1 THIRD AMENDMENT TO THE AGREEMENT
FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH AND TWINING, INC.
THIS THIRD AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES (“Third Amendment”) is made between the City of Redondo Beach, a chartered municipal corporation (“City”) and Twining, Inc., a California corporation (“Consultant”).
WHEREAS, on December 18, 2018, the parties hereto entered into the Agreement for Consulting Services between the City and Consultant (the "Agreement"); and WHEREAS, on December 1, 2020, the parties hereto entered into the First Amendment (the “First Amendment”) to extend the term to December 31, 2022, and to increase the Consultant’s total compensation to $200,000; and
WHEREAS, on December 13, 2022, the parties hereto entered into the Second Amendment (the “Second Amendment”) to extend the term to December 31, 2024, and to increase the Consultant’s total compensation to $300,000; and
WHEREAS, the parties hereto desire to further extend the term of the Agreement and provide additional compensation for the extended term.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. GENERAL PROVISIONS.
Section 36 shall be added to the Agreement as follows:
36. Non-Discrimination. Consultant shall comply with all applicable federal, state, and local laws, ordinances, regulations, and codes prohibiting discrimination, including but not limited to the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the California Fair Employment and Housing Act.
Consultant shall not discriminate against any employee or applicant for employment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military and veteran status, or any legally protected characteristic. Consultant shall ensure that the evaluation and treatment of its employees and applicants for employment are free from such discrimination and harassment. Consultant shall include a similar non-discrimination provision in all subcontracts related to the performance of this Agreement.
2. SCOPE OF SERVICES. Exhibit “A” of the Agreement is hereby amended to delete Section II.C in its entirety.
2 3. TERM AND TIME OF COMPLETION. Exhibit “B” of the Agreement, as previously amended by Exhibits “B-1” and “B-2”, is hereby further amended to add Exhibit “B-3”, which is attached hereto and incorporated herein by reference. Exhibit “B-3” extends the Agreement term to December 31, 2026. Consultant shall commence and complete all services described in Exhibit “A” in accordance with the schedule set forth in Exhibit “B-3”.
4. COMPENSATION. Exhibit “C” of the Agreement, as previously amended by Exhibits “C-1” and “C-2”, is hereby amended to add Exhibit “C-3”, which is attached hereto and incorporated herein by reference. Exhibit “C-3” increases the total compensation limit by $100,000, setting a new total compensation limit of $400,000, and updates the notice provision. Consultant shall be compensated for the services described in Exhibit “A” of the Agreement.
5. NO OTHER AMENDMENTS. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement, First Amendment, Second Amendment, and this Third Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement, First Amendment, Second Amendment, and this Third Amendment, the terms of this Third Amendment shall govern. [SIGNATURES ON NEXT PAGE]
3 IN WITNESS WHEREOF, the parties have executed this Third Amendment in Redondo Beach, California, as of this 17th day of December, 2024.
CITY OF REDONDO BEACH, TWINING, INC.,
a chartered municipal corporation a California corporation ___________________________ By: _______________________ James A. Light, Mayor Name: _______________________
Title: _______________________
ATTEST: APPROVED:
___________________________ ___________________________ Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
___________________________
Michael W. Webb, City Attorney
Linas Vitkus
President and COO
4 EXHIBIT “B-3”
TERM AND TIME OF COMPLETION
TERM. The term of the Agreement shall be extended to December 31, 2026 (“Term”), unless otherwise terminated as herein provided.
5 EXHIBIT “C-3”
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
I. AMOUNT. Consultant shall perform the work for all City approved Task Proposal(s) in accordance with the attached hourly rate schedule, which is hereby incorporated by reference.
II. EXPENSES. Consultant shall be reimbursed for expenses in accordance with the attached schedule. If Consultant requires reimbursement for expenses not provided on the attached schedule, including but not limited to, mileage, reproduction costs, and subcontractor markup, Consultant shall not be reimbursed without a subsequent written amendment, which shall be at the sole discretion of the City.
III. NOT TO EXCEED AMOUNT. In no event shall the total amount paid to the Consultant, including reimbursable expenses, exceed $400,000 during the term of this Agreement.
IV. METHOD OF PAYMENT. Consultant shall provide monthly invoices to City for approval and payment for those services performed in the month prior to invoice submission. Invoices must include the following information.
A. Task number.
B. All personnel who performed work on the Task.
C. Description of the work performed.
D. Number of hours worked.
E. Hourly rate.
F. All City approved and documented subcontractor invoices.
G. If applicable, expenses incurred.
Invoice must be itemized, adequately detailed, based on accurate records, in a form reasonably satisfactory to the City. Invoices must attach the prior written authorization of the City and copies of receipts to substantiate expense requests. Consultant may be required to provide back-up material upon request. If no work is performed in a given month, no invoice is required.
Within the approved amount of each approved Task Proposal, and with the written approval of the City, a portion of the amount from the line item of the task may be allocated to another line item task so long as the total amount approved for the Task Proposal as described in Exhibit “A” in not exceeded.
V. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty (30) days after receipt of Consultant’s monthly invoice; provided, however, that services are completed to the City’s reasonable satisfaction and there is no dispute over the amount.
6 VI. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid, or personally served, and addressed to the following parties.
Consultant: Twining, Inc.
4811 Airport Plaza Dive, Suite 220
Long Beach, CA 90815
Attn: Linas Vitkus
City: City of Redondo Beach
Public Works Department, Engineering Services Division
415 Diamond Street
Redondo Beach, CA 90277
Attn: Lauren Sablan, Acting City Engineer
All notices, including notices of address changes, provided under this Agreement are deemed received as follows: (1) on the third day after mailing if sent by registered or certified mail; or (2) upon personal delivery. 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 in accordance with this section.
1 Schedule Of Fees 2024-2026
Personnel Rates: Per Hour Unless Otherwise Noted
Task Equipment Usage (Daily Unless Otherwise Noted),
Code Continued Rate
95315 Torque Multiplier $ 48.00
95321 Air Meter $ 37.00
95322 Unit Weight Bucket $ 28.00
95323 Field Concrete Scale $ 37.00
95324 2" x 2" x 2" Mold $ 26.00
95343 Nuclear Gauge (Per Hour) $ 13.00
95319 Sand Cone Density Test Equipment $ 61.00
95333 Pull Test Equipment $ 75.00
95348 Concrete/Asphalt Coring Equipment $ 728.00
95336 Floor Flatness (Dipstick) $ 64.00
95330 Schmidt Hammer $ 48.00
95341 Vapor Emission Test Kits $ 59.00
95342 Relative Humidity Probe $ 91.00
95339 UPV (Ultrasonic Pulse Velocity) Meter $ 428.00
95351 Fireproofing Adhesion/Cohesion (Per Test) $ 43.00 95300 A Scan Ultrasonic Equipment And Consumables $ 102.00 95303 Magnetic Particle Equipment And Consumables $ 54.00 95306 Liquid Penetrant Consumables $ 48.00
95307 Phased Array Ultrasonic Equipment (Per Hour) $ 107.00 95347 Ground Penetrating Radar $ 407.00
95345 Impact Echo $ 412.00
95362 Ultrasonic Tomography $ 536.00
95349 Inertial Profiler (Per Hour) Quotation
95352 Borescope $ 321.00
95356 Infrared Camera $ 107.00
95357 Project Dedicated Vehicle $ 193.00
95364 Roller Compacted Concrete Vibrating Hammer/Tamping Plate $ 86.00 95367 Half-Cell Potential Equipment Set $ 412.00
95368 Concrete Electrical Resistivity Meter $ 193.00
95369 Field Hardness (Steel) $ 118.00
95370 Coating Thickness Gauge $ 118.00
95373 Curing Box (Not Temperature Controlled, One-Time Fee/ $ 803.00 Per Box)
95371 Temperature Control Curing Box (Per Month) $ 536.00 95372 Temperature Matching Curing Box (Per Month) $ 611.00 Rate
$ 54.00
$ 34.00
$ 34.00
$ 91.00
$ 155.00
$ 214.00
Task
Code Jobsite Trailer, Mobile Or On-site Laboratory Rate 95360 Portable Or Mobile Laboratory Unit Quotation
95374 Jobsite Trailer, Conex, Or Equipment Storage Box Quotation Task
Code Concrete Tests (Field Made Specimens) Rate
20201 6" x 12" Cylinder Compression Strength (ASTM C39) $ 48.00 20202 4" x 8" Cylinder Compression Strength (ASTM C39) $ 43.00 20203 Density Of Structural Lightweight Concrete Equilibrium $ 107.00 Oven Dry Method (ASTM C567)
20205 Core Compression Including Trimming (ASTM C42) $ 96.00 20207 6" x 6" x 18" Flexural Beams Not Exceeding Referenced $ 134.00 Size (ASTM C78, C293 or CTM 523)
20209 Splitting Tensile Strength (ASTM C496) $ 134.00
20211 Modulus Of Elasticity Test (ASTM C469) $ 348.00
80003 Rapid Chloride Permeability Test: Cylinders Or Cores $ 611.00 (ASTM C1202)
80006 Density, Absorption, And Voids In Hardened Concrete $ 611.00 (ASTM C642)
40005 Flexural Toughness (ASTM C1609, Formerly ASTM C1018) $ 964.00 40006 Double Punch Strength Of Fiber Reinforced Concrete $ 643.00 40009 Coefficient Of Thermal Expansion Of Concrete $ 696.00 (CRD 39, AASHTO T336)
40012 Bulk Electrical Resistivity (One Age Of Testing, ASTM C1876) $ 171.00 80013 Flexural Tensile Strength Of Metallic Fiber Reinforced Concrete $ 964.00 Beam (EN 14651)
Task
Code Engineering And Consulting Personnel Rate
10026 Senior Principal Advisor/Consultant $ 396.00
10001 Principal Engineer/Geologist $ 284.00
10017 Metallurgical Engineer $ 396.00
70000 Registered Geotechnical Engineer $ 284.00
10010 Technical Advisor $ 262.00
10011 Material Scientist, Welding/NDT Consultant $ 279.00 70003 Registered Geologist/Certified Engineering Geologist $ 279.00 10003 Senior Engineer/Geologist $ 252.00
10009 Registered Civil Engineer $ 241.00
60003 Roofing/Waterproofing Consultant $ 268.00
10013 Project Engineer/Manager $ 236.00
30000 Quality Control Manager $ 236.00
10005 Senior Staff Engineer/Geologist $ 220.00
10007 Staff Engineer/Geologist $ 209.00
10015 Quality Control Administrator $ 209.00
10019 Metallurgical Technician $ 177.00
90001 CADD Operator/Draftsperson $ 161.00
95103 Administrative Support $ 105.00
70107 Field Supervisor $ 198.00
91030 Safety Supervisor $ 198.00
20000 Laboratory Manager $ 182.00
98000 Laboratory Technician $ 155.00
90005 Expert Witness Testimony $ 643.00
91010 Qualified SWPPP Developer $ 220.00
91000 Qualified SWPPP Practitioner $ 209.00
30001 Vibration Engineer $ 241.00
Task
Code Field Inspection Personnel Rate
10101 Concrete/Reinforced Steel Inspector $ 144.00
10103 Prestressed/Post Tensioned Inspector $ 144.00
10105 Concrete ICC Inspector $ 144.00
10109 Drilled-In-Anchor Inspector $ 144.00
10111 Gunite/Shotcrete Inspector $ 144.00
10113 Masonry Inspector $ 144.00
10201 Structural Steel/Welding Inspector $ 144.00
10203 AWS Certified Welding Inspector $ 144.00
10207 Fireproofing Inspector $ 144.00
10501 Lead Inspector $ 147.00
10115 Firestop Special Inspector - IFC Premier $ 166.00 10117 Firestop Special Inspector - IQP $ 214.00
70109 L.A. Deputy Grading Inspector $ 155.00
75001 Asphalt Field and Plant Inspector/Technician $ 144.00 70103 Pile Driving Inspector $ 144.00
70101 Soils Technician $ 144.00
10107 Concrete Quality Control (ACI/Caltrans Technician) $ 144.00 10122 Wood Framing Inspector $ 144.00
60001 Roofing/Waterproofing Inspector $ 155.00
10500 Public Works Inspector $ 161.00
10515 Mechanical Inspector $ 171.00
10519 Electrical Inspector $ 171.00
10521 Plumbing Inspector $ 171.00
10523 Building Inspector $ 171.00
30002 Vibration Monitoring Technician $ 166.00
50003 Field Engineering Technician $ 144.00
Task
Code Shop Inspection Personnel Rate
10301 Structural Steel Fabrication Inspector $ 144.00
10309 Batch Plant Quality Control Technician/Inspector $ 144.00 10325 Glue-Laminated Fabrication Inspector Quotation
10328 Pre-Cast Concrete/Pipe Fabrication Inspector $ 144.00 Task
Code Nondestructive Testing Personnel Rate
10401 NDE Ultrasonic Testing Technician $ 150.00
10403 NDE Magnetic Particle Testing Technician $ 150.00 10405 NDE Dye Penetrant Testing Technician $ 150.00
10305 Combination NDE Technician/Welding Inspector $ 150.00 10409 Radiographic Testing (Crew Of 2) $ 407.00
10020 NDE Engineer $ 262.00
Task
Code Equipment Usage (Daily Unless Otherwise Noted) Rate 95318 Skidmore $ 51.00
95309 Torque Wrench, Small $ 21.00
95312 Torque Wrench, Large $ 32.00
Task
Code Specimen Pick-Up
20100 Soil/Aggregate Sample (Each)
20102 Standard Sample: Concrete Cylinders (Each)
20101 Standard Sample: Mortar/Grout Cubes And Cores,
Fireproofing, Rebar, And Epoxy Prisms (Each)
20103 Oversize Sample: Masonry Prisms And Shotcrete Panels (Each) 20104 Oversize Sample: Flexural Beams (Each)
20107 Technician For Specimen Pick-Up Not Listed Above
(Per Hour, 2-Hour Minimum)
