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HomeMy WebLinkAboutA6902 - CEMTEK ENVIRONMENTAL INC.prings Department of Maintenance and Facilities 425 North Civic Driv Td:76() 32^ 8rO» .i\: 1 nlri i Springs, CA 92262 2 : =08; •'ITDD 760)864 952' April 26, 2018 Cemtek Environmental, Inc. Attn: Tom Kulesza 3041 South Orange Ave. Santa Ana, CA 92707 Dear Mr. Kulesza, Subject: Extension Letter per Agreement No. A6902 The referenced agreement expires June 30, 2018, and in accordance with Section 4.4 of said agreement, it may be extended by mutual written agreement of the parties. This is to inform you that we wish to extend the agreement for one (1) year, until June 30, 2019, with no additional fee increase. Additionally, the City Attorney has changed some wording in a section of the document for all our contracts, as follows: "10.3 Covenant Aoainst Discrimination" is hereby replaced in its entirety to read: In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in City contracting. Post Office Box 2743 ° Palm Springs, CA 92263-2743 « www.palmspringsca.gov The original section 10.3 read: Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, gender identity, national origin, physical or mental disability, medical condition, or ancestry. This change in the original Agreement No. A6902 needs to be agreed to here, as well. If you have any questions or concerns regarding the extension of this Agreement please contact me at your earliest convenience. Sincerely, \f. Staci/». Schafer Direaor of Maintenance & Facilities Approved by: David H. Ready, Esq. City Manager Edward Kutktn n- uCiVig City Attorney kX Anthony J. Mejia, MMC ' City Clerk Date Date a Date Please sign and return to the City of Palm Springs to agree to extending Agreement No. A6902 for one (1) year ending June 30,2019. Ty Smith, President Ingrid Slumz, ControWer ^uman Res Date Date 7 APPROVED BY CITY MM1AGER u\- Post Office Box 2743 ® Palm Springs, CA 92263-2743 ® w\v\v.palmspringsca.gov ACORCf m m CERTIFICATE OF LIABILITY INSURANCE OATE{MWOtVYYYY) 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 CERTIRCATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTiRCATE HOLDER. IMPORTANT. If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificata does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER SullivanCurtisMonroe Insurance Services 1920 Main Street Suite 600 Irvine. CA 92614 www.Sulih/anCurtisMonroe.com License U 0E63670 MktAdY — NAME: lA/c-tfo 949.250.7172 i/^.Noi: 949.852.9762 E-MAIL AOOIffiSS: INSURERIS) AFFORDING COVERAGE NAJCf INSURER AI Nautilus Insurance Comoanv 17370 INSURED Cemlek Environmental Inc. dba: CEMTEK KVB-Enertec 3041 South Orange Avenue Santa Ana CA 92707 INSURER B; Great Divide Insurance Comoanv 25224 INSURER c: Berkshire Hathawav Homesiate Ins Co 20044 INSURER 0: INSURER E: INSURER F: requirement, term or CONDITION OF ANY CONTRACT OR OTOSRDoSeMT^ TO vSuCH tSs ^ ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMSEXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS .jajg™— TYPE OF INSURANCE 'SOBKi rPOUCYEFF POLICY EXP[NSR LTR msB lecQ.POLICY NUMBER IIMMTODWYYYI IMWOWYYYYI LIMITS COMMERCIAL GENERAL UABIUTY CLAIMS-MAOE OCCUR ECP202177711 CENL AGGREGATE UMIT APPLIES PER; POUCY [7] JECT LJlOC OTHER: AUTOMOBILE LIABILITY /I ANY AUTO ~ OWNED AUTOS ONLY HIRED AUTOS ONLY BAP2025B7510 SCHEDULED AUTOS NON-OWNED AUTOS ONLY 4/1/201B 4/1/2019 EACH OCCURRENCE DAMAGE TO RENTED PREMISES lEa oecuitsnca) MED EXP (Any ond pofson) PERSONAL a ADV INJURY GENERAL AGGREGATE PROCUCTS • COMP/OP AGG 4/1/201B 4/1/2019 COMBINED SINGLE UMIT lEa aetidanU BODILY INJURY (Per petson) SOOILY INJURY (Per acodsnt) PROPERTY DAMAGE IPsr BcridefHI SI .000.000 S 100.000 S5.000 S 1.000.000 $2.000.000 S 2.000.000 ^I.OOO.OOO UMBRELLA UAB /] EXCESS UAB DEO OCCUR CLAIMS-MAOE FFX202177911 4/1/2018 4/1/2019 EACH OCCURRENCE S 5.000.000 AGGREGATE RETENTIONS S 5.000.000 Fottow Form Excess Llab s WORKERS COMPENSATION AND EMPLOYERS'LIABILITY y.^ ANYPROPRIETORff»ARTNER®<ECUTIVE OFnCERMEMSER EXCLUDED? Y(M^atoiy In NH) ' If yes. descfibe under DESCRtPnON OF OPERATIONS below CEWC925799 4/1/201B HIA Contractor's Pollution Liability Professional Liability 4/1/2019 . 