HomeMy WebLinkAbout06 - CC-5 - Attachment 1 - 2/18/2014ATTACHMENTI
CITY OF COSTA MESA
PROFESSIONAL SERVICES AGREEMENT
WITH
ONWARD ENGINEERING
THIS AGREEMENT is made and entered into this 18th day of February, 2014 ("Effective
Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and
ONWARD ENGINEERING, a California Corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent
contractor to provide on-site inspection and construction management services for various City's
Capital Improvement Program Projects, as more fully described herein; and
B. WHEREAS, Consultant - represents that it has that degree of specialized
expertise contemplated within California Government Code, Section 37103, and holds all
necessary licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for the specific services
described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in
connection with the services to be performed; and \
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of Sections 1090-1092 of the California Government Code, in the subject matter of
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described
in the City's Request for Proposal ("RFP"), attached hereto as Exhibit "A," and Consultant's
Response to City's RFP (the "Response") attached hereto as Exhibit "B", both incorporated
herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. It is understood that in the exercise of every aspect of its role, within the
scope of work, consultant will be representing the City of Costa Mesa, and all of its actions,
communications, or other work, during its employment, under this contract is under the direction
of the department. Consultant also warrants that it is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may affect
Consultant's performance of this Agreement.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to
the complete satisfaction of the City and within the hereinafter specified. Evaluations of the
work will be done by the City Manager or his designee. If the quality of work is not satisfactory,
City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the
matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is
satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation insurance and
safety in employment; and all other Federal, State and local laws and ordinances applicable to
the services required under this Agreement. Consultant shall indemnify and hold harmless City
from and against all claims, demands, payments, suits, actions, proceedings, and judgments of
every nature and description including attorneys' fees and costs, presented, brought, or
recovered against City for, or on account -of any liability under any of the above-mentioned laws,
which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage
in, nor permit its agents to engage in, discrimination in employment of persons because of their
race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital
status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of
the Government Code.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties
set forth herein shall not be delegated or assigned to any person or entity without the prior
written consent of City. Consultant may engage a subcontractor(s) as permitted by law and
may employ other personnel to perform services contemplated by this Agreement at
Consultant's sole cost and expense.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have
access to financial, accounting, statistical, and personnel data of private individuals and
employees of City. Consultant covenants that all data, documents, discussion, or other
information developed or received by Consultant or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Consultant without written authorization
by City. City shall grant such authorization if disclosure is required by law. All City data shall be
returned to City upon the termination of this Agreement. Consultant's covenant under this
Section shall survive the termination of this Agreement.
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set
forth in Exhibit "C," attached hereto and made a part of this Agreement (the "Fee Schedule").
Consultant's total compensation shall not exceed Two Hundred Thousand Dollars
($200,000.00).
/J
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2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified in the Consultant's Proposal unless the City or
the Project Manager for this Project, prior to Consultant performing the additional services,
approves such additional services in writing. It is specifically understood that oral requests
and/or approvals of such additional services or additional compensation shall be barred and are
unenforceable.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a
progress basis, but no more often than two times a month. Said invoice shall be based on the
total of all Consultant's services which have been completed to City's sole satisfaction. City shall
pay Consultant's invoice within forty-five (45) days from the date City receives said invoice.
Each invoice shall describe in detail, the services performed, the date of performance, and the
associated time for completion. Any additional services approved and performed pursuant to
this Agreement shall be designated as "Additional Services" and shall identify the number of the
authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City or its Project Manager for inspection and/or audit at mutually convenient
times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the Effective
Date of this Agreement. Said services shall be performed in strict compliance with the Project
Schedule approved by City as set forth in Exhibit "D," attached hereto and incorporated herein
by this reference. The Project Schedule may be amended by mutual agreement of the parties.
Failure to commence work in a timely manner and/or diligently pursue work to completion may
be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such
acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance
with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable
control of a party.
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of twenty four (24) months, ending on February 18, 2016, unless previously terminated
as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The termination of this Agreement shall be deemed effective upon receipt of the notice of
termination. In the event of such termination, Consultant shall immediately stop rendering
services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the date of City's written notice of termination. Compensation for work in progress shall be
3 Onward Engineering PSA 14
prorated based on the percentage of work completed as of the effective date of termination in
accordance with the fees set forth herein. In ascertaining the professional services actually
rendered hereunder up to the effective date of termination of this Agreement, consideration shall
be given to both completed work and work in progress, to complete and incomplete drawings,
and to other documents pertaining to the services contemplated herein whether delivered to the
City or in the possession of the Consultant.
4.4. Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited to,
finished or unfinished design, development and construction documents, data studies, drawings,
maps and reports, shall be delivered to the City within ten (10) days of delivery of termination
notice to Consultant, at no cost to City. Any use of uncompleted documents without specific
written authorization from Consultant shall be at City's sole risk and without liability or legal
expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and
keep in full force and effect during the life of this Agreement all of the following minimum scope
of insurance coverages with an insurance company admitted to do business in California, rated
"A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by
City:
(a) Commercial general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury or bodily
injury with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence. If such
insurance contains a general aggregate limit, it shall apply separately to
this Agreement or shall be twice the required occurrence limit.
(b) Business automobile liability for owned vehicles, hired, and non -owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence for bodily injury
and property damage.
(c) Workers' compensation insurance as required by the State of California.
Consultant agrees to waive, and to obtain endorsements from its workers'
compensation insurer waiving subrogation rights under its workers'
compensation insurance policy against the City, its officers, agents,
employees, and volunteers arising from work performed by Consultant for
the City and to require each of its subcontractors, if any, to do likewise
under their workers' compensation insurance policies.
(d) Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate. Architects' and engineers'
coverage shall be endorsed to include contractual liability. If the policy is
written as a "claims made" policy, the retro date shall be prior to the start
of the contract work. Consultant shall obtain and maintain, said E&O
liability insurance during the life of this Agreement and for three years
after completion of the work hereunder.
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5.2. Endorsements. The commercial general liability insurance policy and business
automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Costa Mesa and its elected and
appointed boards, officers, officials, agents, employees, and volunteers
are additional insureds with respect to: liability arising out of activities
performed by or on behalf of the Consultant pursuant to its contract with
the City; products and completed operations of the Consultant; premises
owned, occupied or used by the Consultant; automobiles owned, leased,
hired, or borrowed by the Consultant.."
(b) Notice: "Said policy shall not terminate, be suspended, or voided, nor
shall it be cancelled, nor the coverage or limits reduced, until thirty (30)
days after written notice is given to City.
(c) Other insurance: "The Consultant's insurance coverage shall be primary
insurance as respects the City of Costa Mesa, its officers, officials,
agents, employees, and volunteers. Any other insurance maintained by
the City of Costa Mesa shall be excess and not contributing with the
insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not
affect coverage provided to the City of Costa Mesa, its officers, officials,
agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a
deductible or self-insured retention to provide such coverage, the amount of such deductible or
self-insured retention shall be approved in advance by City. No policy of insurance issued as to
which the City is an additional insured shall contain a provision which requires that no insured
except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above, in a
form and content approved by City, prior to performing any services under this Agreement. The
certificates of insurance shall be attached hereto as Exhibit "F" and incorporated herein by this
reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement, or the extent to which Consultant
may be held responsible for payments of damages to persons or property.
6.1. Entire Agreement. This Agreement constitutes the entire Agreement between
the parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
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6.2. Representatives. The City Manager or his or her designee shall be the
representative of City for purposes of this Agreement and may issue all consents, approvals,
directives and agreements on behalf of the City, called for by this Agreement, except as
otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Proiect Managers. City shall designate a Project Manager to work directly with
Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its
agent in all consultations with City during the term of this Agreement. Consultant or its Project
Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile or mail and shall be addressed as set forth below. Such communication shall be
deemed served or delivered: a) at the time of delivery if such communication is sent by personal
delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48
hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such
communication is sent through regular United States mail.
IF TO CONSULTANT:
Onward Engineering
300 S. Harbor Blvd., Suite 814
Anaheim, CA 92805
Tel: 714-533-3050
Fax: 714-948-8978
Attn: Majdi Ataya, PE
IF TO CITY:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: 714-754-5378
Fax: 714-754-5028
Attn: Fariba Fazeli
6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by
complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit
"E" and incorporated herein by reference. Consultant's failure to conform to the requirements
set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall
be cause for immediate termination of this Agreement by City.
6.6. Attorneys' Fees. In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof.
6.7. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California.
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6.8. Assignment. Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant
of Consultant's obligation to perform all other obligations to be performed by Consultant
hereunder for the term of this Agreement.
6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify,
hold free and harmless the City, its elected officials, officers, agents and employees, at
Consultant's sole expense, from and against any and all claims, actions, suits or other legal
proceedings brought against the City, its elected officials, officers, agents and employees
arising out of the performance of the Consultant, its employees, and/or authorized
subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation
provided for hereunder shall apply without any advance showing of negligence or wrongdoing
by the Consultant, its employees, and/or authorized subcontractors, but shall be required
whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors,
omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors,
and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected
officials, officers, agents and employees based upon the work performed by the Consultant, its
employees, and/or authorized subcontractors under this Agreement, whether or not the
Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise
asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the
defense or indemnification of the City for claims, actions, complaints or suits arising out of the
sole active negligence or willful misconduct of the City. This provision shall supersede and
replace all other indemnity provisions contained either in the City's specifications or Consultant's
Proposal, which shall be of no force and effect.
6.10. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall have no power to
incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an
agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any
of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any
time, or in any manner, represent that it or any of its or employees are in any manner agents or
employees of City. Consultant shall secure, at its sole expense, and be responsible for any and
all payment of Income Tax, 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 are required, in connection with the
services to be performed hereunder. Consultant shall indemnify and hold City harmless from
any and all taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with the applicable
worker's compensation laws. City shall have the right to offset against the amount of any fees
due to Consultant under this Agreement any amount due to City from Consultant as a result of
Consultant's failure to promptly pay to City any reimbursement or indemnification arising under
this paragraph.
6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant
shall indemnify, defend, and hold harmless City for the payment of any employee and/or
employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or
7 Onward Engineering PSA 14
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and/or employee contributions for
PERS benefits.
6.12. Cooperation. In the event any claim or action is brought against City relating to
Consultant's performance or services rendered under this Agreement, Consultant shall render
any reasonable assistance and cooperation which City might require.
6.13. Ownership of Documents. All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant agrees that any such documents or
information shall not be made available to any individual or organization without the prior
consent of City. Any use of such documents for other projects not contemplated by this
Agreement, and any use of incomplete documents, shall be at the sole risk of City and without
liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from
all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting
from City's use of such documents for other projects not contemplated by this Agreement or use
of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings,
reports, documents, information, data, in any form, including but not limited to, computer tapes,
discs, files audio tapes or any other Project related items as requested by City or its authorized
representative, at no additional cost to the City.
6.14. Public Records Act Disclosure. Consultant has been advised and is aware that
this Agreement and all reports, documents, information and data, including, but not limited to,
computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors,
pursuant to this Agreement and provided to City may be subject to public disclosure as required
by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade
secrets, as that term is defined in the California Government Code Section 6254.7, and of which
Consultant informs City of such trade secret. The City will endeavor to maintain as confidential
all information obtained by it that is designated as a trade secret. The City shall not, in any way,
be liable or responsible for the disclosure of any trade secret including, without limitation, those
records so marked if disclosure is deemed to be required by law or by order of the Court.
6.15. Conflict of Interest. Consultant and its officers, employees, associates and
subconsultants, if any, will comply with all conflict of interest statutes of the State of California
applicable to Consultant's services under this agreement, including, but not limited to, the
Political Reform Act (Government Code Sections 81000, et seq.) and Government Code
Section 1090. During the term of this Agreement, Consultant and its officers, employees,
associates and subconsultants shall not, without the prior written approval of the City
Representative, perform work for another person or entity for whom Consultant is not currently
performing work that would require Consultant or one of its officers, employees, associates or
subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest
statute.
