Golden Bay Construction, Inc. 1 Version 8-22-24
Mecartney Road Pedestrian Crossings No. P.W. 07-24-20
CONSTRUCTION AGREEMENT
THIS CONSTRUCTION AGREEMENT (“Agreement”) is entered into this _____ day of December 2024, by and between the CITY OF ALAMEDA, a municipal corporation ( “the City"), and GOLDEN BAY CONSTRUCTION, INC., a California corporation whose address is 3826 DEPOT ROAD, HAYWARD, CALIFORNIA 94545, (“Contractor”), in reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the City’s Charter.
B. The City is in need of the following services: Mecartney Road Pedestrian Crossings Project. City staff issued an IFB on September 27, 2024, after a submittal period of thirteen (13) days received ten (10) timely submitted bids, and the bids were opened on October 15, 2024.
Staff reviewed the bids and selected the lowest responsive and responsible bidder.
C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
D. Whereas, the City Council authorized the City Manager to execute this agreement on December 3, 2024.
E. The City and Contractor desire to enter into an agreement for Mecartney Road Pedestrian Crossings Project, upon the terms and conditions herein.
NOW, THEREFORE, in consideration of the forgoing, which are incorporated herein by reference, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. TERM:
Contractor shall have forty-five (45) consecutive working days from the date the work is to commence pursuant to the Notice to Proceed to diligently prosecute the work to completion.
2. SERVICES TO BE PERFORMED:
Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with the Specifications, Special Provisions and Plans, which Specifications, Special Provisions and Plans are hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. C ontractor acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Contractor to perform all tasks included therein.
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3. COMPENSATION TO CONTRACTOR:
Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor's bid, which is attached hereto as Exhibit A and incorporated herein by this reference. Payment will be made in the same manner that claims of a like character are paid by the City, with checks drawn on the treasury of the City.
Payment will be made by the City in the following manner: On the first day of each month, Contractor shall submit a written estimate of the total amount of work done the previous month. However, the City reserves the right to adjust budget within and between tasks. Pricing and accounting of charges are to be according to the bid packet pricing, unless mutually agreed to in writing.
Payment shall be made for 95% of the value of the work completed as determined by the City. The City shall retain 5% of the value of the work as partial security for the completion of the work by Contractor. Retained amounts shall be paid to Contractor within sixty days of acceptance by the City of the project. Payment shall not be construed as acceptance of defective work. No interest will be paid to Contractor on retained funds.
Total compensation for work is $243,727, with a ten percent contingency in the amount of $24,373 for a total not to exceed of $268,100. Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City.
Prompt Payment Of Withheld Funds To Subcontractors : The City shall hold retainage from the prime contractor and shall , as determined by the City, make prompt and regular incremental acceptances of portions of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted by the City, including incremental acceptances of portions of the contract work. Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving (a) late payment or nonpayment by the prime contractor, (b) deficient subcontractor performance, or (c) noncompliance by a subcontractor with the contract, including but not limited to remedies under California Public Contract Code Section 9204. This clause applies to both DBE and non- DBE subcontractors.
4. TIME IS OF THE ESSENCE:
Contractor and the City agree that time is of the essence regarding the performance of this Agreement.
It is agreed by the parties to this Agreement that if all the work called for under the Agreement is not completed before or upon the expiration of the time limit as set forth in Paragraph 1 above, damage will be sustained by the City, and it is and will be impracticable to Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 Golden Bay Construction, Inc. 3 Version 8-22-24
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determine the actual damage which the City will sustain in the event of and by reason of such delay. It is therefore agreed that Contractor will pay the City the sum of ONE THOUSAND DOLLARS ($1,000) per day as liquidated damages for each and every day's delay beyond the time prescribed to complete the work; and Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due Contractor under the Agreement.
It is further agreed that in case the work called for under the Agreement is not finished and completed in all parts and requirements within the time specified, the City shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if the City decides to extend the time limit for the completion of the Agreement, it shall further have the right to charge Contractor, its successors, heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual costs and overhead expenses which are directly chargeable to the Agreement, and which accrue during the period of such extensions.
Contractor shall not be assessed with liquidated damages during any delay in the completion of the work caused by an act of God or of the public enemy, acts of the City, fire, flood, epidemic, quarantine restriction, strikes , freight embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided that Contractor shall, within one (1) day from the beginning of such delay, notify the City in writing of the causes of delay. The City shall ascertain the facts in good faith and the extent of the delay, and its findings of the facts thereon shall be final and conclusive.
5. STANDARD OF CARE:
Contractor shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents that it is skilled in the professional calling necessary to perform all services contracted for in this Agreement.
Contractor further represents that all of its employees and subcontractors shall have sufficient skill and experience to perform the duties assigned to them pursuant to and in furtherance this Agreement. Contractor further represents that it (and its employees and subcontractors) have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the services (including a City Business License, as needed); and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform (at its own cost and expense and without reimbursement from the City) any services necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its subcontractor s who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of any services under this Agreement, or a threat to the safety of persons or property (or any employee who fails or refuses to perform the services in a manner acceptable to the City) shall be promptly removed by the Contractor and shall not be re -employed to perform any further services under this Agreement.
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6. INDEPENDENT PARTIES:
Contractor hereby declares that it is engaged as an independent business and it agrees to perform its services as an independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services and work. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from the City to Contractor, its employees, subcontractors, suppliers or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor. Any personnel performing the services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify , defend (with counsel acceptable to the City) and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.
8. NON-DISCRIMINATION:
Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable employer/employee conduct, neither Contractor nor Contractor’s employees, agents, subcontractors or suppliers shall harass or discrimin ate against any job applicant, City employee, or any person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to race, religious creed, color, national origin, ancestry, disability (both mental and physical) , including HIV and AIDS , medical condition (e.g.. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Such non- discrimination shall include but not be limited to all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. Contractor agrees that any violations of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this A greement or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees alleg e negligence, recklessness or willful misconduct on the Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 Golden Bay Construction, Inc. 5 Version 8-22-24
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part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.
As to Claims for professional liability only, Contractor’s obligation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8.
Contractor’s obligation to indemnify, defend and hold harmless Indemnities shall expressly survive the expiration or early termination of this Agreement.
10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Contractor shall furnish City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 10.b. (1) through (5) . Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days advance written notice to the City of Alam eda, Attention: Risk Manager.”
Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City . Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents and volunteers as additional insured shall be submitted with the insurance certificates.
b. COVERAGE:
Contractor shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:
Statutory coverage as required by the State of California. (2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
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If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above .
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (3) Automotive:
Comprehensive automobile liability coverage (any auto) in the following minimum limits:
Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. (4) Pollution Prevention:
Legal liability required for hazardous materia ls excavation in the amount of $2,000,000 each occurrence. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
(5) Builders Risk:
Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. The c overage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of the coverage carried by or available to the Contractor; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City.
c. SUBROGATION WAIVER:
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
d. FAILURE TO SECURE:
If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor's name or Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 Golden Bay Construction, Inc. 7 Version 8-22-24
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as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSURED:
The City, its City Council, boards, commissions, officials, employees and volunteers shall be named as an additional insured under all insurance coverages, except worker’s compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. The additional insured coverage under the Contractor’s policy shall be primary and non- contributory and will not seek contribution from the City’s insurance or self-insurance. f. SUFFICIENCY OF INSURANCE:
The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor.
g. EXCESS OR UMBRELLA LIABILITY:
If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including but not limited to, the additional insured, SIR, and primary insurance requirements stated therein. No insurance policies maintained by the indemnified parties or Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until all the primary and excess liability policies carried by or available to the Contractor are exhausted. If a Provider is using an Excess Liability policy to supplement any insurance coverage required by this Agreement, they must submit the Excess Liability policy in full.
11. BONDS:
Contractor shall furnish the following bonds from a bonding company acceptable to the City’s Risk Manager:
A. Faithful Performance: A bond in the amount of 100% of the total contract price guaranteeing the faithful performance of this contract, and B. Labor and Materials : A bond for labor and materials in the amount of 100% of the total contract price.
Faithful Performance Bond and Labor and Material Bond are only required for work over $25,000. Therefore, those estimates that are under $25,000 will not need to budget for the bond premiums and those estimates over $25,000 will need to budget for the bond premiums.
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12. PROHIBITION AGAINST TRANSFERS:
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, Contractor’s claims for money from the City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to the City by Contractor.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the entity.
13. SUBCONTRACTOR APPROVAL:
Unless prior written consent from the City is obtained, only those people and subcontractors whose names are listed in Contractor's bid shall be used in the performance of this Agreement.
Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractor's services. Approval of the subcontractor may, at the option of the City, be issued in the form of a Work Order.
In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement.
14. PERMITS AND LICENSES:
Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License that may be required in connection with the performance of services and work hereunder.
15. REPORTS:
Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the exclusive property of the City.
No report, information nor other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by the City.
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Contractor shall, at such time and in such form as the City may require, furnish reports concerning the status of services and work required under this Agreement.
16. RECORDS:
Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of services and work under this Agreement.
Contractor shall maintain adequate records of services and work provided in sufficient detail to permit an evaluation of services and work. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of the City or its designees at all proper times, and gives the City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns raised by the City's preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
17. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests , or approvals from Contractor to the City shall be addressed to the City at:
City of Alameda
Public Works Department
950 West Mall Square, Room 110
Alameda, CA 94501
ATTENTION: Aaliyah Douglas, Project Manager
Ph: (510) 747-7941
Email: [email protected]
All notices, demands, requests , or approvals from the City to Contractor shall be addressed to Contractor at:
Golden Bay Construction, Inc.
3826 Depot Road
Hayward, CA 94545
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ATTENTION: Johnny Zanette, President
Ph: (510) 783-2960 ext. 103
Email: [email protected]
18. SAFETY:
Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and work under this Agreement. This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement.
Where any of these are in conflict, the more stringent requirements will be followed.
Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
Contractor will immediately notify the City’s Risk Manager within 24 hours of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Agreement. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Agreement. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
19. COMPLIANCE WITH ALL APPLICABLE LAWS:
During the term of this Agreement, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Contractor shall defend, indemnify, and hold City (including its officials, directors, officers, employees, and agents) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws and regulations pursuant to the indemnification provisions of this Agreement.
20. HEALTH AND SAFETY REQUIREMENTS.
Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.
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21. PREVAILING WAGES:
Contractor 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 1600, 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. Contractor agrees to fully comply with such Prevailing Wage Laws if the services are being performed as part of an applicable “public works” or “maintenance” project as defined by the Prevailing Wage Laws and if the total compensation is $1,000 or more. City, upon Contractor’s request, shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the services available to interested parties upon request; and shall post copies at the Contractor’s principal place of business and at the project site. Contractor 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.
22. DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE AND
PREVAILING WAGE REQUIREMENTS ON PUBLIC WORKS PROJECTS:
a. For purposes of Sections 22 through 24 of this Agreement, the terms “ claim”, “contractor”, “public works project” and “subcontractor” shall have the same meanings set forth in Public Contract Code Section 9204.
b. No contractor or subcontractor may be listed on a bid proposal for a public works project, nor engage in the performance of any public work contract, unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 (with the limited exceptions for certaion bids pursuant to Labor code Section 1771.1(a)). Registration instructions may be found at the following website: https://www.dir.ca.gov/Public-Works/Contractor- Registration.html
c. All contractors and s ubcontractors must furnish electronic certified payroll records directly to the Labor Commissioner at the following website :
https://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html
d. Contractor is required to all post job site notices as prescribed by State law. (See 8 Cal. Code Regs, § 16451(d).)
e. In executing this Agreement, Contractor acknowledges and agrees that the work authorized by this Agreement may be subject to compliance monitoring and enforcement by the Department of Industrial Relations.
23. HOURS OF LABOR:
As provided in Article 3 (commencing at § 1810), Chapter 1, Part 7, Division 2 of the Labor Code, eight (8) hours of labor shall constitute a legal day's work. The time of service of any worker employed at any time by Contractor or by any s ubcontractor on any subcontract Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 Golden Bay Construction, Inc. 12 Version 8-22-24
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under this Agreement , upon the work or upon any part of the work contemplated by this Agreement, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as hereinafter provided. Notwithstanding the provision hereinabove set forth, work performed by employees of Contractor in excess of eight (8) hours per day and forty (40) hours during any one week shall be permitted upon this public work, provided that the employees’ compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay.
Contractor shall pay the City a penalty of Twenty -five Dollars ($25.00) for each worker employed in the execution of this Agreement by Contractor, or by any s ubcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one (1) calendar week, in violation of the provisions of Article 3 (commencing at § 1810), Chapter 1, Part 7, Division 2 of the Labor Code, unless compensation for the workers so employed by Contractor is not less than one and one-half (1-1/2) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.
Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one -half (1½) times the above specified rate of per diem wages, unless otherwise specified. Holidays shall be defined in the Collective Bargaining Contract applicable to each particular craft, classification, or type of worker employed.
24. APPRENTICES:
Attention is directed to the provisions in S ections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by Contractor or any subcontractor under it on contracts greater than $30,000 or 20 working days. Contractor and any subcontractor under it shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.
Section 1777.5 of the Labor Code requires Contractor or subcontractor employing workers in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project, and which administers the apprenticeship program in that trade, for a certificate of approval, if they have not previously applied and are covered by the local apprenticeship standards.
Contractor is required to make contributions to funds established for the administration of apprenticeship programs if: (1) Contractor employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions; or (2) if Contractor is not a signatory to an apprenticeship fund and if the funds administrator is unable to accept Contractor' required contribution. Contractor or subcontractor shall pay a like amount to the California Apprenticeship Council.
Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex- officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
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25. LABOR DISCRIMINATION:
No discrimination shall be made in the employment of persons upon public works because of the race, color, sex, religion, age, national origin, sexual orientation or physical disability of such persons and every Contractor for public works violating this section is subject to all the penalties imposed for a violation of the provisions of the Labor Code, and, in particular, Section 1735.
26. REGISTRATION OF CONTRACTORS:
Before submitting bids for any work authorized by this Agreement , contractors shall be licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California.
27. URBAN RUNOFF MANAGEMENT:
Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, C ontractor shall use as little as necessary. Contractor shall take all steps necessary to keep wash water out of the streets, gutters and storm drains.
Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control includes but is not limited to:
a. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season (October 15), on site de -watering activities and saw -cutting activities; shovel or vacuum saw-cut slurry and remove from the site.) b. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers.
c. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location. d. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff.
e. Contractor shall maintain a clean work area by removing trash, litter, and debris at the end of each workday. Contractor shall also clean up any leaks, drips, and other spills as they occur.
The objective is to ensure that the City and County of Alameda County- Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction, up- graded as required, maintained during construction phases to provide adequate protection, and removed at the end of construction.
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These recommendations are intended to be used in conjunction with the State’s Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7.1.01 of the Standard Specifications and any other appropriate documents on storm water quality controls for construction.
Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code §13385.
28. COMPLIANCE WITH MARSH CRUST ORDINANCE:
Contractor shall perform all excavation work in compliance with the City’s Marsh Crust Ordinance as set forth at Section 13 -56 of the Municipal Code. Prior to performing any excavation work, Contractor shall verify with the Building Official whether the excavation work is subject to the Marsh Crust Ordinance. Contractor shall apply for and obtain permits from Building Services on projects deemed to be subject to the Marsh Crust Ordinance.
29. COMPLIANCE WITH THE CITY’S INTEGRATED PEST MANAGEMENT POLICY:
Contractor shall follow the requirements of the City's Integrated Pest Management (IPM) Policy to ensure the City is in compliance with its Municipal Regional Stormwater NPDES Permit, Order R2 -2022-0018, issued by the San Francisco Bay Regional Water Quality Control Board.
Contractor shall use the most current IPM technologies available to ensure the long- term prevention or suppression of pest problems and to minimize negative impacts on the environment, non-target organisms, and human health for the control or management of pests in and around City buildings and facilities, parks and golf courses, urban landscape areas, rights-of-way, and other City properties.
Contractor will consider the City IPM Policy’s hierarchy of options or alternatives listed below, in the following order before recommending the use of or applying any pesticide on City property: (1)
a. No controls (e.g. tolerating the pest infestation, use of resistant plant varieties or allowing normal life cycle of weeds);
b. Physical or mechanical controls (e.g. hand labor, mowing, exclusion); c. Cultural controls (e.g. mulching, disking, alternative vegetation) and good housekeeping (e.g. cleaning desk area);
d. Biological controls (e.g., natural enemies or predators); e. Reduced-risk chemical controls (e.g., soaps or oils); and f. Other chemical controls.
Prior to applying chemical controls C ontractor shall complete a checklist for the City’s pre-approval that explains why a chemical control is necessary. For annual contracts that Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 Golden Bay Construction, Inc. 15 Version 8-22-24
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require regular application of chemical controls the contractor shall submit one checklist prior to the initiation of the project demonstrating that the hierarchy has been reviewed and no other options exist. ( See Exhibit C). Additionally, Contractor shall provide documentation to the City’s project manager of the implementation of the IPM techniques hierarchy described in the City’s IPM Policy. Contractor shall avoid the use of the following pesticides that threaten water quality, human health and the environment:
a. Acute Toxicity Category I chemicals as identified by the Environmental Protection Agency (EPA);
b. Organophosphate pesticides (e.g., those containing Diazinon, chlorpyrifos or malathion);
c. Diamides (chlorantraniliprole and cyantraniliprole); d. Neonicotinoids (e.g., imidacloprid, acetamiprid, and dinotefuran); e. Pyrethroids (bifenthrin, cyfluthrin, beta -cyfluthrin, cypermethrin, deltamethrin, esfenvalerate, lambda- cyhalothrin, metofluthrin, permethrin, and tralomethrin), carbamates (e.g., carbaryl and aldicarb), diuron, fipronil and its degradates, and indoxacarb; and
f. Copper-based pesticides unless their use is judicious, other approaches and techniques have been considered, and the threat of impact to water quality is prevented.
Contractor shall sign the Contractor Verification Form (attached as Exhibit B ) indicating the intent to implement the City’s IPM Policy, and return a signed copy to the City’s project manager.
Contractor shall provide to the City’s project manager an annual r eport of all pesticide usage in support of City operations including pesticide name, active ingredient(s), target pest(s), the total amounts used and the reasons for any increase in use of any pesticide. Contractor shall provide a copy of any current IPM certifications(s) to the City’s project manager prior to initiation of the service work.
A copy of the City's IPM Policy may be obtained from the City’s project manager and is also on file with the City Clerk.
If this Agreement pertains to the use of any items listed above, Contractor will need to fill out and send in the Contractor Verification Form and Contractor Check List . ADD EXHIBIT B IF PEST CONTROL.
30. PURCHASES OF MINED MATERIALS REQUIREMENT:
Contractor shall ensure that all purchases of mined materials such as construction aggregate, sand and gravel, crushed stone, road base, fill materials, and any other mineral Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 Golden Bay Construction, Inc. 16 Version 8-22-24
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materials must originate from a surface mining operation identified on the AB3098 List per the Surface Mining and Reclamation Act of 1975 (SMARA).
Within five days of award of contract, Contractor shall submit a report to the City which lists the intended suppliers for the above materials and demonstrates that the suppliers are in compliance with the SMARA requirements. The AB3098 List is maintained by the Department of Conservation’s Office of Mine Reclamation (OMR) and can be viewed at:
www.conservation.ca.gov/OMR/ab_3098_list/index.htm. Note that the list changes periodically and should be reviewed accordingly.
31. CALIFORNIA AIR RESOURCES BOARD COMPLIANCE:
Contractor, shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the California Air Resources Board regulations including, without limitation, Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“CARB Regulations”).
Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, Certificates of Reported Compliance, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the CARB Regulations upon two (2) calendar days’ notice from the Cit
Contractor shall be solely liable for any and all costs associated with complying with the CARB Regulations as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the CARB Regulations. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the CARB Regulations.
32. TERMINATION:
In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) business days after receipt by Contractor from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may terminate the Agreement forthwith by giving to Contractor written notice thereof.
The City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days’ prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination.
33. ATTORNEYS’ FEES AND COSTS:
In the event of any litigation, including administrative proceedings, relating to this Agreement, including but not limited to any action or suit by any party, assignee or beneficiary Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 Golden Bay Construction, Inc. 17 Version 8-22-24
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against any other party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney’s fees and costs. No party or litigant shall be entitled to recover any attorneys’ fees or costs from any other party or litigant, regardless of which party or litigant might prevail.
