct and control the defense of the before we have paid, offered to pay, or indemnitee in such "suit". deposited in court the part of the judgment that So long as the above conditions are met, attorneys' is within the applicable limit of insurance. fees incurred by us in the defense of that These payments will not reduce the limits of indemnitee, necessary litigation expenses incurred insurance. by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as 2. If we defend an insured against a "suit" and an Supplementary Payments. Notwithstanding the indemnitee of the insured is also named as a party provisions of Paragraph 2.b.(2) of Section I — to the "suit", we will defend that indemnitee if all of Coverages — Coverage A — Bodily Injury And the following conditions are met: Property Damage Liability or Paragraph 2.e. of a. The "suit" against the indemnitee seeks Section I — Coverages — Coverage B — Personal damages for which the insured has assumed And Advertising Injury Liability, such payments will the liability of the indemnitee in a contract or not be deemed to be damages for "bodily injury", agreement that is an "insured contract"; "property damage" or "personal injury", and will not reduce the limits of insurance. b. This insurance applies to such liability assumed Our obligation to defend an insured's indemnitee by the insured; and to pay for attorneys' fees and necessary c. The obligation to defend, or the cost of the litigation expenses as Supplementary Payments defense of, that indemnitee, has i APPROVED By Cynthia Mora at 1:42 pm, Dec 05, 2024 Page 10 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY a. We have used up the applicable limit of workers" while performing duties insurance in the payment of judgments, related to the conduct of your settlements or medical expenses; or business; b. The conditions set forth above, or the terms of (b) To the spouse, child, parent, brother or the agreement described in Paragraph f. above, sister of that co-"employee" or are no longer met. "volunteer worker" as a consequence SECTION II —WHO IS AN INSURED of Paragraph (1)(a) above; 1. If you are designated in the Declarations as: (c) For which there is any obligation to a. An individual, you and your spouse are share damages with or repay someone insureds, but only with respect to the conduct else who must pay damages because of a business of which you are the sole owner. of the injury described in Paragraph b. A partnership or joint venture, you are an (1)(a) or(b) above; or insured. Your members, your partners, and (d) Arising out of his or her providing or their spouses are also insureds, but only with failing to provide professional health respect to the conduct of your business. care services. c. A limited liability company, you are an insured. Unless you are in the business or Your members are also insureds, but only with occupation of providing professional health respect to the conduct of your business. Your care services, Paragraphs (1)(a), (b), (c) managers are insureds, but only with respect to and (d) above do not apply to "bodily injury" their duties as your managers. arising out of providing or failing to provide d. An organization other than a partnership, joint first aid or "Good Samaritan services" by venture or limited liability company, you are an any of your "employees" or "volunteer insured. Your "executive officers" and directors workers", other than an employed or volunteer doctor. Any such employees or are insureds, but only with respect to their "volunteer workers" providing or failing to duties as your officers or directors. Your stockholders are also insureds, but only with provide first aid or "Good Samaritan respect to their liability as stockholders. services" during their work hours for you will be deemed to be acting within the e. A trust, you are an insured. Your trustees are scope of their employment by you or also insureds, but only with respect to their performing duties related to the conduct of duties as trustees. your business. 2. Each of the following is also an insured: (2) "Property damage" to property: a. Your "volunteer workers" only while performing (a) Owned, occupied or used by; duties related to the conduct of your business, (b) Rented to, in the care, custody or or your "employees", other than either your control of, or over which physical "executive officers" (if you are an organization control is being exercised for any other than a partnership, joint venture or limited purpose by; liability company) or your managers (if you are a limited liability company), but only for acts you, any of your "employees", "volunteer within the scope of their employment by you or workers", any partner or member (if you are while performing duties related to the conduct a partnership or joint venture), or any of your business. However, none of these member (if you are a limited liability "employees" or "volunteer workers" are company). insureds for: b. Any person (other than your "employee" or (1) "Bodily injury" or"personal injury": "volunteer worker"), or any organization, while (a) To you, to your partners or members (if acting as your real estate manager. you are a partnership or joint venture), c. Any person or organization having proper to your members (if you are a limited temporary custody of your property if you die, liability company), to a co-"employee" but only: while in the course of his or her (1) With respect to liability arising out n the employment or performing duties related to the conduct erty; and business, or to your other APPROVED has been By Cynthia Mora at 1:42 pm, Dec 05, 2024 CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 11 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY d. Your legal representative if you die, but only b. Arises out of the ownership, maintenance or with respect to duties as such. That use of that part of any premises leased to you. representative will have all your rights and The insurance provided to such premises owner, duties under this Coverage Part. manager or lessor is subject to the following e. Any person or organization that, with your provisions: express or implied consent, either uses or is a. The