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6.16. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City's representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design
drawings, estimates and other Consultant professional services necessary to rectify and correct
the matter to the sole satisfaction of City and to participate in any meeting required with regard
to the correction.
6.17. Prohibited Employment. Consultant will not employ any regular employee of City
while this Agreement is in effect.
6.18. Order of Precedence. In the event of an inconsistency in this Agreement and
any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the
extent this Agreement incorporates by reference any provision of any document, such provision
shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the
terms and conditions of this Agreement and those of any such provision or provisions so
incorporated by reference, this Agreement shall govern over the document referenced.
6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation
and negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.20. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of City and Consultant and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.22. Construction. The parties have participated jointly in the negotiation and drafting
of this Agreement. In the event an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties
and in accordance with its fair meaning. There shall be no presumption or burden of proof
favoring or disfavoring any party by virtue of the authorship of any of the provisions of this
Agreement.
6.23. Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.24. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized
representative of the party against whom enforcement of a waiver is sought. The waiver of any
right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right
or remedy in respect to any other occurrence or event, nor shall any waiver constitute a
continuing waiver.
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6.25. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this
Agreement, based upon the substantial benefit of the bargain for any party, is materially
impaired, which determination made by the presiding court or arbitrator of competent jurisdiction
shall be binding, then both parties agree to substitute such provision(s) through good faith
negotiations.
6.26. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be construed together and
shall constitute one agreement.
6.27. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so the parties hereto are formally bound to the provisions of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their respective authorized officers, as of the date first above written.
CITY OF COSTA MESA,
A municipal corporation
Chief Executive Officer
Department Director
CONSULTANT
Signature
Name and Title
Social Security or Taxpayer ID Number
ATTEST:
City Clerk and ex -officio Clerk
of the City of Costa Mesa
Date:
Date:
Date:
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APPROVED FORM-
Date:
City Attorney
APPROVED AS TO INSURANCE:
Risk Management
APPROVED AS TO CONTENT:
Project Manager
Date:
Date:
11 Onward Engineering PSA 14
12 Onward Engineering PSA 14
November 25, 2013
CITY OF COSTA MESA
P.O. BOX 1200 • 77 FAIR DRIVE • CALIFORNIA 92628-1200
FROM THE DEPARTMENT OF PUBLIC SERVICES/ENGINEERING DIVISION
SUBJECT: REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES TO PROVIDE
STAFF SUPPORT FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM
PROJECTS
Dear Consultant:
The City of Costa Mesa is requesting a -proposal from your firm to submit resumes of candidates to
provide on-site inspection and construction management services for various City's Capital Improvement
Program Projects. The schedule is as follows:
ENGINEERING SCHEDULE DATE
1. Proposal Received by the City
2. Interviews with selected candidates
3. Award Professional Services Agreement
4. Start work
12/30/13
01/02/14 to 01/03/14
01/21/14
01/22/14
Enclosed is a Request for Proposals (RFP) to provide professional services. The proposal requirements
and the necessary professional services required by the City are stated within the RFP. The consultant
shall provide all services as requested in the RFP and stated in the submitted proposal.
CITY OF COSTA MESA CONTACT PERSON
The City of Costa Mesa contact person is Ms. Fariba Fazeli, at (714) 754-5378. Please do not contact
other staff members in reference to this RFP prior to the announcement of the award.
PROPOSAL SUBMITTAL REQUIREMENTS
Please submit three (3) copies of each candidate (up to five candidates) with their respective hourly rate
no later than 11:00 a.m., on Monday, December 30, 2013. All proposals shall be delivered or mailed to:
Si erely,
Fariba Fazeli, P. E.
City Engineer
Fariba Fazeli, P. E.
City of Costa Mesa
Public Services/Engineering
77 Fair Drive, 0 Floor
Costa Mesa, CA 92628
Mailing Address:
P.O. Box 1200, Costa Mesa, CA 92628-4193
PHONE: (714) 754-5335 FAX: (714) 754-5028 TDD: (714) 754-5244
www.costamesaca.gov
REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES TO PROVIDE STAFF
SUPPORT FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM PROJECTS
1. INTRODUCTION
In order to move forward with the City's Capital Improvement Program (CIP) projects, a
construction manager and construction inspectors are needed to oversee the completion of
Council -approved CIP projects.
The scope of work for this contract requires the consultant to provide a Professional Engineer to
oversee the construction of various CIP projects in the capacity of a Construction Manager and
construction inspectors on an as needed basis. This includes, but is not limited to, preparation of
Requests For Proposals for Professional Engineering and/or Architectural Services, review and
plan check of construction documents, review and manage consultants and/or contractors'
activities and performance, advertise projects for construction, negotiate contract change orders,
monitor project schedules, provide construction management, and administer all federally funded
projects (i.e. award package, reimbursement request, material testing and inspection, final report,
DBE and labor compliance, etc.). The consultant shall also provide one or two public works'
inspectors on an as needed basis. The inspectors must have extensive knowledge of various
public works' projects such as concrete, asphalt, storm drain, traffic signal, grading, landscaping,
irrigation, electrical, etc.
Below is a list of CIP's projects and their status:
PROJ.
PROJECT NAME AND STATUS
NO.
1
ANAHEIM/SUPERIOR STORM DRAIN AND STORMWATER MITIGATION PROJECT:
This project consists of installation of Reinforced Concrete Box on Anaheim Avenue and
Detention/Infiltration system at Lions Park.
• Complete the construction documents and advertised for construction by March 2014.
2
PACIFIC AVENUE AND CANYON DRIVE STREET IMPROVEMENT PROJECT:
This project consists of reconstruction of damaged curb & gutter, sidewalks, driveways, cross
gutters and mill and AC overlay.
• This project is being advertised for construction
• Begin construction in March 2014.
3
2013-2014 CITYWIDE STREET REHABILITATION:
This project consists of mill & AC overlay and/or slurry seal application of the streets located within
the Mesa North, Westside, Upper and Lower Bird and area around the Trinity Church
neighborhoods.
• This project is being advertised for construction
• Begin construction in March 2014.
4
2013-2014 CITYWIDE PARKWAY REPAIR AND NEW SIDEWALK CONSTRUCTION:
This project consists of citywide removal and construction of damaged curb & gutter, sidewalks,
driveways and cross gutters
• This project is being advertised for construction.
• Begin construction by January 2014.
5
2013-2014 CITYWIDE UNIMPROVED ALLEYS:
This project consists of removal of the existing pavement and construction of concrete pavement of
several alleys with concrete pavement.
• This project is being advertised for construction
0 Begin construction in March 2014.
PROJ.
PROJECT NAME AND STATUS
NO.
$1,000,000
6
2013-2014 CDBG STREET AND ALLEY IMPROVEMENT PROJECT:
Professional Liability:
This project consists of rehabilitation of alleys and streets within the CDBG area.
Additional and primary Insurance endorsements shall
• This project is being advertised for construction
• Begin construction in March 2014.
7
VICTORIAIVALLEY INTERSECTION IMPROVEMENTS:
This project consists of reconstruction of the north leg of the intersection and traffic signal
modifications.
• The construction has been awarded.
8
WEST 19' STREET IMPROVEMENTS:
This project consists of construction of a right turn lane into the Tower on 190' Street, pedestrian
signal replacements, and street light modifications. This project is federally funded.
• The construction has been awarded.
The consultant's candidates must have at least ten (10) years prior experience for similar types
of projects. All candidates will be evaluated on the basis of their expertise, prior experience on
similar projects, demonstrated competence, timely performance, ability to meet the project
schedule, and an understanding of the project.
2. CONTENT OF PROPOSAL
To maintain uniformity, your proposal must be limited to five candidates (include each
candidate's resume and hourly rate.
3. CONSULTANT SELECTION COMMITTEE
The Public Services Department of the City of Costa Mesa has established a Consultant
Selection Committee consisting of at least four (4) members from this department who have
acted in the capacity of Project Manager or Project Engineer for the City on previous similar
projects. The evaluation of each candidate will be based on the technical information and
qualifications presented in the resume, reference checks, and other information, which will be
gathered independently.
4. PROFESSIONAL SERVICES AGREEMENT
The City of Costa Mesa has a sample of the Professional Services Agreement, which is
available at the City for your review. The RFP and the consultant's proposal will be attached to
and become part of the executed agreement as exhibits.
The City will not permit reduction in the City's "Scope of Consultant Services" without written
approval.
5. INSURANCE REQUIREMENTS
General Liability:
$1,000,000
Automobile Liability:
$1,000,000
Workers Compensation and Employers' Liability:
$1,000,000
Professional Liability:
$1,000,000
Additional and primary Insurance endorsements shall
include City of Costa Mesa
F
6. SUMMARY
The City appreciates participation, and the intent of this RFP is to establish the minimum
consultant services required. Prior to awarding a contract, all insurance documents must be
submitted and approved.
0
EXHIBIT B
• -
13 Onward Engineering PSA 14
y Jane WJ.Q Gestine
CONSTRUCTION MANAGER
BS Engineering, Penn State - Registered Professional Engineer #57283 Former City of Irvine PM Staff
M.J. possesses over 36 years of solid experience in the public works sector. She places emphasis in exceeding our
clients' expectations by developing a thorough scope of work prior to contract execution. As Project Manager, MJ.
has gained effective leadership and communication skills in leading projects from inception to completion. M.J. also
has extensive experience working with Caltrans and managing project involving multiple stakeholders. As a Project
Manager, M.J. continues to utilize her diversified experience in delivering small and large CIP Projects.
WORK EXPERIENCE
LAMBERT ROAD REHABILITATION PROJECT (PHASE I&II), City of Brea
M.J. provided design engineering services for this project comprised of 3,9001f of roadway. The project
spanned from Delta Avenue to Tamarack Avenue. This project was required intense focus and acute attention
to detail as it is on a major arterial. This project required replacement of damaged curb, gutter, and sidewalk,
installing ADA compliant curbs with custom designed reinforcement, stabilizing base material and replacing
median island noses. M.J. was able to complete this project with an extensive drivability review and assessed
roadway cross -fall s relating to new ramp and driveway construction. Phase 2 of this project includes
rehabilitation of the segment of Lambert Road from Tamarack Avenue to State College Boulevard. The work
also encompasses reconstruction of curb access ramps, sidewalk improvements, and 2,000 linear feet of storm
drain improvements from Cliffwood Avenue to State College Boulevard.
MAIN ST. LAND ACQUISITION, WIDENING AND REHAB, Fed., State, County of Orange and Caltrans
M.J. Acted in a dual role for this project which has a total cost of $13 million dollars. Prior to construction, M.J.
acted as the Right -of -Way Engineer and successfully negotiated friendly purchases on 32 parcels in only 4
months. (ROW staff had previously closed 2 escrows in 7 months). During construction, she acted as the Chief
Project Manager who:
✓ Coordinated and struck a good balance between the City's required traffic alterations and the effect on
major entities, such as John Wayne Airport, the Radisson Hotel and McDonalds.
✓ Prepared Change Order recommendations and justification in a manner which received quick approval
and participation from Caltrans.
✓ Kept the project on schedule despite groundwater, utility conflicts
✓ Managed heavy traffic and plan revisions.
✓ Prepared Federal, State, and County (AHFP/SLTPP/OCTA) Financial accounting reports.
MACARTHUR BOULEVARD WIDENING & REHABILITATION, Fed., State, County of Orange and Caltrans
M.J. had dual role responsibilities on this $7 million dollar project. Prior to construction, M.J. acted as the Right -
of -Way Engineer. M.J. was able to successfully negotiate friendly purchase agreements on 7 of 8 parcels in a 3 -
month span. During construction, M.J. acted as Chief Project Manager. She quickly and cooperatively resolved
underground conflicts with the utility representatives, John Wayne Airport Authority, and the Contractor.
