DocID #34720v1
CITY OF RICHMOND
CONTRACT AMENDMENT
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract A mendment are the City of Richmond, a public body corporate and politic, and the following named Contractor:
Contractor Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No:
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 t o amend the following Contract between City and Contractor (list terms in effect on the date of initial Contract approval):
City Council Approval Date/City
Manager Execution Date: ____________________________
Effective Date: ___________________; Termination Date: ____________________________ Payment Limit: ___________________.
[check box if applicable] The Contract was previously amended, as described in the amendment history attached to this Contract Amendment, and the terms and conditions of any amendments shall be deemed to be a part of the Contract.
3. Contract Provisions. The parties hereto agr ee to continue to abide by those terms and conditions of the Contract, including any amendments thereto, which are unaffected by this Contract Amendment, and which shall remain in full force and effect.
Department:
City Project Manager:
City Project Manager E-mail:
City Project Manager Phone No:
Vendor No:
Contract No:
Description of Services:
Amendment No. ___ modifies the (check all that apply):
Term Payment Limit Service Plan Complete the Amendment History page if this Amendment is the 2nd or subsequent amendment.
DocID #34720v1 Modified January 14, 2025
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 Contract.
5. Cit
y 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.
6. Insur
ance Coverage Updated and Maintained. Pursuant to the Contract, th e 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. Author
ity; Counterparts; Signatures. Each of the signatories her eto represents and warrants that he or she has the authority to execute this Contract Amendment for the Party on whose behalf he or she is executing this Contract Amendment. This Contract Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties may rely on electronic or scanned signatures as originals. Delivery of an executed signature page of this Contract Amendment by electronic format (including pdf) shall be the same as delivery of an original executed signature page.
CIT
Y OF RICHMOND,
a municipal corp
oration
By: _______________________________
_
Tit
le: ______________________________
Dat
e Signed: ________________________
I he
reby certify that this Amendment has been
approved by the City Council or executed by the
City Manager.
By: ________________
_______________
City Clerk
Appr
oved as to form:
By: _______________________________
City Attorney
[CONTRACTOR NAME]
(*If applicable, the Corporation Chairperson of the
Board, President, or Vice-President should sign
below.)
By: ____________________________________
Title: __________________________________
Date Signed: ____________________________
(*If applicable, the Corporation Chief Financial Officer or Assistant Treasurer, or Secretary or Assistant
Secretary should sign below.)
By: ___________________________________
Title: __________________________________
*(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation or
nonprofit organization, this Contract (1) should be
signed by the Chairperson of the Board, President
or Vice-President and the Chief Financial Officer
or Assistant Treasurer, or Secretary or Assistant
Secretary; (2) should have both signatures
conform to designated representative groups
pursuant to Corporations Code Section 313.)
DocID #34720v1 Modified January 14, 2025
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
If no prior amendments, skip to next page.
The first Contract Amendment was approved by City Council or executed by the City Manager on ______________________ for one or more of the following provisions (check those that apply):
Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The second Contract Amendment was approved by
City Council or executed by the City Manager on
_________________________ for one or more of the following provisions (check those that apply):
Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The third Contract Amendment was approved
by City Council or executed by the City Manager on
_______________________ for one or more of the following provisions (check those that apply):
Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fourth Contract Amendment was approved
by City Council or executed by the City Manager on
________________________ for one or more of the following provisions (check those that apply):
Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fifth Contract Amendment was approved by Cit
y Council or executed by the City Manager on
________________________ for one or more of the following provisions (check those that apply):
Increased contract payment limit by $_________________ for a payment limit not to ex ceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The sixth Contract Amendment was approved b
y City Council or executed by the City Manager on
_______________________ for one or more of the following provisions (check those that apply):
Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
DocID #34720v1 Modified January 14, 2025
AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND/OR SERVICE PLAN) Check all that apply:
TERM
PAYMENT
LIMIT
SERVICE
PLAN
Paragraph 2 (Term) of the Contract is hereby amended to extend the Contract term. Paragraph 2 of the Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
________________________________________________________ (Insert Contract Effective Date)
and it terminates
________________________________________________________. (Insert new Contract termination date)
unless sooner terminated as provided herein."
