PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
DISABILITY ACCESS CONSULT ANTS, LLC
FOR
ADA SELF-EVALUATION AND TRANSITION PLAN
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Disability Access Consultants, a Limited Liability Corporation hereinafter referred to as "CONSULT ANT."
WHEREAS, CITY desires to engage the services of a consultant to provide ADA Self- evaluation and Transition Plan; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and
CONSULT ANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSUL TANT shall provide all services as described in Exhibit 11 A,11 which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULT ANT hereby designates Barbara Thorpe who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULT ANT in the performance of this Agreement.
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3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSUL TANT are to commence on _________ , 20 __ (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit 11A11 shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit 11 A11 are generally to be shown in Exhibit 11 A.11 This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSUL TANT.
In the event the Commencement Date precedes the Effective Date, CONSULT ANT shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit 11 B," which is
attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Six Hundred Seventy Six Thousand Two Hundred Ninety-Six Dollars ($676,296.00).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULT ANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULT ANT shall be paid pursuant to the terms of Exhibit "B." agree/ surfnet/professional svcs mayor
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7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULT ANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
A. CONSULT ANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULT ANT's (or CONSULT ANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULT ANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULT ANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULT ANT.
B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above:
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"CONSUL TANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSUL TANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULT ANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULT ANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8.
C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation.
This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULT ANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULT ANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULT ANT' s professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance agree/ surfnet/professional svcs mayor
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policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements).
B. CONSUL TANT shall notify CITY of circumstances or incidents that might give rise to future claims.
CONSULT ANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULT ANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement.
If CONSUL TANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULT ANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSUL TANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall:
A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and
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C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium.
CONSULT ANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULT ANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULT ANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSUL TANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSUL TANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike manner.
CITY may terminate CONSULT ANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSUL TANT as provided herein. In the agree/ surfnet/professional svcs mayor
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event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULT ANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSUL TANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULT ANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested:
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TO CITY:
City of Huntington Beach
ATTN: Director of Public Works
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
Disability Access Consultants, LLc
ATTN: Barbara Thorpe
2862 Olive Highway, Suite D
Oroville, CA 95966
When CITY's consent/approval 1s required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or agree/ surfnet/professional svcs mayor
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neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULT ANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULT ANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT.
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24. ATTORNEY'S FEES
In the event suit is brought by either party to constrne, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNINGLAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this agree/ surfnet/professional svcs mayor
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Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof.
29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City Council.
This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed by and through their authorized officers.
CONSULTANT ,
DISABIILTY ACCESS CONSULTANTS,
LLC
By: ea.k},~~~
Barbara Thorpe
print name
ITS: (circle one) Chairnrnn/President/Vice President
AND
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Mayor
City Clerk
By. __jj_ !Yh ~ L..J.f!1!./!1!lr74 ~
. _,,/, ~- !?J. , J INITIATED AND APPROVED:
TimOfhy Mah e : ~
print name ----D--i1-·e-c-to_r_o_f_P_u_b_l_ic_W_o_1_·k_s ___ _ ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary - Treasurer
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REVIEWED AND APPROVED:
City Manager
APPROVED AS TO FORM:
City Attorney ~~
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Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof.
29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City Council.
This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed by and through their authorized officers.
CONSULTANT,
DISABIILTY ACCESS CONSULTANTS,
LLC
By:. ___________ _
print name
ITS: (circle one) Chairman/PresidentNice President
AND
By:. ___________ _
print name
ITS: (circle one) Secretary /Chief Financial Officer / Asst.
Secretary - Treasurer
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Mayor
City Clerk
REVIEWED AND APPROVED:
~ City Manage?
APPROVED AS TO FORM:
City Attorney ~
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EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
SEE ATTACHED EXHIBIT A
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
SEE ATTACHED EXHIBIT A
C. CITY'S DUTIES AND RESPONSIBILITIES:
SEE ATTACHED EXHIBIT A
D. WORK PROGRAM/PROJECT SCHEDULE:
SEE ATTACHED EXHIBIT A
EXHIBIT A
EXHIBIT A
In order to be concise, our DAC response does not reiterate the City's RFP in its entirety. It is understood that the scope of services will be completed in three (3) phases that include a) City right-of-way, b) City buildings, and c) City parks.
Task 1. Project Management and Meeting_s
DAC will conduct an initial project kickoff meeting with selected City staff and provide a Project Management Plan (PMP) with five (5) copies provided at the kick-off meeting. The kick-off meeting will clarify roles and lines of communication, refine project goals, review the overall project schedule scope and, schedule surveys of City facilities, recreational areas and public rights-of-way and identify key City personnel related to the project scope. Information that is needed will be clarified at the initial orientation meeting. Progress meetings, agendas, and monthly status meeting schedule will be generated by DAC. Barbara Thorpe will be designated as the project manager and will also serve as policy and program analyst. She will be the DAC contact for the project and serve as the point of contact for the City. The designated team members that will coordinate the inspection team during the facility reviews will be Michael Boga and Candice Pursch. The management approach will include coordination and assistance from DAC office staff under the direction of Jennie Grover, Director of Administrative Services, Tim Mahoney, General Manager.
Task 2: Initial Investigation and Document Review
Document review by DAC will include previous plans, as-built drawings, accessibility standards and City regulatory policies related to accessibility. DAC will develop the process, procedure and forms needed to conduct the self-evaluation of the City's programs, activities and services for ADA compliance and compile the findings and recommendations into a City ADA Self-evaluation and Transition plan Executive Summary. DAC will develop a master list of City programs, services, and activities; accessibility policies; disability customer service training; communication practices and any additional available information regarding program accessibility. DAC will review appropriate and existing City transition plans, master plans, reports, and programs, as well as meet with City staff to gain insight into the City's facilities and programs in order to identify issues, which may be discriminatory to people with disabilities. The review will also include City policy and program accessibility, including eligibility requirements, participation requirements, facilities used, transportation, communication, grievance procedures and emergency procedures. DAC will review, analyze and make recommendations based on current or plans, including but not limited to the City's 2007 ADA plan, the City's General Plan and latest zoning map. DAC will conduct barrier assessment DAC Proposal For the City of Huntington Beach ADA Self-Evaluation and Transition Plan 12 surveys to collect information on each program and activity. Based on the barrier assessment surveys and policy reviews, DAC will evaluate the access of existing programs and services and provide recommendations where deficiencies are identified. DAC will provide the City with an Executive Summary report that will summarize the data and findings from the ADA self-evaluation and transition plan for City buildings, parks, programs, communications, open spaces and public rights-of- way. DAC will assist the City is designating an ADA coordinator and ADA liaisons for relevant City departments and provide training to City staff described in the City's RFP and additional areas.
Task 3. Field Survey and Self-Evaluation
The field surveys will be conducted in three (3) phases. DAC will conduct the surveys of the interior and exterior areas of each City building, facility, park and public right-of-way identified in the RFP and confirmed at the kickoff meeting. DAC will prepare reports identifying each physical element within the public areas of each of the City buildings, facilities, recreational areas and public right-of-way that is out of compliance with the ADA and related codes and regulations or otherwise hinders or prevents access to persons with disabilities. As required by the ADA, the 2010 ADA Standards will be compared with state codes and the standard that provides the greater level of accessibility utilized. As DAC collects actual measurements of as-is field conditions and records all information, data can be reprocessed if codes change without conducting a re-inspection, thus resulting in a significant savings when codes change, and the plan needs to be updated. DAC will provide the City with DACTrak online accessibility management software for City staff to generate reports in multiple styles and file formats. DACTrak reports will include but may not be limited to as-built dimensions as they relate to the ADA and other relevant code and guideline access, initial prioritizing of noncompliant findings relative to the level of impact to access, reference to accessibility codes, proposed solution(s) to eliminate the barrier, cost estimate for each solution, at least one digital photograph of each barrier to access, and a detailed location description, including GlS coordinates and mapping. The DACTrak software provides the user with the capability to generate reports in multiple formats such as progress reports, additional prioritizations, preset reporting features and other custom reports. The inclusion of photographs showing the as-is condition has proven to be valuable assistance to clients in the formulation of the decisions regarding barrier removal priorities. The DACTrak software provides an easy-to-use accessibility management platform that exceeds the ability to manage the plan by hard copies and binders. The assessment report of each facility will include cost estimates to correct deficiencies in accordance with the ADA or other applicable federal or state accessibility DAC Proposal For the City of Huntington Beach ADA Self-Evaluation and Transition Plan 13 codes. Barriers are identified by building, floor or location and given a unique identifier record number to assist with navigation in the accessibility software and location of the finding and recommendation by area and site. Estimated applicable costs will be given by item and element in accordance with industry standards. Costs can be easily adjusted to adhere to any cost estimates the City may utilize.