limits of insurance provided to such responsible for the use of a watercraft that you premises owner, manager or lessor will be the do not own that is: minimum limits that you agreed to provide in the (1) 50 feet long or less; and written contract or agreement, or the limits (2) Not being used to carry any person or shown in the Declarations, whichever are less. property for a charge. b. The insurance provided to such premises 3. Any organization you newly acquire or form, other owner, manager or lessor does not apply to: than a partnership, joint venture or limited liability (1) Any "bodily injury" or "property damage" company, and of which you are the sole owner or in that occurs, or "personal and advertising which you maintain an ownership interest of more injury" caused by an offense that is than 50%, will qualify as a Named Insured if there is committed, after you cease to be a tenant in no other similar insurance available to that that premises; or organization. However: (2) Structural alterations, new construction or a. Coverage under this provision is afforded only demolition operations performed by or on until the 180th day after you acquire or form the behalf of such premises owner, manager or organization or the end of the policy period, lessor. whichever is earlier; S. Any person or organization that is an equipment b. Coverage A does not apply to "bodily injury" or lessor and that you have agreed in a written contract "property damage" that occurred before you or agreement to include as an additional insured on acquired or formed the organization; and this Coverage Part is an insured, but only with c. Coverage B does not apply to "personal and respect to liability for "bodily injury", "property advertising injury" arising out of an offense damage", or"personal and advertising injury" that: committed before you acquired or formed the a. Is "bodily injury" or "property damage" that organization. occurs, or is "personal and advertising injury" caused by an offense that is committed, For the purposes of Paragraph 1. of Section II — subsequent to the signing of that contract or Who Is An Insured, each such organization will be agreement; and deemed to be designated in the Declarations as: b. Is caused, in whole or in part, by your acts or a. An organization, other than a partnership, joint omissions in the maintenance, operation or use venture or limited liability company; or of equipment leased to you by such equipment b. A trust; lessor. The insurance provided to such equipment lessor is as indicated in its name or the documents that subject to the following provisions: govern its structure. a. The limits of insurance provided to such 4. Any person or organization that is a premises equipment lessor will be the minimum limits that owner, manager or lessor and that you have agreed you agreed to provide in the written contract or in a written contract or agreement to include as an agreement, or the limits shown in the additional insured on this Coverage Part is an Declarations, whichever are less. insured, but only with respect to liability for "bodily injury", "property damage" or "personal and b. The insurance provided to such equipment advertising injury" that: lessor does not apply to any "bodily injury" or "property damage" that occurs, or "personal a. Is "bodily injury" or "property damage" that and advertising injury" caused by an offense occurs, or is "personal and advertising injury" that is committed, after the equipment lease caused by an offense that is committed, expires. subsequent to the signing of that c ntrart ar -ith respect to agreement; and APPROVED nership, joint By Cynthia Mora at 1:42 pm, Dec 05, 2024 Page 12 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY venture or limited liability company that is not shown as a. The amount shown for the Damage To a Named Insured in the Declarations. This paragraph Premises Rented To You Limit in the does not apply to any such partnership, joint venture or Declarations of this Coverage Part; or limited liability company that otherwise qualifies as an b. $300,000 if no amount is shown for the insured under Section II —Who Is An Insured. Damage To Premises Rented To You Limit in SECTION III — LIMITS OF INSURANCE the Declarations of this Coverage Part. 1. The Limits of Insurance shown in the Declarations 7. Subject to Paragraph S. above, the Medical and the rules below fix the most we will pay Expense Limit is the most we will pay under regardless of the number of: Coverage C for all medical expenses because of a. Insureds; "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply b. Claims made or"suits" brought; or separately to each consecutive annual period and to any c. Persons or organizations making claims or remaining period of less than 12 months, starting with bringing "suits". the beginning of the policy period shown in the Declarations, unless the policy period is extended after 2. The General Aggregate Limit is the most we will pay issuance for an additional period of less than 12 for the sum of: months. In that case, the additional period will be a. Medical expenses under Coverage C; deemed part of the last preceding period for purposes of b. Damages under Coverage A, except damages determining the Limits of Insurance. because of "bodily injury" or "property damage" SECTION IV — COMMERCIAL GENERAL LIABILITY included in the "products-completed operations CONDITIONS hazard"; and 1. Bankruptcy c. Damages under Coverage B. Bankruptcy or insolvency of the insured or of the 3. The Products-Completed Operations Aggregate insured's estate will not relieve us of our obligations Limit is the most we will pay under Coverage A for under this Coverage Part. damages because of "bodily injury" and "property 2. Duties In The Event Of Occurrence, Offense, damage" included in the "products-completed Claim Or Suit operations hazard". a. You must see to it that we are notified as soon 4. Subject to Paragraph 2. above, the Personal And as practicable of an "occurrence" or an offense Advertising Injury Limit is the most we will pay which may result in a claim. To the extent under Coverage B for the sum of all damages possible, notice