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Home My WebLink AboutWILLDAN HOMELAND SOLUTIONS, A DIVISION OF WILLDAN GROUP INC. 7C-2015INGU£{ANCP ON FIDE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OR COUNCIL, 1 DATE: yta �2 L THIRD AMENDMENT TO AGREEMENT C. On December 4, 2013, the parties entered into a Second Amendment of the Agreement #A- 2012-218-002, wherein it was agreed that the scope of services would be amended to replace Exhibit A with Exhibit A-1 outlining the training and exercise programs under the Agreement. D. The parties wish to enter into the Third Amendment of said Agreement to revise Section 4 TERM to provide that the Agreement ends on September 30, 2016, the additional time will allows the parties to provide training with the outstanding grant funds that remain under the Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows; Section 4, TERM, shall be amended to extend the term one-year, through September 30, 2016. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 1/r THIS THIRD AMENDMENT TO AGREEMENT is entered into on September 21, 2015,. by and between Willdan Homeland Solutions, a California corporation ("Consultant') and the City of Santa Ana, a charter city and municipal corporation organized and existing under the 4 Constitution and laws of the State of California ("City"). J� RECITALS: A. The parties entered into Agreement #A-2012-218, dated October 15, 2012, (hereinafter "said Agreement') by which Consultant has provided grant funded multi-year training and exercise programs. Ii. The parties entered into the First Amendment orthe Agreement #A-2012-218-001 on August 21, 2013, wherein they agreed to increase the hourly pay rate for program management services to $60.58, modify the scope of services to add and delete certain training exercises, provide for a cost of living increase not to exceed 5% starting January 1, 2014 and annually thereafter, and add consultant certifications. C. On December 4, 2013, the parties entered into a Second Amendment of the Agreement #A- 2012-218-002, wherein it was agreed that the scope of services would be amended to replace Exhibit A with Exhibit A-1 outlining the training and exercise programs under the Agreement. D. The parties wish to enter into the Third Amendment of said Agreement to revise Section 4 TERM to provide that the Agreement ends on September 30, 2016, the additional time will allows the parties to provide training with the outstanding grant funds that remain under the Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows; Section 4, TERM, shall be amended to extend the term one-year, through September 30, 2016. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 1/r IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement on the date and year first written above. ATTEST: I\a W MARIA D. FIUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: WILLDAN HOMELAND SOLUTIONS SONIA R. CARVALHO City Attorney By: `4kwi'u• �a e c ��•c Laura Rossini James E. Bailey Senior Assistant City Attorney President and CEO RECOMME/NDED FOR APPROVAL: C RARLOOSS✓//ROJAS Chief of Police ,Acc:ruc.�� CERTIFICATE OF LIABILITY INSURANCE 1012912014 DAEYY' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Dealey, Renton & Associates P. nt Box 10550 Santa Ana CA 92711-0550 KaGLLtiOCp._._ �— ----- PHONE NiNo —` aoorsEss�{tthQrpQ'I�},gd>_g,Cpl�_ ------------- -------- ___INSURERISJAFFORDINGCOVERAGE - _ _HAIG4 _ GENERAL LIABILITY X`"SAMAGETO-PE'NTE COMMERCIAL GENERALUABILI I CLAWS -MADE [X__ 1 OCCUR 5674e— INSURED _INSURER 6: Y1119/20t5 Wittlan Homeland Solutions M5URERC:CI�a[tQ[Qar (LEI 1QS„tlpa C_A1T]p20K—..--_._. 1.6-- 2401 E. Katella Avenue, Ste. 220 Anaheim CA 92808 INSURER e ----- $1,000,000 ----- -------"--' X Contractual INSURER INSURER F X COVERAGES CERTIFICATE NUMBER: 2084374271 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. LTR TYPE OF INSURANCE N WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIODIYYYY _—_--_ LIMITS A GENERAL LIABILITY X`"SAMAGETO-PE'NTE COMMERCIAL GENERALUABILI I CLAWS -MADE [X__ 1 OCCUR Y 301158P020 11/9/2014 Y1119/20t5 EACH OCCURRENCE $1,000,000 MEO EXP {Am11ne parsonl 910,000 ...... _ PERSONAL&ADV INJURY $1,000,000 X Contractual X BFPO, XCU GENERAL AGGREGATE 5_2,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER, _ PRODUCTS - COMPIOP AGG $2,000.000 POLICY X PRO- LOC $ _— A AUTOMOBILE LIABILRY 8101158P020 11/9/2014 11179/2015 (Eenccitlnnt -,___ 1-.000000__ _. BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED I SCHEDULED AUTOS _.y AUTOS x IHIREDAUTOS X IAOTO5WNED BODILY IN.IURY tParaccidaMl $ SV DacidenDAMAGc 'is ----- $ UMBRELLA LIAR OCCUR fiACli OCCURRENCE 5 AGGREGATE 8 EXCESS UAB CLMMS_MADE _ DED I I RETENTION$ _ _ 5 C WORKERS COMPENSATION ANO CMPLOYERS' LIABILiri-ER----- ANY PROPRIETOWPARTNERIEXECUTIVE �YIN OFFICERIMF.MDER EXCWDEp4 NIA UB7D417816 f!)2014 1102015 x �NC STATIC- 1JTH- E, L.. EACH ACCIDENT $I 00Q000 — tMm,datmyinNH) L_J EL. DISEASE - EA EMPLOYE $1,000,000 EL DISEASE -POLICY LIMIT $1000,000 If yyos. desmbe under OE SC RIPTION OF OPERATIONS no. B Profestilonal Liability Claims Made I AED977441115 11/9/2014 1119/2015 1 I Per Cla IN $1,000;000 Annual Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ADDED ter. Additional Remarks Schedule, it mora space is required) 1^' tT^�^��----yye+�,, General Liability policy excludes claims arising out of the performance of professional services. C_GV GVV✓j„+' tj -. Independent Contractors are included as respects to General Liability. 