PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
MCK AMERICAS, INC.
FOR
ON-CALL CONSULTING FOR ELECTRICAL INSPECTION SERVICES
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 MCK AMERICAS, INC., a California Corporation hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide On-Call Consulting for Electrical Inspection Services; 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
CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Steve McDevitt who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement.
CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement.
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TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT 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 "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date, CONSULTANT 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 "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Seven Hundred Fifty Thousand Dollars ($750,000).
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," CONSULTANT 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
CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 22-11047/277025 2 of 11
DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT 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.
HOLD HARMLESS
A. CONSULTANT 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 CONSULTANT's (or CONSULTANT'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. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT'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 CONSULTANT.
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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"CONSULTANT 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 CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. 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, CONSULTANT 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 CONSULTANT.
PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT'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 22-11047/277025 4 of 11
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. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims.
CONSULTANT 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, CONSULTANT 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 CONSULTANT 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. CONSULTANT 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, CONSULTANT 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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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.
CONSULTANT 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 CONSULTANT'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
CONSULTANT 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. CONSULTANT 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 CONSULTANT 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 CONSULTANT'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 CONSULTANT as provided herein. In the 22-11047/277025 6 of 11
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 CONSULTANT 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
CONSULTANT 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 CONSULTANT 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: TO CONSULTANT:
City of Huntington Beach MCK, Americas, Inc.
ATTN: Director of Public Works ATTN: Brendan McDevitt/Steve McDevitt 2000 Main Street 150 Executive Park Blvd., Suite 2150
Huntington Beach, CA 92648 San Francisco, CA 94134
17. CONSENT
When CITY's consent/approval is 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 22-11047/277025 8 of 11
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
CONSULTANT 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
CONSULTANT 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 construe, 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. GOVERNING LAW
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, factor circumstance not expressly set forth in this 22-11047/277025 10 of 11
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,
MCK AMERICAS, IN CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
By:
BRONDAN. MODEVITT Mayor
print name
ITS: (circle one) Chairman Presiden Vice President
City Clerk
INITIATED AND APPROVEL
no Devitt case
Director of Public Works
ITS: (circle one) Secretary/ChiçfPinancial Officer/Asst.
Secretary - Treasurer
REVIEWED AND APPROVED:
City Manage
Cily Attorney M
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EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed) In general, Consultant shall perform consulting services on an "on-call" basis for projects assigned by the City.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
Consultant shall provide experienced personnel, equipment, and facilities to perform the following tasks.
1. Provide Construction Project electrical facilities inspection services.
2. Provide Construction Project instrumentation and control facilities inspection services.
3. Provide Construction Project System Control and Data Acquisition (SCADA) facilities Inspection services.
4. Coordinate with Electrical Plans, Instrumentation and Control Plans, and SCADA Plans to insure compliance with City of Huntington Beach standard practices.
5. Coordinate with Electrical Engineering Consultants to insure New Project systems are compatible with existing Instrumentation and Control Systems, and SCADA Systems.
6. Provide standards for the manufacture of new panels and ensure that the City of Huntington Beach's standards are met.
7. Provide Electrical Meter Releases in coordination with the City's Project Team.
8. Review Construction Submittals for compliance with City Project Specifications.
9. Represent the City at Factory Acceptance Tests of electrical, control, and instrumentation panels.
10. Assist the City with Arc Flash Labeling requirements at the Water/Wastewater Facilities.
This includes providing full Power System Studies as needed.
11. Supervise and coordinate electrical loop test on new facilities.
12. Review electrical loop drawings, and identify deficiencies in loop drawings.
13. Develop and provide Start-up Plans for the commissioning of new and upgraded City
14. Assume the lead role in coordinating and directing startup and commissioning activities.
15. Assist the City with the development of Electrical and Instrumentation/Control Standards.
EXHIBIT A
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
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.
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.
A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT 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 CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and
For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT 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 CONSULTANT 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 CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein.