should include: because of all "personal injury" and "advertising injury" sustained by any one person or organization. (1) How, when and where the "occurrence" or offense took place; 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we (2) The names and addresses of any injured will pay for the sum of: persons and witnesses; and a. Damages under Coverage A; and (3) The nature and location of any injury or damage arising out of the "occurrence" or b. Medical expenses under Coverage C; offense. because of all "bodily injury" and "property damage" arising out of any one "occurrence". b. If a claim is made or "suit" is brought against any insured, you must: For the purposes of determining the applicable Each Occurrence Limit, all related acts or (1) Immediately record the specifics of the omissions committed in providing or failing to claim or "suit" and the date received; and provide first aid or "Good Samaritan services" to (2) Notify us as soon as practicable. any one person will be deemed to be one "occurrence". You must see to it that we receive written notice of the claim or "suit" as soon as practicable. 6. Subject to Paragraph S. above, the Damage To Premises Rented To You Limit is the most we will c. You and any other involved insured must: pay under Coverage A for damages because of (1) Immediately send us copies of any "premises damage" to any one prem es or legal Damage To Premises Rented To You Limi APPROVED on with the By Cynthia Mora at 1:42 pm, Dec 05, 2024 CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 13 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY (2) Authorize us to obtain records and other (iii) An executive officer or director of information; any other organization; or (3) Cooperate with us in the investigation or (iv) A trustee of any trust; settlement of the claim or defense against the "suit"; and that is your partner, joint venture member, manager or trustee; or (4) Assist us, upon our request, in the enforcement of any right against any (b) Any employee authorized by such person or organization which may be liable partnership, joint venture, limited liability company, trust or other to the insured because of injury or damage to which this insurance may also apply. organization to give notice of an "occurrence" or offense. d. No insured will, except at that insured's own (3) Notice to us of such "occurrence" or cost, voluntarily make a payment, assume any offense will be deemed to be given as soon obligation, or incur any expense, other than for as practicable if it is given in good faith as first aid, without our consent. soon as practicable to your workers' e. The following provisions apply to Paragraph a. compensation insurer. This applies only if above, but only for purposes of the insurance you subsequently give notice to us of the provided under this Coverage Part to you or any "occurrence" or offense as soon as insured listed in Paragraph 1. or 2. of Section II practicable after any of the persons —Who Is An Insured: described in Paragraph e.(1) or (2) above discovers that the "occurrence" or offense (1) Notice to us of such "occurrence" or may result in sums to which the insurance offense must be given as soon as provided under this Coverage Part may practicable only after the "occurrence" or apply. offense is known to you (if you are an However, if this policy includes an endorsement individual), any of your partners or that provides limited coverage for "bodily injury" members who is an individual (if you are a or "property damage" or pollution costs arising partnership or joint venture), any of your out of a discharge, release or escape of managers who is an individual (if you are a "pollutants" which contains a requirement that limited liability company), any of your the discharge, release or escape of "pollutants" "executive officers" or directors (if you are must be reported to us within a specific number an organization other than a partnership, of days after its abrupt commencement, this joint venture, or limited liability company), Paragraph e. does not affect that requirement. any of your trustees who is an individual (if you are a trust) or any "employee,, 3. Legal Action Against Us authorized by you to give notice of an No person or organization has a right under this "occurrence" or offense. Coverage Part: (2) If you are a partnership, joint venture, a. To join us as a party or otherwise bring us into limited liability company or trust, and none a "suit" asking for damages from an insured; or of your partners, joint venture members, b. To sue us on this Coverage Part unless all of managers or trustees are individuals, notice its terms have been fully complied with. to us of such "occurrence" or offense must be given as soon as practicable only after A person or organization may sue us to recover on the "occurrence" or offense is known by: an agreed settlement or on a final judgment against an insured; but we will not be liable for damages (a) Any individual who is: that are not payable under the terms of this (i) A partner or member of any Coverage Part or that are in excess of the partnership or joint venture; applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by (ii) A manager of any limited liability us, the insured, and the claimant or the claimant's company; legal representative. APPROVED By Cynthia Mora at 1:42 pm, Dec 05, 2024 Page 14 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY 4. Other Insurance (ii) That is insurance for "premises If valid and collectible other insurance is available to damage"; the insured for a loss we cover under Coverages A (iii) If the loss arises out of the or B of this Coverage Part, our obligations are maintenance or use of aircraft, limited as described in Paragraphs a. and b. below. "autos" or watercraft to the extent As used anywhere in this Coverage Part, other not subject to any exclusion in this insurance means insurance, or the funding of Coverage Part that applies to losses, that is provided by, through or on behalf of: aircraft, "autos" or watercraft; (i) Another insurance company; (iv) That is insurance available to a premises owner, manager or (i i) Us or any of our