Paragraph 3 (Payment Limit) of the Contract is hereby amended to increase the payment limit by $__________________. Paragraph 3 of the Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $_____________________ including expenses."
“The City shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Council or executed by 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 Contract is hereby amended to include the following tasks and/or services:
(Insert description of additional tasks/services. Use additional pages if necessary.) Scope of Work
Keyser Marston Associates (KMA) will provide market, financial, and feasibility analyses to support the City's commercial, residential, and redevelopment efforts. KMA's services will be delivered on an as-needed basis, encompassing both technical and financial reviews, as well as strategic advisory support for real property negotiations and development projects.
Core Services
• Financial and Market Feasibility:
Conduct market and feasibility analyses for residential, mixed-use, commercial, and industrial projects, including redevelopment and highest-and-best-use evaluations.
• Developer Pro Forma Review:
Review and advise the City regarding developers' financial models; recommend restructuring options and identify alternative financing resources. • Economic and Financial Analysis Support:
Provide professional assistance on the economic impacts of proposed projects and alternatives, including data collection, demographic research, and analysis of specific sites or industries.
• Real Estate Advisory and Negotiation Support:
Participate in City meetings with developers to address business terms, support negotiations, and present findings to the City Council, Boards, Commissions, or the public.
.
• Real Estate Strategy and Operations:
Develop and evaluate ground lease strategies, lease economics, and disposition strategies; conduct operational and financial risk assessments.
Coordination and Process
KMA will work closely with City staff throughout assigned projects, attend meetings and workshops as needed, and prepare project-specific scopes of work and budget proposals upon request. Work will proceed in accordance with the attached fee schedule.
KEYSER MARSTON ASSOCIATES, INC.
PUBLIC SECTOR HOURLY RATES
2025/2026
CHAIRMAN, PRESIDENT, MANAGING PRINCIPALS* $305.00
SENIOR PRINCIPALS* $295.00
PRINCIPALS* $275.00
MANAGERS* $245.00
SENIOR ASSOCIATES $205.00
ASSOCIATES $185.00
SENIOR ANALYSTS $170.00
ANALYSTS $145.00
TECHNICAL STAFF $105.00
ADMINISTRATIVE STAFF $90.00
Directly related job expenses not included in the above rates are: auto mileage, parking, air fares, hotels and motels, meals, car rentals, taxis, telephone calls, delivery, electronic data processing, graphics and printing. Directly related job expenses will be billed at 110% of cost.
Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date.
* Rates for individuals in these categories will be increased by 50% for time spent in court testimony.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
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 waiver 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 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO 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
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the 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.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
PROJECT COST R EQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
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 injury, deaths and property damage or destruction arising in any respect 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 The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall 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:VII 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 specified for underlying coverage’s and cover those insured in the underlying policies.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
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 of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) 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
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
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
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
01/06/2025
Symphony Risk Solutions, LLC
2425 N Central Expy
Suite 900
Richardson TX 75080
Halidee Callejas
(972) 864-0400 (972) 278-8400
[email protected]
Keyser Marston Associates, Inc.
