ACCEPTED CTR075511 MEDIA LIAB 09.01.24-09.01.25.pdf

PDF 3 MB Posted

Attached to
Master Agreement AZ|CTR075511
Contract number
CTR075511
Issued by
Arizona

About this file

This document is an ACORD Certificate of Liability Insurance issued for HDR Engineering, Inc., with Lloyds of London as the primary insurer. The certificate is for an on-call consultant contract with the Arizona Department of Transportation (ADOT), specifically for contract number CTR075511. The insurance covers professional liability and cyber liability, with policies effective from June 1, 2024, to June 1, 2025, and September 1, 2024, to September 1, 2025, respectively.

The contract involves HDR providing communications and public involvement services to support ADOT's transportation planning, studies, design, and construction projects. The professional liability insurance provides $2,000,000 per claim/aggregate, and the cyber liability insurance also provides $2,000,000 per claim/aggregate. The services include implementing public involvement, public information/outreach, advertising, marketing, public relations, and other communications services to support ADOT's agency functions. The certificate holder is listed as The State of Arizona/ADOT, with the contact being Kelly Greene located in Phoenix, Arizona.

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Text version

ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY)

~ 6/1/2025 2/11/2025 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(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).

PRODUCER Lockton Companies, LLC CONTACT

NAME:

444 W. 47th St., Ste. 900 PHONE I

FAX

IA/C No Extl: IA/C Nol:

Kansas City MO 64112-1906 E•MAIL

(816) 960-9000 ADDRESS:

kcasu@lockton.com INSURER/SI AFFORDING COVERAGE NAIC#

1NsuRER A : Llovds of London

INSURED HDR ENGINEERING, INC. INSURERB :

1555785 1917 SOUTH 67TH STREET INSURERC :

OMAHA NE 68106 INSURERD :

INSURERE :

INSURERF :

COVERAGES CERTIFICATE NUMBER: 21402883 REVISION NUMBER: xxxxxxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

TYPE OF INSURANCE

ADDL SUBR POLICY EFF POLICY EXP

LIMITS LTR INSD WVD POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYI

COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE $ xxxxxxx f--D CLAIMS-MADE □ OCCUR

DAMA1-:>E T111 RENTED

PREMISES Ea occurrence) $ xxxxxxx f-- MED EXP (Any one person) $ xxxxxxx PERSONAL & ADV INJURY $ xxxxxxx -

GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ xxxxxxx Fl □ PRO· □ LOG PRODUCTS • COMP/OP AGG $ xxxxxxx POLICY JECT

OTHER: $

AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT

$ xxxxxxx (Ea accident) f--

ANY AUTO BODILY INJURY (Per person) $ xxxxxxx - -OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ xxxxxxx f--

HIRED

f--

NON-OWNED PROPERTY DAMAGE

AUTOS ONLY AUTOS ONLY /Per accident\ $ xxxxxxx - - $ xxxxxxx UMBRELLA LIAB HOCCUR NOT APPLICABLE EACH OCCURRENCE $ xxxxxxx - EXCESSLIAB CLAIMS-MADE AGGREGATE $ xxxxxxx OED I I RETENTION $ $ xxxxxxx

WORKERS COMPENSATION NOT APPLICABLE I

PER I I

OTH·

STATUTE ER AND EMPLOYERS' LIABILITY Y/N

ANY PROPRIETOR/PARTNER/EXECUTIVE

E.L. EACH ACCIDENT $ xxxxxxx

OFFICER/MEMBER EXCLUDED? N/A

(Mandatory in NH) E.L. DISEASE • EA EMPLOYEE $ xxxxxxx If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE • POLICY LIMIT $ xxxxxxx

A PROFLIAB N N P1001412400 6/1/2024 6/1/2025 $2,000,000 PER CLAIM/AGO

A CYBER LIAB (INCLUDES W33560240301 9/1/2024 9/1/2025 $2,000,000 PER CLAIM/AGO

MEDIALIAB)

DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: ADOT CTR075511 ON-CALL CONSULTANT FOR COMMUNICATIONS: ON THIS ADOT ON-CALL, HDR WILL ASSIST ADOT IN IMPLEMENTING PUBLIC INVOLVEMENT, PUBLIC INFORMATION/OUTREACH, ADVERTISING, MARKETING, PUBLIC RELATIONS AND OTHER COMMUNICATIONS SERVICES TO SUPPORT TRANSPORTATION PLANNING, STUDIES, DESIGN AND CONSTRUCTION PROJECTS AND AGENCY SUPPORT FUNCTIONS.

