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HomeMy WebLinkAboutArdurra Group, Inc. - 2021-12-08 PROPLSSIONAL SERVICES CONTRACT BETWEEN THE CITY OF I IUNTING I ON BEACH AND ARDURRA GROUP, INC. FOR CONSULTING SERVICES FOR THE HUNIINGTON BEACH HARBOR REVIEW THIS AGRT FMLN'f ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "Cl'IY," and Ardurra Group, Inc., a California corporation hereinafter rc(crred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide consulting services for file Huntington Beach Harbor review; and Pursuant to.docuntentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW. THEREFORE, it is agreed by CITY and CONSULTANT as follows: I . SCOPE, OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Scott Barbcr, project manager at Ardurra Group, Inc., who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agredsurrncdproreseional sves to$49 10M2 1 Of I 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agrecment. 3. TERM; TIME. Of PF RFOR-MANCE Timc is of the essence of this Agrecment. The services of CONSULTANT are to connuenee on L . 09fA-1, 20 .21 (the "Commencement Date"), This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than November I. 2024 from the Commencement Dale. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein. CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "13," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Eighteen Thousand Five Hundred Dollars ($18,500.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope ol'services described in Exhibit "A," CONSULTANT will undertake such agrcdsurfieUprolessiolml sves m$49 10/12 2 of I I work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CI"I*Y is obtained. 6. METHOD OF I'AYMIN"T CONSUL PANT shall be paid pursuant to the terms of Eshihit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations; computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it secs fit. S. HOLD IiARNILESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected ur appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature of liability of any kind or nature) arising out of or in connection with CONSULTANf's (or CONS ULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its lailure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence of willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANTS counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are ngrce/snrrneUprotessionel sves to$49 10r12 3 of l l applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONS UL;TANIT's professional liability in all amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). 13. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage lirllowing PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to ngrce/surBk Uprolessiunnl Svcs ar 5119 10/12 4 of I I forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy: 13. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage m in limits except after thirty (30) days' prior written notice; however, ten (10) clays' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carving the foregoing insurance coverage shall not derogate From CONSUL;I'ANT's defense, hold harmless and indenmification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hercinabove required. ngrcc/surfircVprofcssiunal svu to$49 10/12 5 of I I if. INDEPENDE'NT CONTRACTOR CONS LTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxeS, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF A(iR131:iMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSUL;TANT's services hereunder at any time with or without cause, and whether or not the PROJECT' is fully con)plete. Any termination of-this Agreement by CITY shall be made in writing, notice of which shall he delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMF.NI' AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. ngrcchwfircVprnkssional Svcs to$49 1tN12 6 0( I l 14. CO11Y RIG I-ITS/PATF..NTS CITY shall own all rights to any patent or copyright on any work, item or material produced as it result of this Agreement. 15. CITY EMPL,OYF.ES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONS U LTA NT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Ardurra Group; Inc. A"ITN: Eric McCoy, Fire Division Chief AT-I-N: Lisa M. Perna, Managing Principal 2000 Main Street 3737 Birch Street Suite 250 Huntington Beach, CA 92648 Newport Beach, CA 92660 agrc✓surBUUprothasiunal svcc In$49 10/12 7 of I I 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMI NI' The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid. such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as agrcclsw fimdprnfcss innal Svcs in$49 10/12 8 of 11 to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL. The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of' the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSUITTAN' shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Hunfinglun Beach Cip, Charier Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT, ngrcdsurfncUpmlissionnl secs iu Sd9 10/12 9 of I I 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions ol'this Agreement or to secure the pci lormance hereof, each party shall bear its own attorneys fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and contest survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW ']'his Agreement shall he governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and waITants that its signature hereinbeluw has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully lot- any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. EN'IlRf;IY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive, arm's length negotiation, and that each has had the Opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that patty has not executed this agrec/surfnct/professionut sves m$19 10/12 10 of I I Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Ardurra Group, Inc. California COMPANY NAME ��/ S o'tf Dirxto 'ef By:L/ �—��y� ^ f ' (Pur"anf To MAC§3.03.I00) L +SA M. PENnIA P.�• print name ITS: (cfrrfe arc)Chairtnan/Prwtden ice President APPROVED A AND City Attorney to print name ITS: (circle art) print Financial OffieerFinancial Officer sst. saxoury—Trtasuar Receive and File 4�- 94fa CIV Clerk z� &grew rfneVpmfnswtul secs to S49 10n2 11 of 11 EXHIBI "'A" A. STATEMENT OF WORK: (Narrative of work to be performed) Ardurra Group, Inc. (Ardurra) is to provide consulting services for the I luntington Beach I larbor review for the City of Huntington Beach. The proposed scope of work is broken down into three sections including: 1) Curren jurisdictional responsibilities relating to Huntington Beach Harbor (referred to as HBF1 for the purposes of this document). 2) Review of Newport Harbor, seeking information on best practices for local jurisdiction's enforcement and revenue efforts. 3) Recommendations for changes that will enhance the City of Huntington Beach's control of docks, piers, and waterways, as well as providing funding for the enforcement of regulations involving 1-1131-1. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: See attached Exhibit Al. C. CTI'Y'S DUTIIi;S AND RESPONSIBILITIES: City shall assign a City employee to work directly with Ardurra in the performance of this agreement. D. WORK PROGRAM/PROJECT SCI11 DULE: The scope of work is to be accomplished by Ardurra with 100 howl ol'consulting services at a billing rate of$1 R5.00 per hour for a total not to exceed $18,500.00. EXHIBIT A \Exhibit At �V ARDURRA CWI�reV.11.�NNOV.11.CMNII. October8,2021 Eric McCoy Division Chief HUNTINGTON BEACH FIRE DEPARTMENT 2000 Main Street,Huntington Beach,(A 9264R Subject: Proposal to Provide Consulting Services for the Huntington Beach Harbor Review for the City of Huntington Beach Dear Chief Mc(cy, Ardurra Group,Inc.