DocuSign Envelope ID: EAB0B438-557A-410C-8304-DD00AC33610E
CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Finance Project Manager: Delmy Cellar
Project Manager E-mail: Project Manager Phone No
[email protected] (510) 620-6790
P.R. No: Vendor No: 15086 P.O./Contract No: 5830
Description of Services:
On-call municipal advisor consulting services.
Amendment No. 1 _ modifies the: (2™* or subsequent amendments attach Amendment History page) Term, Payment Limit and Service Plan Payment Limit and Service Plan Term and Service Plan Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:
Company Name: NHA Advisors, LLC
Street Address: 440 Civic Center Drive, Suite 200
City, State, Zip Code: San Rafael, CA 94903
Contact Person: Mark Northcross
Telephone: (415) 785-2025 Email: [email protected]
Business License No: 4006-1768 / Expiration Date: December 31, 2022 A California corporation, limited liability corporation general partnership. limited partnership, individual. non-profit corporation, individual dba as [specify:]
other [specify:]
2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on October 5, 2021 , which original term commenced on October 6, 2021 and terminates October 6, 2024 with an original contract payment limit of S100,000.00 • Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
DocuSign Envelope ID: EAB0B438-557A-410C-8304-DD00AC33610E
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.
5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
Insurance Coverage Updated and Maintained. Pursuant to the Original Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures. These signatures attest the parties' agreement hereto:
CITY OF RICHMOND, CALIFORNIA CONTRACTOR:
a municipal corporation NHA Advisors, LLC
Doculligned by:
Thomas k. Butt (*The Corporation Chairperson of the Board, President or By
Vice-President should-signsandhsyline below.)
Title: MayoryMayor Mark Nortlecross
By
P1I:P212700001E
I hereby certify that the Original Contract Title: Principal and this Amendment have been approved
by the City Council or executed by the City
('The Corporation Chief Financial Officer, Secretary or Manager. Assistant Secretary should sign on the line below.) Dacufigned by
Pamela Clinistian
By By:
City Clerk
Title:
(NOTE: Pursuant to California Corporations
Approved as to form: Code Section 313, if Contractor is a DocuSigned by: corporation or nonprofit organization, this Contract (1) should be signed by the
By. Chairperson of the Board, President or
City Attorney ACTACUME Vice-President and the Chief Financial Officer, Secretary or Assistant Secretary: (2)
List of Attachments: should have both signatures conform to
1. Amendment Provisions designated representative groups pursuant
2. Updated Insurance Certificates to Corporations Code Section 313.
Contract Amendment/EJ/TE 09-26-07
DocuSign Envelope ID: EAB0843B-557A-410C-8304-DD00AC33610E Contract Amendment between the City of Richmond and
NHA Advisors, LLC
Amendment No. P.O./Contract No.
5830
AMENDMENT PROVISIONS (PAYMENT LIMIT AND SERVICE PLAN)
Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ 100,000.00 - Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract Amendment shall not exceed $ 200,000.00 including expenses." "The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.* The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
N/A
Contract Amendment/EJ/TE 9-26-07
DocuSign Envelope ID: EAB0B438-557A-410C-8304-DD00AC33610E Contract Amendment between the City of Richmond and
NHA Advisors, LLC
Amendment No. P.O./Contract No.
5830
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):
Increased contract payment limit by S for a payment limit not to exceed $ 100,000.00
Term Amendment (insert new termination date):
Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on. for one or more of the following provisions (check those that apply):
Increased contract payment limit by S for a payment limit not to exceed $ 100,000.00
Term Amendment (insert new termination date):
Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):
Increased contract payment limit by S _for a payment limit not to exceed $ 100,000.00
Term Amendment (insert new termination date):
Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by S for a payment limit not to exceed $ 100,000.00
Term Amendment (insert new termination date):
Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):
Increased contract payment limit by S _for a payment limit not to exceed $ 100,000.00
Term Amendment (insert new termination date):
Service Plan
DocuSign Envelope ID: EAB0B438-557A-410C-8304-DD00AC33610E Exhibit F
_ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a walver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers' Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance - the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG D001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2: Insurance Services Office Automobile Liability coverage (I5O Form CA 0001, Code 1, Any Auto].
