02024-63
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this 182 day of April ,2024, by and between the CITY OF MANTECA, a public body, corporate and politic ("City") and Sanderson Bellecci Company, a California corporation ("Consultant").
RECITALS
A. Consultant is specially trained, experienced, and competent to perform the professional services required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions specified herein.
C. City desires to retain Consultant to render the professional services set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the engineering design and environmental services described in the attached Attachment 1 that is incorporated by this reference, and pursuant to the Proposal submitted by Consultant dated January 16, 2024, negotiated Cost Proposal dated March 13, 2024, and attached hereto as Attachment 1. Consultant shall provide these services at the time, place, and in the manner specified in Attachment 1, subject to the direction of the City through its staff that may be provided from time to time.
Performance of the engineering design and environmental services is sometimes referred to herein as "the Project."
2. Work Through City Staff. Consultant shall perform its services pursuant to this Agreement solely through City staff. No communications, information or documentations shall be made directly to any applicant to the City without the prior written consent of the City. This shall not apply to the sole request of information or clarification of information by Consultant from the applicant. All requests shall be noted to City in an expeditious manner.
3. Time of Performance. Consultant's services will commence upon execution of this Agreement and shall be completed in accordance with the Schedule of Activities, attached hereto as Attachment 2. All work shall be completed no later than December 31, 2025. Failure to submit work products in accordance with the Schedule of Activities may result in the City withholding progress payments. Repeated failure to complete work products in accordance with the Schedule of Activities may result in a reduction of the total compensation provided for in Section 4 herein.
4. Compensation. Without additional authorization from the City, compensation to be paid to Consultant shall not exceed Two Hundred Sixty Thousand Six Hundred Thirty DOLLARS ($260,630.00). Payment by City under this Agreement shall not be deemed a waiver of any defects, even if those defects were known to the City at the time of payment.
5. Method of Payment. Consultant shall submit monthly billings to City specifying and describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours expended and by whom, and a description of any reimbursable expenditures. Full payment of each task will only be made at such time as each task is completed.
City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. Payments may be delayed by City if Consultant fails to provide services in accordance with the Schedule of Activities, unless the City has provided prior written consent to any delay in the schedule.
6. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, the term "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without the City's prior written authorization.
7. Termination. This Agreement may be terminated by the City immediately for cause, or by either party without cause upon 15 days' prior written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination upon submittal of an invoice for same.
8. Ownership of Documents; Confidentiality.
All plans, studies, documents, and other writings prepared by and for Consultant, its officers, employees, agents, and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of City upon payment to Consultant for such work. City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request by City. Consultant shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose. omputer proeram data, immorcord data, writen in forns or, and osher documents and dat either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. These materials shall not, without the City's prior written consent, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall these materials be disclosed to any person or entity not connected with the performance of services under this Agreement. Nothing furnished to Consultant that is otherwise known to Consultant, or is generally known, or has become known to the related profession shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to the Project for which Consultant's services are 2 rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production, or other similar medium without the City's prior written consent.
9. Consultant's Books and Records.
A. Consultant shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City, for a minimum period of three years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement.
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Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address specified in Section 16 of this Agreement.
D. Where City has reason to believe that records or documents may be lost or discarded due to the dissolution or termination of Consultant's business, City may, by written request, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to these records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in- interest.
10. Independent Contractor. In the performance of the work and services required by this Agreement, Consultant shall act as and be an independent contractor and not an agent, or employee of the City. Consultant shall obtain no rights to retirement or other benefits that accrue to City's employees, and Consultant expressly waives any claim it may have to any such rights. 1l. Interest of Consultant.
Consultant represents that neither it nor any employee has any investment or interest in real property, and shall not acquire any such interest, direct or indirect, within the area covered by this Agreement, or any other source of income, interest in real property, or investment that would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further represents that, in the performance of its duties hereunder, no person having any such interest shall perform any services under this Agreement.
B. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
3 (1) will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City, or of any City official, other than normal Agreement monitoring; and
(2) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant.
City is relying upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement.
Consultant shall therefore provide skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of' competent professionals in Consultant's field of expertise.
The primary provider of the services required by this Agreement shall be Daniel Leary, PE, PTOE, QSD. A list of other individuals assigned to the Project will be provided to City for its review and approval, and these individuals shall not be replaced without the City's prior written consent.
13. Compliance with Laws. Consultant shall use the customary standard of care in its profession to comply with all applicable federal, state, and local statutes, codes, ordinances, and regulations.
14. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals that are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance, and approvals that are legally required of Consultant to practice its profession.
15. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers, from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith), arising out of Consultant's performance of this Agreement, or Consultant's failure to comply with any of its obligations contained in this Agreement; excluding, however, any claim arising out of the active negligence or willful misconduct of the City, its officers, agents, employees, or volunteers.
16. Insurance Requirements.
A. Job specific insurance requirements can be found on the attached Attachment
3. Other insurance provisions can be found below:
4 B. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an A.M. Best's rating of no less than A:VII and shall be endorsed with language substantially as follows:
(1) The City, its elected and appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work.
(2) The policy shall be considered primary insurance as respects the City, its elected and appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. (3) The insurance shall apply to each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. (4) The insurer waives all rights of subrogation against the City, its elected and appointed officers, officials, employees, and agents. (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officers, officials, employees, agents, or volunteers. (6) The insurance provided by the policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after 30 days written notice has been received by the City.
(7) The City will not accept any endorsements that were issued in 2004. Acceptable endorsement forms are CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of those deductibles or self-insured retentions.
D. Certificates of Insurance. Consultant shall provide to City certificates of insurance with original endorsements as evidence of the required insurance coverage.
Certificates of insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed 5 to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Manteca
1001 W. Center Street
Manteca, CA 95337
Attention: Beshoy Demyan, PE (Senior Engineer)
If to Consultant: Sanderson Bellecci Co.
2290 Diamond Blvd, Suite 100
Concord, CA 94520
Attention: Daniel Leary, PE, PTOE, QSD
18. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in their entirety by this Agreement.
Amendments. This Agreement may be amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Consultant. Assignments of any or all rights, duties, or obligations of the Consultant under this Agreement will be permitted only with the express written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor.
Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay any monies due to any such subcontractor other than as may be required by law.
21. Waiver. Waiver of any breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach or default of the same or any other provision under this Agreement.
22. Severability. If any provision of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
23. Controlling Law: Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California, and any legal action relating to this Agreement shall take place in the Superior Court, County of San Joaquin.
24. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
6 Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS, and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
26. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy has been signed by both parties
27. Authority to Enter Agreement. Consultant warrants that it has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants to the other that the signatories to this Agreement have the legal power, right, and authority to enter into this Agreement and to bind each party.
28. Prohibited Interests.
Consultant warrants that it has not employed or retained any person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.
Further, Consultant warrants that it has neither paid nor agreed to pay any person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For any breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no member, officer, or employee of City, during the period of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
29. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Precedence. In case of conflict between Consultant's Proposal/Consultant's attachments and the City's Agreement/City's attachments, the City's Agreement and City's attachments shall take precedence over Consultant's proposal/Consultant's attachments. 7 This Space Purposely Left Blank
TO EFFECTUATE THIS AGREEMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page 1 above.
CITY OF MANTECA: CONSULTANT:
Sanderson Bellecci Co.
(Type name of Consultant/form of organization)"
Ciy Manager
ATTEST: CITY OF MANFECT By:
WNCORPORATED
Daniel Leary, PE, PTOE, QSD
Principal in Charge
Cassandra Candini-Tilton, (Type name and title)
Director of Legislative Services
COUNTERSIGNED: By:
(Signature)
Shay Narayan Carmen Busman (Type name and title)
Aching Director of Finance
2290 Diamond Blvd., Suite 100
COUNTERSIGNED: Address:
Stephanie Yan ster Concord, CA 94520
Stephanie Van Steyn,
Human Resources Director Telephone: 925-685-4569
APPROVED AS TO FORM:
Danielle
Daniella Green, Assistant City Attorney
ATTACHMENT 1
CONSULTANT'S PROPOSAL AND COST PROPOSAL
10 City of Manteca Exhibit A Scope of Work
Safe Routes to School Project Bellecci & Associates
1.0 Project Initiation & Project Management
Consultant will begin designing the Manteca Safe Routes to Schools Project by first performing the research and assessment of the City's primary goals, concerns and schedule. We have identified the following project goals from our review of the RFP, which will be discussed at the kick-off meeting:
a) design for ADA compliance, b) perform field evaluations to address site conditions, c) prepare quality PS&E with bid items for each item of work as shown in the attached RFP.
The Consultant Project Manager will lead communication throughout the design process. Manteca SRTS Project elements such as design alternatives, schedule, project costs, budget, and meetings should be communicated by the Consultant to the City. We recommend regular project meetings between the design team and the City.
• Project Development Team (PDT) Meeting Every Two Weeks - City PM & Bellecci PM on MS Teams
• Page-Turn Review Meeting for each submittal
• Monthly project reporting using Vantagepoint Deltek, including project resource management tools
The design team will consult with the City Project Manager prior to communications with project stakeholders.
2.0 Curb Ramp Design and Street Crossing
There are six types of curb ramp replacements to be designed:
2.1 Curb Ramp Replacement With Field Surveying, And Grading In this category of curb ramp design the Bellecci team will field survey the curb ramp location, provide a site specific layout of the curb ramp with the landing and the flares, and include detailed grading of the angle points and grade breaks within the curb ramp. The ramps were identified in this category because of an obstruction at the ramp location, or a change in elevation that may affect the ADA compliance and therefore requires a site specific design.
2.2 _Curb Ramp Replacement w/ Field Surveying, Grading & Inlet Relocation This category of curb ramp is for a number of ramps that are located on Poplar Avenue, Sherman Avenue and Argonaut Street per the RFP. Poplar Avenue street corners have an 18" diameter circular drainage inlet that is within the front of the existing curb ramps and in many cases is in conflict with the reconstruction of the new curb ramp. The scope of work for the design of this category of curb ramps is similar to Type 5 above, however there is the added engineering task to design relocation of the drainage inlet. Consultant performed an initial field investigation of the curb inlets on Poplar Avenue and it appears the inlets are piped diagonally across the street towards a storm drain manhole.
One method of relocating the curb ramp is to intercept the existing diagonal pipe an install a small structure, either a clean out or a small manhole, and extend a short segment of new pipe to one of 1 City of Manteca Exhibit A Scope of Work
Safe Routes to School Project Bellecci & Associates
the curb returns outside of the curb ramp and install a new city standard drainage inlet. Our team would also work with the city to discuss other lower cost options for this Type 6 Ramp design.
2.3 Curb Ramp Replacement Per Caltrans Standard Details - Type 3 no surveying or grading required)
This category of curb ramp we'll cover ramp replacements at locations which would not require field surveying or grading for a site-specific design. Ramps that fall into this category are in a location that do not have severe slopes, adjacent walkways or obstructions, or other sidewalk configuration challenges that would require a site-specific field survey and design. Ramps in this category would be shown on the improvement plan with a note call out referencing the Caltrans standard detail, and in most cases would be a Case C curb ramp replacement. As part of the project details for the Type 3 category, there may also be a short segment of sidewalk and/or curb and gutter replacement which extends beyond the curb ramp to accommodate a compliant landing beyond the Case Cramp. This detail will be worked out with City staff during the design process.
2.4 Ramp Replacement Per Caltrans Stnd Details, at Rolled Curb streets - Type 11 (no surveying or grading required)
This category of curb ramp design is nearly the same is type 3 described above. These ramps are in locations which have an existing rolled curb within the ramp area. The only difference in the engineering approach is the detailing that will be provided on the plans to address the transition from a vertical curve to a rolled curb which may require a little more concrete work by the contractor.
2.5 Curb Ramp Replacement w/ Site Specific Layout & Stnd Detail References - Type 4 This category of curb ramp design is similar to the type 3 described above. However these ramps have a site specific field condition, such as; an adjacent walkway, or gate, or driveway. Some of these locations have a back of walk configuration that would affect the contractor bid. These locations will not be field surveyed, but they will require is site review and field measurements by an engineer to map out the horizontal anomalies adjacent to the ramp.
2.6 New Curb Extension at Corner to Accommodate ADA Compliant Ramp This category of curb ramp replacement will require an expanded corner to fit an ADA compliant curb ramp. This category occurs at locations where the corner radius is very tight, and/or there is a power pole or some other vertical existing facility which does not allow enough room for a compliant curb ramp. At these locations there will be field surveying detailed grading and demolition notes.
During preliminary design and field surveying the design team will assess whether or not this corner also requires new storm drain inlets caused by the curb extensions.
2.7 Pedestrian Hybrid Beacon
Some of the key design elements to consider when designing HAWK Hybrid Beacon Improvements:
1. Location of the Signal Pole vs existing utilities and Advance Warning Signs
2. Location of Signal Heads in relation to lane lines, Length of Mast Arm, and side streets 2 City of Manteca Exhibit A Scope of Work
Safe Routes to School Project Bellecci & Associates
3. Proximity of pole to adjacent residence, noise levels and coordination with property owners
4. Pedestrian Push Button Locations in relation to ground level
5. Street Lighting at crosswalk
6. Location of Marked crosswalk and curb ramps
7. Length of left turn pocket
8. Construction schedule
9. Intersection sight distances
10. Turning Movements
11. Hybrid Beacon Operation
12. Curb Ramp Access
13. Review Lane widths
14. Red Curb for SSD
15. Advance warning signage on the main and minor streets
16. Traffic signage on mast arm
17. Signal controller and pedestal locations
18. Service point coordination with PG&E
2.8 RRFB
Prepare plans for Solar powered RRFB at Moffat Blvd.
2.9 Sidewalk Gap Closures
Prepare plans for sidewalk gap closures per RFP.
2.8 Striping
Prepare plans for striping for the items above.
3.0 Development of PS&E
Design Team will incorporate recommendations and comments from review of Preliminary Layout and Cost Estimate, to develop 50%, 95%, and Final Bid construction documents. Bellecci will work closely with City team members to resolve the various ADA design solutions. The goal of the 50% submittal is to include enough detail for City review so that there are minimal or no layout changes during the 95% and 100% design phase. Bellecci will identify and coordinate work with utility agencies for known utilities in conflict. Design CAD layout drawing references will be prepared in the latest released AutoCAD version using City format. Specifications will be prepared in the City's format.
Consultant will perform land surveying and base mapping for final design, including the work to establish the project design file in CAD. As part of the base mapping Consultant will request and obtain as-built maps, including: record of surveys, topographic data, aerial mapping, and maps and plans of major utilities and proposed utilities within the project area.
The 50% submittal will include flow line grading, but some of the detailed civil grading will be completed at the 95% design stage. The technical specifications will be competed at the 50% submittal, but the measurement and payment specifications will be included at the 95%, and 100% 3 City of Manteca Exhibit A Scope of Work
Safe Routes to School Project Bellecci & Associates
design level. The plans for the 50% submittal shall be detailed enough for the City to review the complete scope of work for the project along with the cost implications. Some of the civil details and grading will be further refined and/or added at the 95% design stage. Also detailed ADA grading will be included in the 95%, plans. The technical specifications will be competed at the 50% submittal, but the measurement and payment specifications will be included at the 95% design level.
The specifications will be prepared in the City standard format or modified format as agreed to by the City.
Specifications
The specifications will be prepared in Caltrans technical specifications format, to be combined with the City upfront specifications. Consultant will provide input to the City for the upfront specifications for items
Permits
The Consultant shall perform work to identify and obtain necessary permits and agreements needed for project construction. The work as part of this task may include discussions with permitting agencies (i.e. utility companies, PG&E, water services, telecommunications, fiber optics) and also prepare the permit and attachments such as maps and other exhibits identify funds necessary for the permit application, and submitting the permit.