CULVER DRIVE & WALNUT AVENUE RESURFACING AT THE I-5 FREEWAY: State (Caltrans)
M.J. Managed both combined road program projects simultaneously. She coordinated the work of .2 different
Contractors in adjoining areas. The work was unique due to its close proximity to schools, shopping centers,
and residential street outlets. MJ. was able to successfully coordinate with all stakeholders to ensure successful
project delivery.
BARRANCA ROAD WIDENING (AHFP, SLTPP, OCTA, CALTRANS): City of Irvine & City of Tustin
As the Project Manager, M.J. amicably resolved the driveway access conflict with the Tustin MCAS commanding
personnel on this $1.6 million dollar project. M.J. saved the City of Irvine considerable amount of money on
traffic signal equipment order through negotiations.
SAND CANYON BRIDGE WIDENING & BIKE TRAIL ACROSS SAN DIEGO CREEK: City of Irvine
As the Project Manager, M.J. acted as a liaison during a standoff between Southern California Edison and the
City staff. M.J. was able to negotiate an agreement between the two parties. M.J. was able to manage this
project, expediting the design and beating the contract award deadline which gained the City $150,000 in
outside funding. Despite a rain washout of the falsework, the work was completed on schedule and on budget.
CULVER DRIVE & WALNUT AVENUE RESURFACING AT THE I-5 FREEWAY, STATE (CALTRANS)
M.J. Managed both combined road program projects simultaneously. She coordinated the work of 2 different
Contractors in adjoining areas. The work was unique due to its close proximity to schools, shopping centers,
and residential street outlets. M.J. was able to successfully coordinate with all stakeholders to ensure successful
project delivery.
MEADOWBROOK TO LAKE CONNECTION ROAD: Irvine Unified School District
As the Project Manager, M.J. was nominated for the City Manager's Cornerstone Award as a result of superior
efforts to reduce project cost on this project. M.J. visualized a future need of Irvine Unified School District
(IUSD) for water access, initiated meetings, conceived a joint design, and ultimately concluded an agreement
with IUSD to share 50%of the waterline construction costs.
WESTPARK, PHASE I & II - 880 ACRE DEVELOPMENT: Irvine Company & City of Irvine
M.J. took the lead role in expediting the Plan Check Process through the various City departments on the $5
million dollar development project. M.J. worked at an accelerated pace to meet City Council Report deadlines
and the developer's aggressive opening schedule.
HARVARD/WARNER TRAFFIC SIGNAL MODIFICATIONS: The Irvine Company & City of Irvine
M.J. managed this project and completed the work on a critically short deadline, saving a significant amount of
money for the City by gaining Contractor cooperation and implementing a rarely -used contract process.
SAN DIEGO CREEK OPEN SPACE- 11 ACRE CHANNEL HABITAT RESTORATION
As the Project Manager of this 2 mile, 11.5 acre habitat restoration project, M.J. personally found a significant
amount of design deficiencies and inaccuracies in the construction drawings that were prepared by a consulting
firm for the Developer. Worked extremely persuasively and effectively to correct all problems so as to engage in
the project construction during the permitted planting window allowed by Fish & Game. M.J. saved the project
from being postponed an additional year, saving additional costs on this $3.2 million dollar project.
. CONSTRUCTION T R
Public Works Inspector Level I Public Works Inspector Level II v Nuclear Densometer Work Traffic Signal Experience
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Chris is a Senior Construction Inspector at Onward Engineering. He has a variety of certifications and has taken
part in multiple training programs over his years of experience. Chris' experience includes a plethora of projects,
and he advocates safety and quality at the jobsite. His accuracy and efficiency in the field ensure a successful
project. Chris' work will always include making sure that the contractor is efficient with his time and acting in
the best interest of the City as their advocate in the field.
VITLO]'C7"IMA a 41,414 0 C
RESIDENTIAL AREA 1B AND ARTERIAL ZONE 7 ROAD MAINTENANCE PROJECT, Diamond Bar
Chris was the Inspector on the City of Diamond Bar's Residential Area 1B and Arterial Zone 7 Road Maintenance
Project. The project included 2.5 miles of arterials and 10.2 miles of residential and collector streets with a
construction cost of approximately $1.3 million. The scope of work included rehabilitation of the roadway
using primarily slurry seal and chip seal methods. In areas of extreme degradation, an asphalt overlay or full
width grind and replacement was recommended depending on funding availability. An Encroachment Permit
including Traffic Control Drawings for Caltrans to provide S.R. 57 Ramp Closures affected by the slurry
operations on Diamond Bar Boulevard.
BRISTOW PARK NEIGHBORHOOD REHABILITATION PROJECT, Commerce
Chris provided inspection services on this CDBG-funded project. The project was constricted by the I-5 Freeway
to the north, BNSF Railroad to the south, the City of Los Angeles Boundary to the west and the 710 Freeway to
the east. The project covered approximately 4,900 LF. The scope included: 1,350 SF of sidewalk, installing 25
new ramps and upgrading 13 ramps to meet ADA compliance, 1,610 SF of cross -gutter, replacing 25 street
signs, adjusting 25 manholes, trimming tree roots and installing barriers, and a combination of full -depth
reclamation, reconstruction and grind and overlay. The City selected cement treated base and reconstruction
as the method for rehabilitation.
ROSINI & ROSEWOOD NEIGHBORHOOD REHABILITATION PROJECT (PHASE II), Commerce
Chris provided inspection services to the City of Commerce on Phase II of this politically -sensitive residential
reconstruction project. The $1.4 million project spanned 6,960 LF of reconstruction, utilizing cement treated
base. The scope included excavating 14 inches of roadway, treating a 10 -inch section of base with cement,
adjusting 33 manholes and 19 valve lids, installing loops, and traffic striping
2010 CITYWIDE STREET REHABILITATION — ARRA PHASE I, Bell Gardens
Arterial Streets/Traffic Control/BMP Implementation
® Approx. 1 mile grind and overlay, 370,818 square feet of variable depth cold mill
® 19 ADA compliant curb ramps constructed & 21 ADA compliant curb ramp retrofits
® C&G, Drive Approach, Sidewalk, local depressions
• Localized full section removals, Installation of C MB Materials
® Base course, leveling course, ARHM cap
® Sewer and Storm Drain Manhole Adjustment, Water Valve Can Adjustment
® Traffic Signal Pull Box Adjustment, Traffic Striping, and Traffic Signal Loop Detectors
2010 CITYWIDE STREET REHABILITATION — ARRA PHASE II, Bell Gardens
® Local and Arterial Streets
® Traffic Control
® BMP Implementation
• 187,468 square feet of variable depth cold mill
• 5 ADA compliant curb ramps constructed
• 32 ADA compliant curb ramp retrofits
® Sidewalk, C&G, Alley Approach, PCC Bus Pad
• Localized full section removals, Installation of CMB Materials
• Variable Thickness Base Course, Variable Thickness ARHM Cap
2011 RAMONA "A" ROADWAY REHABILITATION— ARRA, Baldwin Park
• Arterial Streets/Traffic Control/BMP Implementation
® 200,656 square feet cold mill
® 14 ADA compliant curb ramps constructed
® 4,285 square feet of PCC Roadway
® PCC Roadway, Spandrels, C&G, Drive Approach, Sidewalk, Stamped Concrete
® Leveling Course, ARHM Cap
e Sewer and Storm Drain Manhole Adjustment, Water Valve Can Adjustment
• R&R IISNS & Repair of 16" RCP
® 16" to 24" Diameter Tree Removal
® (6) 2" Water Service Installations and Backflow Device Installations
® Upgrade of existing irrigation systems & installation of new parkway irrigation systems
BEVERLY BLVD. REHABILITATION PROJECT — ARRA, Pico Rivera
O Arterial Streets/Traffic Control/BMP Implementation
0 1.3 Miles Grind & Overlay
0 13 ADA compliant curb ramps constructed
W 3 ADA compliant curb ramp retrofits
® Clear, Grub and Grade Existing Parkway For The Installation of New Sidewalk
® C&G, A.C. Curb, Sidewalk, Drive Approach, Cross Gutter
® Localized full section removals, Installation of CMB Materials
® Base Course, Leveling Course, ARHM Cap
PASADENA AVE. STREET IMPROVEMENT PROJECT, South Pasadena
a Arterial Streets/Traffic Control/BMP Implementation
® 125,577 square feet of cold mill & 110160 square feet of Petromat Installation
0 PCC Grinding & 18" CMP R&R
EXHIBIT C
FEE SCHEDULE
14 Onward Engineering PSA 14
HOURLY RATE SCHEDULE
SECTIO\
"The hourly rates shown above are fully burdened, and include all mileage and reimbursable expenses.
These hourly rates apply to each of our two [proposed Construction Managers and three proposed Sr.
Construction Inspectors.
D OE FIRM QUALIFICATIONS &
-SECTION REFERENCES
ATLANTIC AVE. & FIRESTONE BLVD. WIDENING PROJECT, South Gate
OE provided construction management and inspection services for this project which was funded
through Measure R, Metro, and other state funding sources, which will requires the project to be
conducted, organized and reported per the Caltrans LAPM. The project limits included two arterial
streets: Atlantic Avenue from Firestone Blvd to Patata St. (1,300 LF) and Firestone Boulevard, from
Dorothy Avenue to Atlantic Ave. (2,200 LF). The project goal was to provide traffic congestion relief
and improve public services. Atlantic Avenue and Firestone Boulevard were widened at all four
corners. Additionally, roadway and public amenity improvements were completed. The project also
called for sewer, storm drain, and extensive water system improvements. Traffic signals were a key
component of this project. Community coordination was a great focus on this project. OE coordinated
with stakeholders to ensure that complaints were minimized. This project also had a heavy
environmental component. All mitigation measures listed in the EIR will be closely monitored and
reported during the life of the construction project. Of greatest concern will be storm water runoff
contamination and prevention. Finally, the project called for extensive night work and periods of 24/7
inspection where OE was responsible for providing round-the-clock inspection and construction
administration.
2011-2012 CITYWIDE RESIDENTIAL STREET REHABILITATION PROJECT, Placentia
OE provided design, CM, and inspection services to the City of Placentia for the 2012 City-wide
Residential Street Rehabilitation Project. The project was funded by a variety of sources including Gas
Tax, Proposition 1B, Measure M1, and Measure M2. Our analysis included 75 miles of roadway and
the actual design spanned 35 miles. The scope of work included rehabilitating the roadway using
primarily Type II slurry seal, chip seal, and portions of full R&R. The final design included
rehabilitating 41% of the City's residential roadways, including 109 new ADA compliant curb ramps,
5,445 tons of slurry, 105,050 square yards of chip seal, grind and overlay with 23,059 tons of AC
paving, adjusting 209 manholes and 369 water valves, and 2,363 LF of curb and gutter. OE reviewed
the City's 2011 Pavement Management Report, and completed a reconnaissance field survey to better
understand the existing pavement conditions. The field survey included walking each proposed
roadway to make recommendations for necessary localized AC R&R patches, and identify damaged
curb & gutter and uplifted, or non -ADA compliant sidewalks. OE provided a location matrix with
photographs for each recommended repair, along with our estimated budget allocation for each
location and work item. OE's initial project scope included only design. OE also communicated
extensively with residents and fielding calls, and the project was completed under budget.
f1:ll'=37
PROJECT SCHEDULE
15 Onward Engineering PSA 14
1- City Council Award: 02-18-2014
2. Start Work: 02-18-2014 As needed/on-call
3. End of Contract: 02-18-2016
EXHIBIT E
CITY COUNCIL POLICY 100-5
16 Onward Engineering PSA 14
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
1 of 3
BACKGROUND
Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation
enacted November 18, 1988, contractors and grantees of Federal funds must certify that they
will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee
of Federal funds under a variety of programs, is required to abide by this Act. The City Council
has expressed its support of the national effort to eradicate drug abuse through the creation of a
Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and
other activities in support of a drug-free community. This policy is intended to extend that effort
to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in
the workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa's commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving
funds from the City of Costa Mesa share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see
that the following provisions are included in all contracts and agreements entered into by the
City of Costa Mesa involving the disbursement of funds.