The proposed method for barrier removal will be provided. The transition plan will identify physical barriers that may limit accessibility of the City programs, services or activities for individuals with disabilities. The schedule for removal of barriers and appropriate timelines will be developed in collaboration with the City. Identified barriers and obstacles will be initially prioritized. Use of the DACTrak software will provide the City with an additional tool to update prioritizations, budget, implement and monitor barrier removal. Sidewalks and curb ramps measurements include width, cross slope, running slope, changes in elevation greater than 1/4 inch or a beveled up to Yz inch, type of curb ramp, slope, landing area, warning surface, curb ramp area, obstructions in the sidewalk, street furniture, collection of GIS information and photographs. Signalized intersections include crosswalks, pedestrian ramps-curb ramps, width, slope, side flares, grooved borders, truncated domes, alignment with the crosswalk, accessible pedestrian signals and traffic stop bars. DAC uses a comprehensive approach to inspecting public rights-of-way and records actual as-is measurements, not just an indicator of compliant or not compliant. DAC has found that the use of automated equipment for compliance measurements of sidewalks do not provide actual comprehensive measurement of areas required to be assessed, such as protruding objects. DAC team members will conduct onsite inspections on our DACTrak tablets and export the on-site field conditions for processing by our servers the same day of the inspection. An Executive Summary of the entire project will also be provided to the City. DAC will provide the City with access to DACTrak, allowing the City's users to generate details reports in multiple formats, including PDF and Excel, as well as map style formats of KML and Shapefile for available exterior areas where GIS coordinates can be collected.
The DACTrak online accessibility management software will provide the City with comprehensive !
reports for the interior and exterior of each facility. DACTrak also includes tools that will allow the City to plan a schedule of barrier removal, adjust priorities and update the implementation of the transition plan. Many report options are available in DACTrak that can show detailed information for every noncom pliant finding along each area of sidewalk, through high level summary reports that can offer a concise synopsis of noncompliant City-wide findings by category.
DAC Proposal For the City of Huntington Beach ADA Self-Evaluation and Transition Plan 14 Buildings, parks and open space assessments will include an assessment of all interior and exterior elements. The reports prepared from the assessments will include details of all elements surveyed.
DAC will conduct barrier assessment surveys with field reviews of all City-owned public buildings that provide programs, services or activities to the public, as appropriate. The surveys will identify physical barriers at each facility that could limit accessibility. The information collected in the field will be compared to the Federal ADA codes as well as applicable state codes and the standard that provides the greater level of accessibility utilized. Based on the results of the barrier assessment surveys, DAC will develop access compliance assessment reports issued through our DACTrak online accessibility management software in order to provide the City with the comprehensive assessment results. The reports will include as-is condition measurements and verifications as they relate to ADA access, a detailed barrier description and initial priority order related to access, at least one digital photograph for documentation of each barrier, detailed location description identifying the location of the barrier, maps will also be provided for findings where GIS coordinates can be collected for available outdoor findings, a proposed solution to eliminate the barrier; and individual cost estimates for each solution.
An Executive Summary of the entire project will also be provided to the City.
DAC will provide the City with access to DACTrak, allowing the City's users to generate details reports in multiple formats, including PDF and Excel, as well as map style formats of KML and Shapefile for available exterior areas where GIS coordinates can be collected. The DACTrak online accessibility management software will provide the City with comprehensive reports for the interior and exterior of each facility. DACTrak also includes tools that will allow the City to plan a schedule of barrier removal, adjust priorities and update the implementation of the transition plan. Many report options are available in DACTrak that can show detailed information for every noncompliant finding in each building, through high level summary reports that can offer a concise synopsis of noncompliant findings by category across all facilities City-wide. Estimated costs are available in all reports, however a DACTrak user can choose to generate a report without estimated costs if needed. Report information for public rights-of-way, buildings and parks will include: as-is condition measurements and verifications as they relate to ADA access, a detailed barrier description and initial priority order related to relative impact to access, at least one digital photograph for documentation of each barrier, detailed location description identifying the location of the barrier, maps will also be provided for findings where GIS coordinates can be collected for available outdoor findings, a proposed solution DAC Proposal For the City of Huntington Beach ADA Self-Evaluation and Transition Plan 15 to eliminate the barrier; and individual cost estimates for each solution. An Executive Summary of the entire project will also be provided to the City that will include the method and process for conducting the self-evaluation and developing the transition plan, as well as an overview of the barriers found in the City's parks and open spaces.
DAC will conduct an accessibility review of City programs, services, activities and policies. In consultation with the City, DAC will identify which City programs and services including but not limited to, classes, workshops, meetings, and events, are subject to the requirements of the ADA and perform reviews of program policies, procedures, including but not limited to eligibility requirements, location(s) of services, methods of providing information and procedure for processing requests for accommodations. The information prepared from the programmatic assessments will be included in the self-evaluation and transition plan Executive Summary.
A spreadsheet can be generated from DACTrak summarizing findings and recommendations that may include sidewalk grinding, sidewalk cutting, sidewalk replacement, tree root removal, crack and hole filling and other identified deficiencies. GIS information is collected for deficiencies.
Task 4. GIS Integration
DAC will provide the integration of the collected GIS data of the City where applicable and will include the phases and tasks identified in the RFP and will include reference maps, curb ramp condition data, GIS information, reference mapping, and polygon shapefiles and collection of sidewalk center line as line shapefile. As DAC developed and maintains DACTrak, custom fields can be added. A city-wide reference map will be included with ramp conditions and GIS coordinates. A polygon shapefile will be provided along with a sidewalk centerline shapefile. Notes can be added in the DACTrak software.
Task 5. Public Outreach
The City is required to provide opportunities for public input to the ADA plan. DAC will recommend and lead a public participation and outreach process that will incorporate the requirements of the ADA. The outreach portion of the self-evaluation and transition plan project will include multiple methods to provide opportunities for public input from members of the community as well as area organizations that provide services to persons with disabilities. The surveys that will be prepared for use in acquiring public input will encourage respondents to describe current accessibility needs and DAC Proposal For the City of Huntington Beach ADA Self-Evaluation and Transition Plan 16 challenges to assist the City in developing accessible programs and facilities. DAC will work with the City to determine the most effective methods to gather input from individuals and groups who would like to participate in the development of the plan. DAC will compile all comments and feedback from public outreach efforts to be incorporated in the final transition plan. While not required by the ADA, DAC can assist the City to organize (3) virtual community meetings to collect public input and necessary materials
Task 6. Database
Based on experience and knowledge of the accessibility field and best practices, DAC continues to develop innovative methodologies, easy to use ADA management tools, and proven, successful strategies for evaluating programs, services, activities, events, facilities, parks and public rights-of way. DACTrak was developed by DAC for the purpose of easy and useful importing and management of the accessibility data collected in the field. DACTrak is interactive online software and is not an enhanced excel spread sheet. The ability to collect, compile, analyze and use report data in a practical format was one of the driving forces to develop the DACTrak intake and management software. Our DAC accessibility management software, DACTrak, provides our clients with a powerful management tool to document compliance, project costs, print custom reports and record progress. Findings and recommendations, in addition to other data are preloaded into the DACTrak software. As DAC owns and licenses the DACTrak online software which is accessed through a secure website that is compatible with all current major internet browsers. There is no software program file to download or install on the City's servers or computers in order to access and manage report data on DACTrak.
All maintenance and updates to the DACTrak software are performed by DAC's in-house IT Team, therefore there is no burden on the City's IT staff to maintain or administer any software, programs or databases. The data contained in the database shall be the property of the City. DAC proposes that the City use DACTrak to facilitate ongoing monitoring and updating of the final transition plan. If the City chooses not to use the DACTrak online management software, DAC can provide reports to the City in a compatible format such as Excel and PDF.
Task 7. Preliminary Cost Estimates
DAC will provide the City with preliminary cost estimates for each phase to remediate the barriers identified in the DACTrak database. Furthermore, DAC will work with City to further refine costs.
DAC Proposal For the City of Huntington Beach ADA Self-Evaluation and Transition Plan 17 Task 8. Comprehensive ADA Self-Evaluation and Transition Plan DAC will assist the City to develop a comprehensive ADA Self-evaluation and Transition plan and will include at a minimum an executive summary signed by a CASp, a summary of findings of the self evaluation of facilities, policies, programs, and practices, the recommendations for remedial measures to correct deficiencies and a methodology for prioritizing barrier remediation, cost estimates for recommended remediation measures, assistance with an implementation schedule that includes milestones or measures of achievement for monitoring implementation, recommendations for procedures and forms for monitoring implementation, recommendations for procedures for periodically reviewing and updating the ADA transition plan, recommendations for procedures and forms for performing evaluations of additional barriers, recommendations for procedures and forms for filing requests for accommodation, a list of references and contact information for ADA and accessibility related resources; and identification of the City official(s) with overall responsibility for implementation of the plan. DAC will present the draft ADA transition plan and subsequently, the final proposed ADA transition plan findings to City Staff by issuing logins to the DACTrak accessibility management software and conducting and interactive training session via teleconference. DAC can also present the final document to the City Council.
DAC will provide the City with DACTrak online accessibility management software which will allow City staff to review and print standard and custom reports on demand, as well as implement and update the transition plan and schedule of barrier removal overtime. There are no per user seat licenses to access DACTrak, DAC can establish password protected logins to as many City staff as needed. In addition to providing the City with access to DACTrak to view and download reports, DAC can deliver ten (10) bound copies of the final self-evaluation and transition plan to the City if requested, as well as electronic copies in PDF, Microsoft Excel, KML and ESRI Shapefile for available exterior reports. The Executive Summary will be provided to the City in both Word and PDF formats and can also be printed if requested. If the City chooses not to use DACTrak, all data files and project maps and drawings associated with the self-evaluation report and transition plan will be provided to the City in a mutually agreed format. All data collected will be property of the City.