(Ardurra)Is pleased to present this proposal to provide consulting services for the City of Huntington Beach(City).Ardurra's project understanding,proposed scope of services,team and estimated fee are presented herein for your consideration. Proje(l Understanding/Proposed Scope of Service0eam Ardurra understands the City would like us to provide up to 100 hours of consulting services at a billing rate of$185 per hour fora total of 518,500.We propose Scott Barber as the project manager and Steve Badum,PE,as our project assistant for this project The proposed scope of work is broken down into three sections including Current jurisdictional responsibilities relating to Huntington Beach Harbor Deferred to as HBH for the purposes of t his document). Review of Newport Harbor,seeking information on best practi(es for local jurisdiction's enforcement and revenue efforts Recommendations for(hanger that will enhance the City of Hunlinglon Beach's control of do(ks,piers,and waterways,as well as providing funding for the enforcement of regulations involving HRH. 2{K(In In e i,rrf 01^V?_ a) Review of all sections of H8MC relating to HBH,all applicable County of Orange ordinances relating to HBH,all pertinent State of California Codes(such as the Harbors and Navigation(ode),and United States Army Corp.of Engineers regulations relating to dredging and other activities requiring USAGE approval. b) All code sections reviewed will be compiled into a matrix with an explanation of the applicable rode section and which organization has jurisdiction for enforcement of the(ode. c) Any gaps in coverage by the(fly,County or State will be identified for further study d) Review of other Newport Harbor website,documents and environmental reviews,seeking information on best practices for local jurisdiction's enforcement and revenue efforts. Newv wl Bran EL Seouwou Lowe Buuw 5.w Dmoo SACN.MENTO 5.w JOSE WWW.AnPVMM,C M. Exhibit At City of Huntington Beach October 8,ID21 Page 2 V Final Products/DeliverabIts: 1)All information will be gathered into a"White Paper ,explaining(onsultant's methods,sources of information collected,and a summary of findings. 2)Createa PowerPoint presentation of findings and present findings to the Huntington Beach Harbor Commission at a regularly scheduled Commission meeting. If there are any questions regarding this proposal,please contact Stephen Badum at(949)795.9068 or sbadum@ardurra.com Sincerely, Ardurrraa Group,Inc. Lisa M.Penna,PE,F.ASCE,QSO Managing Principal Exhibit Al Professional Consulting Services for the City of Huntington Beach Huntington beach Harbor Review Scott Barber I Ardurra Public Administration(Municipal Consultant) Education: MBA/199976usiness/California Baptist Universty,Riverside BA719831Theater Arts/University of California,Riverside Years of Experience Entered the profession in1988 Scott Barber br ngs 30 years of local government experience,creating success through outstanding Innovation and strategic partnerships,coupled with a fundamental and deeply ingrained understanding that public trust is earned each day and must never be taken for granted.Scott also has extensive experience in development processes and economic development activities related to business attraction through entitlement and permilling incentives.He has excellent communication skills and presentation skills,combined with solid budgeting and finance experience. RELEVANT EXPERIENCE Code Enforcement Program Review,City of Burbank,CA.Conducted an in-depth review of the City of Burbank's Code Worcement Program,including onsite evaluation of offue and field activities,systems analys s,program alternatives and modernization,resulting in a comprehensive management report and"road map for bringing about longterm and sustainable change to the program. (ode Enforcement Program Review,City of Ventura,CA.Created a'Findings Memorandum'after conducting an onsite review of office and field functions,all code enforcement documentation.and policies,validating information presented by Ventura's staff for City Management and Council approval of program enhancements. Code Enforcement Program Review,City of Merced,CA.Created a comprehensive Policies and Procedures Manual, along with findings and recommendations for program enhancements,based upon interviews with office,management, and field staff,for use by the City s Cede Enforcement Task Force San Mateo Sober living Civil Case,County of San Mateo,CA.Served as expert witness for the County of San.Mateo in defense of a federal civil rights complaint regarding housing discrimination. City Manager's Office,City of Riverside,CA.Served as city manager for the City of Riverside(City),a full-service, municipal corporation with annual budgets of approximately$1 billion and 2687 FTEs.The City is the 121h largest city in California and has a population of 308,511 citizens in an area of about 80 square miles.The City is unique from many other cities in California,as It has its own publicly owned utility(electricity and water)and operates a regional water quality control plant.Municipal services provided by the City Include police,fire,roads,parks,museums,libraries,development services,an airport,and Internal service functions in support of operational departments.The City has an elected Mayor, seven Councilmembers elected by wards and Is a charter city with a Council-Manager form of government. (0 012 01 1-1 212 01 4) Responsibilities and accomplishments include: • Revised citywide budget procedures to increase transparency in the creation and tracking of project expenditures and strategic use of General Fund reserves. • lead the stakeholder Involved design process for the$45-million reconstruction of the Riverside Convention Center. • Created the successor agency to the City's former redevelopment agency,and suuessfully lead the City to a"Finding of Completion'from the California Department of Finance for the long-range property management of more than 30 grope,lies,and the approval of S1.57 billion in Recognized Payment Obligation Schedule(BOPS)reimbursements. • Completed the construction of two new City parks(Doty-Trust and Ryan Bonamino;,utilizing multiple funding sources(COPS,RDA bonds,Inter-fund loans)for a total cost of approximately S14 million. ARDURRA Exhibit Al Professional Consulting Services for the City of Huntington Beach Huntington Beach Harbor Review • Lead the educational outreach for two otywide ballot measures reauthorizing a parcel tar for library services ;Measure 1),along with the reauthorization of a transfer of water utility revenue to the General Fund of$6.7 million annually(Measure A). Both measures passed by more than sixty-six percent(66%). • Revised the City's Economic Development Action Plan,embedding in the plan the principles of Riverside"Seizing Our Destiny",which is a community-based movement driving the City's economic future.The result was an annual increase in local jobs of 3,200 private sector,along with 12,000 consirudicio-related positions associated with various local and state transportation projects. • Reorganized City operations,merging art and culture functions with our munlopal museum,the Development Department(that included Redevelopment)with our Community Development Department,and moved all capital projects(excluding park design)to our General Services Department. • Guided the"Business Ready Riverside"Initiative,which Included the Implementation of electronic plan review (ProjectDox),creation of the"Business First"permit processing team who provide concierge service to new businesses creating jobs In Riverside,and the approval of the City Council to move towards"Smart Codes"for the upcoming General Plan cycle,which created form basedcodes,eliminating the need for individual CEOA review on compliant projects within the Smart Code zones Commueity Development Department(Department),City of Riverside(City),CA.Served as the community development director for the Department,which was formed during Fiscal Year 2005-06 by combining the Planning and Building and Safety Department with the Code Enforcement Division of the Public Works Department.