AMENDMENT NO. 5 TO
PROFESSIONAL SERVICES AGREEMENT
PROVISION OF PROFESSIONAL SERVICES WITH BIGGS CARDOSA ASSOCIATES, INC.
This Amendment No. 5 ("Amendment") to Professional Services Agreement is made and entered into effective the July 16, 2024, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and Biggs Cardosa Associates, Inc., a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i) CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective January 17, 2017 through which CONSULTANT has been providing professional services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A".
(ii) The Parties now seek to amend the Agreement to extend the term of the agreement and increase the cumulative contract not -to -exceed amount by $155,502 for additional design and field work in support of the Golden Avenue Bridge Replacement Project. (iii) All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
B. Amendment to Agreement.
1. Section 2.1, Paragraph 1 of the Agreement is hereby amended to read as follows:
1.1. Compensation. Consultant shall be paid in accordance with the revised fee schedule for an amount of $155,502 for the additional services set forth in Exhibit "A" of this Amendment No. 5. Consultant's total compensation shall not exceed Nine Hundred Seventy Thousand and Nine Hundred Thirty Eight Dollars ($970,938).
2. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
3. The Agreement, all amendments together with this Amendment No. 5 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 5 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
4. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 5 and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No. 5 to the Consulting Services Agreement are to be executed as of the day and year first above written.
CONSULTANT CITY OF PLACENTIA
M;ral T.r4
By:
Michael Thomas, Principal
By:
Damien R. Arrula, City Administrator
ATTEST:
By:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
By:
Christian L. Bettenhausen, City Attorney
Mr. Chris Tanio, Acting Director of Public Works
City of Placentia, Public Works Department
401 East Chapman Avenue
Placentia, CA 92870
Subject:
Dear Chris:
June 24, 2024
BCA Project No. 2017041
Extra Services and Fee Request — Caltrans Right -of -Way Certification, Environmental Permit reverification, OC Loop Coordination, Redesign of 100% PS&E package, Construction Bidding Services and Construction Phase Services for Golden Avenue Bridge Replacement Project at Carbon Canyon Channel Federal Project No. BRL-5269(025) Bridge NO. 55C-0192 Biggs Cardosa Associates is submitting this Extra Services and Fee Request as agreed and previously discussed. The scope provided in this proposal is intended to carry the project to completion.
The following is background information on the project status and decisions preceding this proposal. From the time the Amendment #4 request was submitted (April 27, 2022) and subsequently approved (September 2022), the BCA team continued to perform the tasks requested by the City even though the existing budget had been exhausted across all tasks. The project had essentially been completed however due to complications related to the construction funding that the City believed it had secured, the project status went into limbo while the City attempted to determine a path forward in securing the funding. BCA assisted the City in assessing options for moving forward, which included restarting the Right -of -Way (ROW) process to bring the ROW design into compliance with Caltrans procedures and federal regulations, and potentially redesigning the project geometrics to ensure all permanent features and temporary access routes would fall within existing City ROW. The City concluded in the Fall of 2022 that the project would need to restart the ROW process, and extensive Caltrans coordination ensued. In the early summer of 2023, BCA began ongoing budget discussions with the City with respect to submitting an additional scope and fee request, however it was mutually agreed to by BCA and the City that submitting one proposal that covered all additional tasks would be preferred in order to minimize City Council involvement. To meet this objective, it was necessary to progress the design to the point where the BCA team gained a full understanding of the environmental and regulatory process, especially the US Army Corp's 408 permit. Doing so necessitated a significant amount of work that was outside of the scope of Amendment #4, but which relied on the budget established by Amendment #4, as agreed upon at the time by the City and BCA.