1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
Contractor's and/or sub -grantee's workplace, specifically the job site or location
included in this contract, and specifying the actions that will be taken against the
employees for violation of such prohibition;
17 Onward Engineering PSA 14
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
2 of 3
D. tstapnsning a urug-t-ree Awareness Nrogram to intorm employees about:
1. The dangers of drug abuse in the workplace;
2. Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs;
and
4. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the performance of the
contract be given a copy of the statement required by subparagraph A;
d. Notifying the employee in the statement required by subparagraph 1 A that, as a
condition of employment under the contract, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five (5) days after such conviction;
e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under
subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of
such conviction;
f. Taking one of the following actions within thirty (30) days of receiving notice under
subparagraph 1 D 2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and
including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a Federal, State, or
local health agency, law enforcement, or other appropriate agency;
18 Onward Engineering PSA 14
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE -
DRUG -FREE WORKPLACE
100-5
8-8-89
3 of 3
g. Making a good faith effort to maintain a drug-free workplace through implementation
of subparagraphs 1 A through 1 F, inclusive.
2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City
of Costa Mesa determines that:
a. Contractor and/or sub -grantee has made a false certification under paragraph 1
above;
b. Contractor and/or sub -grantee has violated the certification by failing to carry out
the requirements of subparagraphs 1 A through 1 G above;
c. Such number of employees of Contractor and/or sub -grantee have been
convicted of violations of criminal drug statutes for violations occurring in the
workplace as to indicate that the contractor and/or sub -grantee has failed to
make a good faith effort to provide a drug-free workplace.
3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy
pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment
proceeding subject to applicable Federal, State, and local laws shall be conducted.
Upon issuance of any final decision under this section requiring debarment of a
contractor and/or sub -grantee, the contractor and/or sub -grantee shall be ineligible for
award of any contract, agreement or grant from the City of Costa Mesa for a period
specified in the decision, not to exceed five (5) years. Upon issuance of any final
decision recommending against debarment of the contractor and/or sub -grantee, the
contractor and/or sub -grantee shall be eligible for compensation as provided by law.
19 Onward Engineering PSA 14
EXHIBIT F
CERTIFICATES OF INSURANCE
20 Onward Engineering PSA 14
ONWAR-1 OP ID: SF
CERTIFICATE OF LIABILITY INSURANCE
DAT01114D/YYYIry
01/14114
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 pollcy((es) must 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 949-583-0300
Solomon 8, Solomon Ins Brokers949-051-9342
Lic #OC30562
23332 Mill Creek Dr Ste 135
Laguna Hills, CA 92653
CT
CONTNAME;
PHONE
C No E AIC No):
E MAIL
ADDRESS:
INSURERS) AFFORDING COVERAGE NAIC !
Kathy Shoffeitt
INSURER A: Hartford Casualty Insurance Co 29424
INSURED Onward Engineering
INSURER B: Sentinel Insurance Company 11000
300 S. Harbor Blvd. Ste. #814
Anaheim, CA 92805
INSURERc:Oak River Insurance Compnay 34630
INSURER D: HISCOX/LIo d's Syndicate 047731
INSURER E :
X
INSURER F:
07/19/13
COVERAGES CERTIFICATE NUMBER: 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,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
/NSR
LTR
TYPE OF INSURANCE
RUJULNUtsh
POLICY NUMBER
POLICY EFF
MM/DD
MOLICY XP
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE $ 2,000,00
A
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE FKOCCUR
X
X
72SBAUV3949
07/19/13
07/19/14
PREMISES Ea occurrence $ 300,00
MED EXP (Any one person) $ 5,00
X Business Owners
PERSONAL & ADV INJURY $ 2,000,00
X No Deductible
GENERAL AGGREGATE $ 4,000,00
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS- COMP/OP AGG $ 4,000,00
X POLICY PRO -
JF T LOC
$
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT 1,000,000
Ea acadent $ >
BODILY INJURY (Per person) $
B
ANY AUTO
72UECUM6814
07/21/13
07/21/14
ALL OWNED SCHEDULED
AUTOS AUTOS
JX
HIRED AUTOS XNON-OWNED
AUTOS
BODILY INJURY (per accident) $
PROPERTY DAMAGE $
Per accidentComp:
$500 X Coll: $500
$
X UMBRELLA LIABX
OCCUR
EACH OCCURRENCE $ 1,000,00
A
EXCESS LIAB
CLAIMS -MADE
72SBAUV3949
07/29/13
07/19/14
AGGREGATE $ 1,000,000
DED I X I RETENTION $ 10,000
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
X
2200059189131
06101/13
06101/14
X WCSTATU- OTH-
CRY LIMITS I I ER
E.L. EACH ACCIDENT $ 1,000,00
E.L. DISEASE - EA EMPLOYEE $ 1,000,00
E.L. DISEASE - POLICY LIMIT $ 1,000,00
D
Professional Liab
NE111261413
08/07/13
08/07/14
Per Claim 1,000,00
lalms-Made7/24/04
DED PER CLAIM $5,000
Aggregate 1,000,00
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
RE: On Call Project Management Services/On Call Staff Augmentation for CIP
City of Costa Mesa,its elected or appointed boards, officers, agents, and
employees are included as additional insured with primary non-contributory
wording applies per the Business Liability Form SS0008,� Pagges((10-17) Waiver
of subrogation apples to *****PLEASE SEE ATTACHED NOTEPi1D***
C ITYCOS
City of Costa Mesa
attn: Fariba Fazeli
PO Box 1200
Costa Mesa, CA 92628
SHOULD 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
O 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
Policy Number: 72SBAUV3949
1:11R-111 111F
' •
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what
is and is not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words
"we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance.
The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured.
Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And
Medical Expenses Definitions.
A. COVERAGES
1. BUSINESS LIABILITY COVERAGE (BODILY
INJURY, PROPERTY DAMAGE, PERSONAL
AND ADVERTISING INJURY)
Insuring Agreement
We will pay those sums that the insured
becomes legally obligated to pay as
damages because of "bodily injury",
"property damage" or "personal and
advertising injury" to which this insurance
applies. We will have the right and duty to
defend the insured against any "suit"
seeking those damages. However, we will
have no duty to defend the insured against
any "suit" seeking damages for "bodily
injury", "property damage" or "personal and
advertising injury" to which this Insurance
does not apply.
We may, at our discretion, investigate any
"occurrence" or offense and settle any claim
or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section D. -
Liability And Medical Expenses Limits
Of Insurance; and
(2) Our right and duty to defend ends when
we have used up the applicable limit of
insurance in the payment of judgments,
settlements or medical expenses to which
this insurance applies.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Coverage
Extension - Supplementary Payments.
b. This insurance applies:
(1) To "bodily injury"
damage" only if:
and "property
(a) The "bodily injury" or "property
damage" is caused by an
"occurrence" that takes place in the
"coverage territory";
(b) The "bodily injury" or "property
damage" occurs during the policy
period; and
(c) Prior to the policy period, no insured
listed under Paragraph 1. of Section
C. — Who Is An Insured and no
"employee" authorized by you to give
or receive notice of an "occurrence"
or claim, knew that the "bodily injury"
or "property damage" had occurred,
in whole or In part. If such a listed
insured or authorized "employee"
knew, prior to the policy period, that
the "bodily injury" or "property
damage" occurred, then any
continuation, change or resumption
of such "bodily injury" or "property
damage" during or after the policy
period will be deemed to have been
known prior to the policy period.
(2) To "personal and advertising injury"
caused by an offense arising out of your
business, but only if the offense was
committed in the "coverage territory"
during the policy period.
c. "Bodily injury" or "property damage" will be
deemed to have been known to have
occurred at the earliest time when any
insured listed under Paragraph 1, of Section
C. — Who Is An Insured or any "employee"
authorized by you to give or receive notice
of an "occurrence" or claim:
(1) Reports all, or any part, of the "bodily
injury" or "property damage" to us or
any other insurer,
Form SS 00 08 04 05 Page 1 of 24
0 2005, The Hartford
BUSINESS LIABILITY COVERAGE FORM
(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
(3) Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
d. Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or
death resulting at any time from the "bodily
injury".
e. Incidental Medical Malpractice
(1) "Bodily injury" arising out of the
rendering of or failure to render
professional health care services as a
physician, dentist, nurse, emergency
medical technician or paramedic shall
be deemed to be caused by an
"occurrence", but only if:
(a) The physician, dentist, nurse,
emergency medical technician or
paramedic is employed by you to
provide such services; and
(b) You are not engaged in the
business or occupation of providing
such services.
(2) For the purpose of determining the
limits of insurance for incidental medical
malpractice, any act or omission
together with all related acts or
omissions in the furnishing of these
services to any one person will be
considered one "occurrence".
2. MEDICAL EXPENSES
Insuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an
accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or
rent; or
(3) Because of your operations;
provided that:
(1) The accident takes place in the
"coverage territory" and during the
policy period;
(2) The expenses are incurred and reported
to us within three years of the date of
the accident; and
(3) The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
b. We will make these payments regardless of
fault. These payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, x-ray and
dental services, including prosthetic
devices; and
(3) Necessary ambulance, hospital,
professional nursing and funeral
services.
3. COVERAGE EXTENSION -
SUPPLEMENTARY PAYMENTS
a. We will pay, with respect to any claim or
"suit" we investigate or settle, or any "suit"
against an insured we defend:
(1) All expenses we incur.
(2) Up to $1,000 for the cost of bail bonds
required because of accidents or traffic
law violations arising out of the use of
any vehicle to which Business Liability
Coverage for "bodily injury" applies. We
do not have to furnish these bonds.
(3) The cost of appeal bonds or bonds to
release attachments, but only for bond
amounts within the applicable limit of
insurance. We do not have to furnish
these bonds.
(4) All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or
"suit", including actual loss of earnings
up to $500 a day because of time off
from work.
(5) All costs taxed against the insured in
the "suit".
(6) Prejudgment interest awarded against
the insured on that part of the judgment
we pay. If we make an offer to pay the
applicable limit of insurance, we will not
pay any prejudgment interest based on
that period of time after the offer.
(7) All interest on the full amount of any
judgment that accrues after entry of the
judgment and before we have paid,
offered to pay, or deposited in court the
part of the judgment that is within the
applicable limit of insurance.
Any amounts paid under (1) through (7)
above will not reduce the limits of insurance.
Page 2 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
b. If we defend an insured against a "suit"
So long as the above conditions are met,
and an indemnitee of the insured is also
attorneys' fees incurred by us in the
named as a party to the "suit", we will
defense of that indemnitee, necessary
defend that indemnitee if all of the
litigation expenses incurred by us and
following conditions are met:
necessary litigation expenses incurred
(1) The "suit" against the indemnitee
by the indemnitee at our request will be
seeks damages for which the insured
paid as Supplementary Payments.
has assumed the liability of the
Notwithstanding the provisions of
indemnitee in a contract or agreement
Paragraph 1.16.(b) of Section B. —
that is an "insured contract";
Exclusions, such payments will not be
(2) This insurance applies to such liability
deemed to be damages for "bodily
assumed by the insured;
injury" and "property damage" and will
(3) The obligation to defend, or the cost of
not reduce the Limits of Insurance.
the defense of, that indemnitee, has
Our obligation to defend an insured's
also been assumed by the insured in
indemnitee and to pay for attorneys' fees
the same "insured contract";
and necessary litigation expenses as
(4) The allegations in the "suit" and the
Supplementary Payments ends when:
information we know about the
(1) We have used up the applicable limit
"occurrence" are such that no conflict
of insurance in the payment of
appears to exist between the interests
judgments or settlements; or
of the insured and the interest of the
(2) The conditions set forth above, or the
indemnitee;
terms of the agreement described in
(5) The indemnitee and the insured ask
Paragraph (6) above, are no longer met
us to conduct and control the defense
B. EXCLUSIONS
of that indemnitee against such "suit"
1. Applicable To Business Liability Coverage
and agree that we can assign the
absence of the contract or
same counsel to defend the insured
This insurance does not apply to:
and the indemnitee; and
a. Expected Or Intended Injury
(6) The indemnitee:
(1) "Bodily injury" or "property damage"
(a) Agrees in writing to:
expected or intended from the
(i) Cooperate with us in the
standpoint of the insured. This
"bodily
investigation, settlement or
exclusion does not apply to
"property
defense of the "suit";
injury" or damage" resulting
from the use of reasonable force to
(ii) Immediately send us copies of
protect persons or property; or
any demands, notices,
(2) "Personal and advertising injury" arising
summonses or legal papers
out of an offense committed by, at the
received in connection with
direction of or with the consent or
the "suit";
acquiescence of the insured with the
(iii) Notify any other insurer whose
expectation of inflicting "personal and
coverage is available to the
advertising Injury".
indemnitee; and
b. Contractual Liability
(iv) Cooperate with us with
(1) "Bodily injury" or "property damage"; or
respect to coordinating other
applicable insurance available
(2) "Personal and advertising injury"
to the indemnitee; and
for which the insured is obligated to pay
(b) Provides us with written
damages by reason of the assumption of
authorization to:
liability in a contract or agreement.