1 Exhibit B
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
EXHIBIT B
City of Huntington Beach
On Call Electrical Inspection Services
MCK
Standard Hourly Rate Fee Schedule (2021 Rates)
Fully Burdened Billing
Job Classification
Rate ($/hr.)
MCK Americas, Inc.
Brendan McDevitt, Principal $210
James Weber, Electrical Inspector $175
Al Cochran, Electrical Inspector $170
Dave Marchbanks, Electrical Inspector $170
Stephen Bennett, Electrical Inspector $165
Scott Myers, Technical Expert $185
Paul Warnick, Electrical Inspector $160
Richard Frye, Electrical Inspector $165
Anthony Durney, Electrical Inspector $170
MCK Americas Inc.
ACORD® DATE (MMIDDYYYY)
CERTIFICATE OF LIABILITY INSURANCE 1/20/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements).
PRODUCER MONE The Certificate Team
AssuredPartners Design Professionals Insurance Services, LLC PHONE I ENC, NO):
3697 Mt. Diablo Blvd Suite 230 NIC. No, Ext):
E-MAIL
Lafayette CA 94549 ADDRESS: [email protected]
INSURERS) AFFORDING COVERAGE NAIC I
Licensell: 6003745 INSURERA: Travelers Casually and Surely Co of America 31194 INSURED MCKAMER-01 INSURER B: Sentinel Insurance Company 11000 MCK Americas, Inc. dba: MCK Associates, LLC INSURER C: Hartford Accident and Indemnity Company 22357 150 Executive Park Blvd. Ste 2150
San Francisco CA 94134 INSURER D: Travelers Property Casually Company of America 25674 INSURER E:
INSURER F:
THIS IS TO CERTIFY THAT THE POUCES OF INSURANCE ESTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABU FOR THE POLICY PERIOD CERTIFICATE NUMBER: 245124982 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID AND HEREN IS SURECT TO ALL THE TERMS, INSR
TR TYPE OF INSURANCE POLICY NUMBER LIMITS
INSDWVD
X COMMERCIAL GENERAL LIABILITY 57SBWID7656 7129/2021 7/29/2022 EACH OCCURRENCE $2,000,000 ] CLAIMS-MADE X OCCUR $ 1,000,000
Contractual Liab MED EXP (Any one person) $ 10,000
Included PERSONAL & ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY SECT PRODUCTS - COMP/OP AGG $4,000,000
OTHER: $ 1,000,000
AUTOMOBILE LIABILITY Y Y 57UEGFM1054 7129/2021 7128/2022 X ANY AUTO BODILY INJURY (Per person)
OWNED SCHEDULED BODILY INJURY (Per accident) s
AUTOS ONLY AUTOS
HIRED NON-OWNED
AUTOS ONLY AUTOS ONLY
UMBRELLA LIAB OCCUR Y Y 57SBWD7656 7/29/2021 7129/2022 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000.000
DED _ RETENTIONS 10,000
D WORKERS COMPENSATION UB1R683645 7129/2021 7/29/2022
AND EMPLOYERS' LIABILITY YIN
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N/ A
(Mandatory in NH) EL. DISEASE -EA EMPLOYEE $ 1,000,000
DESRPTPERATONS DOW describe under EL.DISEASE - POLICY LIMIT $1,000,000 A Professional Liability 107122263 7/29/2021 7/29/2022 $2,000,000 $2,000,000
BY: MICHAEL E. GATES
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS
AUTHORIZED REPRESENTATIVE
SErs
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
TRAVELERST WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 (A) -
POLICY NUMBER: UB1R683645
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
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.
The additional premium for this endorsement shall be % of the California workers' compensation pre- mium.
Schedule
Person or Organization Job Description
Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Insurance Company Countersigned by
Travelers Property Casualty Company of America
DATE OF ISSUE: 1/20/2022 Page 1 of 1
57UEGFM1054 COMMERCIAL AUTOMOBILE
HA 99 16 03 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other rovisions of the Coverage Form, the provisions of this endorsement apply
1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your
personal affairs.