34. PUBLIC CONTRACT CODE SECTION 9204 SUMMARY:
Notwithstanding anything else to the contrary stated in the Information For Bidders (IFB) or other documents associated with this Agreement, all claims, regardless of dollar amount, submitted between January 1, 2017 and January 1, 2027 related to work performed or scheduled to be performed pursuant to this Agreement shall be governed by Public Contract Code Section 9204 and this section. The following provisions and procedures shall apply:
a. Contractor shall submit each Claim (whether for a time extension, payment for money or damages) in writing and in compliance with Public Contract Code Section 9204. Contractor must include reasonable documentation to support each claim.
b. Upon receipt of a c laim, the City shall conduct a reasonable review and respond in writing within 45 days of receipt and shall identify in a written statement what portions of the claim are disputed and undisputed. Undisputed portions of the c laim shall be process and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The City and Contractor may mutually agree to extend the 45 day response time.
c. If the City needs approval from the City Council to provide a written statement, the 45 days may be extended to 3 days following the next duly noticed public meeting pursuant to Public Contract Code Section 9204(d)(1)(C).
d. If the City fails to timely respond to a c laim or if Contractor disputes the City’s response, Contractor may submit a written demand for an informal meet and confer conference with the City to settle the issues in dispute. The demand must be sent via registered or certified mail, return receipt requested. Upon receipt, the City shall schedule the conference within 30 days.
e. Within 10 business days following the informal meet and confer conference, the City shall submit to Contractor a written statement describing any issues remaining in dispute and that portion which is undisputed. Undisputed portions of the claim shall be process ed and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The issues remaining in dispute shall be submitted to non -binding mediation. If the City and Contractor mutually agree on a mediator, each party shall pay equal portions of all associated costs. If within 10 business days, the City and Contractor cannot agree on a mediator, each party shall select a mediator (paying all costs associated with their selected mediator), and those mediators shall select a qualified neutral third party to mediate the disputed issues. The City and Contractor shall pay equal portions of all associated costs of such third party mediator.
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f. Unless otherwise agreed by the City and Contractor, any mediation conducted hereunder shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has commenced.
g. The City reserves all rights and remedies that it has pursuant to this Agreement, any associated plans and specification s, or at law or in equity which are not in conflict with Public Contract Code 9204.
35. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.
36. ADVERTISEMENT:
Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from the City to do otherwise.
37. WAIVER:
A waiver by the City of any breach of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
38. INTEGRATED CONTRACT:
Subject to the language of Section 43, t he Recitals and exhibits are a material part of this Agreement and are expressly incorporated herein. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the City and Contractor.
39. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party.
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40. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.
41. COUNTERPARTS:
This Agreement may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
42. SIGNATORY:
By signing this Agreement, each signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.
43. CONTROLLING AGREEMENT:
In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherwise modified from time to time) and any other terms and conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary. [
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Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
Exhibit A
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 Exhibit A
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 Exhibit A
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 Exhibit A
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 Exhibit A
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 Exhibit A
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 Exhibit A
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 Exhibit A
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:
CERTIFICATE NUMBER:
COVERAGES
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).
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.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
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. $
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS
AUTOS ONLY
NON-OWNED
SCHEDULED
OWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBER
TYPE OF INSURANCE
LTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB
$
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR
CLAIMS-MADE
DED
RETENTION
$
$
PRODUCTS - COMP/OP AGG
$
GENERAL AGGREGATE
$
PERSONAL & ADV INJURY
$
MED EXP (Any one person)
$
EACH OCCURRENCE
DAMAGE TO RENTED
$
PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PRO-
JECT
LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
10/24/2024
James E. McGovern, Inc.
1625 El Camino Real
Belmont, CA 94002
650-753-4152 650-594-9130
www.jemins.com Travelers Indemnity Co of Connecticut A XV 25682 Travelers Property Casualty Co of America A XV 25674
Everest Premier Insurance Company A+ XV 16045
A 1,000,000CO-5X773347 1/1/2024 1/1/2025
300,000
✓
5,000
✓
1,000,000
✓XCU-Not Excluded
2,000,000
✓Separation of Insureds
2,000,000✓
B 810-5X773384 1/1/2024 1/1/2025 1,000,000
✓
✓
✓
B CUP-5X773439 1/1/2024 1/1/2025 9,000,000✓
9,000,000** Follows Form Over✓
GL, AU & WC **
C 76000181412 41 10/1/2024 10/1/2025 ✓
1,000,000Y
1,000,000
1,000,000
Steve Suissa
MaryAnn Worman
[email protected]
Golden Bay Construction, Inc.
3826 Depot Road
Hayward CA 94545
82485828
✓ ✓
✓✓
✓
City of Alameda, its City Council, boards, commissions, officials, employees and volunteers are named as Additional Insured & Primary Non-contributory Waiver of subrogation applies to General & Auto Liability and Workers Compensation.
City of Alameda
Public Works Department
950 West Mall Square, Room 110
Alameda CA 94501
RE: Work performed @ Mecartney Road Pedestrian Crossing Imp, Alameda PW#07-24-20 on the General & Auto Liability.
*30 day written Notice of Cancellation, except for non-payment of premium which is 10 days. 82485828 | GOLDE-1 | 24/25 GL AU UMB WC | MaryAnn Worman | 10/24/2024 12:37:03 PM (PDT) | Page 1 of 15 Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 10/31/2024
Golden Bay Construction, Inc.
CO-5X773347
82485828 | GOLDE-1 | 24/25 GL AU UMB WC | MaryAnn Worman | 10/24/2024 12:37:03 PM (PDT) | Page 2 of 15 Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 82485828 | GOLDE-1 | 24/25 GL AU UMB WC | MaryAnn Worman | 10/24/2024 12:37:03 PM (PDT) | Page 3 of 15 Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
COMM E RCI AL G ENERA L LIAB ILI T Y
4 . Othe r I nsura nce (i i) Tha t i s in s ur a n ce f o r "pr e m i s e s da m a ge ";If v a l i d a nd co l l e cti b l e o t h e r i nsur a nce is a v a i l a bl e t o (i ii) If th e lo s s a r i se s o ut o f theth e i nsur e d f o r a lo s s w e c o v e r unde r Co v e r a ge s A m a in te n a nc e or u s e of airc ra ft,or B of t his C ov e ra g e P art, ou r obligatio ns are "a u t o s" o r w a t e r cr a f t to the e x t e ntl i m i te d a s de s cr i be d i n Pa r a g r a ph s a. and b. be l o w . no t s ubj e ct to a n y e x cl usio n i n th i sAs use d a ny w he r e in th i s Co v e r a ge Pa r t , o th e r C ov er age P art t hat app li es t oi nsur a nce m e a n s in s ur a n ce , o r th e f un di ng o f ai rc ra ft, " autos " or w ate rc ra ft;l o s s e s , t ha t i s p r o v i d e d by , t hr o u gh o r o n b e ha l f o f :
(i v) Tha t is in s ur a nce a v a i l a bl e to a(i ) An o t h e r i nsur a n ce co m pa n y ; pr e m i s e s ow ne r , m a na g e r or (i i) U s o r a n y of ou r af fi l ia t ed i n s u r an c e c o m p an i es , l e s s o r th a t qua l i f i e s a s a n in s ur e d e x ce p t w he n th e No n cum ul a t i o n o f Ea ch un de r Pa r a g r a ph 4. o f Se ct i o n II – Occur r e n ce Li m i t pr o v i sio n o f Pa r a gr a p h 5. of Who Is An Insur e d , e x ce p t w he n Se cti o n II I – Li m i t s Of Insur a n ce o r th e No n Pa r a gr a p h d. b e lo w a p plie s ; o r cum u l a ti o n o f Pe r so na l a n d Adv e r t i sin g In j ur y (v) Tha t is i nsur a n ce a v a i l a b l e to a nLi m i t pr o v i sio n o f Pa r a gr a p h 4. o f Se cti o n II I – e q ui pm e n t l e s s o r th a t qua l i f i e s a sLi m i t s o f In s ur a n ce a pp l i e s be ca u s e th e a n in s ur e d unde r Pa r a gr a p h 5. ofAm e n dm e n t – No n Cum ul a t i o n Of Ea ch Se cti o n II – Who Is An Insur e d,Occur r e n ce Li m i t Of Li a bi l i t y And No n ex c ept wh e n P ar agra p h d. be l o wC u m ula tio n O f P er s onal An d A dv e rtis in g I n jury app l ie s .Li m i t e n do r se m e nt i s i ncl u de d i n th i s po l i cy ; (b ) An y o f the o t h e r i nsur a nce , w he t he r(i ii ) An y r i sk r e te n ti o n gr o u p; o r pr i m a r y , e x ce s s , co nt i n ge nt o r o n a n y (i v) An y s e l f -i nsur a nce m e t ho d o r pr o g r a m , in o t h e r ba sis, tha t i s a v a i l a bl e to th e wh i c h c as e t h e i ns u re d will b e d ee m e d t o b e i nsur e d w he n the i nsur e d is a n th e p r o v i d e r o f o t h e r i nsur a n ce . add i t i ona l ins u re d , or i s an y ot he r i nsur e d tha t do e s no t qu a l i f y a s aOt he r in s ur a nce do e s no t in cl ud e um b r e l l a na m e d i nsur e d , un de r s uch o t h e ri nsur a nce , o r e x ce s s in s ur a nce , th a t w a s bo ug ht i nsur a nce .s p e c ific a lly t o ap ply i n ex c e s s of t he L im its of (2) Whe n th i s i nsur a nce i s e x ce s s , w e w il lIn s ur a n ce s ho w n in the De cl a r a t i o ns o f th i s ha v e no dut y und e r Co v e r a ge s A or B toCo v e r a g e P a r t . de f e n d th e i ns ur e d a g a i nst a ny "s ui t " i f a nyAs use d a ny w he r e in th i s Co v e r a ge Pa r t , o th e r o t h e r in s ur e r ha s a du ty to de f e n d thei nsur e r m e a n s a pr o v i d e r o f o t h e r in s ur a n ce . As i nsur e d a ga i n s t tha t "s ui t ". If no o th e ruse d in Pa r a g r a ph c. b e lo w, i ns u re r m e ans a i nsur e r de f e nd s , w e w i l l un de r t a k e t o do s o ,pr o v i de r o f i n s ur a nce . bu t w e w i l l b e e nt i t l e d t o th e i nsur e d' s r i gh ts a g a i nst a l l th o s e o th e r i nsu r e r s .a . Prima ry Ins ura nce (3) Whe n thi s in s ur a nce i s e x ce ss o v e r o th e rThi s insur a nce is pr i m a r y ex ce p t w he n in s u ra n c e , we will p a y only o u r s h a re of t h ePa r a gr a p h b. be l o w a p pl i e s. If th i s i nsur a n ce i s a m o u nt o f the lo ss , i f a ny , th a t e x ce e d s thep ri m a ry , ou r obliga t i ons are n ot aff e c t e d u nle s s su m o f :a n y o f th e o t h e r i nsur a n ce is a l s o pr i m a r y . (a) The to t a l a m o u nt tha t a l l s uch o th e rThe n, w e w i l l s ha r e w i t h a l l t ha t o t he r i n s ur a nce i nsur a n ce w o ul d pa y for t he l o s s in t heby t he m e th o d d e s cr i be d i n Pa r a gr a p h c. be l o w , abs enc e o f th i s ins u ra nc e; andex c ept whe n P a ra gra p h d. b e lo w a p plie s . (b ) The to t a l o f a l l de du cti b l e a n d s e l f -b. E xc es s Insura nc e i nsur e d a m o u nt s unde r a l l th a t o th e r (1) Thi s i nsur a nce i s e x ce s s o v e r : i nsur a n ce . (4) W e will s h ar e t h e rem a inin g lo s s , i f any ,(a ) An y o f the o t he r in s ur a nce , w he t he r w i th a n y o t he r in s ur a nce th a t i s no tpr i m a r y , e x ce s s , co nt i n ge nt o r o n a n y de s cr i be d in thi s Ex ce ss Insur a nceother ba s is :
pr o v i s i o n a n d w a s no t bo ug ht s pe ci f i ca l l y t o(i ) Tha t is Fi r e , Ex t e nd e d Co v e r a ge , a p pl y i n e x ce ss o f the Li m i t s o f In s ur a nceBu i l de r ' s Ri s k , In s ta l l a t i o n Risk o r s ho w n i n th e De cl a r a t i o n s o f thi s Cov e r a g es im ila r c o v e ra g e fo r " y o u r wo rk " ; Pa r t .
CG T 1 00 02 1 9 ú 20 1 7 T he Tra v e l e r s I n d e m n it y C o m p a n y . Al l ri g ht s re se rv e d . Pa ge 15 o f 21 I nc lu d e s c o p y rig h t e d m a t e r ia l o f I n su ra n ce Se rv ic e s Of f ic e , I n c . w i t h it s pe rm is si o n .
Golden Bay Construction, Inc.
CO-5X773347
82485828 | GOLDE-1 | 24/25 GL AU UMB WC | MaryAnn Worman | 10/24/2024 12:37:03 PM (PDT) | Page 4 of 15 Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
COMM E RCIAL GE N ERAL LIAB ILITY
c . M e t hod O f S hari ng a . The s ta t e m e nt s in th e De cl a r a t i o ns a r e a ccur a te a nd co m p l e te ;If a l l o f the o t he r i n s ur a nce pe r m i t s co nt r i b ut i o n b y e q ual s h are s , w e wi ll fo ll ow this m ethod a ls o. b. Tho s e s ta te m e n ts a r e ba s e d upo n Und e r th i s a p pr o a ch e a ch in s ur e r co nt r i but e s r e pr e se nt a ti o n s y o u m a de to us; a n d e q ua l a m o un t s unt i l it ha s pa i d it s a p pl i ca bl e c. W e h av e is s u e d t his p o lic y in relia nc e u ponl i m i t o f in s ur a nce o r no ne o f th e l o ss r e m a i ns, y o u r re pre s ent a tio n s .w hi che v e r co m e s f i r s t. T h e u n int e nt i ona l om is s i o n of , or u n intentio n a l er ro rIf a ny o f th e o t h e r i nsur a nce do e s no t pe r m i t in , an y in f o rm a t i on p rov id e d b y y ou wh ic h we re lie dc ont r ib utio n b y eq ual s h a re s , we will c on tribu te up o n i n iss ui ng th i s po l i cy w i l l no t pr e j u di ce y o u rby l i m i t s. Und e r th i s m e t ho d, e a ch i nsur e r 's r i g ht s unde r th i s in s ur a n ce . Ho w e v e r , thi s pr o v i s i o ns ha r e is ba s e d o n the r a ti o o f i t s a pp l i ca bl e l i m i t do e s no t a f f e ct o ur r i gh t to c o l l e ct a d di ti o n a lo f in s ur a nce to th e to t a l a p pl i ca b l e li m i t s o f p re m i u m or t o ex e rc is e our ri gh ts of c anc ell atio n ori ns ur a nce o f a l l i nsur e r s . no nr e ne w a l i n a cco r d a nce w i t h a pp l i ca bl e i n s ur a nce d. Pri m ary A n d N on- C ont ri butory I ns ura nce I f la ws o r re gu la tio n s .
R e quire d By W rit t en C ont ra ct 7 . S epa ra ti on O f Ins ure ds If y o u s pe ci f i ca l l y a g r e e i n a w r i tt e n co nt r a ct o r Ex ce pt w i th r e s pe ct to the Li m i t s o f In s ur a n ce , a nda g r e e m e nt tha t the i nsur a n ce a f f o r d e d to a n a n y r i gh ts o r du ti e s s pe ci f i ca l l y a ss ig ne d i n th i si nsur e d un de r t hi s Co v e r a ge Pa r t m ust a p pl y o n Co v e r a g e Pa r t to the f i r s t Na m e d Insur e d, th i sa p rim a ry b a s is , or a p rim a ry and n on- i ns ur a nce a p pl i e s :co n tr i bu to r y ba sis, th i s i nsur a n ce is pr i m a r y to a. As i f e a ch Na m e d In s ur e d w e r e the o nl yo t h e r in s ur a n ce th a t i s a v a i l a bl e t o such i nsur e d N am ed I ns u re d; a n dw hi ch co v e r s s uch i n s ur e d a s a n a m e d i nsur e d, b. Se pa r a t e l y to e a ch in s ur e d a ga i n s t w ho m cl a i mand we wi l l n ot s h ar e with t ha t other i ns u ra nc e, i s m a d e o r "s ui t " i s b r o ug ht .p r ov id ed t h at :
8 . T rans fer O f R ight s O f R ec ov e ry A ga inst Othe rs(1) The " bo di l y i nj ur y " o r "pr o p e r ty da m a g e " f o r T o Usw hi ch co v e r a g e i s s o u gh t o ccur s ; a nd If the i nsur e d ha s r i gh t s to r e co v e r a l l o r pa r t o f a n y(2) The "pe r so na l a n d a d v e r t i sin g i nj u r y " f o r pa y m e n t w e ha v e m a d e unde r thi s Co v e r a ge Pa r t ,w hi ch co v e r a g e is s o u gh t i s ca use d by a n th o s e r i g ht s a r e tr a n s f e r r e d t o us. The i nsur e d m ustof fe ns e th a t i s c o m m itte d ; do no t h i ng a f te r l o s s to i m p a i r th e m . At o ur r e qu e s t,s ubse qu e nt to the s i gn i ng o f tha t co ntr a ct o r th e i nsur e d w i l l br i n g "s ui t " o r tr a n s f e r tho s e r i gh t sagre e m e n t b y y o u. to us a nd h e l p u s e nf o r ce t he m . 5 . Prem ium A udit 9 . W he n W e Do Not R e new
a. We w i l l co m p ut e a l l p r e m i u m s f o r th i s Co v e r a g e If w e d e ci d e n o t t o r e n e w th i s Co v e r a g e P a r t , w e w i l lPa r t i n a cco r d a nce w i t h o ur r u l e s a n d r a t e s. m a i l o r de l i v e r to th e f i r s t Na m e d In s ur e d s ho w n in b. Pr e m i um s ho w n in th i s Co v e r a g e Pa r t a s th e De cl a r a ti o n s w r i t te n no ti ce o f the no nr e n e w a la d v a nce pr e m i u m i s a de p o s i t pr e m i um o nl y . A t no t l e ss th a n 30 da y s be f o r e t he e x pi r a ti o n da t e .th e clo se o f e a ch a ud i t pe r i o d w e w i l l co m p ut e I f n otic e i s m ai le d , p ro of of m a iling will b e s u ffi c ientt he ea rne d p re m ium for t hat p er io d and s en d p ro o f o f notic e .no t i ce t o th e f i r st Na m e d I nsur e d . The du e da t e S EC T IO N V – DE FINITION Sf o r a u di t a nd r e t r o s pe cti v e p r e m i u m s i s t h e d a t e s ho w n a s th e du e da t e o n th e bi l l . If the s um o f 1. "Ad v e r t i s e m e n t" m e a n s a no ti ce th a t i s br o a d ca st o r th e a d v a nce a nd a u di t pr e m i u m s pa i d f o r the pu bl i s he d to the ge n e r a l pub l i c o r s pe ci f i c m a r k e t po l i cy pe r i o d is gr e a te r tha n the e a r n e d s e g m e nt s a b o ut y o ur go o ds, pr o du cts o r s er v i ce s p re m i u m , we will re t urn t h e ex c es s t o t h e fir s t f o r th e pur p o s e o f a t t r a cti n g c usto m e r s o r Na m e d I ns ur e d. s upp o r t e r s . F o r th e p ur po s e s o f t hi s de f i ni ti o n :
c. The f i r s t Na m e d In s ur e d m ust k e e p r e co r d s o f a. No t i ce s th a t a r e publ i s he d i ncl u de m a t e r i a l t he i nfo rm atio n we n ee d fo r p rem iu m p la c e d on t h e I n te rnet or on s i m i la r ele c t r onic co m p ut a ti o n , a nd s e n d us co p i e s a t s uch t i m e s m e a n s o f co m m u ni ca t i o n; a nd a s w e m a y r e qu e st. b. Re g a r di ng w e bsit e s , o nl y tha t pa r t o f a w e b s i t e 6 . R e pre se nta t ions t ha t i s about yo ur g o ods , p ro d uc t s or s er v ic e s f o r th e pur po s e s o f a tt r a ct i ng cus to m e r s o rBy a cce p ti ng t h i s p o l i cy , y o u a gr e e :
s upp o r t e r s i s co n s i de r e d a n a d v e r t i s e m e n t .