DAC Proposal For the City of Huntington Beach ADA Self-Evaluation and Transition Plan 18 EXHIBIT "B"
Payment Schedule (Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule:
SEE ATTACHED EXHIBIT B
B. Travel Charges for time during travel are not reimbursable.
C. Billing
1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it.
2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project.
3. A copy of memoranda, letters, repo1is, calculations and other documentation prepared by CONSULT ANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULT ANT's firm that the work has been performed in accordance with the provisions of this Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULT ANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULT ANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULT ANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein.
1 Exhibit B
5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B
Disabillity Access Consultants, LLC - Detailed Labor and Fee Breakdown City of Huntington Beach
Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan
ATTACHMENT H - COST PROPOSAL/RA TE SHEET
DAC
DlS.~-B\LHY ACCESS
:.iffe®:tM$tl$N~ ..
STAFF POSITIONS AND BILLING RATES
Task/Phase Task Description Director of Director of
No. Project General Administrative Accessibility Accessibility Manaaer CASo Manaaer Services Services Specialist Director of IT Burdened Hourlv Rate $110 $100 $90 $65 $90 $75 $0
Task1: Prolect Manaaement and.Meet!nas ·. ,· ',, ·.·.·. ... ,',
'• ' ',. ,.,., ',
" "" ·, -· .... ·'. ... ' ;>,' •.· •' ...
Task 1.1 Proiect Meetinas 12 4 12 12 8 0 2
Task 1.2 Proaress Reporfina 12 2 12 12 8
Task 1.3 Proiect Manaaement Plan 12 8 8
" Subtotal Task 1 36 6 32 32 16 0
,.,
2 Task 2:Jnitial lnvestioation and DocumentReview · ·< ' .' · .. ·.····' ' ,,' -·-.-_. :.-.' ; .. ,, .· -·; .... '
' :_--.---·- .. '•
Task 2.1-3 Initial lnvestiaation and document review 30 I 8 I 30 I I I ''
,',
· Subtotal Task 2 30 I .. 8 0 I 30 0 0 I 0
Task3: Field Survev.and Self-Evaluation. · ,' ... ·• ,• '' ' ':•· ' .: -~' ' ' ··'·' .. .... '
'' ·.: ... ·"·';..'-:. "
" ....
Phase Al Public Riaht-of-wav 24 80 12 12 440 3880
Phase Bl Public buildinas 20 50 8 8 160 1020
Phase Cl Parks 16 40 6 12 130 920
',,' ',, .. Subtotal Task 3 60 .170 26 32 730 "" 5820 0 Task.4: GISJntearation Proiect DatabaSe/Maooina · ,·' ',••' ·• '',',. ' '
,', ', ;' ,•/ ' ·· .. ... .•• ... .·"'· ...... , .. ·, ,' Phase Al Public Riaht-of-wav 8 8 20
Phase Bl Public buildinas 4 4 10
Phase C Parks 4 4 10
,,· ,',,,, ,'
· .. Subtotal Task 4 16
' ',
0 '.'
0 16 . ; 0 , ... 0 • 40 ''. Task 5: Public Outreach .•. .. · .,, '' "" ;:' •.·.- .'." '·; ··.' ' .. ' ' ·'' . ":. : . ; ··~ .. •'' ,", ; ''• '
·.······· "
', '
Task 5.1 Development of Public Outreach Plan 12 I I I 24 I I I Task 5.21Attendance of Virtual /ln-oerson oublic outreach meetinas 8 I I I 8 I I I '" '' '"
Subtotal Task 5 20 ·I 0 , I 0 32 .·. I 0 '' I.·• 0 .,, I 0 Task .6: Database ' ,' ',, / ',
. '' : , . c:::··.· '•''
· .. ·;
' ' ' .
' "·
"
_-.. · .,.·-,-.·:.··''" ' '
Phase A Public Riaht-of-wav 4 4 4
Phase B Public buildinas 4 4 4
Phase CIParks 4 4 4
' ' ' ', ·Subtotal Task 6 12 · .• 0 ... 0 12 0
'
0 . 12
Task7: Preliminarv Cost Estimates .... -· . .,.,, -: ·. •.' ·- ... -:,._-:_ .-.c -:_: ' : '' ' >. ' ',' .. .... '· ' ;..-.,. _'.;·: .. -. ., ·----- .''' ..
Phase A Public Right of-wav 4 4 6 4
Phase Bl Public buildinas 6 4 6 6
Phase C!Parks 4 4 6 6
""" ' Subtotal Task 7 14
,' .·· 0 ; 12 18 0 ,,.• ".·· .. 0 ,', 16
Tasks: Final ADA Self-evaluation ·and Transition Plan ' · .. ... ',
''.
',,' ,'
' ' ' ... ,,/ •,,, ~ :
' . ; ·• ···•.• ; ,' · .
Task 8.1 Development of ADA Se~-Evaluation and Transition Plan 12 4 f 4 20 I I I '
'
' ..... ' ' SUBTOTAL 12 I 4 I 4 20 I ',•' 0 I
,'
0 I .. 0
TOTAL Tasks1,2,5&8 98 18 36 114 16 0 2
Phase A SUBTOTAL (Tasks 3,4,6 & 7) 40 80 16 30 440 3880 28 Phase B SUBTOTAL (Tasks 3,4,6 & 7) 34 50 12 22 160 1020 20 Phase C SUBTOTAL (Tasks 3,4,6 & 7) 28 40 10 26 130 920 20 ,, ·._.' . ;.·' '
' ',' ;' •,,; · .. " . TOTAL FEE •200 ' ·. •.188 :•; . 74 192 ·.· .. , .. 746 ·5820 70 ;, ' Total Proiect Fee
Labor and Direct
Costs
($)
·.· ,·;
$4 300
$4.100
$2 560
$10,960
'' ', •,,
$6,050
$6 050
', ,,
$343100
$99,340
$87,780
$530,220
';·
'', . ;•
$1,400
$700
$700
$2,800 '•
'. ·.•·,;' ,•',
$2 880
$1400
$4,280 .. ·.·,
,, ' :, .. ··,.·· ... '
$700
$700
$700
•'
$2100
•' ' ',
$1,190
$1 410
$1,190
$3 790 ,'
. ,. '
$3,380
$3;380
$24,670
$346 390
$102,150
$90 370
··:: $563,580;
ACORD® CERT IFICATE OF LIABILITY INSURANCE I
DATE (MMIDDIYYYY)
~ 01/11/2022
THIS CERT IFICATE IS ISS UED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPO N THE CERT IFICATE HOLDER . THIS
CERT IFICATE DOES NOT AFF IRMAT IVELY OR NEGAT IVELY AMEND, EXTEND OR ALTER TH E COVERAGE AFFORDED BY THE POLIC IES BELOW. THIS CERTIF ICATE OF INSURANCE DOES NOT CONS TITUTE A CONTRAC T BETWEEN THE ISS UING INSURE R(S), AUTHORIZED REPRESENTATIVE OR PRODUCER , AND THE CERTIFICATE HO LDER.
IMPOR TANT: If the certific ate holder is a n A DDITIONAL INSURED, the policy(ie s) must have ADDITIONAL INSURED prov isions or be endo rsed.
If SUBROGATION IS WAIVED , s ubj ect to the te rm s and conditions of the policy, certa i n policies may req uire an endors ement. A statement on this cert ifi cate doe s not confer rig hts to the certificat e holder in lieu of s uch endorsement(s) .