20109 Technician For Specimen Pick-Up Before 5:00 a.m.
Or After 5:00 p.m. Monday Thru Friday, Or All Day Saturday (Per Hour, 2-Hour Minimum Plus Mileage)
2 Task
Code Concrete Specimen Preparation Rate
20151 Sawing Of Specimens (Each) $ 54.00
20157 Coring Of Specimens In Lab (Each) $ 54.00
20159 Grinding Of Concrete Below 6000 psi Strength (Each) $ 96.00 20160 Grinding Of Concrete 6000 psi Strength And Above (Each) $ 118.00 Task Laboratory Trial Batch: Concrete, Cement
Code And Mortar Rate
30216 Compression Test 4" x 8" Cylinders Made And Tested In $ 62.00 Laboratory (ASTM C192, C35)
30217 Compression Test 6" x 12" Cylinders Made And Tested In $ 73.00 Laboratory (ASTM C192, C35)
30219 6" x 6" x 18" Flexural Beams Made And Tested in Laboratory $ 150.00 (ASTM C192, C78)
30223 Splitting Tensile Strength Cylinders Made And Tested In $ 150.00 Laboratory (ASTM C192, C496)
30225 Modulus of Elasticity Test Cylinders Made And Tested In $ 364.00 Laboratory (ASTM C192, C469)
30227 Density Of Structural Lightweight Concrete Made In $ 123.00 Laboratory, Equilibrium or Oven Dry Method (ASTM C567)
30237 Bulk Electrical Resistivity (ASTM C1876) $ 187.00 30201 Laboratory Trial Batch (ASTM C192/Lab Procedure Performance) $ 589.00 30203 Concrete Mixture Design For Preconstruction Evaluation And $ 343.00 Backup Data Development
30205 Drying Shrinkage Up To 28 Days, Three 3" x 3" Or 4" x 4" Bars, $ 557.00 Five Readings Up To 28 Dry Days (ASTM C157)
30230 Additional Reading, Per Set Of Three Bars $ 64.00 30231 Storage Over Ninety (90) Days, Per Set Of $ 54.00 Three Bars, Per Month
30207 Setting Time Up To 7 Hours (ASTM C403) $ 214.00
30209 Bleeding (ASTM C232) $ 193.00
30229 Concrete Restrained Expansion (ASTM C878) $ 750.00 30211 Mix, Make and Test Mortar or Grout Specimens for Compressive $ 643.00 Strength: Set of 6 (ASTM C878)
20263 Non-Shrink Grout: Height Change After Final Set (ASTM C1090) $ 643.00 20265 Non-Shrink Grout: Height Change At Early Age (ASTM C827) $ 911.00 30232 Cracking Resistance, Set Of Three Rings, Laboratory Trial $ 6,641.00 Batching, Test Until Cracking Or Up To 28 Days (ASTM 1581) 30233 Evaluation Of Pre-Packaged Masonry Mortars (ASTM C270) $ 1,393.00 30234 Creep (ASTM C512) (One Age Of Loading, 12 Months $ 9,105.00 Duration Of Testing)
80198 Laboratory Development of Strength-Maturity Curve Without $ 3,428.00 Establishing Datum Temperature (Up To 5 Testing Ages, $ - ASTM C1074)
80199 Laboratory Development Of Strength-Maturity Curve With $ 5,570.00 Establishing Datum Temperature (Up to 5 Testing Ages,
ASTM C1074)
Task
Code Evaluation of Mixing Water for Concrete Rate
80246 Evaluation of Mixing Water For Concrete Per The Requirements $ 1,071.00 Of ASTM C1602, Table 1 (Physical Properties Of Mortar), Per Sample
80248 Evaluation Of Mixing Water For Concrete Per The Requirements $ 1,285.00 Of Caltrans, Section 90, Per Sample
Task Concrete - Chemical Analysis, Transport Properties, Code Service Life Modeling, Petrographic Examination Rate 80123 Acid-Soluble Chloride Analysis (ASTM C1152) $ 134.00 Includes Sample Prep)
80126 Water-Soluble Chloride Analysis (ASTM C1218) $ 161.00 (Includes Sample Prep)
80193 Chloride Diffusion Coefficient Of Cementitious Mixtures By $ 2,999.00 Bulk Diffusion (ASTM C1556)
80159 Bulk Resistivity (ASTM C1876) And Formation Factor $ 696.00 80204 Chloride Binding Isotherm $ 911.00
80206 Analytical And Experimental (ASTM C1556) Modeling Of Service $ 8,570.00 Life Of Concrete Per Life-365 Model, Per Mixture Design 80208 Analytical And Experimental (NordTest) Modeling Of Service $ 8,570.00 Life Of Concrete Per FIB Model Code 34, Per Mixture Design 80210 Non-Steady State Chloride Migration Coefficient, NordTest 492 $ 670.00 80212 Petrographic Examination Of Hardened Concrete, Level I $ 1,875.00 (ASTM C856) (Excludes Thin Section), Per Sample
80129 Petrographic Examination Of Hardened Concrete, Level II $ 2,410.00 (ASTM C856) Includes Thin Section, Per Sample
80218 Petrographic Examination Of Hardened Concrete, Level III $ 3,749.00 (ASTM C856/C1723) (Thin Section And SEM/EDX), Per Sample 80222 W/CM Determination (NordTest Build 361) $ 1,339.00 80224 Examination Of Volumetric Proportions Of Hardened Concrete $ 536.00 (ASTM C457), Per Sample
80228 Air Void Analysis Of Hardened Concrete (ASTM C457), $ 643.00 Per Sample
80232 Electron Microscopy (ASTM C1723) $ 803.00
80234 Paste Carbonation Analysis, Per Sample $ 268.00
80238 Insoluble Residue Analysis (ASTM C1324) Quotation 80240 Alkali-Silica - Damage Rating Index (DRI), Per Sample $ 1,339.00 Task
Code Qualification Of Cements Rate
80100 Chemical Analysis Of Portland Cement Per Standard $ 803.00 Requirements (ASTM C150)
80103 Physical Testing Of Portland Cement Per Standard $ 803.00 Requirements (ASTM C150)
80194 Physical Testing Of Type K Cement, Mortar Expansion $ 803.00 (ASTM C806)
80195 Physical Testing And Chemical Analysis Of Portland Cement $ 1,500.00 Per Standard Requirements (ASTM C150)
80106 Partial Analysis Or Specific Physical Tests Quotation 80110 Sulfates Resistance Of Hydraulic Cement (ASTM C1012), $ 3,214.00 6 Months
80111 Sulfates Resistance Of Hydraulic Cement (ASTM C1012), $ 3,535.00 12 months
80149 Type 1L Cement (ASTM C595; Excludes Special Properties) $ 1,500.00 80151 Clinker Microscopy, Per Sample $ 911.00
Task Physical Testing Of Chemical Admixtures For
Code Concrete Rate
80196 Qualification Of Admixture (ASTM C494) Quotation
Task
Code Evaluation Of Pozzolans And Slag Cement Rate
80140 Chemical Analysis Of Fly Ash Per Standard Requirements $ 803.00 (ASTM C618)
80143 Physical Testing Of Fly Ash Per Standard Requirements $ 803.00 (ASTM C618)
80146 Partial Analysis Or Specific Physical Tests Quotation 80147 Chemical Analysis And Physical Testing Of Fly Ash Per $ 1,500.00 Standard Requirements (ASTM C1618)
80250 Qualification Of Silica Fume Per Standard Requirements $ 1,500.00 (ASTM C1240)
80252 Qualification Of Slag Cement Per Standard Requirements $ 1,500.00 (ASTM C989)
80254 Effectiveness Of Pozzolans & Slag Cement In Mitigating $ 1,500.00 Expansion Due To ASR (ASTM C441)
Task
Code Mass Concrete - Engineering And Testing Services Rate 80256 Thermal Control Plan (Without Cooling Pipes) Per A Unique $ 8,570.00 Type Of Placement Of Similar Group Of Placements, Each Plan 80258 Thermal Control Plan (With Cooling Pipes), Per A Unique $ 10,176.00 Type Of Placement Of Similar Group Of Placements, Each Plan 80260 Performance Based Maximum Temperature Difference $ 3,749.00 Laboratory & Analytical Studies, One Concrete Mixture Design Task Rock And Concrete Aggregates - Petrographic
Code Examination & Special USACE & CRD Tests Rate
80262 Rock Type Description, Per Sample (Rock Core Or Rock $ 911.00 Chunk)
80263 Rock Type Description + XRD Including Clay Analysis, $ 1,553.00 Per Sample
80266 Natural Aggregates - Petrographic Examination (Gravel And $ 2,946.00 Natural Sand Consisting Of Single Rock Type ASTM C295)
Each, One Sample
80268 Crushed Aggregates - Petrographic Examination (Crushed $ 2,410.00 Rock And Manufactured Sand Consisting Of Single Rock Type ASTM C295), Each, One Sample
80270 Coarse Aggregate Certification For Deleterious Materials Per $ 6,320.00 Specifications Of USACE, Materials Coarser Than 0.75-Inch Each, One Sample, 200 lb.
80272 Coarse Aggregate Certification For Deleterious Materials Per $ 5,892.00 Specifications Of USACE, 0.75-Inch And Finer Material, Each, One Sample, 25 lb.
80274 Fine Aggregate Certification For Deleterious Materials Per $ 2,142.00 Specifications Of USACE, Each, One Sample
80276 Aggregate, Scratch Hardness (CRD-C 130), Each, One Sample, $ 428.00 25 lb.
Task
Code Soils And Aggregate Tests Rate
30503 Abrasion: LA Rattler (ASTM C131) $ 214.00
30505 Abrasion: LA Rattler (ASTM C535) $ 225.00
70301 Atterberg Limits/Plasticity Index (ASTM D4318, CTM 204) $ 171.00 70303 California Bearing Ratio Excluding Maximum Density $ 621.00 (ASTM D1883) Soil
70304 California Bearing Ratio Excluding Maximum Density $ 696.00 (ASTM D1883) Cement-Treated Soil
70344 Cement-Treated Soil/Base Mix Design: Includes Three Trial $ 3,749.00 Cement Contents With Three Unconfined Compressive
Strength Specimens Per Cement Content
70305 Chloride And Sulfate Content (CTM 417, CTM 422) $ 187.00 30403 Clay Lumps And Friable Particles (ASTM C142) $ 214.00 30321 Cleanness Value 1" x #4 (CTM 227) $ 187.00
30322 Cleanness Value 1.5" x .75" (CTM 227) $ 295.00
Task
3 Task
Code Soils And Aggregate Tests, Continued Rate
70393 Collapse Potential/Index (ASTM D5333) $ 241.00
70396 Compressive Strength Of Molded Soil-Cement Cylinders $ 112.00 (ASTM D1633)
70309 Consolidation Test Full Cycle (ASTM 2435, CTM 219) $ 209.00 70311 Consolidation Test Time Rate Per Load Increment $ 48.00 (ASTM D2435, CTM 219)
70313 Corrosivity Series Sulfate, CI, pH, Resistivity (CTM 643, $ 262.00 417, and 422)
70315 Crushed/Fractured Particles (ASTM D5821, CTM 205) $ 187.00 70317 Direct Shear Test Remolded And/Or Residual (ASTM D3080) $ 262.00 70319 Direct Shear Test Undisturbed - Slow [CD] (ASTM D3080) $ 241.00 70321 Direct Shear Test Undisturbed - Fast [CU] (ASTM D3080) $ 209.00 70378 Durability Index Per Method - A,B,C, or D (ASTM D3744, $ 225.00 CTM 229)
70325 Expansion Index (ASTM D4829, UBC 18-2) $ 182.00
75004 Fine Aggregate Angularity (ASTM C1252, CTM 234, $ 204.00 AASHTO T304)
30507 Flat And Elongated Particle (ASTM D4791) $ 257.00 30508 Flat Or Elongated Particle (ASTM D4791) $ 225.00
70331 Maximum Density Methods A/B/C (ASTM D1557, $ 204.00 D698, CTM 216)
70333 Maximum Density Check Point (ASTM D1557, D698) $ 70.00 70335 Maximum Density AASHTO C [Modified] (AASHTO T-180) $ 209.00 70336 Maximum Index Density Vibratory Table (ASTM D4253) $ 370.00 70337 Moisture Content (ASTM D2216, CTM 226) $ 27.00
70339 Moisture and Density Ring Sample (ASTM D2937) $ 32.00 70341 Moisture and Density Shelby Tube Sample (ASTM D2937) $ 43.00 70340 Moisture-Density Relations Of Soil-Cement Mixtures $ 295.00 Premixed In The Field (ASTM D558)
70342 Moisture-Density Relations Of Soil-Cement Mixtures $ 375.00 Mixed In The Lab (ASTM D558)
70328 pH Of Soils (ASTM D4972) $ 64.00
70330 Organic Content Of Soils (ASTM D2974, Method A Only) $ 91.00 30401 Organic Impurities (ASTM C40, CTM 213) $ 96.00
70343 Permeability (ASTM D5084) Quotation
80001 Potential Reactivity Chemical Method (ASTM C289 - $ 803.00 Discontinued Method)
70394 Potential Reactivity Mortar Bar Expansion Method, $ 991.00 14-Day Exposure (ASTM C1260)
70391 Potential Reactivity Mortar Bar Expansion Method, $ 1,044.00 28-Day Exposure (ASTM C1260)
70398 Potential Reactivity Concrete Bar Expansion Method $ 2,999.00 (ASTM C1293), 12 month
70399 Potential Reactivity Concrete Bar Expansion Method $ 3,321.00 (ASTM C1293), 24 month
70397 Potential Reactivity of Aggregate Combination, Non-Standard $ 1,178.00 Method; 14-Day Exposure, Mortar (After ASTM C1567)
70392 Potential Reactivity Of Aggregate Combination, Non-Standard $ 1,232.00 Method; 28-Day Exposure, Mortar (After ASTM C1567)
70345 R-Value Soil (ASTM 2844, CTM 301) $ 471.00
70347 R-Value Aggregate Base (ASTM D2844, CTM 301) $ 525.00 70349 Sand Equivalent (ASTM D2419, CTM 217) $ 134.00
70351 Sieve #200 Wash Only (ASTM D1140, CTM 202) $ 96.00 70353 Sieve With Hydrometer 3/4" Gravel To Clay (ASTM D422, $ 268.00 D7928, CTM 203)
70355 Sieve With Hydrometer Sand To Clay (ASTM D422, $ 257.00 D7928, CTM 203)
70357 Sieve Analysis Including Wash (ASTM C136, CTM 202) $ 161.00 70359 Sieve Analysis Without Wash (ASTM C136, CTM 202) $ 129.00 70360 Sieve Analysis Split Sieve (ASTM C136, CTM 202) $ 257.00 70361 Sieve Analysis Without Wash With Cobbles (ASTM C136, $ 252.00 CTM 202)