1299 4th Street Suite 408
San Rafael CA 94901
Massachusetts Bay Insurance Co. 22306
Allmerica Financial Benefit Ins. Co. 41840
Scottsdale Indemnity Company 15580
2024-2025
A 0.00 Deductible Y Y ZDFA49104910 12/01/2024 12/01/2025 1,000,000
100,000
10,000
1,000,000
2,000,000
Included
B
Coll $500 Comp $500
Y Y AWFA490049 12/01/2024 12/01/2025
1,000,000
Uninsured motorist
combined single limit
1,000,000
A
0.00 Y Y UHFA49117110 12/01/2024 12/01/2025
4,000,000
4,000,000
C
Professional Liability
Retention $50,000 EKI3550800 12/01/2024 12/01/2025
Each Claim $2,000,000
Aggregate Limit $4,000,000
Retro Date 11/11/1976
The City of Richmond, its officers, officials, employees, agents and volunteers are named as additional insureds for all liability arising out of the operations by on on behalf of the named insured per written contract. This insurance is primary and non-contributory. 30 day cancellation clause and 10 day notice of cancellation for non-payment of premium
City of Richmond Attn: Risk Manager
450 Civic Center Plaza
Richmond CA 84804-0046
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
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
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 NUMBERTYPE OF INSURANCELTR
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
461-0478 12 12 Includes copyrighted material of ISO Insurance Ser vices Office, Inc., with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A. The following is added to SECTION II
LIABILITY COVERAGE, Paragraph A.1. Who Is
An Insured:
Additional Insured if Required by Contract
If you agree in a written contract, written
agreement or written permit that a person or
organization be added as an additional insured
under this Coverage Part, such person or
organization ; but only to the extent
that such person or organization qualifies as an
insured under paragraph A.1.c. of this Section.
If you agree in a written contract, written
agreement or written permit that a person or
organization b
under this Coverage Part, the most we will pay on
(1) The Limits of Insurance for liability coverage
specified in the written contract, written
agreement or written permit; or
(2) The Limits of Insurance for Liability Coverage
shown in the Declarations applicable to this
Coverage Part.
Such amount shall be part of and not in addition to
the Limits of Insurance shown in the Declarations
applicable to this Coverage Part. Regardless of
the number of covered "autos", "insureds",
premiums paid, claims made or vehicles involved
in the "accident", the most we will pay for the tot al
of all damages and "covered pollution cost or
expense" combined resulting from any one
"accident" is the Limit of Insurance for Liability
Coverage shown in the Declarations.
B. The following is added to SECTION IV
BUSINESS AUTO CONDITIONS, Paragraph B.
General Conditions, subparagraph 5. Other
Insurance:
Primary and Non-Contributory
If you agree in a written contract, written
agreement or written permit that the insurance
provided to a person or organization who qualifies
as an additional insured under SECTION II
LIABILITY COVERAGE, Paragraph A.1. Who Is
An Insured, subparagraph Additional Insured if
Required by Contract is primary and non-
contributory, the following applies:
The liability coverage provided by this Coverage
Part is primary to any other insurance available to
the additional insured as a Named Insured. We
will not seek contribution from any other insurance
available to the additional insured except:
(1) For the sole negligence of the additional
insured ; or
(2) For negligence arising out of the ownership,
maintenance or use of
by the additional insured or by you, unless
owned by the additional insured or by you; or
(3) When the additional insured is also an
additional insured under another liability
policy.
C. This endorsement will apply only if
occurs:
1. During the policy period;
2. Subsequent to the execution of the written
contract or written agreement or the issuance
of the written permit; and
3. Prior to the expiration of the period of time that
the written contract, written agreement or
written permit requires such insurance to be
provided to the additional insured .
D. Coverage provided will
not be broader than coverage provided to any
other insured under this Coverage Part.
ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED.
AWFA490049
COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1
PRIMARY AND NONCONTRIBUTORY –
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other 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.
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
CG 24 04 05 09 © Insurance Services Office, Inc., 2008
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PA RT
SCHEDULE
Name Of Person Or Organization:
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 □ COMMERCIAL GENERAL LIABILITY CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Person(s)
or Organization(s): Location(s) of Covered Operations
It is understood and agreed that this insurance is
primary, and any other insurance maintained by the
Additional Insured shall be excess only and not
contributing with this insurance in regards to all
operations as pertains to the named insured.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additi onal insured(s) at the location(s) desig -
nated above.
B. With respect to the insurance afforded to these
additional insureds, the following additional exclu -
sions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or equip -
ment furnished in connection with such work,
on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered op erations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its in -
tended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a p rinci-
pal as a part of the same project.