1 PEff j Trfi / i STATUTE I ER E.L EACHACaPENT S 1.000.000 6 L. DISEASE . EA EMPLOYEE 51.000 000 / ECP202177711 ECP202177711 E.L. DISEASE ♦POLICY UMIT 4/1/2018 4/1/2018 14/1/2019 4/1/2019 ! Each OccSi.OOO,000 iPer Claim $1,000,000 51.000.000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD101, AdiStiontI Rimirlie Schedule. m«y be ctiaehed If men epeee It nRulrcd) RE; Service of CEMS Equipment"^e City Jrf P^rn Springs, Its officials, employees and agents are named as additional Insured per the attached endorsementsWaiver of Subrogation applies to General LiabBlty, Aulo Liability, and Workers' Comp per the attached endorsements.Insurance Is primary & non-contribuiory for Auto and General Liability per attached endorsements. CERTIFtCATE HOLDER The City of Palm Springs 425 North Civic DrivePalm Springs CA 92262 SHOUU) ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE a \/ 1 Arlan Yaftali ^ © 1988*2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) The ACORO name and logo are registered marks of ACORD 420SS7ai I CEKET j 18-19 CeKCek Environ ■ GLI/CFL/PRF/Aueo/XLS/KC j Arlan Tafcalt ! S/21/JCia 2:28:09 PM (POT) | pa^e 1 ot 9 Cemlek Environmenlal Inc. 5/23/2016 ECP202177711 04/01/2018 ENDORSEMENT This endorsemenl forms a part of the policy to which it is attached. Please read It carefully. ADDITIONAL INSURED BLANKET This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY In consideration of the premium charged and notwithstanding anything contained in this policy to the contrary, it Is hereby agreed and understood that this endorsement shall apply only to the Coverage Part(s) corresponding with the box or boxes marked below. gl COVERAGES PARTS A AND B GENERAL LIABILITY IS COVERAGE D CONTRACTORS POLLUTION LIABILITY SECTION ill—WHO IS AN INSURED is amended to include as an insured, with respect to Coverage A, B and D, any person(s) or organization(s) when you and such person(s) or organizatlon(s) have agreed in a wntten contract or written agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such written contract or written agreement must be in effect prior to the performance of your work which Is the subject of such written contract or written agreement. Such additional insured status applies only: Under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE UABILITY and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY for claims or suits resulting from: a. Your work performed for such person(s) or organizationfs) in the performance of your ongoing operations for the additional insured; or b. Your work performed for such person(s) or organizations(s) and Included in the products-completed operations hazard. Under COVERAGE D CONTRACTORS POLLUTION LIABILITY for claims or suits arising out of pollution conditions that are the result of: a. Your work performed for such person{s) or organization(s) in the performance of your ongoing operations for the additional Insured; or b. Your work performed for such per5on(s) or organizationsfs) and included in the products-completed operations hazard. With respect to damages caused by your work, as described above, the coverage provided hereunder shall be primary and not contnbuting with any other insurance available to those personfs) or organization(s) with which you have so agreed in a written contract or written agreement ALL OTHER TERMS AND CONDITIONS OF THE POUCY SHALL APPLY AND REMAIN UNCHANGED. ECP1004 08 16 <205S7ai I CEXET | 18 19 Ceitisck Environ GLI/CPL/?RP/Auto/XU;/«C | Arlan Ya'tall | 5/21/2018 2i28!09 PM (POT) | Page 2 of 9 5^3/2018 WORKERS COMPENSATION AND EMPLOYERS LIABIUTY INSURANCE POUCY WC 99 041DB (Ed. 9-14) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CAUFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. (This agreement appliea only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium Tor this endorsement shall be 2% of the total manual premium otherwise due on such remuneration. The minimum premium for this endorsement is $350. This agreement shall not operate directly or Indirectly to benefit anyone not named In the Schedule. SCHEDULE BLANKET WAIVER Person/Organization Blanket Waiver - Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. dob Oeacripllon Waiver Premium All CA Operations This endoisement changas Ihs policy to which it is attatited and Is effecdve on the dste Issued unless otherwiBa stst^f. CThe Informillon below Is required only when this muforiement le issued subsequent to pieparetlon of the pclley.) Endorsement EffscUva 4/1/2018 Policy No. CEWC925799 Endoraamont No. Insured Cemtek Envlronmenla! Ina dba: CEMTEK KVB-Enertec Premium $ Insuranoe Compsny Counterelgrted by. WC99041OB (Ed. 9-14) 420S«->ai I CEKET | 18 19 Cemtek E.nvltoa Gl.I/CPL/PRF/Auto/XLS/HC [ Atiafl Yaftall | 5/2J/2018 2:28:09 PK (PDT) 1 Page 3 ol 9 BAP202587510 5/23/2018 Cemtek Envirarunental Inc. BSUM CA 06 0213 ENDORSEMENT This endorsement forms a part of the policy to whidi tt is attached. Please read it carefully. Business Auto - Additional lnsured When Required by Contract or Agreement This endorsement modifies insurance provided under the following; BUSINESS AUTO COVERAGE FORM Section II - Liability Coverage A. - Coverage, 1. Who is an Insured, is amended to add; d. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter Into, excluding contracts or agreements for professional services, which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the Insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy; or 2. The coverage and/or limits required by said contract or agreement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Includes copyrlghled material of Insurance Services Office, Inc.. used by permission BSUM CA 06 02 13 Page 1 of 1 42056781 I CEKCT ( 18 19 Ccirsck E,nvlrea • GlI/CPL/PRF/Aulo/XLS.KC i A?l«a YAitall | 5/21/2018 2:28:09 PM (POTI | Page 4 of 9 Cemiek Environmental Inc. 5/23/2018 ECP202177711 04/01/2018 ENDORSEMENT This endorsement forms a part of the policy to which It is attached. Please read it carefully. NOTICE QFCANQEtl^lON^^ SCHEDULE Name of Personfsl or Oraanbatlonfst The City of Palm Springs 425 North Civic Drive Palm Springs OA 92262 In consideration of an additional premtuiTi of $0.00 and notwithstanding anything contained In the pcHcy to the contrary, It is hereby agreed and understood If the Company cancels this policy on or before the expiration date of the poiicy, the Company will mall or deliver to the person(8) or organlzatlon(s) shown fn the schedule above, written notice of cancellation to the address included above not less than 30 days prior to the effective date of cancellation. Proof of mailing of notice shall be sufficient proof of notice. The effective date and hour of cancellation stated in the notice shall be the end of the poiicy period. This endorsement shall not apply for the .following reasons; a. nonpayment of premium, or b. the policy Is non-renewed for any reason. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. O 2006 by BerUay Spedally Undeivnltlng Mansgen LUC. an afOlalo of NauUui tnturaneo Company and Great DMdo Inaumnea Company. AO lighla ratsrvod. e ises.2008 by tnaureneo Senicoa Offlee, lfl&, materiel used by permlatlon. eNV22f7 0707 Pago loft 'I20S6731 I CEMBT | ia-t9 Cmecek Environ • C-t/CPL/PRF/Auto/XLS/wC | Arl«a | S/33/20ia ZtJOiOS FN IPDT) | Page 5 oJ 9 Cemtek Environmental Inc. dba: CEMTEK KVB-Enertec o 05/23/2018 POLICY NUMBER: BAP202587510 IL 00 17 11 90 COMMON POLICY CONDITIONS All Coverage Parts included In this policy are subject to the following conditions. A. CANCELLATION 1. The first Named Insured shown In the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We mpv cancel this pollcv by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before, the effective date of cancelfadon if we cancd for nonpayment of premium; or b. 30 days, before the effective date of cancelfation If we cancel for any other reason. 3.We will mall or deliver our notice to the first Named Insured's last mailing address knf— *lown to us. Notice of cancellatlor] will effective date of cancellation, period will end on that date. state the The policy 5. If this pollcY IS cancellsd, we will send the first Named Insured any pramiuni refund due. II we cancel., the refund will be pro rata. If the first flamed Insured cancels, the re.fund may..be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice Is majled. proof of mailing will be sufficient proof of notice. B. CHANGES This policy contains all the agreements between you and us concerning the insurance afforded., The first .Named. Insured shown in the Declarations is authorized to make changes in ma terms of this policy with our consent. This pollcy'^s.terms can be amended or waived only by endorsement Issued by us and made a part of this policy. 0. EXAMINATION OF YOUR BOOKS AND RECORDS We rnay examine and audit your books and records .as they relate to this policy at any time dunng the policy period and up to three years afterward. INSPECTIONS AND SURVEYS 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any Inspec tions, surveys, repo.rts or recommendations we^do undertakerelate only to msurablllty and the premiums to be charged. We. do not make safety Inspections. We do not undertake to perfor.m . the duty of any person or organization to provide for the health or swety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or stan'^alr^^'^ codes or 3- Pa^iSraphs 1. and 2. of this conditionapplies not only to .us, but also to any rating, sdvispry, rate, service or sitTillar organization Which makes tnsuran<^ inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any iris^ctlons, surveys, rejxirls or recommendations we may make relative to certification, under state or municipal sta tutes, ordinences or regulations, of boilers, pressure vessels or elevators. E. PREMIUMS The first Named Insured shown In the Declara tions: 1. Is raaponsibla for the payment of all premiums; and 2. Will be the payee for any return prerruums we pay. Your rights and dutie.s under this policy may not be transferred without our vyritten consent except in the case of death of an Individual named insured. If you