At the time of the proposal for Amendment #4, the original scope of work intended to finish out the project by completing the following identified scope:
• Regulatory reverification process
• continued utility provider coordination
• an anticipated E-76 submittal
• on-going cursory review & coordination with the OC Loop project • engineering support during the Bidding and Construction phases At the outset of ROW certification, Caltrans indicated that the City's right-of-way design did not meet federal regulations, and would need to be re -done. This precipitated a significant shift in overall schedule and required tasks that involved additional project management, PDT meetings and coordination, environmental permitting, utility coordination, ROW coordination and meetings, and because the OC Loop would eventually leapfrog our project schedule in terms of construction, the Golden Avenue project now needed more extensive coordination and design/ plan revisions. This included assessing the constructability of both projects as well as advertising/ administrative roles and responsibilities. The following is a brief breakdown of the out -of -scope work that resulted from the renewed ROW process:
racr_
Golden Avenue Bridge Replacement Project at Carbon Canyon Channel Extra Services and Fee Request
• Extensive ROW meetings with City, Caltrans ROW staff, and the City's Real Estate consultant • Golden Ave Project/ OC Loop Project/ Caltrans coordination • Property and easement reviews
• NEPA Coordination and Revalidation process
• CEQA Coordination and Addendum preparation
• Additional OC Loop meetings, reviews & coordination
• Base map revisions, design verification and/or revisions • Additional utility relocation verification & coordination • Additional 408 permit coordination, memorandum and extension request • Bi -weekly PDT meetings with meeting minutes per the City's request
1. SCOPE REQUIRED TO TAKE THE PROJECT TO CONSTRUCTION
On February 4th 2024, the City received an informal confirmation from the US Army Corp of Engineers that an extension of the 408 permit would be forthcoming. As such, the project focus reverts back to completing the ROW certification process, finalizing the utility relocation coordination, completing the required environmental studies, and finalizing the PS&E. On February 6th, the City's Project Manager prepared and circulated a project schedule that indicated the project was on track to meet the funding deadline and that the ROW task is now the critical path. The anticipated ROW certification date is listed as 11/15/24, it is assumed that the bi-weekly PDT meetings will continue until then. The anticipated award date is 5/26/25 and the start of construction is listed as 6/15/25. The anticipated tasks are as follows:
ADDITIONAL PROJECT MANAGEMENT SERVICES:
In keeping with the City's request for bi-weekly PDT meetings, additional meetings are required inclusive of preparation of agenda, meeting minutes, and tracking action items. Also, project administration duties which include progress reports in which BCA will detail major items of work that were performed during a billing period and through the end of the construction phase.
ENVIRONMENTAL SERVICES:
Phase I Initial Site Assessment
A Phase I Initial Site Assessment (ISA) was performed in February 2018. The project went on hold in 2018 to undergo design revisions; therefore, environmental clearance was also put on hold at the time until the revisions were finalized. A Phase I ISA is generally valid for a maximum time period of one year. Therefore, the ISA will need to be revised to confirm and update current site conditions. The ISA will identify all documented hazardous waste sites located within the project study area, as well as facilities located within the project study area that store, transfer, or utilize potentially hazardous materials. An Environmental Data Resources records search will be obtained to identify all known hazardous waste sites located within the project study area that are classified as a hazardous waste site under state law. A visual survey of the project area will also be conducted to identify any obvious area of hazardous waste contamination. Upon review of the records search and results of the visual survey, the potential impact to the project will be determined, and subsequent procedures to determine the extent of contamination and remediation requirements will be included in the ISA. Deliverables include one electronic copy of the draft and final Phase I ISA.
Phase II Sampling
The previous Phase I ISA found that Phase II sampling for soil and groundwater contaminants, aerially deposited lead, lead based paint, and asbestos containing materials would be required. We will perform a field survey to conduct soil, groundwater, asbestos, and lead based paint testing. Laboratory analysis will determine the presence of hazardous materials and a report will be prepared to summarize the results.
Golden Avenue Bridge Replacement Project at Carbon Canyon Channel Extra Services and Fee Request
Deliverables include one electronic copy of the draft and final Phase II Sampling Report. Please note that this proposal does not include incorporating any recommendations arising from the sampling report as the extent of that scope is currently unknown. Therefore, any required revisions to the PS&E package must be addressed in a separate scope and fee proposal at a future date.
UTILITY COORDINATION SERVICES:
Additional coordination work is required, including coordinating with SCE for updating the design of their proposed underground facilities. Following a recent meeting with SCE representatives, it is expected that the bridge project will be responsible for constructing the SCE facilities and will therefore need to be tracked in the PS&E package. However, at this time it is still unknown what impact, if any, that including this SCE work will have on the environmental document requirements and permits.
RIGHT OF WAY ENGINEERING SERVICES:
Leaals and Plats
Legal descriptions and plat maps were produced previously to define the various temporary and permanent easements needed for the bridge and construction. The previous iterations of those documents were completed in 2019 and need updating to reflect recent property line changes and to comply with a Caltrans review. In addition, updates to the original property lines and ROW base map will be performed to reflect current data in the deliverable drawings.
Caltrans Coordination
On-going coordination and meetings with Caltrans staff is expected to continue, including submittal reviews and responding to comments. Also included is coordination and meetings with the City's real Estate consultant, Epic.
CONTRACT BID DOCUMENTS:
Once the ROW certification process and utility coordination is finalized, the current 100% PS&E package will need to be reviewed and revised accordingly. It is understood that the BCA team will revise the technical provisions, including updating to the 2021 Greenbook and to the 2023 Caltrans standards, and the City will generate the front-end specifications. A final bid set of documents will be prepared which includes:
•
.