(i) Obtain records and other
This exclusion does not apply to liability
information related to the
for damages because of:
"suit"; and
(a) "Bodily injury", "property damage" or
(ll) Conduct and control the
"personal and advertising injury" that
defense of the indemnitee in
the insured would have in the
such "suit".
absence of the contract or
agreement; or
Form SS 00 08 04 05 Page 3 of 24
BUSINESS LIABILITY COVERAGE FORM
(b) "Bodily injury" or "property damage"
(b) Performing duties related to the
assumed in a contract or agreement
conduct of the insured's business, or
that is an "insured contract",
(2) The spouse, child, parent, brother or
provided the "bodily injury" or
sister of that "employee" as a
"property damage" occurs
consequence of (1) above.
subsequent to the execution of the
This exclusion applies:
contract or agreement. Solely for
the purpose of liability assumed in
(1) Whether the insured may be liable as
an "insured contract", reasonable
an employer or in any other capacity;
attorneys' fees and necessary
and
litigation expenses incurred by or for
(2) To any obligation to share damages
a party other than an insured are
with or repay someone else who must
deemed to be damages because of
pay damages because of the injury.
"bodily injury" or "property damage"
This exclusion does not apply to liability
provided:
assumed by the insured under an "insured
(t) Liability to such party for, or for
contract".
the cost of, that party's defense
f. Pollution
has also been assumed in the
same "insured contract", and
(1) "Bodily injury", "property damage" or
"Personal and advertising Injury"
(ii) Such attorneys' fees and
arising out of the actual, alleged or
litigation expenses are for
threatened discharge, dispersal,
defense of that party against a
seepage, migration, release or escape
civil or alternative dispute
of "pollutants":
resolution proceeding in which
damages to which this
(a) At or from any premises, site or
insurance applies are alleged.
location which is or was at any
time owned or occupied by, or
c. Liquor Liability
rented or loaned to any insured.
"Bodily injury" or "property damage" for
However, this subparagraph does
which any insured may be held liable by
not apply to:
reason of:
(i) "Bodily injury" if sustained within
(1) Causing or contributing to the
a building and caused by
intoxication of any person;
smoke, fumes, vapor or soot
(2) The furnishing of alcoholic beverages to
produced by or originating from
a person under the legal drinking age or
equipment that is used to heat,
underthe influence of alcohol; or
cool or dehumidify the building,
(3) Any statute, ordinance or regulation
or equipment that is used to
heat water for personal use, by
relating to the sale, gift, distribution or
the building's occupants or their
use of alcoholic beverages.
guests;
This exclusion applies only if you are in the„
(ii) Bodily injury” or property
business of manufacturing, distributing,
damage" for which you may be
selling, serving or furnishing alcoholic
held liable, if you are a
beverages.
contractor and the owner or
Compensation And Similar
d. Workers' Com p
lessee of such premises, site or
Laws
location has been added to your
Any obligation of the insured under a
policy as an additional insured
workers' compensation, disability benefits
with respect to your ongoing
or unemployment compensation law or
operations performed for that
any similar law.
additional insured at that
e. Employer's Liability
premises, site or location and
"Bodily injury" to:
such premises, site or Dation
is not and never was owned or
(1) An "employee" of the insured arising
occupied by, or rented or
out of and in the course of:
loaned to, any insured, other
(a) Employment by the insured; or
than that additional insured; or
Page 4 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(iii) "Bodily injury" or "property
released as part of the
damage" arising out of heat,
operations being performed
smoke or fumes from a
by such insured, contractor or
"hostile fire";
subcontractor;
(b) At or from any premises, site or
(ii) "Bodily injury" or "property
location which is or was at any
damage" sustained within a
time used by or for any insured or
building and caused by the
others for the handling, storage,
release of gases, fumes or
disposal, processing or treatment
vapors from materials brought
of waste;
into that building in connection
(c) Which are or were at any time
with operations being performed
transported, handled, stored,
by you or on your behalf by a
treated, disposed of, or processed
contractor or subcontractor; or
as waste by or for:
(ill) "Bodily injury" or "property
(1) Any insured; or
damage" arising out of heat,
(ii) Any person or organization for
smoke or fumes from a"hostile fire"; or
whom you may be legally
responsible;
(e) At or from any premises, site or
(d) At or from any premises, site or
location on which any insured or any
location on which any insured or
contractor or subcontractors
working directly or indirectly on any
any contractors or subcontractors
insured's behalf are performing
working directly or indirectly onoperations
if the operations are to
any insured's behalf arere
test for, monitor, dean up, remove,
performing operations if the
contain, treat, detoxify or neutralize
pollutants" are brought on or to
or in any way respond to, or assess
the premises, site or location in
the effects of, "pollutants".
connection with such operations
by such insured, contractor or
(2) Any loss, cost or expense arising out
subcontractor. However, this
of any:
subparagraph does not apply to:
(a) Request, demand, order or statutory
(1) "Bodily injury" or "property
or regulatory requirement that any
damage" arising out of the
insured or others test for, monitor,
escape of fuels, lubricants or
dean up, remove, contain, treat,
other operating fluids which are
detoxify or neutralize, or in any way
needed to perform the normal
respond to, or assess the effects of,
electrical, hydraulic or
"pollutants"; or
mechanical functions
(b) Claim or suit by or on behalf of a
necessary for the operation of
governmental authority for
"mobile equipment" or its parts,
damages because of testing for,
if such fuels, lubricants or other
monitoring, cleaning up, removing,
operating fluids escape from a
containing, treating, detoxifying or
vehicle part designed to hold,
neutralizing, or in any way
store or receive them. This
responding to, or assessing the
exception does not apply if the
effects of, "pollutants".
"bodily injury" or "property
However, this paragraph does not
damage" arises out of the
apply to liability for damages because
intentional discharge, dispersal
of "property damage" that the insured
or release of the fuels,
would have in the absence of such
lubricants or other operating
request, demand, order or statutory or
fluids, or if such fuels,
regulatory requirement, or such claim
lubricants or other operating
or "suit" by or on behalf of a
fluids are brought on or to the
governmental authority.
premises, site or location with
the intent that they be
discharged, dispersed or
Form SS 00 08 04 05 Page 5 of 24
BUSINESS LIABILITY COVERAGE FORM
g. Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto"
or watercraft owned or operated by or rented
or loaned to any insured. Use includes
operation and "loading or unloading".
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
maintenance, use or entrustment to others of
any aircraft, "auto" or watercraft that is
owned or operated by or rented or loaned to
any insured.
(2) The use of "mobile equipment" in, or
while in practice or preparation for, a
prearranged racing, speed or
demolition contest or in any stunting
activity.
I. War
This exclusion does not apply to:
(1) A watercraft while ashore on premises
you own or rent;
(2) A watercraft you do not own that is: )
(a) Less than 51 feet long; and
(b) Not being used to carry persons
for a charge;
(3) Parking an "auto" on, or on the ways
next to, premises you own or rent,
provided the "auto" is not owned by or
rented or loaned to you or the insured;
(4) Liability assumed under any "insured
contract" for the ownership,
maintenance or use of aircraft or
watercraft;
(5) 'Bodily injury" or "property damage"
arising out of the operation of any of
the equipment listed in Paragraph f.(2)
or f.(3) of the definition of "mobile
equipment"; or
(6) An aircraft that is not owned by any
insured and is hired, chartered or loaned
with a paid crew. However, this
exception does not apply if the insured
has any other insurance for such "bodily
injury" or "property damage", whether
the other insurance is primary, excess,
contingent or on any other basis.
h. Mobile Equipment
"Bodily injury" or "property damage"
arising out of:
(1) The transportation of "mobile equipment"
by an "auto" owned or operated by or
rented or loaned to any insured; or
"Bodily injury", "property damage" or
"personal and advertising injury", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war,
(2) Warlike action by a military force,
including action in hindering or
defending against an actual or
expected attack, by any government,
sovereign or other authority using
military personnel or other agents; or
(3) Insurrection, rebellion, revolution,
usurped power, or action taken by
governmental authority In hindering or
defending against any of these.
Professional Services
"Bodily injury", "property damage" or
"personal and advertising injury" arising
out of the rendering of or failure to render
any professional service. This includes
but is not limited to:
(1) Legal, accounting or advertising
services;
(2) Preparing, approving, or failing to
prepare or approve maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications;
(3) Supervisory, inspection, architectural
or engineering activities;
(4) Medical, surgical, dental, x-ray or
nursing services treatment, advice or
instruction;
(5) Any health or therapeutic service
treatment, advice or instruction;
(6) Any service, treatment, advice or
instruction for the purpose of
appearance or skin enhancement, hair
removal or replacement or personal
grooming;
(7) Optical or hearing aid services
including the prescribing, preparation,
fitting, demonstration or distribution of
ophthalmic lenses and similar
products or hearing aid devices;
Page 6 of 24 Form SS 00 08 04 05
(8) Optometry or optometric services
including but not limited to examination
of the eyes and the prescribing,
preparation, fitting,demonstration or
distribution of ophthalmic lenses and
similar products;
(9) Any:
(a) Body piercing (not including ear
piercing);
(b) Tattooing, including but not limited
to the insertion of pigments into or
under the skin; and
(c) Similar services;
(10) Services in the practice of pharmacy;
and
(11) Computer consulting, design or
programming services, including web
site design.
Paragraphs (4) and (5) of this exclusion do
not apply to the Incidental Medical
Malpractice coverage afforded under
Paragraph 1.e. in Section A. - Coverages.
k. Damage To Property
"Property damage" to:
(1) Property you own, rent or occupy,
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 another's property;
(2) Premises you sell, give away or
abandon, if the "property damage" arises
out of any part of those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody
or control of the insured;
(5) That particular part of real property on
which you or any contractors or
subcontractors working directly or
indirectly on your 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.
BUSINESS LIABILITY COVERAGE FORM
Paragraphs (1), (3) and (4) of this
exclusion do not apply to "property
damage" (other than damage by fire) to
premises, including the contents of such
premises, rented to you 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
Section D. - Limits Of insurance.
Paragraph (2) of this exclusion does not
apply if the premises are "your work" and
were never occupied, rented or held for
rental by you.
Paragraphs (3) and (4) of this exclusion do
not apply to the use of elevators.
Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.
Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" to
borrowed equipment while not being used
to perform operations at a job site.
Paragraph (6) of this exclusion does not
apply to "property damage" included in the
"products -completed operations hazard".
1. Damage To Your Product
"Property damage" to "your product"
arising out of it or any part of it.
m. Damage To Your Work
"Property damage" to "your work" arising
out of it or any part of it and included in the
"products -completed operations hazard".