Pa ge 16 o f 21 ú 20 1 7 T he Tra v e l e r s I n d e m n it y C o m p a n y . Al l ri g ht s re se rv e d . CG T 1 00 02 1 9 I nc lu d e s c o py ri gh t e d ma t e ria l o f I n su ra n ce S e r v ic e s Of f ice , I nc . wit h it s p e r mi ss io n . 82485828 | GOLDE-1 | 24/25 GL AU UMB WC | MaryAnn Worman | 10/24/2024 12:37:03 PM (PDT) | Page 5 of 15 Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINl:SS AUTO EXTENSION ENDORSEMENT
This endorsement modifl.es insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE - This eOOorsemen\ broadens coverage. However, coverage for any lnj.ny, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limtted by such an endorsement. The following listing Js a general cover age dese<lp\lon only. Umttations and exclusions may apply to these coverages. Read all the provisions of this en dorsement and the rest of your policy carefully lo determine rlghls. duties, and what ls and is not oovered.
A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF B. BLANKET ADDITIONAL INSURED USE - INCREASED LIMIT
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS - INCREASED
LIMITS
F. HIRED AUTO - LIMITED WORLDWIDE COV-
ERAGE - INDEMNITY BASIS
G. WAIVER OF DEOUi!TIBLE - GLASS
PROVISIONS
A. BROAD FORM NAMED INSURED
The follo.,;ng is added to Paragraph A.1., Who Is
An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:
Any organization you newly acquira or form dur
ing the policy period over which you maintain
50% or more o\Mlershlp Interest afld that is not
separately insurod for Businoss Auto Coverage.
Coverage under this provision is afforded only un
til the 180th day after you acquire or form the or
ganization or the end of the policy period, which
ever is earfier.
B. BLANKET ADDITIONAL INSURED
The following is added to Paragrapll c. in A.1.,
Who Is An lnsurad, of SECTION II - COVERED
AUTOS LIABILITY COVERAGE:
Any person or organization who Is required under
a written rontract or agreement between you and
that person or organization, 1hat is signed and
executed by you before the "bodily Tnjlry" or
"property damage• oe<:Urs and that Is In effecl
durfng the policy period, to be named as an addi
tional insured is an "insured" for Covered Autos
Liability Coverage, bul only for damages to which
I. PHYSICAL DAMAGE - TRANSPORTATION
EXPENSES - INCREASED LIMIT
J. PERSONAi. PROPERTY
K. AIRBAGS
L. NOTICE ANO KNOWLEDGE OF ACCIDENT OR
LOSS
M. BLANKET WAIVER OF SUBROGATION
N, UNINTENTIONAL ERRORS OR OMISSIONS
this insurance appHes and only to the exlenl tha1
person or organlzation qualifies as an "insured"
urKler the Who Is An Insured provision contained
in Seclion II.
C. EMPLOYEE HIRED AUTO
1. The following is ackled to Paragraph A.1.,
Who Is An Insured, of SECTION II - COV
ERED AUTOS LIABILITY COVERAGE:
An "employee· of yours is an "insured" while
operating an ·auto· hired or rontcd under a
contract or agreement In an "employee"s"
name, wtth your permission, while performing
<lulies related to the oonducl of your bus~
ness.
2. The following replaces Paragraph b. in B.5.,
other Insurance, of SECTION IV - BUSI
NESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Cover
age, the following are deemed to be cov
ered •autos· you own:
(1) Any covered •auto• you lease, hire,
rent or tlorrow; afld
(2) Any covered "auto• hired or rented by
your "employee" undor a contract In
an •employee's" name, wtth your
CA T3530215 0:,2015 n,o na>otor< lr.domnfy Company. Allfl'lhtS , ... rvod. Page 1 014 lnclu<l .. copyngl,•.od m.ro,i;,I of lr=oor.co s.r;;c .. Office, I r-.o. N'JI as ponnisslon.
Golden Bay Construction, Inc.
810-5X773384
82485828 | GOLDE-1 | 24/25 GL AU UMB WC | MaryAnn Worman | 10/24/2024 12:37:03 PM (PDT) | Page 6 of 15 Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
COMMERCIAL AUTO
permission, while performing duties
related to the conduct cf your busl-
"=·
However, any •auto• that Is leased, hired,
rented or borrowed with a driver is not a
covered •auto•.
D. EMPLOYEES AS INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECT JON II - COVERED AUTOS
LIABILITY COVERAGE:
Any ·employee· of yours is an "iosured" while u,,_
ing a covored
0 aulo
0 you don~ own, hire or borrow
Tn your business or your personal allalra.
E. SUPPLEMENTARY PAYMENTS - INCREASED
LIMITS
f. The following replaces Paragraph A.2.a.(2),
of SECTION II - COVERED AUTOS LIABIL
ITY COVERAGE:
(2) Up to $3,000 for oost of bail bonds (m
cludlng bonds for related traffic law viola
tions) required because of an "accident"
we cover. We do llOI have to furnish
those bonds.
2. The following replaces Paragraph A2.a.(4),
of SECTION 11- COVERED AUTOS LIABIL•
ITY COVERAGE:
(4) All reasonable expenses inC!Jrred by the
"insured" at our request, including aclual
loss of earnings up to $500 a day t,,:,.
cause or lime off from worl<..
F. HIRED AUTO - LIMITED WORLDWIDE COV
ERAGE - INDEMNITY BASIS
The following replaces Subparagraph (5) In Para
graph B.7., Policy Period, Coverage Territory,
of SECTION IV - BUSINESS AUTO CONDI·
TIONS:
(6) Anywhere In the wo~d. except any counlry or
jurisdiction while any trade sanction, em
bargo, or similar regulation imposed by the
Untted states of America applies to am! pro
hibits the transaction of business with or
within such oountry or jurisdiction, for Cov
ered Autos Liabilrty Coverage for any covered
•auto• that you lease, hire, rent or borrow
without a driver for a period of 30 days or less
and that IS not an •auto• you lease, hire, rent
or borrow from any of your •employees•.
partners Of you are a partnerahlp), members
or you are a limited liability oompany) or
members of their households.
(a) Wrth respect to any claim made or "sutt•
brought outside the United S1ates of
America, the terrttories and possessions
or the United states of America, Puerto
Rioo and Canada:
(I) You must arrange to defend the "In
sured" against, afld invesllgate or se!
lle any such claim or •sutt• and keep
us advised of all proceedin(lS and ac
tions.
(II) Nellher you nor any other involved
"insured" wlll make any settlement
withoul our consent.
(iii) We may, a1 our discrelion, participate
!n defending the "insured" against. or
fn the settlement of, any claim or
"sutt•.
(iv) We wlll reimburse the "fr\Sured" for
sums that the "insured" legally must
pay as damages because of "bodily
inj.Jry" or "property damage• to which
1his insurance applies, that the "in
sured" pays l'ath our oonsen1, but
only up to the limtt described Ill Para
graph C., Limtts Of Insurance, of
SECTION II - COVERED AUTOS
LIABILITY COVERAGE.
(v) We wlll reimburse tho "insured" for
the reasonable expanses incurred
with our consent for your investiga
tion of such daims and your defense
of tho "insured" against any such
•suit", but only up to and Included
within \he limit desCObed in Para
graph C., Limtts Of Insurance, of
SECTION II - COVERED AUTOS
LIABILITY COVERAGE, and not in
addition to such limtt. Our duly to
make such payments ends ,omen we
have used up the applicable /imtt of
Insurance in payme01s for damages,
settlements or defense expeJISes.
(b) This Insurance is excess over any valid
and colledible other insurance available
to the "insured" whether primal)', excess,
contingent or on any other basis.
(c) TMs insurance is not a substttute for re
quired or compulsory insurance In any
country outside tho Untied States, Its ter
ritorios and possessions, Puerto Rlco and
Canada.
Pago 2 or 4 ;; 201 ~ The Traveler< lr.dom n ity eom,..oy. All r,gh:s r,,sorved. CAT3630215 Includes copyrigl1le<I ma1erial of r=• """ S,c,lces Office, I""· v,i'.h It. .,..,,,-n. 82485828 | GOLDE-1 | 24/25 GL AU UMB WC | MaryAnn Worman | 10/24/2024 12:37:03 PM (PDT) | Page 7 of 15 Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 Yoo agree to maintain all required or
compulsoiy insurance in any such coun
\ry up to the minimum limtts required by
local law. Your !allure to comply with
oompulsoiy iJISUrance requirements will
no! invalida!e the coverage afforded by
this policy, but we will only 00 lieble to the
same extent we would have been liable
had you complied with the compulsoiy in
surance requirements.
(d) It~ uJlderstood that,,.., are not an admtt
ted or al.llhorized insurer outside the
Untted States of America, its tenitories
and possessions, Puerto Rico and Can
ada. We assume no responsibility for 1he
furnishing of certificates of insurance, or
for compliance in any way with the lav.s
of other countries relating to insurance.
G. WAIVER OF DEDUCTIBLE - GLASS
Tho following is added to Paragraph D., Deducll
ble, of SECTION Ill - PHYSICAL DAMAGE
COVERAGE:
No deductiblo for a covered "auto• ..,;11 apply to
glass dam ago if the glass is reP<1ired rather than
replaced.
H, HIRED AUTO PHYSICAL DAMAGE - LOSS OF
USE- INCREASED LIMIT
The following replaces the last sentence of Para
graph A.4,b., Loss Of Use Expenses, of SEC
TION Ill- PHYSICAL DAMAGE COVERAGE:
However, the mosl we will pay for any expenses
for loss of use is $65 per day, to a maximum of
5750 for any one "accident".
I. PHYSICAL DAMAGE - TRANSPORTATION
EXPENSES - INCREASED LIMIT
The following replaces the first sentence in Para
grapll A.4.a., Transportation Expenses, of
SECTION 1ll - PHYSICAL DAMAGE COVER
AGE:
We ..,;11 pay up to 550 per day to a maximum of
$1,500 for temporaiy transportalion expense in•
curred by you because of the total theft or a cov
ered "auto" of the private passenger type.
J. PERSONAL PROPERTY
The following is added to Paragraph A.4., Cover
age Ertensions, of SECTION Ill - PHYSICAL
DAMAGE COVERAGE:
Personal Property
We will pay up to 5400 for 'loss• to wearing ap,
P<lrel and other personal property \\Illich is:
(1) Ownod by an "insured"; and
COMMERCIAL AUTO
(2) In or on your covered "auto'.
This coverage applies only in the event of a to1al
thell of your covered "auto•.
No deductibles apply to 1h~ Personal Property
coverage.
K. AIRBAGS
The following is added to Paragraph B.3., Exclu
sions, of SECTION HI - PHYSICAL DAMAGE
COVERAGE:
Exclusion 3.a. does not apply to "loss' to one or
more airbags in a covered ·auto• you own that in
flate due to a cause other than a cause of "loss•
set forth ln Paragraphs A.1.b. and A.1.c., birt
only:
a. If that ·auto" is a covered •auto• for Compre
hensive Coverage under th~ policy;
b. The airbags are not covered under any war-
ranty: and
c. The airbags were no\ intentionally inllated.
We will pay up to a maximum of 51,000 for any
one "loss".
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
'"'' The following is added lo Paragraph A.2.a., of
SECTION IV- BUSINESS AUTO CONDITIONS:
Your duly to gllre us or our authorized representa
tive prompt notice of 1he "accident' or "loss· ap,
plios only when the "accident" or "loss• ~ known
to:
(a) You (if you are an indWiduaQ;
(b) A P<1rtner (if you are a partnership);
(c) A member (if you are a limtted liability com
pany);
(d) An executive officer, director or insuranco
manager (if you are a corporation or other or
ganizalion); or
(e) Any "employee· authorized by you to give no
tice of the "accident• or 'IDS&".
M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.5., Transfer
or Rights or Recovery Against others To Us,
of SECTION IV - BUSINESS AUTO CONDI
TIONS:
6. Transfer Of Rights or Recovery Against
Others To Us
We waive any right of recoveiy we may have
against any person or organization to the ex
tent required of you by a written contract
signed and eMcuted prior to any 'accident"
or "loss", provided 1hat the "accident• or "loss"
arises out of operallons contemplated by
CAT3530215 @2015 The T"'elm lo<lernnity company. All <lgh\s reserV<O. Page 3 of 4 lnckJdes copyrigh\ed mole<ial ol loscn,..,. soo.1e.as Off<:<t, lr-.o. - ils p«m)<slon. 82485828 | GOLDE-1 | 24/25 GL AU UMB WC | MaryAnn Worman | 10/24/2024 12:37:03 PM (PDT) | Page 8 of 15 Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
COMMERCIAL AUTO
such contract. The waiver applies only to the
pe,son or organization designated in such
contract.
N. UNINTENTIONAL ERRORS OR OMISSIONS
Toe following is a(!(led to Paragraph B.2 •• Con
cealment, Misrepresentation, Or Fraud, of
SECTION IV- BUSINESS AUTO CONDITIONS:
The unintentional omission of, or unintentional
error in, any infonnation given by you shall not
prejudice your rights under this insurance. How
ever this provision does not affect our right lo col
lect addillonal premium or o;,corcise our right of
cancellation or non-renewal.
Page4 of 4 @201~ The nav,aler< lod•mnlty Company. Al fi.qht> ,eser,•d. CAT3530215 ln<:k!<les coP)'Tijiled malenal of I""-"= s.,,;ces 0~, loo. Vd!h r., pem,isolon. 82485828 | GOLDE-1 | 24/25 GL AU UMB WC | MaryAnn Worman | 10/24/2024 12:37:03 PM (PDT) | Page 9 of 15 Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 POUCY NUMBER:
COMMERCIAL GENERAL LIABlLltY
ISSUE DATE:
THIS ENDORSEMENT CHANGES TI-IE POLICY. PLEASE READ IT CAREFULLY.
SCHEDULED ADDITIONAL INSURED
(Includes Products-Completed Operations If Required By Contract) This endorsement modifies II\Surnnc8 provided under \lw foll<VM1111:
COMMERCIAL GEN~RALLIABILITV COVERAGE PART
SCHEDULE OF ADDITIONAL INSUREDS AND COVERED OPERATIONS
NAME OF PERSON OR ORGANIZATION:
PROJECT/LOCATION OF COVERED OPERATIONS;
PROVISIONS
The following is added to SECTION II -WHO 18 AN
INSURED;
Afly pooaoo or organizalloo shown In the Schedule
Of A<kl~ionsl Insureds And Cove«>:! OpITTations Iha!
you agree in a wrilten contract 01 agreement to
;oolude as an addillonal insu,ed on this Coverage
Part is an Insured, but only:
a. WAh respect to liability for "bodily injury" or
·property damage" Iha! occurs, or for "personal
irrjury" caused by an offense that is comni1ted.
subsequent to \he slgn!ng of that contract or
ag,eemenl and while th,:,! part of the conlracl or
agmament is Tn elfecl; and
b. II, and only to lho extent \hat such Injury or
damago is csused by acls ..- omissions of you or
your subcontractor in !he performanoe of "your
work' on or for the project, or at the location.
sh""'1 In the Sche<Me Of AddHlonal Insureds
And Covered Oi>"ra~ons. to wluch the v.,-m,m
contract or agreement applies. Such persoo or
organizaUon dom nol q[l![\i/y as lll1 additional
insured with respect to !he independent acts or
omissions oJ such person or organizatioo.
CG D2 47 0419
The insurance providOO to such additional Insured is
subjeCI to the fo!lowlng pro\lisloos:
a. If tile L1Nits of losurance of this Coverage l'art
shown in lhe Oeclaratlons exceed the min)mum
linvls required by the wr1lter> contract or
agreement, the· Insurance provided to the
addaiooa\ Insured wm be limited to . such
minim.rm required limits. FN the purposes of
determining whelher this lim~atiOn applies. the
rrinirn.rm limits requ!red by the wraten contracl or
agreemen! v,;11 be GOOSidernd to Include \he
mtnlrrum limits of any umbrella or Excess
liablllty coverage requ~ed for lhe additional
Insured by that written cootraet or agreement.
This provision v,;11 not increase the ijmits of
insurance desoobed in Sectloo 111 - Limits Of
!nsurance.
b. The Insurance providecl to such addltloM\
insured does not apply to:
(1) Afly "bodily injJry", "properly damage" or
•personal lnju"y" afislng o~ of the providing,
or fallura to provide, any professional
archlteclural, englnOOrl/111 or surwying
services. Including:
CO-5X773347 10/24/2024
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COMMERCtAL GENERAL LIABILITY
{a) Too prepar1ng, approving, or falling to
prepare or approve, maps, shop
drawings, oplnions, reports, surveys,
fleld mders or change orders, or the
p,epari<19, approving, or fating to
prepare or approve, drawings and
specillcaUons; and
(b) S"'1!rvisOry, inspecllon, arcMeclura\ or
eng;neering actMtias.
(2) Any 'bodily fn)lr(' or ·property damage"
caused by "your work" and included In Iha
·..-oducts-oomplo\ed opernUons hazard"
unless the written oonlracl or agreement
spl>ciftcally requ~es you to prov'do such
coverage for that additional insured during
1he policy period.
c. The add!liooa\ Insured must comply w;th the
f,jlowlng dulie.s:
(1) GiW us written notice as soon as pracllcab!e
of sn "OCGU!Tence· or an offense wt,lcil may
result in a claim. To the extent possible, such
notice shoukl lflciude:
(a) How, when and where the "occurrence•
or offense took place;
(bl The narnas and addresses of any in)lred
persons arid witnesses; alld
P09e 2 of2
(c) The nature alld IOCallon of any injJry or
dam8!18 arising oul of the ·occurrcni:e•
orOffeOSe.
(2) If a claim is made or ·su~• is brougM against
the additional Insured:
(a) lmmedla\e\y record the specifics of the
claim or "suit" arid the date rnceived; ahd
(b) NolifY us es soon as practicable and s'ee
lo It Iha\ we rec.eh,,. .,,,.itten notice of \tie
claim or "suit" as soon as l'{acUcablo.
(3) Immediately selld us copies of all legal
papers received in c<mnection with the claim
or "suit", coopere!e ,Yilh us in iha
investigation or settlemont of !he cia!m· or
d<lrense lljJalnsl the •sutt", an<l olh""""51'
co"l)!y wtth aft polcy cond!Uoos. ·
(4) Tender the defense arid indemnity of any
Qlalm or "suit" to any provider of other
Jnsural)G0 vtilch IMluld cover such oo:l~ional
insured for a loss we cover. However, this
condition does no\ affect whelh9f the
lnsurani:e provided to such addn!Ol'lal
insured Is p~mary to other insurance
available to S\11:h addn!onal Insured wl)icli
covers that p,,raon 01 organization as a
named insured as desml>ed in Paragraph 4.,
other lnsuranl::e, of Seclion IV - Commercial
General LlabMy CondillOOS.
CG0247D419
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WC 04 03 06
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT –
CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2% of the California workers’ compensation premium otherwise due on such remuneration.
SCHEDULE
PERSON OR ORGANIZATION JOB DESCRIPTION
Any person or organization for whom the Blanket Waiver of Subrogation Named insured has agreed by written contract
To furnish this waiver.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective: Policy No.: Endorsement No.
Insured: Premium $ INCL.
Insurance Company: Everest Premier Insurance Company
Countersigned By:
WC 04 03 06
Golden Bay Construction, Inc.
76000181412 4110/01/2024
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COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
XTEND ENDORSEMENT FOR CONTRACTORS
This endorsement modifies insurance provided under the folla.ving:
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 a the provisions a 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 a this endorsement and the rest a your policy carefully to determine rights, duties, and what is and is not covered.
A. Who Is An Insured- Unnamed Subsidiaries
B. Blanket Additional Insured - Governmental
Entities - Permits Or Authorizations Relating To
Operations
PROVISIONS
A. WHO IS AN INSURED
SUBSIDIARIES
UNNAMED
The following is added to SECTION II -WHO IS
AN INSURED: .
Any a yoor subsidiaries, other than a partnership,
joint venture or limited liability company, that is
not shown as a Named Insured in the
Declarations is a Named Insured if:
a. You are the sole owner of, or maintain an
ownership interest a more than 50% in, such
subsidiary on the first day a the policy period;
and
b. Such subsidiary is not an insured under
similar other insurance.
No such subsidiary is an insured for "bodily injury"
.or "property damage" that occurred, or "personal
and advertising injury" caused by an offense
committed:
a. Before you maintained an ownership interest
of more than 50% in such subsidiary; or
b. After the date, if any, during the policy period
that yoo no longer maintain an ownership
interest of more than 50% in such subsidiary.
For purposes of Paragraph 1. of Section II -Who
Is An Insured, each such subsidiary will be
deemed to be designated in the Declarations as:
C. Incidental Medical Malpractice
D. Blanket Waiver Of Subrogation
E. Contractual Liability - Railroads
F. Damage To Premises Rented To You
a. An organization other than a partnership, joint
venture or limited liability company; or
b. A trust;
as indicated in its name or the documents that
govern its structure.