CERTIFICATE HOLDER

21402883

THE STATE OF ARIZONA/ADOT

ATTN: KELLY GREENE

206 S. 17TH AVENUE

PHOENIX AZ 85007

ACORD 25 (2016/03)

CANCELLATION See Attachment

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

The ACORD name and logo are registered marks of ACORD

Cindy Lewis Highlight

Cindy Lewis Cyber Only

F00670 042024 ed.

Date Issued: 08-Oct-2024 11:10:50 AM

Beazley InfoSec

THIS POLICY’S LIABILITY INSURING AGREEMENTS PROVIDE COVERAGE ON A CLAIMS MADE

AND REPORTED BASIS AND APPLY ONLY TO CLAIMS FIRST MADE AGAINST THE INSURED

DURING THE POLICY PERIOD OR THE OPTIONAL EXTENSION PERIOD (IF APPLICABLE) AND

REPORTED TO THE UNDERWRITERS IN ACCORDANCE WITH THE TERMS OF THIS POLICY.

AMOUNTS INCURRED AS CLAIMS EXPENSES UNDER THIS POLICY WILL REDUCE AND MAY

EXHAUST THE LIMIT OF LIABILITY AND ARE SUBJECT TO RETENTIONS.

These Declarations along with the statements contained in the information and materials provided to the Underwriters in connection with the underwriting and issuance of this Policy, and the Policy with endorsements shall constitute the contract between the Insureds and the Underwriters.

GENERAL INFORMATION

Insurer: Syndicate 3623 at Lloyd's.

Named Insured: HDR, Inc.

Named Insured Address: 1917 South 67th Street Omaha, NE 68106

Notice of Claim, Loss or Circumstance:

Beazley Group Attn: Cyber & Tech Claims Group 45 Rockefeller Plaza, 16th Floor New York, NY 10111 cyber&techclaims@beazley.com

Administrative Notice: Beazley USA Services, Inc.

65 Memorial Road Suite 320 West Hartford, CT 06107 Tel: (860) 677-3700 Fax: (860) 679-0247

F00671 122017 ed.

The Insured may settle any Claim where the Damages, Penalties, PCI Fines, Expenses and Costs and Claims Expenses do not exceed the Retention, provided that the entire Claim is resolved and the Insured obtains a full release on behalf of all Insureds from all claimants.

Assistance and Cooperation

The Underwriters will have the right to make any investigation they deem necessary, and the Insured will cooperate with the Underwriters in all investigations, including investigations regarding coverage under this Policy and the information and materials provided to the underwriters in connection with the underwriting and issuance of this Policy. The Insured will execute or cause to be executed all papers and render all assistance as is requested by the Underwriters. The Insured agrees not to take any action which in any way increases the Underwriters’ exposure under this Policy. Expenses incurred by the Insured in assisting and cooperating with the Underwriters do not constitute Claims Expenses under the Policy.

The Insured will not admit liability, make any payment, assume any obligations, incur any expense, enter into any settlement, stipulate to any judgment or award or dispose of any Claim without the written consent of the Underwriters, except as specifically provided in the Settlement of Claims clause above. Compliance with a Breach Notice Law will not be considered an admission of liability.

Subrogation

If any payment is made under this Policy and there is available to the Underwriters any of the Insured’s rights of recovery against any other party, then the Underwriters will maintain all such rights of recovery. The Insured will do whatever is reasonably necessary to secure such rights and will not do anything after an incident or event giving rise to a Claim or Loss to prejudice such rights. If the Insured has waived its right to subrogate against a third party through written agreement made before an incident or event giving rise to a Claim or Loss has occurred, then the Underwriters waive their rights to subrogation against such third party. Any recoveries will be applied first to subrogation expenses, second to Loss paid by the Underwriters, and lastly to the Retention. Any additional amounts recovered will be paid to the Named Insured.

Other Insurance

The insurance under this Policy will apply in excess of any other valid and collectible insurance available to any Insured unless such other insurance is written only as specific excess insurance over this Policy.

Action Against the Underwriters

No action will lie against the Underwriters or the Underwriters' representatives unless and until, as a condition precedent thereto, the Insured has fully complied with all provisions, terms and conditions of this Policy and the amount of the Insured’s obligation to pay has been finally determined either by judgment or award against the Insured after trial, regulatory proceeding, arbitration or by written agreement of the Insured, the claimant, and the Underwriters.