This exclusion does not apply if the
damaged work or the work out of which
the damage arises was performed on your
behalf by a subcontractor.
n. Damage To Impaired Property Or
Property Not Physically Injured
"Property damage" to "impaired property"
or property that has not been physically
injured, arising out of:
(1) A defect, deficiency, inadequacy or
dangerous condition in "your product"
or "your work"; or
(2) A delay or failure by you or anyone
acting on your behalf to perform a
contract or agreement in accordance
with its terms.
This exclusion does not apply to the loss
of use of other property arising out of
sudden and accidental physical injury to
"your product" or "your work" after it has
been put to its intended use.
Form SS 00 08 04 05 Page 7 of 24
BUSINESS LIABILITY COVERAGE FORM
o. Recall Of Products, Work Or Impaired
(c) Title of any literary or artistic work;
Property
(8) Arising out of an offensecommitted by
Damages claimed for any loss, cost or
an insured whose business is:
expense incurred by you or others for the
(a) Advertising, broadcasting,
loss of use, withdrawal, recall, inspection,
publishing or telecasting;
repair, replacement, adjustment, removal
(b) Designing or determining content
or disposal of:
of web sites for others; or
(1) "Your product";
(c) An Internet search, access,
(2) "Your work"; or
content or service provider.
(3) "Impaired property";
However, this exclusion does not
if such product, work or property is
apply to Paragraphs a., b. and c.
withdrawn or recalled from the market or
under the definition of "personal and
from use by any person or organization
advertising injury" in Section G. —
because of a known or suspected defect,
Liability And Medical Expenses
deficiency, inadequacy or dangerous
Definitions.
condition in it.
For the purposes of this exclusion,
p. Personal And Advertising Injury
placing an "advertisement" for or
"Personal and advertising injury":
linking to others on your web site, by
(1) Arising out of oral, written or electronic
itself, is not considered the business
publication of material, if done by or at
of advertising, broadcasting,
the direction of the insured with
publishing or telecasting;
knowledge of its falsity;
(S) Arising out of an electronic chat room
(2) Arising out of oral, written or electronic
or bulletin board the insured hosts,
publication of material whose first
owns, or over which the insured
exercises control;
publication took place before the
beginning of the policy period;
(10) Arising out of the unauthorized use of
(3) Arising out of a criminal act committed
another's name or product in your e-mail
by or at the direction of the insured;
address, domain name or metatags, or
any other similar tactics to mislead
(4) Arising out of any breach of contract,
another's potential customers;
except an implied contract to use
"advertising
(11) Arising out of the violation of a
another's idea" in your
person's right of privacy created by
advertisement ,
any state or federal act.
(5) Arising out of the failure of goods,
However, this exclusion does not
products or services to conform with
apply to liability for damages that the
any statement of quality or
insured would have in the absence of
performance made in your
such state or federal act;
"advertisement";
(6) Arising out of the wrong description of
(12) Arising out of:
the price of goods, products or services;
(a) An "advertisement" for others on
(7) Arising out of any violation of any
your web site;
intellectual property rights such as
(b) Placing a link to a web site of
copyright, patent, trademark, trade
others on your web site;
name, trade secret, service mark or
(c) Content from a web site of others
other designation of origin or
displayed within a frame or bonier
authenticity.
on your web site. Content includes
However, this exclusion does not
information, code, sounds, text,
apply to infringement, in your
graphics or images; or
"advertisement', of
(d) Computer code, software or
(a) Copyright;
programming used to enable:
(b) Slogan, unless the slogan is also
(I) Your web site; or
a trademark, trade name, service
(ii) The presentation or functionality
mark or other designation of origin
of an "advertisement" or other
or authenticity; or
content on your web site;
Page 8 of 24 Form SS 00 08 04 05
(13) Arising out of a violation of any anti-
trust law;
(14) Arising out of the fluctuation in price or
value of any stocks, bonds or other
securities; or
(15) Arising out of discrimination or
humiliation committed by or at the
direction of any "executive officer",
director, stockholder, partner or
member of the insured.
q. Electronic Data
Damages arising out of the loss of, loss of
use of, damage to, corruption of, inability
to access, or inability to manipulate
"electronic data".
r. Employment -Related Practices
"Bodily injury" or "personal and advertising
injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's
employment; or
(c) Employment-related practices,
policies, acts or omissions, such as
coercion, demotion, evaluation,
reassignment, discipline,
defamation, harassment, humiliation
or discrimination directed at that
person; or
(2) The spouse, child, parent, brother or
sister of that person as a
consequence of "bodily injury" or
"personal and advertising injury" to the
person at whom any of the
employment-related practices
described in Paragraphs (a), (b), or (c)
above is directed.
This exclusion applies:
(1) Whether the insured may be liable as
an employer or in any other capacity;
and
(2) To any obligation to share damages
with or repay someone else who must
pay damages because of the injury.
s. Asbestos
(1) "Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the "asbestos hazard".
(2) Any damages, judgments, settlements,
loss, costs or expenses that:
BUSINESS LIABILITY COVERAGE FORM
(a) May be awarded or incurred by
reason of any claim or suit
alleging actual or threatened injury
or damage of any nature or kind to
persons or property which would
not have occurred in whole or in
part but for the "asbestos hazard";
(b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or
others test for, monitor, clean up,
remove, encapsulate, contain,
treat, detoxify or neutralize or in
any way respond to or assess the
effects of an "asbestos hazard"; or
(c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
t. Violation Of Statutes That Govern E-
Malis, Fax, Phone Calls Or Other
Methods Of Sending Material Or
Information
"Bodily injury", "property damage", or
"personal and advertising injury" arising
directly or indirectly out of any action or
omission that violates or is alleged to
violate:
(1) The Telephone Consumer Protection
Act (TCPA), including any amendment
of or addition to such law;
(2) The CAN -SPAM Act of 2003, including
any amendment of or addition to such
law; or
(3) Any statute, ordinance or regulation,
other than the TCPA or CAN -SPAM Act
of 2003, that prohibits or limits the
sending, transmitting, communicating or
distribution of material or information.
Damage To Premises Rented To You —
Exception For Damage By Fire, Lightning
or Explosion
Exclusions c. through h. and k. through o. do
not apply to damage by fire, lightning or
explosion to premises rented to you or
temporarily occupied by you with permission of
the owner. A separate Limit of Insurance
applies to this coverage as described in
Section D. - Liability And Medical Expenses
Limits Of Insurance.
Form SS 00 08 04 05 Page 9 of 24
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of
premises you own or rent that the person
normally occupies.
d. Workers' Compensation And Similar
Laws
To a person, whether or not an
"employee" of any insured, if benefits for
the "bodily injury" are payable or must be
provided under a workers' compensation
or disability benefits law or a similar law.
e. Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports or athletic
contests.
f. Products -Completed Operations Hazard
Included with the "products -completed
operations hazard".
g. Business Liability Exclusions
Excluded under Business Liability Coverage.
C. WHO IS AN INSURED
1. If you are designated in the Declarations as;
a. An individual, you and your spouse are
insureds, but only with respect to the
conduct of a business of which you are the
sole owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c. A limited liability company, you are an
insured. Your members are also insureds,
but only with respect to the conduct of your
business. Your managers are insureds, but
only with respect to their duties as your
managers.
d. An organization other than a partnership,
joint venture or limited liability company, you
are an insured. Your "executive officers" and
directors are insureds, but only with respect
to their duties as your officers or directors.
Your stockholders are also insureds, but only
with respect to their liability as stockholders.
e. A trust, you are an insured. Your trustees
are also insureds, but only with respect to
their duties as trustees.
2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either your "executive officers" (if you
are an organization other than a
partnership, joint venture or limited liability
company) or your managers (if you are a
limited liability company), but only for acts
within the scope of their employment by
you or while performing duties related to
the conduct of your business.
However, none of these "employees" or
"volunteer workers" are insureds for:
(1) "Bodily injury" or "personal and
advertising injury":
(a) To you, to your partners or
members (if you are a partnership
or joint venture), to your members
(if you are a limited liability
company), or to a co -"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other
"volunteer workers" while
performing duties related to the
conduct of your business;
(b) To the spouse, child, parent,
brother or sister of that co -
"employee" or that "volunteer
worker" as a consequence of
Paragraph (1)(a) above;
(c) For which there is any obligation
to share damages with or repay
someone else who must pay
damages because of the injury
described in Paragraphs (1)(a) or
(b) above; or
(d) Arising out of his or her providing
or failing to provide professional
health care services.
If you are not in the business of
providing professional health care
services, Paragraph (d) does not apply
to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.
(2) "Property damage" to property:
(a) Owned, occupied or used by,
Page 10 of 24 Form SS 00 08 04 05
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has
been appointed.
d. Legal Representative ff You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative wilt have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the and of the
policy period, whichever is earlier; and
BUSINESS LIABILITY COVERAGE FORM
b. Coverage under this provision does not
apply to:
(1) 'Bodily injury" or "property damage"
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
4. Operator Of Mobile Equipment
With respect to "mobile equipment/ registered In
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co -"employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to cavy persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.
However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co -"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
Form SS 00 08 04 05 Page 11 of 24
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
(e) Any failure to make such
permit issued by a state or political
Inspections, adjustments, tests or
subdivision, that such person or organization
servicing as the vendor has
be added as an additional insured on your
agreed to make or normally
policy, provided the injury or damage occurs
undertakes to make in the usual
subsequent to the execution of the contract or
course of business, in connection
agreement, or the issuance of the permit.
with the distribution or sale of the
A person or organization is an additional
products;
insured under this provision only for that
(f) Demonstration, installation,
period of time required by the contract,
servicing or repair operations,
agreement or permit.
except such operations performed
at the vendor's premises in
However, no such person or organization is an
connection with the sale of the
additional insured under this provision if such
product;
person or organization is included as an
additional insured by an endorsement issued
(g) Products which, after distribution
by us and made a part of this Coverage Part,
or sale by you, have been labeled
including all persons or organizations added
or relabeled or used as a
as additional insureds under the specific
container, part or ingredient of any
additional insured coverage grants in Section
other thing or substance by or for
F. — Optional Additional Insured Coverages.
the vendor, or
a. Vendors
(h) "Bodily injury" or "property
damage" arising out of the sole
Any person(s) or organization(s) (referred to
negligence of the vendor for its
below as vendor), but only with respect to
own acts or omissions or those of
"bodily injury" or "property damage" arising
its employees or anyone else
out of 'your products" which are distributed
acting on its behalf. However, this
or sold in the regular course of the vendor's
exclusion does not apply to:
business and only if this Coverage Part
"bodily
(i) The exceptions contained {n
provides coverage for injury" or
Subparagraphs {d) or (f); or
"property damage" included within the
"products -completed operations hazard".
(11) Such Inspections, adjustments,
(1) The insurance afforded to the vendor
tests or servicing as the vendor
is subject to the following additional
has agreed to make or normally
exclusions:
undertakes to make in the usual
course of business, in
This insurance does not apply to:
connection with the distribution
(a) "Bodily injury" or "property
or sale of the products.
damage" for which the vendor is
(2) This insurance does not apply to any
obligated to pay damages by
insured person or organization from
reason of the assumption of
whom you have acquired such products,
liability in a contract or agreement,
or any ingredient, part or container,
This exclusion does not apply to
entering into, accompanying or
liability for damages that the
containing such products.
vendor would have in the absence
b. Lessors Of Equipment
of the contract or agreement;
(b) Any express warranty
(1) Any person or organization from
unauthorized by you;
whom you lease equipment; but only
with respect to their liability for bodily
c An physical or chemical chane
() y g
injury", "property damage" or
in the product made intentionally
"personal and advertising injury"
by the vendor;
caused, in whole or in part, by your
(d) Repackaging, except when
maintenance, operation or use of
unpacked solely for the purpose of
equipment leased to you by such
inspection, demonstration, testing,
person or organization.
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
Page 12 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(2)
With respect to the insurance afforded
e. Permits Issued By State Or Political
to these additional insureds, this
Subdivisions
insurance does not apply to any
(1) Any state or political subdivision, but
"occurrence" which takes place after
only with respect to operations
you cease to lease that equipment.