PRODUCER CONTACT Ceil Provo NAME:
AssuredPartners of Minnesota LLC rA~gNJ0 Extl: (651) 644-7200 I f,C~ Nol: (651) 644-9137 2361 Hwy 36 W E-MAIL ceil.provo@assuredpa rtners.com ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
St. Paul MN 55113 INSURERA: Continental Cas Co 20443
INSURED INSURER B: American Casualty Co Reading 20427
Disability Access Consultants, LLC INSURER C: Transportation Ins Co 20494 2862 Olive Highway INSURERD: The Sentinel Insurance Company 11000 INSURERE: QBE Insurance Company
Oroville CA 95965 INSURER F:
COVERAGES CERTIFICATE NUMBER : 22/23 Master/21/22 Prof REVISION NUMB ER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR l"uu• SUDO< POLICYEFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDDIYYYYI (MMIDDIYYYYI x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 2,000,000 -
D CLAIMS.MADE [8] OCCUR DAMAGE TO RENTED 1,000,000 PREMISES IEa occurrence\ s - - MED EXP (Any one person) s 10,000
A y B6020052587 01/01/2022 01/01/2023 PERSONAL & ADV INJURY s 2,000,000 -
GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE s 4,000,000 ::8j POLICY D ~:8-r D LOC PRODUCTS -COMP/OP AGG s 4,000,000 OTHER: Employee Benefits s 1,000,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s 1,000,000 IEa accidentl X ANYAUTO BODILY INJURY (Per person) s
-B O'IVNED SCHEDULED y 6020004782 01/01/2022 01/01/2023 BODILY INJURY (Per accident) s - AUTOS ONLY -
AUTOS
HIRED NON-O'IVNED PROPERTY DAMAGE s - AUTOS ONLY
-
AUTOS ONLY (Per accident)
Medical payments s 5,000
~ Ur.I BRELLA LIAB ~ OCCUR EACH OCCURRENCE s 5,000,000
c EXCESS LIAB CLAIMS.MADE y B6020052637 01/01/2022 01/01/2023 AGGREGATE s 5,000,000 OED I XI RETENTION s 0 s
WORKERS COMPENSATION X I ~~fTUTE I I OTH-
AND EMPLOYERS' LIABILITY ER
Y IN 1,000,000
D ANY PROPRIETOR/PARTNER/EXECUTIVE
12] N/A 41WBCAC5W3P 01/08/2022 01/08/2023 E.L. EACH ACCIDENT s OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE s II yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT s E
Professional Liability
130000005 03/13/2021 03/13/2022 Limit $5,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addilional Remarks Schedule, may be attached II more space Is required) The City of Huntington Beach, its officers, elected or appointed officals, employees, agents and volunteers are additional insureds as respect to General Liability, Auto Liability and Umbrella Liability.
APPROVED AS TO FORM
By ; ~-·
~ CITY AlTORN EY
CERTIF ICATE HOL DER CANCELLATION \..1 1 Y lJt- H I •i. . !J\l\ 1 l \Jiii D< •l'_,f-,
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street
AUTHORIZED REPRESENTATIVE
Huntington Beach CA 92648
~ ~ . 4
I
© 1988 -2015 A CORD CORPORATION . A ll rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD =
CNA80103XX
(09-14)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COMMON POLICY CONDITIONS
The following is added to Paragraph H. Other Insurance and supersedes any provision to the contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that:
1. The additional insured is a Named Insured under such other insurance; and
2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.
All other terms and conditions of the Policy remain unchanged.
CNA80103XX (09-14)
Copyright, CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission SB146932G
(Ed. 10-19)
BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following:
I.
II.
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
TABLE OF CONTENTS
Blanket Additional Insured Provisions
A. Additional Insured - Blanket Vendors
B. Miscellaneous Additional Insureds
c. Additional Provisions Pertinent to Additional Insured Coverage
1.a. Primarv - Noncontributory provision
1.b. Definition of "written contract"
2. Additional Insured - Extended Coverage
Liability Extension Covera~es
A. Bodily Injury - Expanded Definition
B. Broad Knowledge of Occurrence
c. Estates, Legal Representatives and Spouses
D. Fellow Employee First Aid
E. Leaal Liability- Damage to Premises
F. Personal and Advertising Injury - Discrimination or Humiliation G. Personal and Advertising Injury - Broadened Eviction H. Waiver of Subrogation - Blanket
.
I. BLANKET ADDITIONAL INSURED PROVISIONS
A. ADDITIONAL INSURED - BLANKET VENDORS
Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed under a "written contract" to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions:
1. The insurance afforded the vendor does not apply to:
a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you;
c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or SB146932G (10-19) Page 1 of 7
Copyright, CNA All Rights Reserved.
=
SB146932G
(Ed. 10-19)
h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.
2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products.
3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy.
4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products completed operations hazard" is excluded either by the provisions of the Policy or by endorsement.
B. MISCELLANEOUS ADDITIONAL INSUREDS
1. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3.j. below whom you are required to add as an additional insured on this policy under a "written contract."
2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide the additional insured with: ·
a. A higher limit of insurance than required by such "written contract;" b. Coverage broader than required by such "written contract" and in no event greater than that described by the applicable paragraph a. through k. below; or
c. Coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard." But this paragraph c. does not apply to the extent coverage for such liability is provided by paragraph 3.j. below.
Any coverage granted by this endorsement shall apply only to the extent permitted by law.
3. Only the following persons or organizations can qualify as additional insureds under this endorsement:
a. Controlling Interest
Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of:
(1) such person or organization's financial control of you; or (2) Premises such person or organization owns, maintains or controls while you lease or occupy these premises;
provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. b. Co-owner of Insured Premises
A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability for "bodily injury," "property damage" or "personal and advertising injury" as co owner of such premises.
c. Granter of Franchise
Any person or organization that has granted a franchise to you, but only with respect to such person or organization's liability for "bodily injury,'' "property damage,'' or "personal and advertising injury" as granter of a franchise to you.
SB146932G (10-19) Page 2 of?
Copyright, CNA All Rights Reserved.
d. Lessor of Equipment
SB146932G
(Ed. 10-19)
Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury,'' "property damage" or "personal and advertising injury" caused in whole or in part by your maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury" takes place prior to the termination of such lease. e. Lessor of Land
Any person or organization from whom you lease land, but only with respect to liability for "bodily injury,'' "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of that specific part of the land leased to you, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury,'' takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured.
f. Lessor of Premises
An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only with respect to liability for "bodily injury,'' "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury,'' takes place prior to the termination of such lease.
The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. g. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or receiver's liability for "bodily injury,'' "property damage" or "personal and advertising injury" arising out of the ownership, maintenance, or use of a premises by you.
This insurance does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. h. State or Political Subdivisions
A state or government agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such government agency or subdivision or political subdivision's liability for "bodily injury,'' "property damage" or "personal and advertising injury" arising out of:
(1) The following hazards in connection with premises you own, rent, or control and to which this insurance applies:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance or use of any elevators covered by this insurance; or (2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to:
(a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or government agency or subdivision or political subdivision; or
(b) "Bodily injury" or "property damage" included within the "products-completed operations hazard.
11 With respect to this provision's requirement that additional insured status must be requested under a "written contract," we will treat as a "written contract" any governmental permit that requires you to add the governmental entity as an additional insured.
SB146932G (10-19) Page 3 of 7
Copyright, CNA All Rights Reserved.
=
=
i. Trade Show Event Lessor
SB146932G
(Ed. 10-19)
With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom you are required to include as an additional insured, but only with respect to such person or organization's liability for "bodily injury," "property damage," or "personal and advertising injury" caused by:
a. Your acts or omissions; or
b. Acts or omissions of those acting on your behalf;
in the performance of your ongoing operations at the trade show premises during the trade show event. j. Other Person or Organization
Any person or organization who is not an additional insured under paragraphs a. through i. above. Such additional insured is an insured solely for "bodily injury," "property damage" or "personal and advertising injury" for which such additional insured is liable because of your acts or omissions.
The coverage granted by this paragraph does not apply to any person or organization:
(1) For "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services; (2) For "bodily injury" or "property damage" included in the "products-completed operations hazard." But this provision (2) does not apply to such "bodily injury" or "property damage" if:
(a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the "written contract"; and (b) The "written contract" requires you to make the person or organization an additional insured for such
11 bodily injury
11 or
11 property damage
11 ; or
(3) Who is afforded additional insured coverage under another endorsement attached to this policy.
C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE
1. With respect only to additional insured coverage provided under paragraphs A. and 8. above:
a. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance:
This insurance is excess of all other insurance available to an additional insured whether primary, excess, contingent or on any other basis. However, if a "written contract" requires that this insurance be either primary or primary and noncontributing, then this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. b. Under Liability and Medical Expense Definitions, the following definition is added:
"Written contract" means a written contract or agreement that requires you to make a person or organization an additional insured on this policy, provided the contract or agreement:
(1) Is currently in effect or becomes effective during the term of this policy; and (2) Was executed prior to:
(a) The "bodily injury" or "property damage;" or
(b) The offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage.
2. With respect to any additional insured added by this endorsement or by any other endorsement attached to this Coverage Part, the section entitled Who Is An Insured is amended to make the following natural persons insureds.
If the additional insured is:
a. An individual, then his or her spouse is an insured; SB146932G (10-19) Page 4 of 7
Copyright, CNA All Rigt1ts Reserved.
b. A partnership or joint venture, then its partners, members and their spouses are insureds; c. A limited liability company, then its members and managers are insureds; SB146932G
(Ed. 10-19)
d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are insureds; or
e. Any type of entity, then its employees are insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Furthermore, employees of additional insureds are not insureds with respect to liability arising out of:
(1) "Bodily injury" or "personal and advertising injury" to any fellow employee or to any natural person listed in paragraphs a. through d. above;
(2) "Property damage" to property owned, occupied or used by their employer or by any fellow employee; or (3) Providing or failing to provide professional health care seivices.
II. LIABILITY EXTENSION COVERAGES
It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do not apply.
A. Bodily injury - Expanded Definition
Under Liability and Medical Expenses Definitions, the definition of "Bodily injury" is deleted and replaced by the following:
"Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical injury, sickness or disease.
B. Broad Knowledge of Occurrence
Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following:
Paragraphs a. and b. above apply to you or to any additional insured only when such "occurrence," offense, claim or
11 suit1
1 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 (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity.
This paragraph applies separately to you and any additional insured.
C. Estates, Legal Representatives and Spouses
The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named lnsured's business.