•
.
•
.
•
.
Demolition Plan
Plan and Profile
Grading Plan
Utility Control Plan
Storm Drain Plan
Erosion Control Plan
Signing and Striping Plan
Street Improvement Plan
BIDDING AND CONSTRUCTION SUPPORT SERVICES:
•
.
.
.
.
.
.
.
General Plan
Foundation Plan
Abutment Details Sheet
Typical Section Sheet
Girder Details Sheet
Structure Approach Layout
Drainage Details Sheet
100% Technical provisions and
Estimate updates
The scope for these services will not change from the previous amendment and is included below. It was previously agreed by the City that the BCA team would use the bidding and construction support services budget to fund out -of -scope work until it was possible to submit this request. A line item in the fee breakdown
Golden Avenue Bridge Replacement Project at Carbon Canyon Channel Extra Services and Fee Request
is included for the purposes of re-establishing the previous budget, however at the City's request, these line - item budgets will be listed as optional in this request. The scope is as follows:
(Optional) Bidding
The BCA design team will provide assistance to the City during the bidding process. This assistance includes attending one Pre -Bid Construction Meetings and one additional office/ field meeting to clarify any design questions raised and found from the plans prior to construction beginning on the project. The BCA team will work closely with City staff to respond to all bid inquiries and questions relating to the plans and specifications during the bid period. Should addenda be required, the BA+CA team will assist with their preparation. All written responses to Contractor inquiries will be provided within two (2) working days of receipt of the Contractor's request. Along with this support, we will also be available to attend the bid opening. If requested, the BCA team will conduct a review of their services within the bids and supporting documentation to assist in confirmation of the lowest responsive and responsible bidder. Once this review is complete, we will make a recommendation to the City with the acceptance of and award, or if a rebid of the project if determined necessary.
(Optional) Construction Support
BCA will provide assistance to the City during construction which is anticipated to last between 6 to 8 months. The following tasks assume a duration of 8 months and include responding to requests for information (RFI's), assisting in contract change orders (CO's), reviewing shop drawings and materials/product submittals for conformance with the plans and specifications, provide clarification of design intent, when necessary, field visits to address construction issues and to observe construction of key structural components. It is assumed that there will be monthly meetings to discuss the progress of the project's discussion (8 total) and also a total of 12 field visits is assumed for the preparation of this fee estimate. Within thirty (30) days following the completion and acceptance of the Project, the BCA team will furnish a complete set of As-Builts on Bond paper to the City. Revisions will be solely based upon as - built information provided to the City and the BCA team by the City's Construction Manager and the Project Contractor. Upon approval of the bond copy of plans by the City, we will plot the As-Builts on Mylar for submittal to the City for their records.
As previously stated, should the OC Loop Project require changes in our project's design, the changes would be addressed during the construction stage. Accordingly, we have assumed a nominal amount of time that may be required for a redesign and the drafting and coordination related to any changes. Given the unknown nature of any future changes in design, this work effort and the accompanying budget should be viewed as provisional and subject to future amendments. (Optional) Agency Notifications
If requested, the BCA team will coordinate with the City to complete the required pre -construction submittals and notifications required by regulatory permits prior to initiating construction. Pre - construction agency notifications may include notice of start of work and other items such as final design plans. We will coordinate with the City to complete any required post -construction submittals and notifications. Notifications may include those required by regulatory permits to document and summarize the results of project construction and post -construction conditions. We will coordinate with the City to gather and/or prepare the necessary documentation and will submit the information to the agencies, as required.
(Optional) Construction Monitoring
If requested and required by the regulatory permits, BCA team member GPA will conduct bi-monthly construction monitoring. GPA will monitor specific activities typically required by the regulatory permits.
The results of each monitoring visit will be summarized in an email to the City. GPA will coordinate with
Golden Avenue Bridge Replacement Project at Carbon Canyon Channel Extra Services and Fee Request
the City as needed to correct any conditions that are out of compliance during monitoring visits.
Construction is anticipated to last for up to six months. Up to 12 construction monitoring visits would be conducted.
Fee
Our construction support services fee represents our best estimate of the costs involved. The construction support services costs are highly unpredictable, and highly dependent on the contractor's proficiency / performance and the overall construction schedule. The final cost may be above or below the amount estimated in this proposal. For the reasons listed above, we recommend that the City establish a contingency budget for construction support services. This budget can then be utilized if more effort is required.