Submittal Process
• Deliver one set of PDF plans & specifications to each key City reviewer on the morning of the submittal date
• The design team and the key City team members will meet in-person or by video conference on the submittal day to review the plans and specs. The Design Team will perform a "page turn" and present the drawings sheet-by sheet. One Bellecci team member will record the comments from City team members.
• Following the "Page Turn Review Meeting," City staff will still have two to three weeks to complete their review. Meanwhile the design team will have in hand most of the major comments and concerns of City Staff. Therefore, the plan production period can commence the next working day.
The implementation of "Page-Turn Meetings" into the design schedule will increase the production time of the overall project schedule, while also maintaining the momentum and continuity of the consultant design team members assigned to the Manteca SRTS project. The Consultant's Project Manager will notify the City Project Manager whenever there are changes to the project schedule.
Environmental Services
Our Environmental Consultant will support the City in preparing the California Environmental Quality Act (CEQA) documentation for the Manteca SRTS project. We anticipate that the appropriate level of CEQA documentation will be a Categorical Exemption (CE). Consultant will provide support to the City for technical information, and the NOE will be filed by City. 4 City of Manteca Exhibit A Scope of Work
Safe Routes to School Project Bellecci & Associates
Quality and Completeness
The following are the City of Manteca SRTS project specific Quality Control procedures:
• PS&E Review: Deliverables review is performed by a PE not part of the design team. The PS&E outside review is usually performed by one of the other 8 company engineering offices, and this is performed on the second to last submittal.
• Constructability/Bidding Review: The constructability review is completed by our in-house Construction Manager, with an emphasis on minimizing change orders, contractor claims, and a critique of the documents from a construction perspective. • Inter-Discipline Review: Verify the various disciplines involved have coordinated the design elements (civil, traffic, and other disciplines.). This category is checked by: a) implementing internal pre-submittals prior to each formal submittal to the City and b) common CAD files provided by the Prime consultant to avoid conflicts between documents. • Management Review/Contract Scope: Our principal will revisit the contract scope of work for both Bellecci and our subconsultants to assure the original project approach and deliverables are followed each step of the design sequence.
Peer Reviewer - The Peer Reviewer assigned to the City of Manteca SRTS project works in our Concord Office and is separate from our team of engineers designing the project For the plan review, Robert will be checking the following key items:
• Completeness of bid items
• Neighborhood notifications and parking requirements
• Pedestrian and bicycle safety, crossings, and path of travel during construction • Traffic handling and pedestrian access
• Pedestrian beacon pole + RRFB locations and utilities • Grades vs ADA slopes
• Landing dimensions
• ADA path of travel
COST ESTIMATES
city of Manteca
Proposal for: Professional Engineering for Safe Routes to School Pedestrian Safety Improvement Project - CIP 23006 03/13/2024 - V7 •Bellecci
a sanderson bellecci co.
ODCS Mark Ups Total
Task Pen. Enga Pan Engl Prof. EngEl Prod. Engl Assist Eng ll Survey Tech It Survey Tech i Prol Land Sure say can survy cron Total Labor Environmentel Other Diroct Costs 10% Sub Mark Up Task Description Total Hours Total Fee
5201 5180 5154
BASIC SERVICES
Project Management, Coorcination & Pubic Outreach 44 84 $17,964 50 317,954 2 Environmental Studies $5,000 $500 $5,500
3 Propare Base Maps & Plan Sheets 142 $26,060 so $26,050 4 PS&E (50%, 95%, & Utilty Applications/Permits) 36 102 179 759 $129,678 so $129,678 5 Final PS&E Package 26 170 $29,764 $29,764
6 Construction Support TBD so TED
36 172 219 368 200 36 8 40 1155 $203,466 $5,000 $500 $208,966
GAP CLOSURES
24 302 $51,664 $51,664
24 196 302 $51.664 so $0 $51,664
OPTIONAL SERVICES
8 Pristing & Expenses $2.200 $220 $2.420
types:
Detoutien el Hours may yory dur no the panormance of the services
RFP EXHIBITS
CLIPPER CT COMPASS IN.
ALYSSA PL SUNFISH DR.
STONUM LN. UNION RD.
BROCK ELLIOT
ELLIS LN.
ELEMENTARY
SCHOOL
DANIELS ST
ROYALLE PL. • HUNT RD.
CORREIA PL COUNTRYSIDE LN.
LEGEND: • REPLACE EXISTING CURB RAMP (24) INSTALL STOP AT INTERSECTION (Stopping Clipper Ct. only)
INSTALL/REFRESH HIGH VISIBILITY CROSSWALK
(ladder Type per 2023 CalTrans Standard Plans Sheet A24F) NO SCALE
BROCK ELLIOT
ELEMENTARY SCHOOL
REP EXHIBIT
LOUISE AVE
GOLD ST.
ORE ST.
-
POPLAR AVE. GOLDEN WEST
ELEMENTARY
LODE ST. SCHOOL JASON ST
AMADOR CİRN) |
MAIN ST.
AMADOR GIR (S) I
ARGONAUT ST.
• AVE.
REPLACE EXISTING CURB RAMP (10) ADD HIGH-INTENSITY ACTIVATED CROSSWALK BEACON (HAWK) NSTALL YIELD SIGN AND YIELD LINE ANI NO SCALE LEGEND:
AND STREET LIGHTING. CONSULTANT RESPONSIBLE FOR FINDING PPROPRIATE WARNING AND TRAFFIC SIGNAG REPLACE EXISTING CURB RAMP AND MODIFY EXISTING SDI (10)
PG&E SERVICE POINT AND SUBMITTING PG&E CONNECTION
• ADD NEW CURB RAMP (1) | APPLICATION. INster TYpE per 2023 Calranstandard Pans Shet A24 ladder Type p
CITY OF MANTECA GOLDEN WEST
ELEMENTARY SCHOOL 2
1001 RESP CARE SENT OF EACH ORIE REP EXHIBIT
MIKESELL AVE.
GARFIELD AVE. GARFIELD AVE
YOSEMITE AVE MANTECA HIGH
SCHOOL
MOFFAT BLVD.
SHERMAN AVE.
LINCOLN AVE.
REPLACE EXISTING CURB RAMP AND MODIFY EXISTING SDI (2) NSTALL YIELD SIGN AND YIELD LINE AN LEGEND: • REPLACE EXISTING CURB RAMP (3)
• INSTALL RECTANGULAR RAPID FLASHING INSTALL/REFRESH HIGH VISIBILITY CROSSWALK BEACON (1 SYSTEM)(SOLAR-POWERED) (ladder Type per 2023 CalTrans Standard Plans Sheet A24F) STOR INSTALL ALL WAY STOP AT INTERSECTION NO SCALE CITY OF MANTECA MANTECA HIGH SCHOOL 3
1001 PEST CART ENET, LE ECA NEPRIL 9037 FP EXHIBI
6 EVERGREEN WAY
PLÂCER AVE
MEADOW WAY SNOWSHOE WAY
SUMMIT WAY
... +
SHASTA
ELEMENTARY PLACER AVE
SCHOOL
PLUMAS WAY
EDISON ST.
EDISON ST
LEGEND: REPLACE EXISTING CURB RAMP (22) INSTALL STOP SIGN (SEE TABLE 4 FOR LOCATION) - ONSTRUCT NEW 6' SIDEWALK WITH CURB & GUTTER A
ODIFY/DESIGN DRAINA
ADD NEW CURB RAMP (2)
INSTALL/REFRESH HIGH VISIBILITY CROSSWALK ANSTAOPRIETE SARANG AND TEAIESIGNAGE REMOVE OUTDATED EXISTING CURB RAMP (1) = (ladder Type per 2023 CalTrans Standard Plans Sheet A24F) NO SCALE CITY MANTEE SHASTA ELEMENTARY SCHOOL 4
SEE AT MAT A PRESANTO 1001 PEST ARE ENT OF ENA CERIN RFP EXHIBIT Chang
Fishback Rd. (Thomas St to Tuscany Dr.)
to aran with new stop sian wastanabo
and tre te come san
THOMAS ST.
SIERRA
HIGH
SCHOOL
The crossed sidewn k along Finback Rond
herwann Thomas Street sne Wawmas Stee
mint he presented under n canamta Inn! FISHBACK RD
(See Scope of Services section in the RFP
WAWONA ST.
LEGEND: REPLACE EXISTING CURB RAMP (31) CONSTRUCT NEW 6' SIDEWALK WITH CURB & GUTTER AND
INSTALL ALL WAY STOP AT INTERSECTION
• ADD NEW CURB RAMP (4) MODIFY/DESIGN DRAINAGE
INSTALL/REFRESH HIGH VISIBILITY CROSSWALK
MM REMOVE EXISTING THERMOPLASTIC CROSSWALK NO SCALE
(ladder Type per 2023 CalTrans Standard Plans Sheet A24F) CITY OF MANTECA E SIERRA HIGH SCHOOL 5
RFP EXHIBIT
6 • SPRING CREEK
SILVERADO DR
MATTERHORN ST STELLA
BROCKMAN
ELEMENTARY
VALAIS IN. I SCHOOL
CROM ST
CHUR CT. GALLEN CT. VADUZ CT.
ST. MORITZ IN| ZURICH DR
SOLOTHURN
ZURICH DR.
NOil WAY
LEGEND: • REPLACE EXISTING CURB RAMP (37) INSTALL ALL WAY STOP AT INTERSECTION INSTALL YIELD SIGN AND YIELD LINE AND - CONSTRUCT NEW 6' SIDEWALK APPROPRIATE WARNING AND TRAFFIC SIGNAGE • INSTALL/REFRESH HIGH VISIBILITY CROSSWALK
(ladder Type per 2023 CalTrans Standard Plans Sheet A24F) NO SCALE
STELLA BROCKMAN
ELEMENTARY SCHOOL 6
SHONE MAT TO PRON CO 100 DEPARTMENT OFTEN CAREEN E RFP EXHIBIT ATTACHMENT 2
PROJECT SCHEDULE
11 ID Task Name Duration Start Finish Prede
2024
INTP O days. 5/14/24 5/14/24
Subagreements & Subconsuftant Start-up 1.5 wks 5/14/24 --523241 Base Mapping and Utility Mapping 20 days 5/14/24 6/10/24 Surveying and Base Mapping 4 wks 5/14/24 6/10/241
Utility Letters and Utiity Mapping 5/14/24 6/10/241"
Property Lines from Parcel Quest 4 wks 5/14/24 6/10/241 Preliminary Layout & Cost Estimate 20 days 6/91/24 7/8/24 Preliminary layout and estimate - prior to 50% 3 wks 6/11/24 7711244 City Submittal 0 days 711/24 7/1/248 City Submittal
Initial Layout Review Meeting 0 days 7/1/24 7/1/249 Initial Layout Review Meeting Caly Review Period and Refine Prelim Eng 1 wk 7/2/24 7/8/248 Community Outreach & Notification 50 days 9/17/24 11/25/24 Community Outreach - notification and flyers 4 wks 9/17/24 10/15/24 14SF Provide flyers to select residents and businesses 6 wks 10/15/24 11/25/24 36FS 50% PS&E Submittal 50 days 712/24 9/9/24
Plans, Specifications & Estimate 7 wks 720261 8/19/248
City submittal O days 8/19/24 8/19/2416 • City Submittal City Initial Review Meeting 0 days 8/19/24 8/19/2417 • City Initial Review Meeting Continued City Review period for this submittal 3 WkS 8/20/24 9/9/2418 20 Rights of Entry 50 days 9/10/24 11/18/24
21 Letters for ROE sent to property owner 4 wks 9/10/24 10/7/2419 Coordinate and gain signed letters from Prop Owners 6 wks 10/8/24 11/18/2421 23 Utility Coordination & Application 100 days 712/24 11/18/24 Utility company applications and coordination of 8 wks 7/2/24 8/26/248 adjustments after preliminary submittal
25 Utility companies design period (if needed) 12 wks 8/27/24 11/18/2424 Environmental Support 45 days 7/2/24 9/2/24
27 Project Assessment support to the City Cat Exemption 3 wks 712/24 71221248 Processing Categorical Exception with City 6 wks 9/2/2427 CEQA Certified 0 days 9/2/24 91212428 • CERA Certified
Outside Agency Permits so days 10/28/24
Minor Revisions after 50% PS&E, convert to "100% 2 wks 8/20/24 9/2/24 18 Permit Submittal"
Outside Agency Comments, Review. and Resubmittals 8 wks 10/28/2431 Final Approvals from Outside Agencies 0 days 10/28/24 10/28/2432 Final Approvals from Outside Agencles 95% PS&E Submittal 50 days 8/20/24 10/28/24
35 Plans, Specifications & Estimate 7 wks 8/20/24 10/7/2418 36 City Submittal 0 days 10/7124 10/7/2435 City Submittal Initial City Review Meeting 0 days 10/7/24 10/7/2435 Initial City Review Meeting City Review Period 3 wks 10/8/24 10/28/2437
Bid/100% PS&E Submittal 25 days 10/29/24 12/2/24
Plans, Tech Specs & Estimate 5 wks 10/29/24 12/2524 38
Bid Submittal 0 days 12/2/24 122/2440 - Bid Submittal
ADVERTISE / CONSTRUCTION 236 days 12/3/24 10/27/25
City Staff Bid Preparation 12/3/24 12/9/2441
Advertise for Bids 4 wis 12/10/24 1/6/2543
Bid Opening O days: 1/6/25 1/6/2544 • Bid Opening
Award + NTP 14 wks 177/25 4/14/2545
Field Construction 28 wks 4/15/25 10/27/2546
ATTACHMENT 3
CERTIFICATE OF LIABILITY INSURANCE
12 SANDBEL-02 CTHELEN
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDMM
3/21/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE
HIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
PRODUCER
Billings Office PHONE
(AC, No, Ext): (406) 238-1900 (AC, No): (406) 245-9887
Marsh McLennan Agency LLC
P.O. Box 30638 AMESS:
Billings, MT 59107-0638
INSURERS) AFFORDING COVERAGE NAIC #
INSURER A: Charter Oak Fire Insurance Company 25615
INSURED INSURER B: Phoenix Insurance Company 25623
Sanderson Bellecci, Inc., Engineering, Inc. dba Sanderson Stewart, Bellecci & Associates, Inc. INSURER C: Travelers Property Casualty Co of Amer 25674 Summit Engineering Corporation INSURER D: Zurich American Insurance Company 16535 1300 North Transtech Way 19038
INSURERE: Travelers Casualty and Surety Company
Billings, MT 59102
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
INSR TYPE OF INSURANCE POLICY NUMBER LIMITS
LTR NSD WVD
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR x P-660-7W723958-COF-23 5/19/2023 5/19/2024 DAMAGE TO RENTEL $ 300,000 PREMISES (Ea occurrence
MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY 1,000,000
$
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY X SECT LOC PRODUCTS - COMPIOP AGG $ 2,000,000
OTHER: $
AUTOMOBILE LIABILITY LEASE SINGLE LIMIT 1,000,000
X ANY AUTO 810-7W72070A-23-43-G 5/19/2023 5/19/2024 BODILY INJURY (Per person) s AUTOS ONLY AUTODULED BODILY INJURY (Per accident) s
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 5,000,000
EXCESS LIAB CLAIMS-MADE X CUP-7W728500-23-43 5/19/2023 5/19/2024 AGGREGATE 5,000,000 DED X RETENTIONS 10,000
D X STATUTE
YIN WC8664223-01 7/1/2023 711/2024 1,000,000
Y NIA E.L. EACH ACCIDENT $
Mandatory in NH E.L. DISEASE • EA EMPLOYEE $ 1,000,000
DESCRIPTION OF OPERATIONS below 411712023 4172024 Lia DISEASE POUCY LIMIT S 1,000,000 E Professional 105269194 2,000,000
E Pollution 105269194 4/17/2023 4/17/2024 Liability 2,000,000 Loity or Man of a ts oriors, orials, employes, agent, and outers are ade monal nured per feat reged endorsement.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Manteca ACCORDANCE WITH THE POLICY PROVISIONICE WILL BE DELIVERED IN 1001 West Center Street; Suite E
Manteca, CA 95337
AUTHORIZED REPRESENTATIVE
Cindy Skelen
ACORD 25(2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF B. BLANKET ADDITIONAL INSURED USE - INCREASED LIMIT
l. PHYSICAL DAMAGE - TRANSPORTATION
C. EMPLOYEE HIRED AUTO
EXPENSES - INCREASED LIMIT
D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY
E. SUPPLEMENTARY PAYMENTS - INCREASED K. AIRBAGS
LIMITS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
F. HIRED AUTO - LIMITED WORLDWIDE COV-
ERAGE - INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE - GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS
PROVISIONS
A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that person or organization qualifies as an "insured"
The following is added to Paragraph A. 1., Who Is under the Who Is An Insured provision contained An Insured, of SECTION II - COVERED AUTOS in Section II.