SB146932G (10-19) Page 5 of7
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D. Fellow Employee First Aid Coverage
In the section entitled Who Is An Insured, paragraph 2.a.1. is amended to add the following:
SB146932G
(Ed. 10-19)
The limitations described in subparagraphs 2.a.1.(a), (b) and (c) do not apply to your "employees" for "bodily injury" that results from providing cardiopulmonary resuscitation or other first aid services to a co-"employee" or "volunteer worker" that becomes necessary while your "employee" is peliorming duties in the conduct of your business. Your "employees" are hereby insureds for such services. But the insured status conferred by this provision does not apply to "employees" whose duties in your business are to provide professional health care services or health examinations.
E. Legal Liability- Damage To Premises
1. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is replaced by the following:
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 any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are peliorming 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 peliormed on it.
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 1, 3, and 4, of this exclusion do not apply to "property damage" (other than damage by fire or explosion) to premises:
(1) rented to you:
(2) temporarily occupied by you with the permission of the owner, or (3) to the contents of 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 - Liability and Medical Expenses Limits of Insurance.
Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement.
Paragraph 6 of this exclusion does not apply to "property damage" included in the "products completed operations hazard."
2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the following paragraph is added, and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and Advertising Injury:
Exclusions c, d, e, f, g, h, i, k, I, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance.
SB146932G (10-19) Page 6 of 7
Copyright, CNA All Rights Reserved.
SB146932G
(Ed. 10-19)
3. The first Paragraph under item 5. Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following:
The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You Limit. The Damage to Premises Rented to You Limit is the greater of:
a. $1,000,000; or
b. The Damage to Premises Rented to You Limit shown in the Declarations.
F. Personal and Advertising Injury- Discrimination or Humiliation
1. Under Liability and Medical Expenses Definitions, the definition of "personal and advertising injury" is amended to add the following:
h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is:
(1) Not done intentionally by or at the direction of:
(a) The insured; or
(b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and
(2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured.
2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising Injury is amended to add the following additional exclusions:
(15) Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. (16)Employment Related Discrimination
Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. (17) Fines or Penalties
Fines or penalties levied or imposed by a governmental entity because of discrimination.
3. This provision (Personal and Advertising Injury - Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement.
G. Personal and Advertising Injury - Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising injury" is amended to delete Paragraph c. and replace it with the following:
c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord or lessor.
H. Waiver of Subrogation - Blanket
We waive any right of recovery we may have against:
a. Any person or organization with whom you have a written contract that requires such a waiver.
All other terms and conditions of the Policy remain unchanged.
SB146932G (10-19) Page 7 of 7
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SB-300000-D
(Ed. 04/14)
BUSINESSOWNERS LIABILITY COVERAGE FORM
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 company providing the 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 F - LIABILITY DEFINITIONS.
A. Coverages
1. Business Liability (Bodily Injury, Property
Damage, Personal and Advertising Injury)
a. 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
11 or any 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 or
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
Ex1ension - Supplementary Payments.
b. This insurance applies:
(1) To "bodily injury" and "property damage"
only if:
(a) The "bodily injury" or "property
damage" is caused by an
"occurrence" that takes place in the
11 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 C.1. Who Is
An Insured and no "employee"
authorized by you to give or receive
notice of an "occurrence
11 or clain1,
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 before 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" which
occurs during the policy period and was not,
prior to the policy period, known to have
occurred by any insured listed under Section
C.1. Who Is An Insured or any "employee"
authorized by you to give or receive notice of
an "occurrence
11 or claim, includes any
continuation, change or resumption of "bodily
injury" or "property damage" after the end of
the policy period.
d. "Bodily injury" or "property damage" will be
deemed to have been known to have
occurred at the earliest time when any insured
listed under Section C.1. Who Is An Insured
or any "employee" authorized by you to give
or receive notice of an
11 occurrence" or claim:
(1) Reports all, or any part, of the "bodily
injury" or "property damage" to us or any
other insurer;
(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
SB-300000-D
(Ed. 04/14)
Includes copyrighted material of Insurance Services Office, Inc., v.iith its permission Page 1 of 16 (3) Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
e. 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."
f. Coverage Extension - Supplementary
Payments
(1) In addition to the Limit of Insurance of
Liability we will pay, with respect to any
claim we investigate or settle, or any
"suit" against an insured we defend:
(a) All expenses we incur.
(b) Up to $1,000 for 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.
(c) The cost of bonds to release
attachments, but only for bond
amounts within our Limit of
Insurance. We do not have to furnish
these bonds.
(d) 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 $250 a day because of
time off from work.
(e) All court costs taxed against the
insured in the "suit." However, these
payments do not include attorneys'
fees or attorney expenses taxed
against the insured.
(f) Prejudgment interest awarded
against the insured on that part of the
judgment we pay. If we make an offer
to pay the Limit·of Insurance, we will
not pay any prejudgment interest
based on that period of time after the
offer.
(g) 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 our Limit of Insurance.
These payments will not reduce the
Limits of Insurance.
SB-300000-D
(Ed. 04/14)
(2) If we defend an insured against a "suit"
and an indemnitee of the insured is also
named as a party to the "suit," we will
defend that indemnitee if all of the
following conditions are met:
(a) The "suit" against the indemnitee
seeks damages for which the insured
has assumed the liability of the
indemnitee in a contract or
agreement that is an "insured
contract'';
(b) This insurance applies to such
liability assumed by the insured;
(c) The obligation to defend, or the cost
of the defense of, that indemnitee,
has also been assumed by the
insured in the same "insured
contract";
(d) The allegations in the "suit" and the
information we know about the
11 occurrence
11 are such that no conflict
appears to exist between the
interests of the insured and the
interests of the indemnitee:
(e) The indemnitee and the insured ask
us to conduct and control the defense
of that indemnitee against such "suit"
and agree that we can assign the
same counsel to defend the insured
and the indemnitee; and
(f) The indemnitee:
(i) Agrees in writing to:
i. Cooperate with us in the
investigation, settlement or
defense of the "suit";
ii. Immediately send us copies
of any demands, notices,
summonses or legal papers
received in connection with
the "suit";
iii. Notify any other insurer
whose coverage is available
to the indemnitee; and
iv. Cooperate with us with
respect to coordinating other
applicable insurance
available to the indemnitee;
and
(ii) Provides us with written
authorization to:
SB-300000-D
(Ed. 04/14)
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i. Obtain records and other
information related to the
11 suit
11 ; and
ii. Conduct and control the
defense of the indemnitee in
such "suit."
(3) So long as the above conditions are met,
attorneys' fees incurred by us in the
defense of that indemnitee, necessary
litigation expenses incurred by us and
necessary litigation expenses incurred by
the indemnitee at our request will be paid
as Supplementary Payments.
Notwithstanding the provisions of
Paragraph B.1.b.(2) Exclusions in Section
B - EXCLUSIONS, such payments will
not be deemed to be damages for "bodily
injury" and "property damage" and will not
reduce the limits of insurance.
Our obligation to defend an insured's
indemnitee and to pay for attorneys' fees
and necessary litigation expenses as
Supplementary Payments ends when:
(a) We have used up the applicable limit
of insurance in the payment of
judgments or settlements; or
(b) The conditions set forth above, or the
terms of the agreement described in
f. above are no longer met.
2. Medical Expenses
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:
(a) The accident takes place in the
"coverage territory" and during the
policy period;
(b) The expenses are incurred and
reported to us within one year of the
date of the accident; and
(c) 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
SB-300000-D
(Ed. 04/14)
applicable Limit of Insurance. We will pay
reasonable expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical,
dental services, including
devices; and
x-ray and
prosthetic
(3) Necessary ambulance, hospital,
professional nursing and funeral services.
B. Exclusions
1. Applicable To Business Liability Coverage
This insurance does not apply to:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the insured.
This exclusion does not apply to "bodily
injury" resulting from the use of reasonable
force to protect persons or property.
b. Contractual Liability
"Bodily injury" or "property damage" for which
the insured is obligated to pay damages by
reason of the assumption of liability in a
contract or agreement. This exclusion does
not apply to liability for damages:
(1) That the insured would have in the
absence of the contract or agreement; or
(2) Assumed in a contract or agreement that
is an "insured contract," provided the
"bodily injury" or "property damage"
occurs subsequent to the execution of the
contract or agreement. Solely for the
purposes of liability assumed in an
"insured contract," reasonable attorney
fees and necessary litigation expenses
incurred by or for a party other than an
insured are deemed to be damages
because of "bodily injury" or "property
damage," provided:
(a) Liability to such party for, or for the
cost of, that party's defense has also
been assumed in the same "insured
contract"; and
(b) Such attorney fees and litigation
expenses are for defense of that
party against a civil or alternative
dispute resolution proceeding in
which damages to which this
insurance applies are alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for which
any insured may be held liable by reason of:
SB-300000-D
(Ed. 04/14)
Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 16 (1) Causing or contributing to the intoxication
of any person;
(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or
under the influence of alcohol; or
(3) Any statute, ordinance or regulation
relating to the sale, gift, distribution or use
of alcoholic beverages.