B. BLANKET ADDITIONAL INSURED
GOVERNMENTAL ENTITIES - PERMITS OR
AUTHORIZATIONS RELATING TO OPERATIONS
The following is added to SECTION II - WHO IS
AN INSURED:
Any governmental entity that has issued a permit
or authorization with respect to operations
performed by yoo or on your behalf and that you
are required by any ordinance, law, building code
or written contract or agreement to include as an
additional insured on this Coverage Part is an
insured, but only with respect to liability for "bodily injury", "property damage" or "personal and
advertising injury" arising out a such operations.
The insurance provided to such governmental
entity does not apply to:
a. Any "bodily injury", "property damage" or
"personal and advertising injury" arising out a
operations performed for the governmental
entity; or
b. Any "bodily injury'' or "property damage"
included in the "products-completed
operations hazard".
CG D3160219 © 2017 The Trawlers Indemnity Company. All rights reserved. Page 1 of3 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Golden Bay Construction, Inc.
CO-5X773347
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COMMERCIAL GENERAL LIABILITY
C. INCIDENTAL MEDICAL MALPRACTICE
1. The following replaces Paragraph b. of the
definition cl "occurrence" in the
DEFINITIONS Section:
b. An act or omission committed in providing
or failing to provide "incidental medical
services", first aid or "Good Samaritan
services" to a person, unless you are in
the business or occupation of providing
professional health care services.
2. The following replaces the last paragraph of
Paragraph 2.a.(1) c1 SECTION II- WHO IS
AN INSURED:
Unless you are in the business or occupation
of providing professional health ca-e services,
Paragraphs (1)(a), (b), (c) and (d) above do
not apply to "bodily injury'' arising out cl
providing or failing to provide:
(a) "lnddental medical services" by any of
~r "employees" who is a nurse, nurse
assistant, emergency medical technidan
or paramedic; or
(b) First aid or "Good Samaritan services" by
any of your "employees" or "\/Oiunteer
workers", other than an employed or
wlunteer doctor. Any such "employees"
or "\/Oiunteer workers" providing or failing
to provide first aid or "Good Samaritan
services" during their work hours for you
will be deemed to be acting within the
scope of their employment by you or
performing duties related to the conduct
of your business.
3. The following replaces the last sentence cl
Paragraph 5. ci SECTION Ill - LIMITS OF
INSURANCE:
For the purposes cl determining the
applicable Each Occurrence Limit, all related
ads or omissions committed in providing or
failing to provide "incidental medical
services", first aid or "Good Samaritan
services" to any one person will be deemed to
be one "occurrence".
4. The following exclusion is added to
Paragraph 2., Exclusions, cl SECTION I -
COVERAGES - COVERAGE A
- BODILY
INJURY AND PROPERTY DAMAGE
LIABILITY:
Sale Of Pharmaceuticals
"Bodily injury" or "property damage" arising
out cl the violation of a penal statute or
ordinance relating to the sale of
pharmaceuticals committed by, or with the
knowledge or consent of, the insured.
5. The following is added to the DEFINITIONS
Section:
"lnddental medical services" means:
a. Medical, surgical, dental, laboratory, x-ray
or nursing service or treatment, advice or
instruction, or the related furnishing cl
focx:l or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.
6. The foiiONing is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV -
COMMERCIAL GENERAL LIABILITY
CONDITIONS:
This insurance is excess over any valid and
collectible other insurance, whether primary,
e:xcess, contingent or on any other basis, that
is available to any of your "employees" for
"bodily injury" that arises out cl providing or
failing to provide "incidental medical services"
to any person to the extent not subject to
Paragraph 2.a.(1) of Section II - Who Is An
Insured.
D. BLANKET WAIVER OF SUBROGATION
The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
c1 SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS:
If the insured has agreed in a contract or
agreement to waive that insured's right cl
rf!YJ:Jvery against any person or organization, we
waive our right of recovery against such person or
organization, but only for payments we make
because of:
a. "Bodily injury" or "property damage" that
occurs; or
b. "Personal and advertising injury" caused by
an offense that is committed;
subsequent to the execution of the contract or
agreement.
E. CONTRACTUAL UABILITY- RAILROADS
1. The foiiONing replaces Paragraph c. of the
definition d "insured contract" in the
DEFINITIONS Section:
c. Any easement or license agreement;
Includes copyrighted material of Insurance Services Office, Inc., with its permission. .... ,
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2. Paragraph f.(1) of the definition of "insured
contract'' in the DEFINITIONS Section is
deleted.
F. DAMAGE TO PREMISES RENTED TO YOU
The following replaces the definition of "premises
damage" in the DEFINITIONS Section:
"Premises damage" means "property damage" to:
COMMERCIAL GENERAL LIABILITY
a. Any premises while rented to you or
temporarily occupied by you with permission
of the owner; or
b. The contents of any premises while such
premises is rented to you, if }«< rent such
premises for a period of sewn or fewer
consecutive days.
CG D3160219 © 2017 The Travelers Indemnity Company. All rights reserved. Page3of3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 82485828 | GOLDE-1 | 24/25 GL AU UMB WC | MaryAnn Worman | 10/24/2024 12:37:03 PM (PDT) | Page 15 of 15 Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:
CERTIFICATE NUMBER:
COVERAGES
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).
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.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
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. $
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS
AUTOS ONLY
NON-OWNED
SCHEDULED
OWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBER
TYPE OF INSURANCE
LTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB
$
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR
CLAIMS-MADE
DED
RETENTION
$
$
PRODUCTS - COMP/OP AGG
$
GENERAL AGGREGATE
$
PERSONAL & ADV INJURY
$
MED EXP (Any one person)
$
EACH OCCURRENCE
DAMAGE TO RENTED
$
PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PRO-
JECT
LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
10/24/2024
James E. McGovern, Inc.
1625 El Camino Real
Belmont, CA 94002
650-753-4152 650-594-9130
www.jemins.com Admiral Insurance Company 24856
A Contractors Pollution Liability FEIECC25021 06 6/3/2024 6/3/2025 $5,000,000 Each Claim $5,000,000 Annual Aggregate
$2,500 Deductible per claim
Steve Suissa
MaryAnn Worman
[email protected]
Golden Bay Construction, Inc.
3826 Depot Road
Hayward CA 94545
82485916
✓
City of Alameda, its City Council, boards, commissions, officials, employees and volunteers are named as Additional Insured on the Pollution Liability City of Alameda
Public Works Department
950 West Mall Square, Room 110
Alameda CA 94501
RE: Work performed @ Mecartney Road Pedestrian Crossing Imp, Alameda PW#07-24-20 *30 day written Notice of Cancellation, except for non-payment of premium which is 10 days. 82485916 | GOLDE-1 | 24/25 Pollution | MaryAnn Worman | 10/24/2024 12:40:16 PM (PDT) | Page 1 of 3 Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
Endorsement Number: 1
ECC-319-0712
Automatic Additional Insured – Owners, Lessees or Contractors This endorsement, effective attaches to and forms a part of Policy Number .
This endorsement changes the Policy. Please read it carefully.
In consideration of an additional premium of $Applied, this endorsement modifies insurance provided under the following:
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract.
The person or organization shown in this Schedule is included as an insured, but only with respect to that person’s or organization’s vicarious liability arising out of your ongoing operations performed for that insured.
06/03/2024 FEIECC25021 06
Golden Bay Construction, Inc.
82485916 | GOLDE-1 | 24/25 Pollution | MaryAnn Worman | 10/24/2024 12:40:16 PM (PDT) | Page 2 of 3 Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 Endorsement Number: 3
ECC-548-0317
Automatic Primary and Non-Contributory
Insurance Endorsement
Designated Work Or Project(s)
This endorsement, effective attaches to and forms a part of Policy Number .
This endorsement changes the Policy. Please read it carefully.
This endorsement modifies insurance provided under the Coverage Part(s) indicated below:
CONTRACTORS POLLUTION LIABILITY COVERAGE
SCHEDULE
Name of Person or Organization:
Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory status of this insurance.
However, this status exists only for the project specified in that contract.
In consideration of an additional premium of $Applied and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non- contributory to this insurance.
Golden Bay Construction, Inc.
06/03/2024 FEIECC25021 06
82485916 | GOLDE-1 | 24/25 Pollution | MaryAnn Worman | 10/24/2024 12:40:16 PM (PDT) | Page 3 of 3 Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 Report Claims Immediately by Calling*Speak directly with a claim professional24 hours a day, 365 days a year*Unless Your Policy Requires Written Notice or Reporting
EXCESS FOLLOW-FORMAND UMBRELLA LIABILITYINSURANCE POLICY A Custom Insurance Policy Prepared for:
1-877-828-4132
GOLDEN BAY CONSTRUCTION, INC3826 DEPOT RDHAYWARD CA 94545 Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 President Secretary
EU 00 06 08 18
This policy consists of this policy cover, the Policy Declarations and the Policy Forms, and endorsements listed in that declaration form.In return for payment of the premium, we agree with the Named Insured to provide the insurance afforded by this policy. That insurance will be provided by the company indicated as insuring company in the Declarations by the abbreviation of its name.The company listed below (a stock company) has executed this policy, but it is valid only if countersigned on the Declarations by our authorized representative.TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA (TIL) Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 EFFECTIVE DATE:POLICY NUMBER:ISSUE DATE:CUP-5X773439-24-2601/04/202401/01/2024 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERSTHIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTSBY LINE OF BUSINESSFORMS ENDORSEMENTS AND SCHEDULE NUMBERSIL T8 01 01 01UMBRELLA / EXCESSPOLICY DECLARATIONS EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE POLICYEU 00 02 09 20SCHEDULE OF UNDERLYING INSURANCEEU 00 03 08 18EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCEEU 00 01 07 16AMENDMENT OF COVERAGE - DEFINITIONSEU 02 34 07 16AUTO POLLUTION EXCLUSION WITH LIMITED EXCEPTIONS - COVERAGE AEU 03 21 08 18CONSTRUCTION IDENTIFIED HAZARDS EXCLUSIONS - COVERAGE BEU 03 22 08 18FUNGI OR BACTERIA EXCLUSION - COVERAGE BEU 03 35 08 18NON CUMULATION OF OCCURRENCE LIMITEU 03 46 08 18COVERAGE FOR FINANCIAL INTEREST IN FOREIGN INSURED ORGANIZATIONSEU 01 44 07 16CAP LOSSES - CERT ACTS TERRORSM AND EXCLEU 00 07 07 16NUCLEAR ENERGY LIABILITY EXCLUSION (BROAD FORM) - COVERAGES A AND BEU 02 09 08 18DESIGNATED EXPOSURE EXCLUSION - COVERAGE BEU 03 04 08 18AIR LIAB EXCL-SERV FOR HIRE LTD EXCEPTEU 03 12 10 20DISCRIMINATION EXCLUSION - COVERAGE BEU 03 31 08 18LEAD EXCLUSION - COVERAGE BEU 03 44 08 18SILICA OR SILICA-RELATED DUST EXCLUSION - COVERAGE BEU 03 63 08 18INTELLECTUAL PROPERTY EXCLUSION - COVERAGE BEU 04 21 09 21VIOLATION OF BIOMETRIC INFORMATION PRIVACY LAWS EXCLUSION - COVERAGE BEU 04 44 01 23CALIFORNIA CHANGESEU 00 33 11 16INTERLINE ENDORSEMENTSFEDERAL TERRORISM RISK INSURANCE ACT DISCLOSUREIL T3 68 01 21POLICY HOLDER NOTICESIMPORTANT NOTICE - LEAD EXCLUSIONPN T1 94 11 21 IL T8 01 01 01PAGE:OF11
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 POLICY DECLARATIONSEXCESS FOLLOW-FORM AND UMBRELLAPOLICY NO.:LIABILITY INSURANCE POLICYISSUE DATE:INSURING COMPANY:1.NAMED INSURED AND MAILING ADDRESS:
2.POLICY PERIOD: From to 12:01 A.M. Standard Time at your mailing address.3.LIMITS OF INSURANCE:
EXCESS FOLLOW-FORM ANDUMBRELLA LIABILITYOccurrence Limit
4.SELF-INSURED RETENTION:any one occurrence or event5.PREMIUM: $Flat ChargeAdjustable (See Premium Schedule)6.TAXES AND SURCHARGES:7.
8. 9.
NAME AND ADDRESS OF AGENT OR BROKER:COUNTERSIGNED BY:
COVERAGESLIMITS OF LIABILITYAGGREGATE LIMITS OF LIABILITYGeneral AggregateProducts-Completed Operations Aggregate CRISIS MANAGEMENT SERVICEEXPENSESall Crisis Management Events Authorized RepresentativeDATE:OFFICE:
One Tower Square, Hartford, Connecticut 06183
On the effective date shown in Item 2., the Excess Follow-Form And Umbrella Liability Insurance Policy numbered above includes this Declarations Page and any forms and endorsements shown on the Listing Of Forms, Endorsements And Schedule Numbers. If the Schedule Of Underlying Insurance includes any coverage provided on a claims-made basis, then the following disclaimer applies. COVERAGE WILL APPLY ON A CLAIMS-MADE BASIS WHENFOLLOWING CLAIMS-MADE UNDERLYING INSURANCE. If the Schedule Of Underlying Insurance includes any coverage which includes defense expenses within the limits of liability, then the following disclaimer applies: DEFENSE EXPENSES ARE PAYABLE WITHIN, AND ARE NOT IN ADDITION TO, THE LIMITS OF INSURANCE WITH RESPECT TO SOME OR ALL OF THE COVERAGES PROVIDED.
CUP-5X773439-24-2601/04/2024TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICAGOLDEN BAY CONSTRUCTION, INC3826 DEPOT RDHAYWARD CA 94545 01/01/2024
$9,000,000$9,000,000$9,000,000$50,000$10,00092,740X
JAMES E MCGOVERN INC - CV3401625 EL CAMINO REALBELMONT CA 94002WALNUT CREEK CA 01/01/2025
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.SCHEDULE OF UNDERLYING INSURANCEThis endorsement modifies insurance provided under the following:EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE UMBRELLAPOLICY NUMBER:ISSUE DATE:CUP-5X773439-24-2601/04/2024 Policy Number
to:From:Policy Period
Carrier Limits Of LiabilityAutomobile LiabilityTRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA810-005X773384-24 Bodily Injury And Property Damage Combined Single Limit 01/01/202401/01/2025
$1,000,000
From:
CarrierPolicy Number
to:Policy Period
Employee Benefits LiabilityLimits Of LiabilityEach EmployeeAggregateTHE TRAVELERS INDEMNITY COMPANY OF CONNECTICUTCO-5X773347-2401/01/202401/01/2025 $1,000,000$2,000,000
From:
CarrierPolicy Number
to:Policy Period
Commercial General LiabilityLimits Of LiabilityTHE TRAVELERS INDEMNITY COMPANY OF CONNECTICUTCO-5X773347-24Personal and Advertising Injury Products-Completed Operations AggregateGeneral Aggregate Each Occurrence01/01/202401/01/2025
$2,000,000$2,000,000$1,000,000$1,000,000
OFFICE:© 2018 The Travelers Indemnity Company. All rights reserved.EU 00 03 08 18 ofPagePRODUCER: 1JAMES E MCGOVERN INC1WALNUT CREEK CA 418 Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
UMBRELLA
EU 00 01 07 16© 2016 The Travelers Indemnity Company. All rights reserved.Page 1 of 22 EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCETHIS POLICY, IN PART, PROVIDES FOLLOW-FORM LIABILITY COVERAGE.COVERAGE WILL APPLY ON A CLAIMS-MADE BASIS WHEN FOLLOWING CLAIMS-MADE UNDERLYING INSURANCE.COVERAGE WILL APPLY ON A DEFENSE-WITHIN-LIMITS BASIS WHEN FOLLOWING UNDERLYING INSURANCE UNDER WHICH DEFENSE EXPENSES ARE PAYABLE WITHIN, AND NOT IN ADDITION TO, THE LIMITS OF INSURANCE. WHEN FOLLOWING SUCH UNDERLYING INSURANCE, PAYMENT OF DEFENSE EXPENSES UNDER THIS POLICY WILL REDUCE, AND MAY EXHAUST, THE LIMITS OF INSURANCE OF THIS POLICY.PLEASE READ THE ENTIRE POLICY CAREFULLY.Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance.The word "insured" means any person or organization qualifying as such under SECTION II – WHO IS AN INSURED.Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI – DEFINITIONS.SECTION I – COVERAGESA.COVERAGE A – EXCESS FOLLOW-FORM LIABILITY1.We will pay on behalf of the insured those sums, in excess of the "applicable underlying limit", that the insured becomes legally obligated to pay as damages to which Coverage A of this insurance applies, provided that the "underlying insurance" would apply to such damages but for the exhaustion of its applicable limits of insurance. If a sublimit is specified in any "underlying insurance", Coverage A of this insurance applies to damages that are in excess of that sublimit only if such sublimit is shown for that "underlying insurance" in the Schedule Of Underlying Insurance. 2.Coverage A of this insurance is subject to the same terms, conditions, agreements, exclusions and definitions as the "underlying insurance", except with respect to any provisions to the contrary contained in this insurance.3.The amount we will pay for damages is limited as described in SECTION III – LIMITS OF INSURANCE.4.For the purposes of Paragraph 1. above:a.The applicable limit of insurance stated for the policies of "underlying insurance" in the Schedule Of Underlying Insurance will be considered to be reduced or exhausted only by the following payments:(1)Payments of judgments or settlements for damages that are covered by that "underlying insurance". However, if such "underlying insurance" has a policy period which differs from the policy period of this Excess Follow-Form And Umbrella Liability Insurance, any such payments for damages that would not be covered by this Excess Follow-Form And Umbrella Liability Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
UMBRELLA
Insurance because of its different policy period will not reduce or exhaust the applicable limit of insurance stated for such "underlying insurance";(2)Payments of "medical expenses" that are covered by that "underlying insurance" and are incurred for "bodily injury" caused by an accident that takes place during the policy period of this Excess Follow-Form And Umbrella Liability Insurance; or(3)Payments of defense expenses that are covered by that "underlying insurance", only if such "underlying insurance" includes such payments within the limits of insurance. However, if such "underlying insurance" has a policy period which differs from the policy period of this Excess Follow-Form And Umbrella Liability Insurance, any such payments for defense expenses that would not be covered by this Excess Follow-Form And Umbrella Liability Insurance because of its different policy period will not reduce or exhaust the applicable limit of insurance stated for such "underlying insurance".If the applicable limit of insurance stated for the policies of "underlying insurance" in the Schedule Of Underlying Insurance is actually reduced or exhausted by other payments, Coverage A of this insurance is not invalidated. However, in the event of a loss, we will pay only to the extent that we would have paid had such limit not been actually reduced or exhausted by such other payments.b.If any "underlying insurance" has a limit of insurance greater than the amount shown for that insurance in the Schedule of Underlying Insurance, this insurance will apply in excess of that greater amount. If any "underlying insurance" has a limit of insurance, prior to any reduction or exhaustion by payment of damages, "medical expenses" or defense expensesdescribed in Paragraph a. above, that is less than the amount shown for that insurance in the Schedule Of Underlying Insurance, this insurance will apply in excess of the amount shown for such insurance in the Schedule Of Underlying Insurance.5.When the "underlying insurance" applies on a claims-made basis and includes a retroactive date provision, the retroactive date for Coverage A of this insurance is the same as the retroactive date of that "underlying insurance".B.COVERAGE B – UMBRELLA LIABILITY1.We will pay on behalf of the insured those sums in excess of the "self-insured retention" that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage", "personal injury" or "advertising injury" to which Coverage B of this insurance applies.2.Coverage B of this insurance applies to "bodily injury" or "property damage" only if:a.The "bodily injury" or "property damage" is caused by an "occurrence" that takes place anywhere in the world;b.The "bodily injury" or "property damage" occurs during the policy period; andc.Prior to the policy period, no insured listed under Paragraph 1. in Paragraph B., COVERAGE B – UMBRELLALIABILITY, of SECTION II – WHO IS AN INSURED and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, in whole or in part, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period.3.Coverage B of this insurance applies to "personal injury" or "advertising injury" caused by an offense arising out of your business, but only if the offense was committed during the policy period anywhere in the world.4.The amount we will pay for damages is limited as described in SECTION III – LIMITS OF INSURANCE.5."Bodily injury" or "property damage":a.Which occurs during the policy period; and b.Which was not prior to, but was during, the policy period known to have occurred by any insured listed under Paragraph 1. in Paragraph B., COVERAGE B – UMBRELLA LIABILITY of SECTION II – WHO IS AN INSURED, or any "employee" authorized by you to give notice of an "occurrence" or claim; Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
UMBRELLA
EU 00 01 07 16© 2016 The Travelers Indemnity Company. All rights reserved.Page 3 of 22 includes any continuation, change or resumption of the "bodily injury" or "property damage" after the end of the policy period.6."Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. in Paragraph B., COVERAGE B – UMBRELLA LIABILITY, of SECTION II – WHO IS AN INSURED or any "employee" authorized by you to give or receive notice of an "occurrence" or claim:a.Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer;b.Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; orc.Becomes aware by any other means that the "bodily injury" or "property damage" has occurred or has begun to occur.7.Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury".8.Coverage B of this insurance does not apply to damages covered by any "underlying insurance" or that would have been covered by any "underlying insurance" but for the exhaustion of its applicable limit of insurance.C.COVERAGE C – CRISIS MANAGEMENT SERVICE EXPENSES1.We will reimburse the insured, or pay on the insured's behalf, "crisis management service expenses" to which Coverage C applies.2.Coverage C of this insurance applies to "crisis management service expenses" that:a.Arise out of a "crisis management event" that first commences during the policy period; b.Are incurred by the insured, after a "crisis management event" first commences and before such event ends; andc.Are submitted to us within 180 days after the "crisis management advisor" advises you that the "crisis management event" no longer exists.3.A "crisis management event" will be deemed to:a.First commence at the time when any "executive officer" first becomes aware of an "event" or "occurrence" that leads to that "crisis management event"; andb.End when we decide that the crisis no longer exists or when the Crisis Management Service Expenses Limit has been exhausted, whichever occurs first.4.The amount we will pay for "crisis management service expenses" is limited as described in SECTION III – LIMITS OF INSURANCE.5.A "self-insured retention" does not apply to "crisis management service expenses".6.Any payment of "crisis management service expenses" that we make will not be determinative of our obligations under this insurance with respect to any claim or "suit" or create any duty to defend or indemnify any insured for any claim or "suit".D.DEFENSE AND SUPPLEMENTARY PAYMENTS1.We will have the right and duty to defend the insured: a.Under Coverage A, against a "suit" seeking damages to which such coverage applies, if:(1)The "applicable underlying limit" is the applicable limit of insurance stated for a policy of "underlying insurance" in the Schedule Of UnderlyingInsurance and such limit has been exhausted solely due to payments as permitted in Paragraphs 4.a.(1), (2) and (3) of COVERAGE A – EXCESS FOLLOW-FORM LIABILITY of SECTION I – COVERAGES; or(2)The "applicable underlying limit" is the applicable limit of any "other insurance" and such limit has been exhausted by payments of judgments, settlements or medical expenses, or related costs or expenses (if such costs or expenses reduce such limits).For any "suit" for which we have the right and duty to defend the insured under Coverage A, defense expenses will be within the limits of insurance of this policy when such expenses are within the limits of insurance of the applicable "underlying insurance"; orb.Under Coverage B, against a "suit" seeking damages to which such coverage applies.2.We have no duty to defend any insured against any "suit":a.Seeking damages to which this insurance does not apply; orb.If any other insurer has a duty to defend.