LIABILITY COVERAGE:
C. EMPLOYEE HIRED AUTO
Any organization you newly acquire or form dur-
ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II - COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE:
Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi-
B. BLANKET ADDITIONAL INSURED ness.
The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION II - COVERED Other Insurance, of SECTION IV - BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS:
Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos" you own:
executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi-
tional insured is an "insured" for Covered Autos (2) Any covered "auto" hired or rented by your "employee" under a contract in
Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL AUTO
permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of America, the territories and possessions
However, any "auto" that is leased, hired, of the United States of America, Puerto Rico and Canada:
rented or borrowed with a driver is not a
covered "auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured" against, and investigate or set tle any such claim or "suit" and keep
The following is added to Paragraph A.1., Who Is us advised of all proceedings and ac- An Insured, of SECTION II - COVERED AUTOS tions.
LIABILITY COVERAGE:
Any "employee" of yours is an "insured" while us-
ing a covered "auto" you don't own, hire or borrow
without our consent.
in your business or your personal affairs.
(iii) We may, at our discretion, participate
E. SUPPLEMENTARY PAYMENTS - INCREASED in defending the "insured" against, or LIMITS
in the settlement of, any claim or
1. The following replaces Paragraph A.2.a.(2),
of SECTION II - COVERED AUTOS LIABIL-
(iv) We will reimburse the "insured" for
ITY COVERAGE:
sums that the "insured" legally must
(2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para-
2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of
SECTION II - COVERED AUTOS
of SECTION I| - COVERED AUTOS LIABIL-
LIABILITY COVERAGE.
ITY COVERAGE:
(v) We will reimburse the "insured" for
(4) All reasonable expenses incurred by the
the reasonable expenses incurred
"insured" at our request, including actual
loss of earnings up to $500 a day be- with our consent for your investiga- tion of such claims and your defense
cause of time off from work.
of the "insured" against any such
F. HIRED AUTO - LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE - INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, LANES AT COMI SECTION II - COVERED AUTOS of SECTION IV - BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to
make such payments ends when we
(5) Anywhere in the world, except any country or have used up the applicable limit of jurisdiction while any trade sanction, em- insurance in payments for damages, bargo, or similar regulation imposed by the settlements or defense expenses.
United States of America applies to and pro-
hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada.
members of their households.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL AUTO
You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with
compulsory insurance requirements will No deductibles apply to this Personal Property not invalidate the coverage afforded by coverage.
K. AIRBAGS
same extent we would have been liable
The following is added to Paragraph B.3., Exclu-
had you complied with the compulsory in- sions, of SECTION III - PHYSICAL DAMAGE surance requirements. COVERAGE:
(d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto" you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.C., but ada. We assume no responsibility for the
furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance.
b. The airbags are not covered under any war-
G. WAIVER OF DEDUCTIBLE - GLASS ranty; and
The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III - PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one "loss".
No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than
LOSS
replaced.
The following is added to Paragraph A.2.a., of
H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF SECTION IV - BUSINESS AUTO CONDITIONS:
USE - INCREASED LIMIT
Your duty to give us or our authorized representa-
The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION III - PHYSICAL DAMAGE COVERAGE: to:
However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner (if you are a partnership); $750 for any one "accident".
(c) A member (if you are a limited liability com-
PHYSICAL DAMAGE - TRANSPORTATION pany;
EXPENSES - INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager (if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III - PHYSICAL DAMAGE COVER- (e) Any "employee" authorized by you to give no- AGE: tice of the "accident" or "loss".
We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in-
curred by you because of the total theft of a cov- The following replaces Paragraph A.5., Transfer ered "auto" of the private passenger type. Of Rights Of Recovery Against Others To Us, of SECTION IV - BUSINESS AUTO CONDI-
J. PERSONAL PROPERTY TIONS:
The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III - PHYSICAL Others To Us
DAMAGE COVERAGE: We waive any right of recovery we may have against any person or organization to the ex-
Personal Property
tent required of you by a written contract
We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident" parel and other personal property which is: or "loss", provided that the "accident" or "loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL AUTO
such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, cancellation or non-renewal.
SECTION IV - BUSINESS AUTO CONDITIONS:
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS
AND SURVEYORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. Non-Owned Watercraft - 75 Feet Long Or Less H. Blanket Additional Insured - Governmental B. Who Is An Insured - Unnamed Subsidiaries Entities - Permits Or Authorizations Relating To Premises
C. Who Is An Insured - Retired Partners, Members,
Directors And Employees Blanket Additional Insured - Govemmental Entities - Permits Or Authorizations Relating To
D. Who Is An Insured - Employees And Volunteer Operations Workers - Bodily Injury To Co-Employees, Co-
Volunteer Workers And Retired Partners, J. Incidental Medical Malpractice Members, Directors And Employees K. Medical Payments - Increased Limit E. Who Is An Insured - Newly Acquired Or Formed L. Amendment Of Excess Insurance Condition - Limited Liability Companies Professional Liability
F. Blanket Additional Insured - Controlling Interest M. Blanket Waiver Of Subrogation - When Required G. Blanket Additional Insured - Mortgagees, By Written Contract Or Agreement Assignees, Successors Or Receivers N. Contractual Liability - Railroads PROVISIONS uses or is responsible for the use of a
A. NON-OWNED WATERCRAFT - 75 FEET watercraft that you do not own that is:
LONG OR LESS (1) 75 feet long or less; and
1. The following replaces Paragraph (2) of (2) Not being used to carry any person Exclusion g., Aircraft, Auto Or Watercraft, or property for a charge; in Paragraph 2. of SECTION | - B. WHO IS AN | INSURED - UNNAMED
COVERAGES - COVERAGE A - BODILY SUBSIDIARIES
INJURY AND PROPERTY DAMAGE
The following is added to SECTION II - WHO IS
LIABILITY: AN INSURED:
(2) A watercraft you do not own that is:
Any of your subsidiaries, other than a partnership
(a) 75 feet long or less; and r joint venture, that is not shown as a Name (b) Not being used to carry any person sured in the Declarations is a Named Insure or property for a charge; if:
2. The following replaces Paragraph 2.e. of a. You are the sole owner of, or maintain an SECTION II - WHO IS AN INSURED: ownership interest of more than 50% in, such e. Any person or organization that, with subsidiary on the first day of the policy your express or implied consent, either period; and
CG D3 79 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
b. Such subsidiary is not an insured under Unless you are in the business or occupation similar other insurance. of providing professional
No such subsidiary is an insured for "bodily services, Paragraphs (1)(a), (b), (c) and (d) injury" or "property damage" that occurred, or above do not apply to "bodily injury" arising "personal and advertising injury" caused by an out of providing or failing to provide first aid or "Good Samaritan services" by any of your
offense committed:
retired partners, members, directors or
a. Before you maintained an ownership interest "employees", other than a doctor. Any such of more than 50% in such subsidiary; or retired partners, members, directors or b. After the date, if any, during the policy period "employees" providing or failing to provide that you no longer maintain an ownership first aid or "Good Samaritan services" during their work hours for you will be deemed to be
interest of more than 50% in such subsidiary.
acting within the scope of their employment
For purposes of Paragraph 1. of Section II - Who by you or performing duties related to the Is An Insured, each such subsidiary will be conduct of your business. deemed to be designated in the Declarations as:
(2) "Personal injury":
a. A limited liability company;
(a) To you, to your current or retired
b. An organization other than a partnership, partners or members (if you are a joint venture or limited liability company; or partnership or joint venture), to your c. A trust; current or retired members (if you are a
limited liability company), to your other
as indicated in its name or the documents that
current or retired directors or
govern its structure. "employees" while in the course of his or C. WHO IS AN INSURED - RETIRED PARTNERS, her employment or performing duties MEMBERS, DIRECTORS AND EMPLOYEES related to the conduct of your business, or to your other "volunteer workers"
The following is added to Paragraph 2. of while performing duties related to the SECTION II - WHO IS AN INSURED: conduct of your business; Any person who is your retired partner, member, (b) To the spouse, child, parent, brother or director or "employee" that is performing services sister of that current or retired partner, for you under your direct supervision, but only for member, director, "employee" or acts within the scope of their employment by you "volunteer worker" as a consequence of or while performing duties related to the conduct Paragraph (2)(a) above; of your business. However, no such retired (c) For which there is any obligation to partner, member, director or "employee" is an share damages with or repay someone insured for: else who must pay damages because of
the injury described in Paragraph (2)(a)
(1) "Bodily injury": or (b) above; or
(a) To you, to your current partners or (d) Arising out of his or her providing or members (if you are a partnership or failing to provide professional health care joint venture), to your current members services.
(if you are a limited liability company) or
to your current directors; (3) "Property damage" to property:
(b) To the spouse, child, parent, brother or (a) Owned, occupied or used by; or sister of that current partner, member or
(b) Rented to, in the care, custody or control
director as a consequence of Paragraph
of, or over which physical control is
(1)(a) above;
being exercised for any purpose by;
(c) For which there is any obligation to
share damages with or repay someone you, any of your retired partners, members else who must pay damages because of or directors, your current or retired the injury described in Paragraph (1)(a) "employees" or "volunteer workers", any or (b) above; or current partner or member (if you are a (d) Arising out of his or her providing or partnership or joint venture), or any current failing to provide professional health care member (if you are a limited liability services. company) or current director.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
D. WHO IS AN INSURED - EMPLOYEES AND organization will be deemed to be VOLUNTEER WORKERS - BODILY INJURY designated in the Declarations as:
TO CO-EMPLOYEES, CO-VOLUNTEER
a. A limited liability company;
WORKERS AND RETIRED PARTNERS,
MEMBERS, DIRECTORS AND EMPLOYEES b. An organization other than a partnership, joint venture or limited liability company;
The following is added to Paragraph 2.a. (1) of
or
SECTION II - WHO IS AN INSURED:
c. A trust;
Paragraphs (1)(a), (b) and (c) above do not
apply to "bodily injury" to a current or retired co- as indicated in its name or the documents "employee" while in the course of the co- that govern its structure. "employee's" employment by you or performing F. BLANKET ADDITIONAL INSURED - duties related to the conduct of your business, or CONTROLLING INTEREST to "bodily injury" to your other "volunteer 1. The following is added to SECTION || - workers" or retired partners, WHO IS AN INSURED:
directors while performing duties related to the
conduct of your business. Any person or organization that has financial control of you is an insured with respect to
E. WHO IS AN INSURED - NEWLY ACQUIRED liability for "bodily injury", "property damage"
OR FORMED LIMITED LIABILITY COMPANIES
or "personal and advertising injury" that
The following replaces Paragraph 3. of arises out of:
SECTION II - WHO IS AN INSURED:
a. Such financial control; or
3. Any organization you newly acquire or form, or organization's b. Such person's
other than a partnership or joint venture, and maintenance or use of ownership,
of which you are the sole owner or in which premises leased to or occupied by you. you maintain an ownership interest of more
than 50%, will qualify as a Named Insured if The insurance provided to such person or there is no other similar insurance available organization does not apply to structural to that organization. However: alterations, new construction or demolition operations performed by or on behalf of such
a. Coverage under this provision is
person or organization.
afforded only:
2. The following is added to Paragraph 4. of
(1) Until the 180th day after you acquire
SECTION II - WHO IS AN INSURED:
or form the organization or the end
of the policy period, whichever is This paragraph does not apply to any earlier, if you do not report such premises owner, manager or lessor that has organization in writing to us within financial control of you. 180 days after you acquire or form it; G. BLANKET ADDITIONAL INSURED - or
MORTGAGEES, ASSIGNEES, SUCCESSORS
(2) Until the end of the policy period, OR RECEIVERS
when that date is later than 180 da ys The following is added to SECTION II - WHO IS AN INSURED:
organization, if you report such
organization in writing to us within Any person or organization that is a mortgagee, 180 days after you acquire or form it; assignee, successor or receiver and that you have agreed in a written contract or agreement
b. Coverage A does not apply to "bodily
to include as an additional insured on this
injury" or "property damage" that
Coverage Part is an insured, but only with
occurred before you acquired or formed
respect to its liability as mortgagee, assignee,
the organization; and
successor or receiver for "bodily injury", "property
c. Coverage B does not apply to "personal damage" or "personal and advertising injury" and advertising injury" arising out of an that:
offense committed before you acquired
a. Is "bodily injury" or "property damage" that
or formed the organization.
occurs, or is "personal and advertising injury"
For the purposes of Paragraph 1. of Section caused by an offense that is committed, Il - Who Is An Insured, each such
CG D3 79 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
subsequent to the signing of that contract or openings, sidewalk vaults, elevators, street agreement; and banners or decorations.
b. Arises out of the ownership, maintenance or I. BLANKET ADDITIONAL INSURED use of the premises for which that GOVERNMENTAL ENTITIES - PERMITS mortgagee, assignee, successor or receiver OR AUTHORIZATIONS RELATING TO is required under that contract or agreement OPERATIONS to be included as an additional insured
The following is added to SECTION II - WHO IS
this Coverage Part. AN INSURED:
The insurance provided to such mortgagee, Any governmental entity that has issued a permit assignee, successor or receiver is subject to the or authorization with respect to operations following provisions: performed by you or on your behalf and that you a. The limits of insurance provided to such are required by any ordinance, law, building code mortgagee, assignee, successor or receiver or written contract or agreement to include as an will be the minimum limits that you agreed to additional insured on this Coverage Part is an provide in the written contract or agreement, insured, but only with respect to liability for or the limits shown in the Declarations, "bodily injury", "property damage" or "personal whichever are less. and advertising injury" arising out of such b. The insurance provided to such person or operations. organization does not apply to: The insurance provided to such governmental (1) Any "bodily injury" or "property damage" entity does not apply to:
that occurs, or any "personal and a. Any "bodily injury", "property damage" or advertising injury" caused by an offense "personal and advertising injury" arising out that is committed, after such contract or of operations performed for the agreement is no longer in effect; or governmental entity; or (2) Any "bodily injury", "property damage" or b. Any "bodily injury" or "property damage" "personal and advertising injury" arising included in the "products-completed out of any structural alterations, operations hazard".