(08/2005-08,`2011) Responsibilities and accomplishments include: • lead the adoption effort for a new General Plan,Zoning Code,Smart Growth guidelines and implementation matrix for the City's GP 2025,which won a Southern California Association of Governments"Compass Blueprint'award for excellence • Completed the reorganization and improvement of the Code Enforcement Division,including the creation of national best practices with the Neglected Property Abatement Team,as well as winning state and national awards for our marketing and outreach programs. • Lead joint community/elected/staff meetings to create"Neighborhood Plans",which are essentially neighborhood- based specifrc plans for the University and Easlside neighborhoods. • Assisted the City manager's off ire in outreach efforts to the environmental and historical rommunihn,enhancing the City's representation and collaboration with these groups and the development community. • Assisted the City's economic development efforts through the creation of"fast track"programs,(business attraction through streamlined entitlement and permit processing)and developed the City's"Concurrent Processing' procedures,reducing an applicant's time and the costs associated with development projects • Implemented the first"Incentive Based Green Building Program"in the State of California in collaboration with the Building Industry Association. • Budgeted,created,and administered annual budgets ranging from S12 to S15 million. • Created a new revenue stream through the Neglected Property Abatement Program • Selected and implemented new web-based code enforcement software(GoEnforce). • Revitalized planning division processes utilizing a staff driven'Good to Great"approach,creating streamlined review guidelines and higher customer satisfaction. • Served as chairman of the Mobilehome Parks Rent Stabilization Board and implemented appeal processes and procedures. • "legotiated habitat transfers and removal of habitat designations on behalf of the City with the Regional Conservation Authority,Fish and Game,and Fish and Wildlife agencies. al Ps9• ARDURRA Exhibit Al Professional Consulting Servicts for the City of Huntington Beach Huntington Beady Harbor Review Transportation and land Management Agency ITLMAI,County of Riverside,(A.Served as assistant agency director/director of administration(0812000-0812 0 0 5: Responsibilities and accomplishments include: • Managed an annual budget of approximately S170 milhon IS 100 million in programmed capital improvements),with agency oversight of 900 staff members. • Created the Environmental Programs Department,including policy,procedure and mission implementation,creation of ordinances and operating guidelines,stalling and budgets. • Lead and/or assisted In the recruitment and hiring of three department directors fbuildingoHicial,transportation director and plannlnq director). • Responsible for all administrative functions of the agency,including Information resources,purchasing,human resources,payroll,accounting,customer service,and asset management. • Selected by the County's executive officer to be a founding member of the County's Leadership Initiative Design Team Which was responsible for creating and conducting training programs to provide greater leadership skills for senior managers in all departments throughout Riverside County.Created and taught the course 'Coaching and Mentoring; and served as a certified interpreter for Lominger'Voices 360degree"assessments a,page ARDURRA Exhibit At Professional Consulting Services for the City of Huntington Beach Huntington Beach Harbor Review Hourly Rates Ardurra Group,Inc. Effective February 1,2021 Standard Billing Nate Schedule for the City of Huntington Beach Public Works West Englinagirring Sarvim Municipal services Stan Hourly Rate star" "Oudy Hate Principal $230 Principal $230 OA/QC Manager_ $205 Project ExeL/Management Consultant $2% Project Manager IV $200 Senior Program Manager 200 Project Manager III $19S Program Mana $195 Projea Manager II 165 Project Manager III $195 Project Manager I 17S Project Manager II In Project Engineer IV $190 Pr000d Manager I 175 Project Engineer 111 $1e0 Plan Check Engineer IV 2A5 Project Engineer 11 $170 Plan Check Engineer 111 270 Project Engineer 1 $160 Plan Chad En near II 160 Support Enjoneer II $160 Plan Check Engineer 1 $250 Support Engineer I 150 Public Works Technician III• 120 Project Designer III• $140 Public Works Technician It* $110 Project Desi ner II• _ $130 Public Works Technician I• 100 Project Designer 1• $120 Senior Code Enforcement Or"ker1Mp• Wo CADD Drafter III• 115 Code Enforcement Officer III CADD Drafter III 130 Code Enforcement Officer 10 7S CADD Drafter I• 305 Public Works Technician 10 $100 Administrative Assistant $100 •Positions noted wlbhan asterisk am subject to overtime rates billed at 1.5 times regular rates for all time over a hours In a single day or work Wombed on Saturday;and double time rates for work performed on Sundays and Holidays. a 1 page ARDURRA ae § % 2k ) ( : : m e : es § § { - § ■ J � a ; \ / \ \ 1 _ § � ; - ! � ! 0c ) \ t � ! � \ \ ) C 7 $ f j \ \ k § { k � - } } ) u ; ( ° § \ � / / { / / \ \ / } ■ } } ; ; ; v § ! $ f k / | f 2k0 0c 0 0 } 7 } � � k � § ! cc ww ® k \ ! t ; l ; 3c f \ § § ) \ � } ) ) ) wf � � ! ! t � \ \ ) EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Blended Hourly Rate: $185.00 Hours of Consulting Services: 100 Total Not to lixceed: $18,500.00 B. Travel Charges for time during travel are not reimbursable. C. f3illinu I. All hitting shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. s, reports, calculations and other documentation A copy of memoranda, letter prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment (tue. Such invoice shall: A) Reference this Agreement; 13) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONS U LTA NT's firm that the work has been performed in accordance with the provisions of this Agreement; and 1 ) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (10) clays of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until 1 Exhibit B the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above. and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN "rl-iL CITY OF FIUNI-INGTON BEACH AND ARDURRA GROUP, INC. FOR CONSULTING SERVICES FOR TIME HUNTINGTON BEACH 1-IARI3OR REVIEW Table of Contents IScope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Ternt; Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ..................................1......... 8 Hold Harmless .......................................................................................................... 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor..................... .....................................................I................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices............. . ...............................7 ........................................... . 17 Consent .........................................................................................................6..........8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..................................................................... .......9 21 Duplicate Original..................................................................._................6.............. 22 Immigration ............