Agenda packet — South Lake Tahoe City Council, June 18, 2024 (part 2 of 11)

C-028-2023
Wildscape Engineering Inc.

Business Licence # 006076
2023Heather Sue Blankenship (Mar 16, 2023 13:24 PDT) Mar 16, Stroud ( Mar 16, 2023 13:29 PDT) Cristi Creegan ( Mar 16, 2023 15:31 PDT)
Cristi Creegan
Carol Beahan ( Mar 21, 2023 10: 29 PDT)
Carol Beahan
281
EXHIBIT A:

SCOPE OF SERVICES
C-028-2023 282
Wildscape Engineering, Inc.
855) 816- 6593 / ( 530) 600- 1810
www.wildscape- engineering. com
1 November 7, 2022
Mr. Jason Burke
Stormwater Program Coordinator
Public Works Department, City of South Lake Tahoe
1740 D Street
South Lake Tahoe, CA 96150
Subject: Budget Augment and Line Item Reassignment Request for Bijou Park Creek Phase 2 Restoration Project
To: Jason Burke,
The following details our budget augment request and line item re-assignment for the Bijou Park Creek Phase 2 Restoration Project. Attachment 1 provides the updated cost spreadsheet reflecting our proposed changes.

Existing Task Budget Increases
Subtask 1.1 Project Management, Outreach, Public Meetings, and Coordination: As a result of an extended project timeline and additional management required for USDA Forest Service coordination on the Bijou Park Creek SEZ restoration project and land/easement acquisitions, this includes an additional 24 hours of Project Management to manage the project into Spring 2023.

Augment Cost: $ 3,600
Subtask 2.1 Supplemental Survey: Partway through the project the contracted surveyor, Insite Land Surveys requested to be removed from the project in order to focus solely on smaller efforts. In response, Wildscape hired another consultant and the design team developed marked up survey maps. The Wildscape Project Manager and CAD technician coordinated and met on site with the new surveyor to provide an orientation to the project and review survey needs. Due to the extensive number of individual sites and need to recheck prior survey control and add additional survey control the direct cost of surveying also increased per below. This includes additional hours for the Project Manager, CAD Technician and NTCD staff engineer to provide surveyor with additional information. Augment Cost:
3,438
Direct Survey Costs: New surveyor, Terra Graphic hired to substitute for Insite Land Surveyors.

Increased effort due to the number of project sites requiring survey and finding prior survey control and adding in additional survey control. Augment Cost: $ 5,000 Subtask 7.1 60% Plans and Technical Specifications The Design team will incorporate City of South Lake Tahoe markups received in late July including adding more detail to the plan and profile sheets once the additional surveying described above is completed and updating details to target installations that require less maintenance. All edits/additions to the project sheets will be re-assembled into the three separate 60% plan sets, 1) Bijou Park Creek Watershed Improvement Project, (2) Bijou Park Creek SEZ Restoration Project, and 3) Keller Clean Water Bypass Project. The team will also update the technical specifications to follow the City’s template and protocol once sample or template C-028-2023 283
Wildscape Engineering, Inc.
855) 816- 6593 / ( 530) 600- 1810
www.wildscape- engineering. com
2 specifications are provided more closely by the City. These additional hours will allow for the team to conduct a second and more targeted 60% PS&E round. Cost: $8,088 New Task Budget
Phase I Environmental Site Assessment for 3707 Blackwood Road: In support of the appraisal and easement acquisition negotiations, a Phase 1 ESA was requested and performed by A&M Environmental Services in summer 2022. Cost: $ 2,300
Line Item Re-Assignment
Task 5.1 License Agreements and Special Use Permits Line Item Re-Assignment At the time a Special Use Agreement draft was needed, NTCD staff were unavailable so the Wildscape Project Manager stepped in to develop the draft and final submittal. Hours were re-assigned as follows:

Moved all of NTCD staff hours over to Wildscape Project Manager column for a net change of -$12.00.

Cost: -$ 12.00
Total Change Order Request: $ 22,414.00 for a Total Budget Change Order from $460,906.69 to 483,320.69.