The Named Insured shown in the
Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.1. - WHO IS AN INSURED - of partnership or joint venture, formed as a Section I| - Liability Coverage is amended to subsidiary in which you have add:
ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if:
include subsidiary
1) The agreement requires you t
"insured" under any other automobile
rovide direct brimar insurance to
policy or would be an "insured" under
the lessor and
such a policy but for its termination or
the exhaustion of its Limit of Insurance. (2) The "auto" is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, "auto" you hire.
the Named Insured does not include any Additional Insured if Required by Contract newly formed or acquired organization:
(1) Paragraph A.1. - WHO IS AN INSURED
(a) That is a partnership or joint - of Section II - Liability Coverage is amended to add:
(b) That is an "insured" under any other f. When you have agreed, in a written policy, contract or written agreement, that a
(c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or tormation by you organization is an "insured", but only unless you have given us notice o to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury" or "property damage" caused injury" or "property damage" that results by the conduct of an "insured" under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the ownership, maintenance or use of a
B. Employees as Insureds covered "auto."
Paragraph A.1. - WHO IS AN INSURED - of
SECTION II - LIABILITY COVERAGE is
amended to add:
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs:
an additional insured in 1.D. - Additional
(1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply:
written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract
of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also primary, we will share with all that other
If you have agreed in a written contract insurance by the method described in or written agreement that another
Other Insurance 5.d.
person or organization be added as an
additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of Insurance specified in or written agreement that this insurance the written contract written is primary and non-contributory with the agreement; or additional insured's own insurance, this
Insurance is primary and we will not
(b) The Limits of Insurance shown in seek contribution from that other the Declarations.
insurance.
Such amount shall be a part of and not
Paragraphs (3) and (4) do not apply to other
in addition to Limits of Insurance shown
Insurance to which the additional insured
in the Declarations and described in this
has been added as an additional insured.
Section.
When this insurance is excess, we will have no
(3) Additional Insureds Other Insurance duty to defend the insured against any "suit" if If we cover a claim or "sult" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other insurers. to the other insurer for defense and
When this insurance is excess over other
indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a
written contract or written agreement
(1) The total amount that all such other
that this Insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance.
(2) The total of all deductible and self-insured
(4) Duties in The Event Of Accident, Claim, amounts under all that other insurance.
Suit or Loss
We will share the remaining loss, if any, by the
If you have agreed in a written contract method described in Other Insurance 5.d. written agreement that another
person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire.
CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM, SUIT by adding the following:
OR LOSS - OF SECTION IV -
BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE
behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of
3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000.
EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION I| - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the "outstanding balance" of the loan/lease.
4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of "loss" less Coverage and if Comprehensive, Specified any amounts representing Causes of Loss, or Collision coverages are payments; penalties, provided under this Coverage Form for any resulting from overdue payments; additional mileage charges; excess wear and tear charges;
"auto" you own, then the Physical Damage
Coverages provided are extended to "autos" you lease termination fees; security deposits not hire or borrow, subject to the following limit. returned by the lessor; costs for extended warranties, credit life Insurance, health, accident
The most we will pay for "loss" to any hired or disability insurance purchased with the loan or "auto" is: lease; and carry-over balances from previous (1) $100,000; loans or leases.
(2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the "loss"; or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION - PHYSICAL DAMAGE damaged or stolen property, COVERAGE, the following is added:
whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag.
coverage. No deductible applies to "loss" caused 8. ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible
insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL
and excess provisions, we will provide coverage
equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the covered "auto" you own. following:
We will also cover loss of use of the hired "auto" Exclusions 4.c. and 4.d. do not apply to if it results from an "accident", you are legally equipment designed to be operated solely by use of the power from the "auto's"
liable and the lessor incurs an actual financial electrical system that, at the time of "loss", loss, subject to a maximum of $1000 per is:
"accident"
This extension of coverage does not apply to (1) Permanently installed in or upon any "auto" you hire or borrow from any of your the covered "auto" "employees", partners (if you are a partnership), (2) Removable from a housing unit members (if you are a limited liability company), which is permanently Installed in or members of their households. or upon the covered "auto"; (3) An integral part of the same unit
housing any electronic
equipment described
Paragraphs (1) and (2) above; or
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 3 of 5 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered "auto" or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's" operating system. the same "accldent", the following applies:
b.Section III - Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, PhysIcal Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible, it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following:
deductible.