No person or organization will have the right under this Policy to join the Underwriters as a party to an action or other proceeding against the Insured to determine the Insured’s liability, nor will the Underwriters be impleaded by the Insured or the Insured’s legal representative.

The Insured’s bankruptcy or insolvency of the Insured’s estate will not relieve the Underwriters of their obligations hereunder.

Cindy Lewis Highlight

Highlight

E14505 122020 ed.

Effective date of this Endorsement: 01-Sep-2024 This Endorsement is attached to and forms a part of Policy Number: W33560240301 Syndicate 3623 at Lloyd's. referred to in this endorsement as either the “Insurer” or the “Underwriters”

AMENDATORY ENDORSEMENT

This endorsement modifies insurance provided under the following:

Beazley InfoSec

In consideration of the premium charged for the Policy, it is hereby understood and agreed that:

1. The Data Recovery Costs insuring agreement is deleted in its entirety and replaced with the following:

Data Recovery Costs

Data Recovery Costs that the Insured Organization incurs as a direct results of a Security Breach or System Failure that the Insured first discovers during the Policy Period.

2. The definition of Additional Insured is deleted in its entirety and replaced with the following:

Additional Insured means any person or entity that the Insured Organization is required, as the result of a written agreement, to add to this Policy as an Additional Insured, provided that such written agreement is executed prior to the commission of any act for which such person or entity would be provided coverage under this Policy. Such person or entity is only provided cover to the extent the Insured Organization would have been liable and coverage would have been afforded under the terms and conditions of this Policy had such Claim been made against the Insured Organization. Additional Insured also means any other person or entity added as an Additional Insured by endorsement to this Policy.

3. The definition of Breach Notice Law is deleted in its entirety and replaced with the following:

Breach Notice Law means any law, statute, or regulation that requires notice to persons whose personal information was accessed or reasonably may have been accessed by an unauthorized person. Breach Notice Law also includes any law, statute, or regulation requiring notice of a Data Breach to be provided to governmental or regulatory authorities.

4. Part 1. of the definition of Breach Response Services is deleted in its entirety and replaced with the following:

1. for an attorney to provide necessary legal advice to the Insured Organization to evaluate its obligations pursuant to Breach Notice Laws, including advice regarding the notification of relevant government entities, or a Merchant Services Agreement and in connection with providing the Breach Response Services described below;

5. The definition of Claim is deleted in its entirety and replaced with the following:

Claim means:

1. a written demand received by any Insured for money or services, including the services of a suit or institution of regulatory or arbitration proceedings, or alternative dispute resolution proceeding;

Cindy Lewis Highlight

E14505 122020 ed.

take any action which in any way increases the Underwriters’ exposure under this Policy.

Expenses incurred by the Insured in assisting and cooperating with the Underwriters do not constitute Claims Expenses under the Policy.

The Insured will not admit liability, make any payment, assume any obligations, incur any expense, enter into any settlement, stipulate to any judgment or award or dispose of any Claim without the written consent of the Underwriters, except as specifically provided in the Settlement of Claims clause above. Compliance with a Breach Notice Law will not be considered an admission of liability.

21. Other Insurance under GENERAL CONDITIONS is deleted in its entirety and replaced with the following:

Other Insurance

The insurance under this Policy will apply in excess of any other valid and collectible insurance available to any Insured unless such other insurance is written only as specific excess insurance over this Policy.

Notwithstanding the foregoing, If the Insured has agreed in a written agreement that this Policy is primary and non-contributory relative to other collectible insurance that applies to a Claim covered under this Policy which arises solely from the Insured's unintentional act error, or omission, then this Policy is primary and the Underwriters will not seek contribution from such other collectible insurance.

22. Cancellation under GENERAL CONDITIONS is deleted in its entirety and replaced with the following:

Cancellation

This Policy may be cancelled by the Named Insured by giving written notice to the Underwriters through the entity listed for Administrative Notice in the Declarations stating when the cancellation will be effective.

This Policy may only be cancelled by the Underwriters due to non-payment of premium by mailing to the Named Insured at the address listed in the Declarations written notice stating when such cancellation will be effective. Such date of cancellation will not be less than 10 days after the date of notice.

If this Policy is cancelled in accordance with the paragraphs above, the earned premium will be computed pro rata; but the premium will be deemed fully earned if any Claim, or any circumstance that could reasonably be the basis for a Claim or Loss, is reported to the Underwriters on or before the date of cancellation. Payment or tender of unearned premium is not a condition of cancellation.

All other terms and conditions of this Policy remain unchanged.

Authorized Representative

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