affiliated insurance companies, lessor that qualifies as an insured except when the Non cumulation of Each under Paragraph 4. of Section II — Occurrence Limit provision of Paragraph 5. of Who Is An Insured, except when Section III — Limits Of Insurance or the Non Paragraph d. below applies; or cumulation of Personal and Advertising Injury (v) That is insurance available to an Limit provision of Paragraph 4. of Section III — equipment lessor that qualifies as Limits of Insurance applies because the an insured under Paragraph 5. of Amendment — Non Cumulation Of Each Occurrence Limit Of Liability And Non Section II — Who Is An Insured, Cumulation Of Personal And Advertising Injury except when Paragraph d. below applies. Limit endorsement is included in this policy; (iii)Any risk retention group; or (b) Any of the other insurance, whether primary, excess, contingent or on any (iv)Any self-insurance method or program, in other basis, that is available to the which case the insured will be deemed to be insured when the insured is an the provider of other insurance. additional insured, or is any other Other insurance does not include umbrella insured that does not qualify as a insurance, or excess insurance, that was bought named insured, under such other specifically to apply in excess of the Limits of insurance. Insurance shown in the Declarations of this (2) When this insurance is excess, we will Coverage Part. have no duty under Coverages A or B to As used anywhere in this Coverage Part, other defend the insured against any "suit" if any insurer means a provider of other insurance. As other insurer has a duty to defend the insured against that suit . If no other used in Paragraph c. below, insurer means a insurer defends, we will undertake to do so, provider of insurance. but we will be entitled to the insured's rights a. Primary Insurance against all those other insurers. This insurance is primary except when (3) When this insurance is excess over other Paragraph b. below applies. If this insurance is insurance, we will pay only our share of the primary, our obligations are not affected unless amount of the loss, if any, that exceeds the any of the other insurance is also primary. sum of: Then, we will share with all that other insurance (a) The total amount that all such other by the method described in Paragraph c. below, insurance would pay for the loss in the except when Paragraph d. below applies. absence of this insurance; and b. Excess Insurance (b) The total of all deductible and self- insured amounts under all that other (1) This insurance is excess over: insurance. (a) Any of the other insurance, whether (4) We will share the remaining loss, if any, primary, excess, contingent or on any with any other insurance that is not other basis: described in this Excess Insurance provision and was not bought specifically to (i) That is Fire, Extended Coverage, apply in excess of the Limits of Insurance Builder's Risk, Installation shown in the Declarations of this Coverage similar coverage for "your APPROVED By Cynthia Mora at 1:42 pm, Dec 05, 2024 CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 15 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any information provided by you which we relied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract J7. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to each insured against whom claim is made or "suit" is brought. provided that: (1) The "bodily injury" or "property damage" for Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, subsequent to the signing of that contract or the insured will bring "suit" or transfer those rights agreement by you. to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date SECTION V— DEFINITIONS for audit and retrospective premiums is the date 1. "Advertisement" means a notice that is broadcast or shown as the due date on the bill. If the sum of published to the general public or specific market the advance and audit premiums paid for the segments about your goods, products or services policy period is greater than the earned for the purpose of attracting customers or premium, we will return the excess to the first Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services for the purposes of attracting customers or By accepting this policy, you agree: ement.APPROVED � By Cynthia Mora at 1:42 pm, Dec 05, 2024 Page 16 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY 2. "Advertising injury": b. In, by or with any other electronic means of a. Means injury caused by one or more of the communication, such as the Internet, if that following offenses: material is part of: (1) Oral or written publication, including (1) Radio or television programming being publication by electronic means, of material transmitted; in your "advertisement" that slanders or (2) Other entertainment, educational, libels a person or organization or instructional, music or news programming disparages a person's or organization's being transmitted; or goods, products or services, provided that the claim is made or the "suit" is brought by (3) Advertising transmitted with any of such a person or organization that claims to have programming. been slandered or libeled, or that claims to have had its goods, products or services 6. "Coverage territory" means: disparaged; a. The United States of America (including its (2) Oral or written publication, including territories and possessions), Puerto Rico and publication by electronic means, of material Canada; in your"advertisement" that: b. International waters or airspace, but only if the (a) Appropriates a person's name, voice, injury or damage occurs in the course of travel photograph or likeness; or or transportation between any places included (b) Unreasonably places a person in a in Paragraph a. above; or false light; or c. All other parts of the world if the injury or (3) Infringement of copyright, "title" or "slogan" damage arises out of: in your "advertisement", provided that the (1) Goods or products made or sold by you in claim is made or the "suit" is brought by a the territory described in Paragraph a. person or organization that claims above; ownership of such copyright, "title" or "slogan". (2) The activities of a person whose home is in b. Includes "bodily injury" caused by one or more the territory described in Paragraph a. of the offenses described in Paragraph a. above, but is away for a short time on your above. business; or 3. "Auto" means: (3) "Personal and advertising injury" offenses a. A land motor vehicle, trailer or semitrailer that take place through the Internet or designed for travel on public roads, including similar electronic means of communication; any attached machinery or equipment; or provided the insured's responsibility to pay b. Any other land vehicle that is subject to a damages is determined in a "suit" on the merits in compulsory or financial responsibility law, or the territory described in Paragraph a. above, or in a other motor vehicle insurance law, where it is settlement we agree to. licensed or principally garaged. 