C-028-2023 284
Wildscape Engineering, Inc.
855) 816- 6593 / ( 530) 600- 1810
www.wildscape- engineering. com
3 TERMS AND CONDITIONS
The conditions contained in the existing Contract Agreement signed and dated September 10, 2021 will apply to this Change Order.

APPROVAL TO PROCEED
The work can be initiated with a letter of authorization, through acknowledgment of this Scope of Work by signing a copy of this Scope below, or by Purchase Order issued to Wildscape Engineering, Inc.

Scope of Work and Estimated Budget accepted by:

Signature Date
Jason Burke, City Project Manager_______________
Printed Name and Title
Public Works, City of South Lake Tahoe ______ ( 530) 542-6038 Firm Name Phone Number
1740 D Street ___________________
Street Address
South Lake Tahoe_____________ _ CA ____ ___ 96150___
City State Zip Code
For Wildscape Engineering, Inc.

Signature Date
Carol Beahan, President____________
Printed Name and Title
C-028-2023
Jason Burke (Mar 16, 2023 12:02 PDT)
Jason Burke Mar 16, 2023
Carol Beahan (Mar 21, 2023 10:29 PDT)
Carol Beahan Mar 21, 2023
285
ATTACHMENT 1. COST BREAKOUT CHANGES
4 Firm
Lynn Barnett
Associates
Personnel Classification
Project Manager
Lead Engineer
Carol Beahan,
PE/QSD
Civil
Engineer
Restoration
Ecologist
Julie Etra
WBS
Senior H&H
Engineer Dr.

David
Thompson,
PhD, PE
Geotechnical
Engineer
Mark
Schroeder, PE
CAD/GIS/Field
Technician
Landscape
Designer
Admin/Report
Specialist
Jamie Allec
Senior Project
Engineer
Megan Kelly,
P.E.

Senior Staff
Engineer
Staff
Engineer
Environmental
Scientist
Domi Fellers

CEQA/ NEPA
Task Lead Dr.

Dan Tormey,
Ph.D., P.G.

Permitting/
Compliance
Ben Pogue,

MPA,PMP,AIC
P
Senior
Scientist 1
Staff
Scientist 2
Senior Real
Estate Agent
John Almazan
Interwest Sr
Agent
Interwest
Tech Support
Lynn Barnett,
Appraiser
Total
Subtask
Hours
Labor Cost by
Task
Hourly Rate $ 150.00 $ 115.00 $ 140.00 $ 150. 00 $ 170.00 $ 95.00 $ 105.00 $ 75.00 $ 128.00 $ 78.00 $ 74.00 $ 87.00 $ 250.00 $ 195.00 $ 180.00 $ 130.00 $ 175.00 $ 145.00 $ 145.00 $ 125.00 Task Description

1. Project Management, Outreach, Public Meetings, and
Coordination 457 $ 72,380.50

1.1 TAC, Public and Client Meeting Continued Coordination and Participation, Project Management. Includes 60% and 90% Design Review meetings with the City and TAC. 84 32 8 8 36 16 36 16 30 30 5 337 $ 52,939.04

1.2 Phase 2 Kick Off Meeting 6 6 2 6 6 6 8 48 $ 6,879.12

1.3 Planning Commission and City Council Meetings 16 4 6 8 16 16 72 $ 12,562.34

2. Site Surveying 156 $ 16,181.12

2.1 Supplemental Survey for Stormdrain Design, Real property and easement acquisitions, and Bijou Park Creek Hydraulic Model Refinement (includes Direct Costs for Insite Land Survey below) 16 24 2 30 2 4 26 112 $ 12,261.12

2.2 Utility Coordination and Identification - Work cooperatively with utilities to perform potholing of utiliites that cannot be avoided. Includes potholing direct costs listed below. 4 6 1 15 18 44 $ 3,920.00

3. Hydrologic and Hyraulic Analysis 197 $ 26,175.26

3.1 Hydrology and Hydraulics Study for Revised Keller Clean Water Bypass and Wildwood Basin 6 6 2 4 6 8 50 $ 6,726.73

3.2 Updates to PLRM 2 2 16 20 $ 1,948.00

3.3 Bijou Park Creek 2D Hydraulic Model - Set up and run 2D hydraulic model and use results to fine tune desgns. 12 16 48 16 1 99 $ 13,582.34