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
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3.When we have the duty to defend, we may, at our discretion, investigate and settle any claim or "suit". In all other cases, we may, at our discretion, participate in the investigation, defense and settlement of any claim or "suit" for damages to which this insurance may apply. If we exercise such right to participate, all expenses we incur in doing so will not reduce the applicable limits of insurance.4.Our duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements, or defense expenses if such expenses are within the limits of insurance of this policy.5.We will pay, with respect to a claim we investigate or settle, or "suit" against an insured we defend:a.All expenses we incur.b.The cost of:(1)Bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which this insurance applies; or(2)Appeal bonds and bonds to release attachments;but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds.c.All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of such claim or "suit", including actual loss of earnings upto $1,000 a day because of time off from work.d.All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured.e.Prejudgment interest awarded against the insured on that part of the judgment wepay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer.f.All interest that accrues on the full amount of any judgment after entry of the judgment and before we have paid, offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. If we do not pay part of the judgment for any reason other than it is more than the applicable limit of insurance, we will not pay any interest that accrues on that portion of the judgment.
With respect to a claim we investigate or settle, or "suit" against an insured we defend under COVERAGE A – EXCESS FOLLOW-FORM LIABILITY, these payments will not reduce the applicable limits of insurance, but only if the applicable "underlying insurance" provides for such payments in addition to its limits of insurance. With respect to a claim we investigate or settle, or "suit" against an insured we defend under COVERAGE B – UMBRELLA LIABILITY, these payments will not reduce the applicable limits of insurance.SECTION II – WHO IS AN INSUREDA.COVERAGE A – EXCESS FOLLOW-FORM LIABILITYWith respect to Coverage A, the following persons and organizations qualify as insureds:1.The Named Insured shown in the Declarations; and2.Any other person or organization qualifying as an insured in the "underlying insurance". If you have agreed to provide insurance for that person or organization in a written contract or agreement:a.The limits of insurance afforded to such person or organization will be:(1)The amount by which the minimum limits of insurance you agreed to provide such person or organizationin that written contract or agreement exceed the total limits of insurance of all applicable "underlying insurance"; or(2)The limits of insurance of this policy;whichever is less; andb.Coverage under this policy does not apply to such person or organization if the minimum limits of insurance you agreed to provide such person or organization in that written contract or agreement are wholly within the total limits of insurance of all available applicable "underlying insurance".B.COVERAGE B – UMBRELLA LIABILITYWith respect to Coverage B:1.The Named Insured shown in theDeclarations is an insured. 2.If you are:a.An individual, your spouse is also an insured, but only with respect to the conduct of a business of which you are the sole owner.
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
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EU 00 01 07 16© 2016 The Travelers Indemnity Company. All rights reserved.Page 5 of 22 b.A partnership or joint venture, your members, your partners and their spouses are also insureds, but only with respect to the conduct of your business.c.A limited liability company, your members are also insureds, but only with respect to the conduct of your business. Your managers are also insureds, but only with respect to their duties as your managers.d.An organization other than a partnership, joint venture or limited liability company, your "officers" and directors are also insureds, but only with respect to their duties as your "officers" or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders.e.A trust, your trustees are also insureds, but only with respect to their duties as trustees.3.Each of the following is also an insured:a.Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for:(1)"Bodily injury" or "personal injury":(a)To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business;(b)To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above;(c)For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or(b) above; or(d)Arising out of his or her providing or failing to provide professional health care services. Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide first aid or "Good Samaritan services" by any of your "employees" or "volunteer workers" other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. (2)"Property damage" to property:(a)Owned, occupied or used by; or(b)Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by;you, any of your "employees" or "volunteer workers", any of your partners or members (if you are a partnership or joint venture), or any of your members (if you are a limited liability company).b.Any person (other than your "employee" or "volunteer worker"), or any organization, while acting as your real estate manager.c.Any person or organization having proper temporary custody of your property if you die, but only:(1)With respect to liability arising out of the maintenance or use of that property; and(2)Until your legal representative has been appointed.d.Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance.4.Any organization, other than a partnership, joint venture or limited liability company, of which you are the sole owner, or in which you Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
UMBRELLA
maintain an ownership interest of more than 50%, on the first day of the policy period is an insured and will qualify as a Named Insured. No such organization is an insured or will qualify as a Named Insured for "bodily injury" or "property damage" that occurred, or "personal injury" or "advertising injury" caused by an offense committed after the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such organization.5.Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and of which you are the sole owner, or in which you maintain an ownership interest of more than 50%, is an insured and will qualify as a Named Insured if there is no other similar insurance available to that organization. However:a.Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; andb.Coverage for such organization does not apply to:(1)"Bodily injury" or "property damage" that occurred; or(2)"Personal injury" or "advertising injury" arising out of an offense committed;before you acquired or formed the organization.No person or organization is an insured or will qualify as a Named Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership, joint venture or limited liability company that otherwise qualifies as an insured under Paragraph B. of SECTION II – WHO IS AN INSURED.C.COVERAGE C – CRISIS MANAGEMENT SERVICE EXPENSES With respect to Coverage C, the following persons and organizations are insureds and will qualify as Named Insureds: 1.The Named Insured shown in the Declarations.2.Any organization, other than a partnership, joint venture or limited liability company, of which you are the sole owner, or in which you maintain an ownership interest of more than 50%, on the first day of the policy period. No such organization is an insured or will qualify as a Named Insured for "crisis management service expenses" arising out of a "crisis management event" that first commences after the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such organization.3.Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and of which you are the sole owner, or in which you maintain an ownership interest of more than 50%, if there is no other similar insurance available to that organization. However:a.Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; andb.Coverage for such organization does not apply to "crisis management service expenses" arising out of a "crisis management event" that occurred before you acquired or formed the organization, even if an "executive officer" only first becomes aware of an "event" or "occurrence" that leads to such "crisis management event" after the date you acquired or formed the organization.No person or organization is an insured or will qualify as a Named Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations.SECTION III – LIMITS OF INSURANCEA.The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay for the amounts described below to which this insurance applies regardless of the number of:1.Insureds;2.Claims made or "suits" brought;3.Number of vehicles involved;4.Persons or organizations making claims or bringing "suits"; or5.Coverages provided under this insurance.As indicated in Paragraph D.1. of SECTION I – COVERAGES, for any "suit" for which we have the right and duty to defend the insured under Coverage A, defense expenses will be within the limits of insurance of this policy when such expenses are within the limits of insurance of the applicable "underlying insurance".B.The General Aggregate Limit is the most we will pay for the sum of all:1.Damages; and2.Defense expenses if such expenses are within the limits of insurance of this policy;except:
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
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EU 00 01 07 16© 2016 The Travelers Indemnity Company. All rights reserved.Page 7 of 22
1.Damages and defense expenses because of "bodily injury" or "property damage" included in the "auto hazard"; 2.Damages and defense expenses because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; or3.Damages and defense expenses for which insurance is provided under any Aircraft Liability coverage included as "underlying insurance" to which no aggregate limit applies. C.The Products-Completed Operations Aggregate Limit is the most we will pay for the sum of all:1.Damages; and2.Defense expenses if such expenses are within the limits of insurance of this policy;because of "bodily injury" or "property damage" included in the "products-completed operations hazard".D.Subject to Paragraph B. or C. above, whichever applies, the Occurrence Limit is the most we will pay for the sum of all:1.Damages, and defense expenses if such expenses are within the limits of insurance of this policy, under Coverage A arising out of any one "event" to which the "underlying insurance" applies a limit of insurance that is separatefrom any aggregate limit of insurance; and2.Damages under Coverage B because of all "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any one "occurrence".For the purposes of determining the applicable Occurrence Limit, all related acts or omissions committed in the providing or failing to provide first aid or "Good Samaritan services" to any one person will be considered one "occurrence".E.The Crisis Management Service Expenses Limit is the most we will pay for the sum of all "crisis management service expenses" arising out of all "crisis management events". Payment of such "crisis management service expenses" is in addition to, and will not reduce, any other limit of insurance of this policy.F.The limits of insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations. If the policy period is extended after issuance for an additional period of less than 12 months, the additional period will be deemed part of the last preceding period for purposes of determining the limits of insurance.SECTION IV – EXCLUSIONSThis insurance does not apply to:A.With respect to Coverage A and Coverage B:
1.Asbestosa.Damages arising out of the actual or alleged presence or actual, alleged or threatened dispersal of asbestos, asbestos fibers or products containing asbestos, provided that the damages are caused or contributed to by the hazardous properties of asbestos.b.Damages arising out of the actual or alleged presence or actual, alleged or threatened dispersal of any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals and waste, and that are part of any claim or "suit" which also alleges any damages described in Paragraph a. above.c.Any loss, cost or expense arising out of any:(1)Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, asbestos, asbestos fibers or products containing asbestos; or(2)Claim or "suit" by or on behalf of any governmental authority or any other person or organization because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, asbestos, asbestos fibers or products containing asbestos.2.Employment-Related Practices Damages because of injury to:a.A person arising out of any:(1)Refusal to employ that person;(2)Termination of that person's employment; or(3)Employment-related practice, policy, act or omission, such as coercion, demotion, evaluation, reassignment, discipline, failure to promote or advance, harassment, humiliation, discrimination, libel, slander, violation of the person's right of privacy, malicious prosecution or false arrest, detention or imprisonment, applied to or directed at that person, regardless of whether such practice, policy, act or omission occurs, is applied or is Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
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committed before, during or after the time of that person's employment; orb.The spouse, child, parent, brother or sister of that person as a consequence of injury to that person as described in Paragraphs a.(1), (2) or (3) above.This exclusion applies:a.Whether the insured may be liable as an employer or in any other capacity; andb.To any obligation to share damages with or repay someone else who must pay damages because of the injury.3.ERISA, COBRA And Similar LawsAny obligation of the insured under:a.The Employees Retirement Income Security Act Of 1974 (ERISA) or any of its amendments; b.The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) or any of its amendments; or c.Any similar common or statutory law of any jurisdiction.4.Medical Expenses Or PaymentsAny obligation of the insured under any "medical expenses" or medical payments coverage.5.Nuclear MaterialDamages arising out of:a.The actual, alleged or threatened exposure of any person or property to; orb.The "hazardous properties" of;any "nuclear material".As used in this exclusion:a."Hazardous properties" includes radioactive, toxic or explosive properties;b."Nuclear material" means "source material", "special nuclear material" or "by- product material"; andc."Source material", "special nuclear material" and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or any of its amendments. 6.Uninsured or Underinsured Motorists, No-Fault And Similar LawsAny liability imposed on the insured, or the insured's insurer, under any of the following laws:a.Uninsured motorists;b.Underinsured motorists; c.Auto no-fault or other first-party personal injury protection (PIP);d.Supplementary uninsured/underinsured motorists (New York); ore.Medical expense benefits and income loss benefits (Virginia).7.WarDamages arising out of:a.War, including undeclared or civil war; orb.Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; orc.Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these.8.Workers Compensation And Similar LawsAny obligation of the insured under a workers compensation, disability benefits or unemployment compensation law or any similar law.B.With respect to Coverage B:1.Expected Or Intended Bodily Injury Or Property Damage"Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property.2.Contractual Liability"Bodily injury", "property damage", "personal injury" or "advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.3.Liquor Liability"Bodily injury" or "property damage" for which any insured may be liable by reason of:a.Causing or contributing to the intoxication of any person, including causing or contributing to the intoxication of any person because alcoholic beverages were permitted to be brought on your premises for consumption on your premises; Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
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EU 00 01 07 16© 2016 The Travelers Indemnity Company. All rights reserved.Page 9 of 22 b.The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; orc.Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages.4.Employers Liability"Bodily injury" to:a.An "employee" of the insured arising out of and in the course of:(1)Employment by the insured; or(2)Performing duties related to the conduct of the insured's business; orb.The spouse, child, parent, brother or sister of that "employee" as a consequence of "bodily injury" described in Paragraph a.above.This exclusion applies:a.Whether the insured may be liable as an employer or in any other capacity; andb.To any obligation to share damages with or repay someone else who must pay damages because of the "bodily injury".5.Pollutiona."Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants".b.Any loss, cost or expense arising out of any:(1)Request, demand, order or statutory or regulatory requirement that any insured or any other person or organization test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or(2)Claim or "suit" by or on behalf of any governmental authority or any other person or organization because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants".6.Aircraft"Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading".
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft that is owned or operated by or rented or loaned to any insured.7.Auto"Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any "auto". Use includes operation and "loading or unloading".This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any "auto".This exclusion does not apply to "bodily injury" or "property damage" caused by an "occurrence" that takes place outside of the United States of America (including its territories and possessions), Puerto Rico and Canada.8.Watercraft"Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading".This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any watercraft that is owned or operated by or rented or loaned to any insured.This exclusion does not apply to a watercraft:a.While ashore on premises owned by or rented to any insured; orb.That is 50-feet long or less and that:(1)You own; or Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
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(2)You do not own and is not being used to carry any person or property for a charge.9.Electronic DataDamages claimed for the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data".10.Damage To Property, Products Or Work"Property damage" to:a.Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person or organization, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property;b.Premises you sell, give away or abandon if the "property damage" arises out of any part of those premises;c.Property loaned to you;d.Personal property in the care, custody or control of the insured;e.That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the "property damage" arises out of those operations;f.That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it;g."Your product" arising out of "your product" or any part of it; orh."Your work" arising out of "your work" or any part of it and included in the "products-completed operations hazard".11.Damage To Impaired Property Or Property Not Physically Injured"Property damage" to "impaired property", or property that has not been physically injured, arising out of:a.A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; orb.A delay or failure by you, or anyone acting on your behalf, to fulfill the terms of a contract or agreement.This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use.12.Recall Of Products, Work Or Impaired PropertyDamages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of:a."Your product";b."Your work"; orc."Impaired property";if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it.13.Violation Of Consumer Financial Protection Laws"Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any actual or alleged violation of a "consumer financial protection law", or any other "bodily injury", "property damage", "personal injury" or "advertising injury" alleged in any claim or "suit" that also alleges any such violation.14.Unsolicited Communication"Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any actual or alleged violation of any law that restricts or prohibits the sending, transmitting or distributing of "unsolicited communication".15.Access Or Disclosure Of Confidential Or Personal Information"Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information.16.Knowing Violation Of Rights Of Another"Personal injury" or "advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal injury" or "advertising injury".17.Material Published With Knowledge Of Falsity"Personal injury" or "advertising injury" arising out of oral or written publication, including publication by electronic means, of material, if done by or at the direction of the insured with knowledge of its falsity.
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
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EU 00 01 07 16© 2016 The Travelers Indemnity Company. All rights reserved.Page 11 of 22
18.Material Published Or Used Prior To Policy Perioda."Personal injury" or "advertising injury" arising out of oral or written publication, including publication by electronic means, of material whose first publication took place before the beginning of the policy period; orb."Advertising injury" arising out of infringement of copyright, "title" or "slogan" in your "advertisement" whose first infringement in your "advertisement" was committed before the beginning of the policy period.19.Criminal Acts"Personal injury" or "advertising injury" arising out of a criminal act committed by or at the direction of the insured.20.Breach Of Contract"Personal injury" or "advertising injury" arising out of a breach of contract.21.Quality Or Performance Of Goods – Failure To Conform To Statements"Advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement".22.Wrong Description Of Prices"Advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement".23.Intellectual Property"Personal injury" or "advertising injury" arising out of any actual or alleged infringement or violation of any of the following rights or laws, or any other "personal injury" or "advertising injury" alleged in any claim or "suit" that also alleges any such infringement or violation:a.Copyright;b.Patent;c.Trade dress;d.Trade name;e.Trademark;f.Trade secret; org.Other intellectual property rights or laws.This exclusion does not apply to:a."Advertising injury" arising out of any actual or alleged infringement or violation of another's copyright, "title" or "slogan" in your "advertisement"; or b.Any other "personal injury" or "advertising injury" alleged in any claim or "suit" that also alleges any such infringement or violation of another's copyright, "title" or "slogan" in your "advertisement".24.Insureds In Media And Internet Type Business"Personal injury" or "advertising injury" arising out of an offense committed by an insured whose business is:a.Advertising, "broadcasting" or publishing;b.Designing or determining content of web-sites for others; orc.An Internet search, access, content or service provider.This exclusion does not apply to Paragraphs a.(1), (2) and (3) of the definition of "personal injury".For the purposes of this exclusion:a.Creating and producing correspondence written in the conduct of your business, bulletins, financial or annual reports, or newsletters about your goods, products or services will not be considered the business of publishing; andb.The placing of frames, borders or links, or advertising, for you or others anywhere on the Internet will not, by itself, be considered the business of advertising, "broadcasting" or publishing.25.Electronic Chatrooms Or Bulletin Boards"Personal injury" or "advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns or over which the insured exercises control.26.Unauthorized Use Of Another's Name Or Product"Personal injury" or "advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers.C.With respect to Coverage C:Newly Acquired, Controlled Or Formed Entities"Crisis management service expenses" arising out of a "crisis management event" that involves any organization you newly acquire or form and that occurred prior to the date you acquired or formed that organization, even if an "executive officer" only first becomes aware of an "event" or "occurrence" that leads to such "crisis Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
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management event" after the date you acquired or formed such organization.SECTION V – CONDITIONSA.APPEALS1.If the insured or the insured's "underlying insurer" elects not to appeal a judgment which exceeds the "applicable underlying limit" or "self-insured retention", we may do so.2.If we appeal such a judgment, we will pay all costs of the appeal. These payments will not reduce the applicable limits of insurance. In no event will our liability exceed the applicable limit of insurance.B.BANKRUPTCY1.Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this insurance.2.In the event of bankruptcy or insolvency of any "underlying insurer", this insurance will not replace such bankrupt or insolvent "underlying insurer's" policy, and this insurance will apply as if such "underlying insurer" had not become bankrupt or insolvent.C.CANCELLATION1.The first Named Insured shown in the Declarations may cancel this insurance by mailing or delivering to us advance written notice of cancellation.2.We may cancel this insurance by mailing or delivering to such first Named Insured written notice of cancellation at least:a.10 days before the effective date of cancellation if we cancel for nonpayment of premium; orb.60 days before the effective date of cancellation if we cancel for any other reason.3.We will mail or deliver our notice to such first Named Insured's last mailing address known to us.4.Notice of cancellation will state the effective date of cancellation. The policy period will end on that date.5.If this insurance is cancelled, we will send such first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If such first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund.6.If notice is mailed, proof of mailing will be sufficient proof of notice.
