2025-01-01_CDMS_Smith_CTR072296_GAWPP.pdf

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07007 C e rt if ic a te

N o

CERTIFICATE OF LIABILITY INSURANCE

DATE(MM/DD/YYYY)

06/19/2024

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES

BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

PRODUCER

Aon Risk Services Northeast, Inc.

Boston MA Office 53 State Street Suite 2201 Boston MA 02109 USA

PHONE

(A/C. No. Ext):

E-MAIL

ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #

(866) 283-7122

INSURED 15792Underwriters At Lloyds LondonINSURER A:

19682Hartford Fire Insurance Co.INSURER B:

29459Twin City Fire Insurance CompanyINSURER C:

22357Hartford Accident & Indemnity CompanyINSURER D:

35378Evanston Insurance CompanyINSURER E:

INSURER F:

FAX

(A/C. No.): 800-363-0105

CONTACT

NAME:

CDM Smith Inc.

75 State Street Suite 701 Boston MA 02109 USA

COVERAGES CERTIFICATE NUMBER: 570106527206 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD

INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Limits shown are as requested

POLICY EXP

(MM/DD/YYYY)

POLICY EFF

(MM/DD/YYYY)

SUBR

WVD

INSR

LTR

ADDL

INSD POLICY NUMBER TYPE OF INSURANCE LIMITS

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

POLICY LOC

EACH OCCURRENCE

DAMAGE TO RENTED

PREMISES (Ea occurrence)

MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG

X

X

X X

GEN'L AGGREGATE LIMIT APPLIES PER:

$2,000,000

$1,000,000

$15,000

$2,000,000

$4,000,000

$4,000,000

B 01/01/2024 01/01/202508CSEQU4161

PRO-

JECT

OTHER:

AUTOMOBILE LIABILITY

ANY AUTO

OWNED

AUTOS ONLY

SCHEDULED

AUTOS

HIRED AUTOS

ONLY

NON-OWNED

AUTOS ONLY

BODILY INJURY ( Per person)

PROPERTY DAMAGE

(Per accident)

X

BODILY INJURY (Per accident)

$2,000,000B 01/01/2024 01/01/2025 COMBINED SINGLE LIMIT

(Ea accident)

08 UEN QU4162

EXCESS LIAB

OCCUR

CLAIMS-MADE AGGREGATE

EACH OCCURRENCE

DED

UMBRELLA LIAB

RETENTION

E.L. DISEASE-EA EMPLOYEE

E.L. DISEASE-POLICY LIMIT

E.L. EACH ACCIDENT $1,000,000

X OTH-

ER

PER STATUTED 01/01/2024 01/01/2025

AOS

08WBRQU4163C 01/01/2024 01/01/2025

$1,000,000

Y / N

(Mandatory in NH)

ANY PROPRIETOR / PARTNER /

EXECUTIVE OFFICER/MEMBER N / AN

WI

WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY

If yes, describe under DESCRIPTION OF OPERATIONS below

$1,000,000

08WNQU4160

Each ClaimPSDEF2400033 01/01/2024 01/01/2025 Professional/Claims Made $2,000,000Aggregate

Architects & Engineers Professional

A $2,000,000

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

RE: Project Name: ADEQ ASRAC Assessment and Remediation of Hazardous Substances, Project Number: Award Contract # CTR072296, Site: TBD, Description: Refer to RFP Document Attached. Contractor Insurance Requirements starting in Page 60, Solicitation Number: BPM006010, Request for Proposal under A.R.S. § 41-2534 Notice Page.