3.4 Osgood to Wildwood to Lake Hydraulic Capacity Analysis New Task) 2 8 8 28 $ 3,918.19

4. Environmental Documents 466 $ 76,636.00

4.1 Updates to Proposed Project and Alternatives Descriptions draft and final) for NEPA and CEQA 6 2 4 2 2 12 12 12 52 $ 8,326.00

4.2 CEQA Compliance/ Addendum 4 32 40 16 92 $ 16,520.00

4.3 Tribal Notification Letter and Section 106 Letters 2 8 16 26 $ 4,180.00

4.4 Baseline Cultural Assessment and Report 2 2 12 80 96 $ 17,540.00

4.5 JD/Wetlands Survey, Botanical Inventory and Invasive Plant Study, Report and Monitoring Plan 2 140 2 4 16 12 176 $ 25,620.00

4.6 NEPA CatEx Support 2 2 4 8 8 24 $ 4,450.00

5. License Agreements, Special Use Permits and Real Propertry Acquisitions 507 $ 73,989.00

5.1 License Agreements and Special Use Permits 40 0 0 0 40 $ 6,000.00

5.2 TRPA Land Capability Verification 8 8 8 16 $ 4,032.00

5.3 Appraisals 4 20 12 90 126 $ 15,298.00

5.4 Acquistion: Includes 1 Full Acquisition and 2 Partial Acquisitions 2 2 140 144 $ 20,856.00

5.5 Title, Escrow, and Closing (incl support) 2 12 8 135 40 197 $ 27,803.00

6. Permitting 188 $ 27,284.00

6.1 TRPA Permit 4 2 2 8 16 $ 1,604.00

6.2 404/401/1600 permitting, including aquatic resources delineation (1 day site visit and report) 16 16 16 16 24 40 128 $ 20,880.00

6.3 Stormwater Pollution Prevention Plan (SWPPP) 4 24 12 4 44 $ 4,800.00

7.. 60% Design Level PS&E Documents and Draft Design
Report 659 $ 75,944.43

7.1 60% Plans and Technical Specifications 64 36 8 8 64 16 16 64 307 $ 36,461.17

7.2 60% Landscaping and Revegetation PS&E 4 36 10 16 2 4 72 $ 8,822.00

7.3 Draft Project Design Report 24 32 4 28 12 24 48 182 $ 19,520.14

7.4 NEPA/ CEQA Mitigation Design Requirements 4 6 4 14 $ 1,682.00

7.5 Plan Proof Field Visit 8 8 4 4 8 40 $ 4,995.12

7.6 60% Engineer' s Estimate 4 16 4 8 12 44 $ 4,464.00

8. 90% PS&E 294 $ 32,504.38

8.1 90% Plans and Technical Specifications 34 40 8 36 4 2 8 24 48 214 $ 23,314.38