.
performed by you or on your behalf for
c. Lessors Of Land Or Premises
which the state or political subdivision
(1)
Any person or organization from
has issued a permit.
whom you lease land or premises, but
(2) With respect to the insurance afforded
only with respect to liability arising out
to these additional insureds, this
of the ownership, maintenance or use
insurance does not apply to:
of that part of the land or premises
(a) "Bodily injury", "property damage"
leased to you.
or "personal and advertising
(2)
With respect to the insurance afforded
injury" arising out of operations
to these additional insureds, this
performed for the state or
insurance does not apply to:
municipality; or
(a) Any "occurrence" which takes
(b) "Bodily injury" or "property damage"
place after you cease to lease that
included within the "products -
land or be a tenant in that
completed operations hazard".
premises; or
f. Any Other Party
(b) Structural alterations, new
(1) Any other person or organization who
construction or demolition
is not an insured under Paragraphs a.
operations performed by or on
through e. above, but only with
behalf of such person or
respect to liability for "bodily injury",
organization.
"property damage" or "personal and
d. Architects, Engineers Or Surveyors
advertising injury" caused, in whole or
(1)
Any architect, engineer, or surveyor, but
in part, by your acts or omissions or
only with respect to liability for "bodily
the acts or omissions of those acting
injury", "property damage" or "personal
on your behalf:
and advertising injury" caused, in whole
(a) In the performance of your
or In part, by your acts or omissions or
ongoing operations;
the acts or omissions of those acting on
(b) In connection with your premises
your behalf:
owned by or rented to you; or
(a) In connection with your premises;
(c) In connection with "your work" and
or
included within the "products -
(b) In the performance of your
completed operations hazard", but
ongoing operations performed by
only if
you or on your behalf.
(1) The written contract or written
(2)
With respect to the insurance afforded
agreement requires you to
to these additional insureds, the
provide such coverage to
following additional exclusion applies:
such additional insured; and
This insurance does not apply to
(11) This Coverage Part provides
"bodily injury", "property damage" or
coverage for "bodily injury" or
"personal and advertising injury"
"property damage" included
arising out of the rendering of or the
within the "products -
failure to render any professional
completed operations hazard".
services by or for you, including:
(2) With respect to the insurance afforded
(a) The preparing, approving, or
to these additional insureds, this
failure to prepare or approve,
insurance does not apply to:
maps, shop drawings, opinions,
"Bodily injury", "property damage" or
reports, surveys, field orders,
"personal and advertising injury"
change orders, designs or
arising out of the rendering of, or the
drawings and specifications; or
failure to render, any professional
(b) Supervisory, inspection,
architectural, engineering or surveying
architectural or engineering
services, including:
activities.
Form SS 00 08 04 05 Page 13 of 24
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.
The limits of insurance that apply to additional
insureds are described in Section D. — Limits
Of Insurance.
How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E. — Liability And Medical Expenses
General Conditions.
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.
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury" and
"property damage" included in the
"products -completed operations hazard" is
the Products -Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other "bodily
injury", "property damage" or "personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.
This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
"Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.
This General Aggregate limit does not
apply to "property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.
3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
"property damage" and medical expenses
arising out of any one "occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.
The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.
4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
"personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising injury Limit shown in the
Declarations.
5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.
In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.
B. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of Insurance shown in the
Declarations.
Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.
Page 14 of 24 Form SS 00 08 04 05
If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or "suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy permed is extended
after issuance for an additional period of less than 12
months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
E. LIABILITY AND MEDICAL EXPENSES
GENERAL CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part:
2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an "occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
(1) How, when and where the "occurrence"
or offense took place;
(2) The names and addresses of any
injured persons and witnesses; and
(3) The nature and location of any injury
or damage arising out of the
"occurrence" or offense.
b. Notice Of Claim
If a claim is made or "suit" is brought
against any insured, you or any additional
insured must:
(1) Immediately record the specifics of the
claim or "suit" and the date received;
and
(2) Notify us as soon as practicable.
You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
BUSINESS LIABILITY COVERAGE FORM
(1) immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
(2) Authorize us to obtain records and
other information;
(3) Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The Insured's Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insured's Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.
However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
"occurrence", offense, claim or "suit" is
known to:
(1) You or any additional insured that is
an individual;
(2) Any partner, if you or an additional
insured is a partnership;
(3) Any manager, if you or an additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or an additional
Insured is a corporation;
(5) Any trustee, if you or an additional
insured is a trust; or
(8) Any elected or appointed official, if you
or an additional insured is a political
subdivision or public entity.
Form SS 00 08 04 05 Page 15 of 24
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additional insured.
3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for "bodily injury"
liability and "property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
Insurance required by that law.
b. With respect to "mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.
4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its terms have been fully complied
with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimants legal representative.
5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
a claim is made or "suit" is brought.
6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations
are accurate and complete;
(2) Those statements are based upon
representations you made to us; and
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.
7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner,
(3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner,
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g. of
Section A. — Coverages.
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A. —
Coverages.
Page 16 of 24 Form 88 00 08 04 06
(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
(7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.
However, the following provisions
apply to other insurance available to
any person or organization who'is an
additional insured under this Coverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this , insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.
BUSINESS LIABILITY COVERAGE FORM
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, d any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-
insured amounts under all that other
insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
BUSINESS LIABILI'T'Y COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED
3. Additional Insured - Grantor Of Franchise
COVERAGES
WHO IS AN INSURED under Section C. is
If listed or shown as applicable in the Declarations,
amended to include as an additional insured
one or more of the following Optional Additional
the person(s) or organization(s) shown in the
Insured Coverages also apply. When any of these
Declarations as an Additional insured -
Optional Additional Insured Coverages apply,
Grantor Of Franchise, but only with respect to
Paragraph 6. (Additional Insureds When Required
their liability as grantor of franchise to you.
by Written Contract, Written Agreement or Permit)
4. Additional Insured - Lessor Of Leased
of Section C., Who Is An Insured, does not apply
Equipment
to the person or organization shown In the
a. WHO IS AN INSURED under Section C. is
Declarations. These coverages are subject to the
amended to include as an additional
terms and conditions applicable to Business
insured the person(s) or organization(s)
Liability Coverage in this policy, except as
shown in the Declarations as an Additional
provided below:
Insured -- Lessor of Leased Equipment,
1. Additional Insured - Designated Person Or
but only with respect to liability for "bodily
Organization
injury", "property damage" or "personal
WHO IS AN INSURED under Section C. is
and advertising injury" caused, in whole or
amended to include as an additional insured
in part, by your maintenance, operation or
the person(s) or organization(s) shown in the
use of equipment leased to you by such
Declarations, but only with respect to liability
person(s) or organization(s).
for "bodily injury", "property damage" or
b. With respect to the insurance afforded to
"personal and advertising injury" caused, in
these additional insureds, this insurance
whole or in part, by your acts or omissions or
does not apply to any "occurrence" which
the acts or omissions of those acting on your
takes place after you cease to lease that
behalf:
equipment.
a. In the performance of your ongoing
5. Additional Insured - Owners Or Other
operations; or
Interests From Whom Land Has Been
b. In connection with your premises owned
Leased
by or rented to you.
a. WHO IS AN INSURED under Section C. is
2. Additional Insured - Managers Or Lessors
amended to include as an additional
Of Premises
insured the person(s) or organization(s)
shown in the Declarations as an Additional
a. WHO IS AN INSURED under Section C. is
Insured — Owners Or Other Interests From
amended to include as an additional insured
Whom Land Has Been Leased, but only
the person(s) or organization(s) shown in the
with respect to liability arising out of the
Declarations as an Additional Insured -
ownership, maintenance or use of that part
Designated Person Or Organization; but only
of the land leased to you and shown in the
with respect to liability arising out of the
Declarations.
ownership, maintenance or use of that part of
b. With respect to the insurance afforded to
the premises leased to you and shown in the
these additional insureds, the following
Declarations.
additional exclusions apply:
b. With respect to the insurance afforded to
This insurance does not apply to:
these additional insureds, the following
additional exclusions apply:
(1) Any "occurrence" that takes place
This insurance does not apply to:
after you cease to lease that land; or
(1) Any "occurrence" which takes place
(2) Structural alterations, new
construction or demolition operations
after you cease to be a tenant in that
performed by or on behalf of such
premises; or
person or organization.
(2) Structural alterations, new
6. Additional Insured - State Or Political
construction or demolition operations
Subdivision — Permits
performed by or on behalf of such
person or organization.
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
Page 18 of 24 Form 35 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
Insured — State Or Political Subdivision -
(e) Any failure to make such
Permits, but only with respect to
inspections, adjustments, tests or
operations performed by you or on your
servicing as the vendor has agreed
behalf for which the state or political
to make or normally undertakes to
subdivision has issued a permit.
make in the usual course of
b. With respect to the insurance afforded to
business, in connection with the
these additional insureds, the following
distribution or sale of the products;
additional exclusions apply:
(f) Demonstration, installation,
This insurance does not apply to:
servicing or repair operations,
except such operations performed
(1) "Bodily injury", "property damage" or
at the vendor's premises in
"personal and advertising injury"
connection with the sale of the
arising out of operations performed for
product,
the state or municipality; or
(g) Products which, after distribution
(2) "Bodily injury" or "property damage"
or sale by you, have been labeled
included in the "product -completed
or relabeled or used as a
operations" hazard.
container, part or ingredient of any
7. Additional Insured — Vendors
other thing or substance by or for
a. WHO IS AN INSURED under Section C. is
the vendor; or
amended to include as an additional
(h) "Bodily injury" or "property
insured the person(s) or organization(s)
damage" arising out of the sole
(referred to below as vendor) shown in the
negligence of the vendor for its
Declarations as an Additional Insured -
own acts or omissions or those of
Vendor, but only with respect to "bodily
its employees or anyone else
injury" or "property damage" arising out of
acting on its behalf. However, this
"your products" which are distributed or
exclusion does not apply to:
sold in the regular course of the vendor's
(i) The exceptions contained in
business and only if this Coverage Part
Subparagraphs (d) or (f); or
provides coverage for "bodily injury" or
(ii) Such inspections,
"property damage" included within the
adjustments, tests or servicing
"products -completed operations hazard".
the vendor has agreed is
b. The insurance afforded to the vendor is
m normally undertakes
make
subject to the following additional exclusions:
1 9
to make in the usual course of
a
(1) This insurance does not apply to:
business, in connection with
(a) "Bodily injury" or "property
the distribution or sale of the
damage" for which the vendor is
products.
obligated to pay damages by
(2) This insurance does not apply to any
reason of the assumption of
insured person or organization from
liability in a contract or agreement.
whom you have acquired such
This exclusion does not apply to
products, or any ingredient, part or
liability for damages that the
container, entering Into,
vendor would have in the absence
accompanying or containing such
of the contract or agreement;
products.
(b) Any express warranty
8. Additional Insured — Controlling Interest
unauthorized by you;
WHO IS AN INSURED under Section C. is
(c) Any physical or chemical change
amended to include as an additional insured
in the product made intentionally
the person(s) or organization(s) shown in the
by the vendor;
Declarations as an Additional Insured —
(d) Repackaging, unless unpacked
Controlling Interest, but only with respect to
solely for the purpose of inspection,
their liability arising out of:
demonstration, testing, or the
a. Their financial control of you; or
substitution of parts under
b. Premises they own, maintain or control
instructions from the manufacturer,
while you lease or occupy these premises.
and then repackaged in the original
container,
Form SS 00 08 04 05 Page 19 of 24
BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.
9. Additional Insured — Owners, Lessees Or
Contractors — Scheduled Person Or
Organization
a. WHO IS AN INSURED under Section C. is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured — Owner, Lessees Or Contractors,
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:
(1) In the performance of your ongoing
operations for the additional
insured(s); or
(2) In connection with. "your work"
performed for that additional insured
and included within the "products -
completed operations hazard", but
only if this Coverage Part provides
coverage for "bodily Injury" or
"property damage" included within the
"products -completed operations
hazard".
b. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to "bodily injury", "property
damage" or "personal an advertising
injury" arising out of the rendering of, or
the failure to render, any professional
architectural, engineering or surveying
services, including:
(1) The preparing, approving, or failure to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications; or
(2) Supervisory, inspection, architectural
or engineering activities.