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers' Compensation Insurance as required by the State of California including Employer's Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers' Compensation Insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR's profession (if required.)
Required Coverage Minimum Limits
Workers' Compensation and Statutory limits as required by the State of California including $1 million Employers' Liability Employers' Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR Is self-insured, provide a certificate of Permission to Seif- Insure, signed by the California Department of Industrial Relations and Self- If contractor is a sole proprietor (has no employees) than Instrator must signa totator rease or as no run at
http://www.cl.richmond.ca.us/index.aspx?nid=61
General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general (primary and excess limits aggregate shall apply separately to this project, service or location or the combined) minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional Insured per the conditions detailed below
Type 2 - Page 1 of 3
Revised: September 2011
DocuSign Envelope ID: EAB0843B-557A-410C-8304-DD00AC33610E Exhibit F
_ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Professional Liability or Errors & PROJECT COST REQUIRED LIMIT Omissions Liability - .St. million. p/o.
s1 million - 55 millior $2 million p/o
Required for all professionals
including architects, engineers, Over $5 million $5 million p/o consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily njury, deaths and property damage or destruction arising in any respec directly or indirectly in the performance of this contract ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory he contractor's insurance coverage must be primary coverage as it pertain o the City, its officers, officials, employees, agents and volunteers. An ine rasure neel the cantre or and ed by way cele the start from its responsibility to provide insurance
Waiver of Subrogation
Endorsement Form
SAMPLE Endorsements can be found a
tttp://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured Any deductible or self-insured retention must be declared to and approved Retentions by the City. At the option of the City either the Insurer shail reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss
A. M. Best Rating A:VIl or Better. If the A.M. Best Rating falls below the required rating.
CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specifier for underlying coverage's and cover those insured in the underlying policies Type 2 - Page 2 of 3
Revised: September 2011
DocuSign Envelope ID: EAB0B438-557A-410C-8304-DD00AC33610E _Exhibit F
_ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence years after completion of contract work.
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that Insurance is obtained by CONTRACTOR, and/or CONTRACTOR's subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until Insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City's insurance requirements, the City may take such action as it deems necessary to protect the City's interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required Insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
ONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed exce ter thirty (30) days' prior written notice has been given to the Cit Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
he insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceabl nly to the minimum extent necessary so that the remaining terms and provisions herein may be consistent wit public policy and thus enforceable.
Type 2 - Page 3 of 3
Revised: September 2011
DocuSign Envelope ID: EAB0B438-557A-410C-8304-DD00AC33610E
DATE IMMIDC/YYYYI
ACORD CERTIFICATE OF LIABILITY INSURANCE
03/04/2022
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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policylies) must be endorsed. If SUBROGATION I5 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements).
PHODUCER DONTACT
NAME KTL Business Insurance Services, Inc.
KEVIN LEVINE FHONE FAX
JAS. NIEL (858) 350-0555 (858) 350-0556
KTL BUSINESS INSURANCE SERVICES, INC.