7. "Electronic data" means information, facts or However, "auto" does not include "mobile programs stored as or on, created or used on, or equipment". transmitted to or from computer software (including 4. "Bodily injury" means: systems and applications software), hard or floppy disks, CD-ROMs, tapes, drives, cells, data a. Physical harm, including sickness or disease, processing devices or any other media which are sustained by a person; or used with electronically controlled equipment. b. Mental anguish, injury or illness, or emotional g, "Employee" includes a "leased worker". "Employee" distress, resulting at any time from such does not include a "temporary worker". physical harm, sickness or disease. S. "Broadcasting" means transmitting any audio or 9. "Executive officer" means a person holding any of visual material for any purpose: the officer positions created by your charter, constitution, bylaws or any other similar governing a. By radio or television; or APPROVED By Cynthia Mora at 1:42 pm, Dec 05, 2024 CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 17 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY 10. "Good Samaritan services" means any emergency tracks, roadbeds, tunnel, underpass or medical services for which no compensation is crossing; demanded or received. (2) That indemnifies an architect, engineer or 11. "Hostile fire" means a fire which becomes surveyor for injury or damage arising out of: uncontrollable or breaks out from where it was (a) Preparing, approving, or failing to intended to be. prepare or approve, maps, shop 12. "Impaired property" means tangible property, other drawings, opinions, reports, surveys, than "your product" or "your work", that cannot be field orders, change orders or drawings used or is less useful because: and specifications; or a. It incorporates "your product" or "your work" (b) Giving directions or instructions, or that is known or thought to be defective, failing to give them, if that is the deficient, inadequate or dangerous; or primary cause of the injury or damage; or b. You have failed to fulfill the terms of a contract or agreement; (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for if such property can be restored to use by the an injury or damage arising out of the repair, replacement, adjustment or removal of "your insured's rendering or failure to render product" or "your work" or your fulfilling the terms of professional services, including those listed the contract or agreement. in Paragraph (2) above and supervisory, 13. "Insured contract" means: inspection, architectural or engineering a. A contract for a lease of premises. However, activities. that portion of the contract for a lease of 14. "Leased worker" means a person leased to you by a premises that indemnifies any person or labor leasing firm under an agreement between you organization for "premises damage" is not an and the labor leasing firm, to perform duties related "insured contract"; to the conduct of your business. "Leased worker" b. A sidetrack agreement; does not include a "temporary worker". 15. "Loading or unloading" means the handling of c. Any easement or license agreement, except in connection with construction or demolition property: operations on or within 50 feet of a railroad; a. After it is moved from the place where it is accepted for movement into or onto an aircraft, d. An obligation, as required by ordinance, to watercraft or "auto"; indemnify a municipality, except in connection with work for a municipality; b. While it is in or on an aircraft, watercraft or "auto"; or e. An elevator maintenance agreement; f. That part of any other contract or agreement c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is pertaining to your business (including an finally delivered; indemnification of a municipality in connection with work performed for a municipality) under but "loading or unloading" does not include the which you assume the tort liability of another movement of property by means of a mechanical party to pay for "bodily injury", "property device, other than a hand truck, that is not attached damage" or "personal injury" to a third person to the aircraft, watercraft or"auto". or organization. Tort liability means a liability 16. "Mobile equipment" means any of the following that would be imposed by law in the absence of types of land vehicles, including any attached any contract or agreement. machinery or equipment: Paragraph f. does not include that part of any a. Bulldozers, farm machinery, forklifts and other contract or agreement: vehicles designed for use principally off public (1) That indemnifies a railroad for "bodily roads; injury" or "property damage" arising out of b. Vehicles maintained for use solely on or next to construction or demolition operations, premises you own or rent; within 50 feet of any railroad property and affecting any railroad bridge s; APPROVED By Cynthia Mora at 1:42 pm, Dec 05, 2024 Page 18 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY d. Vehicles, whether self-propelled or not, b. An act or omission committed in providing or maintained primarily to provide mobility to failing to provide first aid or "Good Samaritan permanently mounted: services" to a person, unless you are in the (1) Power cranes, shovels, loaders, diggers