construction or demolition operations
performed by or on behalf of such J. INCIDENTAL MEDICAL MALPRACTICE mortgagee, assignee, successor or 1. The following replaces Paragraph b. of the receiver. definition of "occurrence" in the
H. BLANKET ADDITIONAL INSURED DEFINITIONS Section:
GOVERNMENTAL ENTITIES - PERMITS OR b. An act or omission committed in AUTHORIZATIONS RELATING TO PREMISES providing or failing to provide "incidental medical services", first aid or "Good
The following is added to SECTION II - WHO IS Samaritan services" to a person, unless AN INSURED:
you are in the business or occupation of
Any governmental entity that has issued a permit providing professional health care or authorization with respect to premises owned services. or occupied by, or rented or loaned to, you and 2. The following replaces the last paragraph of that you are required by any ordinance, law, Paragraph 2.a. (1) of SECTION II - WHO IS building code or written contract or agreement to AN INSURED:
include as an additional insured on this
Unless you are in the business or occupation
Coverage Part is an insured, but only with of health care providing professional
respect to liability for "bodily injury", "property services, Paragraphs (1)(a), (b), (c) and (d) damage" or "personal and advertising injury" above do not apply to "bodily injury" arising arising out of the existence, ownership, use, out of providing or failing to provide:
maintenance, repair, construction, erection or
removal of any of the following for which that (a) "Incidental medical services" by any of governmental entity has issued such permit or your "employees" who is a nurse, authorization: nurse assistant, emergency medical
advertising signs, awnings,
technician, paramedic, athletic trainer,
canopies, cellar entrances, holes,
audiologist, dietician, nutritionist,
driveways, manholes, marquees, hoist away
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for "bodily injury" that arises out of providing speech-language pathologist; or or failing to provide "incidental medical (b) First aid or "Good Samaritan services" services" to any person to the extent not by any of your "employees" or "volunteer subject to Paragraph 2.a. (1) of Section II - Who Is An Insured.
workers", other than an employed or
volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS - INCREASED LIMIT or "volunteer workers" providing or failing The following replaces Paragraph 7. of to provide first aid or "Good Samaritan
SECTION III - LIMITS OF INSURANCE:
services" during their work hours for you
will be deemed to be acting within the 7. Subject to Paragraph 5. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any
3. The following replaces the last sentence of one person, and will be the higher of:
Paragraph 5. of SECTION III - LIMITS OF a. $10,000; or
INSURANCE:
b. The amount shown in the Declarations of
For the purposes of determining the
applicable Each Occurrence Limit, all related this Coverage Part for Medical Expense acts or omissions committed in providing or Limit.
failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION - PROFESSIONAL LIABILITY services" to any one person will be deemed
to be one "occurrence". The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV -
4. The following exclusion is added to COMMERCIAL GENERAL LIABILITY CONDITIONS:
This insurance is excess over any of the other
LIABILITY: insurance, whether primary, excess, contingent or on any other basis, that is Professional
Sale Of Pharmaceuticals
Liability or similar coverage, to the extent the
"Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating sale of
pharmaceuticals committed by, or with the M. BLANKET WAIVER OF SUBROGATION - knowledge or consent of the insured. WHEN REQUIRED BY WRITTEN CONTRACT
OR AGREEMENT
The following is added to the DEFINITIONS
Section: The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us,
"Incidental medical services" means:
of SECTION IV - COMMERCIAL GENERAL
a. Medical, surgical, dental, laboratory, x- LIABILITY CONDITIONS:
ray or nursing service or treatment,
If the insured has agreed in a written contract or
advice or instruction, or the related
furnishing of food or beverages; or agreement to waive that insured's right of recovery against any person or organization, we
b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of:
6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV -
occurs; or
COMMERCIAL GENERAL LIABILITY
CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement.
CG D3 79 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
N. CONTRACTUAL LIABILITY - RAILROADS
1. The following replaces Paragraph c. of the
definition of "insured contract" in
DEFINITIONS Section:
c. Any easement or license agreement;
2. Paragraph f.(1) of the definition of "insured
contract" in the DEFINITIONS Section is
deleted.
cludes copvrighted material of Insurance Services Office, Inc. with its permissio
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - WRITTEN
CONTRACTS (ARCHITECTS, ENGINEERS AND
SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. The following is added to SECTION II - WHO IS plies only to such "bodily injury" or "property AN INSURED: lamage" that occurs before the end of the pe iod of time for which the "written contract re
Any person or organization that you agree in a
"written contract requiring insurance" to include as quiring insurance" requires you to provide an additiona l insured on this Coverage Part, but: such coverage or the end of the policy period whichever is earlier.
a. Only with respect to liability for "bodily injury",
"property damage" or "personal injury"; and 2. The following is added to Paragraph 4.a. of SEC-
TION IV - COMMERCIAL GENERAL LIABILITY
b. If, and only to the extent that, the injury or CONDITIONS:
damage is caused by acts or omissions of
The insurance provided to the additional insured
you or your subcontractor in the performance
of "your work" to which the "written contract is excess over any valid and collectible "other in- requiring insurance" applies. The person or surance", whether primary, excess, contingent or on any other basis, that is available to the addi-
organization does not qualify as an additional
insured with respect to the independent acts tional insured for a loss we cover. However, if you or omissions of such person or organization. specifically agree in the "written contract requiring insurance" that this insurance provided to the ad-
The insurance prov ided to such additional insured ditional insured under this Coverage Part must is limited as follows: apply on a primary basis or a primary and non- c. In the event that the Limits of Insurance of contributory basis, this insurance is primary to this Coverage Part shown in the Declarations "other insurance" available to the additional in- exceed the limits of liability required by the sured which covers that person or organization as "written contract requiring insurance", the in- a named insured for such loss, and we will not surance provided to the additional insured share with that "other insurance". But this insur- shall be limited to the limits of liability required ance provided to the additional insured still is ex- by that "written contract requiring insurance". cess over any valid and collectible "other insur- This endorsement shall not increase the li mits ance", whether primary, excess, contingent or on of insurance described in Section III - Limits any other basis, that is available to the additional Of Insurance. insured when that person or organization is an d. This insurance does not apply to the render- additional insured under any "other insurance". ing of or failure to render any "professional The following is added to SECTION IV - COM- services" or construction management errors MERCIAL GENERAL LIABILITY CONDITIONS:
or omissions. Duties Of An Additional Insured
e. This insurance does not apply to "bodily in- As a condition of coverage provided to the addi- jury" or "property damage" caused by "your tional insured:
work" and included in the "products-
completed operations hazard" unless the a. The additional insured must give us written notice as soon as practicable of an "occur-
"written contract requiring insurance" specifi-
rence" or an offense which may result in a
cally requires you to provide such coverage
for that additional insured, and then the insur- claim. To the extent possible, such notice ance provided to the additional insured ap- should include:
CG D4 14 04 08 © 2008 The Travelers Companies, Inc. Page 1 of 2
COMMERCIAL GENERAL LIABILITY
i. How, when and where the "occurrence" any provider of other insurance which would or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover. However, this condition does not affect persons and witnesses; and whether this insurance provided to the addi- iii. The nature and location of any injury or tional insured is primary to that other insur- ance available to the additional insured which
damage arising out of the "occurrence" or
offense. covers that person or organization as a
named insured.
b. If a claim is made or "suit" is brought against
4. The following is added to the DEFINITIONS Sec-
the additional insured, the additional insured
i. Immediately record the specifics of the "Written contract requiring insurance" means that claim or "suit" and the date received; and part of any written contract or agreement under which you are required to include a person or or-
ii. Notify us as soon as practicable.
ganization as an additional insured on this Cover-
The additional insured must see to it that we age Part, provided that the "bodily injury" and receive written notice of the claim or "suit" as "property damage" occurs and the "personal in- soon as practicable. jury" is caused by an offense committed:
c. The additional insured must immediately send a. After the signing and execution of the contract us copies of all legal papers received in con- or agreement by you; nection with the claim or "suit", cooperate with b. While that part of the contract or agreement is us in the investigation or settlement of the in effect; and claim or defense against the "suit", and oth-
erwise comply with all policy conditions. c. Before the end of the policy period. d. The additional insured must tender the de-
fense and indemnity of any claim or "suit" to
UMBRELLA
EXCESS FOLLOW-FORM AND UMBRELLA
LIABILITY INSURANCE
THIS POLICY, INPART, PROVIDES FOLLOW-FORM LIABILITY COVERAGE.
COVERAGE WILL APPLY ON A CLAIMS-MADE BASIS WHEN FOLLOWING CLAIMS-MADE UNDERLYING INSURANCE.
COVERAGE WILL APPLY ON A DEFENSE-WITHIN-LIMITS BASIS WHEN
FOLLOWING UNDERLYING INSURANCE UNDER WHICH DEFENSE
EXPENSES ARE PAYABLE WITHIN, AND NOT IN ADDITION TO, THE LIMITS OF INSURANCE. WHEN FOLLOWING SUCH UNDERLYING INSURANCE,
PAYMENT OF DEFENSE EXPENSES UNDER THIS POLICY WILL REDUCE, AND MAY EXHAUST, THE LIMITS OF INSURANCE OF THIS POLICY.
PLEASE READ THE ENTIRE POLICY CAREFULLY.
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 and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance.
The word "insured" means any person or organization qualifying as such under SECTION II - WHO IS AN INSURED.
Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI - DEFINITIONS.
SECTION I - COVERAGES provisions to the contrary contained in this insurance.
A. COVERAGE A - EXCESS FOLLOW-FORM
LIABILITY 3. The amount we will pay for damages is limited as described in SECTION III - LIMITS OF
1. We will pay on behalf of the insured those INSURANCE. sums, in excess of the "applicable underlying
4. For the purposes of Paragraph 1. above:
limit", that the insured becomes legally
obligated to pay as damages to which a. The applicable limit of insurance stated Coverage A of this insurance applies, provided for the policies of "underlying insurance" that the "underlying insurance" would apply to in the Schedule Of Underlying Insurance auton ol t will be considered to be reduced or
such damages but for the exhaustion of its
applicable limits of insurance. If a sublimit is exhausted only by the following specified in any "underlying insurance" payments:
Coverage A of this insurance applies (1) Payments of judgments or damages that are in excess of that sublimit only settlements for damages that are if such sublimit is shown for that "underlying covered by that "underlying insurance" in the Schedule Of Underlying insurance". However, if such Insurance. "underlying insurance" has a policy
period which differs from the policy
2. Coverage A of this insurance is subject to the period of this Excess Follow-Form same terms, conditions, agreements, And Umbrella Liability Insurance, any exclusions and definitions as the "underlying such payments for damages that insurance", except with respect to any would not be covered by this Excess Follow-Form And Umbrella Liability
EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 22
UMBRELLA
Insurance because of its different policy date provision, the retroactive date for period will not reduce or exhaust the Coverage A of this insurance is the same as applicable limit of insurance stated for the retroactive date of that "underlying such "underlying insurance"; insurance".
(2) Payments of "medical expenses" that B. COVERAGE B - UMBRELLA LIABILITY are covered by that "underlying
1. We will pay on behalf of the insured those
insurance" and are incurred for "bodily sums in excess of the "self-insured retention" injury" caused by an accident that takes
that the insured becomes legally obligated to
place during the policy period of this
pay as damages because of "bodily injury",
Excess Follow-Form And Umbrella
"property damage", "personal injury" or
Liability Insurance; or "advertising injury" to which Coverage B of (3) Payments of defense expenses that this insurance applies. are covered by "underlying
insurance", only if such "underlying 2. Coverage B of this insurance applies to insurance" "bodily injury" or "property damage" only if:
includes such payments
within the limits of insurance. However, a. The "bodily injury" or "property damage" is if such "underlying insurance" has a caused by an "occurrence" that takes policy period which differs from the place anywhere in the world; policy period of this Excess Follow- b. The "bodily injury" or "property damage" Form And Umbrella Liability Insurance, occurs during the policy period; and any such payments for defense
c. Prior to the policy period, no insured listed
expenses that would not be covered by
under Paragraph 1. in Paragraph B.,
this Excess Follow-Form And Umbrella
COVERAGE UMBRELLA
Liability Insurance because of its
LIABILITY, of SECTION II - WHO IS AN
different policy period will not reduce or
INSURED and no "employee" authorized
exhaust the applicable limit
by you to give or receive notice of an
insurance stated for such "underlying "occurrence" or claim, knew that the insurance".
"bodily injury" or "property damage" had
If the applicable limit of insurance stated for occurred, in whole or in part. If such a the policies of "underlying insurance" in the listed insured or authorized "employee" Schedule Of Underlying Insurance knew, prior to the policy period, that the actually reduced or exhausted by other "bodily injury" or "property damage" payments, Coverage A of this insurance is occurred, in whole or in part, then any not invalidated. However, in the event of a continuation, change or resumption of loss, we will pay only to the extent that we such "bodily injury" or "property damage" would have paid had such limit not been during or after the policy period will be actually reduced or exhausted by such deemed to have been known prior to the other payments. policy period.
b. If any "underlying insurance" has a limit of 3. Coverage B of this insurance applies to insurance greater than the amount shown "personal injury" or "advertising injury" caused for that insurance in the Schedule of by an offense arising out of your business, but Underlying Insurance, this insurance will only if the offense was committed during the apply in excess of that greater amount. If policy period anywhere in the world. any "underlying insurance" has a limit of
4. The amount we will pay for damages is limited
insurance, prior to any reduction or
as described in SECTION III - LIMITS OF
exhaustion by payment of damages, INSURANCE.
"medical expenses" or defense expenses
described in Paragraph a. above, that is 5. "Bodily injury" or "property damage":
less than the amount shown for that a. Which occurs during the policy period; and insurance in the Schedule Of Underlying b. Which was not prior to, but was during, the Insurance, this insurance will apply in policy period known to have occurred by excess of the amount shown for such any insured listed under Paragraph 1. in insurance in the Schedule Of Underlying Paragraph B., COVERAGE _B - Insurance. UMBRELLA LIABILITY of SECTION I| -
5. When the "underlying insurance" applies on a WHO IS AN INSURED, or any "employee" claims-made basis and includes a retroactive authorized by you to give notice of an "occurrence" or claim;
UMBRELLA
includes any continuation, change Management Service Expenses Limit has resumption of the "bodily injury" or "property been exhausted, whichever occurs first. damage" after the end of the policy period 4. The amount we will pay for "crisis
6. "Bodily injury" or "property damage" will be management service expenses" is limited as deemed to have been known to have occurred described in SECTION III - LIMITS OF at the earliest time when any insured listed INSURANCE. under Paragraph 1. in Paragraph B., 5. A "self-insured retention" does not apply to COVERAGE B - UMBRELLA LIABILITY, of "crisis management service expenses".