70363 Soundness Sodium Or Magnesium Sulfate, 5 Cycles $ 482.00 (ASTM C88)
70365 Specific Gravity And Absorption Coarse (ASTM C127, $ 107.00 CTM 206)
70367 Specific Gravity and Absorption Fine (ASTM C128, $ 177.00 CTM 207)
70369 Swell/Settlement Potential One Dimensional (ASTM D4546) $ 161.00 70371 Triaxial Quotation
70373 Unconfined Compression (ASTM D2166, CTM 221) $ 204.00 30317 Unit Weight Per Cubic Foot (ASTM C29, CTM 212) $ 134.00 30319 Voids In Aggregate With Known Specific Gravity (ASTM C29, $ 134.00 CTM 212)
30411 Lightweight Particles Coarse, with Two Solutions (ASTM C123) $ 536.00 30412 Lightweight Particles Fine, with One Solution (ASTM C123) $ 268.00 Task
Code Asphalt Concrete Tests Rate
75031 HMA Mixing And Preparation $ 145.00
75032 HMA Mixing And Preparation With Aggregate Treatment $ 204.00 75033 Bulk Specific Gravity Of Compacted Sample Or Core SSD $ 64.00 (ASTM D2726, CTM 308C)
75036 Bulk Specific Gravity Of Compacted Sample Or Core Paraffin $ 91.00 Coated (ASTM D1188 and CTM 308A)
Code Asphalt Concrete Tests, Continued Rate
75040 Emulsion Residue, Evaporation (ASTM D244) $ 182.00 75024 Extraction % Bitumen (ASTM D6307, CTM 382) $ 182.00 75027 Extraction % Bitumen And Gradation (ASTM D5444, D6307, $ 246.00 CTM 202, 382)
75028 Extraction % Bitumen, Correction Factor (ASTM D6307, $ 402.00 CTM 382)
75030 Chemical Extraction % Bitumen And Sieve Analysis $ 423.00 (ASTM D2172 Method A or B, ASTM D5444)
75042 Lab Tested Maximum Density Hveem, 3 Briquettes $ 246.00 (ASTM D1561, D1188, CTM 304, 308)
75057 Hveem Stabilometer Test, Premixed, 3 Briquettes $ 246.00 (ASTM D1560, D1561, CTM 304, 366)
75048 Lab Tested Maximum Density Marshall, 3 Briquettes $ 241.00 (ASTM D6926, D2726)
75049 Lab Tested Maximum Density Marshall 6'' Specimen, $ 246.00 3 Briquettes (ASTM D5581, D2726)
75050 Lab Tested Maximum Density Superpave Gyratory Compacted $ 91.00 Briquette, SSD, 1 Briquette (ASTM D6925, D2726)
75052 Lab Tested Maximum Density Superpave Gyratory Compacted $ 102.00 Briquette, Paraffin, 1 Briquette (ASTM D1188, D6925)
75051 Maximum Theoretical Specific Gravity [RICE] (ASTM D2041, $ 182.00 CTM 309)
75066 Marshall Stability And Flow, Cored Sample, Each $ 91.00 ASTM D6927)
75069 Marshall Stability And Flow, Premixed, 3 Briquettes $ 262.00 (ASTM D6926, D6927)
75106 Marshall Stability And Flow, Gyratory Compacted Specimen $ 262.00 Pre-Mixed, 3 Briquettes (ASTM D5581, D6925)
75107 Marshall Stability And Flow 6'' Specimen, Premixed, $ 262.00 3 Briquettes (ASTM D5581)
75063 Moisture Content (CTM 370) $ 96.00
75005 Wet Track Abrasion Test (ASTM D3910) $ 187.00
75093 Hveem Mix Design (Excluding Aggregate Quality Tests) $ 5,967.00 75096 Hveem Mix Design, With RAP (Excluding Aggregate Quality $ 6,481.00 Tests, RAP Qualification)
75099 Hveem Mix Design, With Lime (Excluding Aggregate Quality $ 10,225.00 Tests)
75094 Hveem Mix Design Caltrans Untreated Mix (Including $ 7,113.00 Aggregate Quality Tests)
75095 Hveem Mix Design Caltrans Lime Treated Mix (Including $ 8,264.00 Aggregate Quality Tests)
75084 Marshall Mix Design (Excluding Aggregate Quality Tests) $ 5,967.00 75087 Marshall Mix Design With RAP (Excluding Aggregate Quality $ 6,481.00 Tests)
75090 Marshall Mix Design With Lime (Excluding Aggregate Quality $ 7,113.00 Tests)
75083 Open Grade Asphalt Concrete Mix Design (ASTM D7064, $ 3,444.00 CTM 368)
75109 Superpave Mix Design (Excluding Aggregate Quality Tests) $ 12,163.00 75113 Superpave Mix Design, With RAP (Excluding Aggregate $ 12,849.00 Quality Tests)
75114 Superpave Mix Design With Rubber (Excluding Aggregate $ 12,849.00 Quality Tests)
75115 Superpave Mix Design With Additives (Excluding Aggregate $ 13,197.00 Quality Tests)
75075 Effect Of Moisture On Asphalt Paving Mixtures, Pre-Mixed $ 1,146.00 (ASTM D4867, AASHTO T283)
75111 Hamburg Wheel Track Test, 20,000 Passes, 4 Briquettes $ 1,264.00 (AASHTO T324)
75039 Raveling Test Of Cold Mixed Emulsified Asphalt (ASTM D7196) $ 230.00 75067 Marshall Stability, Wet Set, 3 Replicates (AASHTO T245) $ 402.00 75068 Marshall Stability, Dry Set, 3 Replicates (AASHTO T245) $ 343.00 75070 Cold Recycled Asphalt Mix Design 2 Gradings Each, $ 12,051.00 3 Emulsion Content (Caltrans LP-8)
Task
Code Mortar And Stucco - Petrographic Examination Rate
80282 Stucco, One-Coat (ASTM C856), Includes Thin Section), $ 2,410.00 Per Sample
80286 Stucco, Two-Coat (ASTM C856), Includes Thin Section), $ 2,678.00 Per Sample
80290 Stucco, Three-Coat (ASTM C856), Includes Thin Section), $ 3,214.00 Per Sample
80294 Mortar (ASTM C1324, Petrographic Examination And Chemical $ 3,481.00 Analysis), Per Sample
Task
Code Brick Masonry Tests, ASTM C67 Rate
20301 Modulus Of Rupture Flexural $ 118.00
20303 Compression Strength $ 80.00
20305 Absorption 5 Hour or 24 Hour $ 86.00
20307 Absorption (Boil) 1, 2 Or 5 Hours $ 118.00
20309 Initial Rate Of Absorption $ 75.00
20311 Efflorescence $ 91.00
20313 Cores Compression $ 96.00
20315 Shear Test On Brick Cores 2 Faces $ 118.00
Task
4 General Conditions NOTE: Field inspection work conditions are established by contract with Operating Engineers, Local 12.
NOTE: A minimum of 24 hours notice is required for testing and inspection services.
NOTE: For projects subject to a Project Labor Agreement (PLA), if the terms and conditions of the PLA are more restrictive than those listed below, PLA terms and conditions will apply.
NOTE: Rates will be adjusted annually each July 1st to reflect increased costs.
Task
Code Concrete Block, ASTM C140 Rate
20321 Compression $ 102.00
20323 Absorption/Moisture Content/Oven Dry Density $ 102.00 20327 Linear Shrinkage (ASTM C426) $ 295.00
20335 Web And Face Shell Measurements $ 59.00
20329 Tension Test $ 187.00
20331 Core Compression $ 96.00
20333 Shear Test Of Masonry Cores 2 Faces $ 118.00
20339 Efflorescence Tests $ 91.00
Task
Code Masonry Prisms, ASTM C1314 Rate
20341 Compression Test, Composite Masonry Prisms Up To 8" x 16" $ 220.00 20343 Compression Test, Composite Masonry Prisms > 8" x 16" $ 295.00 20346 Prism Cord Modulus of Elasticity $ 696.00
20347 Prism Cord Modulus Of Elasticity With Transverse Strain $ 761.00 (For Double-Wythe Specimen)
Task
Code Mortar And Grout Rate
20351 Compression 2" x 4" Mortar Cylinders (ASTM C780) $ 64.00 20353 Compression 3" x 3" x 6" Grout Prisms, Includes Trimming $ 48.00 (ASTM C1019)
20355 Compression 2" Cubes (ASTM C109) $ 64.00
20357 Compression Cores Includes Trimming (ASTM C42) $ 96.00 Task
Code Masonry Specimen Preparation Rate
20155 Cutting Of Cubes Or Prisms $ 96.00
Task
Code Fireproofing Tests Rate
20401 Oven Dry Density (ASTM E605) $ 80.00
Task
Code Gunite And Shotcrete Tests Rate
20361 Core Compression Including Trimming (ASTM C42) $ 96.00 20365 Compression Cubes (Includes Saw Cutting) $ 112.00 Task Concrete Roof Fill: Gypsum, Vermiculite, Perlite,
Code Lightweight Insulating Concrete, Etc. Rate
20371 Compression Test (ASTM C495 and C472) $ 80.00
20373 Air Dry Density (ASTM C472) $ 70.00
20379 Oven Dry Density (ASTM C495) $ 96.00
Task
Code Reinforcing Steel, ASTM A615, A706 Rate
20501 Tensile Test #11 Or Smaller $ 80.00
20503 Bend Test #11 Or Smaller $ 75.00
20504 Bend Test #14 Or #18 $ 428.00
20505 Tensile Test #14 $ 321.00
20507 Tensile Test #18 $ 418.00
Task
Code Reinforcing Steel - Welded Or Coupled Specimens Rate 20521 Tensile Test Welded/Coupled #11 And Smaller $ 91.00 20523 Tensile Test Welded/Coupled #14 $ 311.00
20525 Tensile Test Welded/Coupled #18 $ 439.00
20529 Weld Macroetch $ 102.00
20531 Slippage Test - Caltrans (CTM 670) $ 236.00
20532 Tensile Test Welded Hoops #11 And Smaller $ 182.00 Task
Code Metal and Steel Testing Rate
20601 Tensile Strength Up To 100K Pounds (Each) $ 91.00 20603 Tensile Strength Up To 200K Pounds (Each) $ 102.00 20605 Tensile Strength Up To 300K Pounds (Each) $ 129.00 20607 Tensile Strength Up To 400K Pounds (Each) $ 187.00 20609 Tensile Strength 400K To 600K Pounds (Each) $ 428.00 20611 Tensile Strength Stress-Strain Percent Offset $ 268.00 20545 Weld Macroetch $ 102.00
20547 Weld Fracture $ 54.00
20615 Bend Test $ 86.00
20617 Flattening Test $ 86.00
Code Metal and Steel Testing, Continued Rate
20619 Hardness Test (ASTM E18) $ 91.00
20630 Bolt Axial Tensile Test (Up To 7/8" Diameter) $ 75.00 20631 Bolt Wedge Tensile Test (Up To 7/8" Diameter) $ 91.00 20632 Bolt Axial Tensile Test (Greater Than 7/8" Up To 1" diameter) $ 96.00 20633 Bolt Wedge Tensile Test (Greater Than 7/8" Up To 1" Diameter) $ 118.00 20634 Bolt Axial Tensile Test (Greater Than 1" Diameter) $ 139.00 20635 Bolt Wedge Tensile Test (Greater Than 1" Diameter) $ 150.00 20636 Bolt Proof Load Test (Up To 7/8") $ 102.00
20637 Bolt Proof Load Test (Greater Than 7/8" Up To 1" Diameter) $ 123.00 20638 Bolt Proof Load Test (Greater Than 1") $ 145.00
20639 Nut Proof Load Test (Up To 7/8") $ 80.00
20640 Nut Proof Load Test (Greater Than 7/8" Up To 1" Diameter) $ 102.00 20641 Nut Proof Load Test (Greater Than 1") $ 112.00
Task
Code Chemical Testing Of Metal And Steel Rate
80170 Steel Chemical Analysis Quotation
80173 Weight Of Galvanized Coating (ASTM A90) $ 96.00
80176 Epoxy Coating Thickness $ 107.00
80177 Coating Thickness $ 102.00
Task
Code
Machining And Preparation Of Tensile And Bend
Sample: Carbon Steel Rate
20751 Machinist Initial Preparation From Mock-Up, Etc. (Per Hour) $ 155.00 20753 Sawcut To Overall Width (Per 0.5" Thickness Or Fraction $ 70.00 20755 Machine To Test Configuration Milled Specimens $ 102.00 20757 Machine To Test Configuration Turned Specimens (Per 0.5" $ 182.00 20759 Prepare Subsize Specimens (Per 0.5" Thickness Or Fraction Thereof)
$ 123.00
Task
Code Charpy Impact Rate
20621 Charpy Impact Ambient Temperature $ 112.00
20623 Charpy Impact Reduced Temperature $ 150.00
Task
Code Machining Of Charpy Samples: Carbon Steel Rate
20780 Cutting And Milling (Per 0.5" Or Fraction Thereof) $ 102.00 20783 Final Machining To Sample Configuration $ 123.00
Task
Code Prestressing Wires And Tendons, (ASTM A416) Rate
20701 Stress-Strain Analysis Wire Or Strands (Including Chart And $ 273.00 20703 Tensile Test Only $ 204.00
20705 Tendons Quotation
Task
Code Polymer Matrix Composite Materials (Fiberwrap) Rate 20706 Tensile Strength – Set of 5 Specimens/Batch/Direction $ 1,500.00 20707 Tensile Strength – Additional Specimens (ASTM D3039) $ 289.00 20708 Heating Chamber Time – Per 24 Hr. Period $ 107.00 Task
Code Calibration Services And Universal Machine Usage Rate 20801 Calibration/Verification Services Quotation
20803 Universal Test Machine Usage (Per Hour) $ 509.00
Specialty Testing
- Cylic And Fatigue Testing Programs On Special Products/Parts - Engineering And Technical Supports/Design Of Prototypes And Special Test Set-Up - Fastener/Coupling Full Testing Program Per New Regulations: Tension, Tension/Bend, Shear, Double Shear, 8 Compressions
- Fiberglass/Composite Materials Field Testing Program (ASTM D1143 D1242, D2584, D4065, D4476, D4923, D7901, D7921, and D732)
- Field Testing Of Structures And Structural Elements
- In-Place Shear Testing
- Materials And/Or Product Evaluation Per Specifications - Structural Dynamic Testing And Durability Analysis
5 Minimum Charges (Inspection and Technician Personnel Only - Other Personnel Charged on Portal to Portal Basis) 2-Hour Minimum: Inspector arrives at jobsite, no work to perform 4-Hour Minimum: 1 to 4 hours of inspection
8-Hour Minimum: Over 4 to 8 hours of inspection
Regular Time (All Types of Inspection and also All Non-Exempt Employees) The first 8 hours worked Monday through Friday between 5:00 a.m. and 5:00 p.m. except as noted otherwise below.