or business or occupation of providing drills; or professional health care services. (2) Road construction or resurfacing 18. "Personal and advertising injury" means "personal equipment such as graders, scrapers or injury" or"advertising injury". rollers; 19. "Personal injury": e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are a. Means injury, other than "advertising injury", maintained primarily to provide mobility to caused by one or more of the following permanently attached equipment of the offenses: following types: (1) False arrest, detention or imprisonment; (1) Air compressors, pumps and generators, including spraying, welding, building (2) Malicious prosecution; cleaning, geophysical exploration, lighting and well servicing equipment; or (3) The wrongful eviction from, wrongful entry into, or invasion of the right of private (2) Cherry pickers and similar devices used to occupancy of a room, dwelling or premises raise or lower workers; that a person occupies, provided that the f. Vehicles not described in Paragraph a., b., c. wrongful eviction, wrongful entry or invasion or d. above maintained primarily for purposes of the right of private occupancy is other than the transportation of persons or committed by or on behalf of the owner, cargo. landlord or lessor of that room, dwelling or However, self-propelled vehicles with the premises; following types of permanently attached (4) Oral or written publication, including equipment are not "mobile equipment" but will publication by electronic means, of material be considered "autos": that slanders or libels a person or (1) Equipment designed primarily for: organization or disparages a person's or organization's goods, products or services, (a) Snow removal; provided that the claim is made or the "suit" (b) Road maintenance, but not is brought by a person or organization that construction or resurfacing; or claims to have been slandered or libeled, or that claims to have had its goods, products (c) Street cleaning; or services disparaged; or (2) Cherry pickers and similar devices mounted on automobile or truck chassis (5) Oral or written publication, including and used to raise or lower workers; and publication by electronic means, of material that: (3) Air compressors, pumps and generators, including spraying, welding, building (a) Appropriates a person's name, voice, cleaning, geophysical exploration, lighting photograph or likeness; or and well servicing equipment. However, "mobile equipment" does not include any (b) Unreasonably places a person in a land vehicle that is subject to a compulsory or false light. financial responsibility law, or other motor vehicle b. Includes "bodily injury" caused by one or more insurance law, where it is licensed or principally of the offenses described in Paragraph a. garaged. Such land vehicles are considered above. "autos". 17. "Occurrence" means: 20. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, a. An accident, including continuous or repeated vapor, soot, fumes, acids, alkalis, chemicals and exposure to substantially the same general waste. Waste includes materials to be recycled, harmful conditions; or APPROVED By Cynthia Mora at 1:42 pm, Dec 05, 2024 CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 19 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY 21. "Premises damage" means: contract calls for work at more than a. With respect to the first paragraph of the one job site. exceptions in Exclusion j. of Section I — (c) When that part of the work done at a Coverage A — Bodily Injury And Property job site has been put to its intended Damage Liability, "property damage" to any use by any person or organization other premises while rented to you for a period of than another contractor or seven or fewer consecutive days, including the subcontractor working on the same contents of such premises; or project. b. With respect to the exception to Exclusions c. Work that may need service, maintenance, through n. in the last paragraph of Paragraph 2. correction, repair or replacement, but which of Section I — Coverage A — Bodily Injury And is otherwise complete, will be treated as Property Damage Liability, "property damage" to completed. any premises while rented to you for a period of b. Does not include "bodily injury" or "property more than seven consecutive days, or while damage" arising out of: temporarily occupied by you with permission of (1) The transportation of property, unless the the owner, caused by: injury or damage arises out of a condition in (1) Fire; or on a vehicle not owned or operated by (2) Explosion; you, and that condition was created by the "loading or unloading" of that vehicle by any (3) Lightning; insured; (4) Smoke resulting from fire, explosion or (2) The existence of tools, uninstalled lightning; or equipment or abandoned or unused (5) Water. materials; or But "premises damage" under this Paragraph (3) Products or operations for which the b. does not include "property damage" to any classification, listed in the Declarations or premises caused by: in a policy Schedule, states that products- completed operations are subject to the (1) Rupture, bursting, or operation of pressure General Aggregate Limit. relief devices; (2) Rupture or bursting due to expansion or 23. "Property damage" means: swelling of the contents of any building or a. Physical injury to tangible property, including all structure caused by or resulting from water; resulting loss of use of that property. All such or loss of use will be deemed to occur at the time of (3) Explosion of steam boilers, steam pipes, the physical injury that caused it; or steam engines or steam turbines. b. Loss of use of tangible property that is not physically injured. All such loss of use will be 22. "Products-completed operations hazard": deemed to occur at the time of the "occurrence" a. Includes all "bodily injury" and "property that caused it. damage" occurring away from premises you For the purposes of this insurance, "electronic data" own or rent and arising out of "your product" or is not tangible property. "your work" except: 24. "Slogan": (1) Products that are still in your physical possession; or