30D NOC/10 Day far NGnPay of Prem City of Santa Ana, its Officers, employees, agents, volunteers and representatives are additional insured as respects to General Liability as required by written contract. Primary and Non -Contributing coverage, Cross Liability coverage applies to GL as required by written contract. (WHS) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Clerk of the City Council 20 Civic Center f IaZa(M-30) / PG Box 1988 AU HORIZED REPRESENTATIVE Santa Ana CA 92702 J k0l,p U 1SBS-ZOtD AUUKU C:OKPUKAI IUN. Atl rlgnlS MISerVed. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY 6301158PO20 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II —WHO IS plies only to such "bodily injury' or "property AN INSURED: damage" that occurs before the end of the pe - Any person or organization that you agree in a riod of time for which the "written contract re- written contract requiring insurance" to include as quirang insurance" requires you to provide an additional insured on this Coverage Part. but such coverage or tate end of the policy period, whichever is earlier. a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and It, If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring :nsuranca" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is limited as follows: c. In the event thet the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance". the in- surance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section III — Limits Oflnsurance. d. This insurance does not apply to the render- ing of or failure to render any "professional services" or construction management errors or omissions. a. This Insurance does no: apply to "bodily in- jury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ante provided to the additional insured ap- 2. The following is added to Paragraph 4.a. of SEC- TION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS The Insurance provided to the additional insured is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditlonai insured under this Coverage Pan mus! apply on a primary basis or a primary and non- contributory basis. this insurance Is primary to "after insurance" available to :he additional in. cured which covers that person or organization as a ranted insured for such loss, and we will not share with that '"other insurance' But this insur. ance provided to the additional Insured still is ex- cess over any valid and collectible "other insur- ance", whether primary, excess, contingent or on any other basis, that Is available to the additional insured when that person or organization is an additional insured under any "other insurance 8. The following is added to SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional insured As a condition of coverage provided to the adds- tional insured: a. The additional insured must give us written notice as soon as practicable of an 'occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include. CG D414 04 08 02008'rhe Trzveiers compan'es. .nc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY I. How, when and where the "occurrence" or offense took place; Il. The names and addresses of any injured persons and witnesses; and Ili. The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against the additional Insured, the additional insured must: Immediately record the specifics of the claim or "suit" and the date received; and H. Notify us as soon as practicable. The additional Insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in con- nection with the claim or "suit", cooperate with us In the investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with all policy conditions. d. The additional insured must tender the de- fense and indemnity of any claim or "suit" to Page 2of2 any provider of other Insurance which would cover the additional insured for a loss we cover. However, this condition does not affect whether this Insurance provided to the addi- tional insured is primary to that other insur- ance available to the additional insured which covers that person or organization as a named Insured. 