EMAIL
ADDRESS [email protected]
322 8TH STREET SUITE # 101
INSURERS) AFFORDING COVERAGE NAIC #
DEL MAR CA 92014
Agency Lice CA # 0D88801 INELMEN A Valley Forge Insurance Company 20508 INSURER & Hartford Property & Casualty 34690
NHA ADVISORS, LLC
4040 CIVIC CENTER DR STE 200 INSURER C: Underwriters at Lloyd's, London SAN RAFAEL CA 94903 INSURER C
INSURER E
INSUREREF
CERTIFICATE NUMBER: 91696 REVISION NUMBER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
TYPE OF INSURANCE LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 2,000,000
OCCUR EURE TO RENTER
CLAIMS-MADE 300,000
MED, EXP (Any one person) 10,000
PERSONAL & ADV INJURY 2,000,000
GENL AGGREGATE LIMIT APPLIER PER: GENERAL AGGREGATE 4,000,000 PRO-
POLICY JECT LOC PROOUCTS - COMPIOP AGG 4,000,000
OTHER:
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(En arrishant)
ANY AUTO BODLY INJURY (Per perion)
ALL OWNED SCHEDULED
AUTOS BODILY INJURY (Per accident)
, AUTOS
HIRED AUTOS NON-OWNED PROPERTY BANALE
AUTOS
UMBRELLA LIkA OCCUR EACH OCCURRENCE 5
EXCESS CLAIMS-MADE AGGREGATE
DED RETENTIONS
WORKERS COMPENSATION 72WECAA9ESI 11/08/21 11/08/22 STATUTE ER
AND EMPLOYERS LIABILITY
YIN
ANY PROPRIETOR PARTNER/EXECUTIVE EL EACH ACCIDENT 1,000,000 NIA E.L DISEASE-EA EMPLOYEE
(Mandatory in 1H) 1,000,000
BESEPTION OF CERATIONS LILA EL DISEASE POLICY LIMIT |E 1,000,000 PROFESSIONAL LIABILITY MPL437400022 02/06/22 02/06/23 AGGREGATE $2,000,000 EACG CLAIM $1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Adritional Remarks Schedule, may be attached if more space it required)
CITY OF RICHMOND, ITS OFFICERS, OFFICIALS, EMPLOYEES OR VOLUNTEERS NAMED AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY AS PER ATTACHED BLANKET ENDORSEMENT AND POLICY FORM. 30-DAY NOTICE OF CANCELLATION GIVEN FOR NON-PAYMENT OF PREMIUM.
CERTIFICATE HOLDER CANCELLATION
City of Richmond SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 450 Civic Center Plaza THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Richmond, CA 94804 ACCORDANCE WITH THE POLICY PROVISIONS.
AITHOMIZED NEPRESENTATIVE
Lein
Attention:
Kevin Levine
ACORD 25(2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID: EAB0B438-557A-410C-8304-DD00AC33610E CNA80103XX
CNA (09-14)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY-
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COMMON POLICY CONDITIONS
The following is added to Paragraph H. Other Insurance and supersedes any provision to the contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any cther insurance available to an additional insured under your policy provided that:
1. The additional insured is a Named Insured under such other insurance; and
2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured All other terms and conditions of the Policy remain unchanged.
CNA80103XX (09-14)
Copyright. CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc, with is permiesion DocuSign Envelope ID: EAB0843B-557A-410C-8304-DD00AC33610E SB146932F
CNA (Ed. 6-16)
BLANKET ADDITIONAL INSURED
AND
LIABILITY EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
TABLE OF CONTENTS
L Blanket Additional Insured Provisions
A. Additional Insured - Blanket Vendors
B. Miscellaneous Additional Insureds
C. Additional Provisions Pertinent to Additional Insured Coverage 1 Primary - Noncontributory provision
2. Definition of "written contract."
Il. Liability Extension Coverages
A. Bodily Injury - Expanded Definition
B. Broad Knowledge of Occurrence
C. Estates. Legal Representatives and Spouses
D. Legal Liability - Damage to Premises
E. Personal and Advertising Injury - Discrimination or Humiliation F. Personal and Advertising Injury - Broadened Eviction G. Waiver of Subrogation - Blanket
I BLANKET ADDITIONAL INSURED PROVISIONS
A. ADDITIONAL INSURED - BLANKET VENDORS
Who Is An Insured is amended to include as an additional insured any person or organization (referred to belon as vendor) with whom you agreed under a "written contract" to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions:
1. The insurance afforded the vendor does not apply to:
a. "Bodily injury" or "property damage" for which the vendor 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 vendor would have in the absence of the contract or agreement b. Any express warranty unauthorized by you;
c. Any physical or chemical change in the product made intentionally by the vendor, d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the origina container,
SB146932F (6-16)
Copyright, CNA. All Rights Reserved.
