AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND LISA PADILLA DBA CITYWORKS DESIGN
THIS AGREEMENT FOR CONSULTING SERVICES ( this " Agreement") is made between the City of Redondo Beach. a Chartered Municipal Corporation (" City") and Lisa Padilla, an individual, dba Cityworks Design (" Consultant" or" Contractor").
The parties hereby agree as follows:
1. Description of Project or Scope of Services. The project description or scope of services to be provided by Consultant, and any corresponding responsibilities of City, or services required to be performed by City are set forth in Exhibit "A."
2. Term and Time of Completion. Consultant shah commence and complete the project or services described in Exhibit "A" in accordance with the schedule set forth in Exhibit "B".
3. Compensation. City agrees to pay Consultant for work performed in accordance with Exhibit " C".
GENERAL PROVISIONS
1. Independent Contractor. Consultant acknowledges, represents and warrants that Consultant is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Consultant shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Consultant' s sole responsibility.
2. Brokers. Consultant acknowledges, represents and warrants that Consultant has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shah upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, Consultant shall prepare check prints upon request. Said plans, drawings, reports, calculations, data, specifications. videos, graphics or other materials, shall be specific for the project herein and shall not be used by the City for any other project without Consultant's consent. Notwithstanding the foregoing, Consultant shall not be obligated to assign any proprietary software or data developed by or at the direction of Consultant for Consultant's own use; provided, however, that Consultant shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.
4. Inspection. If the services set forth in Exhibit "A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.
Inspections by the City shall not relieve or minimize the responsibility of Consultant to conduct any inspections Consultant has agreed to perform pursuant to the terms of this Agreement. Consultant shall be solely liable for said inspections performed by Consultant. Consultant shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Consultant hereunder.
5. Services. The project or services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit "A" are itemized by price in Exhibit" C", the City in its sole discretion may, upon notice to Consultant, delete certain items or services set forth in Exhibit "A", in which case there shall be a corresponding reduction in the amount of compensation paid to Consultant. City shall furnish Consultant to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Consultant' s services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Consultant.
6. Records. Consultant, including any of its subcontractors shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit "A". Consultant, including any of its subcontractors shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four 4) years after Consultant's completion of performance of this Agreement.
Copies of all pertinent reports and correspondence shall be furnished to the City for its files.
7. Changes and Extra Work. All changes and/ or extra work under this Agreement shall be provided for by a subsequent written amendment executed by City and Consultant.
2 8. Additional Assistance. If this Agreement requires Consultant to prepare plans and specifications. Consultant shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Consultant shall issue any necessary addenda to the plans and specifications as requested. In the event Consultant is of the opinion that City' s requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Consultant acknowledges, represents and warrants that Consultant is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement.
Consultant shall perform in accordance with generally accepted professional practices and standards of Consultant's profession.
10. Business License. Consultant shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.
11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the project or services hereunder, immediately upon written notice to Consultant. In the event of any such termination, Consultant shall be compensated for: ( 1) all authorized work satisfactorily performed prior to the effective date of termination; and ( 2) necessary materials or services of others ordered by Consultant for this Agreement, prior to Consultant' s receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Consultant is not able to cancel such orders. Compensation for Consultant in such event shall be determined by the City in accordance with the percentage of the project or services completed by Consultant; and all of Consultants finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.
12. Termination in the Event of Default. Should Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination. Consultant shall be compensated as provided immediately above, provided however. there shall be deducted from such amount the amount of damages if any. sustained by the City by virtue of Consultant' s breach of this Agreement.
13. Conflict of Interest. Consultant acknowledges, represents and warrants that Consultant shall avoid all conflicts of interest ( as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Consultant further acknowledges, represents and warrants that Consultant has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Consultant acknowledges that in the event that Consultant shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one ( 1) year.
14. Indemnity. To the maximum extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents ( collectively " Indemnitees") from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of Consultant' s performance or work hereunder ( including any of its officers, agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. Consultant' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Consultant because the acceptance by City, or the deposit with City. of any insurance policy or certificate required pursuant to this Agreement.
b. Waiver of Right of Subrogation. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
4 15 Insurance. Consultant shall comply with the requirements set forth in Exhibit " D." Insurance requirements that are waived by the City' s Risk Manager do not require amendments or revisions to this Agreement.
16 Non- Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
17. Compliance with Laws. Consultant shall comply with all federal, state and local laws. statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement. including without limitation all environmental laws, employment laws, and nondiscrimination laws.
18. Limitations upon Subcontracting and Assignment. Consultant acknowledges that the services which Consultant shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Consultant shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City' s sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Consultant, Consultant shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Consultant and subcontractor. Any attempt by Consultant to assign any or all of its rights under this Agreementwithout first obtaining the City' s prior written consent shall constitute a material default under this Agreement.
The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty-five percent ( 25%) or more of the ownership interest in Consultant or twenty-five percent (25%) or more the voting control of Consultant (whether Consultant is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.
Further, the involvement of Consultant or its assets in any transaction or series of transactions ( by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Consultant' s assets occurs, which reduces Consultant' s assets or net worth by twenty-five percent (25%) or more shall also constitute an assignment for purposes of this Agreement.
19. Subcontractors. Consultant shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Consultant shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City' s sole and absolute discretion.
20. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents 5 exchanged between Consultant and City may be used to assist in the interpretation of the exhibits to this Agreement.
21. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
22. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Consultant.
23. Non- Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Consultant hereunder shall be non- exclusive, and City reserves the right to employ other contractors in connection with the project.
24. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference: provided, however, that any language in Exhibit "A' which does not pertain to the project description, proposal, or scope of services ( as applicable) to be provided by Consultant, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
25. Time of Essence. Time is of the essence of this Agreement.
26. Confidentiality. To the extent permissible under law, Consultant shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
27. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered ' third parties." 28 Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
29. Attorneys' Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees (including expert witness fees) and costs.
This provision shall survive the termination of this Agreement.
30. Claims. Any claim by Consultant against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City 6 shall be waived if not made within six ( 6) months after accrual of the cause of action.
31 Interpretation. Consultant acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.
32. Warranty. In the event that any product shall be provided to the City as part of this Agreement. Consultant warrants as follows: Consultant possesses good title to the product and the right to transfer the product to City, the product shah be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shad be free from material defects in materials and workmanship under normal use for a period of one ( 1) year from the date of delivery; and the product shall be fit for its intended purpose( s). Notwithstanding the foregoing, consumable and maintenance items such as light bulbs and batteries) shall be warranted for a period of thirty ( 30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Consultant, at Consultants expense, including shipping.
Consultant shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit " C" hereto.
33. Severance. Any provision of this Agreement that is found invalid or unenforceable shah be deemed severed, and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.
34. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Consultant warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Consultant, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Consultant.
35. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
SIGNATURES FOLLOW ON NEXT PAGE
7 IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 8th day of June, 2021.
CITY OF REDONDO BEACH LISA PADILLA DBA CITYWORKS DESIGN By:
William C. Brand, Mayor Name: Lr i. r /-' l/7/T
41 r,22,-„P,a/
ATTEST: APPROV' .
e 0i
Eleanor Manzano, City k Dian ' ckfaden, Risk Manager
APPROVED AS TO FORM:
S
i74tZGf '' • Ca
Michael W. Webb, City Attorney
8 EXHIBIT " A"
PROJECT DESCRIPTION AND/OR SCOPE OF SERVICES
PROJECT DESCRIPTION
The City plans to update the existing residential design guidelines, also including accessory dwelling units (ADUs). The current guidelines were adopted by the City of Redondo Beach on October 7, 2003. The design guidelines are intended to inform the public about development opportunities within the residential zones, including both single and multi-family structures. The update shall also include the R- 1A residential zone, which was not included in the original document. With the addition of ADUs and the R- 1A Zone to the guidelines, the document will span the breadth of residential infill opportunities available within the City.
With this update, owners in all residential zones will have a better understanding regarding the development potential of their properties. The guidelines shall also include design examples for ADU configurations and an explanation of how to comply with streamlined standards or non- streamline standards, subject to the existing conditions of the lot. As a part of this exercise, new handout sheets shall be created for easy application of the standards. By better informing the public, ADU applicants shall have the tools to submit a successful application, thus reducing administrative review time.
The scope of services shall also include facilitating a set of meetings with community members, the Planning Commission, and other stakeholder or interest groups.
SCOPE OF SERVICES
Task 0: Project Management.
Invoicing, progress reports, contract management over a 12- month period.
Task 1: Background and Existing Conditions.
Kickoff meeting with City staff to confirm project goals, review relevant plans/standards, policy framework, neighborhood context, and potential prototypes. This task includes meeting prep/ follow up and field visit.
Task 2: Public Engagement
2. 1 Staff Meetings - Attend six ( 6) outreach coordination meetings with staff.
2. 2 Content Development — Prepare draft and final content/powerpoint slides for six ( 6) " Engagement Events".
2. 3 Engagement Events — Participate in two ( 2) Developer Roundtables. two ( 2) Public Meetings, and two ( 2) Planning Commission meetings. o Round 1 of Meetings: Introduction, goals, gather input to initial approach/ changes.
o Round 2 of Meetings: Present draft document for input before finalization. 9 Task 3: Develop Objective Design Guidelines
3. 1 Workshop with staff to identify what will be kept refined, or replaced in the current Residential Design Guidelines. Up to sixteen ( 16) meetings to review progress of Objective Design Guidelines.
3. 2 Develop draft text sections. Submit to staff for two ( 2) rounds of review/comment: draft and draft final for presentation in Round 2 of meetings.
Integrate images noted below underillustrations"
3. 3 Illustrations — Develop 3D prototype sketches. cross- sections or collect and prepare photo examples to illustrate Objective Design Guidelines.
3. 4 Adoption — Support to staff with adoption.
3. 5 Package Document — Final Objective Design Guidelines. 10 EXHIBIT " B"
TERM
This Agreement shall commence on June 8, 2021 and shall continue until June 30, 2022, unless otherwise terminated as herein provided.
EXHIBIT " C"
COMPENSATION
Provided Consultant is not in default under this Agreement. Consultant shall be compensated as provided below.