4. The following is added to the DEFINITIONS Sec- tion: "Written contract requiring insurance" means that part of any written contract or agreement under which you are, required to Include a person or or- ganization as an additional insured on this Cover- age Part, provided that the "bodily injury" and "property damage" occurs and the "personal in- jury" is caused by an offense committed: a, After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is In effect; and c. Before the end of the policy period 02 000 The Travelers Campanies, Inc. F CG D4 14 04 00 CERTIFICATE OF LIABILITY INSURANCE A, FrMM�I1201YYVY} w ��,�D/ THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (HOLDER. THUS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF IINSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUIBROGATION 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. Aon. Risk. Insurance Ser'Vic,es West., Inca. Pi6lgf__-------- _-__._. ---- ..5 ............ .............. LOS AnR� eles CA OffiCe IAJC.No. Ext( (866) 281-x'122 I'C.No.¢. 1500) 363 (I',Lr15 707 w! Shire Cou)evard E-MAIL Suite 2600 ADDRESS: Los Angeles CA 90017-0460 USA INSUIREIR(S) AFFORDING COVERAGE MAIC# INSURED INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THUS INSURER A: National Fire Ins, . Co.. of (Hartford 20478 willdan Homeland Solutions IVSD INSURER 8: The Continental Insurance Company 35289 2401 F. Kat:ella Avenue, Ste. 220 X COMMERCIAL. GENERALLUABILITY Anaheim CA 92806 USA '. 2: INSURER C: LPX1ngtOrI Insurance Company 19437 CL.AINTS,MADEOCCUR INSURER, U: INSURER E:: INSURER F: r:r7VFR'Ar;F:S C'FR'nlFtf'.ATF NIIM,R,FP - F7r1nrnnF,4rrQ. Gi F4A1 CIriN NIIIMRG'C1^ 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 THUS 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. Limits shown are as requested LS TYPE OF INSURANCE IVSD WVD POILICY NUMBER .MMI/DDIYYYY iiiMiODIYVYN '.... LIMITS X COMMERCIAL. GENERALLUABILITY '. 2: 9/t'"-) :.ry EACHOCCURRENCE $1..,000,000 CL.AINTS,MADEOCCUR E TO RENTED $1.,000,000 PREMISE Fa cccurrencet MFG EXP [Arty one person.( PERSONAL M ADV INJURY $1,000,000 SERI AGGREGATE (LIMIT APPLIES PER: GENERAL AGGPEGArE S2,()00,000 POLICY � RFO Ell EOL PRODUCTS COMPbOP AGr S2,000,000 OTHER. .__._.__...-.,.._...._._....._-._..--.__ A AUTO MOBILE LIABILITY 6020541619 11/09,/201S 11./019/2016 C".OMIMNEDSINGLELIIMIC 'Ea accident BODILY INJURY ( Per person) X AN.:Y A.U'.LD ALL OWNED 'SCHEDULED BODILY INJURY (Par aceidenti AUTOS. AUTt71. PPOPERtY DAMAGE HIREDAUTOS NON -OWNED ',......_... AU VO5 Per 2Crddenk UMBRELLA, LIIAB OCCUP EACH. Or C,r.IRRENCE EXCESS LIAR CLAIMS -MADE AGGREGATE DELT I RETENTIIiJNi B WORMERS COMPENSATION( AND 60226474ZZ I3./09120I.5 1I/09/2016 EMPLOYERS LIABILITY VrN _ p.> workers COm crsati Ort AOS ,F7 TA7VJTE_ � 1..... B AN`.✓ n'POPRIN TOH! P0.R7 NLP 1 E'xEC•U7lVE OFrIUCAUMEMUEREXCLUDE01 N NRA 6020:x41572 1.V./LsJ/2r1t5'31./09/201f LL EACH AGLIL1EhlT I $1, a(a(1, 0116 ,.SEA L EMPLOY E.L G#, _ VEE 51,000,000 yMandlaloryan NH) Workers Compensation CA If yes, desenbe undaa E.N.. DISEA'a E-POLICV LIMlT $1, f)00, 000 DE ICJMPTION OF C1PERA'I'IONS below C contractor, Prof 028174912 11/09/2015 11/09/'2016 Per Chaim S1,000,000 Professional Liability Aggregate S1,000,000. SIR $250,000 DESCRIPTION OF OPERATIONS i' LOCATIONS t VEHICLES QACOR.O 1011 Additional Remarks Schedule, may be attached if more apace is requiredp RP.; multi -yeas training and exercise plan (NITER) City of Santa Ana, ils officers, eomployeers, agents, volunteers and representatives are additional Insured as respects. to General and AUto Liability policies; and, the Generali Liab'1irty policies evidenced herein is primiary and non-contr'Ibutory to other, insurance available, in accordance with the policy provisions Cross Li abillity<:r�verage applies to General Liabiiity. (WIHS). General Liability policy excludes cl ailmis arising out. o4 the performance of professional Services, Independent contractors are included as respects to C€neral Liability. CERTIFICATE HOLDER CANCELLATION City of Santa Ana. Attn: Clerk of the City Council 20 Civic Center" P'Vaza(M-'30) PO Box 1988 Santa Ana CA 927'0,2'.. USA. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE, THEREOF, NOTICE WMILL BE DELIVERED IN ACCORDANCE, WITH THE POLICY PROVISIONS.. AUTHORIZED REPRESENTATIVE Oc I9ISB-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD Werra logo are registered marcs of ACORD �,, C068021 A (Ed. 02/13) It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate, holder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or Impose any liability or obligation upon us or the Agent of Record, �%41 "• IV Insured Name,: '2� Policy No: 5088210281 Endorsement No: N/A Effective Date-, 11/09/2015 opy'right ONA, All Rights Reserved. e'.neo CC68021A 34 VA (Ed. 02/13) It is understood: and agreed that, If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance,, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known, mailing