die, your rights, and duties will be transferred to your Jega representatives but only while acting whhln the scopa of duties as your legal, represematlve. UrrtiT your legal represenlative is appointed, anyone having proper temporary custody of your property willhave your rights and duties fcKJi only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 4I056781 I CEMCT j IB-IS Cemtek Environ • OLI/CPL/PRF/Auto/XLS/HC j Arian Yajtall j 5/33/;oia 2:39:09 PM (PDTI j Page 6 of 9 POLICY NUMBER: BAP202587510 5/23/2018 COMMERCIAL AUTO OA 04 441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) 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 Form 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: Cemtek Envtronmenlal Inc Endorsement Effective Date:4/i/20i6 SCHEDULE Neme(s) Of Personfs) Or Organlzatlon(s): AS REQUIRED BY WRITTEN CONTRACT 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(8) or organlzatlonCs} shovim In the Schedule, but only to Ihe extent that subrogation Is waived prior to the "accident" or the "loss" under a contract with that person or organization. OA 04 4410 13 ® Insurance Sen/Ices Office, Inc., 2011 Page 1 of 1 4J0S«7ai I CEHXT I 18 19 Ceotek fciviroa • OLI/CPl-/WF/Auto/*LS/WC | Arlan taftall | 5/:i/:3ia 2i:8:09 PM (PUr) | Page 7 of 9 Cemtek Environmental Inc. dba: CEMTEK KVB-Enertec BAP202587510 04/01/2018 5/23/2018 4. Loss Payment - Physical Damage Coverages At our option, we may; a. Pay for, repair or replace damaged or stolen property: b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will include the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to Impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "Insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void In any case of fraud by you at any time as It relates to this Coverage Form. It Is also void If you or any other "Insured", at any time, intentionally conceals or misrepresents a material fact conceming; a. This Coverage Form; b. The covered "auto": c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective In your state. 4. No Benefit To Bailee - Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this Coverage Form. 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary Insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which Is a "trailer" Is connected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" Is: (1) Excess while it is connected to a motor vehicle you do not own; or (2) Primary while it Is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that Is leased, hired, rented or borrowed with a driver Is not a covered "auto". 0. Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered Autos Liability Coverage Is primary for any liability assumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share Is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this Coverage Form wilt be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. OA 00 01 10 13 © Insurance Services Office, Inc.. 2011 Page 9 of 12 -tzoseisi I CEHET I 10 1» Cemtek Environ GLl/CPL/PRF/Auto/XLS/WC | Arlan Ylicsll | 4/23/2010 2:20:09 PK IPDTl | Foge 8 o! 9 O 0ECP202177711 ^ ^ 5/23/2018 04/01/2018 Cemtek Environmental Inc ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. WAIVER OF SUBROGATION It is agreed that the Company, In the event of any payment under this policy, waives its right of recovery against any Principal, but only at the specific written request of the Named insured either before or after loss, wherein such waiver has been included before toss as part of a contractual undertaking by the Named Insured. This waiver shall apply only with respect to losses occurring due to operations undertaken as per the specific contract existing between the Named insured and such Principal and shall not be construed to be a waiver with respect to other operations of such Principal In which the Named Insured has no contractual interest. No waiver of subrogation shall directly or indirectly apply to any employee, employees or agents of either the Named Insured or of the Principal, and the Company reserves its right or lien to be reimbursed from any recovery funds obtained by any injured employee. This waiver does not apply In any jurisdiction or situation where such waiver is held to be Illegal or against public policy or In any situation wherein the Principal against whom subrogation is to be waived Is found to be solely negligent. © 2006 by Beridey Specialty Underwriting Managers LLC, an affiiiale of Nautilus Insurance Company and Great Divide Insurance Company. All rights reserved. O 1985-2006 tjy Insurance Services Olfico, Inc., material used by petmissioa ENV 2004 09 06 Paaa 1 of 1 42955781 | CEHET | 18 19 Cemtek Environ • GLI/CPL/PRr/AutO/XLS/HC | Arlan YaICaII | S/23/2018 2:28:09 PK IPITTl | Page 9 o! 3