1. AMOUNT. The total cost for the contract is $ 139,955. The amount includes the complete scope of work described in Exhibit A. A fee matrix is outlined below. 12 F) 0. W 4s,
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TOTAL FEE $ 139,955. 00
2. METHOD OF PAYMENT. Consultant shall provide monthly invoices to City for approval and payment. Invoices must be adequately detailed, based on accurate records. and in a form reasonably satisfactory to City. Consultant may be required to provide back- up material upon request.
3. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty (30) days of receipt of monthly invoices; provided, however, that payments by City shall not exceed $ 139, 955 and services are performed to the full satisfaction of the City. Consultant acknowledges that the payment of services is subject to a separate reimbursement agreement with a third party and that payment may be delayed due to delay in the City' s receipt of reimbursement monies.
4. NOTICE Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Consultant
Lisa Padilla dba Cityworks Design
2275 Huntington Drive, Suite 343
San Marino, CA 91108
Attn: Lisa Padilla
City
City of Redondo Beach
Planning Division
415 Diamond Street
Redondo Beach, CA 90277
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party. 14 EXHIBIT " D"
INSURANCE REQUIREMENTS FOR CONSULTANTS
Without limiting Consultants indemnification obligations under this Agreement.
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001).
Insurance Services Office form number CA 0001 ( Ed. 1/ 87) covering Automobile Liability, code 1 ( any auto).
Workers' Compensation insurance as required by the State of California.
Employer' s Liability Insurance.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability. $1, 000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.
Automobile Liability: $ 1, 000, 000 per accident for bodily injury and property damage.
Employer' s Liability: $ 1, 000, 000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by the City. At the option of the City, either. ( 1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or ( 2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
15 Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain. the following provisions.
Additional Insured Endorsement:
General Liability: The City. its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Consultant. General liability coverage can be provided in the form of an endorsement to the Consultant' s insurance, or as a separate owner' s policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant.
For any claims related to this project, the Consultant' s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant' s insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty ( 30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.
The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Consultant' s part.
Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Bests rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
16 Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City' s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
Subcontractors
Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Consultant acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
17 A`ORo® CERTIFICATE OF LIABILITY INSURANCE CATEIMMVD CY^ 5/ 10/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER Risk Strategies Company CONTACT P Y NAME Risk Skatag40 Company 2040 Main Street, Suite 450 PHONE P Irvine, CA 92614
E- MAIL>
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ADERES9: _- syounO(olrisk-strategies.com.
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INSURER( S) AFFORDING COVERAGE NAM if wwwrisk-strategescom CA DOILcense No. 0E06675 INSURER Sentinel Insurance Compaay Ltd _ 11000 INSURED Lisa Padilla, tlba: CItyN/Orks Design
INSURER Liberty Insurance U
Insurance
il Inc 19917
2275 Huntington Dr., Ste# 343 INSURER C: Chubb Nato al InsuranceCompany 10052 San Marino CA 91108 INSURER°.
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER: 61605705 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INBR ADDL SU90.
LTR TYPE OF INSURANCE INSDMOI POLICY NUMBER MMlDOLICDMryYI tMMJEFDDIynYYYyl LIMITS A j
COMMERCIAL GENERAL LIABILITY : 72SBABB5126 8/ 31/ 2020 8/ 31/ 2021 ' EACH OCCURRENCE J$$ 2,000 00O• CLAIMS-MADE • OCCUR IA MSESGE
une^;$$ 1 000,000 -
MED DP( Any me person) S$ 10, 000
PERSONAL& ADV INJURY ' s$ 2,000,000 _
GENL AGGREGATE LIMIT APPLIES PER'.
GENERAL AGGREGATE $$ 4, 000000
POLICY PE LOC
PRODUCTS- COMP/OP Acle $$ q, 000, o0O
OTHER:
A AUTOMOBILE LIABILITY 72SBABB5126
ANY AUTO 8/ 31/ 2020 8/ 31/ 2021I fEOMaerrBNEOaeSINGLE LIMIT 2,000,000 OWNEDm I BODILY INJURY( Per penin) : r. SCHEDULED I HIRED ONLY _
NON- O
AUTOS BODILY INJURY Her accident): $ i — NON OWNED
AUTOS ONLY ,, I
AUTOS ONLY PROPERTY DAMAGE
Per awW j
UMBRELIALIAB I OCCUR
EXCESS LMB
OCCURRENCE
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IOLAIMSMFDE
AGGREGATE
DED RETENTION§
C WORMERS COMPENSATION 2271785177 1/ 11/ 2021 1/ 11/ 2022 / I STATUTE j 0TH AND EMPLOYERS' UABILITY YIN E
ANWROPRIETORNARTNERIEXECUTIVE
OFHCERJMEMBERExcwosov N ( NIA, EL EACH ACCIDENT 31, 000, 000 Mardalory In NH) I
yy deae, me under1EL DISEASE- EA EMPLOYEE $, gg0000
DESCRIPTION OF OPERATIONS below I
B Professional EL. DISEASE- POLICY LIMIT I$ 1, 000,000 Liability AEXNYABNA6M002 6/ 1/ 2020 6/1/ 2022 Per Claim:$ 2, 000,000 Aggregate:$ 2, 000. 000
DESCRIPTOR OF OPERATION ( LOCATIONS Sdl I VEHICLES( ACORD 101, Additional Remarks Schedule, may be attached a more space is required, Projects as on file with the insured including but not limited to Objective Resididential Design Guidelines.