a. Means a phrase that others use for the purpose (2) Work that has not yet been completed or of attracting attention in their advertising. abandoned. However, "your work" will be b. Does not include a phrase used as, or in, the deemed completed at the earliest of the name of: following times: (1) Any person or organization, other than you; (a) When all of the work called for in your or contract has been completed. (2) Any business, or any of the premises, (b) When all of the work to be done at the goods, products, services or work, of any job site has been complet an you. APPROVED By Cynthia Mora at 1:42 pm, Dec 05, 2024 Page 20 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY 25. "Suit" means a civil proceeding in which damages (a) You; because of "bodily injury", "property damage" or "personal and advertising injury" to which this (b) Others trading under your name; or insurance applies are alleged. "Suit" includes: (c) A person or organization whose a. An arbitration proceeding in which such business or assets you have acquired; damages are claimed and to which the insured and must submit or does submit with our consent; (2) Containers (other than vehicles), materials, or parts or equipment furnished in connection b. Any other alternative dispute resolution with such goods or products. proceeding in which such damages are claimed b. Includes: and to which the insured submits with our (1) Warranties or representations made at any consent. time with respect to the fitness, quality, 26. "Temporary worker" means a person who is durability, performance or use of "your furnished to you to substitute for a permanent product"; and "employee" on leave or to meet seasonal or short- (2) The providing of or failure to provide term workload conditions. warnings or instructions. 27. "Title" means a name of a literary or artistic work. c. Does not include vending machines or other 28. "Unsolicited communication" means any property rented to or located for the use of communication, in any form, that the recipient of others but not sold. such communication did not specifically request to 31. "Your work": receive. a. Means: 29. "Volunteer worker" means a person who is not your (1) Work or operations performed by you or on "employee", and who donates his or her work and your behalf; and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, (2) Materials, parts or equipment furnished in salary or other compensation by you or anyone else connection with such work or operations. for their work performed for you. b. Includes: 30. "Your product": (1) Warranties or representations made at any a. Means: time with respect to the fitness, quality, durability, performance or use of "your (1) Any goods or products, other than real work"; and property, manufactured, sold, handled, distributed or disposed of by: (2) The providing of or failure to provide warnings or instructions. APPROVED By Cynthia Mora at 1:42 pm, Dec 05, 2024 CG T1 00 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 21 of 21 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Robert D. Niehaus,Inc WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement modifies insurance provided under the following: POLICY NUMBER:UB-OX750517-23-42-G EFFECTIVE DATE: 09/01/2023 INSURER: Travelers Property Casualty Co NAMED INSURED Robert D.Niehaus,Inc 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 any one not named in the Schedule. Schedule Blanket Waiver of Subrogation APPROVED By Cynthia Mora at 1:41 pm, Dec 05, 2024 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. © 1983 National Council on Compensation Insurance. WC 00 03 13 (4-84) See Waiver of Subrogation on PG #1 Item E COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR SMALL BUSINESSES This endorsement modifies insurance provided under the 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. Who Is An Insured —Unnamed Subsidiaries C. Who Is An Insured— Newly Acquired Or B. Who Is An Insured —Employees And Volunteer Formed Limited Liability Companies Workers—Bodily Injury To Co-Employees And D. Incidental Medical Malpractice Co-Volunteer Workers E. Blanket Waiver Of Subrogation PROVISIONS b. An organization other than a partnership, joint A. WHO IS AN INSURED — UNNAMED venture or limited liability company; or SUBSIDIARIES c. A trust; The following is added to SECTION II — WHO IS as indicated in its name or the documents that AN INSURED: govern its structure. Any of your subsidiaries, other than a partnership B. WHO IS AN INSURED — EMPLOYEES AND or joint venture, that is not shown as a Named VOLUNTEER WORKERS — BODILY INJURY Insured in the Declarations is a Named Insured TO CO-EMPLOYEES AND CO-VOLUNTEER if: WORKERS a. You are the sole owner of, or maintain an The following is added to Paragraph 2.a.(1) of ownership interest of more than 50% in, such SECTION II —WHO IS AN INSURED: subsidiary on the first day of the policy Paragraphs (1)(a), (b) and (c) above do not period; and apply to "bodily injury" to a co-"employee" while b. Such subsidiary is not an insured under in the course of the co-"employee's" employment similar other insurance. by you or performing duties related to the No such subsidiary is an insured for "bodily conduct of your business, or to "bodily injury" to your other "volunteer workers" while performing injury" or property damage" that occurred, or duties related to the conduct of your business. personal and advertising injury caused by an offense committed: C. WHO IS AN INSURED — NEWLY ACQUIRED a. Before you maintained an ownership interest OR FORMED LIMITED LIABILITY COMPANIES of more than 50% in such subsidiary; or 1. The following replaces the first sentence of b. After the date, if any, during the policy period Paragraph 3. of SECTION II — WHO IS AN that you no longer maintain an ownership INSURED: interest of more than 50% in such subsidiary. Any organization you newly acquire or form, For purposes of Paragraph 1. of Section II — Who other than a partnership or joint venture, and Is An Insured, each such subsidiary will be of which you are the sole owner or in which deemed to be designated in the Declarations as: you maintain an ownership interest of