SECTION II - WHO IS AN INSURED or any
"employee" authorized by you to give or receive 6. Any payment of "crisis management service notice of an "occurrence" or claim: expenses" that we make will not be determinative of our obligations under this
a. Reports all, or any part, of the "bodily injury" insurance with respect to any claim or "suit" or or "property damage" to us or any other create any duty to defend or indemnify any insurer; insured for any claim or "suit".
b. Receives a written or verbal demand or D. DEFENSE AND SUPPLEMENTARY PAYMENTS claim for damages because of the "bodily
injury" or "property damage"; or 1. We will have the right and duty to defend the insured:
c. Becomes aware by any other means that
the "bodily injury" or "property damage" has a. Under Coverage A, against a "suit" seeking damages to which such coverage
occurred or has begun to occur. applies, if:
7. Damages because of "bodily injury" include (1) The "applicable underlying limit" is the damages claimed by any person applicable limit of insurance stated for organization for care, loss of services or death
a policy of "underlying insurance" in
resulting at any time from the "bodily injury". Of
the Schedule Underlying
8. Coverage B of this insurance does not apply to Insurance and such limit has been damages covered "underlying exhausted solely due to payments as insurance" or that would have been covered by permitted in Paragraphs 4.a.(1), (2) "underlying insurance" but for the and (3) of COVERAGE A - EXCESS exhaustion of its applicable limit of insurance. FOLLOW-FORM LIABILITY of C. COVERAGE C - CRISIS MANAGEMENT SECTION I - COVERAGES; or SERVICE EXPENSES (2) The "applicable underlying limit" is the applicable limit of any "other
1. We will reimburse the insured, or pay on the
insurance" and such limit has been
insured's behalf, "crisis management service
expenses" to which Coverage C applies. exhausted by payments of judgments, settlements or medical expenses, or
2. Coverage C of this insurance applies to "crisis related costs or expenses (if such management service expenses" that: costs or expenses reduce such a. Arise out of a "crisis management event" limits).
that first commences during the policy For any "suit" for which we have the right period; and duty to defend the insured under
b. Are incurred by the insured, after a "crisis Coverage A, defense expenses will be management event" first commences and within the limits of insurance of this policy before such event ends; and when such expenses are within the limits c. Are submitted to us within 180 days after of insurance of the applicable "underlying insurance"; or
the "crisis management advisor" advises
you that the "crisis management event" no b. Under Coverage B, against a "suit" longer exists. seeking damages to which such coverage
applies.
3. A "crisis management event" will be deemed to:
2. • We have no duty to defend any insured
a. First commence at the time when any against any "suit":
"executive officer" first becomes aware of
an "event" or "occurrence" that leads to that a. Seeking damages to which this insurance "crisis management event"; and does not apply; or
b. End when we decide that the crisis no b. If any other insurer has a duty to defend longer exists or when the Crisis
EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 3 of 22
UMBRELLA
2. When we have the duty to defend, we may, at With respect to a claim we investigate or our discretion, investigate and settle any claim settle, or "suit" against an insured we defend or "suit". In all other cases, we may, at our under COVERAGE A - EXCESS FOLLOW- discretion, participate the investigation, FORM LIABILITY, these payments will not defense and settlement of any claim or "suit" for reduce the applicable limits of insurance, but damages to which this insurance may apply. If only if the applicable "underlying insurance" we exercise such right to participate, all provides for such payments in addition to its expenses we incur in doing so will not reduce limits of insurance. With respect to a claim we the applicable limits of insurance. investigate or settle, or "suit" against an
4. Our duty to defend ends when we have used up insured we defend under COVERAGE B - the applicable limit of insurance in the payment UMBRELLA LIABILITY, these payments will of judgments or settlements, defense not reduce the applicable limits of insurance. expenses if such expenses are within the limits SECTION II - WHO IS AN INSURED of insurance of this policy. A. COVERAGE A - EXCESS FOLLOW-FORM
5. We will pay, with respect to a claim we LIABILITY
investigate or settle, or "suit" against an insured With respect to Coverage A, the following persons we defend:
and organizations qualify as insureds:
a. All expenses we incur. 1. The Named Insured shown in the b. The cost of: Declarations; and
(1) Bail bonds required because of 2. Any other person or organization qualifying as accidents or traffic law violations arising an insured in the "underlying insurance". If out of the use of any vehicle to which you have agreed to provide insurance for that this insurance applies; or person or organization in a written contract or (2) Appeal bonds and bonds to release agreement:
attachments; a. The limits of insurance afforded to such but only for bond amounts within the person or organization will be:
applicable limit of insurance. We do not (1) The amount by which the minimum have to furnish these bonds. limits of insurance you agreed to c. All reasonable expenses incurred by the provide such person or organization insured at our request to assist us in the in that written contract or agreement investigation or defense of such claim or exceed the total limits of insurance of "suit", including actual loss of earnings up all applicable "underlying insurance"; to $1,000 a day because of time off from or
(2) The limits of insurance of this policy;
d. All court costs taxed against the insured in whichever is less; and the "suit". However, these payments do not
include attorneys' attorneys' b. Coverage under this policy does not apply fees or
to such person or organization if the
expenses taxed against the insured.
minimum limits of insurance you agreed
e. Prejudgment interest awarded against the to provide such person or organization in insured on that part of the judgment we that written contract or agreement are pay. If we make an offer to pay the wholly within the total limits of insurance applicable limit of insurance, we will not pay of all available applicable "underlying any prejudgment interest based on that insurance".
period of time after the offer.
B. COVERAGE B - UMBRELLA LIABILITY
f.
With respect to Coverage B:
1. The Named Insured shown in the
deposited in court the part of the judgment Declarations is an insured. that is within the applicable limit of 2. If you are:
insurance. If we do not pay part of the
judgment for any reason other than it is a. An individual, your spouse is also an more than the applicable limit of insurance, insured, but only with respect to the we will not pay any interest that accrues on conduct of a business of which you are that portion of the judgment. the sole owner.
UMBRELLA
b. A partnership or joint venture, your damages because of the injury members, your partners and their spouses described in Paragraph (1)(a) or are also insureds, but only with respect to (b) above; or the conduct of your business. (d) Arising out of his or her providing c. A limited liability company, your members or failing to provide professional are also insureds, but only with respect to health care services. the conduct of your business. Your Unless you are in the business or managers are also insureds, but only with occupation of providing professional respect to their duties as your managers. health care services, Paragraphs d. An organization other than a partnership, (1)(a), (b), (c) and (d) above do not joint venture or limited liability company, apply to "bodily injury" arising out of your "officers" and directors are providing or failing to provide first aid or "Good Samaritan services" by any
insureds, but only with respect to their
of your "employees" or "volunteer
duties as your "officers" or directors. Your
workers" other than an employed or
stockholders are also insureds, but only
volunteer doctor. Any such
respect to their liability
"employees" or "volunteer workers"
stockholders. providing or failing to provide first aid e. A trust, your trustees are also insureds, but or "Good Samaritan services" during only with respect to their duties as trustees. their work hours for you will be
3. Each of the following is also an insured: deemed to be acting within the scope of their employment by you or
a. Your "volunteer workers" only while performing duties related to the performing duties related to the conduct of conduct of your business. your business, or your "employees", other (2) "Property damage" to property:
than either your "officers" (if you are an
organization other than a partnership, joint (a) Owned, occupied or used by; or venture or limited liability company) or your (b) Rented to, in the care, custody or managers (if you are a limited liability control of, or over which physical company, but only for acts within the control is being exercised for any scope of their employment by you or while purpose by;
performing duties related to the conduct of you, any of your "employees" or your business. However, none of these "volunteer workers", any of your "employees" or "volunteer workers" are partners or members (if you are a insureds for: partnership or joint venture), or any of
(1) "Bodily injury" or "personal injury": your members (if you are a limited liability company.
(a) To you, to your partners
members (if you are a partnership b. Any person (other than your "employee" or "Volunteer worker"), or any
or joint venture), to your members
(if you are a limited liability organization, while acting as your real Organization r
company; to a co-"employee"
while in the course of his or her c. Any person or organization having proper employment or performing duties temporary custody of your property if you related to the conduct of your die, but only:
business, or to other (1) With respect to liability arising out of "volunteer while the maintenance or use of that
performing duties related to the property; and
conduct of your business; (2) Until your legal representative has (b) To the spouse, child, parent, been appointed.
brother or sister of that co- d. Your legal representative if you die, but "employee" or "volunteer worker" only with respect to duties as such. That as a consequence of Paragraph representative will have all your rights and (1)(a) above; duties under this insurance.
(c) For which there is any obligation to 4. Any organization, other than a partnership, share damages with or repay joint venture or limited liability company, of someone else who must pay which you are the sole owner, or in which you EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 5 of 22
UMBRELLA
maintain an ownership interest of more than the date, if any, during the policy period, that 50%, on the first day of the policy period is an you no longer maintain an ownership interest insured and will qualify as a Named Insured. No of more than 50% in such organization. such organization is an insured or will qualify as 3. Any organization you newly acquire or form, a Named Insured for "bodily injury" or "property other than a partnership, joint venture or damage" that occurred, or "personal injury" or limited liability company, and of which you are "advertising injury" caused by an offense the sole owner, or in which you maintain an committed after the date, if any, during the ownership interest of more than 50%, if there policy period, that you no longer maintain an is no other similar insurance available to that ownership interest of more than 50% in such organization. However:
organization.
a. Coverage under this provision is afforded
5. Any organization you newly acquire or form, only until the 180th day after you acquire other than a partnership, joint venture or limited or form the organization or the end of the policy period, whichever is earlier; and
interest of more than 50%, is an insured and b. Coverage for such organization does not apply to "crisis management service
will qualify as a Named Insured if there is no
other similar insurance available to that expenses" arising out of a "crisis management event" that occurred before
organization. However:
you acquired or formed the organization,
a. Coverage under this provision is afforded even if an "executive officer" only first only until the 180th day after you acquire or becomes aware of an "event" or form the organization or the end of the "occurrence" that leads to such "crisis policy period, whichever is earlier; and management event" after the date you b. Coverage for such organization does not acquired or formed the organization. apply to: No person or organization is an insured or will (1) "Bodily injury" or "property damage" qualify as a Named Insured with respect to the that occurred or conduct of any current or past partnership, joint venture or limited liability company that is not
(2) "Personal injury" or "advertising injury" shown as a Named Insured in the Declarations. arising out of an offense committed;
SECTION III - LIMITS OF INSURANCE
before you acquired or formed the
organization. A. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay for the
No person or organization is an insured or will
amounts described below to which this insurance
qualify as a Named Insured with respect to the applies regardless of the number of:
conduct of any current or past partnership, joint
venture or limited liability company that is not shown 1. Insureds; as a Named Insured in the Declarations. This 2. Claims made or "suits" brought; paragraph does not apply to any such partnership,
joint venture or limited liability company that у арі науку прагу, 3. Number of vehicles involved; otherwise qualifies as an insured under Paragraph 4. Persons or organizations making claims or B. of SECTION II - WHO IS AN INSURED. bringing "suits"; or C. COVERAGE C - CRISIS MANAGEMENT
5. Coverages provided under this insurance.
SERVICE EXPENSES
As indicated in Paragraph D.1. of SECTION | -
With respect to Coverage C, the following persons COVERAGES, for any "suit" for which we have and organizations are insureds and will qualify as
the right and duty to defend the insured under
Named Insureds:
Coverage A, defense expenses will be within the
1. The Named Insured shown in the Declarations. limits of insurance of this policy when such
2. Any organization, other than a partnership, joint expenses are within the limits of insurance of the venture or limited liability company, of which applicable "underlying insurance". you are the sole owner, or in which you B. The General Aggregate Limit is the most we will maintain an ownership interest of more than pay for the sum of all:
50%, on the first day of the policy period. No
such organization is an insured or will qualify as 1. Damages; and a Named Insured for "crisis management 2. Defense expenses if such expenses are service expenses" arising out of a "crisis within the limits of insurance of this policy; management event" that first commences after except:
UMBRELLA
1. Damages and defense expenses because of 1. Asbestos
"bodily injury" or "property damage" included in a. Damages arising out of the actual or the "auto hazard"; alleged presence or actual, alleged or
2. Damages and defense expenses because of threatened dispersal of asbestos, "bodily injury" or "property damage" included in asbestos fibers or products containing the "products-completed operations hazard"; or asbestos, provided that the damages are
2. Damages and defense expenses for which caused or contributed to by the hazardous insurance is provided under any Aircraft Liability properties of asbestos. coverage included as "underlying insurance" to b. Damages arising out of the actual or which no aggregate limit applies.
alleged presence or actual, alleged or
C. The Products-Completed Operations Aggregate threatened dispersal of any solid, liquid Limit is the most we will pay for the sum of all: thermal gaseous irritant or
1. Damages; and contaminant, including smoke, vapors,
2. Defense expenses if such expenses are within soot, fumes, acids, alkalis, chemicals and the limits of insurance of this policy; waste, and that are part of any claim or because of "bodily injury" or "property damage" "suit" which also alleges any damages included in the "products-completed operations described in Paragraph a. above. hazard". c. Any loss, cost or expense arising out of
D. Subject to Paragraph B. or C. above, whichever any:
applies, the Occurrence Limit is the most we will (1) Request, demand, order or statutory pay for the sum of all:
or regulatory requirement that any
1. Damages, and defense expenses if such insured or others test for, monitor, expenses are within the limits clean up, remove, contain, treat, this policy, under Coverage A arising out of any detoxify or neutralize, or in any way one "event" to which the "underlying insurance" respond to, or assess the effects of, applies a limit of insurance that is separate asbestos, asbestos fibers or products from any aggregate limit of insurance; and containing asbestos; or Damages under Coverage B because of all (2) Claim or "suit" by or on behalf of any "bodily injury", "property damage" ', "personal governmental authority or any other injury" or "advertising injury" arising out of any person or organization because of one "occurrence". testing for, monitoring, cleaning up, For the purposes of determining the applicable removing, containing, treating, Occurrence Limit, all related acts or omissions detoxifying or neutralizing, or in any committed in the providing or failing to provide first way responding to, or assessing the aid or "Good Samaritan services" to any one person effects of, asbestos, asbestos fibers will be considered one "occurrence". or products containing asbestos.
E. The Crisis Management Service Expenses Limit is 2. Employment-Related Practices the most we will pay for the sum of all "crisis Damages because of injury to:
management service expenses" arising out of all
"crisis management events". Payment of such a. A person arising out of any:
"crisis management service expenses" is in addition (1) Refusal to employ that person; to, and will not reduce, any other limit of insurance (2) Termination of that person's of this policy.
employment; or
F. The limits of insurance of this policy apply (3) Employment-related practice, policy, separately to each consecutive annual period and
act or omission, such as coercion,
to any remaining period of less than 12 months,
starting with the beginning of the policy period demotion, evaluation, reassignment, discipline, failure to promote or
shown in the Declarations. If the policy period is
advance, harassment, humiliation,
extended after issuance for an additional period of
less than 12 months, the additional period will be discrimination, libel, slander, violation of the person's right of privacy,
deemed part of the last preceding period for
malicious prosecution or false arrest,
purposes of determining the limits of insurance.
detention or imprisonment, applied to
SECTION IV - EXCLUSIONS or directed at that person, regardless This insurance does not apply to: of whether such practice, policy, act or omission occurs, is applied or is
A. With respect to Coverage A and Coverage B:
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UMBRELLA
committed before, during or after the c. Auto no-fault or other first-party personal time of that person's employment; or injury protection (PIP); b. The spouse, child, parent, brother or sister d. Supplementary uninsured/underinsured of that person as a consequence of injury motorists (New York); or to that person as described in Paragraphs e. Medical expense benefits and income a. (1), (2) or (3) above. loss benefits (Virginia).
This exclusion applies: 7. War
a. Whether the insured may be liable as an Damages arising out of:
employer or in any other capacity; and
a. War, including undeclared or civil war; or
b. To any obligation to share damages with or
repay someone else who must pay b. Warlike action by a military force, damages because of the injury. including action in hindering or defending against an actual or expected attack, by
2. ERISA, COBRA And Similar Laws
any government, sovereign or other
Any obligation of the insured under: authority using military personnel or other a. The Employees Retirement Income agents; or
Security Act Of 1974 (ERISA) or any of its c. Insurrection, rebellion, revolution, usurped amendments; power or action taken by governmental
b. The Consolidated Omnibus Budget authority in hindering or defending against any of these.