BCA proposes to provide the various 'Services' outlined in this proposal, including direct expenses, not including "optional" tasks, for a fixed base fee not to exceed $155,502. A detailed breakdown of our fee proposal is attached. At the City's option, optional tasks may be added to the BCA team's scope as outlined in the above proposal, and for the fee $94,687 as shown in the attached Fee Proposal. Please note that BCA's previously used rates have expired. Updated rates are used for this Extra Services request.
Assumptions made in the preparation of this proposal:
■ It is assumed that the current survey limits are adequate for the relocation of the bridge. Should additional survey be required, the BCA team will prepare a scope of work and cost for the City to review and approve.
■ The 408 permit will be extended by the USACE
■ This proposal does not include incorporating any recommendations arising from the sampling report as the extent of that scope is currently unknown. Therefore, any required revisions to the PS&E package must be addressed in a separate scope and fee proposal at a future date.
■ An E-76 process is assumed, involving coordination with Caltrans and obtaining a right-of-way certification. As such, it is anticipated that construction bid solicitation will begin in Summer 2025. ■ OC Loop reviews have been completed. If any design changes, reviews or field visits are requested, they will be considered out of scope and not included in this proposal. ■ Construction is anticipated to last approximately six to eight months. If the construction schedule changes and additional services and/or monitoring are requested, an additional scope of work and budget to support this effort can be provided upon request.
■ Site visits are limited to structural observations only during construction. Special structural inspections are not part of this scope and fee proposal. If requested, BCA can provide a separate scope and fee proposal for Inspection Services.
■ Remedial engineering design to determine corrective action required due to materials and/or contractor's operations not meeting contract requirements is not included in this proposal. Per your request, BCA can provide this work as extra services.
■ Engineering advice and technical support for construction change orders to the plans and specifications initiated by the contractor, preparation of change order documentation which would include, where appropriate, changes to plans and specifications, and additional structural details are not included in this proposal. Per your request, BCA can provide additional hours to perform these duties, as additional services.
Golden Avenue Bridge Replacement Project at Carbon Canyon Channel Extra Services and Fee Request
■ We shall review or take other appropriate action upon Contractor's submittals, as requested by the City or the CM's RE, such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents.
■ All shoring design will be the responsibility of the contractor and their designated licensed Civil Engineer. Biggs Cardoso Associates will conduct a limited and cursory review of all shoring submittals to check for general compliance with the design concept of the project and general compliance with the information given in the contract documents.
We look forward to continuing to work with you on this project to bring it to successful completion. Please contact me if you have any questions or comments.
Sincerely,
BIGGS CARDOSA
ASSOCIATES, INC.
Carlos Vasquez, PE
Engineering Manager
Attachments:
■ Fee Proposal
Golden Avenue Bridge Replacement Project at Carbon Canyon Channel Fee Proposal 1 Biggs Cardosa Associates 1 Additional Services Biggs Cardosa Associates, Inc.
ERSC, Inc
GPA Consulting
Principal
Env. Planner
Senior
Biologist
Senior GIS
Analyst
Senior Env.
Planner
Biologist
Total
Hours
Labor
Subtotal
SCOPE OF WORK
Principal
Project
Manager
Senior
Engineer
Staff
Engineer
Senior
Computer
Drafter
Admin
Principal
Civil Project
Manager
Senior
Project
Engineer
Design
Engineer
Secretarial
$329.95
$219.52
$179.14
$135.86
$176.29
$137.94
$253.43
$215.99
$200.57
$149.14
$92.57
$272.26
$146.77
$145.43
$126.26
$82.50
PROJECT MANAGEMENT
$44,820
Task: Budget: Coordination & progress meetings, Administration 1 18 100 9
REGULATORY PERMITTING AND ENVIRONMENTAL
2 9 44 9 9
13 11 22
247
$44,820
$50,062
14 3 23
42 $4,787
Task: Section 401 Water Quality Certication Application 1 1 Task: Section 404 Nationwide Permit Verification 2 4
New Task: Phase I Initial Site Assessment 1 1
Direct Cost Report preparation by Cornerstone
New Task: Phase II Sampling 1 1
Direct Cost: Testing and report preparation by Crawford 18 31
55 $6,355
1 4
7 $1,092
$3,995
4 13
19 $3,045
$30,787
CONTRACT BID DOCUMENTS
$34,051
New Task: Prepare and submit updated 100% PS&E package 1 2 1 4 1 35 1 9 1 2 1 2 1 13 1 44 1 84 1
UTILITY COORDINATION SERVICES
I I I I
195
$34,051
$17,345
Task: Reviews, coordination meetings, misc support 1 1 1 1 18 1 1 1 1 1 49 1 1 44
RIGHT-OF-WAY ENGINEERING SERVICES
1 1 1 1
112
$17,345
$9,225
Task: Reviews, coordination meetings, misc support
Direct Cost Update Plats & Legals, by Prism
(OPTIONAL) CONSTRUCTION BIDDING SERVICES
18 18
$3,225
$6,000
$16,642
Task: Pre-bid meetings, respond to inquiries/clarifications 1 3 1 33 1 35 1 1 9 1 4 1 1 1 1 (OPTIONAL) CONSTRUCTION SUPPORT SERVICES (8 month max)
1 1 1 1
84 $16,642
$78,045
Task: RFI's, CO's, Shop drawings, monthly meetings 2 51 191 22 4 Task: Notice of Design Change 1 2 11 9
Task: Agency Notifications 2
Task: Construction Monitoring 2
270 $50,501
23 $4,326
27 53
82 $8,774
24 4 120
$14,443
Labor Subtotal, Base fee $155,502
Labor Subtotal, Optional fee $94,687
Other Costs
"Other Cost" Subtotal
To . $155,502
Total Optional Fee $94,687
ACORD®
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
2/20/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
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PRODUCER
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
INSURED
Biggs Cardosa Associates, Inc.