Time and One-Half (All Types of Inspection and also All Non-Exempt Employees) All shifts will be billed based on the time and date of their start. Any increment past 8 hours through 12 hours worked Monday through Friday and the first 12 hours on Saturday. Time and one-half will also be charged for the first four hours before 5:00 a.m. and after 5:00 p.m.
Double Time (All Types of Inspection and also All Non-Exempt Employees) All shifts will be billed based on the time and date of their start. After the first 12 hours worked Monday through Saturday, all day Sunday, and holidays. After the first four hours worked before 5:00 a.m. and after 5:00 p.m. Holidays are New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving, the day after Thanksgiving, Christmas Day.
Shift Differential (Applies to Regularly Scheduled Shifts Only) A $1.00 per hour shift differential premium will be charged for all inspection hours that fall outside of the 5:00 a.m. to 5:00 p.m. time period. Twining will require 48-hour notice along with the General Contractors approved shift letter prior to beginning a shift that will include hours falling outside this time period. Should this notice not be provided, all work performed on that shift will be billed at the applicable overtime or double time rate.
If three shifts per day are required, the first shift will be billed at the standard rate. The second shift shall be billed in accordance with the previous paragraph. The third shift shall be billed at 8 hours for the first 6 1/2 hours worked and appropriate overtime or double time for all hours thereafter.
Weekend Sample Pick-Ups
In order to be in strict conformance with testing standards, it may be required that weekend pick-ups be performed (e.g. concrete specimens cast on Friday must be picked up on weekend in order to be in conformance with ASTM C31 requiring specimens to be moved to their final curing location within 48 hours of casting.) Applicable charges for weekend work will apply when this is required. Should these charges not be authorized, Twining will not be liable for any negative consequences.
Project Specific Documents
Costs presented assume that client will provide project specific documents (plans, specifications, submittals, RFIs, etc.) for all inspection personnel. Should project specific documents be provided electronically through a "for fee" service, the client will be responsible for providing access and paying any fees for the service.
Project Site Facilities
Prices quoted assume that initial curing facilities for test samples that comply with relevant test standards and project requirements are provided by others. In addition, prices quoted assume that work/desk space for inspection staff are provided by others. Additional costs, provided by quotation, will apply should Twining be required to provide such facilities.
Subsistence
Subsistence on remote jobs will be charged per quotation.
Laboratory Testing Hours and Expedited Testing
Please note that laboratory testing will be billed on an hourly basis for non-standard tests. If testing is required to be performed on Saturdays, Sundays, holidays, or before 5:30 a.m. or after 4:00 p.m. on weekdays, an additional hourly charge, at the applicable regular, overtime or double time rate, with a minimum of one hour will be applied for the laboratory technician. For rush testing a 50% surcharge in addition to the regular test rate will apply.
Certified Payroll
Certified payroll will be provided, upon request.
Charges for Subcontracted Services
Material sent to outside laboratory for testing:
Material sent to outside fabricator or machine shop:
Glu-Lam beam inspection:
Other subcontractors:
Project exclusive equipment purchase:
Cost plus 20%
Cost plus 20%
Cost plus 20%
Cost plus 20%
Cost plus 20%
6 General Conditions, Continued Final Reports Required by Jurisdiction If a final report or affidavit is required, we must first review all inspection and testing reports and clear up any unresolved issues on these reports. These issues will typically require approval by the engineer or architect of record. This process can take several weeks or just a day, depending on the number and complexity of the issues. Cost for final reports will be billed hourly.
Hold Specimens
All "hold" specimens are charged at the applicable test rate whether tested or not.
Specimen Sampling and Disposal
Twining samples materials used in construction in accordance with standard practices, methods, codes, and relevant project requirements. Representativeness of sampling and same accuracy of testing are subject to the same probabilistic and precision limitations as governing standards, codes and project technical provisions.
Should samples be provided by others Twining cannot warrant or guarantee that material is representative of material that is or will be used in actual construction of the project.
Specimens will be discarded after testing unless Twining has been notified prior to testing that the customer wishes to retrieve the specimens or storage arrangements are made. Costs for storage will be by quotation.
Oversize Specimens
An extra charge will be made when test specimens require more than one person to handle because of size or weight.
Elevated Work Platforms
In the event an elevated work platform is required to safely complete our work, the City will provide safe access for Twining personnel for all required inspection, testing, sampling, etc. including a trained and certified operator or qualified inspector as applicable. Twining will be responsible for signing waivers associated with providing such access. Should City request Twining to supply an elevated work platform, Twining shall contract with a qualified vendor and the markups shown above will apply.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
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).
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.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
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. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
11/13/2024
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
Thi Grinwald 714-427-3481 [email protected] License#: 6003745 Great Midwest Insurance Company 18694 TWININC-01 Hartford Fire Insurance Company 19682 Twining, Inc.
PO BOX 47
Long Beach CA 90801
Hartford Casualty Insurance Company 29424 HARTFORD INSURANCE COMPANY 38288 SiriusPoint Specialty Insurance Corporation 16820 953378042 B X 1,000,000 X 300,000 5,000 1,000,000 2,000,000 X
Y Y 57UUNOZ0036 2/1/2024 2/1/2025
2,000,000
B 1,000,000 X
X X
Y Y 57UENOZ0037 2/1/2024 2/1/2025
C
X X 9,000,000 Y Y 57XHUOZ0038 2/1/2024 2/1/2025
9,000,000
D X
N
Y 57WEOK8H18 2/1/2024 2/1/2025
1,000,000 1,000,000 1,000,000
A
E
Professional Liab & Poll. Liab
Excess Professional Liability
Claims Made Form
AEGM000006604
PROVXS000000800
2/1/2024
2/1/2024
2/1/2025
2/1/2025
per claim/agg
per claim/agg
*See NOTE
$2,000,000
$3,000,000
The General Liability policy does not contain exclusions or limitations for Residential Operations. Umbrella policy is follow-form to its underlying Policies:
General Liability/Auto Liability/Employers Liability.
*NOTE: Professional Liability includes Pollution Liability for a total of $2,000,000 per claim/Agg. Prof. Liability Excess is in addition to Professional Liability $3,000,000 = total of $5,000,000/$5,000,000 per Claim/Agg.
Re: City of Redondo Beach On-Call Geotechnical Engineering and Construction Material Testing and Inspection Services 18-1722. The City of Redondo Beach, its officers, officials, employees and volunteers are named as additional insureds as respects general and auto liability as required per written contract.
General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s). 30 Day Notice of Cancellation
City of Redondo Beach
Attn: Lauren Sablan
Public Works Department
415 Diamond Street
Redondo Beach CA 90277
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.
Policy Expiration Date:
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: Endorsement Number:
Effective Date: Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address:
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
57WEOK8H18 02/01/2024
Twining, Inc.
PO BOX 47
Long Beach, CA 90801
02/01/2025
HG 00 01 09 16 Page 1 of 21
© 2016 The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.)
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage.
Read the entire policy carefully to determine rights,
duties and what is and is not covered.
Throughout this policy the words "you" and "your"
refer to the Named Insured shown in the
Declarations, and any other person or organization
qualifying as a Named Insured under this policy. The
words "we", "us" and "our" refer to the stock
insurance company member of The Hartford
providing this insurance.
The word "insured" means any person or
organization qualifying as such under Section II –
Who Is An Insured.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V –
Definitions.
SECTION I – COVERAGES
COVERAGE A BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "bodily injury" or "property
damage" to which this insurance applies. We
will have the right and duty to defend the
insured against any "suit" seeking those
damages. However, we will have no duty to
defend the insured against any "suit" seeking
damages for "bodily injury" or "property
damage" to which this insurance does not
apply. We may, at our discretion, investigate
any "occurrence" and settle any claim or "suit"
that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III – Limits
Of Insurance; and
(2) Our right and duty to defend ends when
we have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments – Coverages A and B.
b. This insurance applies to "bodily injury" and
"property damage" only if:
(1) The "bodily injury" or "property damage" is
caused by an "occurrence" that takes
place in the "coverage territory";
(2) The "bodily injury" or "property damage"
occurs during the policy period; and
(3) Prior to the policy period, no insured listed
under Paragraph 1. of Section II – Who Is
An Insured and no "employee" authorized
by you to give or receive notice of an
"occurrence" or claim, knew that the
"bodily injury" or "property damage" had
occurred, in whole or in part. If such a
listed insured or authorized "employee"
knew, prior to the policy period, that the
"bodily injury" or "property damage"
occurred, then any continuation, change
or resumption of such "bodily injury" or
"property damage" during or after the
policy period will be deemed to have been
known prior to the policy period.
c. "Bodily injury" or "property damage" will be
deemed to have been known to have
occurred at the earliest time when any
insured listed under Paragraph 1. of Section II
– Who Is An Insured or any "employee"
authorized by you to give or receive notice of
an "occurrence" or claim:
(1) Reports all, or any part, of the "bodily
injury" or "property damage" to us or any
other insurer;
(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
(3) Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
d. Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or
death resulting at any time from the "bodily
injury".
e. Incidental Medical Malpractice And Good
Samaritan Coverage
"Bodily injury" arising out of the rendering of
or failure to render the following health care
services by any "employee" or "volunteer
worker" shall be deemed to be caused by an
"occurrence" for:
Policy #:57UUNOZ0036
(1) Professional health care services such as:
(a) Medical, surgical, dental, laboratory, xray or nursing services or treatment, advice or instruction, or the related
furnishing of food or beverages;
(b) Any health or therapeutic service,
treatment, advice or instruction; or
(c) The furnishing or dispensing of drugs
or medical, dental, or surgical supplies
or appliances; or
(2) First aid services, which include:
(a) Cardiopulmonary resuscitation,
whether performed manually or with a
defibrillator; or
(b) Services performed as a Good
Samaritan.
For the purpose of determining the limits of
insurance, any act or omission together with
all related acts or omissions in the furnishing
of these services to any one person will be
considered one "occurrence".
However, this Incidental Medical Malpractice
And Good Samaritan Coverage provision
applies only if you are not engaged in the
business or occupation of providing any of the
services described in this provision.
2. Exclusions
This insurance does not apply to:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the
insured. This exclusion does not apply to
"bodily injury" or "property damage" resulting
from the use of reasonable force to protect
persons or property.
b. Contractual Liability
"Bodily injury" or "property damage" for which
the insured is obligated to pay damages by
reason of the assumption of liability in a
contract or agreement. This exclusion does
not apply to liability for damages:
(1) That the insured would have in the
absence of the contract or agreement; or
(2) Assumed in a contract or agreement that
is an "insured contract", provided the
"bodily injury" or "property damage"
occurs subsequent to the execution of the
contract or agreement. Solely for the
purposes of liability assumed in an
"insured contract", reasonable attorney
fees and necessary litigation expenses
incurred by or for a party other than an
insured are deemed to be damages
because of "bodily injury" or "property
damage", provided:
(a) Liability to such party for, or for the
cost of, that party's defense has also
been assumed in the same "insured
contract"; and
(b) Such attorney fees and litigation
expenses are for defense of that party
against a civil or alternative dispute
resolution proceeding in which
damages to which this insurance
applies are alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for which
any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication
of any person;
(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or
under the influence of alcohol; or
(3) Any statute, ordinance or regulation
relating to the sale, gift, distribution or use
of alcoholic beverages.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in:
(a) The supervision, hiring, employment,
training or monitoring of others by that
insured; or
(b) Providing or failing to provide
transportation with respect to any
person that may be under the influence
of alcohol;
if the "occurrence" which caused the "bodily
injury" or "property damage", involved that
which is described in Paragraph (1), (2) or (3)
above.
However, this exclusion applies only if you
are in the business of manufacturing,
distributing, selling, serving or furnishing
alcoholic beverages. For the purposes of this
exclusion, permitting a person to bring
alcoholic beverages on your premises, for
consumption on your premises, whether or
not a fee is charged or a license is required
for such activity, is not by itself considered the
business of selling, serving or furnishing
alcoholic beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or
unemployment compensation law or any
similar law.
e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of
and in the course of:
HG 00 01 09 16 Page 3 of 21
(a) Employment by the insured; or
(b) Performing duties related to the
conduct of the insured's business; or
(2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph (1) above.