RENEWAL OF POLICYUHF A491171 09 COMMERCIAL FOLLOW FORM EXCESS AND UMBRELLA POLICY 475-0002 06 23Page 1 Issued 09/24/2024Copyright 2023 The Hanover Insurance Company. All Rights Reserved.Includes copyrighted materials of Insurance Services Office, Inc. with its permission.Original Insured CLAIMS-MADE WARNINGCOVERAGEA–FOLLOWFORMEXCESSLIABILITYPROVIDESCOVERAGEONACLAIMS-MADEBASISWHENTHEAPPLICABLE“UNDERLYINGINSURANCE”ISWRITTENONACLAIMS-MADEBASIS.WHENCLAIMS-MADECOVERAGEAPPLIES,THISPOLICY,SUBJECTTOITSTERMS,APPLIESONLYTO“CLAIMS”FIRSTMADEAGAINSTYOUDURINGTHEPOLICYPERIOD,AUTOMATICEXTENDEDREPORTING PERIOD OR ANY PURCHASED OPTIONAL EXTENDED REPORTING PERIOD. PLEASE READTHEPOLICYCAREFULLYTODETERMINERIGHTS,DUTIES,COVERAGEANDCOVERAGERESTRICTIONS.“CLAIMS EXPENSE” OR “DEFENSE EXPENSE” WITHIN LIMITS NOTICETHIS POLICY MAY PROVIDE FOR “CLAIM EXPENSE” OR “DEFENSE EXPENSE” PAYABLE WITHIN, AND NOT IN ADDITION TO, THE LIMITS OF INSURANCE. “CLAIM EXPENSE” OR “DEFENSEEXPENSE”WILLREDUCEANDMAYEXHAUSTTHELIMITOFINSURANCE,ANDWILLBEAPPLIEDAGAINSTTHEDEDUCTIBLE. INTHEEVENTTHATTHELIMITOFINSURANCEISEXHAUSTED,WESHALLNOTBELIABLEFOR“CLAIMEXPENSE”OR“DEFENSEEXPENSE”,JUDGMENTSORSETTLEMENTS IN EXCESS OF THE APPLICABLE LIMIT.
POLICY NUMBER: UHF A491171 10COMPANY: Hanover Insurance CompanyDECLARATIONS Item 1.Named Insured and Address (No., Street, Town, County, State) Agent KEYSER MARSTON ASSOCIATES INC 1299 4TH STREET, SUITE 408 SAN RAFAEL CA 949015701518SYMPHONY RISK SOLUTIONSINSURANCE SERVICES, INC.2425 N CENTRAL EXPY #900RICHARDSON TX 75080 Item 2.Policy Period: (Month, Day, Year)From12/01/2024 To12/01/2025 12:01 A. M., standard time at the address of the Named Insured as stated herein. 475-0002 06 23Page 2 Issued 09/24/2024Copyright 2023 The Hanover Insurance Company. All Rights Reserved.Includes copyrighted materials of Insurance Services Office, Inc. with its permission.Original Insured Form of Business:Individual PartnershipCorporationLimited LiabilityCompanyOrganization (Other than Partnership, Joint Venture or Limited Liability Company)Business Description: OfficeINRETURNFORTHEPAYMENTOFTHEPREMIUM,ANDSUBJECTTOALLTHETERMSOFTHISPOLICY,WEAGREEWITHYOUTOPROVIDETHEINSURANCEASSTATEDINTHISPOLICY.THISPREMIUM MAY BE SUBJECT TO AUDIT.Item 3.Limit of InsuranceEach Occurrence or Each Claim Limit:$4,000,000Products – Completed Operations Aggregate Limit:$4,000,000General Aggregate Limit$4,000,000 Retained Limit: $0Item 4.Premium Computation: Estimated Annual Premium $5,245.00Premium Surcharges (Premium Surcharges NOT APPLICABLE in New York) Annual Minimum Premium$5,245.00 Advance Premium $5,245.00 Endorsements: See next page
PREPAID - the total annual premium is due at inception.HANOCASH - the annual premium is payable according to the term of the Hanocash endorsement attached.ACCOUNT BILL DIRECT BILLAnnual Semi-Annual OtherAudit period: Non Auditable Unless indicated by Annual Semi-Annual Other If you cancel this policy, we shall receive and retain not less thanNILas a policy minimum premium.