865 The Alameda
San Jose CA 95126
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BIGGCAR-01
CONTACT
NAME: Jennifer Aguirre
PHONE
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ADDRESS: [email protected]
INSURER(S) AFFORDING COVERAGE
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INSURER B : Sentinel Insurance Company
INSURER C : Hartford Accident and Indemnity Company
INSURERD: HARTFORD INSURANCE COMPANY
INSURER E :
I INSURER F :
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37885
11000
22357
38288
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X Contractual Liab
Included
X
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY X PRO-
JECT X LOC
OTHER:
C AUTOMOBILE LIABILITY
B
D
X ANY AUTO
X
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
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EXCESS LIAB
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SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
X
OCCUR
CLAIMS -MADE
DED X RETENT ON $ i n nnn
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
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DPR5024553
9/1/2023 9/1/2024
9/1/2023 9/1/2024
9/1/2023 9/1/2024
9/1/2023 9/1/2024
3/1/2024 3/1/2025
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Per accident)
$ 1,000,000
$ 1,000,000
$ 10,000
$ 1,000,000
$ 2,000,000
$ 2,000,000
$ 1,000,000
EACH OCCURRENCE $ 9,000,000
AGGREGATE $ 9,000,000
X PER OTH-
STATUTE ER
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
Per Claim $5,000,000
Aggregate Limit $9,000,000
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Re: Federal Project #BRL-5269(025), Bridge No. #55C-0192, The Golden Avenue Bridge Replacement Project at Carbon Canyon Channel - The City of Placentia, its elected and appointed officers, officials, employees and agents are named as additional insureds as respects general and auto liability for claims arising from theoperations of the named insured. General Liability insurance is Primary/Non-Contributory per policy form wording. Waiver of Subrogation applies to General Liability and Workers' Compensation policy. CANCELLATION: 30 day notice will be sent to the certificate holder.
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401 East Chapman Avenue
Placentia CA 92870
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57UEGBD0434
COMMERCIAL AUTOMOBILE
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Paragraph .1. - WHO IS AN INSURED - of
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The Named Insured shown in the Declarations
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(b) Subsequent to the execution of such
written contract, and
Form HA 99 16 12 21 Page 1 of 5
© 2021, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.)
(c) Prior to the expiration of the period of
time that the written contract requires
such insurance be provided to the
additional insured.
(2) How Limits Apply
If you have agreed in a written contract or
written agreement that another person or
organization be added as an additional
insured on your policy, the most we will
pay on behalf of such additional insured is
the lesser of:
(a) The limits of insurance specified in the
written contract or written agreement;
or
(3)
(b) The Limits of Insurance shown in the
Declarations.
Such amount shall be a part of and not in
addition to Limits of Insurance shown in
the Declarations and described in this
Section.
Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.
However, this provision does not apply to
the extent that you have agreed in a
written contract or written agreement that
this insurance is primary and
non-contributory with the additional
insured's own insurance.
(4) Duties in The Event Of Accident, Claim,
Suit or Loss
If you have agreed in a written contract or
written agreement that another person or
organization be added as an additional
insured on your policy, the additional
insured shall be required to comply with
the provisions in LOSS CONDITIONS 2. -
DUTIES IN THE EVENT OF ACCIDENT,
CLAIM , SUIT OR LOSS — OF SECTION
IV — BUSINESS AUTO CONDITIONS, in
the same manner as the Named Insured.