This exclusion applies:
(1) Whether the insured may be liable as an
employer or in any other capacity; and
(2) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
f. Pollution
(1) "Bodily injury" or "property damage"
arising out of the actual, alleged or
threatened discharge, dispersal, seepage,
migration, release or escape of
"pollutants":
(a) At or from any premises, site or
location which is or was at any time
owned or occupied by, or rented or
loaned to, any insured. However, this
subparagraph does not apply to:
(i) "Bodily injury" if sustained within a
building and caused by smoke,
fumes, vapor or soot produced by
or originating from equipment that
is used to heat, cool or dehumidify
the building, or equipment that is
used to heat water for personal
use, by the building's occupants or
their guests;
(ii) "Bodily injury" or "property damage"
for which you may be held liable, if
you are a contractor and the owner
or lessee of such premises, site or
location has been added to your
policy as an additional insured with
respect to your ongoing operations
performed for that additional
insured at that premises, site or
location and such premises, site or
location is not and never was
owned or occupied by, or rented or
loaned to, any insured, other than
that additional insured; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire";
(b) At or from any premises, site or
location which is or was at any time
used by or for any insured or others for
the handling, storage, disposal,
processing or treatment of waste;
(c) Which are or were at any time
transported, handled, stored, treated,
disposed of, or processed as waste by
or for:
(i) Any insured; or
(ii) Any person or organization for
whom you may be legally
responsible;
(d) At or from any premises, site or
location on which any insured or any
contractors or subcontractors working
directly or indirectly on any insured's
behalf are performing operations if the
"pollutants" are brought on or to the
premises, site or location in connection
with such operations by such insured,
contractor or subcontractor. However,
this subparagraph does not apply to:
(i) "Bodily injury" or "property damage"
arising out of the escape of fuels,
lubricants or other operating fluids
which are needed to perform the
normal electrical, hydraulic or
mechanical functions necessary for
the operation of "mobile equipment"
or its parts, if such fuels, lubricants
or other operating fluids escape
from a vehicle part designed to
hold, store or receive them. This
exception does not apply if the
"bodily injury" or "property damage"
arises out of the intentional
discharge, dispersal or release of
the fuels, lubricants or other
operating fluids, or if such fuels,
lubricants or other operating fluids
are brought on or to the premises,
site or location with the intent that
they be discharged, dispersed or
released as part of the operations
being performed by such insured,
contractor or subcontractor;
(ii) "Bodily injury" or "property damage"
sustained within a building and
caused by the release of gases,
fumes or vapors from materials
brought into that building in
connection with operations being
performed by you or on your behalf
by a contractor or subcontractor; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire"; or
(e) At or from any premises, site or
location on which any insured or any
contractors or subcontractors working
directly or indirectly on any insured's
behalf are performing operations if the
operations are to test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants".
(2) Any loss, cost or expense arising out of
any:
(a) Request, demand, order or statutory or
regulatory requirement that any
insured or others test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants"; or
(b) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or
in any way responding to, or assessing
the effects of, "pollutants".
However, this paragraph does not apply to
liability for damages because of "property
damage" that the insured would have in
the absence of such request, demand,
order or statutory or regulatory
requirement, or such claim or "suit" by or
on behalf of a governmental authority.
g. Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising
out of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto" or
watercraft owned or operated by or rented or
loaned to any insured. Use includes operation
and "loading or unloading".
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" involved the ownership,
maintenance, use or entrustment to others of
any aircraft, "auto" or watercraft that is owned
or operated by or rented or loaned to any
insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises you
own or rent;
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons for a
charge;
(3) Parking an "auto" on, or on the ways next
to, premises you own or rent, provided the
"auto" is not owned by or rented or loaned
to you or the insured;
(4) Liability assumed under any "insured
contract" for the ownership, maintenance
or use of aircraft or watercraft;
(5) "Bodily injury" or "property damage"
arising out of:
(a) The operation of machinery or
equipment that is attached to, or part
of, a land vehicle that would qualify
under the definition of "mobile
equipment" if it were not subject to a
compulsory or financial responsibility
law or other motor vehicle insurance
law where it is licensed or principally
garaged; or
(b) The operation of any of the machinery
or equipment listed in Paragraph f.(2)
or f.(3) of the definition of "mobile
equipment"; or
(6) An aircraft that is not owned by any
insured and is hired, chartered or loaned
with a paid crew. However, this exception
does not apply if the insured has any other
insurance for such "bodily injury" or
"property damage", whether the other
insurance is primary, excess, contingent
or on any other basis.
h. Mobile Equipment
"Bodily injury" or "property damage" arising
out of:
(1) The transportation of "mobile equipment"
by an "auto" owned or operated by or
rented or loaned to any insured; or
(2) The use of "mobile equipment" in, or while
in practice for, or while being prepared for,
any prearranged racing, speed,
demolition, or stunting activity.
i. War
"Bodily injury" or "property damage", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents;
or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
j. Damage To Property
"Property damage" to:
HG 00 01 09 16 Page 5 of 21
(1) Property you own, rent, or occupy,
including any costs or expenses incurred
by you, or any other person, organization
or entity, for repair, replacement,
enhancement, restoration or maintenance
of such property for any reason, including
prevention of injury to a person or damage
to another's property;
(2) Premises you sell, give away or abandon,
if the "property damage" arises out of any
part of those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody or
control of the insured;
(5) That particular part of real property on
which you or any contractors or
subcontractors
working directly or indirectly on your behalf
are performing operations, if the "property
damage" arises out of those operations; or
(6) That particular part of any property that
must be restored, repaired or replaced
because "your work" was incorrectly
performed on it.
Paragraphs (1), (3) and (4) of this exclusion
do not apply to "property damage" (other than
damage by fire) to premises, including the
contents of such premises, rented to you for a
period of seven or fewer consecutive days. A
separate limit of insurance applies to Damage
To Premises Rented To You as described in
Section III – Limits Of Insurance.
Paragraph (2) of this exclusion does not apply
if the premises are "your work" and were
never occupied, rented or held for rental by
you.
Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" arising from
the use of elevators.
Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.
Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" to borrowed
equipment while not being used to perform
operations at the job site.
Paragraph (6) of this exclusion does not apply
to "property damage" included in the
"products-completed operations hazard".
k. Damage To Your Product
"Property damage" to "your product" arising
out of it or any part of it.
l. Damage To Your Work
"Property damage" to "your work" arising out
of it or any part of it and included in the
"products-completed operations hazard".
This exclusion does not apply if the damaged
work or the work out of which the damage
arises was performed on your behalf by a
subcontractor.
m. Damage To Impaired Property Or Property
Not Physically Injured
"Property damage" to "impaired property" or
property that has not been physically injured,
arising out of:
(1) A defect, deficiency, inadequacy or
dangerous condition in "your product" or
"your work"; or
(2) A delay or failure by you or anyone acting
on your behalf to perform a contract or
agreement in accordance with its terms.
This exclusion does not apply to the loss of
use of other property arising out of sudden
and accidental physical injury to "your
product" or "your work" after it has been put
to its intended use.
n. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the loss
of use, withdrawal, recall, inspection, repair,
replacement, adjustment, removal or disposal
of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work, or property is withdrawn
or recalled from the market or from use by
any person or organization because of a
known or suspected defect, deficiency,
inadequacy or dangerous condition in it.
o. Personal And Advertising Injury
"Bodily injury" arising out of "personal and
advertising injury".
p. Access or Disclosure Of Confidential Or
Personal Information And Data-related
Liability
Damages arising out of:
(1) Any access to or disclosure of any
person's or organization's confidential or
personal information, including patents,
trade secrets, processing methods,
customer lists, financial information, credit
card information, health information or any
other type of nonpublic information; or
(2) The loss of, loss of use of, damage to,
corruption of, inability to access, or
inability to manipulate electronic data.
This exclusion applies even if damages are
claimed for notification costs, credit
monitoring expenses, forensic expenses,
public relations expenses or any other loss,
cost or expense incurred by you or others
arising out of that which is described in
Paragraph (1) or (2) above.
However, unless Paragraph (1) above
applies, this exclusion does not apply to
damages because of "bodily injury”.
As used in this exclusion, electronic data
means information, facts or programs stored
as or on, created or used on, or transmitted to
or from computer software, including systems
and applications software, hard or floppy
disks, CD-ROMS, tapes, drives, cells, data
processing devices or any other media which
are used with electronically controlled
equipment.
q. Employment-Related Practices
"Bodily injury" to:
(1) A person arising out of any "employment–
related practices"; or
(2) The spouse, child, parent, brother or sister
of that person as a consequence of "bodily
injury" to that person at whom any
"employment-related practices" are
directed.
This exclusion applies:
(1) Whether the injury-causing event
described in the definition of "employmentrelated practices" occurs before employment, during employment or after
employment of that person;
(2) Whether the insured may be liable as an
employer or in any other capacity; and
(3) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
r. Asbestos
(1) "Bodily injury" or "property damage"
arising out of the "asbestos hazard".
(2) Any damages, judgments, settlements,
loss, costs or expenses that:
(a) May be awarded or incurred by reason
of any claim or suit alleging actual or
threatened injury or damage of any
nature or kind to persons or property
which would not have occurred in
whole or in part but for the "asbestos
hazard";
(b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or others
test for, monitor, clean up, remove,
encapsulate, contain, treat, detoxify or
neutralize or in any way respond to or
assess the effects of an "asbestos
hazard"; or
(c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
s. Recording And Distribution Of Material Or
Information In Violation Of Law
"Bodily injury" or "property damage" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such law;
(3) The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transaction Act (FACTA); or
(4) Any federal, state or local statute,
ordinance or regulation, other than the
TCPA or CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
addresses, prohibits or limits the printing,
dissemination, disposal, collecting,
recording, sending, transmitting,
communicating or distribution of material
or information.
Damage To Premises Rented To You –
Exception For Damage By Fire, Lightning Or
Explosion
Exclusions c. through h. and j. through n. do not
apply to damage by fire, lightning or explosion to
premises while rented to you or temporarily
occupied by you with permission of the owner. A
separate limit of insurance applies to this
coverage as described in Section III – Limits Of
Insurance.
COVERAGE B PERSONAL AND ADVERTISING
INJURY LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "personal and advertising injury"
to which this insurance applies. We will have
the right and duty to defend the insured
against any "suit" seeking those damages.
However, we will have no duty to defend the
insured against any "suit" seeking damages
for "personal and advertising injury" to which
this insurance does not apply. We may, at our
HG 00 01 09 16 Page 7 of 21
discretion, investigate any offense and settle
any claim or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III – Limits
Of Insurance; and
(2) Our right and duty to defend end when we
have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments – Coverages A and B.
b. This insurance applies to "personal and
advertising injury" caused by an offense
arising out of your business but only if the
offense was committed in the "coverage
territory" during the policy period.
2. Exclusions
This insurance does not apply to:
a. Knowing Violation Of Rights Of Another
"Personal and advertising injury" arising out of
an offense committed by, at the direction or
with the consent or acquiescence of the
insured with the expectation of inflicting
"personal and advertising injury".
b. Material Published With Knowledge Of
Falsity
"Personal and advertising injury" arising out of
oral, written or electronic publication, in any
manner, of material, if done by or at the
direction of the insured with knowledge of its
falsity.
c. Material Published Prior To Policy Period
"Personal and advertising injury" arising out of
oral, written or electronic publication, in any
manner, of material whose first publication
took place before the beginning of the policy
period.
d. Criminal Acts
"Personal and advertising injury" arising out of
a criminal act committed by or at the direction
of the insured.
e. Contractual Liability
"Personal and advertising injury" for which the
insured has assumed liability in a contract or
agreement. This exclusion does not apply to
liability for damages that the insured would
have in the absence of the contract or
agreement.
f. Breach Of Contract
"Personal and advertising injury" arising out of a
breach of contract, except an implied contract to
use another's "advertising idea" in your
"advertisement".
g. Quality Or Performance Of Goods –
Failure To Conform To Statements
"Personal and advertising injury" arising out of
the failure of goods, products or services to
conform with any statement of quality or
performance made in your "advertisement".
h. Wrong Description Of Prices
"Personal and advertising injury" arising out of
the wrong description of the price of goods,
products or services.
i. Infringement Of Intellectual Property
Rights
(1) "Personal and advertising injury" arising
out of any actual or alleged infringement
or violation of any intellectual property
rights such as copyright, patent,
trademark, trade name, trade secret, trade
dress, service mark or other designation
of origin or authenticity; or
(2) Any injury or damage alleged in any clam
or "suit" that also alleges an infringement
or violation of any intellectual property
right, whether such allegation of
infringement or violation is made by you or
by any other party involved in the claim or
"suit", regardless of whether this
insurance would otherwise apply.
However, this exclusion does not apply if the
only allegation in the claim or "suit" involving
any intellectual property right is limited to:
(1) Infringement, in your "advertisement", of:
(a) Copyright;
(b) Slogan; or
(c) Title of any literary or artistic work; or
(2) Copying, in your "advertisement", a
person’s or organization’s "advertising
idea" or style of "advertisement".
j. Insureds In Media And Internet Type
Businesses
"Personal and advertising injury" committed
by an insured whose business is:
(1) Advertising, broadcasting, publishing or
telecasting;
(2) Designing or determining content of web
sites for others; or
(3) An Internet search, access, content or
service provider.
However, this exclusion does not apply to
Paragraphs a., b. and c. of the definition of
"personal and advertising injury" under the
Definitions Section.