D.CHANGESThis policy contains all the agreements between you and us concerning the insurance afforded. No change can be made in the terms of this insurance except with our consent. The terms of this insurance can be amended or waived only by endorsement issued by us and made a part of this policy.E.CURRENCYPayments for damages or expenses described in Paragraph 5. of Paragraph D., DEFENSE AND SUPPLEMENTARY PAYMENTS, of SECTION I – COVERAGES will be in the currency of the United States of America. At our sole option, we may make these payments in a different currency. Any necessary currency conversion for such payments will be calculated based on the rate of exchange published in the Wall Street Journal immediately preceeding the date the payment is processed.F.DUTIES REGARDING AN EVENT, OCCURRENCE, CLAIM OR SUIT1.You must see to it that we are notified as soon as practicable of an "event" or "occurrence" which may result in a claim under this insurance. To the extent possible, notice should include:a.How, when and where the "event" or "occurrence" took place; b.The names and addresses of anypersons or organizations sustaining injury, damage or loss, and the names and addresses of any witnesses; andc.The nature and location of any injury or damage arising out of the "event" or "occurrence".2.If a claim is made or "suit" is brought against any insured which may result in a claim under this insurance, you must see to it that we receive written notice of the claim or "suit" as soon as practicable.3.With respect to Coverage A, the insured must:a.Cooperate with us in the investigation, settlement or defense of any claim or "suit";b.Comply with the terms of the "underlying insurance"; andc.Pursue all rights of contribution or indemnity against any person or organization who may be liable to the insured because of the injury, damage or loss for which insurance is provided under Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
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EU 00 01 07 16© 2016 The Travelers Indemnity Company. All rights reserved.Page 13 of 22 this policy or any policy of "underlying insurance".4.With respect to Coverage B, the insured must:a.Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit";b.Authorize us to obtain necessary records and other information;c.Cooperate with us in the investigation, settlement or defense of any claim or "suit"; andd.Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which Coverage B may apply.5.No insured will, except at that insured's own expense, voluntarily make a payment, assume any obligation, make any admission or incur any expense, other than for first aid for "bodily injury" covered by this insurance, without our consent.6.Knowledge of an "event", "occurrence", claim or "suit" by your agent, servant or "employee" will not constitute knowledge by you, unless your insurance or risk manager, or anyone working in the capacity as your insurance or risk manager, or anyone you designate with the responsibility of reporting an "event", "occurrence", claim or "suit":a.Has received notice of such "event", "occurrence", claim or "suit" from such agent, servant or "employee"; orb.Otherwise has knowledge of such "event", "occurrence", claim or "suit".G.DUTIES REGARDING A CRISIS MANAGEMENT EVENTYou must:1.Notify us within 30 days of a "crisis management event" that may result in "crisis management service expenses".2.Provide written notice of the "crisis management event" as soon as practicable. To the extent possible, notice should include:a.How, when and where that "crisis management event" took place;b.The names and addresses of any persons or organizations sustaining injury, damage or loss, and the named and addresses of any witnesses; c.The nature and location of any injury or damage arising out of that "crisis management event"; andd.The reason that "crisis management event" is likely to involve damages covered by this insurance in excess of the "applicable underlying limit" or "self-insured retention" and involve regional or national media coverage.H.EXAMINATION OF YOUR BOOKS AND RECORDSWe may examine and audit your books and records as they relate to this insurance:1.At any time during the policy period;2.Up to three years after the end of the policy period; and3.Within one year after final settlement of all claims under this insurance.I.EXTENDED REPORTING PERIOD OPTION1.When the "underlying insurance" applies on a claims-made basis, any automatic or basic "extended reporting period" in such "underlying insurance" will apply to this insurance.2.When the "underlying insurance" applies on a claims-made basis and you elect to purchase an optional or supplemental "extended reporting period" in such "underlying insurance," that "extended reporting period" will apply to this insurance only if: a.A written request to purchase an Extended Reporting Period endorsement for this insurance is made by you and received by us within 90 days after the end of the policy period; b.You have paid all premiums due for this policy at the time you make such request;c.You promptly pay the additional premium we charge for the Extended Reporting Period endorsement for this insurance when due. We will determine that additional premium after we have received your request for the Extended Reporting Period endorsement for this insurance. That additional premium is not subject to any limitation stated in the "underlying insurance" on the amount or percentage of additional premium that may be charged for the "extended reporting period" in such "underlying insurance"; and Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
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d.That Extended Reporting Period endorsement is issued by us and made a part of this policy.3.Any Extended Reporting Period endorsement for this insurance will not reinstate or increase the Limits of Insurance or extend the policy period.4.Except with respect to any provisions to the contrary contained in Paragraphs 1., 2. or 3.above, all provisions of any option to purchase an "extended reporting period" granted to you in the "underlying insurance" apply to this insurance.J.INSPECTIONS AND SURVEYS1.We have the right but are not obligated to:a.Make inspections and surveys at any time;b.Give you reports on the conditions we find; andc.Recommend changes.2.Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that conditions:a.Are safe or healthful; orb.Comply with laws, regulations, codes or standards.K.LEGAL ACTION AGAINST US1.No person or organization has a right under this insurance:a.To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; orb.To sue us on this insurance unless all of its terms have been fully complied with.2.A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured. We will not be liable for damages that:a.Are not payable under the terms of this insurance; orb.Are in excess of the applicable limit of insurance.An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative.L.MAINTENANCE OF UNDERLYING INSURANCE1.The insurance afforded by each policy of "underlying insurance" will be maintained for the full policy period of this Excess Follow-Form And Umbrella Liability Insurance. This provision does not apply to the reduction or exhaustion of the aggregate limit or limits of such "underlying insurance" solely by payments as permitted in Paragraphs 4.a.(1),(2) and (3) of COVERAGE A – EXCESS FOLLOW-FORM LIABILITY of SECTION I – COVERAGES. As such policies expire, you will renew them at limits and with coverage at least equal to the expiring limits of insurance. If you fail to comply with the above requirements, Coverage A is not invalidated. However, in the event of a loss, we will pay only to the extent that we would have paid had you complied with the above requirements.2.The first Named Insured shown in the Declarations must give us written notice of any change in the "underlying insurance" as respects:a.Coverage;b.Limits of insurance;c.Termination of any coverage; ord.Exhaustion of aggregate limits.3.If you are unable to recover from any "underlying insurer" because you fail to comply with any term or condition of the "underlying insurance", Coverage A is not invalidated. However, we will pay for any loss only to the extent that we would have paid had you complied with that term or condition in that "underlying insurance".M.OTHER INSURANCEThis insurance is excess over any valid and collectible "other insurance" whether such "other insurance" is stated to be primary, contributing, excess, contingent or otherwise. This provision does not apply to a policy bought specifically to apply as excess of this insurance.However, if you specifically agree in a written contract or agreement that the insurance provided to any person or organization that qualifies as an insured under this insurance must apply on a primary basis, or a primary and non-contributory basis, then insurance provided under Coverage Ais subject to the following provisions:
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
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EU 00 01 07 16© 2016 The Travelers Indemnity Company. All rights reserved.Page 15 of 22
1.This insurance will apply before any "other insurance" that is available to such additional insured which covers that person or organization as a named insured, and we will not share with that "other insurance", provided that the injury or damage for which coverage is sought is caused by an "event" that takes place or is committed subsequent to the signing of that contract or agreement by you.2.This insurance is still excess over any valid and collectible "other insurance", whether primary, excess, contingent or otherwise, which covers that person or organization as an additional insured or as any other insured that does not qualify as a named insured.N.PREMIUM1.The first Named Insured shown in the Declarations is responsible for the payment of all premiums and will be the payee for any return premiums.2.If the premium is a flat charge, it is not subject to adjustment except as provided in Paragraph 4. below.3.If the premium is other than a flat charge, it is an advance premium only. The earnedpremium will be computed at the end of the policy period, or at the end of each year of the policy period if the policy period is two years or longer, at the rate shown in the Declarations, subject to the Minimum Premium.4.Additional premium may become payable when coverage is provided for additional insureds under the provisions of SECTION II – WHO IS AN INSURED.O.PREMIUM AUDITThe premium for this policy is the amount stated in Item 5. of the Declarations. The premium is a flat charge unless it is specified in the Declarations as adjustable.P.PROHIBITED COVERAGE – UNLICENSED INSURANCE1.With respect to loss sustained by any insured in a country or jurisdiction in which we are not licensed to provide this insurance, this insurance does not apply to the extent that insuring such loss would violate the laws or regulations of such country or jurisdiction.2.We do not assume responsibility for:a.The payment of any fine, fee, penalty or other charge that may be imposed on any person or organization in any country or jurisdiction because we are not licensed to provide insurance in such country or jurisdiction; orb.The furnishing of certificates or other evidence of insurance in any country or jurisdiction in which we are not licensed to provide insurance.Q.PROHIBITED COVERAGE – TRADE OR ECONOMIC SANCTIONSWe will provide coverage for any loss, or otherwise will provide any benefit, only to the extent that providing such coverage or benefit does not expose us or any of our affiliated or parent companies to:1.Any trade or economic sanction under any law or regulation of the United States of America; or2.Any other applicable trade or economic sanction, prohibition or restriction.R.REPRESENTATIONSBy accepting this insurance, you agree:1.The statements in the Declarations and any subsequent notice relating to "underlying insurance" are accurate and complete;2.Those statements are based upon representations you made to us; and3.We have issued this insurance in reliance upon your representations.S.SEPARATION OF INSUREDSExcept with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured shown in the Declarations, this insurance applies:1.As if each Named Insured were the only Named Insured; and2.Separately to each insured against whom claim is made or "suit" is brought.T.WAIVER OR TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US1.If the insured has rights to recover all or part of any payment we have made under this insurance, those rights are transferred to us and the insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us, and with respect to Coverage A, the "underlying insurer", enforce them. If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against that person or organization, but only for payments we make because of an "event" that takes place or is committed subsequent to the Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
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execution of that contract or agreement by such insured.2.Reimbursement of any amount recovered will be made in the following order:a.First, to any person or organization (including us or the insured) who has paid any amount in excess of the applicable limit of insurance;b.Next, to us; andc.Then, to any person or organization (including the insured and with respect to Coverage A, the "underlying insurer") that is entitled to claim the remainder, if any.3.Expenses incurred in the process of recovery will be divided among all persons or organizations receiving amounts recovered according to the ratio of their respective recoveries.U.TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS INSURANCE1.Your rights and duties under this insurance may not be transferred without our written consent except in the case of death of an individual Named Insured.2.If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property.V.UNINTENTIONAL OMISSION OR ERRORThe unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations.W.WHEN LOSS IS PAYABLEIf we are liable under this insurance, we will pay for injury, damage or loss after:1.The insured's liability is established by:a.A court decision; orb.A written agreement between the claimant, the insured, any "underlying insurer" and us; and2.The amount of the "applicable underlying limit" or "self-insured retention" is paid by or on behalf of the insured.
SECTION VI – DEFINITIONSA.With respect to all coverages of this insurance:1."Applicable underlying limit" means the sum of:a.The applicable limit of insurance stated for the policies of "underlying insurance" in the Schedule Of Underlying Insurance subject to the provisions in Paragraphs 4.a.(1), (2) and (3) of COVERAGE A – EXCESS FOLLOW-FORM LIABILITY of SECTION I – COVERAGES; andb.The applicable limit of insurance of any "other insurance" that applies.The limits of insurance in any policy of "underlying insurance" will apply even if:a.The "underlying insurer" claims the insured failed to comply with any term or condition of the policy; orb.The "underlying insurer" becomes bankrupt or insolvent.2."Auto hazard" means all "bodily injury" and "property damage" to which liability insurance afforded under an auto policy of "underlying insurance" would apply but for the exhaustion of its applicable limits of insurance.3."Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.4."Event" means an "occurrence", offense, accident, act, error, omission, wrongful act or loss.5."Extended reporting period" means any period of time, starting with the end of the policy period of your claims-made insurance, during which claims or "suits" may be first made, brought or reported for that insurance.6."Medical expenses" means expenses to which any Medical Payments section of any policy of Commercial General Liability "underlying insurance" applies.7."Other insurance" means insurance, or the funding of losses, that is provided by, through or on behalf of:a.Another insurance company;b.Us or any of our affiliated insurance companies;c.Any risk retention group; Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
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EU 00 01 07 16© 2016 The Travelers Indemnity Company. All rights reserved.Page 17 of 22 d.Any self-insurance method or program, in which case the insured will be deemed to be the provider of such insurance; ore.Any similar risk transfer or risk management method."Other insurance" does not include:a.Any "underlying insurance"; orb.Any policy of insurance specifically purchased to be excess of the limits of insurance of this policy shown in the Declarations.8."Products-completed operations hazard":a.Includes all "bodily injury" and "property damage" occurring away from premisesyou own or rent and arising out of "your product" or "your work" except:(1)Products that are still in your physical possession; or(2)Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times:(a)When all the work called for in your contract has been completed;(b)When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or(c)When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project.Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed.b.Does not include "bodily injury" or "property damage" arising out of:(1)The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured;(2)The existence of tools, uninstalled equipment or abandoned or unused materials; or(3)Products or operations for which the classification listed in a policy of Commercial General Liability "underlying insurance" states that products-completed operations are subject to the General Aggregate Limit.9."Suit" means a civil proceeding which alleges damages. "Suit" includes:a.An arbitration proceeding in which damages are claimed and to which the insured must submit or does submit with our consent; orb.Any other alternative dispute resolution proceeding to which the insured submits with our consent.10."Underlying insurance": a.Means the policy or policies of insurance listed in the Schedule Of Underlying Insurance.b.Includes any renewal or replacement of such policies if such renewal or replacement is during the policy period of this Excess Follow-Form And Umbrella Liability Insurance.c.Does not include any part of the policy period of any of the policies described in Paragraphs a. or b. above that began before, or that continues after, the policy period of this Excess Follow-Form And Umbrella Liability Insurance.11."Underlying insurer" means any insurer which provides a policy of insurance listed in the Schedule Of Underlying Insurance.B.With respect to Coverage B and, to the extent that the following terms are not defined in the "underlying insurance", to Coverage A:1."Advertisement" means a notice that is broadcast or published to the general publicor specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition:a.Notices that are published include material placed on the Internet or on similar electronic means of communication; andb.Regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement.2."Advertising injury":
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
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a.Means injury, other than "personal injury", caused by one or more of the following offenses:(1)Oral or written publication, including publication by electronic means, of material in your "advertisement" that slanders or libels a person or organization or disparages a person's or organization's goods, products or services, provided that the claim is made or the "suit" is brought by a person or organization that claims to have been slandered or libeled, or that claims to have had its goods, products or services disparaged;(2)Oral or written publication, including publication by electronic means, of material in your "advertisement" that:(a)Appropriates a person's name, voice, photograph or likeness; or(b)Unreasonably places a person in a false light; or(3)Infringement of copyright, "title" or "slogan" in your "advertisement", provided that the claim is made or the "suit" is brought by a person or organization that claims ownership of such copyright, "title" or "slogan".b.Includes "bodily injury" caused by one or more of the offenses described in Paragraph a. above.3."Auto" means:a.A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; orb.Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged.However, "auto" does not include "mobile equipment".4."Bodily injury" means:a.Physical harm, including sickness or disease, sustained by a person; orb.Mental anguish, injury or illness, or emotional distress, resulting at any time from such physical harm, sickness or disease.5."Broadcasting" means transmitting any audio or visual material for any purpose:a.By radio or television; or b.In, by or with any other electronic means of communication, such as the Internet, if that material is part of:(1)Radio or television programming being transmitted;(2)Other entertainment, educational, instructional, music or news programming being transmitted; or(3)Advertising transmitted with any such programming.6."Consumer financial identity information" means any of the following information for a person that is used or collected for the purpose of serving as a factor in establishing such person's eligibility for personal credit, insurance or employment or for the purpose of conducting a business transaction:a.Part or all of the account number, the expiration date or the balance of any credit, debit, bank or other financial account;b.Information bearing on a person's credit worthiness, credit standing or credit capacity;c.Social security number;d.Driver's license number; ore.Birth date.7."Consumer financial protection law" means:a.The Fair Credit Reporting Act (FCRA) and any of its amendments, including the Fair and Accurate Credit Transactions Act (FACTA);b.California's Song-Beverly Credit Card Act and any of its amendments; orc.Any other law or regulation that restricts or prohibits the collection, dissemination, transmission, distribution or use of "consumer financial identity information".8."Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 9."Good Samaritan services" means any emergency medical services for which no compensation is demanded or received.10."Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because:a.It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
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EU 00 01 07 16© 2016 The Travelers Indemnity Company. All rights reserved.Page 19 of 22 b.You have failed to fulfill the terms of a contract or agreement;if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement.11."Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker".12."Loading or unloading" means the handling of property:a.After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto";b.While it is in or on an aircraft, watercraft or "auto"; orc.While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered;but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto".13."Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment:a.Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads.b.Vehicles maintained for use solely on or next to premises you own or rent.c.Vehicles that travel on crawler treads.d.Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted:(1)Power cranes, shovels, loaders, diggers or drills; or(2)Road construction or resurfacing equipment such as graders, scrapers or rollers.e.Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types:(1)Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or(2)Cherry pickers and similar devices used to raise or lower workers.f.Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo.However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos":(1)Equipment designed primarily for:(a)Snow removal;(b)Road maintenance, but not construction or resurfacing; or(c)Street cleaning;(2)Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and(3)Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment.However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law, or other motor vehicle insurance law, where it is licensed or principally garaged. Such land vehicles are considered "autos".14."Occurrence" means:a.With respect to "bodily injury" or "property damage":(1) An accident, including continuous or repeated exposure to substantially the same general harmful conditions, which results in "bodily injury" or "property damage". All "bodily injury" or "property damage" caused by such exposure to substantially the same general harmful conditions will be deemed to be caused by one "occurrence"; or(2)An act or omission committed in providing or failing to provide first aid or "Good Samaritan services" to a person by any of your "employees" or "volunteer workers" other than an employed or volunteer doctor, unless you are in the business or occupation of providing professional health care services; Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
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b.With respect to "personal injury", anoffense arising out of your business that results in "personal injury". All "personal injury" caused by the same or related injurious material, act or offense will be deemed to be caused by one "occurrence", regardless of the frequency or repetition thereof, the number and kind of mediaused or the number of persons or organizations making claims or bringing "suits"; andc.With respect to "advertising injury", an offense committed in the course of advertising your goods, products and services that results in "advertising injury". All "advertising injury" caused by the same or related injurious material, act or offense will be deemed to be caused by one "occurrence", regardless of the frequency or repetition thereof, the number and kind of media used or the number of persons or organizations making claims or bringing "suits".15."Officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document.16."Personal injury":a.Means injury, other than "advertising injury", caused by one or more of the following offenses:(1)False arrest, detention or imprisonment;(2)Malicious prosecution;(3)The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, provided that the wrongful eviction, wrongful entry or invasion of the right of private occupancy is committed by or on behalf of the owner, landlord or lessor of that room, dwelling or premises;(4)Oral or written publication, including publication by electronic means, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services, provided that the claim is made or the "suit" is brought by a person or organization that claims to have been slandered or libeled, or that claims to have had its goods, products or services disparaged; or (5)Oral or written publication, including publication by electronic means, of material that:(a)Appropriates a person's name, voice, photograph or likeness; or(b)Unreasonably places a person in a false light.b.Includes "bodily injury" caused by one or more of the offenses described in Paragraph a. above.17."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.18."Property damage" means:a.Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it; orb.Loss of use of tangible property that is not physically injured. All such loss of use will be deemed to occur at the time of the "occurrence" that caused it.For the purposes of this insurance, "electronic data" is not tangible property.19."Self-insured retention" is the greater of:a.The amount shown in the Declarations which the insured must first pay under Coverage B for damages because of all "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any one "occurrence"; orb.The applicable limit of insurance of any "other insurance" that applies.20."Slogan":a.Means a phrase that others use for the purpose of attracting attention in their advertising.b.Does not include a phrase used as, or in, the name of:(1)Any person or organization other than you; or(2)Any business, or any of the premises, goods, products, services or work, of any person or organization other than you.