address of the Certificate holder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or lonvaliildate such, cancellation, or impose any liabifity or obligation upon us or the Agent of Record. CC68021A (Ed. 02/13) Page 1 of I Insured Name: Policy No: 6020541586 Endorsement No: N/A Effective Date: 11/0912015 Copyright CNA All Rights Reserved. CC68021A Off"A (Ed. 02/13) "ISF&MA1111111% If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate holders at least 30 day's in advance of the date cancellation is effective. If notice is mailed, then proof of marling to the last known mailing address of the Certificate holder on file with the Agent of Record will be sufficient to prove notice. liability or obligation upon us or the Agent of Record. CC6802'1A (Ed. 02/13) Policy No, 60,20541572 Page 1 of 1 Endorsement No: N/A Effective Date: 11/09/2015 Insured Name: copyright CNA All Rights Reserved CC68021A CNA (Ed. 02/13) If you have agreed under written contract wwwovide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term, described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mafling to the last known mailing address of the Certificate holder on file with the Agent of Record will be sufficient to prove notice. liability or obligation upon us or the Agent of Record. CC68021A (Ed. 02113) Page 1 of 1 Insured Name: 2 Policy No: 6022647422 Endorsement No: N/A Effective Date: 11/09/2015 Copyright CNA Alt Rights Reserved. CC68021A (Ed, 02/13) -00 , A K;WVWV;99 reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate holders at least 30 days in advance of the date cancellation is effective, If notice is mailed, then proof of mailing to the last known mailing address of the Certificate ho,lder on file with the Agent of Record will be sufficient to prove notice. liabifity or obIlgation upon us or the Agent of Record. CC68021 A (Ed. 02/13) Page 1 of 1 Insured Name-. Copyright CNA All Rights Reserved. Policy No: 6020541619 Endorsement No: N/A . - w,A in n 4 r Po� iiq`,,iurnbero 51089210281 CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Prod ucts-Com pleiteid Operations Coverage Endorsement i ims eirtaurserriera muciffIFT-TrITIT-1117 �7771.eci una COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: L The WHO IS AN INSURED section: is amended to add as an Insured any person or organization whom the r%aml!M,,._' Insured is required by written contract to add as an ad6tional inisured on this coverage part, including any such person: or organization, if any, speoffically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organizationi's liability fbr� I bodily injury, property damage, or personal and advertis,ing injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations ais specified in such written contract-, or 2. bodily injury or property damage caused in whole or in part by your work and included in the products - completed operations hazard, and only if athe written contract requires the Named Insured to provide the additional insured such coverage-, and b., this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising Injury arising out of your work described in such written contract, but only if; 1, this coverage part provides coverage for, bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG20 10 or the 10-01 edition of CG2037. 11, Subject always to the terms and conditions of this policy, inclu61rig the lirnits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract, or T B. a higher limit of insurance than requiredby the written contract IlL The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including; 1. the preparing, approving, or fading to prepare or approve maps,, shop drawings, opinions, reports, surveys, field orders,, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additionai insured is specifically listed as an additional insured on another endorsement attached to this coverage part, IV, Notwithstanding, anything to the contrary in the section entitled COMMERCIAL G,ENIERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to, the additional insured whether, on a p6mary, excess, contingent or any other basis. However, if this insurance is required by written Pokcy Nw,irnbe508821,028t CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Prod u cts-Corn plete,d Operations Coverage Endorsement contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows� The Condition entitled Duties In The Event of Occurrence, Offense, Clairn or Suit is amended with the addition of the following: Any additional insured pursuant to this, endorsement wfli as soon as practicabler, 1 . give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim-, 2'. except as provided in Paragraph IV of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part-, 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the 111SUrer in the investigation, defense, or settlement of the claim; and 4. tendeir the defense and indemnity of any claim to any other insurer or self insurer whose policy or progirary) apphes to a loss that the Insurer covers under this coverage part. Flo,weve,r, if the written contract requires this insurance to be primary and non-contributory, thiis paragraph (4) does riot appily to insurance on which the additionat insured' is a narned insured. The Insurer has no duty to defend or indemnify an additronal insured tinder this endorsement until the Insurer receives written notice of a claim from the additional insured V1. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a wrRten contract or written agreement that requires the Named Insured to make a person or organization an additional insured on thrs coverage part, provided the contract or agreement� A. is currently in effect or becomes effective during the term of this policy; and 1a the bodily injury or property damage; or 2, the offense that caused the personal and advertising injury ,for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law . on: the effective date of siaid Policy at the hour stated in sa�d Policy, unless another effective date is sih;own beiow, ajn expires concurrently with s,a,id Policy. Policy Nu,lrnber6020541619 CONTRACTORS EXTENDED CO'VERA1GE ENDORSEMENT - B U S I N E S S AJJXf_)_RUJ51:,'_ This endorsement modifies insurance provided under the follol III 116DOWiNFE ME ITONVITIUMM The foHowing is added to Section 11, Paragraph; A.I., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form-, provided that, bl. The insurance afforded by this provision AA. does not apply to any such entity that is an "insured" under any other habil "'policy" providing "auto," coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership initerest, The insurance afforded by this provision A.2,: a. Is effective on: the acqurosdion or formation ,date, and is afforded Only until the end of the policy period of this Coverage Form, or the next anniversary of Its inception date', whichever is earlier, b'. Does not apply to, (1) "Bodily injury" or "property damage"' caused by an "accident" that occurred before you acquired or formed the organization; or (211 Any such organization that is an insured" under any other liability policy" providing "auto" coverage. 3. Any person or Organization that you are required by a written contract to namie as an additional insured is an "insured" but only with respect to their legal hablility for acts or omissions of a person, who qualifies as an "insured" under Section 11 — Who Is An Insured and for whom Liability Coverage is afforded! under this policy, If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An "employee" of' yours is an "'insured" while operafing an "auto," hired or rented under a contract or agreement in that "employee's" CNA63359XX (Ed. 04112) narne, with your permission, while performing duties related to the conduct of your business, "Policy," as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but, 1. Which are no longer in force, or 2. Whose firrits have been exhausted. I Section It, Paragraphs revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,0100; and 2. In a.l the firnit 'for the loss of earnings is changed from $250 to $500 a day. NMUMMC�� Section 11, Paragraph B.5 does not. apply, Such coverage ails is afforded by this proOsOln C is excess over any other collectlible �nsurance. A. Gliass Breakagie — Hitting A Bird Or Animal — Failing Objects Or Missides 'The foHowing is added to Section U1, Paragraph A.3.� With respect to any covered "auto," any deductible shown in the Declarations wffl not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced, Section Ill, Paragraph A.4.a. is revised, with respect to transportation expenise mcurred by you, to provlide� a. $60 per day, in lieu of $201-1 subject to b. $1,800 maximumil, in lieu of $600. 21�= Section IllParagraph A.4,b, is revised, with respect to loss of use expenses incurred by you, to provide a. $1,000 maximum, in lieu of $600 GNA63359XX Copyright, CNA Corporatton, 2000 (Ed, 04112) Includes copyrVoed rnaterial of the tInsurance ServIces Office used vt Its pl > tAll I ftflCy NLM'iber, 6020511619 The following is added to Section M, Paragrap�', HNIMMMIM. Mo Hired Autos, then Physical Damage coverage �s extended to� a. Any covered"'auto"" YOU lease, hire, rent or borrow, without a driver, and ti. Any covered "auto" hired or rented by your ""employee"" without a driver, under a contract in that individual "employee's" name, with Your permission, white performing duties related to the conduct Of your business. C. The most we will pay for any one "accident" or ""loss"' is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to "loss"' caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverages) provided