The City of Redondo Beach. its officers, elected and appointed officials, employees, and volunteers are named as additional insureds and primary/ non-contributory clause applies to the general liability policy, including the non- owned and hired auto liability- see attached endorsements.
CERTIFICATE HOLDER CANCELLATION
City of Redondo Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE DevelopmentBeach ment De artment THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 415 Diamond St., Door 2
P ACCORDANCE WITH THE POLICY PROVISIONS.
Redondo Beach CA 90277
AUTHORIZED REPRESENTATIVE
Michael Christian
1988- 2015 ACORD CORPORATION. All rights reserved.
ACORD 25( 2016/03) The ACORD name and logo are registered marks ofACORD 72SBABB5126
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for" bodily injury": are also insureds, but only with respect to a. Any Insured their duties as trustees.
To any insured, except" volunteer workers". 2. Each of the following is also an insured:
b. Hired Person a. Employees And Volunteer Workers
To a person hired to do work for or on behalf Your " volunteer workers" only while of any insured or a tenant of any insured. performing duties related to the conduct of c. Injury On Normally Occupied Premises your business, or your "employees", other than either your" executive officers" ( if you
To a person injured on that part of
are an organization other than a
premises you own or rent that the person partnership, joint venture or limited liability normally occupies. company) or your managers ( if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by
To a person, whether or not an you or while performing duties related to employee" of any insured, if benefits for the conduct of your business. the " bodily injury" are payable or must be However, none of these " employees" or provided under a workers' compensation volunteer workers" are insureds for:
or disability benefits law or a similar law. 1) " Bodily injury" or " personal and e. Athletics Activities advertising injury":
To a person injured while practicing, a) To you, to your partners or instructing or participating in any physical members ( if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. if you are a limited liability
f. Products-Completed Operations Hazard company), or to a co-" employee" while in the course of his or her
Included with the " products- completed
employment or performing duties operations hazard".
related to the conduct of your
g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage. volunteer workers" while C. WHO IS AN INSURED performing duties related to the
conduct of your business;
1. If you are designated in the Declarations as: b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that coinsureds, but only with respect to the employee" or that " volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph ( 1)( a) above;
b. A partnership or joint venture, you are an c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds, but only with someone else who must pay respect to the conduct of your business. damages because of the injury C. A limited liabilitydescribed in Paragraphs ( 1 a or company, p you are an b) above; or insured. Your members are also insureds,
but only with respect to the conduct of your d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of
d. An organization other than a parhership, providing professional health care joint venture or limited liability company, you services, Paragraph ( d) does not apply are an insured. Your" executive officers" and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors, you to provide such services.
Your stockholders are also insureds, but only 2) " Property damage" to property:
with respect to their liability as stockholders.
a) Owned, occupied or used by,
BUSINESS LIABILITY COVERAGE FORM
b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to:
control is being exercised for any 1) " Bodily injury" or " property damage' purpose by you, any of your that occurred; or
employees", " volunteer workers",
any partner or member ( if you are 2) " Personal and advertising injury" • a partnership or joint venture), or arising out of an offense committed any member ( if you are a limited before you acquired or formed the liability company). organization.
b. Real Estate Manager 4. Operator Of Mobile Equipment
Any person( other than your" employee" or Wth respect to " mobile equipment' registered in volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization
Any person or organization having proper
responsible for the conduct of such person is
temporary custody of your property if you
also an insured, but only with respect to liability
die, but only:
ansing out of the operation of the equipment, and
only if no other insurance of any kind is available
1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured 2) Until your legal representative has with respect to:
been appointed. a. " Bodily injury" to a co-" employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. " Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any
organization responsible for the conduct of
subsidiary not shown in the Declarations such person is also an insured, but only with as a named insured does not apply to respect to liability arising out of the operation injury or damage with respect to which an
of the watercraft, and only if no other
insured under this insurance is also an
insurance of any kind is available to that
insured under another policy or would be person or organization for this liability. an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to:
limits of insurance. a. " Bodily injury" to a co-" employee" of the
3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. " Property damage" to property owned by, other than a
partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit
a. Coverage under this provision is afforded The person( s) or organization( s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and
Form SS 00 08 04 05 Page 11 of 24
I ? 2 GL """ : 0- 22 PL Shprry oa. . 2C b, Ir" i ,, e , ,,
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products;
insured under this provision only for that f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed
However, no such person or organization is an
at the vendor's premises in
connection with the sale of the
additional insured under this provision if such
product;
person or organization is included as an
additional insured by an endorsement issued 9) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.— Optional Additional Insured Coverages. the vendor; or a. Vendors h) " Bodily injury" or " property
Any person(s) or organization(s) ( referred to damage" arising out of the sole below as vendor), but only with respect to
negligence of the vendor for its
bodily injury" or " property damage" arising
own acts or omissions or those of
out of "your products" which are distibuted
its employees or anyone else
or sold in the regular course of the vendor's
exon its behalf. However, this
business and only if this Coverage Part exclusion doeess nottapply to:
provides coverage for " bodily injury" or
i) The exceptions contained in
property damage" included within the Subparagraphs( d) or( f); or products-completed operations hazard". ii) Such inspections, adjustments, 1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual
course of business, in
This insurance does not apply to:
connection with the distribution
a) " Bodily injury" or " property or sale of the products. damage" for which the vendor is
2) This insurance does not apply to any
obligated to pay damages by
reason of the assumption of
insured person or organization from
whom you have acquired such products,
liability in a contract or agreement.