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
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EU 00 01 07 16© 2016 The Travelers Indemnity Company. All rights reserved.Page 21 of 22
21."Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 22."Title" means the name of a literary or artistic work.23."Unsolicited communication" means any communication, in any form, that the recipient of such communication did not specifically request to receive.24."Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed by you.25."Your product":a.Means:(1)Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by:(a)You;(b)Others trading under your name; or(c)A person or organization whose business or assets you have acquired; and(2)Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products.b.Includes:(1)Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and(2)The providing of or failure to provide warnings or instructions.c.Does not include vending machines or other property rented to or located for the use of others but not sold.26."Your work":a.Means:(1)Work or operations performed by you or on your behalf; and(2)Materials, parts or equipment furnished in connection with such work or operations.b.Includes:
(1)Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and(2)The providing of or failure to provide warnings or instructions.C.With respect to Coverage C:1."Crisis management advisor" means any public relations firm or crisis managementfirm approved by us that is hired by you to perform "crisis management services" inconnection with a "crisis management event".2."Crisis management event" means an "event" or "occurrence" that your "executive officer" reasonably determines has resulted, or may result, in:a.Damages covered by this Coverage A or Coverage B that are in excess of the total applicable limits of the "underlying insurance" or "self-insured retention"; andb.Significant adverse regional or national media coverage.3."Crisis management service expenses" means amounts incurred by you, after a "crisis management event" first commences and before such event ends:a.For the reasonable and necessary:(1)Fees and expenses of a "crisis management advisor" in the performance for you of "crisis management services" solely for a "crisis management event"; and(2)Costs for printing, advertising, mailing of materials or travel by your directors, officers, employees or agents or a "crisis management advisor" solely for a "crisis management event"; andb.For the following expenses resulting from such "crisis management event", provided that such expenses have been approved by us:(1)Medical expenses;(2)Funeral expenses;(3)Psychological counseling;(4)Travel expenses;(5)Temporary living expenses;(6)Expenses to secure the scene of a "crisis management event"; or(7)Any other expenses pre-approved by us.
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
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4."Crisis management services" means those services performed by a "crisis management advisor" in advising you or minimizing potential harm to you from a "crisis management event" by maintaining or restoring public confidence in you.5."Executive officer" means your:a.Chief Executive Officer;b.Chief Operating Officer; c.Chief Financial Officer;d.President;e.General Counsel;f.General partner (if you are apartnership); org.Sole proprietor (if you are a sole proprietorship);or any person acting in the same capacity as any individual listed above.
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.AMENDMENT OF COVERAGE – DEFINITIONSThis endorsement modifies insurance provided under the following:EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE
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The following replaces the introduction to Paragraph B. of SECTION VI – DEFINITIONS:With respect to Coverages B and C and, to the extent that the following terms are not defined in the "underlying insurance", to Coverage A:
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.AUTO POLLUTION EXCLUSION WITH LIMITED EXCEPTIONS – COVERAGE AThis endorsement modifies insurance provided under the following:EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE
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EU 03 21 08 18© 2017 The Travelers Indemnity Company. All rights reserved.Page 1 of 2Includes copyrighted material of Insurance Services Office, Inc. with its permission.
PROVISIONS1.The following is added to Paragraph A.,COVERAGE A – EXCESS FOLLOW-FORM LIABILITY, of SECTION I – COVERAGES:For the purposes of Coverages A and C of this insurance, "auto pollution cost or expense" will be deemed to be damages because of "property damage" included in the "auto hazard". However, if any "auto pollution cost or expense" is to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants" in or on any person, such cost or expense will instead be deemed to be damages because of "bodily injury" included in the "auto hazard".2.With respect to COVERAGE A – EXCESS FOLLOW FORM LIABILITY, the following exclusion is added to SECTION IV – EXCLUSIONS:Auto Pollution"Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants":a.That are, or that are contained in any property that is:(1)Being transported or towed by, handled or handled for movement into, onto or from a "covered auto"; (2)Otherwise in the course of transit by a "covered auto" by or on behalf of any "auto insured"; or(3)Being stored, disposed of, treated or processed in or upon a "covered auto";b.Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by any "auto insured" for movement into or onto the "covered auto"; or c.After the "pollutants" or any property in which the "pollutants" are contained are moved from the "covered auto" to the place where they are finally delivered, disposed of or abandoned by any "auto insured".Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the "covered auto" or its parts if the "bodily injury" or "property damage" is included in the "auto hazard".Paragraphs b. and c. above do not apply to accidents that occur away from premises owned by or rented to an "auto insured" with respect to "pollutants" not in or upon a "covered auto" if:a.The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a "covered auto"; andb.The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage.3.The following is added to Paragraph A. of SECTION VI – DEFINITIONS:"Auto insured" means any person or organization that qualifies as an insured for the liability insurance afforded under an auto policy of "underlying insurance" that would apply to the "bodily injury" or "property damage" but for the exhaustion of its applicable limits of insurance. "Auto pollution cost or expense" means any cost or expense arising out of: a.Any request, demand, order or statutory or regulatory requirement that any "auto insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants; or Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
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b.Any claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants"; and to which liability insurance afforded under anauto policy of "underlying insurance" would apply but for the exhaustion of its applicable limits of insurance."Covered auto" means any "auto" to which liability insurance afforded under an auto policy of "underlying insurance" would apply but for the exhaustion of its applicable limits of insurance.
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.CONSTRUCTION IDENTIFIED HAZARDS EXCLUSIONS – COVERAGE BThis endorsement modifies insurance provided under the following:EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE
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EU 03 22 08 18© 2017 The Travelers Indemnity Company. All rights reserved.Page 1 of 2Includes copyrighted material of Insurance Services Office, Inc. with its permission.
PROVISIONS1.The following exclusions are added to Paragraph B. of SECTION IV – EXCLUSIONS:Architectural, Engineering Or Surveying Professional Services"Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of providing or failing to provide any "professional services" by or on behalf of any insured, but only with respect to any of the following operations:a.Providing, or hiring any independent professional to provide, any architectural, engineering or surveying service to others in any insured's capacity as an architect, engineer or surveyor; orb.Providing, or hiring any independent professional to provide, any architectural, engineering or surveying service in connection with construction work anyinsured performs.Construction Management Errors And Omissions"Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of:a.The preparing, approving, or failure to prepare or approve, any map, shop drawing, opinion, report, survey, field order, change order or drawing and specification by any architect, engineer or surveyor performing services on a project on which you serve as construction manager; orb.Inspection, supervision, quality control or engineering services done by or for you on a project on which you serve as construction manager.This exclusion does not apply to "bodily injury" or "property damage" due to construction or demolition work done by you, your "employees" or your subcontractors.
Exterior Insulation And Finish System"Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of:a.The design, manufacture, construction, fabrication, distribution, sale, preparation, installation, application, maintenance or repair, including remodeling, service, correction or replacement, of any "exterior insulation and finish system" (commonly referred to as synthetic stucco or EIFS) or any part thereof, or any substantially similar system or any part thereof, including the application or use of any conditioner, primer, accessory, flashing, coating, caulking or sealant in connection with such a system; orb."Your product" or "your work" with respect to any exterior component, fixture or feature of any structure if an "exterior insulation and finish system", or any substantially similar system, is used on any part of that structure.Residential Construction"Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of "your work" on or for any project that in whole or in part, is or will become any:a.Single-family housing;b.Multi-family housing;c.Residential apartment;d.Residential condominium; ore.Assisted living facility.Claims Or Suits By One Named Insured Against Another Named Insured"Bodily injury", "property damage", "personal injury" or "advertising injury" for which a claim is made or "suit" is brought by any Named Insured against another Named Insured.
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
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Wrap-Up Insurance Program"Bodily injury" or "property damage" arising out of any project that is or was subject to a "wrap-up insurance program".2.The following is added to Paragraph B. of SECTION VI – DEFINITIONS:"Exterior insulation and finish system" means an exterior cladding or finish system used on any part of any structure and consisting of:a.A rigid or semi rigid insulation board made of expanded polystyrene or other materials;b.The adhesive or mechanical fasteners used to attach the insulation board to the substrate;c.A reinforced base coat; andd.A finish coat providing surface texture and color."Professional services":a.Includes:(1)Preparing, approving, or failing to prepare or approve, any map, shop drawing, opinion, report, survey, field order or change order, or preparing, approving, or failing to prepare or approve, any drawing or specification; and(2)Any supervisory or inspection activity performed as part of any related architectural, or engineering or surveying activity.b.Does not include any service within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor."Wrap-up insurance program" means any agreement or arrangement, including any contractor-controlled, owner-controlled or similar insurance program, under which:a.Some or all of the contractors working on a specific project, or specific projects, are required to enroll in a program to obtain insurance that:(1)Includes liability insurance; and(2)Is issued specifically for injury or damage arising out of such project or projects; andb.You are or were enrolled or allowed to enroll.
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.FUNGI OR BACTERIA EXCLUSION – COVERAGE BThis endorsement modifies insurance provided under the following:EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCEPROVISIONS1.The following exclusion is added to Paragraph B.of SECTION IV – EXCLUSIONS:Fungi Or Bacteriaa."Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of or presence of any "fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage; orb."Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of the actual or alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of or presence of any other solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals and waste, and that is part of any claim or "suit" which also alleges any injury or damage described in Paragraph a. of this exclusion. c.Any loss, cost or expense arising out of any:(1)Request, demand, order or statutory or regulatory requirement that any insured or any other person or organization test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "fungi" or bacteria; or(2)Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "fungi" or bacteria.This exclusion does not apply to any "fungi" or bacteria that are, are on, or are contained in, a good or product intended for consumption.2.The following is added to Paragraph B. of SECTION VI – DEFINITIONS:"Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi.
UMBRELLA
EU 03 35 08 18© 2017 The Travelers Indemnity Company. All rights reserved.Page 1 of 1Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
UMBRELLA
© 2017 The Travelers Indemnity Company. All rights reserved.EU 03 46 08 18 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.NON CUMULATION OF OCCURRENCE LIMITThis endorsement modifies insurance provided under the following:EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCEPROVISIONS1.The following is added to Paragraph D. of SECTION III – LIMITS OF INSURANCE:Non cumulation of Occurrence Limit – If the following arise out of any one "event":a.Damages, or defense expenses if such expenses are within the limits of insurance of this policy, to which this Excess Follow-Form And Umbrella Liability Insurance applies; andb.Damages to which Excess Follow-Form And Umbrella Liability Insurance, or any other umbrella or excess liability coverage, included in one or more prior or future policies issued to you by us, or any of our affiliated insurance companies, or defense expenses if such expenses are within the limits of insurance of such policy, applies;this policy's Occurrence Limit applicable to that "event" also will be reduced by the amount of each payment made for the damages and defense expenses described in Paragraph b. above by us or any of our affiliated insurance companies under, and within the applicable limit of insurance of, each such other policy. If a Non cumulation of Personal and Advertising Injury Limit or a Non cumulation of Each Occurrence Limit provision in any such prior policy refers to a COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE policy, this Excess Follow-Form And Umbrella Liability Insurance will be deemed to be a COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE policy for the purposes of each such provision.
2.The following is added to the definition of "other insurance" in Paragraph A. of SECTION VI – DEFINITIONS:"Other insurance" also does not include insurance that is provided by, through or on behalf of us or any of our affiliated insurance companies when the Non cumulation of Occurrence Limit provision of Paragraph D. of SECTION III – LIMITS OF INSURANCE applies.3.The following is added to Paragraph 4. in Paragraph A., COVERAGE A – EXCESS FOLLOW-FORM LIABILITY, of SECTION I – COVERAGES:For the purposes of Paragraph a.(1) above, payments of judgments or settlements for damages that would have been covered by "underlying insurance", but are not only because of an Amendment – Non Cumulation Of Each Occurrence Limit Of Liability and Non Cumulation Of Personal and Advertising Injury Limit endorsement in that "underlying insurance" will be deemed to be payments of judgments or settlements for damages that are covered by that "underlying insurance".For the purposes of Paragraph a.(3) above, payments of defense expenses that would have been covered by that "underlying insurance", but are not only because of an Amendment – Non Cumulation Of Each Occurrence Limit Of Liability and Non Cumulation Of Personal and Advertising Injury Limit endorsement in that "underlying insurance" will be deemed to be payments of defense expenses that are covered by that "underlying insurance".
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 © 2016 The Travelers Indemnity Company. All rights reserved.EU 01 44 07 16 Page 1 of 2 UMBRELLATHIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.COVERAGE FOR FINANCIAL INTEREST IN FOREIGN INSURED ORGANIZATIONSThis endorsement modifies insurance provided under the following:EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCEPROVISIONS 1.The following is added to Paragraph A., COVERAGE A – EXCESS FOLLOW-FORM LIABILITY, and Paragraph B., COVERAGE B – UMBRELLA LIABILITY, of SECTION I – COVERAGES: If a "foreign loss" is incurred by a "foreign insured organization", or by any other insured for whom such "foreign insured organization" is liable, we will reimburse the first Named Insured, or any other Named Insured that is not a "foreign insured organization", for such "foreign loss" because of its "financial interest" in that "foreign insured organization". For purposes of this insurance, amounts we reimburse under: a.Paragraph a. of the definition of "foreign loss" will be deemed to be sums that such Named Insured becomes legally obligated to pay as damages under this policy; and b.Paragraph b. of the definition of "foreign loss" will be deemed to be payments we make under Paragraph 5. of Paragraph D., DEFENSE AND SUPPLEMENTARY PAYMENTS, in SECTION I – COVERAGES.2.The following is added to SECTION V –CONDITIONS: DUTIES IN THE EVENT OF A CLAIM OR SUIT FOR FOREIGN LOSSIf a claim or "suit" for "foreign loss" is made or brought against a "foreign insured organization", or any other insured for whom such "foreign insured organization" is liable, the first Named Insured must: 1.Arrange to investigate and defend such claim or "suit"; 2.Notify us in writing in advance of any proposed settlement of such claim or "suit"; and 3.Comply with all other conditions of this insurance as if such claim or "suit" were made or brought against any insured that is not a "foreign insured organization". 3.The following is added to Paragraph A. of SECTION VI – DEFINITIONS: "Financial interest" means the insurable interest in a "foreign insured organization" because of: a.Sole ownership of, or majority ownership interest in, such "foreign insured organization", either directly or through one or more intervening subsidiaries; b.Indemnification of, or an obligation to indemnify: (1)Such "foreign insured organization"; or (2)Any other insured for whom such "foreign insured organization" is liable; for a "foreign loss"; or c.An obligation to obtain insurance for such "foreign insured organization". "Foreign insured organization" means any organization that: a.Is an insured under SECTION II – WHO IS AN INSURED; and b.Is located in a country or jurisdiction in which we are not licensed to provide this insurance and where providing this insurance would violate the laws or regulations of such country or jurisdiction. "Foreign loss" means: a.Sums, in excess of the "applicable underlying limit" or "self-insured retention", that an insured becomes legally obligated to pay as damages because of loss to which the insurance provided under this policy would have applied; or b.Payments described in Paragraph 5. of Paragraph D., DEFENSE AND SUPPLEMENTARY PAYMENTS in SECTION I – COVERAGES that we would have made with respect to any claim or "suit" against an insured:
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 © 2016 The Travelers Indemnity Company. All rights reserved.Page 2 of 2 EU 01 44 07 16 UMBRELLA(1)That we would have defended, investigated or settled; or (2)For which we would have paid our part of a judgment; but for the fact that such insured is located in any country or jurisdiction in which we are not licensed to provide this insurance and where providing this insurance would violate the laws or regulations of such country or jurisdiction.
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 UMBRELLAPOLICY NUMBER:ISSUE DATE:
Includes copyrighted material of Insurance Services Office, Inc. with its permission.Page 1 of 2EU 00 07 07 16© 2016 The Travelers Indemnity Company. All rights reserved.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATESThis endorsement modifies insurance provided under the following:EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCECERTIFIED ACTS OF TERRORISM SELF-INSURED RETENTION SCHEDULESelf-Insured Retention For Certified Acts Of Terrorism:$ Each OccurrencePROVISIONS 1.The following is added to SECTION I – COVERAGES:If aggregate insured losses attributable to "certified acts of terrorism" exceed $100 billion in a calendar year and we have met our insurer deductible under "TRIA", we will not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case, insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. 2.With respect to COVERAGE B – UMBRELLA LIABILITY for any "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of a "certified act of terrorism": a.The following replaces Paragraph 1. in Paragraph D., DEFENSE AND SUPPLEMENTARY PAYMENTS, of SECTION I – COVERAGES: 1.We will have the right, but not the duty, to defend the insured under COVERAGE B – UMBRELLA LIABILITY against a "suit" seeking damages to which such coverage applies. b.The following replaces the definition of "self-insured retention" in Paragraph B. of SECTION VI – DEFINITIONS:"Self-insured retention" means the Self-Insured Retention For Certified Acts Of Terrorism shown in the Certified Acts Of Terrorism Self-Insured Retention Schedule which the insured must first pay under Coverage B for damages because of all any "bodily injury", "property damage", "personal injury" or "advertising injury" included in any one "occurrence". If no entry appears in the Certified Acts Of Terrorism Self-Insured Retention Schedule, the Self-Insured Retention For Certified Acts Of Terrorism is deemed to be $1,000,000. 3.The following exclusion is added to Paragraph A.of SECTION IV – EXCLUSIONS:Acts Of Terrorism Committed Outside The United States Damages arising out of any "act of terrorism" that is committed outside the United States of America (including its territories and possessions) and Puerto Rico. This exclusion does not apply to damages arising out of any "act of terrorism" that results in loss occurring to: (1)An air carrier (as defined in Section 40102 of title 49, United States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States); or (2)The premises of any United States mission. 4.The following is added to Paragraph A. of SECTION VI – DEFINITIONS:"Act of terrorism" means a violent act or an act that is dangerous to human life, property or infrastructure that is committed by an individualor individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in CUP-5X773439-24-2601/04/2024
10,000
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
UMBRELLA
Includes copyrighted material of Insurance Services Office, Inc. with its permissionEU 00 07 07 16Page 2 of 2© 2016 The Travelers Indemnity Company. All rights reserved. accordance with the provisions of "TRIA", to be an act of terrorism pursuant to "TRIA". The criteria contained in "TRIA" for a "certified act of terrorism" include the following: a.The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to "TRIA"; and b.The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. "TRIA" means the federal Terrorism Risk Insurance Act of 2002 as amended.
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 EU 02 09 08 18 Page 1 of 2© 2017 The Travelers Indemnity Company. All rights reserved.Includes copyrighted material of Insurance Services Office, Inc. with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.NUCLEAR ENERGY LIABILITY EXCLUSION (BROAD FORM) – COVERAGES A AND BThis endorsement modifies insurance provided under the following:EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE
UMBRELLA
PROVISIONS 1.The following replaces Exclusion 5., Nuclear Material, in Paragraph A. of SECTION IV – EXCLUSIONS: Nuclear Energy Liability (Broad Form) a.Under any Liability Coverage, to "bodilyinjury" or "property damage": (1)With respect to which an insured underthe policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2)Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. b.Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. c.Under any Liability Coverage, to "bodilyinjury" or "property damage" resulting from "hazardous properties" of "nuclear material" if: (1)The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, an insured or (b) has been discharged or dispersed therefrom; (2)The "nuclear material" is contained in"spent fuel" or "waste" at any timepossessed, handled, used, processed,stored, transported or disposed of, by oron behalf of an insured; or(3)The "bodily injury" or "property damage"arises out of the furnishing by an insured of services, materials, parts or equipmentin connection with the planning,construction, maintenance, operation oruse of any "nuclear facility", but if suchfacility is located within the United Statesof America, its territories or possessionsor Canada, this exclusion (3) applies onlyto "property damage" to such "nuclearfacility" and any property thereat. 2.The following is added to Paragraph A. ofSECTION VI – DEFINITIONS: "Hazardous properties" includes radioactive, toxicor explosive properties. "Nuclear material" means "source material","special nuclear material" or "by-product material"."Source material", "special nuclear material", and"by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in anylaw amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing"by-product material" other than the tailings orwastes produced by the extraction or concentration of uranium or thorium from any ore processedprimarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility".