2. Primary and Non -Contributory if Required
by Contract
Only with respect to insurance provided to an
additional insured in A.1.g. - Additional
Insured If Required by Contract, the following
provisions apply:
(1) Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be primary.
If other insurance is also primary, we will
share with all that other insurance by the
method described in Other Insurance 5.d.
(2) Primary And Non -Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract or
written agreement that this insurance is
primary and non-contributory with the
additional insured's own insurance, this
insurance is primary and we will not seek
contribution from that other insurance.
Paragraphs (1) and (2) do not apply to other
insurance to which the additional insured has
been added as an additional insured.
When this insurance is excess, we will have
no duty to defend the insured against any
"suit" if any other insurer has a duty to defend
the insured against that "suit". If no other
insurer defends, we will undertake to do so,
but we will be entitled to the insured's rights
against all those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-insured
amounts under all that other insurance.
We will share the remaining loss, if any, by
the method described in SECTION IV -
Business Auto Conditions, B. General
Conditions, Other Insurance 5.d.
3. AUTOS RENTED BY EMPLOYEES
Any "auto" hired or rented by your "employee" on
your behalf and at your direction will be
considered an "auto" you hire.
The SECTION IV- Business Auto Conditions, B.
General Conditions, 5. OTHER INSURANCE
Condition is amended by adding the following:
e. If an "employee's" personal insurance also
applies on an excess basis to a covered
"auto" hired or rented by your "employee" on
your behalf and at your direction, this
insurance will be primary to the "employee's"
personal insurance.
4. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in -force covering all of your
"employees".
Coverage is excess over any other collectible
insurance.
5. HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any "auto"
you own, then the Physical Damage Coverages
provided are extended to "autos" you hire or
borrow, subject to the following limit.
The most we will pay for "loss" to any hired "auto"
is:
(1) $100,000;
(2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
(3) The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned "auto" for that coverage.
No deductible applies to "loss" caused by fire or
lightning. Hired Auto Physical Damage coverage
is excess over any other collectible insurance.
Subject to the above limit, deductible and excess
provisions, we will provide coverage equal to the
broadest coverage applicable to any covered
"auto" you own.
We will also cover loss of use of the hired "auto" if
it results from an "accident", you are legally liable
and the lessor incurs an actual financial loss,
subject to a maximum of $1000 per "accident".
This extension of coverage does not apply to any
"auto" you hire or borrow from any of your
"employees", partners (if you are a partnership),
members (if you are a limited liability company),
or members of their households.
6. PHYSICAL DAMAGE - ADDITIONAL
TEMPORARY TRANSPORTATION EXPENSE
COVERAGE
Paragraph A.4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.
7. LOAN/LEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, in the event of a total "loss" to a
covered "auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of the loan/lease.
"Outstanding balance" means the amount you
owe on the loan/lease at the time of "loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges resulting
from overdue payments; additional mileage
charges; excess wear and tear charges; lease
termination fees; security deposits not returned by
the lessor; costs for extended warranties, credit
life Insurance, health, accident or disability
insurance purchased with the loan or lease; and
carry-over balances from previous loans or
leases.
8. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:
The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.
9. ELECTRONIC EQUIPMENT - BROADENED
COVERAGE
a. The exceptions to Paragraphs B.4 -
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:
Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely by
use of the power from the "auto's" electrical
system that, at the time of "loss", is:
(1) Permanently installed in or upon the
covered "auto";
(2) Removable from a housing unit which is
permanently installed in or upon the
covered "auto";
An integral part of the same unit housing
any electronic equipment described in
Paragraphs (1) and (2) above; or
(4) Necessary for the normal operation of the
covered "auto" or the monitoring of the
covered "auto's" operating system.
b. Section III, Physical Damage Coverage, Limit
of Insurance, Paragraph C.2. is amended to
add the following:
$1,500 is the most we will pay for "loss" in
any one "accident" to all electronic equipment
(other than equipment designed solely for the
reproduction of sound, and accessories used
with such equipment) that reproduces,
receives or transmits audio, visual or data
signals which, at the time of "loss", is:
(3)
Form HA 99 16 12 21 Page 3 of 5
(1) Permanently installed in or upon the
covered "auto" in a housing, opening or
other location that is not normally used by
the "auto" manufacturer for the installation
of such equipment;
(2) Removable from a permanently installed
housing unit as described in Paragraph
2.a. above or is an integral part of that
equipment; or
(3) An integral part of such equipment.
c. For each covered "auto", should loss be
limited to electronic equipment only, our
obligation to pay for, repair, return or replace
damaged or stolen electronic equipment will
be reduced by the applicable deductible
shown in the Declarations, or $250, whichever
deductible is less.