$1,500 is the most we will pay for "loss" in 12. AMENDED DUTIES IN THE EVENT OF any one "accident" to all electronic
ACCIDENT, CLAIM, SUIT OR LOSS
equipment (other than equipment designed
The requirement in LOSS CONDITIONS 2.a. -
solely for the reproduction of sound, and
DUTIES IN THE EVENT OF ACCIDENT, CLAIM,
accessories used with such equipment)
SUIT OR LOSS - of SECTION IV - BUSINESS
that reproduces, receives or transmits
audio, visual or data signals which, at the AUTO CONDITIONS that you must notify us of time of "loss", is: an "accident" applies only when the "accident" is known to:
(1) Permanently installed in or upon
the covered "auto" in a housing, (1) You, if you are an individual; opening or other location that is not (2) A partner, if you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of
company; or
such equipment;
(4) An executive officer or insurance manager, if
(2) Removable from a permanently you are a corporation. installed housing unit as described
13. UNINTENTIONAL FAILURE TO DISCLOSE
in Paragraph 2.a. above or is an
HAZARDS
integral part of that equipment; or
If you unintentionally fail to disclose any hazards
(3) An integral part of such equipment.
existing at the inception date of your policy, we
will not deny coverage under this Coverage
Form because of such failure.
pay for, repair, return or replace damaged or
stolen electronic equipment will be reduced by 14. HIRED AUTO - COVERAGE TERRITORY applicable deductible shown Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO
- BROADENED CONDITIONS is replaced by the following:
9. EXTRA EXPENSE
COVERAGE e. For short-term hired "autos", the coverage
Under Paragraph A. - COVERAGE - of SECTION anywhere in the world provided that if the IlI - PHYSICAL DAMAGE COVERAGE, we will
"insured's" responsibility to pay damages for
pay for the expense of returning a stolen covered "bodily injury" or "property damage" is "auto" to you. determined in a "suit," the "suit" is brought in
10. GLASS REPAIR - WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D. - DEDUCTIBLE - of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to.
No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass Is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY
11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D. - DEDUCTIBLE - of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following:
following is added:
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 4 of 5 We waive any right of recovery we may have c. Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one
damages under this Coverage Form. "loss" is $10,000.
16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V- a.A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to "Bodily injury" means bodily injury, sickness or move the auto but does not include autos disease sustained by any person, including powered solely by electricity or natural gas. mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these. Internal combustion engine and one or more
electric motors; and that uses the internal
17. EXTENDED CANCELLATION CONDITION combustion engine and one or more electric Paragraph 2. of the COMMON POLICY motors to move the auto, or the internal CONDITIONS - CANCELLATION - applies combustion engine to charge one or more except as follows: electric motors, which move the auto.