This exclusion applies even if the claims
allege negligence or other wrongdoing in:
(a) The supervision, hiring, employment,
training or monitoring of others by an
insured; or
(b) Providing or failing to provide
transportation with respect to any person
that may be under the influence of alcohol
This exclusion applies only if you are in the
business of manufacturing, distributing,
selling, serving or furnishing alcoholic
beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or
unemployment compensation law or any
similar law.
e. Employer's Liability
"Bodily Injury" to:
(1) An "employee" of the insured arising out
of and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the
conduct of the insured's business; or
(2) The spouse, child, parent, brother or
sister of that "employee" as a
consequence of (1) above.
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.
This exclusion does not apply to liability
assumed by the insured under an "insured
contract.
11 f. Pollution
(1) "Bodily injury" or "property damage"
arising out of the actual, alleged or
threatened discharge, dispersal, seepage,
SB-300000-D
(Ed. 04114)
migration, release or escape of
"pollutants":
(a) At or from any premises, site or
location which is or was at any time
owned or occupied by, or rented or
loaned to, any insured. However, this
subparagraph does not apply to:
(i) "Bodily injury" if sustained within
a building and caused by smoke,
fumes, vapor or soot from
equipment used to heat, cool or
dehumidify the building or
equipment that is used to heat
water for personal use by the
buildings occupants or their
guests;
(ii) "Bodily injury" or "property
damage" for which you may be
held liable, if you are a contractor
and the owner or lessee of such
premises, site or location has
been added to your policy as an
additional insured with respect to
your ongoing operations
performed for that additional
insured at that premises, site or
location and such premises, site
or location is not and never was
owned or occupied by, or rented
or loaned to, any insured, other
than that additional insured; or
(iii) "Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a "hostile
fire
11 ;
(b) At or from any premises, site or
location which is or was at any time
used by or for any insured or others
for the handling, storage, disposal,
processing or treatment of waste;
(c) Which are or were at any time
transported, handled, stored, treated,
disposed of, or processed as waste
by or for:
(i) Any insured; or
(ii) Any person or organization for
whom you may be legally
responsible; or
(d) At or from any premises, site or
location on which any insured or any
contractors or subcontractors working
directly or indirectly on any insured's
behalf are performing operations if
the "pollutants" are brought on or to
the premises, site or location in
SB-300000-D
(Ed. 04114)
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connection with such operations by
such insured, contractor or
subcontractor. However, this
subparagraph does not apply to:
(i) "Bodily injury" or "property
damage" arising out of the
escape of fuels, lubricants or
other operating fluids which are
needed to perform the normal
electrical, hydraulic or
mechanical functions necessary
for the operation of "mobile
equipment" or its parts, if such
fuels, lubricants or other
operating fluids escape from a
vehicle part designed to hold,
store or receive them. This
exception does not apply if the
"bodily injury" or "property
damage" arises out of the
intentional discharge, dispersal
or release of the fuels, lubricants
or other operating fluids, or if
such fuels, lubricants or other
operating fluids are brought on or
to the premises, site or location
with the intent that they be
discharged, dispersed or
released as part of the
operations being performed by
such insured, contractor or
subcontractor;
(ii) "Bodily injury" or "property
damage" sustained within a
building and caused by the
release of gases, fumes or
vapors from materials brought
into that building in connection
with operations being performed
by you or on your behalf by a
contractor or subcontractor; or
(iii) "Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a "hostile
fire.
11 (e) At or from any premises, site or
location on which any insured or any
contractors or subcontractors working
directly or indirectly on any insured's
behalf are performing operations if
the operations are to test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants."
(2) Any loss, cost or expense arising out of
any:
SB-300000-0
(Ed. 04114)
a. Request, demand, order or statutory
or regulatory requirement that any
insured or others test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants
11 ; or
b. Claim or "suit" by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or
in any way responding to, or
assessing the effects of, "pollutants."
However, this paragraph does not apply
to liability for damages because of
"property damage" that the insured would
have in the absence of such request,
demand, order or statutory or regulatory
requirement or such claim or "suit" by or
on behalf of a governmental authority.
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
allege negligence or other wrongdoing in the
supervision, hiring, employment, training or
monitoring of others by an insured, if the
"occurrence" which caused the "bodily injury"
or "property damage" involved the ownership,
maintenance, use or entrustment to others of
any aircraft,
11 auto
11 or watercraft that is owned
or operated by or rented or loaned to any
insured.
This exclusion does not apply to:
(1) An aircraft that is:
(a) Hired, chartered, or loaned with a
paid crew; but
(b) Not owned by any insured;
(2) A watercraft while ashore on premises
you own or rent;
(3) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons or
property for a charge;
(4) Parking an "auto" on, or on the ways next
to, premises you own or rent, provided
SB-300000-0
(Ed. 04114)
Includes copyrighted material of Insurance Services Office, Inc., with its pennission Page 5of16 the "auto" is not owned by or rented or
loaned lo you or the insured;
(5) Liability assumed under any "insured
contract" for the ownership, maintenance
or use of aircraft or watercraft; or
(6) "Bodily injury" or "property damage"
arising out of the operation of any of the
following equipment:
(a) Cherry pickers and similar devices
mounted on automobile or truck
chassis and used to raise or lower
workers; and
(b) Air compressors, pumps and
generators, including spraying,
welding, building cleaning,
geophysical exploration, lighting and
well seNicing equipment.
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 lo any insured; or
(2) The use of "mobile equipment" in, or
while in practice for, or while being
prepared for, any prearranged racing,
speed, demolition or stunting activity.
i. War
"Bodily injury" or "property damage" due to
war, whether or not declared, or any act or
condition incident to war. War includes civil
war, insurrection, rebellion or revolution. This
exclusion applies only to liability assumed
under a contract or agreement.
j. Professional Services
"Bodily injury," "property damage," "personal
and advertising injury" caused by the
rendering or failure to render any professional
seNice. This includes but is not limited to:
(1) Legal, accounting or advertising seivices;
(2) Preparing, approving, or failing to prepare
or approve maps, drawings, opinions,
reports, surveys, change orders, designs
or specifications;
(3) Supeivisory, inspection or engineering
seivices;
(4) Medical, surgical, dental, x-ray or nursing
seNices treatment, advice or instruction;
(5) Any health or therapeutic seNice
treatment, advice or instruction;
SB-300000-D
(Ed, 04/14)
(6) Any seNice, treatment, advice or
instruction for the purpose of appearance
or skin enhancement, hair removal or
replacement or personal grooming;
(7) Optometry or optical or hearing aid
seNices including the prescribing,
preparation, fitting, demonstration or
distribution of ophthalmic lenses and
similar products or hearing aid devices;
(8) Body piercing seNices;
(9) SeNices in the practice of pharmacy;
(10) Veterinary medicine seNices;
(11)Mortician seNices; and
(12)SeNices rendered in connection with the
creation and/or development,
modification, or repair of "software,"
including, but not limited to design,
specifications, system or
11 software"
configuration and consultation.
This exclusion applies even if the claims
allege negligence or other wrongdoing in the
supeNision, hiring, employment, training or
monitoring of others by an insured, if the
"occurrence" which caused the "bodily injury"
or "property damage," or the offense which
caused the "personal and advertising injury,"
involved the rendering or failure to render any
professional seNice.
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 contractor or
subcontractor working directly or
indirectly on your behalf is performing
operations, if the "property damage"
arises out of those operations; or
SB-300000-D
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(6) That particular part of any property that
must be restored, repaired or replaced
because "your work" was incorrectly
performed on it.
Paragraphs (1), (3) and (4) of this exclusion
do not apply to "property damage" (other than
damage by fire or explosion) 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 Paragraph D.
Liability And Medical Expenses Limit 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), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.
Paragraph (6) of this exclusion does not apply
to "property damage" included in the
"products - completed operations hazard."
I. 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
11 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.
SB-300000-D
(Ed. 04/14)
o. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the loss
of use, withdrawal, recall, inspection, repair,
replacement, adjustment, removal or disposal
of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work or property is withdrawn
or recalled from the market or from use by any
person or organization because of a known or
suspected defect, deficiency, inadequacy or
dangerous condition in it.
p. Personal And Advertising Injury
"Personal and advertising injury":
(1) Caused by or at the direction of the
insured with the knowledge that the act
would violate the rights of another and
would infiict "personal and advertising
injury";
(2) Arising out of oral or written publication of
material, if done by or at the direction of
the insured with knowledge of its falsity;
(3) Arising out of oral or written publication of
material whose first publication took place
before the beginning of the policy period;
(4) Arising out of a criminal act committed by
or at the direction of any insured;
(5) For which the insured has assumed
liability in a contract or agreement. This
exclusion does not apply to liability for
damages that the insured would have in
the absence of the contract or agreement;
(6) Arising out of a breach of contract, except
an implied contract to use another's
advertising idea in your "advertisement";
(7) Arising out of the failure of goods,
products or services to conform with any
statement of quality or performance made
in your
11 advertisement";
(8) Arising out of the wrong description of the
price of goods, products or services
stated in your "advertisement";
(9) Committed by an insured whose business
is:
(a) Advertising, broadcasting, publishing
or telecasting;
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(Ed. 04/14)
Includes copyrighted material of Insurance Services Office, Inc., \.\lith its pennission Page 7of16 (b) Designing or determining content of
web-sites for others; or
(c) An Internet search, access, content
or service provider.