or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products.
vendor would have in the absence
of the contract or agreement; b. Lessors Of Equipment
b) Any express warranty 1) Any person or organization from unauthorized by you; whom you lease equipment; but only c) Any physical or chemical change
with respect to their liability for" bodily
injury", " property damage" or
in the product made intentionally personal and advertising injury" by the vendor; caused, in whole or in part, by your
d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
5 2,-,. ADO " I ,_,"_ " 5...,," D. 2, a: C-T . 3" 4 Of 13
BUSINESS LIABILITY COVERAGE FORM
2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions
insurance does not apply to any 1) Any state or political subdivision, but occurrence" which takes place after only with respect to operations you cease to lease that equipment.
performed by you or on your behalf for
c. Lessors Of Land Or Premises which the state or political subdivision 1) Any person or organization from has issued a permit. whom you lease land or premises, but 2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises a) " Bodily injury", " property damage" leased to you. or " personal and advertising
2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or
a) Any " occurrence" which takes b) " Bodily injury' or" property damage" place after you cease to lease that included within the " productsland or be a tenant in that completed operations hazard". premises; or
f. Any Other Party
b) Structural alterations, new 1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for " bodily injury", organization.
property damage" or " personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or 1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for " bodily the acts or omissions of those acting injury", " property damage" or " personal on your behalf:
and advertising injury" caused, in whole a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on b) In connection with your premises your behalf:
owned by or rented to you; or
a) In connection with your premises;
or
c) In connection with "your work" and
included within the " productsb) In the performance of your completed operations hazard", but ongoing operations performed by only if
you or on your behalf. i) The written contract or written 2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to ii) This Coverage Part provides bodily injury", " property damage" or coverage for " bodily injury" or personal and advertising injury" property damage" included arising out of the rendering of or the within the " productsfailure to render any professional completed operations hazard". services by or for you, including: 2) With respect to the insurance afforded a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, Bodilyinjury",
reports, surveys, field orders,
1 ry , " property damage" or
change orders, designs or
personal and advertising injury"
arising ot e the
renderingnfe or the
drawings and specifications; or failure to render, any professional b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including:
activities.
Form SS 00 08 04 05 Page 13 of 24
c16051[ 15 ;, 1- 22 1 ( 3L-. NCI - p:. i ., M: rSrlc m? o >". m Page - _. 15
BUSINESS LIABILITY COVERAGE FORM
a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to " property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion.
b) Supervisory, inspection, 3. Each Occurrence Limit
architectural or engineering Subject to 2. a. or 2. b above, whichever activities.
applies, the most we will pay for the sum of all
The limits of insurance that apply to additional damages because of all " bodily injury", insureds are described in Section D. — Limits property damage" and medical expenses Of Insurance. arising out of any one " occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E.— Liability And Medical Expenses because of " bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2. b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations.
personal and advertising injury" sustained by
D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations.
1. The Most We Will Pay
5. Damage To Premises Rented To You Limit
The Limits of Insurance shown in the
Declarations and the rules below fix the most The Damage To Premises Rented To You we will pay regardless of the number of: Limit is the most we will pay under Business Liability Coverage for damages because of
a. Insureds;
property damage" to any one premises, while
b. Claims made or" suits" brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing" suits". temporarily occupied by you with permission of
2. Aggregate Limits the owner.
The most we will pay for: In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To
a. Damages because of " bodily injury" and You Limit applies to all damage proximately property damage" included in the caused by the same event, whether such products- completed operations hazard" is damage results from fire, lightning or explosion the Products- Completed Operations or any combination of these, Aggregate Limit shown in the Declarations. 6. How Limits Apply Pp Y To Additional Insureds b. Damages because of all other " bodily The most we will pay on behalf of a person or injury", " property damage" or " personal organization who is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of:
expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your " locations" subdivision; or owned by or rented to you. b. The Limits of Insurance shown in the Location" means premises involving the Declarations.
same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right- of-way of a the Declarations and described in this Section. railroad.
11121 KC, 2( 1-' 1 ,.,„,,. 22 ".. 5, 10; 2021 ._ 2, P_ 11, 1, 7) 5
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this 1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or" suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or" suit'; single highest limit of liability of all coverages
applicable to such claim or "suit". However, this
2) Authorize us to obtain records and
other information;
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above. 3) Cooperate with us in the investigation, settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the" suit"; and separately to each consecutive annual period and to
4) Assist us, upon our request, in the
any remaining period of less than 12 months, starting
with the enforcement of any right against any beginning of the policy period shown in the Declarations, person or organization that may be unless the policy period is extended after issuance for an liable to the insured because of injury additional period of less than 12 months. or damage to which this insurance In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes of determining the Limits of Insurance. d. Obligations At The Insured' s Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured' s own GENERAL CONDITIONS cost voluntarily make a payment, assume any obligation, or incur any expense, other