If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE nonpayment of premium, we will mail or deliver
In the event of a total loss to an "auto" for which
to the first Named Insured written notice of
cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or date of cancellation. Collision coverages are provided under this Coverage Form, then such Physical Damage
18. HYBRID, ELECTRIC, OR NATURAL GAS Coverages are amended to add the following:
VEHICLE PAYMENT COVERAGE
In addition to the actual cash value of the "auto",
In the event of a total loss to a "non-hybrid" auto we will pay up to $1,000 for vinyl vehicle wraps for which Comprehensive, Specified Causes of which are displayed on the covered "auto" at the Loss, or Collision coverages are provided under time of total loss. Regardless of the number of this Coverage Physical autos deemed a total loss, the most we will pay Damage Coverages are amended as follows: under this Vehicle Wrap Coverage provision for a.lf the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of $2,500, of the "non-hybrid" auto's not considered vehicle wraps. value or replacement cost,
whichever is less,
b.The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of "loss,"
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5 Policy # 57SBWID7656
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED PROVISIONS - CALIFORNIA
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
A. It is agreed that paragraph (2) of subsections 6.d OPTIONAL INSURED and 6.f. of Section C. - WHO IS AN INSURED Is
replaced by the following:
(2) The insurance afforded by paragraph (1) above
does not apply if your acts or omissions, or the COVERAGES. These paragraphs do not attach or acts or omissions of those acting on your behalf, amend the language of any of the other subsections that are alleged to have , or personal al. of Section F - OPTIONAL ADDITIONAL INSURED injury", "property damage" or "personal and COVERAGES:
advertising injury", involve professional The insurance afforded by this subsection does not architectural, engineering or surveying services, apply if your acts or omissions, or the acts or including but not limited to: omissions of those acting on your behalf, that are (a) The preparing, approving, editing of or alleged to have caused the "bodily injury", "property failure to prepare approve, shop damage" or "personal and advertising injury", drawings, maps, opinions, reports, surveys, involve professional architectural, engineering or change orders, field orders, designs, surveying services, including but not limited to:
drawings, specifications, warnings, (a) The preparing, approving, editing of or recommendations, permit applications failure to prepare or approve, shop payment requests, manuals or instructions; drawings, maps, opinions, reports, surveys, (b) Supervisory, inspection, quality control, change orders, field orders, designs, architectural, engineering or Surveying drawings, specifications, warnings, activities or services; recommendations, permit applications payment requests, manuals or instructions;
(c) Maintenance of job site safety, construction
administration, construction contracting, (b) Supervisory, inspection, quality control, construction computer architectural, engineering or surveying consulting or design software development activities or services; or programming service, or selection of a (c) Maintenance of job site safety, construction contractor or programming service; administration, construction contracting, (d) Monitoring, sampling, or testing service construction computer necessary to perform any of the services consulting or design software development included in a. b. or c. above; or programming service, or selection of a contractor or programming service;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing (d) Monitoring, sampling, or testing service any of the services Included in a., b. or c. necessary to perform any of the services above. included in a. b. or c. above;
The insurance afforded to such additional (e) Supervision, hiring, employment, training or insured: monitoring of others who are performing any
(a) Only applies to the extent permitted by law; of the services included in a., b. or c. above.
The insurance afforded to such additional insured:
(b) Will not be broader than that which you are (a) Only applies to the extent permitted by law; required by the contract or agreement to and
provide for such additional insured. (b) Will not be broader than that which you are B. It is agreed that the following paragraphs are added required by the contract or agreement to to the end of subsections 1. and 8. of Section F- provide for such additional insured.
Form SS 51 14 04 17 Page 1 of 1
© 2017, The Hartford
Policy # 57SBWID7656 BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to:
control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or
"employees", "volunteer workers" injury"
(2) "Personal and advertising
any partner or member (if you are
arising out of an offense committed
a partnership or joint venture, or
any member (if you are a limited before you acquired or formed the liability company. organization.
b. Real Estate Manager 4. Operator Of Mobile Equipment
Any person (other than your "employee" or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your permission. Any other person or organization
Property
responsible for the conduct of such person is
Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured (2) Until your legal representative has with respect to:
been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that is less than 51 feet long and is not being used
yours which is a legally incorporated entity
of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission.
organization responsible for the conduct of
The insurance afforded herein for any such person is also an insured, but only with subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to of the watercraft, and only if no other injury or damage with respect to which an insurance of any kind is available to that insured under this insurance is also an
person or organization for this liability.
insured under another policy or would be
an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to:
limits of insurance. a. "Bodily injury" to a co-"employee" of the
3. Newly Acquired Or Formed Organization person operating the watercraft; or b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar Insurance Written Contract, Written Agreement Or available to that organization. However: Permit
a. Coverage under this provision is afforded The person(s) or organizations) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and 57SBWID7656
Form SS 00 08 04 05 Page 11 of 24
Policy # 57SBWID7656
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a (e) Any failure to make such permit Issued by a state political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products;
insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed
at the vendor's premises in
However, no such person or organization is an connection with the sale of the additional insured under this provision if such
product;
person or organization is included as an
additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for the vendor; or
57sEvbABljonal Additional Insured Coverages.