State of Arizona Department of Environmental Quality and its departments, agencies, boards, commissions, universities, officers, officials, agents and employees are included as Additional Insured in accordance with the policy provisions of the General Liability, Automobile Liability and Pollution Liability policies. General Liability, Automobile Liability and Pollution Liability policies evidenced herein are Primary and Non-Contributory to other insurance available to an the

CANCELLATIONCERTIFICATE HOLDER

AUTHORIZED REPRESENTATIVEState of Arizona Department of Environmental Quality Attn: Ana Machiche 1110 W. Washington Street Phoenix AZ 85007 USA

ACORD 25 (2016/03)

©1988-2015 ACORD CORPORATION. All rights reserved

The ACORD name and logo are registered marks of ACO

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AGENCY CUSTOMER ID:

ADDITIONAL REMARKS SCHEDULE

LOC #:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,

FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance

EFFECTIVE DATE:

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSUREDAGENCY

See Certificate Numbe

See Certificate Numbe

570106527206

570106527206

Aon Risk Services Northeast, Inc.

10518329

ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits.

INSURER

INSURER

INSURER

INSURER

INSURER(S) AFFORDING COVERAGE

Page _ of _

NAIC #

CDM Smith Inc.

TYPE OF INSURANCE

POLICY NUMBER LIMITS

OTHER

E Contractors Pollution Liability

MKLV2ENV103927 01/01/2024 01/01/2026 Ea.

Condition/Agg.

$2,000,000 Pollution Liab.

ADDL

INSD

INSR

LTR

SUBR

WVD

POLICY

EFFECTIVE

DATE

(MM/DD/YYYY)

POLICY

EXPIRATION DATE

(MM/DD/YYYY)

SIR applies per policy terms & conditions

ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

Department, its agents, officials, employees or State of Arizona Department of Environmental Quality, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of State of Arizona Department of Environmental Quality and its departments, agencies, boards, commissions, universities, officers, officials, agents and employees in accordance with the policy provisions of the General Liability, Automobile Liability, Pollution Liability and Workers' Compensation policies. Contractual Liability is included in the General Liability policy.

FORM TITLE:FORM NUMBER:

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,

ADDITIONAL REMARKS

EFFECTIVE DATE:

CARRIER NAIC CODE

POLICY NUMBER

Aon Risk Services Northeast, Inc.

NAMED INSUREDAGENCY

LOC #:

10518329 AGENCY CUSTOMER ID:

© 2008 ACORD CORPORATION. All rights reserved.

See Certificate Number:

See Certificate Number:

The ACORD name and logo are registered marks of ACORD

570106527206

570106527206

ACORD 25 Certificate of Liability Insurance Additional Description of Operations / Locations / Vehicles:

ACORD 101 (2008/01)

ADDITIONAL REMARKS SCHEDULE Page _ of _

CDM Smith Inc.

01.01.24 - 01.01.25 Professional

AGENCY CUSTOMER ID:

ADDITIONAL REMARKS SCHEDULE

LOC #:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,

FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance

EFFECTIVE DATE:

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSUREDAGENCY

See Certificate Numbe

See Certificate Numbe

Aon Risk Services Northeast, Inc.

10518329

570106527206

570106527206

Page _ of _

CDM Smith Inc.

Policy: PSDEF2400033

Beazley (Syndicates 2623/0623) - 25% BRIT (Syndicate 2987) - 25% Munitus (Syndicates 4242/457/4711/5555) - 12.5% Re/Rn (Syndicate 1458) - 10% Convex (Syndicate 1984) - 7.50% Castel Underwriting (Syndicate 2525) - 5%

Professional Policy: 42CNP31339704 National Fire & Marine Insurance Company - 15%

ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

CG 20 10 12 19

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2

ADDITIONAL INSURED – OWNERS, LESSEES OR

CONTRACTORS – SCHEDULED PERSON OR

ORGANIZATION

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your behalf;

in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above.

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:

This insurance does not apply to "bodily injury" or "property damage" occurring after:

1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or

2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

All locations as required by a written contract or agreement entered into prior to an 'occurrence' or offense

Any person or organization for whom you have agreed in a written contract or agreement, prior to an “occurrence" or offense, that such person or organization on be added as an additional insured to your policy.

08 CSE QU4161

Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19

C. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance:

If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of insurance;

whichever is less.

This endorsement shall not increase the applicable limits of insurance.