For the purposes of this exclusion, the placing
of frames, borders or links, or advertising, for
you or others anywhere on the Internet, is not
by itself, considered the business of
advertising, broadcasting, publishing or
telecasting.
k. Electronic Chatrooms Or Bulletin Boards
"Personal and advertising injury" arising out of
an electronic chatroom or bulletin board the
insured hosts, owns, or over which the
insured exercises control.
l. Unauthorized Use Of Another's Name Or
Product
"Personal and advertising injury" arising out of
the unauthorized use of another's name or
product in your e-mail address, domain name
or metatags, or any other similar tactics to
mislead another's potential customers.
m. Pollution
"Personal and advertising injury" arising out of
the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants" at any time.
n. Pollution-Related
Any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or
regulatory requirement that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects
of, "pollutants"; or
(2) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or in
any way responding to, or assessing the
effects of, "pollutants".
o. War
"Personal and advertising injury", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents;
or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
p. Internet Advertisements And Content Of
Others
"Personal and advertising injury" arising out
of:
(1) An "advertisement" for others on your web
site;
(2) Placing a link to a web site of others on
your web site;
(3) Content, including information, sounds,
text, graphics, or images from a web site
of others displayed within a frame or
border on your web site; or
(4) Computer code, software or programming
used to enable:
(a) Your web site; or
(b) The presentation or functionality of an
"advertisement" or other content on
your web site.
q. Right Of Privacy Created By Statute
"Personal and advertising injury" arising out of
the violation of a person's right of privacy
created by any state or federal act.
However, this exclusion does not apply to
liability for damages that the insured would
have in the absence of such state or federal
act.
r. Violation Of Anti-Trust law
"Personal and advertising injury" arising out of
a violation of any anti-trust law.
s. Securities
"Personal and advertising injury" arising out of
the fluctuation in price or value of any stocks,
bonds or other securities.
t. Recording And Distribution Of Material Or
Information In Violation Of Law
"Personal and advertising injury" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such law;
(3) The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transaction Act (FACTA); or
(4) Any federal, state or local statute,
ordinance or regulation, other than the
TCPA or CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
addresses, prohibits or limits the printing,
dissemination, disposal, collecting,
recording, sending, transmitting,
communicating or distribution of material
or information.
HG 00 01 09 16 Page 9 of 21
u. Employment-Related Practices
"Personal and advertising injury" to:
(1) A person arising out of any "employment–
related practices"; or
(2) The spouse, child, parent, brother or sister
of that person as a consequence of
"personal and advertising injury" to that
person at whom any "employment-related
practices" are directed.
This exclusion applies:
(1) Whether the injury-causing event
described in the definition of "employmentrelated practices" occurs before employment, during employment or after
employment of that person;
(2) Whether the insured may be liable as an
employer or in any other capacity; and
(3) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
v. Asbestos
(1) "Personal and advertising injury" arising
out of the "asbestos hazard".
(2) Any damages, judgments, settlements,
loss, costs or expenses that:
(a) May be awarded or incurred by reason
of any claim or suit alleging actual or
threatened injury or damage of any
nature or kind to persons or property
which would not have occurred in
whole or in part but for the "asbestos
hazard";
(b) Arise out of any request, demand,
order or statutory or regulatory
requirement that any insured or others
test for, monitor, clean up, remove,
encapsulate, contain, treat, detoxify or
neutralize or in any way respond to or
assess the effects of an "asbestos
hazard"; or
(c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
w. Access Or Disclosure Of Confidential Or
Personal Information
"Personal and advertising injury" arising out of
any access to or disclosure of any person's or
organization's confidential or personal
information, including patents, trade secrets,
processing methods, customer lists, financial
information, credit card information, health
information or any other type of nonpublic
information.
This exclusion applies even if damages are
claimed for notification costs, credit
monitoring expenses, forensic expenses,
public relations expenses or any other loss,
cost or expense incurred by you or others
arising out of any access to or disclosure of
any person's or organization's confidential or
personal information.
COVERAGE C MEDICAL PAYMENTS
1. Insuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an
accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or
rent; or
(3) Because of your operations;
provided that:
(1) The accident takes place in the "coverage
territory" and during the policy period;
(2) The expenses are incurred and reported
to us within three years of the date of the
accident; and
(3) The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
b. We will make these payments regardless of
fault. These payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, X-ray and
dental services, including prosthetic
devices; and
(3) Necessary ambulance, hospital,
professional nursing and funeral services.
2. Exclusions
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of premises
you own or rent that the person normally
occupies.
d. Workers Compensation And Similar Laws
To a person, whether or not an "employee" of
any insured, if benefits for the "bodily injury" are
payable or must be provided under a workers'
compensation or disability benefits law or a
similar law.
e. Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports, or athletic
contests.
f. Products-Completed Operations Hazard
Included within the "products-completed
operations hazard".
g. Coverage A Exclusions
Excluded under Coverage A.
SUPPLEMENTARY PAYMENTS – COVERAGES
A AND B
1. We will pay, with respect to any claim we
investigate or settle, or any "suit" against an
insured we defend:
a. All expenses we incur.
b. Up to $1,000 for cost of bail bonds required
because of accidents or traffic law violations
arising out of the use of any vehicle to which
the Bodily Injury Liability Coverage applies.
We do not have to furnish these bonds.
c. The cost of appeal bonds or bonds to release
attachments, but only for bond amounts
within the applicable limit of insurance. We do
not have to furnish these bonds.
d. All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or "suit",
including actual loss of earnings up to $500 a
day because of time off from work.
e. All court costs taxed against the insured in
the "suit". However, such costs do not
include attorneys' fees, attorneys' expenses,
witness or expert fees, or any other expenses
of a party taxed to the insured.
f. Prejudgment interest awarded against the
insured on that part of the judgment we pay. If
we make an offer to pay the applicable limit of
insurance, we will not pay any prejudgment
interest based on that period of time after the
offer.
g. All interest on the full amount of any judgment
that accrues after entry of the judgment and
before we have paid, offered to pay, or
deposited in court the part of the judgment
that is within the applicable limit of insurance.
These payments will not reduce the limits of
insurance.
2. If we defend an insured against a "suit" and an
indemnitee of the insured is also named as a
party to the "suit", we will defend that indemnitee
if all of the following conditions are met:
a. The "suit" against the indemnitee seeks
damages for which the insured has assumed
the liability of the indemnitee in a contract or
agreement that is an "insured contract";
b. This insurance applies to such liability
assumed by the insured;
c. The obligation to defend, or the cost of the
defense of, that indemnitee, has also been
assumed by the insured in the same "insured
contract";
d. The allegations in the "suit" and the
information we know about the "occurrence"
are such that no conflict appears to exist
between the interests of the insured and the
interests of the indemnitee;
e. The indemnitee and the insured ask us to
conduct and control the defense of that
indemnitee against such "suit" and agree that
we can assign the same counsel to defend
the insured and the indemnitee; and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation,
settlement or defense of the "suit";
(b) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
"suit";
(c) Notify any other insurer whose
coverage is available to the
indemnitee; and
(d) Cooperate with us with respect to
coordinating other applicable
insurance available to the indemnitee;
and
(2) Provides us with written authorization to:
(a) Obtain records and other information
related to the "suit"; and
(b) Conduct and control the defense of the
indemnitee in such "suit".
So long as the above conditions are met,
attorneys' fees incurred by us in the defense of
that indemnitee,
necessary litigation expenses incurred by us and
necessary litigation expenses incurred by the
indemnitee at our request will be paid as
Supplementary Payments. Notwithstanding the
provisions of Paragraph 2.b.(2) of Section I –
Coverage A – Bodily Injury And Property
Damage Liability, such payments will not be
deemed to be damages for "bodily injury" and
"property damage" and will not reduce the limits
of insurance.
HG 00 01 09 16 Page 11 of 21
Our obligation to defend an insured's indemnitee
and to pay for attorneys' fees and necessary
litigation expenses as Supplementary Payments
ends when:
a. We have used up the applicable limit of
insurance in the payment of judgments or
settlements; or
b. The conditions set forth above, or the terms of
the agreement described in Paragraph f.
above, are no longer met.
SECTION II – WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the conduct
of a business of which you are the sole
owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c. A limited liability company, you are an
insured. Your members are also insureds, but
only with respect to the conduct of your
business. Your managers are insureds, but
only with respect to their duties as your
managers.
d. An organization other than a partnership, joint
venture or limited liability company, you are
an insured. Your "executive officers" and
directors are insureds, but only with respect to
their duties as your officers or directors. Your
stockholders are also insureds, but only with
respect to their liability as stockholders.
e. A trust, you are an insured. Your trustees are
also insureds, but only with respect to their
duties as trustees.
2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either your "executive officers" (if you are
an organization other than a partnership, joint
venture or limited liability company) or your
managers (if you are a limited liability
company), but only for acts within the scope
of their employment by you or while
performing duties related to the conduct of
your business.
However, none of these "employees" or
"volunteer workers" are insureds for:
(1) "Bodily injury" or "personal and advertising
injury":
(a) To you, to your partners or members (if
you are a partnership or joint venture),
to your members (if you are a limited
liability company), to a co-"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other "volunteer
workers" while performing duties
related to the conduct of your
business;
(b) To the spouse, child, parent, brother or
sister of that co-"employee" or that
"volunteer worker" as a consequence
of Paragraph (1)(a) above;
(c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because
of the injury described in Paragraphs
(1)(a) or (1)(b) above; or
(d) Arising out of his or her providing or
failing to provide professional health
care services.
If you are not in the business of providing
professional health care services:
(a) Subparagraphs (1)(a), (1)(b) and (1)(c)
above do not apply to any "employee"
or "volunteer worker" providing first aid
services; and
(b) Subparagraph (1)(d) above does not
apply to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.
(2) "Property damage" to property:
(a) Owned, occupied or used by,
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by
you, any of your "employees", "volunteer
workers", any partner or member (if you
are a partnership or joint venture), or any
member (if you are a limited liability
company).
b. 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 Coverage Part.
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 the Coverage Part.
The insurance afforded herein for any
subsidiary not named in this Coverage Part
as a named insured does not apply to injury
or damage with respect to which such insured
is also a named insured under another policy
or would be a named insured under such
policy but for its termination or 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;
b. Coverage A does not apply to "bodily injury"
or "property damage" that occurred before
you acquired or formed the organization; and
c. Coverage B does not apply to "personal and
advertising injury" arising out of an offense
committed before you acquired or formed the
organization.
4. 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.
5. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The following person(s) or organization(s) are an
additional insured when you have agreed, in a
written 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.
A person or organization is an additional insured
under this provision only for that period of time
required by the contract or agreement.
However, no such person or organization is an
insured under this provision if such person or
organization is included as an insured by an
endorsement issued by us and made a part of
this Coverage Part.
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 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;
(e) Any failure to make such inspections,
adjustments, tests or servicing as the
vendor has agreed to make or normally
HG 00 01 09 16 Page 13 of 21
undertakes to make in the usual
course of business, in connection with
the distribution or sale of the products;
(f) Demonstration, installation, servicing
or repair operations, except such
operations performed at the vendor's
premises in connection with the sale of
the product;
(g) Products which, after distribution or
sale by you, have been labeled or
relabeled or used as a container, part
or ingredient of any other thing or
substance by or for the vendor; or
(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:
(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(s) or organization(s) 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(s) or organization(s).
(2) With respect to the insurance afforded to
these additional insureds this insurance
does not apply to any "occurrence" which
takes place after the equipment lease
expires.
c. Lessors Of Land Or Premises
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.
With respect to the insurance afforded these
additional insureds the following additional
exclusions apply:
This insurance does not apply to:
1. Any "occurrence" which takes place after
you cease to lease that land; or
2. Structural alterations, new construction or
demolition operations performed by or on
behalf of such person or organization.
d. Architects, Engineers Or Surveyors
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:
(1) In connection with your premises; or
(2) In the performance of your ongoing
operations performed by you or on your
behalf.
With respect to the insurance afforded 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:
1. The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
2. Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage", or the offense which caused the
"personal and advertising injury", involved the
rendering of or the failure to render any
professional services by or for you.
e. Permits Issued By State Or Political
Subdivisions
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.
With respect to the insurance afforded these
additional insureds, this insurance does not
apply to:
(1) "Bodily injury", "property damage" or
"personal and advertising injury" arising
out of operations performed for the state
or municipality; or
(2) "Bodily injury" or "property damage"
included within the "products-completed
operations hazard".
f. Any Other Party
Any other person or organization who is not
an additional 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:
(1) In the performance of your ongoing
operations;
(2) In connection with your premises owned
by or rented to you; or
(3) In connection with "your work" and
included within the "products-completed
operations hazard", but only if
(a) The written contract or agreement
requires you to provide such coverage
to such additional insured; and
(b) This Coverage Part provides coverage
for "bodily injury" or "property damage"
included within the "productscompleted operations hazard".
However:
(1) The insurance afforded to such additional
insured only applies to the extent
permitted by law; and
(2) If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such
additional insured.
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:
(1) The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
(2) Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage", or the offense which caused the
"personal and advertising injury", involved the
rendering of or the failure to render any
professional services by or for you.
The limits of insurance that apply to additional
insureds is described in Section III – Limits Of
Insurance.
How this insurance applies when other insurance
is available to the additional insured is described
in the Other Insurance Condition in Section IV –
Commercial General Liability 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.
SECTION III – 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. General Aggregate Limit
The General Aggregate Limit is the most we will
pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except
damages because of "bodily injury" or
"property damage" included in the "productscompleted operations hazard"; and c. Damages under Coverage B.
3. Products-Completed Operations Aggregate
Limit
The Products-Completed Operations Aggregate
Limit is the most we will pay under Coverage A
for damages because of "bodily injury" and
"property damage" included in the "productscompleted operations hazard".
4. Personal And Advertising Injury Limit
Subject to 2. above, the Personal and
Advertising Injury Limit is the most we will pay
under Coverage B for the sum of all damages
because of all "personal and advertising injury"
sustained by any one person or organization.
5. Each Occurrence Limit
Subject to 2. or 3. above, whichever applies, the
Each Occurrence Limit is the most we will pay for
the sum of:
a. Damages under Coverage A; and
HG 00 01 09 16 Page 15 of 21
b. Medical expenses under Coverage C
because of all "bodily injury" and "property
damage" arising out of any one "occurrence".