on your owned "autos." e, Such physical damage coverage for hired " autos" will: (1) Include loss of use, provided it is the consequence of an "accident" for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the ifeasing or rental concern. (2) Such coverage as is providled by this provision will be Subject to a limit of $756 per "'accident " E. Airbagi Coverage The following: is added to Section Ill, Paragraph The accidental discharge of an airbag shall not be considered mechanical breakdown. F. Electronic Equipment Section Ill, Paragraphs B.4.c: and BA.d. are deleted and replaced by the following, c. Physical Damage Coverage on a covered lauto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories, CNA63359XX (Ed, 04/12) d. A $1GO per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The follow�ng is added to, Section Ill, Paragraph Subject to the following, the "diminution in value"" exclusion does not apply to: a. Any covered ""auto" of the prtivate passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and �biAny covered "auto"' of the private passenger type hired or rented by your "employee" without a, for a period of 30 days or less, under a contract in that indMduai "employee's" name, Wth your permission, while performing duties related to the conduct of your business c. Such coverage as is provided by this provision is limited to a "diminution in val'ue'" loss arising directly out of accidental damage and not as a result of the failure to make repairs, faulty or incomplete maintenance or repairs, or the installation of substandard parts, d. The most we will pay for, "loss" to a covered "auto" in any one accident is the lesser of: (1) $5,000-1 or (2) 20% of the "auto's" actual cash value (ACV), 111. Drive Other Car Coverage — Executive Officers The following is added to Sections 11 and 11V I Any "auto"' you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your 11 executive officers," except: a, An "auto" owned by that "'executive officer" or a member of that person's household; or b. An "auto" used by that "executive officer' while working in a business of selling, servicing, repairing or parking ",autos."" Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages ,afforded any covered ""auto"; and CNA63359XX Copynghl, CNA Cmporaiion 2000 (Ed, 04112) IndUdOS copynghted matwW of the Insurance Seomces Office used )NO As pemssmn P6:k'y Number, 6020541619 (2) Excess over any other collectible insurance, 2. For purposes of this provision, "executive officer" rneans a person holding any of the officer posibons created by Your charter, constitution, by- laws or any other similar governing i document, and, while a resident of the same household, includes that person's spouse Such "executive officers" are "insureds"" while using a covered "'auto" described in this provision, IV, BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.. (4) Your "employees"may know of an '.accident" or "loss." This will not mean that you have such knowledge, unless such "'accident" or "loss" is known to you or if you are not an individual, to any of your executive officers orr partners or YOLU insurance manager. The following is added to Section IV, Paragraph A, .b.: (6) Your, "employees" may know of documents received concerning a claim or "suit." This will not mean that you have such knowledge, unless receipt of such documents is known to you or of you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph, A.S. Transfer Of Rights Of Recovery Against Others To Uli We waive arry right of recovery we may have, because of payments we make for injury or CNA 633:59XX (Ed, 04112) CNA63359XX (Ed 04/12) damage, against any person or organizafion for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or orgianization You must agree to that requirement prior to an "accident" or 10SSr" C, Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice You with respect to the coverage, afforded provided such failure or ornission is not intentionall, The following is added to Section IV, Paraigraph Regardless of the provisions of Paragraphs 6.a. and 5.d. above, the coverage provided by this policy shall' be on a primary non-c!on!tributory basis, This provision is applicable only when required by a written contract, That written contract must have been entered into prior to "Accident" or 1 -D -is," a= Section IV, Paragraph B. 7.(5).(a)., is revised to provide� a. 45 days of coverage in lieu of 30 days, PAMPT411MMIM Section V. Paragraph C. is deleted and replaced by the folloi "Bodily injury" means bodily injury, sickness or disease sustained by a person, includiing mental anguish, mental injury or death resufting from any of these. Copyrighl, CNA Corpomwin 2000 hdudes wpyr4V�, ,4"�`r' Mi pater the % (,'e �nfli�lnSeOffused w rwces. ice ith its pePei g ?i0re "n