COMMERCIAL GENERAL LIABILITY

CG 20 01 12 19

CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1

PRIMARY AND NONCONTRIBUTORY –

OTHER INSURANCE CONDITION

LIQUOR LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

The following is added to the Other Insurance Condition and supersedes any provision to the contrary:

Primary And Noncontributory Insurance

This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that:

(1) The additional insured is a Named Insured under such other insurance; and

(2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.

POLICY NUMBER: 08 CSE QU4161

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

CG 24 04 12 19

CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES

POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS

SCHEDULE

Name Of Person(s) Or Organization(s):

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions:

We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above.

Where required by written contract of agreement

08 CSE QU4161

ABCDEFGHIJ

NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)

This policy is subject to the following additional If notice is mailed, proof of mailing to the last known Conditions: mailing address of the certificate holder(s) on file with A. If this policy is cancelled by the Company, other the agent of record or the Company will be sufficient than for nonpayment of premium, notice of such proof of notice.

cancellation will be provided at least thirty (30) Any notification rights provided by this endorsement days in advance of the cancellation effective date apply only to active certificate holder(s) who were to the certificate holder(s) with mailing addresses issued a certificate of insurance applicable to this on file with the agent of record or the Company. policy's term.

B. If this policy is cancelled by the Company for Failure to provide such notice to the certificate nonpayment of premium, or by the insured, notice holder(s) will not amend or extend the date the of such cancellation will be provided within (10) cancellation becomes effective, nor will it negate days of the cancellation effective date to the cancellation of the policy. Failure to send notice shall certificate holder(s) with mailing addresses on file impose no liability of any kind upon the Company or its with the agent of record or the Company. agents or representatives.

Form IH 03 13 06 11 Page 1 of 1 © 2011, The Hartford

POLICY NUMBER: 08 CSE QU4161

POLICY NUMBER: 08 UEN QU4162 COMMERCIAL AUTO

CA 20 48 10 13

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR

COVERED AUTOS LIABILITY COVERAGE

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 this endorsement.

This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: CDM Smith, Inc

Endorsement Effective Date: 01/01/2024

SCHEDULE

Name Of Person(s) Or Organization(s):

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision

A.1. IIcontained in Paragraph of Section – Covered Autos Liability Coverage in the Business Auto and

D.2.Motor Carrier Coverage Forms and Paragraph of ISection – Covered Autos Coverages of the Auto

Dealers Coverage Form.

CA 20 48 10 13 Page 1 of 1© Insurance Services Office, Inc., 2011

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ÐÑÔ×ÝÇ ÒËÓÞÛÎæ 08 UEN QU4162

Ò¿³»¼ ײ«®»¼æ CDM Smith,Inc.

Û²¼±®»³»²¬ Ûºº»½¬·ª» Ü¿¬»æ 01/01/2024 ßÍ ÎÛÏË×ÎÛÜ ÞÇ ÉÎ×ÌÌÛÒ ÝÑÒÌÎßÝÌ

POLICY NUMBER: 08 UEN QU4162

NOTICE OF CANCELLATION

TO DESIGNATED CERTIFICATE HOLDER

SCHEDULE

Number of Days Notice: Name of Certificate Holder:

Part A: _________

Mailing Address:Part B: _________

Part C: _________

C. If this policy is cancelled by the insured, notice This policy is subject to the following additional Conditions when a number of days are shown in the of such cancellation will be provided to the Schedule for any of the above Parts. certificate holder in the Schedule, within the number of days notice of the cancellation A. If this policy is cancelled by the Company, effective date, as shown in Part C.other than for nonpayment of premium, notice of such cancellation will be provided to the If notice is mailed, proof of mailing notice to the certificate holder in the Schedule, at least the certificate holder’s mailing address as shown in the number of days in advance of the cancellation Schedule will be sufficient proof of notice. If the effective date, as shown in Part A. number of days notice in the Schedule for any Part is left blank or is shown as zero, no notice will be B. If this policy is cancelled by the Company for provided to the Scheduled certificate holder under thatnonpayment of premium, notice of such Part.cancellation will be provided to the certificate holder in the Schedule within the number of Any notification rights provided by this endorsement days notice of the cancellation effective date, apply only to active certificate holder(s) who were as shown in Part B. issued a certificate of insurance applicable to this policy’s term.