10. Additional Insured — Co -Owner Of Insured
Premises
WHO IS AN INSURED under Section C. is
amended to include as an additional insured
the person(s) or Organization(s) shown in the
Declarations as an Additional Insured — Co -
Owner Of Insured Premises, but only with
respect to their liability as co-owner of the
premises shown in the Declarations.
The limits of insurance that apply to additional
insureds are described in Section D. — Limits Of
Insurance.
How this insurance applies when other insurance
is available to an additional insured is described in
the Other Insurance Condition in Section E. —
Liability And Medical Expenses General
Conditions.
G. LIABILITY AND MEDICAL EXPENSES
DEFINITIONS
1. "Advertisement" means the widespread public
dissemination of information or images that
has the purpose of inducing the sale of goods,
products or services through:
a. (1)
Radio;
(2)
Television;
(3)
Billboard;
(4)
Magazine;
(5)
Newspaper;
b. The Internet, but only that part of a web
site that is about goods, products or
services for the purposes of inducing the
sale of goods, products or services; or
c. Any other publication that is given
widespread public distribution.
However, "advertisement" does not include:
a. The design, printed material, information
or images contained in, on or upon the
packaging or labeling of any goods or
products; or
b. An interactive conversation between or
among persons through a computer network.
2. "Advertising idea" means any idea for an
"advertisement".
3. "Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.
4. "Auto" means a land motor vehicle, trailer or
semi -trailer designed for travel on public
roads, including any attached machinery or
equipment. But "auto" does not include
"mobile equipment".
5. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time.
6. "Coverage territory" means:
Page 20 of 24 Form SS 00 08 04 05
a. The United States of America (including its
territories and possessions), Puerto Rico
and Canada:
b. International waters or airspace, but only if
the injury or damage occurs in the course
of travel or transportation between any
places included in a. above;
c. All other parts of the world if the injury or
damage arises out of:
(1) Goods or products made or sold by you
in the territory described in a. above;
(2) The activities of a person whose home
is in the territory described in a.
above, but is away for a short time on
your business; or
(3) "Personal and advertising injury"
offenses that take place through the
Internet or similar electronic means of
communication
provided the insured's responsibility to pay
damages is determined in the United States of
America (including its territories and
possessions), Puerto Rico or Canada, in a
"suit" on the merits according to the
substantive law in such territory, or in a
settlement we agree to.
7. "Electronic data" means information, facts or
programs:
a. Stored as or on;
b. Created or used on; or
c. Transmitted to or from
computer software, including systems and
applications software, hard or floppy disks,
CD-ROMS, tapes, drives, cells, data
processing devices or any other media which
are used with electronically controlled
equipment.
8. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".
9. "Executive officer" means a person holding
any of the officer positions created by your
charter, constitution, by-laws or any other
similar governing document.
10. "Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.
11. "Impaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:
a. It incorporates "your product" or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous; or
BUSINESS LIABILITY COVERAGE FORM
b. You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by:
a. The repair, replacement, adjustment or
removal of "your product" or "your work";
or
b. Your fulfilling the terms of the contract or
agreement.
12. "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,
lightning or explosion to premises while
rented to you or temporarily occupied by
you with permission of the owner is
subject to the Damage To Premises
Rented To You limit described in Section
D. — Liability and Medical Expenses Limits
of Insurance.
b. A sidetrack agreement;
c. Any easement or license agreement,
including an easement or license
agreement in connection with construction
or demolition operations on or within 50
feet of a railroad;
d. Any obligation, as required by ordinance,
to indemnify a municipality, except in
connection with work for a municipality;
e. An elevator maintenance agreement; or
f. That part of any other contract or
agreement pertaining to your business
(including an indemnification of a
municipality in connection with work
performed for a municipality) under which
you assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to a third person or organization,
provided the "bodily injury" or "property
damage" is caused, in whole or in part, by
you or by those acting on your behalf.
Tort liability means a liability that would be
imposed by law in the absence of any
contract or agreement.
Paragraph f. includes that part of any
contract or agreement that indemnifies a
railroad for "bodily injury" or "property
damage" arising out of construction or
demolition operations within 50 feet of any
railroad property and affecting any railroad
bridge or trestle, tracks, road -beds, tunnel,
underpass or crossing.
However, Paragraph f. does not include
that part of any contract or agreement:
Form SS 00 08 04 05 Page 21 of 24
BUSINESS LIABILITY COVERAGE FORM
(1) That indemnifies an architect,
(1) Power cranes, shovels, loaders,
engineer or surveyor for injury or
diggers or drills; or
damage arising out of:
(2) Road construction or resurfacing
(a) Preparing, approving or failing to
equipment such as graders, scrapers
prepare or approve maps, shop
or rollers;
drawings, opinions, reports,
e. Vehicles not described in a., b., c., or d.
surveys, field orders, change
above that are not self-propelled and are
orders, designs or drawings and
maintained primarily to provide mobility to
specifications; or
permanently attached equipment of the
(b) Giving directions or instructions,
following types:
or failing to give them, if that is the
(1) Air compressors, pumps and
primary cause of the injury or
generators, including spraying,
damage; or
welding, building cleaning,
(2) Under which the insured, if an
geophysical exploration, lighting and
architect, engineer or surveyor,
well servicing equipment; or
assumes liability for an injury or
(2) Cherry pickers and similar devices
damage arising out of the insured's
used to raise or lower workers;
rendering or failure to render
professional services, including those
f. Vehicles not described in a., b., c., or d.
listed in (1) above and supervisory,
above maintained primarily for purposes
inspection, architectural or
other than the transportation of persons or
engineering activities.
cargo.
13. "Leased worker" means a person leased to
However, self-propelled vehicles with the
you by a labor leasing firm under an
following types of permanently attached
agreement between you and the labor leasing
equipment are not "mobile equipment" but
firm, to perform duties related to the conduct of
will be considered "autos":
your business. "Leased worker" does not
(1) Equipment, of at least 1,000 pounds
include a "temporary worker".
gross vehicle weight, designed
14. "Loading or unloading" means the handling of
primarily for:
property:
(a) Snow removal;
a. After it is moved from the place where it is
(b) Road maintenance, but not
accepted for movement into or onto an
construction or resurfacing; or
aircraft, watercraft or "auto";
(c) Street cleaning;
b. While it is in or on an aircraft, watercraft or
(2) Cherry pickers and similar devices
"auto"; or
mounted on automobile or truck
c. While it is being moved from an aircraft,
chassis and used to raise or lower
watercraft or "auto" to the place where it is
workers; and
finally delivered;
(3) Air compressors, pumps and
but "loading or unloading" does not include the
generators, including spraying,
movement of property by means of a mechanical
welding, building cleaning,
device, other than a hand truck, that is not
geophysical exploration, lighting and
attached to the aircraft, watercraft or "auto".
well servicing equipment.
15. "Mobile equipment" means any of the following
16. "Occurrence" means an accident, including
types of land vehicles, including any attached
continuous or repeated exposure to substantially
machinery or equipment:
the same general harmful conditions.
a. Bulldozers, farm machinery, forklifts and
17. "Personal and advertising injury" means injury,
other vehicles designed for use principally
including consequential "bodily injury", arising
off public roads;
out of one or more of the following offenses:
b. Vehicles maintained for use solely on or
a. False arrest, detention or imprisonment;
next to premises you own or rent;
b. Malicious prosecution;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, on
which are permanently mounted:
Page 22 of 24 Form SS 00 08 04 05
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or
premises that the person occupies,
committed by or on behalf of its owner,
landlord or lessor;
d. Oral, written or electronic publication of
material that slanders or libels a person or
organization or disparages a person's or
organization's goods, products or services;
e. Oral, written or electronic publication of
material that violates a person's right of
privacy;
f. Copying, in your "advertisement", a
person's or organization's "advertising
idea" or style of "advertisement";
g. Infringement of copyright, slogan, or title of
any literary or artistic work, in your
"advertisement"; or
h. Discrimination or humillation that results in
injury to the feelings or reputation of a
natural person.
18. "Pollutants" means any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
19. "Products -completed operations hazard';
a. Includes all "bodily injury" and "property
damage" occurring away from premises
you own or rent and arising out of "your
product" or "your work" except:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet been completed
or abandoned. However, "your work"
will be deemed to be completed at the
earliest of the following times:
(a) When all of the work called for in
your contract has been completed.
(b) When all of the work to be done at
the job site has been completed if
your contract calls for work at
more than one job site.
(c) When that part of the work done at
a job site has been put to its
intended use by any person or
organization other than another
contractor or subcontractor
working on the same project.
BUSINESS LIABILITY COVERAGE FORM
Work that may need service, maintenance,
correction, repair or replacement, but
which is otherwise complete, will be
treated as completed.
The "bodily injury" or "property damage"
must occur away from premises you own
or rent, unless your business includes the
selling, handling or distribution of "your
product" for consumption on premises you
own or rent.
b. Does not include "bodily injury" or
"property damage" arising out of.,
(1) The transportation of property, unless
the injury or damage arises out of a
condition in or on a vehicle not owned
or operated by you, and that condition
was created by the "loading or
unloading" of that vehicle by any
insured; or
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials.
20. "Property damage" means:
a. Physical injury to tangible property,
including all resulting loss of use of that
property. All such loss of use shall be
deemed to occur at the time of the
physical injury that caused it; or
b. Loss of use of tangible property that is not
physically injured. All such loss of use
shall be deemed to occur at the time of
"occurrence" that caused it.
As used in this definition, "electronic data" is
not tangible property.
21. "Suit" means a civil proceeding in which
damages because of "bodily injury", "property
damage" or "personal and advertising injury"
to which this insurance applies are alleged.
"Suit" includes:
a. An arbitration proceeding in which such
damages are claimed and to which the
insured must submit or does submit with
our consent; or
b. Any other altemative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits
with our consent.
22. 'Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or
short-term workload conditions.
23. "Volunteer worker" means a person who:
a. Is not your "employee";
Form 88 00 08 04 05 Page 23 of 24
BUSINESS LIABILITY COVERAGE FORM
b. Donates his or her work;
c. Acts at the direction of and within the
scope of duties determined by you; and
d. Is not paid a fee, salary or other
compensation by you or anyone else for
their work performed for you.
24. "Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name;
or
(c) A person or organization whose
business or assets you have
acquired; and
(2) Containers (other than vehicles),
materials, parts or equipment
furnished in connection with such
goods or products.
b. Includes:
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your product"; and
(2) The providing of or failure to provide
warnings or instructions.
c. Does not include vending machines or
other property rented to or located for the
use of others but not sold.
25. "Your work":
a. Means:
(1) Work or operations performed by you
or on your behalf; and
(2) Materials, parts or equipment
furnished in connection with such work
or operations.
b. Includes:
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your work"; and
(2) The providing of or failure to provide
warnings or instructions.
Page 24 of 24 Form SS 00 08 04 05
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410A (Ed 07-07)
WAIVER OF OUR RIGHT TO RECOVER FROMOTHERS ENDORSEMENT-CALIFORNIA
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 applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us.)
The additional premium for this endorsement shall be 2.00 % of the total policy premium otherwise due on such
remuneration.
The minimum premium for this endorsement is $ vin nn
Schedule
Person or Organization Job Description
ALL ORGANIZATIONS FOR WHOM THE WAIVER OF SUBROGATION IS ALL CALIFORNIA OPERATIONS
ISSUED
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 06/01/2013
Insured ONWARD ENGINEERING
Insurance Company
Oak River Insurance Company
WC 99 0410A
(Ed 07-07)
Policy No. 2200059189-131
Countersigned by
Endorsement No. 1
Premium $