more than 50%, will qualify as a Named Insured if a. A limited liability company; CG D8 42 02 19 ©2018 The TraN APPROVED age 1 of 3 Includes copyrighted materi By Cynthia Mora at 1:41 pm, Dec 05, 2024 COMMERCIAL GENERAL LIABILITY there is no other similar insurance available scope of their employment by you or to that organization. performing duties related to the conduct 2. The following replaces the last sentence of of your business. Paragraph 3. of SECTION II — WHO IS AN 3. The following replaces the last sentence of INSURED: Paragraph S. of SECTION III — LIMITS OF For the purposes of Paragraph 1. of Section INSURANCE: II — Who Is An Insured, each such For the purposes of determining the organization will be deemed to be applicable Each Occurrence Limit, all related designated in the Declarations as: acts or omissions committed in providing or a. A limited liability company; failing to provide "incidental medical services", first aid or "Good Samaritan b. An organization other than a partnership, services" to any one person will be deemed joint venture or limited liability company; to be one "occurrence". or c. A trust; 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — as indicated in its name or the documents COVERAGES — COVERAGE A — BODILY that govern its structure. INJURY AND PROPERTY DAMAGE D. INCIDENTAL MEDICAL MALPRACTICE LIABILITY: 1. The following replaces Paragraph b. of the Sale Of Pharmaceuticals definition of "occurrence" in the "Bodily injury" or "property damage" arising DEFINITIONS Section: out of the violation of a penal statute or b. An act or omission committed in ordinance relating to the sale of providing or failing to provide "incidental pharmaceuticals committed by, or with the medical services", first aid or "Good knowledge or consent of, the insured. Samaritan services" to a person, unless S. The following is added to the DEFINITIONS you are in the business or occupation of Section: providing professional health care "Incidental medical services" means: services. a. Medical, surgical, dental, laboratory, x- 2. The following replaces the last paragraph of ray or nursing service or treatment, Paragraph 2.a.(1) of SECTION II — WHO IS advice or instruction, or the related AN INSURED: furnishing of food or beverages; or Unless you are in the business or occupation b. The furnishing or dispensing of drugs or of providing professional health care medical, dental, or surgical supplies or services, Paragraphs (1)(a), (b), (c) and (d) appliances. above do not apply to "bodily injury" arising out of providing or failing to provide: 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — (a) "Incidental medical services" by any of COMMERCIAL GENERAL LIABILITY your "employees" who is a nurse, nurse CONDITIONS: assistant, emergency medical technician, paramedic, athletic trainer, This insurance is excess over any valid and audiologist, dietician, nutritionist, collectible other insurance, whether primary, occupational therapist or occupational excess, contingent or on any other basis, therapy assistant, physical therapist or that is available to any of your "employees" speech-language pathologist; or for "bodily injury" that arises out of providing (b) First aid or "Good Samaritan services" or failing to provide "incidental medical services to any person to the extent not by any of your "employees" or "volunteer subject to Paragraph 2.a.(1) of Section II — workers", other than an employed or Who Is An Insured. volunteer doctor. Any such "employees" or"volunteer workers" providing or failing E. BLANKET WAIVER OF SUBROGATION to provide first aid or "Good Samaritan The following is added to Paragraph 8., Transfer services" during their work hours for you Of Rights Of Recovery Against Others To Us, will be deemed to be acting withi n the APPROVED Page 2 of 3 ©2018 The Travel By Cynthia Mora at 1:41 pm, Dec 05, 2024 42 02 19 Includes copyrighted material COMMERCIAL GENERAL LIABILITY of SECTION IV — COMMERCIAL GENERAL a. "Bodily injury" or "property damage" that LIABILITY CONDITIONS: occurs; or If the insured has agreed in a contract or b. "Personal and advertising injury" caused by agreement to waive that insured's right of an offense that is committed; recovery against any person or organization, we subsequent to the execution of the contract or waive our right of recovery against such person agreement. or organization, but only for payments we make because of: APPROVED By Cynthia Mora at 1:41 pm, Dec 05, 2024 CG D8 42 02 19 ©2018 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Policy#680-OX748952-23-42 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: 1. WHO IS AN INSURED (SECTION II) is amended in a written contract for this insurance to to include as an insured any person or organiza- apply on a primary or contributory basis. tion (called hereafter "additional insured") whom 3. This insurance does not apply: you have agreed in a written contract, executed prior to loss, to name as additional insured, but a. on any basis to any person or organization only with respect to liability arising out of "your for whom you have purchased an Owners work" or your ongoing operations for that addi- tional insured performed by you or for you. b. to "bodily injury," "property damage," "per- 2. With respect to the insurance afforded to Addi- sonal injury," or "advertising injury" arising tional Insureds the following conditions apply: out of the rendering of or the failure to render any professional services by or for you, in- a. Limits of Insurance — The following limits of cludin liability apply:IY g� 1. The preparing, approving or failing to 1. The limits which you agreed to provide; prepare or approve maps, drawings, or opinions, reports, surveys, change or- 2. The limits shown on the declarations, ders, designs or specifications; and whichever is less. 2. Supervisory, inspection or engineering b. This insurance is excess over any valid and services. collectible insurance unless you have agreed APPROVED By Cynthia Mora at 1:40 pm, Dec 05, 2024 CG D1 05 04 94 Copyright, The Travelers Indemnity Company, 1994. Page 1 of 1 Includes Copyrighted Material from Insurance Services Office, Inc.