Forms Applicable To This Policy:*Asterisk denotes new or changed formForm NumberForm EditionDescription*231-086211/23Consumer Privacy Notice401-133702/16Trade Or Economic Sanctions Endorsement401-137412/20Disclosure Pursuant To Terrorism Risk Insurance Act 475-0002 06 23Page 3 Issued 09/24/2024Copyright 2023 The Hanover Insurance Company. All Rights Reserved.Includes copyrighted materials of Insurance Services Office, Inc. with its permission.Original Insured Forms Applicable To This Policy:*Asterisk denotes new or changed formForm NumberForm EditionDescription401-137706/20Company Address Listing475-000112/22Hanover Commercial Follow Form Excess AndUmbrella Policy475-002712/14Exclusion - Total Pollution (Coverage A)475-003112/14Exclusion - Professional Liability (Coverage A)475-005012/14Exclusion - Abuse and Molestation (Coverage A andB)475-005712/14Exclusion - Lead (Coverage A and B)475-006601/15Cap on Losses From Certified Acts of Terrorism475-007001/15Exclusion of Punitive Damages Related To ACertified Act Of Terrorism475-008012/14Exclusion - Fungi Or Bacteria Liability (Coverage Aand B)475-008412/14Exclusion - Silica (Coverage A and B)475-019505/17California Changes*475-021512/14Exclusion - Discrimination (Coverage A and B)475-035112/14Exclusion - Employee Benefits Liability (Coverage B)475-061311/20Underlying Insurance Defined (Coverage A and B)*475-061806/22Underlying Claims-Made CoverageIL N 01801/22California Fraud StatementSIG 11 0011/17Signature Page
SCHEDULE OF UNDERLYING POLICIES
An “X” marked in the box provided indicates these broadening or optional coverage are provided in the Underlying Insurance 475-0003 12 14Page 4 Issued 09/24/2024Includes copyrighted material of Insurance Services Office, Inc. with its permissionOriginal Insured Insured: KEYSER MARSTON ASSOCIATES INCEffective on and after 12/01/2024 12:01 A.M. Standard TimeThis Schedule is part of Policy Number: UHF A491171 10 CARRIER, POLICY NUMBER & PERIODTYPE OF POLICYAPPLICABLE LIMITS OR AMOUNT OF INSURANCE (a)Carrier: MASSACHUSETTS BAYINSURANCE COMPANY Commercial General Liability$1,000,000Occurrence/ Each ClaimPolicy Number: ZDF A491049 10Owned Autos $1,000,000Personal InjuryPolicy Period: 12/01/2024 TO 12/01/2025Non-owned & Hired Autos $1,000,000Advertising Injury $2,000,000General Aggregate Incl in Gen AggProduct/Completed OperationsAggregate (b)Carrier: ALLMERICA FINANCIAL BENEFITS Comprehensive AutomobileLiability including Bodily Injury and Property Damage Liability Combined:Policy Number: AWF A490049 10 Owned Autos$1,000,000Each AccidentPolicy Period: 12/01/2024 TO 12/01/2025 Non-Owned&Hired AutosBodily Injury $ Each Person $ Each AccidentProperty Damage: $ Each Accident (c)Carrier: Garage Liability Bodily Injury and Property Damage Liability Combined:Policy Number: Dealers Each AccidentPolicy Period: Service Garage Operations $ Auto Only $ Other than Auto Only $ Aggregate Garage Operations $ Other than Auto Only (d)Carrier: AMERICAN HOME ASSURANCECO Standard Workers’ Compensation & Employers’ LiabilityCoverage B – Employers LiabilityPolicy Number: 047018568 CA Bodily Injury by AccidentPolicy Period: 07/01/2024 TO 07/01/2025 $1,000,000Each Accident NEW YORK ONLY: Bodily Injury by Disease The Umbrella Coverage for $1,000,000Each Employee Workers’ Compensation and $1,000,000Aggregate Employers Liability is not applicable in situations where an employee is subject to the New York Workers’ Compensation