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attornev's Fees_........................................................................................................10 25 Survival...................................................................................................................6...10 26 Governing Law ..................................................................................................6......10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date................................................................................. I I �1 ARDURRA-01 KGODWI ACORO' CERTIFICATE OF LIABILITY INSURANCE ° 1111812021 1 v1 areozl THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,contain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsomenl s. PROWLER cpryTAcr Amos 8 Gough PHONE EMh(703)827-2277 FAX Nol:(703)827-2279 8300 Greensboro Drive Suite 980 10�sS.admin�ameagou h.cam Mc Loan,VA 22102 INSUREMSIAFFORDNO COVERAGE NAIL/ INSURER Valle Forge Insurance Company A XV 20509 INSURED INSURER 8-National Fire Insurance Company of Hartford A(XV) 120478 Ardurra Group,Inc. INSURER C:Continental Insurance Comp any A(XV) 35289 4921 Memorial Highway,Suite 300 1 INSURER 0,Berkshire Hathaway Specialty Insurance Compan 22276 Tampa,FL 33634 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVy1THSTANDING 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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOF INSUnANCE "DO SUER rise WvO POLICY NUMBER POLICY EFF POLICY E%P LIMITS ,inA X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 3 1,000.000 � DAMAGE TO RENTED 1,000,000 CLAIMS-MAOE lJ OCCUR 6075640222 1/112021 111l2022 JSES S X Contractual Liab. MEDEXP afro reaA 15,000 PERS sAQVINUIURY S 1,000.000 N'L AGGREGATE LIMpIIT.APPLIES PER. WI AGGR T 2,000.000 X POLICY jECT ❑LOc PRODUCTS.COMPADF AGG 3 2,000,000 OTHER: S B AUTOMOBILE LIABILITY EAeflLQ IBINEDBaJGLE LLMIT $ 1,000,QQQ X ANY AUTO 6075640236 APPROVF.Q F> f411112 0 2 2 aWLY INJURYPIK I \-• poon) $ OWNED SCHEDULED OILY INJURY Pma S ONLY AUTOS PtMAGE \ F a 3 AO CSILY NONOMLDv GATES s 1.11 C X UMBRELLA LIAB X oCCUR I CITY OF HUNTTNGFON BEACH EACH CURRENCE S 15,000,000 UCE53 UA° CLAIMS MADE I6075640270 11112021 I 1/112022 RELATE 15,000,000 DIEDX RETENTIONS 10,DOO C WORKERS CC-APENSATION X PER OTH- ANDEMPLOYERS•LIABNTY 11 6075640253 1/112021 11112022 EL EAC1UACCIDENT 3 1,000.000 ANY PROPRIETOQRgIPARTNER,E%ECUTIVE QQCcFICERAAEN Or EXCLm1ED7 N NIA 1,000,000 Iwndarory NIE.L.OISEASE-EA EMPLOYE 3 II yyeea,aewea vlem 11000,000 DE6CRIPiNk1 OF OPERATIONS bebvi E.L DISEASE-POLICY LIMITIl D Professional Liab. •47-EPP-306878-03 111/2021 1/112022 Per Claim/Aggregate 5,000,000 DESCRRTION OF OPERATIONS ILOCATIONS I VEHICLES ACORD Ial.AdditionalRenuM1e ScN ule,may be anaclled a more ewce to repaired) RE:CONSULTING SERVICES FOR THE HUNTI�GTON BEACH HARBOR REVIEW City of Huntington Beach,CA,its officers,elected or appointed officials,employees,agents and volunteers am included as additional insured with respect to General Liability and Automobile Liability when required by written contract General Liability and Automobile Liability are primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract.General Liability, Automobile Liability and Workers Compensation policies Include a waiver of subrogation In favor of the additional insureds where pennissibio by state law and when required by written contract.30-day Notice of Cancellation will be Issued for the General Liability,Automobile Liability,Workers Compensation, Umbrella Liability,and Professional Liability policies in accordance with policy terms antl conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach,CA ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHOP¢ED REPRESENTATIVE I ACORD 25(2016103) ®1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising Injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily Injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage,and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition,or 10.01 edition of CG2010,or under the 10- 01 edition of CG2037:or B. additional insured coverage with"arising out of language;or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily Injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. 111. Subject always to the terms and conditions of this policy, including the limits of insurance,the Insurer will not provide such additional insured with: s A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily Injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render,any professional architectural, engineering, or surveying services, including: 1. the preparing,approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, t.� field orders, change orders or drawings and specifications;and 2, supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage i= part: CNA75079XX(10-16) Policy No: 6075640222 Page 1 of 2 Endorsement No: 13 The Continental Insurance Co. Effective Date: 01/01/2021 Insured Name:ARDURRA GROUP, INC. Copyright CNA AO Rlghtc Rewrved. Inowea copyrighted men:riai of Inwrence semio office,Inc.,wfn 4a pe nlssion. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured,this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured;or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense,Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2, send the Insurer copies of all legal papers received,and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, 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: 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. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX(10-16) Policy No: 6075640222 Page 2 of 2 Endorsement No: 13 The Continental Insurance Co. Effective Date: 01/01/2021 Insured Name: ARDURRA GROUP, INC. Copynght CNA AL Rights Reserved. Includes mpynghW mmedal of Insurance,service,Office,Inc.,mlh he permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional insureds 2. Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance 3. Additional Insured—Extended Coverage 4. Boats 5. Bodily Injury—Expanded Definition 6. Broad Knowledge of Occurrence/Notice of Occurrence 7. Broad Named Insured 8. Contractual Liability—Railroads 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury—Exception for Reasonable Force 11. General Aggregate Limits of Insurance—Per Location 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability—Damage To Premises 11, Liquor Liability 17. Medical Payments s 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft 20. Personal And Advertising Injury—Discrimination or Humiliation 21. Personal And Advertising Injury -Contractual Liability 22. Property Damage—Elevators 23. Retired Partners, Members, Directors And Employees 24. Supplementary Payments 25. Unintentional Failure To Disclose Hazards 26. Waiver of Subrogation—Blanket 27. Wrap-Up Extension: OCIP, CCIP or Consolidated(Wrap-Up) Insurance Programs 0 CNA74858XX (1-15) Policy No: 6075640222 Page 1 of 18 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 01/01/2021 Copyright CN M fthu Reserved. IndWes mp righted mamtisl of Inw=e Servic ORim.IM.,wnn iV Percussion. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a, WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through I. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage;or (b) the offense that caused the personal and advertising Injury, for which such additional insured seeks coverage. b. However, subject always to the terns and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement,or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A.through I.below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodily Injury, property damage or personal and advertising injury caused in whole or in part by the Named Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: a. in connection with the Named Insured's premises; or b. in the performance of the Named Insured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by,on behalf of, or for the Named Insured, including but not limited to: CNA74858XX (1-15) Policy No: 6075640222 Page 2 of 18 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 01/01/2021 I Copyright CNA AN RIghb Reserved. IndWes copyrighrad mat m or Insuron Services Office,Inc..with as permiubn. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and spt ifications;or 2. supervisory, inspection,architectural or engineering activities. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily Injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily Injury, 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 a Named Insured leases 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 of such land, provided that the occurrence giving rise to such bodily Injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph 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 the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, 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 coverage granted by this paragraph 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 Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured, $ H. State or Governmental Agency or Subdivision or Political Subdivisions—Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental 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 a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, 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 CNA74858XX (1-15) Policy No: G075640222 Page 3 of 18 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: (11/01/2021 Copyright W An RIghU Rasp d. Intlutles capynghled matend M Inwronce$enices O/fce,Inc.,wIN Iv pertnissbn. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. 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 governmental 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 or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. 1. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is 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 caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. ADDITIONAL INSURED—EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a. An individual, then his or her spouse is an Insured; b. A partnership or joint venture, then its partners, members and their spouses are Insureds; c. A limited liability company, then its members and managers are Insureds, or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; CNA74858XX (1-15) Policy No: 6075640222 Page 4 of 18 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 01/01/2021 Copyrghl CNA AR Rghu Reserved. Includes cepyrghted material of Insurance services Office,Inc,with as permbsbn CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement but only with respect to locations and operations covered by the additional insured endorsement's provisions,and only with respect to their respective roles within their organizations. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds. 4. BOATS Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft: This exclusion does not apply to: Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named Insured's inspection or surveying work. 5. BODILY INJURY—EXPANDED DEFINITION Under 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 sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 6. BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence,Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurers authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 7. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part;or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise,which provides coverage to such organization, or which would have CNA74858XX (1-15) Policy No: 6075640222 Page 5 of 18 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 01/01/2021 CMdghl CNA All Right.Reserved. Indudes copydglned malerWI d Insurance Services OMce.Inc,w 4s pennbslon. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision,management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation;or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or adverUsing injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. S. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 8. CONTRACTUAL LIABILITY—RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured you with permission of the owner is not an Insured contract, b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality, e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph I.does not include that part of any contract or agreement: CNA74858XX (1-15) Policy No: 6075640222 Page 6 of 18 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 01/01/2021 Copyright CNA N Riphb Reserved. bictudcs copyngtged material at Wu,arce ser ces office,Inc.,with as pemission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement (1) That indemnifies an architect,engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory,inspection, architectural or engineering activities. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses of any natural person Insured or living trust shall also be insured under this policy; provided, however, coverage is afforded to such estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community 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 or status as such, provided, however, that the spouse of a natural person Named Insured, and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses'acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY—EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily Injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. g 11. GENERAL AGGREGATE LIMITS OF INSURANCE-PER LOCATION A. A separate Location General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most the Insurer will pay for the sum of: a_ 1. All damages under Coverage A,except damages because of bodily injury or property damage included in the products-completed operations hazard, and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Location General Aggregate Limit of any other location. B. All: 1. Damages under Coverage B, regardless of the number of locations involved; CNA74858XX (1-15) Policy No: 6075640222 Page 7 of 18 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 01/01/2021 Cepynght CNA AA Rights Reserved. Indudes mpogMed mptedel d Imursnce Services Office,Inc..MI is pemussbn CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. Damages under Coverage A. caused by occurrences which cannot be attributed solely to ongoing operations at a single location, except damages because of bodily Injury or property damage included in the products-completed operations hazard;and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location, will reduce the General Aggregate Limit shown in the Declarations. C. For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision, "location" means: 1. a premises the Named Insured owns or rents; or 2. a premises not owned or rented by any Named Insured at which the Named Insured is performing operations pursuant to a contract or written agreement. If operations at such a location have been discontinued and then restarted, or if the authorized parties deviate from plans, blueprints, designs, specifications or timetables, the location will still be deemed to be the same location. For the purpose of determining the applicable aggregate limit of insurance, premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway,waterway or right-of-way of a railroad shall be considered a single location. D. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit, depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily Injury or property damage included in the products-completed operations hazard, regardless of the number of locations involved, will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE-PER LOCATION Provision shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated In the same manner as though the action were in personam against the Named Insured, 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily Injury that arises out of a health care incident: A. Under COVERAGES, Coverage A—Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2)with the following: b. This insurance applies to bodily Injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily Injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence, and CNA74858XX (1-15) Policy No: 6075640222 Page 8 of 18 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 01/01/2021 Ccpydpht CNA Ad Righb Reserved. Indudes copyrighted material of Insurance Services Office,Inc.,wtrh is permsslan. CHA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). it. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. III. to add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not be limited to claims based on an individuars race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest,criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care Incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: I. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: i� a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; CNA74858XX (1-15) Policy No: 6075640222 Page 9 of 18 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 01/01/2021 coprnght CNA M Righb Reser . Indudes copyrlghh =a rw cr Insumr servkes otlxe,Inc.,with in pertNsslon. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; I. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. it. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance,situation,transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily Injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business;and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident, b. delete Subparagraphs(a), (b), (c)and(d)of Paragraph 2.a.(1)of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance CNA74858XX (1-15) Policy No: 6075640222 Page 10 of 18 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 01/01/2021 Copyright CNA All Rlghu Reserved. Indudes a yrghl motenol d Imuronco Service.OHke.Inc.,Mm Ps permivim CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Excess Insurance (1) To the extent this insurance applies, 4 is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES/PARTNERSHIP/LIMITED LIABILITY COMPANIES A. Past Joint Ventures, Partnerships, Limited Liability Companies The following is added to WHO IS AN INSURED: If the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising Injury occurred prior to such termination date, and the personal and advertising Injury arising out of such offense, first occurred after such termination date, b, the bodily injury or property damage first occurred after such termination date. and c. there is no other valid and collectible insurance purchased specifically to insure the partnership,joint venture or limited liability company. If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) Insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Architects, Engineers And Surveyors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated(wrap-up) insurance program. B. Participation In Current Professional Joint Ventures The following is added to WHO IS AN INSURED: The Named Insured is also an Insured for participation in a current joint venture that is not named on the Declarations,but only if such joint venture meets all of the following criteria: a. Each and every one of the Named Insured's co-venturers are architectural, engineering or surveying firms only. and b. There is no other valid and collectible insurance purchased specifically to insure the joint venture. However, the Named Insured is an Insured only for the conduct of such Named Insured's business within such a joint venture. The Named Insured is not insured for liability arising out of the acts or omissions of other co- venturers, nor of their partners, members or employees. C. WHO IS AN INSURED is amended to delete its last paragraph and replace it with the foilowing: Except as provided under this Architects, Engineers And Surveyors General Liability Extension Endorsement or by the attachment of another endorsement (if any), no person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. C CNA74858XX(1-15) Policy No: 6075640222 Page 11 of 18 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 01/01/2021 Copyngnt CNA Ar Rights Reserved. Induces copycghtec m iarud of Insurance services oncce,im-with as permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 15. LEGAL LIABILITY — DAMAGE TO PREMISES I ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j.Damage to Property in its entirety and replace it with the following: This insurance does not apply to: j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, of occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to anothers property, (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care,custody or control of the Insured; (6) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's 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. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire)to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured 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 LIMITS OF INSURANCE. Paragraph (2)of this exclusion does not apply if the premises are your work. 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. Paragraphs(3)and (4)of this exclusion do not apply to property damage to: I. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs (3)and (4)does not apply to: a. property at a job site awaiting or during such property's installation,fabrication,or erection; b. property that is mobile equipment leased by an Insured; CNA74858XX (1-15) Policy No: 6075640222 Page 12 of 18 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 01/01/2021 Copydght CNA AI Rlghb Reserved. Indudes Copyrighted material of Insurance Servkas Otf",Ire.,wdh is wrmissko CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement c. property that is an auto, aircraft or watercraft; d. property in transit;or e. any portion of property damage for which the Insured has available other valid and collectible insurance,or would have such insurance but for exhaustion of its limits,or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the Contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to S. above, $25,000 is the most the Insurer vrill pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's rare, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one 9 premises while rented to the Named Insured or temporarily occupied by the Named Insured with the $ permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 &� or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or $ b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii)of the Other Insurance Condition is deleted and replaced by the following: (ii) That is properly insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY = Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. CNA74858XX (1-15) Policy No: 6075640222 Page 13 of 18 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 01/01/2021 Copyright CNA AN Rlgah Remrwcl. InCiuda!oopyrlghl C matedal of imumnc Ser&es Otr".tm.,with A pernusslon CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph S. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C for all medical expenses because of bodily Injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b)with the following: (b) The expenses are incurred and reported to the Insurer within three years of the dale of the accident;and 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2, the aircraft is rented with a trained, paid crew to the Named Insured,and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising Injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: CNA74858XX (1-15) Policy No: 6075640222 Page 14 of 18 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 01/01/2021 Copydpht CNA AI R;ghte R..e . Includes copyrighted rnetedsl of Insurance Semcos offi=.Inc.,wM rts pormission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising Injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising Injury.This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured;or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: 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. Premises Related Discrimination discrimination or humiliation arising out of 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. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement;or a attachment of an additional insured endorsement to this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: o d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b)is deleted and replaced by the following: So long as the above conditions are met, attorney's fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred CNA74858XX (1-15) Policy No: 6075640222 Page 15 of 18 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 01/01/2021 Copyright CNA All Rights Reservec. 41duoea cepyrightec material or Insurance Services Office.Inc.,v its perrussicn. CHA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement by the indemn tee at the Insurers request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY-LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B—Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE—ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d, is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION -BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations;or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: CNA74858XX (1-15) Policy No: 6075640222 Page 16 of 18 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 01/01/2021 Copyright CNA M Right Raxr . Indudes mpydghted material cf Inswanm Ser*es olfico,lr ,wah as perms— CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. is in effector becomes effective during the term of this Coverage Part;and 2. was executed prior to the bodily Injury, property damage or personal and advertising Injury giving rise to the claim. 27. WRAP-UP EXTENSION: OCIP,CCIP, OR CONSOLIDATED(WRAP-UP)INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) Insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached,then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) Insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage,or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily Injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c); This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) a Insurance program- C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) Insurance program means a construction, erection or demolition project for which the prime contractorlproject manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.)or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1, single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages,guest houses or any similar structures). However,when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. C CNA74858XX (1-15) Policy No: 6075640222 Page 17 of 18 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 01/01/2021 CapyNhl CNA AI Rights Reserved. Indudes copyrighted material of Insurance SeMcos CNCe,Inc.,wffi as permission. CAM CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74858XX(1-15) Policy No: 6075640222 Page 18 of 18 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 01/01/2021 copyright CNA AI Rights Reseivel IndWes copyrightso material of Insurance Services Office.Inc.,vnth its permission. Policy: 6075640236 SCA 23 500D09 CNA (Ed. 10/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED COVERAGE ENDORSEMENT - BA PLUS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE 1. Which are no longer in force; or A. Who Is An Insured 2. Whose limits have been exhausted. The following is added to Section II, Paragraph A.1., B. Ball Bonds and Loss of Earnings Who Is An Insured: Section II, Paragraphs A.2.a.(2) and A.2.a.(4) are 1. a. Any incorporated entity of which the Named revised as follows: Insured owns a majority of the voting stock on 1. In a.(2), the limit for the cost of bail bonds is the date of inception of this Coverage Form, increased from$2,000 to $5,000, and provided that, b. The insurance afforded by this provision A.1. 2• In a.(4), the limit for the loss of earnings is does not apply to any such entity that is an increased from$250 to$500 a day. "insured" under any other liability "policy' C. Fellow Employee providing"auto"coverage. Section II, Paragraph B.5 does not apply. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or Such coverage as is afforded by this provision C. is joint venture, and over which you maintain excess over any other collectible insurance. majority ownership interest. 11. PHYSICAL DAMAGE COVERAGE The insurance afforded by this provision A.2.: A. Towing a. Is effective on the acquisition or formation Section III. Paragraph A.2., is revised to include Light date, and is afforded only until the end of the Trucks up to 10,000 pounds G.V.W. policy period of this Coverage Form, or the next anniversary of its inception date, B. Transportation Expenses whichever is earlier. Section III, Paragraph AA.a. is revised, with respect b. Does not apply to: to transportation expense incurred by you, to provide: (1) "Bodily injury" or "property damage" a. $60 per day, in lieu of$20; subject to caused by an "accident" that occurred b. $1,800 maximum, in lieu of$600. before you acquired or formed the organization; or C. Loss of Use Expenses (2) Any such organization that is an "insured" Section III, Paragraph A.4.b. is revised, with respect g under any other liability "policy" providing to loss of use expenses incurred by you, to provide: "auto"coverage. a. $1.000 maximum, in lieu of$600. 3. Any person or organization that you are obligated D. Personal Property to provide Insurance where required by a written contract or agreement is an insured, but only with The following is added to Section III, Paragraph A.4. respect to legal responsibility for acts or omissions c We will pay up to $500 for loss to Personal of a person for whom Liability Coverage is afforded under this policy. Property which is: 4. An "employee" of yours is an "insured" while (1) Owned by an"insured"; and operating an "auto" hired or rented under a (2) In or on the covered"auto." contract or agreement in that "employee's' name. This coverage applies only in the event of a total with your permission, while performing duties 9 pp y related to the conduct of your business. (heft of your covered"auto" o "Policy," as used in this provision A. Who Is An This insurance is excess over any other collectible Insured, includes those policies that were in force on insurance and no deductible applies. the inception date of this Coverage Form but: E. Rental Reimbursement SCA 23 500D09 copyright,cNA corporation,2000. Page 1 of 3 (Ed. 10111) Includes copyrighted material of the Insurance Services Office used vdlh its permission. Policy:6075640236 SCA 23 500D09 (Ed. 10/11) The following is added to Section III,Paragraph AA.: d. The physical damage coverage as is provided d by this provision will be limited to the types of . We will pay for rental reimbursement expenses incurred b you for the rental of an"auto' because Physical damage coverage(s) provided on y y your owned"autos" of "loss" to a covered "auto." Payment applies in addition to the otherwise applicable amount of e. Such physical damage coverage for hired each coverage you have on a covered "auto" No autos"will: deductibles apply to this coverage. (1) Include loss of use, provided it is the 1. We will pay only for those expenses incurred consequence of an "accident" for which during the policy period beginning 24 hours the Named Insured is legally liable, and after the "loss" and ending, regardless of the as a result of which a monetary loss is policy's expiration, with the lesser of the sustained by the leasing or rental following number of days: concern. (a) The number of days reasonably required (2) Such coverage as is provided by this to repair or replace the covered "auto"; or, provision G.e.(1) will be subject to a limit (b) 15 days. of$750 per"accident." 