a. Vendors (h) "Bodily injury" or "property
damage" arising out of the sole
Any person(s) or organization(s) (referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to:
business and only if this Coverage Part
provides coverage for "bodily injury" or (i) The exceptions contained in damage" included Subparagraphs (d) or (f); or
"products-completed operations hazard". (il) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual
course of business, in
This insurance does not apply to: connection with the distribution (a) "Bodily injury" "property or sale of the products.
damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the of
liability in a contract or agreement. whom you have acquired such products, or any ingredient, part or container,
This exclusion does not apply to entering Into, accompanying or
liability for damages that the containing such products. vendor would have in the absence b. Lessors Of Equipment of the contract or agreement;
(b) Any warranty (1) Any person or organization from
express
unauthorized by you; whom you lease equipment; but only with respect to their liability for "bodily
(c) Any physical or chemical change "property
in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your
when naintenance, operation or use of
unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under
instructions from the manufacturer,
and then repackaged in
original container;
Policy # 57SBWID7656 BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions
нонал парково аму
Insurance does not apply to (1) Any state or political subdivision, but "occurrence" which takes place only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision has issued a permit.
(1) Any person or organization from
whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury", "properly damage" leased to you. or "personal and advertising
(2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or
(a) Any "occurrence" which takes (b) "Bodily injury" or "property damage". place after you cease to lease that included within the "products- or be a tenant in completed operations hazard".
premises; or f. Any Other Party
(b) Structural alterations, new (1) Any other person or organization who construction demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf such person Or respect to liability for "bodily injury", organization. "property damage" or "personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or the acts or omissions of those acting
only with respect to liability for "bodily
on your behalf:
your as or onese (a) In the performance of your
ongoing operations;
the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or
(a) In connection with your premises; (c) In connection with "your work" and included within the "products-
(b) In the performance of completed operations hazard", but ongoing operations performed by only if
you or on your behalf. (l) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and Tody intance does y damage to (ii) This Coverage Part provides 'bodily injury", coverage for "bodily injury" or
and advertising injury" "property damage" included
arising out of the rendering of or the within the "products- render any professional completed operations hazard".
services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, to these additional insureds, this failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" orders, arising out of the rendering of, or the
drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural engineering services, including:
activities. 57SBWID7656
Form SS 00 08 04 05 Page 13 of 24
Policy # 57SBWID7656
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, or owner, arising out of fire, lightning or drawings and specifications; or explosion.
(b) Supervisory, inspection, 3. Each Occurrence Limit
architectural or engineering
Subject to 2.a. or 2.b above, whichever
activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. - Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations.
Is described in the Other Insurance Condition The most we will pay for all medical expenses ay for al medicated pry any In Section E. - Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all 57SBWe706clarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations.
1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits Insurance shown in the
Declarations and the rules below fix the most The Damage To Premises Rented To You we will pay regardless of the number of: Limit is the most we will pay under Business Liability Coverage for damages because of
a. Insureds; "property damage" to any one premises, while b. Claims made or "suits" brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing "suits". temporarily occupied by you with permission of the owner.
2. Aggregate Limits
The most we will pay for: In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To
a. Damages because of "bodily injury" and You Limit applies to all damage proximately damage" included caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these.
Aggregate 6. How Limits Apply To Additional Insureds
Declarations.
b. Damages because of all other "bodily The most we will pay on behalf of a person or organization who is an additional insured
injury", "property damage" or "personal
and advertising injury", including medical under this Coverage Part is the lesser of:
expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or permit issued by a state or political
This General Aggregate Limit applies
separately to each of your "locations" subdivision; or
owned by or rented to you. b. The Limits of Insurance shown in the Declarations.
"Location" means premises involving the
ame or connecting lots or premises Such amount shall be a part of and not in hose connection is interrupted only by: addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad.
Policy # 57SBWID7656 BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3. above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes
d. Obligations At The Insured's Own Cost
57SBWbetermining the Limits of Insurance.