1. Bankruptcy than for first aid, without our consent.
Bankruptcy or insolvency of the insured or of e. Additional Insured' s Other Insurance the insured' s estate will not relieve us of our If we cover a claim or " suit" under this obligations under this Coverage Part. Coverage Part that may also be covered
2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or " suit" to the other insurer for defense and indemnity. You or any additional insured must see to it that we are notified as soon as However, this provision does not apply to practicable of an " occurrence" or an
the extent that you have agreed in a
offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and non- contributory with the additional 1) How, when and where the " occurrence" insured' s own insurance. or offense took place;
f. Knowledge Of An Occurrence, Offense,
2) The names and addresses of any Claim Or Suit
injured persons and witnesses; and
Paragraphs a. and b. apply to you or to 3) The nature and location of any injury any additional insured only when such or damage arising out of the
occurrence", offense, claim or " suit" is
occurrence" or offense. known to:
b. Notice Of Claim
1) You any additional insured that is
If a claim is made or " suit" is brought an individual; against any insured, you or any additional
insured must:
2) Any partner, if you or an additional
insured isis a partnership;
1) Immediately record the specifics of the 3) Any manager, if you or an additional claim or " suit" and the date received; insured is a limited liability company; and
4) Any " executive officer" or insurance 2) Notify us as soon as practicable. manager, if you or an additional
You or any additional insured must see to insured is a corporation; it that we receive a written notice of the
claim or" suit" as soon as practicable.
5) Any
insuredd is
trustee,
sa
if you or an additional
a trust; or
c. Assistance And Cooperation Of The 6) Any elected or appointed official, if you Insured or an additional insured is a political
You and any other involved insured must: subdivision or public entity.
Form SS 00080405 Page 15 of 24
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to 3) We have issued this policy in reliance you and any additional insured. upon your representations.
3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards
financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle SI hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for " bodily injury" Coverage Part, we shall not deny any liability and " property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law.
If other valid and collectible insurance is b. With respect to " mobile equipment" to available for a loss we cover under this which this insurance applies, we will
Coverage Part, our obligations are limited as
provide any liability, uninsured motorists, follows:
underinsured motorists, no-fault or other
coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also
4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c. this Coverage Form: below.
a. To join us as a party or otherwise bring us
b. Excess Insurance
into a " suit" asking for damages from an This insurance is excess over any of the insured; or other insurance, whether primary, excess,
b. To sue us on this Coverage Form unless contingent or on any other basis:
all of its terms have been fully complied 1) Your Work
with. That is Fire, Extended Coverage,
A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for" your work"; against an insured; but we will not be liable for 2) Premises Rented To You damages that are not payable under the terms of
this insurance or that are in excess of the That is fire, lightning or explosion applicable limit of insurance. An agreed
insurance for premises rented to you
settlement means a settlement and release of or temporarily occupied by you with liability signed by us, the insured and the permission of the owner; claimant or the claimant's legal representative. 3) Tenant Liability
5. Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance, cover your liability as a tenant for and any rights or duties specifically assigned property damage" to premises rented in this policy to the first Named Insured, this to you or temporarily occupied by you insurance applies:
with permission of the owner;
a. As if each Named Insured were the only
4) Aircraft, Auto Or Watercraft
Named Insured; and If the loss arises out of the maintenance b. Separately to each insured against whom
or use of aircraft, " autos" or watercraft to
a claim is made or" suit" is brought. the extent not subject to Exclusion g. of Section A.—Coverages.
6. Representations
5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of property 1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not 2) Those statements are based upon
subject to Exclusion k. of Section A. —
representations you made to us; and Coverages.
BUSINESS LIABILITY COVERAGE FORM
6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that
That is other insurance available to exceeds the sum of:
you covering liability for damages 1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been 2) The total of all deductible and selfadded as an additional insured by that insured amounts under all that other insurance; or insurance.
7) When You Add Others As An
We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance
this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the
However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part:
this method also. Under this approach,
a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurers share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers.
b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us
Required By Contract
a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or contract, written agreement or
permit that this insurance is
part of any payment,
ewe
including
SupplementaryePayments,
Part,
have made
primary and non-contributory with under this Coverage Part, those rights are the additional insured' s own transferred to us. The insured must do insurance, this insurance is
nothing after loss to impair them. At our
primary and we will not seek
request, the insured will bring " suit" or
contribution from that other
transfer those rights to us and help us insurance.
enforce them. This condition does not
Paragraphs ( a) and ( b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured.
If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any" suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that " suit". If no other
also waive that right, provided the insured
insurer defends, we will undertake to do
waived their rights of recovery against
so, but we will be entitled to the insured' s
such person or organization in a contract,
rights against all those other insurers.
agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
C. 605795 i 11- 11 _ 2.;- 21 G., uno I can_ I 5/± 0/ W IPP Page 9
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is
If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person( s) or organization( s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. ( Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person( s) or organization( s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below:
Insured — Lessor of Leased Equipment,
1. Additional Insured - Designated Person Or but only with respect to liability for " bodily Organization injury", " property damage" or " personal
WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person( s) or organization( s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person( s) or organization( s). for " bodily injury", " property damage" or b. With respect to the insurance afforded to personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any " occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment.