Law. 475-0003 12 14Page 5 Issued 09/24/2024Includes copyrighted material of Insurance Services Office, Inc. with its permissionOriginal Insured (e)Carrier: Liquor Liability $ Each Common Cause Policy Number: $ Other Policy Period: $ Aggregate $ Other (f)Carrier: Professional Liability $ Each Occurrence Policy Number: $ Each ClaimPolicy Period: $ Other $ Aggregate $ Other (g)Carrier: Directors & Officers Liability$ Each OccurrencePolicy Number: $ Each ClaimPolicy Period: $ Other $ Aggregate $ Other (h)Carrier: Stop Gap Liability Bodily Injury by AccidentPolicy Number: $ Each AccidentPolicy Period: Bodily Injury by Disease$ Each Employee $ Aggregate (i)Carrier: Abuse and Molestation $ Each OccurrencePolicy Number: $ Each ClaimPolicy Period: $ Other $ Aggregate (j)Carrier: Foreign $ Each OccurrencePolicy Number: $ Each ClaimPolicy Period: $ Other $ Aggregate (k)Carrier: MASSACHUSETTS BAYINSURANCE COMPANY Employee Benefits Liability $ Each OccurencePolicy Number:ZDF A491049 10$1,000,000Each ClaimPolicy Period: 12/01/2024 TO 12/01/2025 $ Other$1,000,000Aggregate (l)Carrier: Other $ Each OccurrencePolicy Number: $ Each ClaimPolicy Period: $ Other $ Aggregate An “X” marked in the box provided indicates these broadening or optional coverage are provided in the Underlying Insurance Countersigned By:_________________________________________Date:________________Authorized Representative of the Company 475-0215 12 14 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION – DISCRIMINATION
(COVERAGE A AND B)
This endorsement modifies insurance provided under the following:
HANOVER COMMERCIAL FOLLOW FORM EXCESS AND UMBRELLA POLICY
The following is added to section VII. EXCLUSIONS,
paragraph 1. Applicable to Both Coverage A – Follow
Form Excess Liability and Coverage B – Umbrella
Liability:
This insurance does not apply to:
Discrimination
Any liability or expense arising out of discrimination or humiliation based upon, but not limited to:
(1) Age;
(2) Gender;
(3) Sexual orientation;
(4) Marital Status;
(5) Race;
(6) Nationality;
(7) National origin;
(8) Religion;
(9) Creed;
(10) Mental capabilities or condition;
(11) Physical capabilities , charact eristics or condition; or
(12) Any violation of a local, state, federal or foreign law or regulation relating to discrimination.
ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED.
UHF A491171 10 5701518
475-0618 06 22 Includes copyrighted m aterials of Insurance Services Offices, Inc., with its permission. Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
UNDERLYING CLAIMS-MADE COVERAGE
This endorsement modifies insurance provided under the following:
HANOVER COMMERCIAL FOLLOW FORM EXCESS AND UMBRELLA POLICY
If any “underlying insurance ” is written on a claims - made basis, the following applies to the insurance
provided by this policy which is excess over that
“underlying insurance”:
A. The following section is added:
EXTENDED REPORTING PERIODS
1. With respect to any " underlying insuran ce"
written on a claims -made basis, we will
provide one or more Extended Reporting
Periods, as described below, if:
a. This Coverage Part is cancel ed or not
renewed; or
b. "Underlying insu rance" written on a
claims-made basis is renewed or replaced
with insurance that:
(1) Has a Retroactive Date later than the
date shown in the Declarations of the
"underlying insurance"; or
(2) Does not apply to “underlying
insurance” coverage on a claims -
made basis.