No insured will, except at that insured's own
E. LIABILITY AND MEDICAL EXPENSES cost, voluntarily make a payment, assume GENERAL CONDITIONS any obligation, or incur any expense, other
1. Bankruptcy than for first aid, without our consent.
Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered
2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured must submit such claim or "suit" to the
a. Notice Of Occurrence Or Offense other insurer for defense and indemnity.
You or any additional insured must see to
However, this provision does not apply to
it that we are notifled
practicable of an "occurrence" or an the extent that you have agreed in a written contract, written agreement or
offense which may result in a claim. To
permit that this insurance is primary and
the extent possible, notice should include: the additional non-contributory with
(1) How, when and where the "occurrence" insured's own insurance. or offense took place;
f. Knowledge Of An Occurrence, Offense,
(2) The names and addresses of any Claim Or Suit
Injured persons and witnesses; and
Paragraphs a. and b. apply to you or to
(3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to:
b. Notice Of Claim (1) You or any additional insured that is If a claim Is made or "suit" is brought an individual;
against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership;
(1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and
(4) Any "executive officer" or insurance
(2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; It that we receive a written notice of the (5) Any trustee, If you or an additional clalm or "sult" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political
You and any other involved insured must: subdivision or public entity.
Form SS 00 08 04 05 Page 15 of 24
Policy # 57SBWID7656
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations.
3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards
financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law.
If other valid and collectible insurance is
b. With respect to "mobile equipment" to
available for a loss we cover under this
which this insurance applies, we will
Coverage Part, our obligations are limited as
provide any liability, uninsured motorists, follows:
underinsured motorists, no-fault or other
coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also
4. Legal Action Against Us primary, we will share with all that other insurance by the method described in c.
No person or organization has a right under
below.
this Coverage Form:
b. Excess Insurance
a. To join us as a parly or otherwise bring us
into a "suit" asking for damages from an This insurance is excess over any of the insured; or other insurance, whether primary, excess,
contingent or on any other basis:
b. To sue us on this Coverage Form unless
all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage
A person or organization may sue us to recover Builder's Risk, Installation Risk o on an agreed settlement or on a final judgment similar coverage for "your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of
That is fire, lightning or explosion
this insurance or that are in excess of the
applicable limit of insurance. insurance for premises rented to you An agreed
or temporarily occupied by you with
settlement means a settlement and release of
permission of the owner;
liability signed by us, the insured and the
claimant or the claimant's legal representative. (3) Tenant Liability
5. Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance, cover your liability as a tenant for "property damage" to premises rented
and any rights or duties specifically assigned to you or temporarily occupied by you in this policy to the first Named Insured. this
with permission of the owner;
insurance applies:
a. As if each Named Insured were the only (4) Aircraft, Auto Or Watercraft Named Insured; and If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to
b. Separately to each insured against whom the extent not subject to Exclusion g. of 57SBWID708gclaim is made or "suit" is brought. Section A. - Coverages.
6. Representations (5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree:
(1) The statements in the Declarations
are accurate and complete;
(2) Those statements are based upon subject to Exclusion k. of Section A. - representations you made to us; and
Policy # 57SBWID7656 BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that
exceeds the sum of:
That is other insurance available to
you covering liability for damages (1) The total amount that all such other arising ou of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance.
7) When You Add Others As Al We will share the remaining loss, if any, with Additional To This any other insurance that is not described in Insurance this Excess Insurance provision and was not
That is other insurance avallable to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the
However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach,
(a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This Insurance is primary if you insurance or none of the loss remains, whichever comes first.
have agreed in a written contract,
written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total applicable limits of insurance of all insurers.
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or contract, written agreement part of any payment, including permit that this insurance Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's transferred to us. The insured must do insurance, this insurance nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not
Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation)
57SBWIDad itional insured.
If the insured has waived any rights of
When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, Including Supplementary Payments, we
other Insurer has a duty to defend the have made under this Coverage Part, we If no other also waive that right, provided the insured Insured defends, water undertake odo
waived their rights of recovery against
so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24