6. Damage To Premises Rented To You Limit
Subject to 5. above, the Damage To Premises
Rented To You Limit is the most we will pay
under Coverage A 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.
7. Medical Expense Limit
Subject to 5. above, the Medical Expense Limit is
the most we will pay under Coverage C for all
medical expenses because of "bodily injury"
sustained by any one person.
8. How Limits Apply To Additional Insureds
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
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.
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.
SECTION IV – COMMERCIAL GENERAL
LIABILITY CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our
obligations under this 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 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:
(1) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or "suit";
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation or
settlement of the claim or defense against
the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any person
or organization which may be liable to the
insured because of injury or damage to
which this insurance may also apply.
d. Obligations At The Insureds 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 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.
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 the additional
insured is a partnership;
(3) Any manager, if you or the additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or the additional insured is
a corporation;
(5) Any trustee, if you or the additional
insured is a trust; or
(6) Any elected or appointed official, if you or
the additional insured is a political
subdivision or public entity.
This duty applies separately to you and any
additional insured.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
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 Part 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 Coverage Part 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.
4. Other Insurance
If other valid and collectible insurance is
available to the insured for a loss we cover under
Coverages A or B of 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;
(3) 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 I – Coverage A – Bodily Injury
And Property Damage Liability;
(5) 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 j. of Section I - Coverage A -
Bodily Injury And Property Damage
Liability;
(6) When You Are Added As An Additional
Insured To Other Insurance
Any 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
(7) When You Add Others As An
Additional Insured To This Insurance
Any 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 or written
agreement that this insurance be
primary. If other insurance is also
HG 00 01 09 16 Page 17 of 21
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 noncontributory 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 Coverages A or B 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, 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 of 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.
5. Premium Audit
a. We will compute all premiums for this
Coverage Part in accordance with our rules
and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only.
At the close of each audit period we will
compute the earned premium for that period
and send notice to the first Named Insured.
The due date for audit and retrospective
premiums is the date shown as the due date
on the bill. If the sum of the advance and
audit premiums paid for the policy period is
greater than the earned premium, we will
return the excess to the first Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such
times as we may request.
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 that exist at the inception date of
this Coverage Part, we shall not deny
coverage under this Coverage Part because
of such failure.
7. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned in
this Coverage Part to the first Named Insured,
this insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
claim is made or "suit" is brought.
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.
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.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
nonrenewal not less than 30 days before the
expiration date.
If notice is mailed, proof of mailing will be
sufficient proof of notice.
SECTION V – DEFINITIONS
1. "Advertisement" means the widespread public
dissemination of information or images that has
the purpose of inducing the sale of goods,
products or services through:
a. (1) Radio;
(2) Television;
(3) Billboard;
(4) Magazine;
(5) Newspaper; or
b. Any other publication that is given widespread
public distribution.
However, "advertisement" does not include:
a. The design, printed material, information or
images contained in, on or upon the
packaging or labeling of any goods or
products; or
b. An interactive conversation between or
among persons through a computer network.
2. "Advertising idea" means any idea for an
"advertisement".
3. "Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.
4. "Auto" means:
a. A land motor vehicle, trailer or semitrailer
designed for travel on public roads, including
any attached machinery or equipment; or
b. Any other land vehicle that is subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law where it is
licensed or principally garaged.
However, "auto" does not include "mobile
equipment".
5. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time.
6. "Coverage territory" means:
a. The United States of America (including its
territories and possessions), Puerto Rico and
Canada;
b. International waters or airspace, but only if
the injury or damage occurs in the course of
travel or transportation between any places
included in a. above; or
c. All other parts of the world if the injury or
damage arises out of:
(1) Goods or products made or sold by you in
the territory described in a. above;
(2) The activities of a person whose home is
in the territory described in a. above, but is
away for a short time on your business; or
(3) "Personal and advertising injury" offenses
that take place through the Internet or
similar electronic means of communication
provided the insured's responsibility to pay
damages is determined in the United States of
America (including its territories and possessions),
Puerto Rico or Canada, in a "suit" on the merits
according to the substantive law in such territory or
in a settlement we agree to.
7. "Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".
8. "Employment-Related Practices" means:
a. Refusal to employ that person;
b. Termination of that person's employment; or
c. Employment-related practices, policies, acts
or omissions, such as coercion, demotion,
evaluation, reassignment, discipline,
defamation, harassment, humiliation,
discrimination or malicious prosecution
directed at that person.
9. "Executive officer" means a person holding any
of the officer positions created by your charter,
constitution, by-laws or any other similar
governing document.
10. "Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.
HG 00 01 09 16 Page 19 of 21
11."Impaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:
a. It incorporates "your product" or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by the
repair, replacement, adjustment or removal of
"your product" or "your work", or your fulfilling the
terms of the contract or agreement.
12."Insured contract" means:
a. A contract for a lease of premises. However,
that portion of the contract for a lease of
premises that indemnifies any person or
organization for damage by fire, lightning or
explosion to premises while rented to you or
temporarily occupied by you with permission
of the owner is subject to the Damage to
Premises Rented To You Limit described in
Section III – Limits of Insurance;
b. A sidetrack agreement;
c. Any easement or license agreement,
including an easement or license agreement
in connection with construction or demolition
operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to
indemnify a municipality, except in connection
with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement
pertaining to your business (including an
indemnification of a municipality in connection
with work performed for a municipality) under
which you assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to a third person or organization,
provided the "bodily injury" or "property
damage" is caused, in whole or in part, by
you or by those acting on your behalf. Tort
liability means a liability that would be
imposed by law in the absence of any
contract or agreement.
Paragraph f. includes that part of any contract
or agreement that indemnifies a railroad for
"bodily injury" or "property damage" arising
out of construction or demolition operations,
within 50 feet of any railroad property and
affecting any railroad bridge or trestle, tracks,
road-beds, tunnel, underpass or crossing.
However, Paragraph f. does not include that
part of any contract or agreement:
(1) That indemnifies an architect, engineer or
surveyor for injury or damage arising out
of:
(a) Preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; or
(b) Giving directions or instructions, or
failing to give them, if that is the
primary cause of the injury or damage;
or
(2) Under which the insured, if an architect,
engineer or surveyor, assumes liability for
an injury or damage arising out of the
insured's rendering or failure to render
professional services, including those listed
in (1) above and supervisory, inspection,
architectural or engineering activities.
13."Leased worker" means a person leased to you
by a labor leasing firm under an agreement
between you and the labor leasing firm, to
perform duties related to the conduct of your
business. "Leased worker" does not include a
"temporary worker".
14."Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an
aircraft, watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
"auto"; or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not
attached to the aircraft, watercraft or "auto".
15. "Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
b. Vehicles maintained for use solely on or next
to premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not,
maintained primarily to provide mobility to
permanently mounted:
(1) Power cranes, shovels, loaders, diggers or
drills; or
(2) Road construction or resurfacing
equipment such as graders, scrapers or
rollers;
e. Vehicles not described in a., b., c. or d. above
that are not self-propelled and are maintained
primarily to provide mobility to permanently
attached equipment of the following types:
(1) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment; or
(2) Cherry pickers and similar devices used to
raise or lower workers;
f. Vehicles not described in a., b., c. or d. above
maintained primarily for purposes other than
the transportation of persons or cargo.
However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but will
be considered "autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not
construction or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices
mounted on automobile or truck chassis
and used to raise or lower workers; and
(3) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment.
However, "mobile equipment" does not include
any land vehicle that is subject to a compulsory
or financial responsibility law or other motor
vehicle insurance law where it is licensed or
principally garaged. Land vehicles subject to a
compulsory or financial responsibility law or other
motor vehicle insurance law are considered
"autos".
16."Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.
17."Personal and advertising injury" means
injury, including consequential "bodily injury",
arising out of one or more of the following
offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or premises
that a person or organization occupies,
committed by or on behalf of its owner,
landlord or lessor;
d. Oral, written or electronic publication, in any
manner, of material that slanders or libels a
person or organization or disparages a
person's or organization's goods, products or
services;
e. Oral, written or electronic publication, in any
manner, of material that violates a person's
right of privacy;
f. Copying, in your "advertisement", a person’s
or organization’s "advertising idea" or style of
"advertisement"; or
g. Infringement of copyright, slogan, or title of
any literary or artistic work, in your
"advertisement".
18."Pollutants" mean any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
19."Products-completed operations hazard":
a. Includes all "bodily injury" and "property
damage" occurring away from premises you
own or rent and arising out of "your product"
or "your work" except:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet been completed or
abandoned. However, "your work" will be
deemed completed at the earliest of the
following times:
(a) When all of the work called for in your
contract has been completed.
(b) When all of the work to be done at the
job site has been completed if your
contract calls for work at more than
one job site.
(c) When that part of the work done at a
job site has been put to its intended
use by any person or organization
other than another contractor or
subcontractor working on the same
project.
Work that may need service,
maintenance, correction, repair or
replacement, but which is otherwise
complete, will be treated as completed.
b. Does not include "bodily injury" or "property
damage" arising out of:
(1) The transportation of property, unless the
injury or damage arises out of a condition
in or on a vehicle not owned or operated
by you, and that condition was created by
the "loading or unloading" of that vehicle
by any insured;
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials; or
(3) Products or operations for which the
classification, listed in the Declarations or
in a policy Schedule, states that products-
HG 00 01 09 16 Page 21 of 21
completed operations are subject to the
General Aggregate Limit.
20."Property damage" means:
a. Physical injury to tangible property, including
all resulting loss of use of that property. All
such loss of use shall be deemed to occur at
the time of the physical injury that caused it;
or
b. Loss of use of tangible property that is not
physically injured. All such loss of use shall
be deemed to occur at the time of the
"occurrence" that caused it.
As used in this definition, computerized or
electronically stored data, programs or software
are not tangible property. Electronic data means
information, facts or programs:
a. Stored as or on;
b. Created or used on; or
c. Transmitted to or from;
computer software, including systems and
applications software, hard or floppy disks, CDROMS, tapes, drives, cells, data processing devices or any other media which are used with
electronically controlled equipment.
21."Suit" means a civil proceeding in which
damages because of "bodily injury", "property
damage" or "personal and advertising injury" to
which this insurance applies are alleged. "Suit"
includes:
a. An arbitration proceeding in which such
damages are claimed and to which the
insured must submit or does submit with our
consent; or
b. Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits with
our consent.
22. "Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or
short-term workload conditions.
23."Volunteer worker" means a person who
a. Is not your "employee";
b. Donates his or her work;
c. Acts at the direction of and within the scope
of duties determined by you; and
d. Is not paid a fee, salary or other
compensation by you or anyone else for their
work performed for you.
24."Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose
business or assets you have acquired;
and
(2) Containers (other than vehicles),
materials, parts or equipment furnished in
connection with such goods or products.
b. Includes
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use of
"your product"; and
(2) The providing of or failure to provide
warnings or instructions.
c. Does not include vending machines or other
property rented to or located for the use of
others but not sold.
25."Your work":
a. Means:
(1) Work or operations performed by you or
on your behalf; and
(2) Materials, parts or equipment furnished in
connection with such work or operations.
b. Includes
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use of
"your work", and
(2) The providing of or failure to provide
warnings or instructions.
POLICY NUMBER:57 UUN OZ0036 ABCDEFGHIJ
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PER LOCATION AND PER PROJECT - AMENDMENT OF
GENERAL AGGREGATE SUBJECT TO MAXIMUM ANNUAL
AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Each Occurrence Limit $ 1,000,000
Personal and Advertising Injury Limit $ 1,000,000
Damage to Premises Rented to You – Any One Premises $ 300,000 Medical Expense Limit - Any One Person $ 5,000
General Aggregate Limit $
Location General Aggregate Limit $
Project General Aggregate Limit $
Maximum Annual Aggregate Limit $
Products-Completed Operations Aggregate Limit $ 2,000,000 In return for the payment of the premium when due and subject to all the terms of the Commercial General Liability Coverage Part not expressly modified herein, we agree with you as follows:
A. The LIMITS OF INSURANCE (SECTION III) is (1) Any one or more Location General deleted in its entirety and replaced with the Aggregate Limit(s), as described in following: paragraph below; or 4.
1. The Most We Will Pay (2) Any one or more Project General Aggregate Limit(s), as described in The Limits of Insurance shown in the above paragraph below. 5. Schedule and the rules below fix the most we will pay regardless of the number of: 3. General Aggregate Limit a. Insureds; Subject to above, the General Aggregate 2.