Reconciliation Act of 1985 (COBRA) or any
of its amendments; or 8. Workers Compensation And Similar Laws c. Any similar common or statutory law of any Any obligation of the insured under a workers jurisdiction. compensation, disability benefits or
4. Medical Expenses Or Payments unemployment compensation law or any similar law.
Any obligation of the insured under any B. With respect to Coverage B:
expenses" or medical payments
coverage. 1. Expected Or Intended Bodily Injury Or
5. Nuclear Material Property Damage
Damages arising out of! "Bodily injury" or "property damage" expected or intended from the standpoint of the insured.
a. The actual, alleged or threatened exposure This exclusion does not apply to "bodily injury" of any person or property to; or or "property damage" resulting from the use of b. The "hazardous properties" of; reasonable force to protect persons or any "nuclear material". property.
2. Contractual Liability
As used in this exclusion:
includes "Bodily injury", "property damage", "personal
a. "Hazardous properties"
radioactive, toxic or explosive properties; injury" or "advertising injury" for which the insured is obligated to pay damages by
b. "Nuclear material" means "source reason of the assumption of liability in a material", "special nuclear material" or "by- contract or agreement. This exclusion does product material"; and not apply to liability for damages that the c. "Source material", "special nuclear insured would have in the absence of the material" and "by-product material" have contract or agreement. the meanings given them in the Atomic 2. Liquor Liability Energy Act of 1954 or any of its
"Bodily injury" or "property damage" for which
amendments.
any insured may be liable by reason of:
6. Uninsured or Underinsured Motorists, No- a. Causing or contributing to the intoxication Fault And Similar Laws
of any person, including causing or
Any liability imposed on the insured, or the contributing to the intoxication of any insured's insurer, under any of the following person because alcoholic beverages were permitted to be brought on your premises
a. Uninsured motorists; for consumption on your premises; b. Underinsured motorists;
UMBRELLA
b. The furnishing of alcoholic beverages to a This exclusion applies even if the claims person under the legal drinking age or against any insured allege negligence or other under the influence of alcohol; or wrongdoing in the supervision, hiring, c. Any statute, ordinance or regulation relating employment, training or monitoring of others to the sale, gift, distribution or use of by that insured, if the "occurrence" which alcoholic beverages. caused the "bodily injury" or "property damage" involved the ownership,
4. Employers Liability maintenance, use or entrustment to others of "Bodily injury" to: any aircraft that is owned or operated by or a. An "employee" of the insured arising out of rented or loaned to any insured. and in the course of: 7. Auto
(1) Employment by the insured; or "Bodily injury" or "property damage" arising (2) Performing duties related to out of the ownership, maintenance, use or entrustment to others of any "auto". Use
conduct of the insured's business; or
includes operation and "loading or unloading".
b. The spouse, child, parent, brother or sister
of that "employee" as a consequence of This exclusion applies even if the claims "bodily injury" described in Paragraph a. against any insured allege negligence or other above. wrongdoing in the supervision, hiring,
employment, training or monitoring of others
This exclusion applies: by that insured, if the "occurrence" which a. Whether the insured may be liable as an caused the "bodily injury" or "property employer or in any other capacity; and damage" involved the ownership, b. To any obligation to share damages with or maintenance, use or entrustment to others of repay someone else who must any "auto".
pay
damages because of the "bodily injury". This exclusion does not apply to "bodily injury"
5. Pollution or "property damage" caused by an
"occurrence" that takes place outside of the
a. "Bodily injury", "property damage", United States of America (including its "personal injury" or "advertising injury"
territories and possessions), Puerto Rico and
arising out of the actual, alleged or
Canada.
threatened discharge, dispersal, seepage,
migration, release or escape of "pollutants". 8. Watercraft b. Any loss, cost or expense arising out of "Bodily injury" or "property damage" arising any: out of the ownership, maintenance, use or
entrustment to others of any watercraft owned
(1) Request, demand, order or statutory or
or operated by or rented or loaned to any
regulatory requirement that any insured
insured. Use includes operation and "loading
or any other person or organization test
for, monitor, clean up, remove, contain, or unloading". treat, detoxity or neutralize, or in any This exclusion applies even if the claims way respond to, or assess the effects against any insured allege negligence or other of, "pollutants"; or wrongdoing in the supervision, hiring, (2) Claim or "suit" by or on behalf of any employment, training or monitoring of others jovernmental authority or any othe by that insured, if the "occurrence" which person or organization because o caused the "bodily injury" or "property testing for, monitoring, cleaning up, damage" involved the ownership, containing, maintenance, use or entrustment to others of treating,
detoxifying or neutralizing, or in any any watercraft that is owned or operated by or way responding to, or assessing the rented or loaned to any insured. effects of, "pollutants". This exclusion does not apply to a watercraft:
6. Aircraft a. While ashore on premises owned by or
"Bodily injury" or "property damage" arising out rented to any insured; or of the ownership, maintenance, use b. That is 50-feet long or less and that:
entrustment to others of any aircraft owned or (1) You own; or operated by or rented or loaned to any insured
Use includes operation and "loading| or
unloading".
EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 9 of 22
UMBRELLA
(2) You do not own and is not being used "your work" after it has been put to its to carry any person or property for a intended use.
charge. 12. Recall Of Products, Work Or Impaired
9. Electronic Data Property
Damages claimed for the loss of, loss of use of, Damages claimed for any loss, cost or damage to, corruption of, inability to access, or expense incurred by you or others for the loss inability to manipulate "electronic data". of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal
10. Damage To Property, Products Or Work of:
"Property damage" to: a. "Your product";
a. Property you own, rent or occupy, including b. "Your work"; or any costs or expenses incurred by you, or
any other person or organization, for repair, c. "Impaired property"; replacement, enhancement, restoration or if such product, work or property is withdrawn maintenance of such property for any or recalled from the market or from use by reason, including prevention of injury to a any person or organization because of a person or damage to another's property; known or suspected defect, deficiency, b. Premises you sell, give away or abandon if inadequacy or dangerous condition in it. the "property damage" arises out of any 13. Violation Of Consumer Financial part of those premises; Protection Laws
c. Property loaned to you; "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any
d. Personal property in the care, custody or actual or alleged violation of a "consumer control of the insured; financial protection law", or any other "bodily e. That particular part of real property on injury", "property damage", "personal injury" or which you or any contractors or "advertising injury" alleged in any claim or subcontractors working directly or indirectly "suit" that also alleges any such violation. on your behalf are performing operations if 14. Unsolicited Communication the "property damage" arises out of those
operations; "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any
That particular part of any property that actual or alleged violation of any law that must be restored, repaired or replaced restricts or prohibits the sending, transmitting because "your work" was incorrectly or distributing of "unsolicited communication". performed on it;
15. Access Or Disclosure Of Confidential Or
g. "Your product" arising out of "your product" Personal Information or any part of it; or "Bodily injury", "property damage", "personal h. "Your work" arising out of "your work" or injury" or "advertising injury" arising out of any any part of it and included in the "products- access to or disclosure of any person's or completed operations hazard". organization's confidential or personal
11. Damage To Impaired Property Or Property information.
Not Physically Injured 16. Knowing Violation Of Rights Of Another "Property damage" to "impaired property", or "Personal injury" or "advertising injury" caused property that has not been physically injured, by or at the direction of the insured with the arising out of: knowledge that the act would violate the rights of another and would inflict "personal injury"
a. A defect, deficiency, inadequacy or or "advertising injury". dangerous condition in "your product" or
"your work"; or 17. Material Published With Knowledge Of b. A delay or failure by you, or anyone acting Falsity
on your behalf, to fulfill the terms of a "Personal injury" or "advertising injury" arising contract or agreement. out of oral or written publication, including This exclusion does not apply to the loss of use publication by electronic means, of material, if done by or at the direction of the insured with
of other property arising out of sudden and
knowledge of its falsity.
accidental physical injury to "your product" or
UMBRELLAR
18. Material Published Or Used Prior To Policy b. Any other "personal injury" or "advertising Period injury" alleged in any claim or "suit" that
a. "Personal injury" or "advertising injury" also alleges any such infringement or arising out of oral or written publication, violation of another's copyright, "title" or including publication by electronic means, "slogan" in your "advertisement". of material whose first publication took 24. Insureds In Media And Internet Type place before the beginning of the policy Business
period; or
"Personal injury" or "advertising injury" arising
b. "Advertising| injury" arising out of out of an offense committed by an insured infringement of copyright, "title" or "slogan" whose business is:
"advertisement"
a. Advertising, "broadcasting" or publishing;
infringement in your "advertisement" was
committed before the beginning of the b. Designing or determining content of web- policy period. sites for others; or
19. Criminal Acts c. An Internet search, access, content or service provider.
"Personal injury" or "advertising injury" arising
out of a criminal act committed by or at the This exclusion does not apply to Paragraphs direction of the insured. a. (1), (2) and (3) of the definition of "personal
20. Breach Of Contract injury".
For the purposes of this exclusion:
"Personal injury" or "advertising injury" arising
out of a breach of contract. a. Creating and producing correspondence written in the conduct of your business,
21. Quality Or Performance Of Goods - Failure
bulletins, financial or annual reports, or
To Conform To Statements
newsletters about your goods, products or
"Advertising injury" arising out of the failure of services will not be considered the goods, products or services to conform with any business of publishing; and statement of quality or performance made in
your "advertisement". b. The placing of frames, borders or links, or advertising, for you or others anywhere on
22. Wrong Description Of Prices the Internet will not, by itself, be "Advertising injury" arising out of the wrong considered the business of advertising, description of the price of goods, products or "broadcasting" or publishing. services stated in your "advertisement". G.. Electronic Chatrooms Or Bulletin Boards
23. Intellectual Property "Personal injury" or "advertising injury" arising "Personal injury" or "advertising injury" arising out of an electronic chatroom or bulletin board out of any actual or alleged infringement or the insured hosts, owns or over which the violation of any of the following rights or laws, or insured exercises control. any other "personal injury" or "advertising injury" 26. Unauthorized Use Of Another's Name Or alleged in any claim or "suit" that also alleges Product any such infringement or violation:
"Personal injury" or "advertising injury" arising
a. Copyright; out of the unauthorized use of another's name b. Patent; or product in your e-mail address, domain
name or metatag, or any other similar tactics
c. Trade dress;
to mislead another's potential customers.
d. Trade name;
C. With respect to Coverage C:
e. Trademark;
Newly Acquired, Controlled Or Formed
f. Trade secret; or Entities
g. Other intellectual property rights or laws. "Crisis management service expenses" arising out This exclusion does not apply to: of a "crisis management event" that involves any a. "Advertising injury" arising out of any actual organization you newly acquire or form and that or alleged infringement or violation of occurred prior to the date you acquired or formed that organization, even if an "executive officer"
another's copyright, "title" or "slogan" in
only first becomes aware of an "event" or
your "advertisement"; or
"occurrence" that leads to such "crisis
EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 11 of 22
UMBRELLA
nanagement event atter the date you acquired or D. CHANGE ormed such oraanızatior
This policy contains all the agreements between
SECTION V - CONDITIONS you and us concerning the insurance afforded. No A. APPEALS change can be made in the terms of this
insurance except with our consent. The terms of
1. If the insured or the insured's "underlying this insurance can be amended or waived only by insurer" elects not to appeal a judgment which
endorsement issued by us and made a part of this
exceeds the "applicable underlying limit" or policy.
"self-insured retention", we may do so.
E. CURRENCY
2. If we appeal such a judgment, we will pay all
costs of the appeal. These payments will not Payments for damages or expenses described in reduce the applicable limits of insurance. In no Paragraph 5. of Paragraph D., DEFENSE AND event will our liability exceed the applicable limit SUPPLEMENTARY PAYMENTS, of SECTION I - COVERAGES will be in the currency of the
of insurance.
United States of America. At our sole option, we
B. BANKRUPTCY may make these payments in a different currency.
1. Bankruptcy or insolvency of the insured or of Any necessary currency conversion for such the insured's estate will not relieve us of our payments will be calculated based on the rate of obligations under this insurance. exchange published in the Wall Street Journal immediately preceeding the date the payment is
2. In the event of bankruptcy or insolvency of any processed. "underlying insurer", this insurance will not
replace such bankrupt or insolvent "underlying F. DUTIES REGARDING AN EVENT, insurer's" policy, and this insurance will apply as OCCURRENCE, CLAIM OR SUIT if such "underlying insurer" had not become 1. You must see to it that we are notified as bankrupt or insolvent. soon as practicable of an "event" or C. CANCELLATION "occurrence" which may result in a claim under this insurance. To the extent possible,
1. The first Named Insured shown in the notice should include:
Declarations may cancel this insurance by
a. How, when and where the "event" or
mailing or delivering to us advance written
"occurrence" took place;
notice of cancellation.
b. The names and addresses of any
2. We may cancel this insurance by mailing or
persons or organizations sustaining injury,
delivering to such first Named Insured written
damage or loss, and the names and
notice of cancellation at least:
addresses of any witnesses; and
a. 10 days before the effective date of c. The nature and location of any injury or cancellation if we cancel for nonpayment of damage arising out of the "event" or premium; or "occurrence".
b. 60 days before the effective date of 2. If a claim is made or "suit" is brought against cancellation if we cancel for any other any insured which may result in a claim under reason.
this insurance, you must see to it that we
2. We will mail or deliver our notice to such first receive written notice of the claim or "suit" as Named Insured's last mailing address known to soon as practicable. us. With respect to Coverage A, the insured
4. Notice of cancellation will state the effective must:
date of cancellation. The policy period will end a. Cooperate with us in the investigation, on that date. settlement or defense of any claim or
5. If this insurance is cancelled, we will send such "suit"; first Named Insured any premium refund due. If b. Comply with the terms of the "underlying we cancel, the refund will be pro rata. If such insurance"; and first Named Insured cancels, the refund may be
c. Pursue all rights of contribution or
less than pro rata. The cancellation will be
indemnity against any person or
effective even if we have not made or offered a
organization who may be liable to the
refund.
insured because of the injury, damage or
6. If notice is mailed, proof of mailing will be loss for which insurance is provided under sufficient proof of notice.
UMBRELLA
this policy or any policy of "underlying c. The nature and location of any injury or insurance". damage arising out of that "crisis
4. With respect to Coverage B, the insured must: management event"; and a. Immediately send us copies of any d. The reason that "crisis management demands, notices, summonses or legal event" is likely to involve damages papers received in connection with the covered by this insurance in excess of the claim or "suit"; "applicable underlying limit" or "self- insured retention" and involve regional or
b. Authorize us to obtain necessary records
national media coverage.
and other information;
H. EXAMINATION OF YOUR BOOKS AND
c. Cooperate with us in the investigation, RECORDS
settlement or defense of any claim or "suit";
We may examine and audit your books and
records as they relate to this insurance:
d. Assist us, upon our request, in the
enforcement of any right against any 1. At any time during the policy period; person or organization which may be liable 2. Up to three years after the end of the policy to the insured because of injury or damage period; and
to which Coverage B may apply. 3. Within one year after final settlement of all
5. No insured will, except at that insured's own claims under this insurance. expense, voluntarily make a payment, assume I. EXTENDED REPORTING PERIOD OPTION any obligation, make any admission or incur
any expense, other than for first aid for "bodily 1. When the "underlying insurance" applies on a injury" covered by this insurance, without our claims-made basis, any automatic or basic "extended reporting period" in such
consent.
"underlying insurance" will apply to this
6. Knowledge of an "event", "occurrence", claim or
insurance.