Form IH 03 08 06 11 Page 1 of 1 © 2011, The Hartford

08 WN QU4160

01/01/2024

CDM Smith, Inc.

75 State Street, Suite 701 Boston, MA 02109

08 WBR QU4163

01/01/2024

CDM Smith, Inc.

75 State Street, Suite 701 Boston, MA 02109

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POLICY NUMBER: 08 UEN QU4162 AUTO

This endorsement changes the policy. Please read it carefully.

PRIMARY AND NONCONTRIBUTORY

OTHER INSURANCE CONDITION

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

GARAGE COVERAGE FORM

MOTOR CARRIER COVERAGE

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

1. Such such is a Named and under

2016 Page 1 of 1

The in the is added to the Other Auto and

2.

Forms and the Other Excess

Form and

And in the Motor Carrier

You have agreed in writing in a or that this would be and would not seek from any other to such any to the

This Form's and will not seek is to from any other to an under your policy

Policy Number PSDEF2400033

Risk Details - Wording Page 24 of 88 A0840831 28/11/2023 2:47 PM

MEMORANDUM ELEVEN BLANKET JOINT VENTURE

With effect from inception, Exclusion 7 of this Policy is deleted in its entirety and coverage hereunder extends, subject to all other policy terms and conditions, to include YOUR liability resulting from any Joint Venture involving the NAMED ASSURED.

However, in the event of the existence of any separate valid and collectible insurance applying to such 'Joint Venture,' this insurance shall apply for the benefit of YOU only in excess of any such other insurance, and if the insuring agreements of the separately issued 'Joint Venture' Policy are more restrictive, this Policy shall cover, for the benefit of YOU only, any and all differences in the insuring agreements.

Nothing herein contained shall be held to vary, alter, waive or extend any of the Schedule, Insuring Agreements, Exclusion, Conditions, or Provisions of this Policy, other than as stated herein.

Notwithstanding any of the foregoing, OUR Limit of the Liability shall not be increased and shall not exceed the limit for each claim nor for all claims in the aggregate, as set forth in this Policy.

For purposes of this Memorandum 'Joint Venture' is defined as any ‘teaming’ arrangement including, but not limited to those set up as a partnership, limited liability corporation (LLC), limited liability partnership (LLP), corporation or otherwise.

MEMORANDUM TWELVE MANILA WATER SUPPLY

With regard to the Metropolitan Waterworks and Sewerage System (MWSS), Manila, Philippines for the Manila Water Supply I and Manila Water Supply II projects, it is agreed that to the extent that DCCD Engineering Corporation signs and seals construction plans and drawings for the benefit of YOU, that for purposes of this insurance, the signatures and seals appearing on all construction plans and drawings prepared pursuant to contract with the Metropolitan Waterworks and Sewerage System (MWSS) shall be insured "PROFESSIONAL SERVICES" under this policy.

MEMORANDUM THIRTEEN LIMITED AUTHORITY TO ISSUE CERTIFICATES OF

INSURANCE

In consideration of the premium charged, it is hereby understood and agreed as follows:

1. WE authorize Aon the (“Certificate Issuer”) to issue Certificates of Insurance at YOUR request or direction. It is expressly understood and agreed that, subject to Paragraph (2) below, any Certificate of Insurance so issued shall not confer any rights upon the Certificate Holder, create any obligation on the part of US, or purport to, or be construed to, alter, extend, modify, amend, or otherwise change the terms or conditions of this Policy in any manner whatsoever. In the case of any conflict between the description of the terms and conditions of this Policy contained in any Certificate of Insurance on the one hand, and the terms and conditions of this Policy as set forth herein on the other, the termsand conditions of this Policy as set forth herein shall control.