Limit is the most we will pay for the sum of: b. Claims made or "suits" brought; or a. Damages under Coverage B Personal c. Persons or organizations making claims and Advertising Injury Liability; and or bringing "suits". b. Damages under Coverage C Medical 2. Maximum Annual Aggregate Payments and Coverage A Bodily , The Maximum Annual Aggregate Limit is the Injury and Property Damage Liability, most we will pay for the sum of: with the following exceptions:
a. Damages under the General Aggregate (1) "Bodily injury" or "property damage" Limit; and included in the "products-completed b. Damages under: operations hazard";
Form HS 25 42 06 08 Page 1 of 3
© 2008, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.) 2,000,000
1,000,000
1,000,000
2,000,000
(2) "Bodily injury" or "property damage" Products-Completed Operations attributed solely to ongoing operations Aggregate Limit nor shall they reduce any at a single "location"; or other Location General Aggregate Limit. (3) "Bodily injury" or "property damage" 5. Project Aggregate Limit attributed solely to ongoing operations Subject to above: 2. at a single "project". If a written contract or written agreement or c. "Property damage" included as Damage permit requires a separate "project" general to Premises Rented to You. aggregate limit, the following will apply:
4. Location Aggregate Limit a. A separate Project General Aggregate Subject to above: 2. Limit applies to each single "project", in lieu of and not in addition to, the General a. A separate Location General Aggregate Aggregate. Such Project General Limit applies to each single "location", in Aggregate is the most we will pay for all lieu of and not in addition to, the General damages under Coverage A Bodily Aggregate. Such Location General Injury and Property Damage Liability, Aggregate is the most we will pay for all Coverage A Bodil or Coverage C Medical Payments, with damages under y the following exceptions: Injury and Property Damage Liability, or Coverage C Medical Payments, with (1) "Bodily injury" or "property damage" the following exceptions: included in the "products-completed operations hazard"; or (1) "Bodily injury" or "property damage" included in the "products-completed (2) "Property damage" included in the operations hazard"; or Damage to Premises Rented to You coverage; or (2) "Property damage" included in the
Damage to Premises Rented to You (3) "Bodily injury", "property damage", or coverage; or medical expenses under Coverage C, which cannot be attributed solely to (3) "Bodily injury", "property damage", or medical expenses under Coverage C the ongoing operations at a single , which cannot be attributed solely to "project". Such damages will erode the General Aggregate Limit as the ongoing operations at a single provided in paragraph above. 3. "location". Such damages will erode the General Aggregate Limit as b. The Project General Aggregate Limit:
provided in paragraph above. 3. (1) Applies only to "occurrences" b. The Location General Aggregate Limit: attributed solely to ongoing operations at a single "project"; and (1) Applies only to "occurrences" attributed solely to ongoing operations (2) Does not include damages for at a single "location"; and Coverage B Personal and
Advertising Injury Liability, no (2) Does not include damages for Coverage B Personal and matter where or in how many
Advertising Injury Liability "projects" the offense or offenses may , no matter where or in how many be committed. Such damages will erode the General Aggregate Limit as "locations" the offense or offenses may be committed. Such damages provided in paragraph above. 3. will erode the General Aggregate c. Any payments made under this paragraph Limit as provided in paragraph 3. 5., for damages for "bodily injury", above. "property damage", or medical expenses
under Coverage shall reduce t C, he c. Any payments made under this paragraph Maximum Annual Aggregate Limit and the 4., for damages for "bodily injury", Project General Aggregate for that "property damage", or medical expenses C, "project". Such payments shall not under Coverage shall reduce the Maximum Annual Aggregate Limit and the reduce the General Aggregate Limit or the Products-Completed Operations Location General Aggregate for that Aggregate Limit nor shall they reduce any "location". Such payments shall not other Project General Aggregate Limit. reduce the General Aggregate Limit or the Form HS 25 42 06 08 Page 2 of 3
6. Products-Completed Operations 11. How Limits Apply To Additional Insureds Aggregate Limit If you have agreed in a written contract or The Products-Completed Operations written agreement that another person or Aggregate Limit is the most we will pay for organization be added as an additional damages because of "bodily injury" and insured on your policy, the most we will pay "property damage" included in the "products- on behalf of such additional insured is the completed operations hazard". lesser of:
7. Personal And Advertising Injury Limit (1) The limits of insurance specified in the written contract or written agreement; or Subject to above, the Personal 3. and Advertising Injury Limit is the most we will pay (2) The Limits of Insurance shown in the under Coverage B Personal and Declarations.
Advertising Injury Liability for the sum of all Such amount shall be a part of and not in damages because of all "personal and addition to Limits of Insurance shown in the advertising injury" sustained by any one Declarations and described in this Section. person or organization. 12. If More Than One Limit of Insurance
8. Occurrence Limit Applies
Subject to 3., 4., 5., or 6. above, whichever If more than one limit of insurance under this applies, the Each Occurrence Limit is the Coverage Part and any endorsements most we will pay for damages under "bodily attached thereto applies to any claim or "suit", injury" or "property damage" arising out of any the most we will pay under this Coverage Part one "occurrence". and such endorsements is the single highest
9. Damages To Premises Rented To You limit of liability of all coverages applicable to Limit such claim or "suit".
Subject to above, the Damage to Premises 8. However, this paragraph does not apply t 12. o Rented to You Limit is the most we will pay for the Medical Expense Limit for Coverage C. damages because of "property damage" to The Limits of Insurance of this Coverage Part apply any one premises, while rented to you, or in separately to each consecutive annual period and to the case of damage by fire, lightning or any remaining period of less than 12 months, starting explosion, while rented to you or temporarily with the beginning of the policy period shown in the occupied by you with permission of the owner. Declarations, unless the policy period is extended In the case of damage by fire, lightning or after issuance for an additional period of less than 12 explosion, the Damage to Premises Rented to months. In that case, the additional period will be You Limit applies to all damage proximately deemed part of the last preceding period for purposes caused by the same event, whether such of determining the Limits of Insurance. damage results from fire, lightning or B. For the purposes of this endorsement, the explosion or any combination of these. Definitions Section is amended by the addition of The Damage to Premises Rented to You the following definitions:
Coverage is not subject to any Location "Location" means premises involving the same or General Aggregate Limit or any Project connecting lots, or premises whose connection is General Aggregate Limit, but will erode the interrupted only by a street, roadway, waterway or General Aggregate Limit. right of way of a railroad.
10. Medical Expense Limit "Project" means a jobsite including premises Subject to 3., 4., or 5. above, whichever involving the same or connecting lots, or premises applies, the Medical Expense Any One whose connection is interrupted only by a street, Person Limit is the most we will pay under roadway, waterway or right of way of a railroad. If Coverage C Medical Payments for all a "project" has been abandoned and then medical expenses because of "bodily injury" restarted, or if the authorized contracting parties sustained by any one person. deviate from plans, blueprints, designs, specifications or timetables, the project will still be Such Medical Payments Coverage is subject deemed as the same project. to either the Location General Aggregate Limit, Project General Aggregate Limit or the
General Aggregate Limit as provided in
paragraphs or above. 3., 4., 5.
Form HS 25 42 06 08 Page 3 of 3
COMMERCIAL AUTOMOBILE
HA 99 16 03 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.
1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your
personal affairs. The Named Insured shown in the
Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.1. - WHO IS AN INSURED - of partnership or joint venture, formed as a Section II - Liability Coverage is amended to subsidiary in which you have an add:
ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if:
include any subsidiary that is an (1) The agreement requires you to "insured" under any other automobile provide direct primary insurance for policy or would be an "insured" under the lessor and such a policy but for its termination or (2) The "auto" is leased without a driver. the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, "auto" you hire.
the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (1) Paragraph A.1. - WHO IS AN INSURED (a) That is a partnership or joint - of Section II - Liability Coverage is venture, amended to add:
(b) That is an "insured" under any other f. When you have agreed, in a written policy, contract or written agreement, that a
(c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an "insured", but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury" or "property damage" caused by the conduct of an "insured" under injury" or "property damage" that results paragraphs a. or b. of Who Is An from an "accident" that occurred before Insured with regard to the you formed or acquired the organization. ownership, maintenance or use of a B. Employees as Insureds covered "auto." Paragraph A.1. - WHO IS AN INSURED - of
SECTION II - LIABILITY COVERAGE is
amended to add:
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 5 Policy #: 57UENOZ0037
The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional
(1) During the policy period, and Insured If Required by Contract, the following provisions apply: (2) Subsequent to the execution of such written contract, and (3) Primary Insurance When Required By Contract (3) Prior to the expiration of the period
of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be primary. If other insurance is also (2) How Limits Apply primary, we will share with all that other If you have agreed in a written contract insurance by the method described in or written agreement that another Other Insurance 5.d.
person or organization be added as an
(4) Primary And Non-Contributory To Other additional insured on your policy, the m Insurance When Required By Contract ost we will pay on behalf of such additional insured is the lesser of: If you have agreed in a written contract or written agreement that this insurance (a) The limits of insurance specified in is primary and non-contributory with the the written contract or written additional insured's own insurance, this agreement; or
insurance is primary and we will not (b) The Limits of Insurance shown in seek contribution from that other the Declarations.
insurance.
Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown
insurance to which the additional insured
in the Declarations and described in this has been added as an additional insured. Section.
When this insurance is excess, we will have no (3) Additional Insureds Other Insurance duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of:
written contract or written agreement (1) The total amount that all such other that this insurance is primary and noninsurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance.
(2) The total of all deductible and self-insured (4) Duties in The Event Of Accident, Claim, amounts under all that other insurance. Suit or Loss We will share the remaining loss, if any, by the
If you have agreed in a written contract method described in Other Insurance 5.d. or written agreement that another
2. AUTOS RENTED BY EMPLOYEES person or organization be added as an additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire.
CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS – OF SECTION IV – BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured.
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee’s" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE
behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL be primary to the "employee’s" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of
3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000.
EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the "outstanding balance" of the loan/lease.
4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less If hired "autos" are covered "autos" for Liability Cov any amounts representing taxes; overdue erage and if Comprehensive, Specified Caus payments; penalties, interest or charges es of Loss, or Collision coverages are resulting from overdue payments; additional provided under this Coverage Form for any mileage charges; excess wear and tear charges; "auto" you own, then the Physical Damage Cov lease termination fees; security deposits not erages provided are extended to "autos" you returned by the lessor; costs for extended hire or borrow, subject to the following limit. warranties, credit life Insurance, health, accident The most we will pay for "loss" to any hired or disability insurance purchased with the loan or "auto" is:
lease; and carry-over balances from previous
(1) $100,000; loans or leases.
(2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the "loss"; or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE, the following is added:
whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag.
coverage. No deductible applies to "loss" caused 8. ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible
a. The exceptions to Paragraphs B.4 -
insurance. Subject to the above limit, deductible
EXCLUSIONS - of SECTION III - PHYSICAL and excess provisions, we will provide coverage DAMAGE COVERAGE are replaced by the equal to the broadest coverage applicable to any following: covered "auto" you own.
W Exclusions 4.c. and 4.d. do not apply to e will also cover loss of use of the hired "auto" equipment designed to be operated solely if it results from an "accident", you are legally by use of the power from the "auto's" liable and the lessor incurs an actual financial
electrical system that, at the time of "loss", loss, subject to a maximum of $1000 per is: "accident".
(1) Permanently installed in or upon This extension of coverage does not apply to the covered "auto"; any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), (2) Removable from a housing unit members (if you are a limited liability company), which is permanently installed in or members of their households. or upon the covered "auto"; (3) An integral part of the same unit
housing any electronic
equipment described in
Paragraphs (1) and (2) above; or
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 3 of 5 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered "auto" or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's" operating system. the same "accident", the following applies:
b.Section III – Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible, it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible.
$1,500 is the most we will pay for "loss" in 12. AMENDED DUTIES IN THE EVENT OF any one "accident" to all electronic ACCIDENT, CLAIM, SUIT OR LOSS equipment (other than equipment designed The requirement in LOSS CONDITIONS 2.a. - solely for the reproduction of sound, and DUTIES IN THE EVENT OF ACCIDENT,CLAIM, accessories used with such equipment) SUIT OR LOSS - of SECTION IV - BUSINESS that reproduces, receives or transmits AUTO CONDITIONS that you must notify us of audio, visual or data signals which, at the an "accident" applies only when the "accident" is time of "loss", is:
known to:
(1) Permanently installed in or upon (1) You, if you are an individual; the covered "auto" in a housing, opening or other location that is not (2) A partner, if you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company; or
such equipment; (4) An executive officer or insurance manager, if (2) Removable from a permanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or is an HAZARDS integral part of that equipment; or If you unintentionally fail to disclose any hazards (3) An integral part of such equipment. existing at the inception date of your policy, we c.For each covered "auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO - COVERAGE TERRITORY stolen electronic equipment will be reduced by
Paragraph e. of GENERAL CONDITIONS 7. - the applicable deductible shown in the Declarations POLICY PERIOD, COVERAGE TERRITORY - , or $250, whichever deductible is less. of SECTION IV - BUSINESS AUTO
CONDITIONS is replaced by the following: 9. EXTRA EXPENSE - BROADENED COVERAGE e. For short-term hired "autos", the coverage
territory with respect to Liability Coverage is Under Paragraph A. - COVERAGE - of SECTION anywhere in the world provided that if the III - PHYSICAL DAMAGE COVERAGE, we will "insured's" responsibility to pay damages for pay for the expense of returning a stolen covered
"bodily injury" or "property damage" is
"auto" to you. determined in a "suit," the "suit" is brought in
10. GLASS REPAIR - WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D. - DEDUCTIBLE - of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to.
No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY
11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by Under Paragraph D. - DEDUCTIBLE - of SECTION adding the following: III - PHYSICAL DAMAGE COVERAGE, the following is added:
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 4 of 5 We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss" is $10,000.
16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V- a.A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to move the auto but does not include autos "Bodily injury" means bodily injury, sickness or powered solely by electricity or natural gas. disease sustained by any person, including mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these. internal combustion engine and one or more
electric motors; and that uses the internal 17. EXTENDED CANCELLATION CONDITION combustion engine and one or more electric Paragraph 2. of the COMMON POLICY motors to move the auto, or the internal CONDITIONS - CANCELLATION - applies combustion engine to charge one or more except as follows: electric motors, which move the auto.
If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE nonpayment of premium, we will mail or deliver
In the event of a total loss to an "auto" for which to the first Named Insured written notice of Comprehensive, Specified Causes of Loss, or cancellation at least 60 days before the effective Collision coverages are provided under this date of cancellation.
Coverage Form, then such Physical Damage 18. HYBRID, ELECTRIC, OR NATURAL GAS Coverages are amended to add the following: VEHICLE PAYMENT COVERAGE In addition to the actual cash value of the "auto",
In the event of a total loss to a "non-hybrid" auto we will pay up to $1,000 for vinyl vehicle wraps for which Comprehensive, Specified Causes of which are displayed on the covered "auto" at the Loss, or Collision coverages are provided under time of total loss. Regardless of the number of this Coverage Form, then such Physical autos deemed a total loss, the most we will pay Damage Coverages are amended as follows: under this Vehicle Wrap Coverage provision for a.If the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of $2,500, of the "non-hybrid" auto’s not considered vehicle wraps. 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,"
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5