8.2 90% Design Report 16 16 2 4 4 4 8 54 $ 6,296.00

8.3 90% Engineer' s Estimate 4 12 3 3 4 26 $ 2,894.00

9. 100% Bid Documents 226 $ 24,546.00

9.1 100% Admin Plans and Specifications 24 36 24 2 16 16 24 142 $ 15,242.00

9.2 100% Engineer' s Estimate 4 8 2 4 4 22 $ 2,384.00

9.3 100% Final PS&E 16 16 16 2 4 8 62 $ 6,920.00

10. Bid Assistance $ 6,772.00

10.1 Provide responses to bidder's questions 16 8 4 4 4 8 4 4 52 $ 6,772.00

11. Construction Engineering ( CE)$ 15,258.00

11.1 Respond to RFIs and COs. 16 8 4 2 2 6 4 42 $ 5,050.00

11.2 Submittal Review and Response 24 24 4 16 2 8 12 90 $ 10,208.00 LABOR TOTALS 504 400 196 68 18 282 20 30 191 164 354 16 62 156 212 80 30 305 40 95 6027 TOTAL TASKS $ 447,670.69
Supplemental Survey of Bijou Park Creek (RTK/Total Station Rental Costs)$ 1,200.00
Phase 1 Environmental Site Assesment - A&M
Environmental Services $ 2,300.00
Insite Land Surveys - TerraGraphic Survyor: Supplemental Surveying for All Project Sites, Property Boundary and
Easement Surveying for up to three parcels $ 15,000.00
NHC PCSWMM Model Updates $ 1,000.00
Potholing Contractor ($ 4,000/day for up to 3 days)$ 12,000.00 Cultural Records Search/Map Production $ 750.00
Mileage/ Travel Tasks 8-15 $ 3,000.00
Report & Plan Production Costs $ 400.00
DIRECT COST TOTALS $ 35,650.00
TOTAL COSTS $ 483,320.69
WILDSCAPE ENGINEERING INC NTCD Catalyst Environmental Solutions Interwest C-028-2023 286
C-028-2023 Wildscape Engineering Amend. 1
Final Audit Report 2023- 03-21
Created: 2023- 03-16
By: jo Mcdonough ( jmcdonough@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAAOU7kdbSTxNMIoxAOThopghvG81kMJvVC C-028-2023 Wildscape Engineering Amend. 1" History
Document created by jo Mcdonough ([email protected]) 2023- 03- 16 - 4:48:28 PM GMT- IP address: 128. 92.136. 146 Document emailed to Jason Burke ([email protected]) for signature 2023- 03- 16 - 4:50:59 PM GMT
Email viewed by Jason Burke ( jburke@cityofslt. us)
2023- 03- 16 - 7:02:30 PM GMT- IP address: 128. 92.139. 178 Document e-signed by Jason Burke ([email protected])
Signature Date: 2023- 03-16 - 7:02:54 PM GMT - Time Source: server- IP address: 128. 92.139. 178 Document emailed to Sue Blankenship ([email protected]) for signature 2023- 03- 16 - 7:02:55 PM GMT
Email viewed by Sue Blankenship ([email protected]) 2023- 03- 16 - 8:24:05 PM GMT- IP address: 104. 47.64.254 Document e-signed by Sue Blankenship ([email protected]) Signature Date: 2023- 03-16 - 8:24:14 PM GMT - Time Source: server- IP address: 128. 92.136. 146 Document emailed to Heather Stroud ([email protected]) for signature 2023- 03- 16 - 8:24:16 PM GMT
Email viewed by Heather Stroud ( hstroud@cityofslt. us) 2023- 03- 16 - 8:29:34 PM GMT- IP address: 104. 47.65.254 Document e-signed by Heather Stroud ([email protected]) Signature Date: 2023- 03-16 - 8:29:50 PM GMT - Time Source: server- IP address: 128. 92.136. 146 Document emailed to [email protected] for signature 2023- 03- 16 - 8:29:52 PM GMT
287
Email viewed by ccreegan@cityofslt. us
2023- 03- 16 - 10:30:46 PM GMT- IP address: 47.25.118. 95 Signer [email protected] entered name at signing as Cristi Creegan 2023- 03- 16 - 10:31:08 PM GMT- IP address: 47.25.118. 95 Document e-signed by Cristi Creegan ([email protected]) Signature Date: 2023- 03-16 - 10:31:10 PM GMT - Time Source: server- IP address: 47.25.118. 95 Document emailed to Carol Beahan ([email protected]) for signature 2023- 03- 16 - 10:31:12 PM GMT
Email viewed by Carol Beahan ([email protected]) 2023- 03- 21 - 5:29:05 PM GMT- IP address: 24.182. 20.253 Document e-signed by Carol Beahan ([email protected]) Signature Date: 2023- 03-21 - 5:29:27 PM GMT - Time Source: server- IP address: 24.182. 20.253 Agreement completed.
2023- 03- 21 - 5:29:27 PM GMT
Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted. 288
City of South Lake Tahoe
Amendment No. 2 to Bijou Park Creek Watershed Restoration Project, Phase 2 Engineering Services Professional Services Agreement with Wildscape Engineering, Inc. (C-106-2021)
The Professional Services Agreement entered into on September 7, 2021, between the City of South Lake Tahoe, a municipal corporation (“CITY”) and Wildscape Engineering, Inc. (“CONSULTANT”) is hereby amended as set forth below.