2. Notwithstanding Paragraph (1) above, such Certificates of Insurance as are authorized under this endorsement may provide that in the event WE cancel or non-renew this Policy or in the event of a Material Change to this Policy, WE shall mail written notice of such cancellation, non-renewal, or Material Change to such Certificate Holder 30 days prior to the effective date of cancellation, non-renewal, or a Material Change, but 10 days prior to the effective date of cancellation in the event YOU have failed to pay a premium when due. YOU shall provide written notice to US of all such Certificate Holders, if any, specified in each Certificate of Insurance (i) at inception of this Policy, (ii) 90 days prior toexpiration of this Policy, and (iii) within 10 days of receipt of a written request from US.

Underwriters’ obligation to mail notice of cancellation, non-renewal, or a Material Change as provided in this paragraph shall apply solely to those Certificate Holders with respect

National Fire & Marine Insurance Company 20 December 2023 y p y p e Holders, if any, specifiedp , y, p in each Certificate of Insurance (i) at inception of this Policy, (ii) 90 days prior toexpiration( ) p y, ( ) y p of this Policy, and (iii) within 10 days of receipt of a written request from US.y ( ) y p q Underwriters’ obligation to mail notice of cancellation, non-renewal, or a Material Changeg , , g as provided in this paragraph shall apply solely to those Certificate Holders with respect

Policy Number PSDEF2400033

Risk Details - Wording Page 25 of 88 A0840831 28/11/2023 2:47 PM to whom the Assured has provided the foregoing written notice to the Underwriters.

3. It is further understood and agreed that OUR authorization of the Certificate Issuer under this memorandum is limited solely to the issuance of Certificates of Insurance and does not authorize, empower, or appoint the Certificate Issuer to act as an agent for US or bind US for any other purpose. The Certificate Issuer shall be solely responsible for any errors or omissions in connection with the issuance of any Certificate of Insurance pursuant to this memorandum

4. As used in this memorandum:

(i) Certificate of Insurance means a document issued for informational purposes only as evidence of the existence and terms of this Policy in order to satisfy YOUR contractual obligation.

(ii) Material Change means an endorsement or memorandum to or amendment of this

Policy after issuance of this Policy by US that restricts the coverage afforded to

YOU.

MEMORANDUM FOURTEEN DESIGN BUILD

It is hereby understood and agreed that on Projects for which the NAMED ASSURED, a subsidiary of the NAMED ASSURED, a subcontractor to the NAMED ASSURED, an entity under common ownership, or an entity that owns the NAMED ASSURED, performs PROFESSIONAL SERVICES and construction, erection, fabrication, installation, assembly, manufacture, or the supply of equipment or materials incorporated therein, the following Extensions and Exclusions shall apply.

1. Mitigation of Loss Extension

This Policy is extended to indemnify YOU in respect of reasonable costs and expenses necessarily incurred in respect of any action taken prior to hand-over of the contract, excess of the Self-Insured Retention, to mitigate a loss or potential loss arising out of an act, error or omission which otherwise would have been the subject of a CLAIM under this Policy.

The onus of proving a claim under this memorandum shall be upon YOU who will be obliged:

a. to give written notice to US during the Policy period of the intention to take actions that will incur such reasonable costs and expenses excess of the Self-Insured Retention, and

b. to obtain written agreement from US prior to incurring such reasonable costs and expenses, payment of which shall be at OUR sole discretion.

However, this extension shall not apply to contracts where YOU are the ultimate owner of the building and/or facility, unless specifically agreed by US.

2. Provided however this Policy shall not cover any CLAIM based upon or arising out of:

a. the acquisition of any real estate or the securing of financing for the acquisition of any real estate;

b. the advising or requiring of, or failure to advise or require or failure to maintain or procure any financing or monies for the payment of any portion of any project, or of services or labour connected with any project;

c. cost overruns or the exceeding of any budget or other cost limitation;

National Fire & Marine Insurance Company 20 December 2023 y to whom the Assured has provided the foregoing written notice to the Underwriters.