a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been
b. In connection with your premises owned
Leased
by or rented to you. a. WHO IS AN INSURED under Section C. is
2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person( s) or organization( s)
shown in the Declarations as an Additional
a. WHO IS AN INSURED under Section C. is Insured— Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization(s) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of
the premises leased to you and shown in the b. With respect to the insurance afforded to Declarations, these additional insureds, the following
additional exclusions apply: b. With respect to the insurance afforded to these additional insureds, the following This insurance does not apply to:
additional exclusions apply: 1) Any " occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or 1) 2) Structural alterations, new Any " occurrence" which takes place after you construction or demolition operations cease to be a tenant in that P premises; or performed by or on behalf of such
2) Structural alterations, new
person or organization.
construction or demolition operations
6. Additional Insured - State Or Political
performed by or on behalf of such Subdivision— Permits
person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
I 21- 22 1GT.- H" o. Sherryw niioar 3.. o <. Ie" iOdue .. Pf _ s
BUSINESS LIABILITY COVERAGE FORM
Insured — State Or Political Subdivision - e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, 1) " Bodily injury", " property damage" or
except such operations performed
at the vendor' s premises in
personal and advertising injury" connection with the sale of the arising out of operations performed for
product;
the state or municipality; or
2) " Bodily injury" or " property damage" g) Products which, after distribution or sale by you, have been labeled included in the " product- completed or relabeled or used as a
operations" hazard.
container, part or ingredient of any
7. Additional Insured— Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or amended to include as an additional h) " Bodily injury" or " property insured the person( s) or organization( s) damage" arising out of the sole referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to " bodily its employees or anyone else injury" or" property damage" arising out of acting on its behalf. However, this your products" which are distributed or exclusion does not apply to:
sold in the regular course of the vendor's
i) The exceptions contained in
business and only if this Coverage Part
provides coverage for " bodily injury" or
Subparagraphs( d) or( f); or
property damage" included within the ii) Such inspections, products-completed operations hazard". adjustments, tests or servicing as the vendor has agreed to b. The insurance afforded to the vendor is make or normally undertakes
subject to the following additional exclusions:
to make in the usual course of
1) This insurance does not apply to: business, in connection with a) " Bodily injury" or " property the distribution or sale of the damage" for which the vendor is products.
obligated to pay damages by 2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contractor agreement; products.
b) Any express warranty 8. Additional Insured— Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person( s) or organization( s) shown in the by the vendor; Declarations as an Additional Insured —
d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of:
demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original
container;
Form SS 00 08 04 05 Page 19 of 24
16/ 01/ 00 21- 22 1 0L- Fyc 06- 20 20 i 0herry Y0000 00: 0rz0 . 6: 32: 20 r1 iFIC, F. Jcie 11 " r IS
BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization.
How this insurance applies when other insurance
9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General
a. WHO IS AN INSURED under Section C. is Conditions.
amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization( s) DEFINITIONS shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, 1. " Advertisement" means the widespread public but only with respect to liability for " bodily dissemination of information or images that injury", " property damage" or " personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through:
in part, by your acts or omissions or the a. ( 1) Radio; acts or omissions of those acting on your 2) Television; behalf:
3) Billboard;
1) In the performance of your ongoing
operations for the additional
4) Magazine;
insured( s); or 5) Newspaper;
2) In connection with " your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the " products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for " bodily injury" or widespread public distribution. property damage" included within the However, "advertisement" does not include:
products-completed operations
a. The design, n, printed material, information hazard". 9 or images contained in, on or upon the
b. With respect to the insurance afforded to
these additional insureds, this insurance
packaging or labeling of any goods or
to " bodily
products; or
does not apply y injury", " property
b. An interactive conversation between or damage" or " personal an advertising injury" arising out of the rendering of, or
among persons through a computer network.
the failure to render, any professional 2 "Advertising idea" means any idea for an architectural, engineering or surveying advertisement". services, including: 3. " Asbestos hazard" means an exposure or 1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. " Auto" means a land motor vehicle, trailer or drawings and specifications; or semi-trailer designed for travel on public 2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But " auto" does not include
10. Additional Insured — Co-Owner Of Insured mobile equipment".
Premises 5. " Bodily injury" means physical:
WHO IS AN INSURED under Section C. is a. Injury;
amended to include as an additional insured b. Sickness; or the person( s) or Organization(s) shown in the
c. Disease Declarations as an Additional Insured — CoOwner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. " Coverage territory" means:
72SBABB5126
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
HIRED AUTO AND NON- OWNED AUTO
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
This coverage is subject to all provisions in the moved from the place where they are BUSINESS LIABILITY COVERAGE FORM not accepted by the" insured" for movement into expressly modified herein: or onto the covered "auto"; or c. After the " pollutants" or any property in
A. Amended Coverage: which the " pollutants" are contained are moved from the covered " auto" to the place Coverage is extended to " bodily injury" and where they are finally delivered, disposed of property damage" arising out of the use of a " hired or abandoned by the" insured". auto" and " non- owned auto".