10. EXTRA EXPENSE - BROADENED COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
"auto" to you.
11. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of
SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:
No deductible applies to glass damage if the glass
is repaired rather than replaced.
12. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of
SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:
If another Hartford Financial Services Group, Inc.
company policy or coverage form that is not an
automobile policy or coverage form applies to the
same "accident", the following applies:
(1) If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it will be reduced by the
amount of the smaller (or smallest)
deductible.
13. AMENDED DUTIES IN THE EVENT OF
ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a. -
DUTIES IN THE EVENT OF ACCIDENT, CLAIM,
SUIT OR LOSS - of SECTION IV - BUSINESS
AUTO CONDITIONS that you must notify us of an
"accident" applies only when the "accident" is
known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance manager, if
you are a corporation.
14. UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage Form
because of such failure.
15. HIRED AUTO - COVERAGE TERRITORY
SECTION IV, BUSINESS AUTO CONDITIONS,
PARAGRAPH B. GENERAL CONDITIONS, 7. -
POLICY PERIOD, COVERAGE TERRITORY - is
added to include the following:
(6) For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's" responsibility to pay damages for
"bodily injury" or "property damage" is
determined in a "suit," the "suit" is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.
16. WAIVER OF SUBROGATION
Paragraph 5. TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US - of
SECTION IV - BUSINESS AUTO CONDITIONS
A. Loss Conditions is amended by adding the
following:
We waive any right of recovery we may have
against any person or organization with whom you
have a written contract that requires such waiver
because of payments we make for damages
under this Coverage Form.
17. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION V -
DEFINITIONS, C. is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.
18. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies except
as follows:
If we cancel for any reason other than
nonpayment of premium, we will mail or deliver to
the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.
19. HYBRID, ELECTRIC, OR NATURAL GAS
VEHICLE PAYMENT COVERAGE
In the event of a total loss to a "non -hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical Damage
Coverages are amended as follows:
a. If the auto is replaced with a "hybrid" auto or
an auto powered solely by electricity or
natural gas, we will pay an additional 10%, to
a maximum of $2,500, of the "non -hybrid"
auto's actual cash value or replacement cost,
whichever is less,
b. The auto must be replaced and a copy of a
bill of sale or new lease agreement received
by us within 60 calendar days of the date of
"loss,"
c. Regardless of the number of autos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"loss" is $10,000.
For the purposes of the coverage provision,
a. A "non -hybrid" auto is defined as an auto that
uses only an internal combustion engine to
move the auto but does not include autos
powered solely by electricity or natural gas.
b. A "hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.
20. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:
In addition to the actual cash value of the "auto",
we will pay up to $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss" is $5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.
Form HA 99 16 12 21 Page 5 of 5
Policy # 57SBWB06247
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED PROVISIONS - CALIFORNIA
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
A. It is agreed that paragraph (2) of subsections 6.d.
and 6.f. of Section C. - WHO IS AN INSURED is
replaced by the following:
(2) The insurance afforded by paragraph (1) above
does not apply if your acts or omissions, or the
acts or omissions of those acting on your behalf,
that are alleged to have caused the "bodily
injury", "property damage" or "personal and
advertising injury', involve professional
architectural, engineering or surveying services,
including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing
any of the services included in a., b. or c.
above.
The insurance afforded to such additional
insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. It is agreed that the following paragraphs are added to the end of subsections 1. and 8. of Section F -
OPTIONAL ADDITIONAL INSURED
COVERAGES; and it is agreed the following
paragraphs replace section b. of subsection 9. of
Section F. - OPTIONAL ADDITIONAL INSURED
COVERAGES. These paragraphs do not attach or
amend the language of any of the other subsections
of Section F - OPTIONAL ADDITIONAL INSURED
COVERAGES:
The insurance afforded by this subsection does not
apply if your acts or omissions, or the acts or
omissions of those acting on your behalf, that are
alleged to have caused the "bodily injury', "property
damage" or "personal and advertising injury',
involve professional architectural, engineering or
surveying services, including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing any
of the services included in a., b. or c. above.
The insurance afforded to such additional insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
Form SS 51 14 04 17 Page 1 of 1
© 2017, The Hartford
Policy # 57SBWB06247 BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b. Coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co -"employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.
However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co -"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
Form SS 00 08 04 05 Page 11 of 24
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.
A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.
However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. — Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products -completed operations hazard".
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:
This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
Policy # 57SBWB06247
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(g)
(i)
The exceptions contained in
Subparagraphs (d) or (f); or
(ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury", "property damage" or
"personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.