"suit" by your agent, servant or "employee" will
not constitute knowledge by you, unless your 2. When the "underlying insurance" applies on a insurance or risk manager, or anyone working claims-made basis and you elect to purchase in the capacity as your insurance or risk an optional or supplemental "extended manager, or anyone you designate with the reporting period" in such "underlying responsibility reporting an "event" insurance," that "extended reporting period" "occurrence", claim or "suit": will apply to this insurance only if:
a. Has received notice of such "event", a. A written request to purchase an "occurrence", claim or "suit" from such Extended Reporting Period endorsement agent, servant or "employee"; or| for this insurance is made by you and received by us within 90 days after the
b. Otherwise has knowledge of such "event", end of the policy period; "occurrence", claim or "suit".
b. You have paid all premiums due for this
G. DUTIES REGARDING A CRISIS MANAGEMENT policy at the time you make such request; EVENT
c. You promptly pay the additional premium
You must: we charge for the Extended Reporting
Period endorsement for this insurance
1. Notify us within 30 days of a "crisis when due. We will determine that management event" that may result in "crisis additional premium after we have management service expenses". received your request for the Extended
2. Provide written notice of the "crisis Reporting Period endorsement for this management event" as soon as practicable. To insurance. That additional premium is not the extent possible, notice should include: subject to any limitation stated in the "underlying insurance" on the amount or
a. How, when and where that "crisis percentage of additional premium that management event" took place;
may be charged for the "extended
b. The names and addresses of any persons reporting period" in such "underlying or organizations sustaining injury, damage insurance"; and or loss, and the named and addresses of
any witnesses;
EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved: Page 13 of 22
UMBRELLA
d. That Extended Reporting Period the full policy period of this Excess Follow- endorsement is issued by us and made a Form And Umbrella Liability Insurance. This part of this policy. provision does not apply to the reduction or
3. Any Extended Reporting Period endorsement exhaustion of the aggregate limit or limits of for this insurance will not reinstate or increase such "underlying insurance" solely by the Limits of Insurance or extend the policy payments as permitted in Paragraphs 4.a. (1), period. (2) and (3) of COVERAGE A - EXCESS
FOLLOW-FORM LIABILITY of SECTION I -
4. Except with respect to any provisions to the COVERAGES. As such policies expire, you contrary contained in Paragraphs 1., 2. or 3.
will renew them at limits and with coverage at
above, all provisions of any option to purchase
least equal to the expiring limits of insurance
an "extended reporting period" granted to you in
the "underlying insurance" If you fail to comply with the above apply to this
requirements, Coverage A is not invalidated
insurance.
However, in the event of a loss, we will pay
J. INSPECTIONS AND SURVEYS only to the extent that we would have paid had
1. We have the right but are not obligated to: you complied with the above requirements. a. Make inspections and surveys at any time; 2. The first Named Insured shown in the b. Give you reports on the conditions we find; Declarations must give us written notice of and any change in the "underlying insurance" as
respects:
c. Recommend changes.
a. Coverage;
2. Any inspections, surveys,
recommendations relate only to insurability and b. Limits of insurance; the premiums to be charged. We do not make c. Termination of any coverage; or safety inspections. We do not undertake to
perform the duty of any person or organization d. Exhaustion of aggregate limits. to provide for the health or safety of workers or 3. If you are unable to recover from any the public. We do not warrant that conditions: "underlying insurer" because you fail to a. Are safe or healthful; or comply with any term or condition of the "underlying insurance", Coverage A is not
b. Comply with laws, regulations, codes or invalidated. However, we will pay for any loss standards. only to the extent that we would have paid had K. LEGAL ACTION AGAINST US you complied with that term or condition in
1. No person or organization has a right under this that "underlying insurance". insurance: M. OTHER INSURANCE
a. To join us as a party or otherwise bring us This insurance is excess over any valid and into a "suit" asking for damages from an collectible "other insurance" whether such "other insured; or insurance" is stated to be primary, contributing, b. To sue us on this insurance unless all of its excess, contingent or otherwise. This provision terms have been fully complied with. does not apply to a policy bought specifically to apply as excess of this insurance.
2. A person or organization may sue us to recover
on an agreed settlement or on a final judgment However, if you specifically agree in a written against an insured. We will not be liable for contract or agreement that the insurance provided damages that: to any person or organization that qualifies as ar a. Are not payable under the terms of this insured under this insurance must apply on a insurance; or primary basis, or a primary and non-contributon basis, then insurance provided under Coverage /
b. 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
claimant or the claimant's legal
representative.
L. MAINTENANCE OF UNDERLYING INSURANCE
1. The insurance afforded by each policy of
"underlying insurance" will be maintained for
UMBRELLA
provide insurance in such country or
insurance" that is available to such additional which real beret ay tonal jurisdiction; or insured which covers that person or b. The furnishing of certificates or other organization as a named insured, and we will evidence of insurance in any country or not share with that "other insurance", provided jurisdiction in which we are not licensed to that the injury or damage for which coverage is provide insurance. sought is caused by an "event" that takes place
or is committed subsequent to the signing of Q. PROHIBITED COVERAGE - TRADE OR
ECONOMIC SANCTIONS
that contract or agreement by you.
We will provide coverage for any loss, or
2. This insurance is still excess over any valid and
otherwise will provide any benefit, only to the
collectible "other insurance", whether primary, extent that providing such coverage or benefit excess, contingent or otherwise, which covers does not expose us or any of our affiliated or that person or organization as an additional
parent companies to:
insured or as any other insured that does not
qualify as a named insured. 1. Any trade or economic sanction under any law or regulation of the United States of America;
N. PREMIUM
1. The first Named Insured shown in the 2. Any other applicable trade or economic Declarations is responsible for the payment of sanction, prohibition or restriction. all premiums and will be the payee for any
R. REPRESENTATIONS
return premiums.
2. If the premium is a flat charge, it is not subject By accepting this insurance, you agree:
to adjustment except as provided in Paragraph 1. The statements in the Declarations and any
4. below. subsequent notice relating to "underlying
insurance" are accurate and complete;
3. If the premium is other than a flat charge, it is
advance only. The earned 2. Those statements are based upon premium
premium will be computed at the end of the representations you made to us; and policy period, or at the end of each year of the 3. We have issued this insurance in reliance policy period if the policy period is two years or upon your representations. longer, at the rate shown in the Declarations, S. SEPARATION OF INSUREDS subject to the Minimum Premium.
Except with respect to the Limits of Insurance,
4. Additional premium may become payable when and any rights or duties specifically assigned in coverage is provided for additional insureds this policy to the first Named Insured shown in the under the provisions of SECTION II - WHO IS Declarations, this insurance applies:
AN INSURED. 1. As if each Named Insured were the only
O. PREMIUM AUDIT Named Insured; and
The premium for this policy is the amount stated in 2. Separately to each insured against whom Item 5. of the Declarations. The premium is a flat claim is made or "suit" is brought. charge unless it is specified in the Declarations as
T. WAIVER OR TRANSFER OF RIGHTS OF
adjustable. RECOVERY AGAINST OTHERS TO US
P. PROHIBITED COVERAGE - UNLICENSED 1. If the insured has rights to recover all or part INSURANCE of any payment we have made under this
1. With respect to loss sustained by any insured in insurance, those rights are transferred to us a country or jurisdiction in which we are not and the insured must do nothing after loss to licensed to provide this insurance, this impair them. At our request, the insured will insurance does not apply to the extent that bring suit or transfer those rights to us and insuring such loss would violate the laws or help us, and with respect to Coverage A, the regulations of such country or jurisdiction. "underlying insurer", enforce them.
2. We do not assume responsibility for: If the insured has agreed in a contract or agreement to waive that insured's right of
a. The payment of any fine, fee, penalty or
recovery against any person or organization,
other charge that may be imposed on any we waive our right of recovery against that person or organization in any country or person or organization, but only for payments jurisdiction because we are not licensed to we make because of an "event" that takes place or is committed subsequent to the
EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 15 of 22
UMBRELLA
execution of that contract or agreement by such SECTION VI - DEFINITIONS insured.
A. With respect to all coverages of this insurance:
2. Reimbursement of any amount recovered will 1. "Applicable underlying limit" means the sum of:
be made in the following order:
a. The applicable limit of insurance stated
a. First, to any person or organization for the policies of "underlying insurance" (including us or the insured) who has paid
in the Schedule Of Underlying Insurance
any amount in excess of the applicable limit
of insurance; subject to the provisions in Paragraphs
4.a. (1), (2) and (3) of COVERAGE A -
b. Next, to us; and EXCESS FOLLOW-FORM LIABILITY of
SECTION I - COVERAGES; and
b. The applicable limit of insurance of any
"other insurance" that applies.
is entitled to claim the remainder, if any.
The limits of insurance in any policy of
2. Expenses incurred in the process of recovery "underlying insurance" will apply even if:
divided among all persons or
organizations receiving amounts recovered a. The "underlying insurer" claims the according to the ratio of their respective insured failed to comply with any term or recoveries. condition of the policy; or
U. TRANSFER OF YOUR RIGHTS AND DUTIES b. The "underlying insurer" becomes UNDER THIS INSURANCE bankrupt or insolvent.
1. Your rights and duties under this insurance may 2. "Auto hazard" means all "bodily injury" and not be transferred without our written consent "property damage" to which liability insurance except in the case of death of an individual afforded under an auto policy of "underlying Named Insured. insurance" would apply but for the exhaustion
2. If you die, your rights and duties will be of its applicable limits of insurance. transferred to your legal representative but only 3. "Electronic data" means information, facts or while acting within the scope of duties as your programs stored as or on, created or used on, legal representative. Until legal or transmitted to or from computer software representative is appointed, anyone having (including systems and applications software), proper temporary custody of your property will hard or floppy disks, CD-ROMs, tapes, drives, have your rights and duties but only with cells, data processing devices or any other respect to that property. media which are used with electronically controlled equipment.
V. UNINTENTIONAL OMISSION OR ERROR
The unintentional omission of, or unintentional error 4. "Event" means an "occurrence", offense, in, any information provided by you which we relied accident, act, error, omission, wrongful act or upon in issuing this policy will not prejudice your loss. rights under this insurance. However, this provision 5. "Extended reporting period" means any period does not affect our richt to collect additional
of time, starting with the end of the policy
premium or to exercise our rights of cancellation or period of your claims-made insurance, during nonrenewall in accordance with applicable which claims or "suits" may be first made, insurance laws or regulations. brought or reported for that insurance.
W. WHEN LOSS IS PAYABLE 6. "Medical expenses" means expenses to If we are liable under this insurance, we will pay for which any Medical Payments section of any injury, damage or loss after: policy of Commercial General Liability "underlying insurance" applies.
1. The insured's liability is established by:
7. "Other insurance" means insurance, or the
a. A court decision; or
funding of losses, that is provided by, through
b. A written agreement between the claimant, or on behalf of:
the insured, any "underlying insurer" and
us; and a. Another insurance company;
2. The amount of the "applicable underlying limit" b. Us or any of our affiliated insurance or "self-insured retention" is paid by or on companies; behalf of the insured. c. Any risk retention group;
UMBRELLA
d. Any self-insurance method or program, in Commercial General Liability which case the insured will be deemed to "underlying insurance" states that be the provider of such insurance; or products-completed operations are e. Any similar risk transfer or risk subject to the General Aggregate Limit.
management method.
"Other insurance" does not include: 9. "Suit" means a civil proceeding which alleges damages. "Suit" includes:
a. Any "underlying insurance"; or
a. An arbitration proceeding in which
b. Any policy of insurance specifically damages are claimed and to which the purchased to be excess of the limits of insured must submit or does submit with insurance of this policy shown in the our consent; or
Declarations.
b. Any other alternative dispute resolution
8. "Products-completed operations hazard": proceeding to which the insured submits a. Includes all "bodily injury" and "property with our consent. damage" occurring away from premises 10. "Underlying insurance":
you own or rent and arising out of "your
product" or "your work" except: a. Means the policy or policies of insurance listed in the Schedule Of Underlying
(1) Products that are still in your physical
Insurance.
possession; or
b. Includes any renewal or replacement of
(2) Work that has not yet been completed
such policies if such renewal or
or abandoned. However, "your work"
will be deemed completed at the replacement is during the policy period of this Excess Follow-Form And Umbrella
earliest of the following times:
Liability Insurance.
(a) When all the work called for in your
c. Does not include any part of the policy
contract has been completed;
period of any of the policies described in
(b) When all the work to be done at the
Paragraphs a. or b. above that began
job site has been completed if your
before, or that continues after, the policy
contract calls for work at more than
period of this Excess Follow-Form And
one job site; or
Umbrella Liability Insurance.
(c) When that part of the work done at
11. "Underlying insurer" means any insurer which
a job site has been put to its
provides a policy of insurance listed in the
intended use by any person or
Schedule Of Underlying Insurance.
organization other than another
contractor or subcontractor working B. With respect to Coverage B and, to the extent that on the same project. the following terms are not defined in the Work that "underlying insurance", to Coverage A:
maintenance, correction, repair 1. "Advertisement" means a notice that is replacement, but which is otherwise broadcast or published to the general public complete, will be treated as completed. or specific market segments about you b. Does not include "bodily injury" or "property Joods, products or services for the purpose o damage" arising out of: attracting customers or supporters. For th urposes of this definition
(1) The transportation of property, unless
the injury or damage arises out of a a. Notices that are published include condition in or on a vehicle not owned material placed on the Internet or on or operated by you, and that condition similar electronic means of created by the "loading communication; and |
unloading" of that vehicle by any b. Regarding web sites, only that part of a web site that is about your goods,
(2) The existence of tools, uninstalled products or services for the purposes of equipment or abandoned or unused attracting customers or supporters is materials; or considered an advertisement.
(3) Prasica ion listedions for which the 2. "Advertising injury":
a policy of
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UMBRELLAR
a. Means injury, other than "personal injury", b. In, by or with any other electronic means caused by one or more of the following of communication, such as the Internet, if offenses: that material is part of:
(1) Oral or written publication, including (1) Radio or television programming publication by electronic means, being transmitted;
material in your "advertisement" that (2) Other entertainment, educational, slanders or libels a person music or
instructional, news
organization or disparages a person's programming being transmitted; or or organization's goods, products
services, provided that the claim is (3) Advertising transmitted with any such made or the "suit" is brought by a programming.
person or organization that claims to 6. "Consumer financial identity information" have been slandered or libeled, or that means any of the following information for a claims to have had its goods, products person that is used or collected for the or services disparaged; purpose of serving as a factor in establishing (2) Oral or written publication, including such person's eligibility for personal credit, publication by electronic means, of insurance or employment or for the purpose material in your "advertisement" that: of conducting a business transaction:
(a) Appropriates a person's a. Part or all of the account number, the name,
expiration date or the balance of any
voice, photograph or likeness; or
credit, debit, bank or other financial
(b) Unreasonably places a person in a account;
false light; or
b. Information bearing on a person's credit
(3) Infringement of copyright, "title" or worthiness, credit standing or credit "slogan" "advertisement",
capacity;
provided that the claim is made or the
"suit" is brought by a person or c. Social security number; organization that claims ownership of d. Driver's license number; or such copyright, "title" or "slogan". e. Birth date.
b. Includes "bodily injury" caused by one or 7. "Consumer financial protection law" means:
more of the offenses described
Paragraph a. above. a. The Fair Credit Reporting Act (FCRA) and any of its amendments, including the Fair
3. "Auto" means: and Accurate Credit Transactions Act
a. A land motor vehicle, trailer or semitrailer (FACTA); designed for travel on public roads, b. California's Song-Beverly Credit Card Act including any attached machinery
and any of its amendments; or
equipment; or
c. Any other law or regulation that restricts
b. Any other land vehicle that is subject to a or prohibits the collection, dissemination, compulsory or financial responsibility law or transmission, distribution or use of other motor vehicle insurance law where it "consumer financial identity information". is licensed or principally garaged.
• "Employee" includes a "leased worker
However, "auto" does not include "mobile
Emplovee" does not include a "temporal
equipment". worker".