DocuSign Envelope ID: EAB0B438-557A-410C-8304-DD00AC33610E SB146932F
CNA (Ed. 6-16)
e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products:
1. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product:
g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container. part or ingredient of any other thing or substance by or for the vendor, or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(1) The exceptions contained in Subparagraphs d. or 1.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the
2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying of containing such products
3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy.
4. This provision 2, does not apply if "bodily injury" or "property damage" included within the "products- completed operations hazard" is excluded either by the provisions of the Policy or by endorsement.
B. MISCELLANEOUS ADDITIONAL INSUREDS
insured on this policy under a "written contract."
However, subject always to the terms and conditions of this policy. including the limits of insurance, we will not provide the additional insured with:
a. A higher limit of insurance than required by such "written contract; b. Coverage broader than required by such "written contract" and in no event greater than that described by the applicable paragraph a. through k. below; or
c. Coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard." But this paragraph c. does not apply to the extent coverage for such liability is provided by paragraph 3.j. below.
Any coverage granted by this endorsement shall apply only to the extent permitted by law.
3. Only the following persons or organizations can qualify as additional insureds under this endorsement a. Controlling Interest
Any persons or organizations with a controling interest in you but only with respect to their liability arising (1) such person or organization's financial control of you; or (2) Premises such person or organization owns, maintains or controls while you lease or occupy these premises
provided that the coverage granted to such additional insureds does not apply to structural alterations. new construction or demolition operations performed by or for such additional insured.
SB146932F (6-16)
Copyright, CNA All Rights Reserved
DocuSign Envelope ID: EAB0B438-557A-410C-8304-DD00AC33610E SB146932F
CNA (Ed. 6-16)
b. Co-owner of Insured Premises
A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners lability for "bodily injury", "property damage" or "personal and advertising injury" as co-owner of such premises.
c. Grantor of Franchise
Any person or organization that has granted a franchise to you, but only with respect to such person or organization's liability for "bodily injury". "property damage", or "personal and advertising injury" as grantor of a franchise to you.
d. Lessor of Equipment
Any person or organization from whom you lease equipment, but only with respect to liability for "bodily maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury takes place prior to the termination of such lease.
e. Lessor of Land
Any person or organization from whom you lease land, but only with respect to liability for "bodily injury". "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use injury" or "property damage" or the offense giving rise to such "personal and advertising injury", takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured.
f. Lessor of Premises
An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only with respect to liability for "bodily injury".
out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury", takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. g. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or receiver's liability for "bodily injury". "property damage" or "personal and advertising injury" arising out of the ownership, maintenance, or use of a premises by you.
This insurance does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. h. State or Political Subdivisions
A state or goverment agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such government agency or subdivision or political subdivision's liability for "bodily injury". "property damage" or "personal and advertising injury" arising out of (1) The following hazards in connection with premises you own, rent, or control and to which this insurance applies:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs. canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators, or (c) The ownership, maintenance or use of any elevators covered by this insurance; or SB146932F (6-16)
Copyright, CNA All Rights Reserved
DocuSign Envelope ID: EAB0B438-557A-410C-8304-DD00AC33610E SB146932F
CNA (Ed. 6-16)
(2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to:
(a) "Bodily injury". "property damage" or "personal and advertising injury" arising out of operations performed for the state or government agency or subdivision or political subdivision; or (b) "Bodily injury" or "property damage" included within the "products-completed operations hazard." With respect to this provision's requirement that additional insured status must be requested under a "written contract", we will treat as a written contract" any governmental permit that requires you to add the governmental entity as an additional insured
Trade Show Event Lessor
With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom you are required to include as an additional insured, but only with respect to such person or organization's liability for "bodily injury". "property damage", or "personal and advertising injury" cause by:
a. Your acts or omissions; or
b. Acts or omissions of those acting on your behalf;
in the performance of your ongoing operations at the trade show premises during the trade show event.
1. Other Person or Organization
Any person or organization who is not an additional insured under paragraphs a. through i, above. Such additional insured is an insured solely for "bodily injury". "property damage" or "personal and advertising injury" for which such additional insured is liable because of your acts or omissions.