However, this exclusion does not apply to
Paragraphs 14.a., b. and c. of "personal
and advertising injury" under Paragraph
F. Liability And Medical Expenses
Definitions.
For the purposes of this exclusion, the
placing of frames, borders or links, or
advertising, for you or others anywhere
on the Internet, by itself, is not considered
the business of advertising, broadcasting,
publishing or telecasting,
(10)Arising out of the actual, alleged or
threatened discharge, dispersal, seepage,
migration, release or escape of
"pollutants" at any time.
(11) With respect to any loss, cost or expense
arising out of any:
(a) Request, demand or order that any
insured or others test for, monitor,
clean-up, remove, contain, treat,
detoxify or neutralize or in any way
respond to, or assess the effects of,
"pollutants"; or
(b) Claim or "suit" by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing or
in any way responding to, or
assessing the effects of, "pollutants."
(12)Arising out of an electronic chatroom or
bulletin board the insured hosts, owns or
over which the insured exercises control.
(13)Arising out of the infringement of
copyright, patent, trademark, trade secret
or other intellectual property rights.
However, this exclusion does not apply to
infringement, in your "advertisement,'' of
copyright, trade dress or slogan.
(14)Arising out of the unauthorized use of
another's name or product in your e-mail
address, domain name or metatags, or
any other similar tactics to mislead
another's potential customers.
Exclusions c., d., e., f., g., h., i., k., I., m., n.
and o. in Section 11 - Liability do not apply to
damage by fire or explosion to premises while
rented to you, or temporarily occupied by you
with permission of the owner. A separate
SB-300000-D
(Ed. 04/14)
Damage To Premises Rented To You Limit of
Insurance applies to this coverage as
described in Paragraph D. Liability And
Medical Expenses Limits of Insurance.
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.
As used in this exclusion, electronic data
means information, facts or programs stored
as or on, created or used on, or 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
2. Applicable To Medical Expenses Coverage
We will not pay expenses for "bodily injury":
a. To any insured, except "volunteer workers."
b. To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. To a person injured on that part of premises
you own or rent that the person normally
occupies,
d. 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. To a person injured while taking part in
athletics.
f. Included within the "products - completed
operations hazard."
g. Excluded under Business Liability Coverage.
h. Due to war, whether or not declared, or any
act or condition incident to war. War includes
civil war, insurrection, rebellion or revolution.
3. Applicable To Both Business Liability Coverage
And Medical Expenses Coverage - Nuclear
Energy Liability Exclusion
This insurance does not apply:
a. Under Business Liability Coverage, to "bodily
injury" or "property damage":
(1) With respect to which an insured under
the policy is also an insured under a
nuclear energy liability policy issued by
the Nuclear Energy Liability Insurance
Association, Mutual Atomic Energy
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Liability Underwriters or Nuclear
Insurance Association of Canada, or
would be an insured under any such
policy but for its termination upon
exhaustion of its limit of liability; or
(2) Resulting from the "hazardous properties"
of "nuclear material" and with respect to
which:
(a) Any person or organization is
required to maintain financial
protection pursuant to the Atomic
Energy Act of 1954, or any law
amendatory thereof; or
(b) The insured is, or had this policy not
been issued would be, entitled to
indemnity from the United States of
America, or any agency thereof,
under any agreement entered into by
the United States of America, or any
agency thereof, with any person or
organization.
b. Under Medical Expenses Coverage, to
expenses incurred with respect to "bodily
injury" resulting from the "hazardous
properties" of "nuclear material" and arising
out of the operation of a "nuclear facility" by
any person or organization.
c. Under Business Liability Coverage, to "bodily
injury" or "property damage" resulting from the
"hazardous properties" of the nuclear
material"; if:
(1) The "nuclear material":
(a) Is at any "nuclear facility" owned by,
or operated by or on behalf of, an
insured; or
{b) Has been discharged or dispersed
therefrom;
(2) The "nuclear material" is contained in
"spent fuel" or "waste" at any time
possessed, handled, used, processed,
stored, transported or disposed of by or
on behalf of an insured; or
(3) The "bodily injury" or "property damage"
arises out of the furnishing by an insured
of services, materials, parts or equipment
in connection with the planning,
construction, maintenance, operation or
use of any "nuclear facility"; but if such
facility is located within the United States
of America, its territories or possessions
or Canada, this Exclusion (3) applies only
to "property damage" to such "nuclear
facility" and any property thereat.
d. As used in this exclusion:
SB-300000-D
(Ed. 04114)
(1) "By-product material" has the meaning
given it in the Atomic Energy Act of 1954
or in any law amendatory thereof;
(2) "Hazardous properties" include
radioactive, toxic or explosive properties;
(3) "Nuclear facility" means:
(a) Any "nuclear reactor";
(b) Any equipment or device designed or
used for:
(i) Separating the isotopes of
uranium or plutonium;
(ii) Processing or utilizing "spent
fuel"; or
(iii) Handling, processing or
packaging "waste";
(c) Any equipment or device used for the
processing, fabricating or alloying of
"special nuclear material" if at any
time the total amount of such material
in the custody of the insured at the
premises where such equipment or
device is located consists of or
contains more than 25 grams of
plutonium or uranium 233 or any
combination thereof, or more than
250 grams of uranium 235;
(d) Any structure, basin, excavation,
premises or place prepared or used
for the storage or disposal of "waste";
and includes the site on which any of the
foregoing is located, all operations
conducted on such site and all premises
used for such operations;
(4) "Nuclear material" means "source
material," "special nuclear material" or
"byproduct material";
(5) "Nuclear reactor" means an apparatus
designed or used to sustain nuclear
fission in a self-supporting chain reaction
or to contain a critical mass of fissionable
material;
(6) "Property damage" includes all forms of
radioactive contamination of property.
(7) "Source material" has the meaning given
it in the Atomic Energy Act of 1954 or in
any law amendatory thereof;
(8) "Special nuclear material" has the
meaning given it in the Atomic Energy Act
of 1954 or in any law amendatory thereof;
(9) "Spent fuel" means any fuel element or
fuel component, solid or liquid, which has
SB-300000-D
(Ed. 04114)
Includes copyrighted 1naterial of Insurance Services Office, Inc., with its pennission Page 9 of 16 been used or exposed to radiation in a
"nuclear reactor
11 ;
(10)"Waste" means any waste material:
(a) Containing "by-product material"
other than the tailings or wastes
produced by the extraction or
concentration of uranium or thorium
from any one processed primarily for
its "source material" content; and
(b) Resulting from the operation by any
person or organization of any
"nuclear facility" included under
Paragraph (a) and (b) of the definition
of "nuclear facility."
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. 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
SB-300000-D
(Ed. 04/14)
"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" as a
consequence of Paragraph (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 (a) or (b); or
(d) Arising out of his or her providing or
failing to provide professional health
care services.
(2) "Property damage" to property:
(a) Owned, occupied or used by,
(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. Any person (other than your "employee" or
"volunteer worker''), or any organization while
acting as your real estate manager.
c. 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. Your legal representative if you die, but only
with respect to duties as such. That
representative will have all your rights and
duties under this policy.
SB-300000-D
(Ed. 04/14)
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3. 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.
4. Any organization you newly acquire or form, other
than a partnership or joint venture, and over which
you maintain ownership of majority interest, 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 90th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier;
b. Bodily Injury and Property Damage coverage
does not apply to "bodily injury" or "property
damage" that occurred before you acquired or
formed the organization; and
c. Personal and Advertising Injury coverage
does not apply to "personal injury" or
"advertising injury" arising out of an offense
committed before you acquired or formed the
organization.
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 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. The most we will pay for:
SB-300000-D
(Ed. 04/14)
a. Injury or damages under the "products
completed operations hazard" arising from all
"occurrences" during the policy period is the
Products-Completed Operations Aggregate
Limit shown in the Declarations.
b. All other injury or damages, including medical
expenses, arising from all
11 occurrences
11 during the policy period 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 aggregate Limit does not apply to
"property damage" to premises rented to you
arising out of fire, lightning or explosion.
3. Subject to item 2. above, 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 Expense 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. Subject to item 2. 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. The most we will pay under Business Liability
Coverage for damages because of "property
damage" to premises rented to you, or in the case
of fire, while rented to you or temporarily occupied
by you with permission of the owner, is the
Damage To Premises Rented To You Limit shown
in the Declarations.
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
the three.
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.
SB-300000-D
(Ed. 04/14)
Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 11 of16 The Limits of this policy 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 period 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. Businessowners Liability Conditions
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our
obligations under this policy.
2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. You 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. If a claim is made or "suit" is brought against
any insured, you must:
(1) Immediately record the specifics of the
claim or "suit" and the date received; and
(2) Notify us as soon as practicable.
You must see to it that we receive written
notice of the claim or "suit" as soon as
practicable.
c. You and any other involved insured must:
(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, or
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
SB-300000-D
(Ed. 04/14)
damage to which this insurance may also
apply.
d. 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.
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
policy:
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 policy 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 policy 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 claimant's legal
representative.