2. Extended Reporting Periods do not extend the
policy period or change the scope of coverage
provided. They apply only to any claim or “suit”
for “underlying insurance ” coverage that
occurs before the end of the policy period b ut
not before the Retroactive Date, if any, shown
in the Declarations of the "under lying
insurance”. Once in effect, Extended
Reporting Periods may not be canceled.
3. If we cancel or do not renew for any reason
other than no npayment of premium , an
Automatic Extended Reporting Period will be
provided without an additional premium. This
period starts with the end of the policy period
and lasts for 60 days with respect to any claim
or “suit” arising out of an “occurrence”
committed prior to the end of the policy period,
but not before the Ret roactive Date, if any,
shown in the Schedule, Declar ations, or by
endorsement and not previously reported to
us.
a. This Automatic Extended Reporting Period
does not apply to any claim or “suit” which
is covered under any subsequent
insurance you purchase, or that would b e
covered by the “underlying insurance” b ut
for exhaustion of the amount of insurance
applicable to any claim or “suit”.
b. The Automatic Extended Reporting Period
does not reinstate or increase the Limits of
Insurance of the “underlying insurance” or
of this policy.
The Automatic Extended Reporting Period
does not apply to any claim or “suit” that is
covered under any subsequent insurance you
purchase, or that would be covered by the
“underlying insurance ” but for ex haustion of
the amount of insuran ce applicab le to any
claim or “suit”.
4. The Automatic Extended Reporting Period
does not reinstate or increase the Limits of
Insurance of the “underlying insurance” or of
this policy.
5. If this policy is cancelled or not renewed and if
you have an Optional Extended Reporting
Period on the “underlying insurance” in effect ,
you shall have the right, upon payment of an
additional premium, to an Optional Extended
Reporting Period. This period starts with the
end of the policy period with respect to any
claim or “suit” arising out of an “occurrence”
committed prior to the end of the policy period,
but not before the Retroactive Date, if any,
shown in the Schedule, Declarations, or by
endorsement and not previously reported to
us.
a. This Optional Extended Reporting Period
does not apply to any claim or “suit” which
is covered under any subse quent
insurance you purchase, or that would b e
covered by the “underlying insurance” b ut
for exhaustion of the amount of insurance
applicable to any claim or “suit”.
b. The Optional Extended Reporting Period
does not reinstate or increase the Limits of
Insurance of the “underlying insurance” or
of this policy.
c. You must give us a written request for the
Optional Extended Reporting Period
Endorsement within 60 days following the
UHF A491171 10 5701518
475-0618 06 22 Includes copyrighted m aterials of Insurance Services Offices, Inc., with its permission. Page 2 of 2 date of cancellation or nonrenewal. The
Optional Extended Reporting period wil l
not go i nto effect unless you pay the
additional premium promptly when due. If
the cancellation or nonrenewa l is for
nonpayment of premium, this Optional
Extended Reporting P eriod will not be
provided unless any earned premium due
is paid within 60 days after the effective
date of such cancellation or expiration.
d. The available Optional Extende d
Reporting Period s and associated
additional premiums are displayed in the
table below.
Optional Reporting
Period
Percent of Annual
Premium
One Year 100%
Two Years 150%
Three Years 200%
6. In the event similar insurance is in force
covering any claim or “suit” first made during
the Extended Reporting Period, coverage
provided by this Cover age P art shall be
excess over any part of any other insurance
available to the insu red, whether primary,
excess, contingent or on any other basis,
whose policy period begins or continues after
our policy period ends.
ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED.
UHF A491171 10 5701518
ZDF A491049 10 5701518
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
POLICY NUMBER: ZDF A491049 10 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13
CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
City of Richmond Loc#1
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for " bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
ZDF A491049 10 5701518
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.