2. Our payment is limited to the lesser of the G. Alrbag Coverage following amounts: The following is added to Section III, Paragraph B.3. (a) Necessary and actual expenses incurred; The accidental discharge of an airbag shall not be or, considered mechanical breakdown. (b) $25 per day subject to a maximum of H. Electronic Equipment $375. Section III, Paragraphs B.4.c and BA.d. are deleted 3. This coverage does not apply while there are and replaced by the following: spare or reserve "autos" available to you for c. Physical Damage Coverage on a covered your operations. "auto' also applies to "loss" to any 4. If "loss" results from the total theft of a permanently installed electronic equipment covered "auto" of the private passenger type, including its antennas and other accessories we will pay under this coverage only that d. A $100 per occurrence deductible applies to amount of your rental reimbursement the coverage provided by this provision. expenses which is not already provided for under the Physical Damage Coverage I. Diminution In Value Extension. The following is added to Section III, Paragraph B.6. F. Hired "Autos" Subject to the following, the "diminution in value" The following is added to Section III. Paragraph A.: exclusion does not apply to: 5. Hired"Autos" a. Any covered "auto" of the private passenger If Physical Damage coverage is provided under type you lease, hire, rent or borrow, without a this policy, and such coverage does not extend to driver for a period of 30 days or less, while Hired Autos, then Physical Damage coverage is performing duties related to the conduct of your business;and extended to: a. Any covered "auto" you lease, hire, rent or It. Any covered "auto" of the private passenger borrow without a driver;and type hired or rented by your "employee" without a driver for a period of 30 days or less, b. Any covered "auto" hired or rented by your under a contract in that individual "employee" without a driver, under a contract "employee's" name, with your permission, in that individual "employee's" name, with while performing duties related to the conduct your permission, while performing duties of your business. related to the conduct of your business. c. Such coverage as is provided by this c. The most we will pay for any one"accident" or provision is limited to a "diminution in value" "loss" is the actual cash value, cost of repair, loss arising directly out of accidental damage cost of replacement or $75,000 whichever is and not as a result of the failure to make less minus a $500 deductible for each repairs; faulty or incomplete maintenance or covered auto. No deductible applies to "loss" repairs; or the installation of substandard caused by fire or lightning. pans. SCA 23 500D09 Copyrlght.CNA Corporation,2000. Page 2 of 3 (Ed. 10/11) Includes copyrighted material of the Insurance Services Office used with Its permission. Policy:6075640236 SCA 23 500D09 (Ed. 10/11) d. The most we will pay for "loss" to a covered The following is added to Section IV, Paragraph "auto"in any one accident is the lesser of: A.2.a. (1) $5,000: or (4) Your "employees" may know of an "accident" (2) 20°/, of the "auto's" actual cash value or "loss" This will not mean that you have (ACV) such knowledge, unless such "accident" or loss" is known to you or if you are not an III. Drive Other Car Coverage—Executive Officers individual, to any of your executive officers or The following is added to Sections II and III: partners or your insurance manager. The following is added to Section IV, Paragraph 1. Any "auto" you don't own, hire or borrow is a A.2.b. covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage (6) Your "employees" may know of documents while in the care, custody or control of, any of your received concerning a claim or"suit."This will "executive officers,"except: not mean that you have such knowledge, unless receipt of such documents is known to a. An "auto" owned by that "executive officer' or you or if you are not an individual, to any of a member of that person's household; or your executive officers or partners or your b. An "auto" used by that "executive officer" insurance manager. while working in a business of selling, B. Concealment,Misrepresentation or Fraud servicing, repairing or parking"autos." The following is added to Section IV, Paragraph 8.2. Such Liability and/or Physical Damage Coverage as is afforded by this provision will be: Your failure to disclose all hazards existing on the dale 1) Equal to the realest of those coverages of inception of this Coverage Form shall not prejudice ( 9you with respect to the coverage afforded provided afforded any covered"auto";and such failure or omission is not intentional. (2) Excess over any other collectible C. Policy Period, Coverage Territory insurance. Section IV, Paragraphs 7.(5).(a). is revised to 2. For purposes of this provision, "executive officer' provide: means a person holding any of the officer positions created by your charter, constitution, by- a. 45 days of coverage in lieu of 30 days laws or any other similar governing document, IV. DEFINITIONS and, while a resident of the same household, includes that person's spouse. Section V. Paragraph C. is deleted and replaced by Such "executive officers" are "insureds' while the following: using a covered"auto"described in this provision. "Bodily injury'means bodily injury, sickness or disease IV. BUSINESS AUTO CONDITIONS sustained by a person, including mental anguish, mental injury or death resulting from any of these A. Duties In The Event Of Accident, Claim, Suit Or Loss C O SCA 23 500D09 Copyright,CNA Corporation.2000. Page 3 of 3 (Ed. 10/11) Includes copyrighted material of the Insurance Services Office used vAth Its permission. CNA71527XX CNA (Ed. 10112) ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations Any person or organization with whom you are required to add as and additional insured or primary and non- contributory on this policy under a written contract or agreement. You must agree to these contracts prior to the date of loss. 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II —LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the '.accident"for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. CNA71527XX (10/12) Policy No: 6075640236 Page 1 of 1 Endorsement No: Effective Date: 01-01-2021 Copyright CNA All Rights Reserved. A Business Auto Policy Policy Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Farm apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: ARDURRA GROUP, INC. Endorsement Effective Date: 01/01/2021 ._t�.__4,-mu, •9,'�;;, �Y s *s!i :v 3 `L v +', "Fy„trn� n,i.l'3`^t ',S� "',� SCHEDULE a 3�-l'7' d 4'a"�y'. g .x�k "-m>s ^4e.G'>R ',i"3.' ., y t3:•5c�` - `a. vie a 'u r .�` Name(sl'Of Person(sl Or Orgamzationls)• �'"3 x �Y � .' y ANY PERSON OR ORGANIZATION FOR WHOM 08 WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Form No: CA 04 44 10 13 Policy No:BUA 6075640236 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 01/01/2021 Endorsement No: 12: Page: 1 of 1 Policy Page: 75 of 345 Underwriting Company: National Fire Insurance Company of Hertford, 151 N Franklin St, Chicago, IL 60606 0 Copyright Insurance Services Office, Inc.. 2011 Workers Compensation And Employers Liability Insurance CNAPolicy Endorsement • o e e�• o • e e This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: - We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 3%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another (effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-B(11.1997) Policy No:WC 6 75640253 Endorsement Effective Date: Endorsement Expiration Data: Policy Effective Date: 0110 1/2 0 2 1 Endorsement No: 2; Page: 1 of 1 Policy Page: 34 of 50 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606 0 Copyright CNA All Rights Reserved. City of Huntington Beach 9000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ «,%�1v.huntingtonbeachca.gov rFe�•. �1.0' Office of the City Clerk ' Robin Estanislau, City Clerk December 8, 2021 Ardurra Group, Inc. Attn: Lisa M. Penna, Managing Principal 3737 Birch Street, Suite 250 Newport Beach, CA 92660 Dear Ms. Penna: Enclosed is a fully executed duplicate original of the "Professional Services Contract between the City of Huntington Beach and Ardurra Group, Inc. for Consulting Services for the Huntington Beach Harbor Review." Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan Waitakere, New Zealand