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 EU 02 09 08 18Page 2 of 2© 2017 The Travelers Indemnity Company. All rights reserved.Includes copyrighted material of Insurance Services Office, Inc. with its permission.
UMBRELLA
"Nuclear facility" means: a.Any "nuclear reactor"; b.Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packaging "waste"; c.Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the insuredat the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; or d.Any structure, basin, excavation, premises orplace prepared or used for the storage ordisposal of "waste". and includes the site on which any of the foregoingis located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designedor used to sustain nuclear fission in a self-supporting chain reaction or to contain a criticalmass of fissionable material. "Property damage" includes all forms of radioactive contamination of property.
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 UMBRELLAPOLICY NUMBER:ISSUE DATE:THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.DESIGNATED EXPOSURE EXCLUSION – COVERAGE BThis endorsement modifies insurance provided under the following:EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCESCHEDULE OF DESIGNATED EXPOSURE – COVERAGE BDesignated Exposure:
"YOUR WORK" ON OR FOR ANY PROJECT THAT, IN WHOLE OR IN PART, IS OR WILL BECOME ANY SINGLE OR MULTI-FAMILY HOUSING, ANY RESIDENTIAL CONDOMINIUM, ANY RESIDENTIAL APARTMENT OR ANY ASSISTED LIVING FACILITY.
PROVISIONSThe following exclusion is added to Paragraph B. of SECTION IV – EXCLUSIONS:Designated Exposure"Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any exposure shown in the Schedule Of Designated Exposure – Coverage B, including "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of:
a.Ownership, maintenance or use of any premises in connection with any such exposure; orb.Any supervision, instructions, recommendations or advice given or which should have been given in connection with such exposure;c."Your products" manufactured or distributed in connection with any such exposure; ord."Your work" performed anywhere related to any such exposure.
CUP-5X773439-24-2601/04/2024
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 UMBRELLAPOLICY NUMBER:ISSUE DATE:THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.DESIGNATED EXPOSURE EXCLUSION – COVERAGE BThis endorsement modifies insurance provided under the following:EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCESCHEDULE OF DESIGNATED EXPOSURE – COVERAGE BDesignated Exposure:
"YOUR WORK" ON OR FOR ANY PROJECT LOCATED IN THE STATE OF NEVADA.
PROVISIONSThe following exclusion is added to Paragraph B. of SECTION IV – EXCLUSIONS:Designated Exposure"Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any exposure shown in the Schedule Of Designated Exposure – Coverage B, including "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of:
a.Ownership, maintenance or use of any premises in connection with any such exposure; orb.Any supervision, instructions, recommendations or advice given or which should have been given in connection with such exposure;c."Your products" manufactured or distributed in connection with any such exposure; ord."Your work" performed anywhere related to any such exposure.
CUP-5X773439-24-2601/04/2024
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 UMBRELLAPOLICY NUMBER:ISSUE DATE:THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.DESIGNATED EXPOSURE EXCLUSION – COVERAGE BThis endorsement modifies insurance provided under the following:EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCESCHEDULE OF DESIGNATED EXPOSURE – COVERAGE BDesignated Exposure:
"YOUR WORK" ON OR FOR ANY PROJECT THAT, IN WHOLE OR IN PART, IS OR WILL BECOME ANY SINGLE OR MULTI-FAMILY HOUSING, ANY RESIDENTIAL CONDOMINIUM, ANY RESIDENTIAL APARTMENT OR ANY ASSISTED LIVING FACILITY.
PROVISIONSThe following exclusion is added to Paragraph B. of SECTION IV – EXCLUSIONS:Designated Exposure"Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any exposure shown in the Schedule Of Designated Exposure – Coverage B, including "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of:
a.Ownership, maintenance or use of any premises in connection with any such exposure; orb.Any supervision, instructions, recommendations or advice given or which should have been given in connection with such exposure;c."Your products" manufactured or distributed in connection with any such exposure; ord."Your work" performed anywhere related to any such exposure.
CUP-5X773439-24-2601/04/2024
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 UMBRELLAPOLICY NUMBER:ISSUE DATE:THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.DESIGNATED EXPOSURE EXCLUSION – COVERAGE BThis endorsement modifies insurance provided under the following:EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCESCHEDULE OF DESIGNATED EXPOSURE – COVERAGE BDesignated Exposure:
"YOUR WORK" ON OR FOR ANY PROJECT LOCATED IN THE STATE OF NEVADA.
PROVISIONSThe following exclusion is added to Paragraph B. of SECTION IV – EXCLUSIONS:Designated Exposure"Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any exposure shown in the Schedule Of Designated Exposure – Coverage B, including "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of:
a.Ownership, maintenance or use of any premises in connection with any such exposure; orb.Any supervision, instructions, recommendations or advice given or which should have been given in connection with such exposure;c."Your products" manufactured or distributed in connection with any such exposure; ord."Your work" performed anywhere related to any such exposure.
CUP-5X773439-24-2601/04/2024
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.AIRCRAFT LIABILITY EXCLUSION INCLUDING SERVICE FOR HIRE WITH LIMITED EXCEPTION FOR UNMANNED AIRCRAFT – COVERAGES A AND BThis endorsement modifies insurance provided under the following:EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE
UMBRELLA
EU 03 12 10 20© 2020 The Travelers Indemnity Company. All rights reserved.Page 1 of 1 PROVISIONS1.The following exclusion is added to Paragraph A.of SECTION IV – EXCLUSIONS:AircraftDamages arising out of the ownership, maintenance, use or entrustment to others of any aircraft. Use includes operation and "loading or unloading".This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "event" which caused the damages involved the ownership, maintenance, use or entrustment to others of any aircraft.
This exclusion does not apply to liability assumed under any contract or agreement.With respect to Coverage A, this exclusion also does not apply to any "unmanned aircraft".2.Exclusion 6., Aircraft, in Paragraph B. of SECTION IV – EXCLUSIONS is deleted.3.The following is added to Paragraph A. of SECTION VI – DEFINITIONS:"Unmanned aircraft" means an aircraft that is not designed, manufactured or modified after it is manufactured, to be controlled directly by a person from within or on the aircraft.
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.DISCRIMINATION EXCLUSION – COVERAGE BThis endorsement modifies insurance provided under the following:EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCEThe following exclusion is added to Paragraph B. of SECTION IV – EXCLUSIONS:Discrimination "Bodily injury", "property damage", "personal injury" or"advertising injury" arising out of discrimination based upon a person's sex, sexual orientation, marital status, pregnancy, race, color, creed, religion,national origin, citizenship, veteran status, age, genetic information or physical or mental disability, or any other characteristic, attribute, trait, condition or status that qualifies a person for protection against discrimination under federal, state or local law.
UMBRELLA
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
UMBRELLA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.LEAD EXCLUSION – COVERAGE BThis endorsement modifies insurance provided under the following:EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE © 2017 The Travelers Indemnity Company. All rights reserved.EU 03 44 08 18 Page 1 of 1 PROVISIONS The following exclusion is added to Paragraph B. of SECTION IV – EXCLUSIONS:Lead a."Bodily injury", "property damage", "personalinjury" or "advertising injury" arising out of theactual or alleged presence or actual, alleged or threatened dispersal, release, ingestion,inhalation or absorption of lead, lead compounds or lead which is or was contained or incorporated into any material or substance.b."Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of the actual or alleged presence or actual, alleged or threatened dispersal, release, ingestion,inhalation or absorption of any other solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapors, soot, fumes, acids,alkalis, chemicals and waste, and that is part ofany claim or "suit" which also alleges any injury or damage described in Paragraph a. of this exclusion.c.Any loss, cost or expense arising out of any:(1)Request, demand, order or statutory or regulatory requirement that any insured orany other person or organization test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respondto, or assess the effects of, lead, lead compounds or lead which is or wascontained or incorporated into any materialor substance; or (2)Claim or suit by or for any governmental authority or any other person or organization arising out of the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing or in any way responding to, or assessing the effects of, lead, lead compounds or lead which is orwas contained or incorporated into anymaterial or substance.
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 EU 03 63 08 18 Page 1 of 1Includes copyrighted material of Insurance Services Office, Inc. with its permission.© 2017 The Travelers Indemnity Company. All rights reserved.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.SILICA OR SILICA-RELATED DUST EXCLUSION – COVERAGE BThis endorsement modifies insurance provided under the following:EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCEPROVISIONS1.The following exclusion is added to Paragraph B.of SECTION IV – EXCLUSIONS:Silica or Silica-Related Dusta."Bodily injury", "property damage", "personal injury" or "advertising injury" arising out ofthe actual, alleged or threatened discharge, dispersal, emission, release, escape,handling, contact with, exposure to orinhalation or respiration of "silica" or "silica-related dust".b."Bodily injury", "property damage", "personal injury" or "advertising injury" arising out ofthe actual, alleged or threatened discharge, dispersal, emission, release, escape, handling, contact with, exposure to or inhalation or respiration of any other solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals and waste, and that is part of any claim or "suit" which also alleges any injury or damage described in Paragraph a. of this exclusion.c.Any loss, cost or expense arising out of any:
(1)Request, demand, order or statutory or regulatory requirement that any insured or any other person or organization test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "silica" or "silica-related dust"; or(2)Claim or suit by or on behalf of any governmental authority or any other person or organization because oftesting for, monitoring, cleaning up, removing, containing, treating,detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "silica" or "silica-related dust".2.The following is added to Paragraph B. of SECTION VI – DEFINITIONS:"Silica" means silica dioxide (occurring in crystalline, amorphous and impure forms), silica particles, silica dust or silica compounds."Silica-related dust" means a mixture or combination of "silica" and other dust orparticles.
UMBRELLA
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.INTELLECTUAL PROPERTY EXCLUSION – COVERAGE BThis endorsement modifies insurance provided under the following:EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE
UMBRELLA
EU 04 21 09 21© 2021 The Travelers Indemnity Company. All rights reserved.Page 1 of 1 The following replaces Exclusion 23., Intellectual Property, in Paragraph B. of SECTION IV – EXCLUSIONS: 23.Intellectual Property "Personal injury" or "advertising injury" arising out of any actual or alleged infringement or violationof any of the following rights or laws, or any other "personal injury" or "advertising injury" alleged in any claim or “suit” that also alleges any such infringement or violation: a.Copyright; b.Patent; c.Trade dress; d.Trade name; e.Trademark; f.Trade secret; or g.Other intellectual property rights or laws. This exclusion applies regardless of whether the allegation of infringement or violation of any of these rights or laws is made by any person or organization making the claim or bringing the “suit”, by any insured or by any other party to the claim or “suit”. This exclusion does not apply to: a."Advertising injury" arising out of any actual or alleged infringement or violation of another's copyright, "title" or "slogan" in your "advertisement"; or b.Any other "personal injury" or "advertising injury" alleged in any claim or "suit" that also alleges any such infringement or violation of another's copyright, "title" or "slogan" in your "advertisement".
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.VIOLATION OF BIOMETRIC INFORMATION PRIVACY LAWS EXCLUSION – COVERAGE BThis endorsement modifies insurance provided under the following:EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE
UMBRELLA
EU 04 44 01 23© 2022 The Travelers Indemnity Company. All rights reserved.Page 1 of 1 PROVISIONS 1.The following exclusion is added to Paragraph B.of SECTION IV – EXCLUSIONS: Violation Of Biometric Information Privacy Laws "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any actual or alleged violation of a "biometric information privacy law", or any other "bodily injury", "property damage", "personal injury" or "advertising injury" alleged in any claim or "suit" that also alleges any such violation.2.The following is added to Paragraph B. of SECTION VI – DEFINTIONS: "Biometric information":
a.Means information about a person's physical, biological or behavioral characteristics that can be used to identify such person.b.Includes a person's retina or iris scan, fingerprint, voiceprint, scan of hand or face or other body geometry, DNA, vein pattern, keystroke pattern or rhythm, gait pattern or rhythm, or sleep, health or exercise data that contain identifying information."Biometric information privacy law" means the parts of any law, ordinance, regulation or governmental rule that govern or relate to the collection, storage, disclosure, retention, destruction, protection, use, sale, lease or trade of "biometric information".
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
UMBRELLA
Includes copyrighted material of Insurance Services Office, Inc. with its permissionPage 1 of 2EU 00 33 11 16 © 2016 The Travelers Indemnity Company. All rights reserved.
PROVISIONS 1.The following replaces Paragraphs 2. and 3. in Paragraph C., CANCELLATION, of SECTION V – CONDITIONS: 2.All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this insurance by mailing or delivering to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: a.10 days before the effective date of cancellation if we cancel for: (1)Nonpayment of premium; or (2)Discovery of fraud by: (a)Any insured or his or her representative in obtaining this insurance; or (b)You or your representative in pursuing a claim under this policy; or b.30 days before the effective date of cancellation if we cancel for any other reason. 3.All Policies In Effect For More Than 60 Days a.If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this insurance only upon the occurrence, after the effective date of the policy, of one or more of the following: (1)Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2)Discovery of fraud or material misrepresentation by:
(a)Any insured or his or her representative in obtaining this insurance; or(b)You or your representative in pursuing a claim under this policy. (3)A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. (4)Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against. (5)Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (6)A determination by the Commissioner of Insurance that the: (a)Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (b)Continuation of the policy coverage would: (i)Place us in violation of California law or the laws of the state where we are domiciled; or (ii)Threaten our solvency.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES This endorsement modifies insurance provided under the following: EXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
UMBRELLA
Includes copyrighted material of Insurance Services Office, Inc. with its permission© 2016 The Travelers Indemnity Company. All rights reserved.EU 00 33 11 16Page 2 of 2 a.If the transfer or renewal of a policy, without any changes in terms, conditions or rates, is between us and a member of our insurance group. b.If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph B.1. c.If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d.If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e.If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f.If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph B.1., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. (7)A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy.(8)A material change in limits, type or scope of coverage, or exclusions in one or more of the underlying policies.(9)Cancellation or nonrenewal of one or more of the underlying policies where such policies are not replaced without lapse. (10)A reduction in financial rating or grade of one or more insurers, insuring one or more underlying policies based on an evaluation obtained from a recognized financial rating organization. b.We will mail or deliver advance notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least: (1)10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud; or(2)30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph aabove.2.The following is added to SECTION V – CONDITIONS:WHEN WE DO NOT RENEW 1.If we elect not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date.We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy.2.We are not required to send notice of nonrenewal in the following situations:
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
INTERLINEENDORSEMENTS
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
INTERLINEENDORSEMENTS
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 IL T3 68 01 21© 2020 The Travelers Indemnity Company. All rights reserved.Page 1 of 1Includes copyrighted material of Insurance Services Office, Inc. with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSUREThis endorsement applies to the insurance provided under the following:COMMERCIAL GENERAL LIABILITY COVERAGE PARTCYBERFIRST ESSENTIALS GENERAL PROVISIONS FORMCYBERFIRST GENERAL PROVISIONS FORMEMPLOYEE BENEFITS LIABILITY COVERAGE PARTEMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PARTEMPLOYMENT PRACTICES LIABILITY+ WITH IDENTITY FRAUD EXPENSE REIMBURSEMENTCOVERAGE PARTENVIRONMENTAL HAZARD POLICYEXCESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCEEXCESS (FOLLOWING FORM) LIABILITY INSURANCELAW ENFORCEMENT LIABILITY COVERAGE PARTLIQUOR LIABILITY COVERAGE PARTMANUFACTURERS ERRORS AND OMISSIONS LIABILITY COVERAGE PARTMEDFIRST PRODUCTS/COMPLETED OPERATIONS, ERRORS AND OMISSIONS, ANDINFORMATION SECURITY LIABILITY COVERAGE FORMOWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PARTPUBLIC ENTITY MANAGEMENT LIABILITY COVERAGE PARTRAILROAD PROTECTIVE LIABILITY COVERAGE PARTSPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY – NEW YORK DEPARTMENT OFTRANSPORTATIONTRIBAL BUSINESS MANAGEMENT LIABILITY COVERAGE PARTAny other Commercial Liability coverage included in this policy that is subject to the federal TerrorismRisk Insurance Act of 2002 as amendedPROVISIONSThe federal Terrorism Risk Insurance Act of 2002 as amended ("TRIA") establishes a program under which the Federal Government may partially reimburse "Insured Losses" (as defined in TRIA) caused by "Acts Of Terrorism" (as defined in TRIA). Act Of Terrorism is defined in Section 102(1) of TRIA to mean any act that is certified by the Secretary of the Treasury – in consultation with the Secretary of Homeland Security and the Attorney General of the United States – to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States Mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.The Federal Government's share of compensation for such Insured Losses is 80% of the amount of such Insured Losses in excess of each Insurer's "Insurer Deductible" (as defined in TRIA), subject to the "Program Trigger" (as defined in TRIA). In no event, however, will the Federal Government be required to pay any portion of the amount of such Insured Losses occurring in a calendar year that in the aggregate exceeds $100 billion, nor will any Insurer be required to pay any portion of such amount provided that such Insurer has met its Insurer Deductible. Therefore, if such Insured Losses occurring in a calendar year exceed $100 billion in the aggregate, the amount of any payments by the Federal Government and any coverage provided by this policy for losses caused by Acts Of Terrorism may be reduced.For each coverage provided by this policy that applies to such Insured Losses, the charge for such Insured Losses is included in the premium for such coverage. The charge for such Insured Losses that has been included for each such coverage is the percentage of the premium for such coverage indicated below, and does not include any charge for the portion of such Insured Losses covered by the Federal Government under TRIA:1%.
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
POLICYHOLDER NOTICES
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245
POLICYHOLDER NOTICES
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 IMPORTANT NOTICE – LEAD EXCLUSION
PN T1 94 11 21© 2021 The Travelers Indemnity Company. All rights reserved.Page 1 of 1 NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMATION ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE, THE PROVISIONS OF YOUR POLICY PREVAIL. Your policy contains a Lead exclusion.
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 IMPORTANT NOTICE – INDEPENDENT AGENT AND BROKERCOMPENSATION NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMATION ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE, THE PROVISIONS OF YOUR POLICY PREVAIL. For information about how Travelers compensates independent agents and brokers, please visit www.travelers.com, call our toll-free telephone number 1-866-904-8348, or request a written copy from Marketing at One Tower Square, 2GSA, Hartford, CT 06183.
PN T4 54 01 08 Page 1 of 1
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245 LOAN #
AUTHORIZED REPRESENTATIVE
NAME AND ADDRESS
ADDITIONAL INTEREST
LOSS PAYEE
ADDITIONAL INSUREDMORTGAGEE
REMARKS (Including Special Conditions)
EVIDENCE OF PROPERTY INSURANCE
DATE (MM/DD/YYYY)
COMPANY
THIS REPLACES PRIOR EVIDENCE DATED:
EFFECTIVE DATE EXPIRATION DATE
CONTINUED UNTIL
TERMINATED IF CHECKED
POLICY NUMBERLOAN NUMBERINSURED
CODE: SUB CODE:
AGENCY
CUSTOMER ID #:
THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST.
AGENCY
ADDRESS:
E-MAILFAX
(A/C, No):
(A/C, No, Ext):
PHONE
DEDUCTIBLEAMOUNT OF INSURANCECOVERAGE / PERILS / FORMS
COVERAGE INFORMATION
LOCATION/DESCRIPTION
PROPERTY INFORMATION
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
EVIDENCE OF PROPERTY INSURANCE 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.
The ACORD name and logo are registered marks of ACORD
ACORD 27 (2009/12) © 1993-2009 ACORD CORPORATION. All rights reserved.
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
10/30/2024
US ASSURE INSURANCE SERVICES OF FLORIDA, INC. D/B/A INLINK
INSURANCE SERVICES
P.O. BOX 10197
JACKSONVILLE, FL 32247-0197
American Zurich Insurance Company
[email protected]
A0026450
Golden Bay Construction Co., Inc.
3826 Depot Road
Hayward, CA 94545
ER78107606
12/01/2024 12/01/2025
1 Mecartney Road; Baywalk Rd, Ironwood Rd
Alameda, CA 94501
Builders Risk Coverage Form
Total Completed Project Value
$1,000
$268,100
City of Alameda
950 W. Mall Sq Ste 110
Alameda, CA 94501
✘
Docusign Envelope ID: C5A68D28-8B66-4CD1-AC7F-EBCEFDB5C245