The coverage granted by this paragraph does not apply to any person or organization:
(1) For "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services;
(2) For "bodily injury" or "property damage" included in the "products-completed operations hazard." But this provision (2) does not apply to such "bodily injury" or "property damage" it:
(a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the "written contract"; and (b) The "written contract" requires you to make the person or organization an additional insured for such "bodily injury" or "property damage"; or
(3) Who is afforded additional insured coverage under another endorsement attached to this policy.
C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE With respect only to additional insured coverage provided under paragraphs A. and B. above:
1. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitied Other Insurance.
This insurance is excess of all other insurance available to an additional insured whether primary, excess. contingent or on any other basis. However, if a "written contract requires that this insurance be either primary or primary and noncontributing, then this insurance will be primary and non-contributory relative solely to Insurance on which the additional insured is a named insured.
2. Under Liability and Medical Expense Definitions, the following definition is added "Written contract" means a written contract or agreement that requires you to make a person or organization an additional insured on this policy, provided the contract or agreement:
a. Is currently in effect or becomes effective during the term of this policy, and b. Was executed prior to:
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(1) The "bodily injury" or "property damage", or
(2) The offense that caused the "personal and advertising injury":
for which the additional insured seeks coverage.
IL. LIABILITY EXTENSION COVERAGES
It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controis with respect to such provision, and the changes made by this endorsement to such provision do not apply.
A. Bodily Injury - Expanded Definition
Under Liability and Medical Expenses Definitions, the definition of "Bodily injury" is deleted and replaced by the following:
"Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical injury, sickness or disease.
B. Broad Knowledge of Occurrence
Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following:
Paragraphs a. and b, above apply to you or to any additional insured only when such "occurrence," offense, claim or "suit" is known to:
(1) You or any additional insured that is an individual:
(2) Any partner, if you or an additional insured is a partnership. (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation:
(5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity.
This paragraph applies separately to you and any additional insured.
C. Estates, Legal Representatives and Spouses
The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnershio Named Insureds are insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business.
D. Legal Liability - Damage To Premises
1. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is replaced by the following
k. Damage To Property
"Property damage" to:
1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of SB146932F (6-16)
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such property for any reason, including prevention of injury to a person or damage to another's property;
2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises,
3. Property loaned to you;
4. Personal property in the care, custody or control of the insured;
5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the "property damage" arises out of those operations; or
6. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it.
Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you.
Paragraphs 1, 3, and 4, of this exclusion do not apply to "property damage" (other than damage by fire or explosion) to premises:
(1) rented to you:
(2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D- Liability and Medical Expenses Limits of Insurance.
Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement.
Paragraph 6 of this exclusion does not apply to "property damage" included in the "products-completed operations hazard."
2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the following paragraph is added, and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and Advertising injury:
Exclusions c, d, e, f, g, h, I, k, 1, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance,
3. The first Paragraph under item 5. Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following:
The most were one Brings at
Premises Rented to You limit shown in the Declaration.
E. Personal and Advertising Injury - Discrimination or Humiliation
1. Under Liability and Medical Expenses Definitions, the definition of "personal and advertising injury is amended to add the following:
h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is:
(1) Not done intentionally by or at the direction of
(a) The insured; or
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(b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and
(2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured
2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising injury is amended to add the following additional exclusions (15) Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. (16) Employment Related Discrimination
Discrimination or humiliation directly or indirectly related to the employment, prospective employment. past employment or termination of employment of any person by any insured. (17) Fines or Penalties
Fines or penalties levied or imposed by a govermental entity because of discrimination.
This provision (Personal and Advertising Injury - Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by F. Personal and Advertising Injury - Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising injury" is amended to delete Paragraph c. and replace it with the following:
c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord or lessor.
G. Waiver of Subrogation - Blanket
We waive any right of recovery we may have against:
a. Any person or organization with whom you have a written contract that requires such a waiver.
All other terms and conditions of the Policy remain unchanged SB146932F (6-16)
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