Policy # 57SBWB06247
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
"occurrence" which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
(1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) Any "occurrence" which takes
place after you cease to lease that
land or be a tenant in that
premises; or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but
only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole
or in part, by your acts or omissions or
the acts or omissions of those acting on
your behalf:
(a) In connection with your premises;
or
(b) In the performance of your
ongoing operations performed by
you or on your behalf.
(2) With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies:
This insurance does not apply to
"bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you, including:
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory,
architectural
activities.
inspection,
or engineering
BUSINESS LIABILITY COVERAGE FORM
e. Permits Issued By State Or Political
Subdivisions
(1) Any state or political subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) "Bodily injury", "property damage"
or "personal and advertising
injury" arising out of operations
performed for the state or
municipality; or
(b) "Bodily injury" or "property damage"
included within the "products -
completed operations hazard".
f. Any Other Party
(1) Any other person or organization who
is not an insured under Paragraphs a.
through e. above, but only with
respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or
in part, by your acts or omissions or
the acts or omissions of those acting
on your behalf:
(a) In the performance of your
ongoing operations;
(b) In connection with your premises
owned by or rented to you; or
(c) In connection with "your work" and
included within the "products -
completed operations hazard", but
only if
(i)
The written contract or written
agreement requires you to
provide such coverage to
such additional insured; and
(ii) This Coverage Part provides
coverage for "bodily injury" or
"property damage" included
within the "products -
completed operations hazard".
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
"Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of, or the
failure to render, any professional
architectural, engineering or surveying
services, including:
Form SS 00 08 04 05 Page 13 of 24
BUSINESS LIABILITY COVERAGE FORM Policy # 57SBWB06247
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.
The limits of insurance that apply to additional
insureds are described in Section D. — Limits
Of Insurance.
How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E. — Liability And Medical Expenses
General Conditions.
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury" and
"property damage" included in the
"products -completed operations hazard" is
the Products -Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other "bodily
injury", "property damage" or "personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.
This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
"Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.
This General Aggregate limit does not
apply to "property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.
3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
"property damage" and medical expenses
arising out of any one "occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.
The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.
4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
"personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.
5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.
In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.
6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of Insurance shown in the
Declarations.
Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.
Policy # 57SBWB06247
If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or "suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
E. LIABILITY AND MEDICAL EXPENSES
GENERAL CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.
2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an "occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
(1) How, when and where the "occurrence"
or offense took place;
(2) The names and addresses of any
injured persons and witnesses; and
(3) The nature and location of any injury
or damage arising out of the
"occurrence" or offense.
b. Notice Of Claim
If a claim is made or "suit" is brought
against any insured, you or any additional
insured must:
(1) Immediately record the specifics of the
claim or "suit" and the date received;
and
(2) Notify us as soon as practicable.
You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
BUSINESS LIABILITY COVERAGE FORM
(1) Immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
(2) Authorize us to obtain records and
other information;
(3) Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The Insured's Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insured's Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.
However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
"occurrence", offense, claim or "suit" is
known to:
(1) You or any additional insured that is
an individual;
(2) Any partner, if you or an additional
insured is a partnership;
Any manager, if you or an additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or an additional
insured is a corporation;
Any trustee, if you or an additional
insured is a trust; or
(6) Any elected or appointed official, if you
or an additional insured is a political
subdivision or public entity.
(3)
(5)
Form SS 00 08 04 05 Page 15 of 24
BUSINESS LIABILITY COVERAGE FORM Policy #57sBwa06247
This Paragraph f. applies separately to
you and any additional insured.
3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for "bodily injury"
liability and "property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to "mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.
4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its terms have been fully complied
with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.
5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
a claim is made or "suit" is brought.
6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations
are accurate and complete;
(2) Those statements are based upon
representations you made to us; and
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.
7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g. of
Section A. — Coverages.
Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A. —
Coverages.
(3)
(5)
Policy # 57SBWB06247
(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
When You Add Others As An
Additional Insured To This
Insurance
) (7)
That is other insurance available to an
additional insured.
However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.
BUSINESS LIABILITY COVERAGE FORM
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-
insured amounts under all that other
insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
) b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 57WEGAT6XHA Endorsement Number:
Effective Date:09/01/2023 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: Biggs Cardosa Associates, Inc. 865 The Alameda
San Jose, CA 95126
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 2 % of the California workers' compensation premium otherwise due on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us
Countersigned by
Form WC 04 03 06 (1) Printed in U.S.A.
�. ate...._
Authorized Representative
Policy Expiration Date: 09/01/2024