4. "Bodily injury" means:
9. "erd sy medal services" for which any
a. Physical harm, including sickness or
disease, sustained by a person; or compensation is demanded or received. b. Mental anguish, injury or illness, 24. "Impaired property" means tangible property, emotional distress, resulting at any time other than "your product" or "your work", that from such physical harm, sickness or cannot be used or is less useful because:
a. It incorporates "your product" or "your
5. "Broadcasting" means transmitting any audio or work" that is known or thought to be visual material for any purpose: defective, deficient, inadequate or a. By radio or television; or dangerous; or
UMBRELLA
b. You have failed to fulfill the terms of a exploration, lighting and well servicing contract or agreement; equipment; or
if such property can be restored to use by the (2) Cherry pickers and similar devices repair, replacement, adjustment or removal of used to raise or lower workers. "your product" or "your work" or your fulfilling f. Vehicles not described in Paragraph a., b., the terms of the contract or agreement. c. or d. above maintained primarily for
11. "Leased worker" means a person leased to you purposes other than the transportation of by a labor leasing firm under an agreement persons or cargo. between you and the labor leasing firm, to However, self-propelled vehicles with the perform duties related to the conduct of your following types of permanently attached business. "Leased worker" does not include a equipment are not "mobile equipment" but "temporary worker". will be considered "autos":
12. "Loading or unloading" means the handling of (1) Equipment designed primarily for:
property: (a) Snow removal;
a. After it is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing; or aircraft, watercraft or "auto"; (c) Street cleaning;
b. While it is in or on an aircraft, watercraft or
(2) Cherry pickers and similar devices
"auto"; or mounted on automobile or truck
c. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or "auto" to the place where it is workers; and finally delivered; (3) Air compressors, pumps and
but "loading or unloading" does not include the generators, including spraying, movement of property by means welding, building cleaning, geophysical mechanical device, other than a hand truck, exploration, lighting and well servicing that is not attached to the aircraft, watercraft or equipment.
However, "mobile equipment" does not include
13. "Mobile equipment" means any of the following any land vehicle that is subject to a compulsory types of land vehicles, including any attached or financial responsibility law, or other motor machinery or equipment: vehicle insurance law, where it is licensed or principally garaged. Such land vehicles are
a. Bulldozers, farm machinery, forklifts and considered "autos". other vehicles designed for use principally off
14. "Occurrence" means:
public roads.
b. Vehicles maintained for use solely on or next a. With respect to "bodily injury" or "property damage":
to premises you own or rent.
(1) An accident, including continuous or
c. Vehicles that travel on crawler treads.
repeated exposure to substantially the
d. Vehicles, whether self-propelled or not, same. general harmful conditions, maintained primarily to provide mobility to which results in "bodily injury" or permanently mounted: "property damage". All "bodily injury" (1) Power cranes, shovels, loaders, diggers or "property damage" caused by such or drills; or exposure to substantially the same
general harmful conditions will be
(2) Road construction or resurfacing
deemed to be caused by one
equipment such as graders, scrapers or "occurrence"; or rollers.
(2) An act or omission committed in
e. Vehicles not described in Paragraph a., b., providing or failing to provide first aid c. or d. above that are not self-propelled and or "Good Samaritan services" to a are maintained primarily to provide mobility person by any of your "employees" or to permanently attached equipment of the "volunteer workers" other than an following types: employed or volunteer doctor, unless
you are in the business or occupation
(1) Air compressors, pumps
generators, including spraying, welding, of providing professional health care services;
building cleaning, geophysical
EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 19 of 22
UMBRELLA
b. With respect to "personal injury", an 5) Oral or written publication. includin offense arising out of your business that ublication by electronic means, c results in "personal injury". All "personal material that:
injury" caused by the same or related
injurious material, act or offense will be (a) Appropriates a person's name, deemed to be caused by one "occurrence", voice, photograph or likeness; or regardless of the frequency or repetition (b) Unreasonably places a person in thereof, the number and kind of media a false light.
used or the number of persons or
organizations making claims or bringing b. Includes "bodily injury" caused by one or more of the offenses described in
"suits"; and
Paragraph a. above.
c. With respect to "advertising injury", an
offense committed in the course of 17. "Pollutants" mean any solid, liquid, gaseous or advertising your goods, products and thermal irritant or contaminant, including services that results in "advertising injury" smoke, vapor, soot, fumes, acids, alkalis, All "advertising injury" caused by the same chemicals and waste. Waste includes or related injurious material, act or offense materials to be recycled, reconditioned or will be deemed to be caused by one reclaimed.
"occurrence", regardless of the frequency 18. "Property damage" means:
or repetition thereof, the number and kind
of media used or the number of persons or a. Physical injury to tangible property, organizations making claims or bringing including all resulting loss of use of that "suits". property. All such loss of use will be
deemed to occur at the time of the
10. "Officer" means a person holding any of the physical injury that caused it; or officer positions created by your charter,
constitution, bylaws or any other similar b. Loss of use of tangible property that is not governing document. physically injured. All such loss of use will be deemed to occur at the time of the
16. "Personal injury":
"occurrence" that caused it.
a. Means injury, other than "advertising
injury", caused by one or more of the For the purposes of this insurance, "electronic following offenses: data" is not tangible property.
(1) False arrest, detention or 19. "Self-insured retention" is the greater of:
imprisonment;
a. The amount shown in the Declarations
(2) Malicious prosecution; which the insured must first pay under (3) The wrongful eviction from, wrongful Coverage B for damages because of all entry into, or invasion of the right of "bodily injury", "property damage" private occupancy of a room, dwelling "personal injury" or "advertising injury" or premises that a person occupies, arising out of any one "occurrence"; or provided that the wrongful eviction, b. The applicable limit of insurance of any wrongful entry or invasion of the right of "other insurance" that applies. private occupancy is committed by or
on behalf of the owner, landlord or 20. "Slogan":
lessor of that room, dwelling or a. Means a phrase that others use for the premises; purpose of attracting attention in their
4) Oral or written publication, includin advertising.
ublication by electronic means. d
b. Does not include a phrase used as, or in,
material that slanders or libels a person the name of:
or organization or disparages a
person's organization's goods, (1) Any person or organization other than products or services, provided that the you; or
claim is made or the "suit" is brought by
a person or organization that claims to (2) Any business, or any of the premises, have been slandered or libeled, or that goods, products, services or work, of any person or organization other than
claims to have had its goods, products you.
or services disparaged; or
UMBRELLA
21. "Temporary worker" means a person who is (1) Warranties or representations made furnished to you to substitute for a permanent at any time with respect to the fitness, "employee" on leave or to meet seasonal or quality, durability, performance or use short-term workload conditions. of "your work"; and
22. "Title" means the name of a literary or artistic (2) The providing of or failure to provide work. warnings or instructions.
23. "Unsolicited communication" means C. With respect to Coverage C:
communication, in any form, that the recipient 1. "Crisis management advisor" means any of such communication did not specifically public relations firm or crisis management request to receive. firm approved by us that is hired by you to
24. "Volunteer worker" means a person who is not perform "crisis management services" in your "employee", and who donates his or her connection with a "crisis management event". work and acts at the direction of and within the 2. "Crisis management event" means an "event" scope of duties determined by you, and is not or "occurrence" that your "executive officer" paid a fee, salary or other compensation by you reasonably determines has resulted, or may or anyone else for their work performed by you. result, in:
25. "Your product": a. Damages covered by this Coverage A or Coverage B that are in excess of the total
a. Means:
applicable limits of the "underlying
(1) Any goods or products, other than real insurance" or "self-insured retention"; and property, manufactured, sold, handled, b. Significant adverse regional or national distributed or disposed of by: media coverage.
(a) You; 3. "Crisis management service expenses"
(b) Others trading under your name; or means amounts incurred by you, after a "crisis management event" first commences
(c) A person or organization whose
and before such event ends:
business or assets you have
acquired; and a. For the reasonable and necessary:
than vehicles), (1) Fees and expenses of a "crisis
(2) Containers (other
management advisor" in the
materials, parts or equipment furnished
performance for you of "crisis
in connection with such goods or
management services" solely for a
products.
"crisis management event"; and
b. Includes:
(2) Costs for printing, advertising, mailing
(1) Warranties or representations made at of materials or travel by your any time with respect to the fitness, directors, officers, employees or quality, durability, performance or use agents or a "crisis management advisor" solely for "crisis
of "your product"; and
management event"; and
(2) The providing of or failure to provide b. For the following expenses resulting from warnings or instructions.
such "crisis management event", provided
c. Does not include vending machines or that such expenses have been approved other property rented to or located for the by us:
use of others but not sold. (1) Medical expenses;
26. "Your work": (2) Funeral expenses;
a. Means: (3) Psychological counseling;
(1) Work or operations performed by you (4) Travel expenses; or on your behalf; and (5) Temporary living expenses;
(2) Materials, parts or equipment furnished (6) Expenses to secure the scene of a in connection with such i work or "crisis management event"; or operations. (7) Any other expenses pre-approved by
US.
b. Includes:
EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 21 of 22
UMBRELLA
4. "Crisis management services" means those c. Chief Financial Officer; services performed by a "crisis management d. President; advisor" in advising you or minimizing potential
harm to you from a "crisis management event" e. General Counsel; by maintaining or restoring public confidence in f. General partner if you are a you. partnership; or
5. "Executive officer" means your: g. Sole proprietor (if you are a sole a. Chief Executive Officer; proprietorship);
b. Chief Operating Officer; or any person acting in the same capacity as any individual listed above.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4 84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT-CALIFORNIA
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 07/01/2023 at 12:01 A.M. standard time, forms a part of (DATE)
Policy No. WC 8664223 - 01 Endorsement No.
of the Zurich American Insurance Company
(NAME OF INSURANCE COMPANY)
issued to SANDERSON BELLECCI INC
Premium (if any) $
Authorized Representative
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration
Schedule
Person or Organization Job Description
ALL CA Operations
WC 04 03 06 (Ed. 4-84) Page 1 of 1
TRAVELERSJ
POLICY NUMBER: P-660-7W723958-COF-23
EFFECTIVE DATE: 05-19-23
ISSUE DATE: 06-05-23
LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS
THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS.
IL TO 02 11 89 COMMON POLICY DECLARATIONS
IL T8 01 10 93 FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS IL TO 01 01 07 COMMON POLICY CONDITIONS
IL TO 03 04 96 LOCATION SCHEDULE
GENERAL PURPOSE ENDORSEMENT
COMMERCIAL PROPERTY
CP TO 11 01 03 COMMERCIAL PROPERTY DECLARATIONS
CP 12 18 10 12 LOSS PAYABLE PROVISIONS
CP 03 20 10 92 MULTIPLE DEDUCTIBLE FORM
CP TO 0 0 02 11 TABLE OF CONTENTS COMMERCIAL PROPERTY
CP 00 0 07 88 COMMERCIAL PROPERTY CONDITIONS
CP T1 0 02 17 BUILDING AND PERSONAL PROPERTY COVERAGE
CP T1 04 02 17 BUS INC (AND EXTRA EXPENSE) COV FRM
CP T1 08 02 17 CAUSE OF LOSS - SPECIAL FORM
CP T3 69 02 17 ELECTRONIC VANDALISM LIMITATION END
CP T3 82 02 04 CAUSES OF LOSS - EQUIPMENT BREAKDOWN
CP T3 38 02 17 PROPERTY EXTRA
CP T3 81 01 21 FEDERAL TERRORISM RISK INSURANCE ACT DIS
COMMERCIAL GENERAL LIABILITY
CG TO 01 11 03 COML GENERAL LIABILITY COV PART DEC
CG TO 07 09 87 DECLARATIONS PREMIUM SCHEDULE
CG TO 08 11 03 KEY TO DECLARATIONS PREMIUM SCHEDULE
CG TO 34 02 19 TABLE OF CONTENTS - COM GEN LIAB COV
CG T1 00 02 19 COMMERCIAL GENERAL LIABILITY COV FORM
CG D3 75 03 06 ADD'L INSUR-MORTGAGEE, ASSIGNEE, SUCCESOR CG D4 14 04 08 BLANKET ADDL INSD - WRITTEN CONTRACTS
CG D9 10 09 21 AMENDMENT OF INTELLECTUAL PROPERTY EXCI
CG D2 03 12 97 AMEND-NON CUMULATION OF EACH OCC
CG D3 79 02 19 XTEND END FOR ARCHITECTS, ENG & SURVEY
CG D2 64 11 03 EXCL-TEST/CONSULTING ERRORS AND OMISSION CG D2 72 11 03 EXCL-INSPECTION/APPRAISAL/SURVEY COMPANI CG D2 73 11 03 EXCL-ENGINEERS/ARCHITECTS PROF LIAB
CG D2 93 11 03 EXCL-CONSTRUCT MANAGE ERRORS & OMISSIONS CG D3 80 10 11 EXCL-ENGIN ARCHITECT OR SURVEY PROF LIAB CG D4 21 07 08 AMEND CONTRAC LIAB EXCL-EXC TO NAMED INS CG D6 18 10 11 EXCL-VIOLATION OF CONSUMER FIN PROT LAWS CG D8 52 09 20 UNMANNED AIRCRAFT EXCI-EXCPTS APPLY
CG DO 76 06 93 EXCLUSION-LEAD
CG D1 42 02 19 EXCLUSION-DISCRIMINATION
CG D1 74 02 19 AMEND-POLL EXCL- INCL LTD COV POLL COSTS IL T8 01 10 93 PAGE: 1 OF 2
TRAVELERSJ
POLICY NUMBER: P-660-7W723958-COF-23
EFFECTIVE DATE: 05-19-23
ISSUE DATE: 06-05-23
COMMERCIAL GENERAL LIABILITY (CONTINUED)
'G D2 40 09 15 EXCLUSION -SILICA OR SILICA-RELATED DUST G T4 90 05 19 EXCLUSION - ABUSE OR MOLESTATION
EMPLOYEE BENEFITS LIABILITY
CG IO 09 09 93 EMPLOYEE BENEFITS LIAB COV PART DEC
CG TO 43 01 16 EMPLOYEE BENEFITS LIAB TABLE OF CONTENTS CG T1 01 01 16 EMPLOYEE BENEFITS LIABILITY COV FORM
INTERLINE ENDORSEMENTS
IL TO 63 07 22 ACTUAL CASH VALUE
IL T3 68 01 21 FED TERRORISM RISK INS ACT DISCLOSURE
IL T4 12 03 15 AMNDT COMMON POLICY COND-PROHIBITED COVG IL I4 14 01 21 CAP ON LOSSES FROM CERT ACTS OF TERRORIS IL T4 27 06 19 ADDITIONAL BENEFITS
IL T4 40 10 20 PROTECTION OF PROPERTY
IL T3 82 05 13 EXCL OF LOSS DUE TO VIRUS OR BACTERIA
IL F1 00 02 20 CA CHANGES - REPLACEMENT COST
IL 00 21 09 08 NUCLEAR ENERGY LIAB EXCL END-BROAD FORM
IL 01 02 02 20 CA CHANGES - ACTUAL CASH VALUE
IL 01 04 07 20 CA CHANGES
IL 01 67 10 13 MT CHANGES - CONFORMITY WITH STATUTES
IL 01 69 09 07 CO CHANGES CONCEAL MISREP OR FRAUD
IL 02 43 09 07 MONTANA CHANGES
IL I3 05 07 15 INSURER AMENDMENT ENDORSEMENT
IL T3 55 05 13 EXCLUSION OF CERTAIN COMPUTER LOSSES
POLICYHOLDER NOTICES
PN T1 89 02 23 JURISDICTIONAL INSP & CONTACT INFO REQ
PN U4 42 01 22 NOTICE OF IMPORTANT PROVISIONS-MONTANA
PN T1 94 12 21 IMPORTANT NOTICE - LEAD EXCLUSION
IL T8 01 10 93 PAGE: 2 OF 2