5. Separation Of Insureds
Except with respect to the Limits of Insurance in
this policy, 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
claim is made or "suit" is brought.
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6. Unintentional Failure to Disclose Hazards
It is agreed that based on our reliance on your
representations as to existing hazards, if
unintentionally you should fail to disclose all such
hazards at the inception date of your policy, we
shall not deny any coverage under this Coverage
Form because of such failure.
F. Liability And Medical Expenses Definitions
1. "Advertisement" means a notice that is broadcast
or published to the general public or specific
market segments about your goods, products or
services for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding web-sites, only that part of a web
site that is about your goods, products or
services for the purposes of attracting
customers or supporters is considered an
advertisement.
2. "Auto" means a land motor vehicle, trailer or
semitrailer designed for travel on public roads,
including any attached machinery or equipment.
But "auto" does not include "mobile equipment."
3. "Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death
resulting from any of these at any time.
4. "Coverage territory" means:
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 Paragraph a. above; or
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 Paragraph a.
above;
(2) The activities of a person whose home is
in the territory described in Paragraph 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 a "suit" on the
SB-300000-D
(Ed. 04114)
merits in the territory described in Paragraph
a. above or in a settlement we agree to.
5. "Employee" includes a "leased worker."
"Employee" does not include a "temporary
worker."
6. "Executive officer" means a person holding any of
the officer positions created by your charter,
constitution, by-laws or any other similar
governing document.
7. "Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.
8. "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
b. You have failed to fulfill the terms of a contraqt
or agreement;
if such property can be restored to use by:
(1) The repair, replacement, adjustment or
removal of "your product" or "your work";
or
(2) Your fulfilling the terms of the contract or
agreement.
9. "Insured contract" means:
a. A contract for a lease of premises. However,
that portion of the contract for a lease of
premises that indemnifies any person or
organization for damage by fire to premises
while rented to you or temporarily occupied by
you with permission of the owner is not an
"insured contract";
b. A sidetrack agreement;
c. Any easement or license agreement, except
in connection with construction or demolition
operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to
indemnify a municipality, except in connection
with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement
pertaining to 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.
Tort liability means a liability that would be
SB-300000-D
(Ed. 04/14)
Includes copyrighted matertal of Insurance Services Office, Inc., with its pennission Page 13of16 imposed by law in the absence of any
contract or agreement.
Paragraph f. does not include that part of any
contract or agreement:
(1) 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;
(2) That indemnifies an architect, engineer or
surveyor for injury or damage arising out
of:
(a) Preparing, approving or failing to
prepare or approve maps, drawings,
opinions, reports, suiveys, change
orders, designs or specifications; or
(b) Giving directions or instructions, or
failing to give them, if that is the
primary cause of the injury or
damage; or
(c) Under which the insured, if an
architect, engineer or suiveyor,
assumes liability for an injury or
damage arising out of the insured's
rendering or failure to render
professional seivices, including those
listed in Paragraph (2) above and
supeivisory, inspection or
engineering seivices.
10. "Leased worker" means a person leased to you by
a labor leasing firm under an agreement between
you and the labor leasing firm, to perform duties
related to the conduct of your business. "Leased
worker" does not include a "temporary worker."
11. "Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an
aircraft, watercraft or nauto
11 ;
b. While it is in or on an aircraft, watercraft or
"auto"; or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not
attached to the aircraft, watercraft or "auto."
SB-300000-D
(Ed. 04/14)
12. "Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
b. Vehicles maintained for use solely on or next
to premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, on
which are permanently mounted:
(1) Power cranes, shovels, loaders, diggers
or drills; or
(2) Road construction or
equipment such as graders,
rollers;
resurfacing
scrapers or
e. Vehicles not described in Paragraphs a., b., c.
or d. above that are not self-propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the
following types:
(1) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well seivicing equipment; or
(2) Cherry pickers and similar devices used
to raise or lower workers;
f. Vehicles not described in Paragraphs a., b., c.
or d. above maintained primarily for purposes
other than the transportation of persons or
cargo.
However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but will
be considered
11 autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but
construction or resurfacing; or
(c) Street cleaning;
not
(2) Cherry pickers and similar devices
mounted on automobile or truck chassis
and used to raise or lower workers; and
(3) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well seivicing equipment.
13. "Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.
SB-300000-D
(Ed. 04/14)
Includes copyrighted n1aterial of Insurance Services Office, Inc., Vvilh Hs penn'1ssion Page 14of16 --=
-=
14. "Personal and advertising injury" means injury,
including consequential "bodily injury," arising out
of one or more of the following offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or premises
that a person occupies, committed by or on
behalf of its owner, landlord or lessor;
d. Oral or written publication, in any manner, of
material that slanders or libels a person or
organization or disparages a person's or
organization's goods, products or services;
e. Oral or written publication, in any manner, of
material that violates a person's right of
privacy;
f. The use of another's advertising idea in your
"advertisement"; or
g. Infringing upon another's copyright, trade
dress or slogan in your nadvertisement.
11 15. "Pollutants" mean 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
16. "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 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
the job site has been put to its
intended use by any other person or
organization other than another
contractor or subcontractor working
on the same project.
Work that may need service,
maintenance, correction, repair or
SB-300000-D
(Ed. 04/14)
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.
17. 11
Property damageu 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 the
"occurrence" that caused it.
For the purposes of this insurance, electronic data
is not tangible property.
As used in this definition, electronic data means
information, facts or programs stored as, created
or used on, or 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.
18. "Software" means:
a. Electronic data processing, recording or
storage media such as films, tapes, cards,
discs, drums or cells; and
b. Data and programming records used for
electronic data processing or electronically
controlled equipment stored on such media;
and
c. Written or printed data, such as programs,
routines, and symbolic languages, essential to
the operation of computers; and
d. Documents containing information on the
operation and maintenance of computers.
SB-300000-D
(Ed. 04/14)
Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 15of16
19. "Suit" means a civil proceeding in which damages
because of "bodily injury," "property damage,"
"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 alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits with
our consent.
20. "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.
21. "Volunteer worker" means a person who is not
your "employee," and who donates his or her work
and acts at the direction of and within the scope of
duties determined by you, and is not paid a fee,
salary or other compensation by you or anyone
else for their work performed for you.
22. "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
business or
acquired; and
SB-300000-D
(Ed. 04/14)
organization whose
assets you have
(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
11 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.
23. "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
11 your work
11 ; and
(2) The providing of or failure to provide
warnings or instructions.
SB-300000-D
(Ed. 04/14)
Includes copyrighted n1aterta1 of Insurance Services Office, Inc., \Nith its pennission Page 16of16 eNA
SB-300120-C
(Ed. 06/11)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
SCHEDULED PERSON OR ORGANIZATION - WITH PRODUCTS COMPLETED
OPERATIONS COVERAGE
This endorsement modifies insurance provided under the following;
BUSINESSOWNERS LIABILITY COVERAGE FORM
SCHEDULE'
Name Of Person Or Organization:
' Information reaulred to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations.
A. The following is added to Paragraph C. Who Is An
Insured:
4. Any person(s) or organization(s) shown in the
Schedule is also an additional insured, but only
with respect to liability for "bodily injury," "property damage" or "personal and advertising injury,"
caused, in whole or in part, by;
a. Your acts or omissions; or
b. The acts or omissions of those acting on your
behalf
in the performance of your ongoing operations for
the additional insured(s); at the location(s)
designated above; or
c. "Your work" that Is included In the "products
completed operations hazard" and performed
for the additional insured, but only If this
Polley provides such coverage, and only If the
written contract or written agreement requires
you to provide the additional insured such
coverage.
B. The insurance provided to the additional insured does not apply to "bodily Injury," "property damage," or
"personal and advertising injury" arising out of:
SB-300120-C
(Ed. 06/11)
1. The rendering of, or the failure to render any
professional architectural, engineering, or
surveying services, including;
(a) The preparing, approving, or failing to prepare
or approve maps, shop drawings, opinions,
reports, surveys, field orders, change orders
or drawings and specifications; and
(b) Supervisory, inspection, architectural or
engineering activities.
2. "Bodily Injury," "property damage," or "personal
and advertising injury" arising out of any premises
or work for which the additional insured is
specifically listed as an additional insured on
another endorsement attached to this Policy.
C. The following is added to Paragraph H. of the
Businessowners Common Polley Conditions:
H. Other Insurance
This insurance is excess over any other insurance
naming the additional insured as an Insured
whether primary, excess, contingent or on any
other basis unless a written contract or written
agreement specifically requires that this Insurance
be either primary or primary and noncontributing.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER
FROM OTHERS ENDORSEMENT
Policy Number: 41 WBC AC5W3P Endorsement Number:
Effective Date: 01/08/22 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: Disability Access Consulants, LLC 2862 OLIVE HWY
OROVILLE CA 95966
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 shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
Any person or organization for whom you are required by contract or agreement to obtain this waiver from us.
Endorsement is not applicable in KY, NH, NJ or for any MO construction risk Form WC 00 03 13 Printed in U.S.A.
Process Date: 11/29/21
Countersigned by ------------------~
Authorized Representative
Policy Expiration Date: 01/08/23