B. Paragraph B. EXCLUSIONS Paragraph a. above does not apply to fuels, is amended as lubricants, fluids, exhaust gases or other follows:
1. ExclusionAircraft, Auto or Watercraft does
similar " pollutants" that are needed for or
g. result from the normal electrical, hydraulic
not apply to a " hired auto" or a " non- owned or mechanical functioning of the covered auto". auto" or its parts, if:
2. Exclusion e. Employers Liability does not 1) The " pollutants" escape, seep, migrate, apply to " bodily injury" to domestic " employees" or are discharged or released directly not entitled to workers' compensation benefits from an " auto" part designed by its or to liability assumed by the " insured" under an manufacturer to hold, store, receive, or insured contract", dispose of such " pollutants"; and
3. Exclusion f. Pollution is replaced by the 2) The " bodily injury" and " property following: damage" does not arise out of the
Bodily injury" or " property damage" arising out operation of any equipment listed in of the actual, alleged or threatened discharge, paragraphs 15. b. and 15. c. of the dispersal, seepage, migration, release or definition of" mobile equipment". escape of" pollutants": Paragraphs b. and c. above do not apply to a. That are, or that are contained in any accidents" that occur away from premises property that is. owned by or rented to an " insured" with respect to " pollutants" not in or upon a 1) Being transported or towed by, handled, covered " auto" if:
or handled for movement into, onto or
from, the covered " auto"; 1) The " pollutants" or any property in which the " pollutants" are contained are 2) Otherwise in the course of transit by or upset, overturned or damaged as a
on behalf of the " insured"; or
result of the maintenance or use of a
3) Being stored, disposed of, treated or covered " auto"; and processed in or upon the covered
auto".
b. Before the " pollutants" or any property in
which the " pollutants" are contained are
Form SS 04 30 09 09 Page 1 of 3
2009, The Hartford
Includes copyrighted material of ISO Properties, Inc., with its permission) 2) The discharge, dispersal, seepage, company) for an " auto" owned by him or her migration, release or escape of the or a member of his or her household. pollutants" is caused directly by such d. Anyone liable for the conduct of an " insured" upset, overturn or damage as a result of
described above but only to the extent of that the maintenance or use of a covered liability. auto".
D. With respect to the operation of a " hired auto" and 4. With respect to this coverage, the following non-owned auto", the following additional additional exclusions apply: conditions apply:
a. Fellow employee 1. OTHER INSURANCE
Coverage does not apply to" bodily injury" to
a. Except for any liability assumed under an
any fellow " employee" of the " insured" insured contract" the insurance provided by arising out of the operation of an " auto" this Coverage Form is excess over any owned by the " insured" in the course of the other collectible insurance. fellow" employee' s" employment. b. Care, custody or control
However, if your business is the selling,
servicing, repairing, parking or storage of
Coverage does not apply to " property autos", the insurance provided by this damage" involving property owned or endorsement is primary when covered transported by the " insured" or in the bodily injury" or " property damage" arises insured' s" care, custody or control. out of the operation of a customer' s " auto" C. With respect to " hired auto" and " non-owned auto" by you or your" employee". coverage, Paragraph C. WHO IS AN INSURED is b. When this Coverage Form and any other deleted and replaced by the following: Coverage Form or policy covers on the The following are" insureds": same basis, either excess or primary, we will pay only our share. Our share is the a. You,
proportion that the Limit of Insurance of our
b. Your " employee" while using with your Coverage Form bears to the total of the permission: limits of all the Coverage Forms and policies 1) An " auto" you hire or borrow; or covering on the same basis. 2) An " auto" you don't own, hire or borrow in 2. TWO OR MORE COVERAGE FORMS OR your business or personal affairs; or POLICIES ISSUED BY US 3) An " auto" hired or rented by your If the Coverage Form and any other Coverage employee" on your behalf and at your Form or policy issued to you by us or any direction. company affiliated with us apply to the same c. Anyone else while using a " hired auto" or " nonaccident", the aggregate maximum Limit of owned auto" with your permission except:
Insurance under all the Coverage Forms or
policies shall not exceed the highest applicable
1) The owner or anyone else from whom you Limit of Insurance under any one Coverage hire or borrow an "auto". Form or policy. This condition does not apply to 2) Someone using an auto while he or she is any Coverage Form or policy issued by us or an working in a business of selling, servicing, affiliated company specifically to apply as repairing, parking or storing " autos" unless excess insurance over this Coverage Form. that business is yours. E. The following definitions are added:
3) Anyone other than your " employees", G. LIABILITY AND MEDICAL EXPENSES partners( if you are a partnership), members DEFINITIONS:
if you are a limited liability company), or a
1. " Hired auto" means any " auto" you lease, lessee or borrower or any of their employees", while moving property to or
hire, rent or borrow. This does not include
from an " auto".
any auto you lease, hire, rent or borrow
4) Apartner ifyou area partnership),
from any of your" employees", your partners
ora if you are a partnership), members ( if you
member ( if you are a limited liability are a limited liability company),
or your " executive officers" or members of
their households.
This does not include a long-term leased
auto" that you insure as an owned " auto"
under any other auto liability insurance
policy or a temporary substitute for an
auto" you own that is out of service
because of its breakdown, repair, servicing
or destruction.
2. " Non- owned auto " means any " auto" you
do not own, lease, hire, rent or borrow
which is used in connection with your
business. This includes:
a. " Autos" owned by your " employees" your
partners ( if you are a partnership),
members ( if you are a limited liability
company), or your " executive officers",
or members of their households, but
only while used in your business or your
personal affairs.
b. Customer' s " auto" that is in your care,
custody or control for service.
Form 5S 04 38 09 09 Page 3 of3
WC. 20- 21 .- " NMA z -" 5/ 10/ 201 pup) « 19