The Contract is hereby revised to add the following,

1. Scope of Services. In addition to the Scope of Services specified within the original Professional Services Agreement, dated September 7, 2021, to the Professional Services Agreement adds the work described within Exhibit A, Scope of Services, Budget Augment and Line Item Reassignment attached hereto and incorporated herein by reference.

2. Compensation. Compensation to be paid to the CONSULTANT, is $54,863.40, as described in Exhibit A, Scope of Services. In no case shall CONSULTANT compensation for work completed under this Amendment exceed the amended amount of $538,184.09, without written authorization from the CITY. Payment by the CITY under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the CITY at the time of payment.

IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to Professional Services Agreement with Wildscape Engineering to be executed on June 18, 2024.

CITY OF SOUTH LAKE TAHOE CONSULTANT
By: __________________________ By: __________________________ Cody Bass, Mayor Carol Beahan, P.E. President,
Wildscape Engineering, Inc.

Date: ________________ Date: _________________________

Business License # 006076
APPROVED AS TO FORM: ATTEST:
_____________________________ __________________________ Heather Stroud, City Attorney Susan Blankenship, City Clerk Exhibit A: Scope of Services
289
EXHIBIT A: SCOPE OF SERVICES
290
Wildscape Engineering, Inc.
(855)816-6593 / (530) 600-1810
www.wildscape-engineering.com
1 May 31, 2024
Ms. Brianna Greenlaw
Public Works Department
City of South Lake Tahoe
1740 D Street
South Lake Tahoe, CA 96150
Subject: Budget Augment and Line Item Reassignment Request for Bijou Park Creek Phase 2 Restoration Project
To: Brianna Greenlaw,
The following details our current budget augment request and line item re-assignment for the Bijou Park Creek Phase 2 Restoration Project. Attachment 1 provides the updated cost spreadsheet reflecting the proposed changes.

Existing Task Budget Increases
Subtask 1.4 Project Management, Outreach, Public Meetings, and Coordination: Additional management efforts are needed to move the highest priority and funded project, the Rockwood to Blackwood Project, forward to final construction documents and permits. Additional coordination tasks include, but are not limited, to the following:
• Separating the specific project site plans into an individual plan set and technical specifications package.
• New topographic and property boundary surveying of the recently acquired 3707 Blackwood Road parcel where the new storm drain system will outlet. • Additional potholing effort at 3740 Blackwood Road to determine all lateral connections that will need to be addressed as part of the upgraded storm drain system. • Additional consultation with TRPA and Lahontan Regional Water Quality Control Board to move the project through an expedited permit process.

An additional 8 hours of Project Management by Wildscape and 6 hours by NTCD to manage the Rockwood to Blackwood project through construction bidding. Augment Cost: $1,968.00 Subtask 2.3 Supplemental Potholing and Repaving to Capture Existing Utilities at all Sites.

An extensive number of project sites had existing utilities that needed to be captured in the Watershed Improvement Project 90% Plans requiring potholing and additional surveying and repaving where potholing had to be done in the paved right-of-way. Wildscape Engineering has already paid the overages in full as follows: to the Contractor, Ferguson Excavating, $5,489.02 largely for their subcontracted paving effort and to the Surveyor, TerraGraphic $1,874.38 for the multiple site surveying of utility markings and depths. Wildscape Engineering did not apply a subcontractor mark up to this cost.

Augment Cost: $1,440 ($7363.40 Covered under Line Item Reassignment see below) Subtask 2.4 3707 Blackwood Road Property Boundary and Topographic Survey: Lumos and Associates will conduct a property boundary survey of the 3707 Blackwood Road parcel recently acquired 291
Wildscape Engineering, Inc.
(855)816-6593 / (530) 600-1810
www.wildscape-engineering.com
2 by the City of South Lake Tahoe in support of the final 100% designs and permitting for Rockwood to Blackwood storm drain outfall and swale which need to clearly designate the boundary between the USDA Forest Service parcel and City owned parcel.

The design engineers under this task augment will incorporate the new topographic/property boundary survey information into the final Rockwood to Blackwood plans and update the outlet swale/grading and revegetation plans to ensure the storm drain discharge reaches Bijou Park Creek SEZ without impacting the adjacent private properties to the northwest and southeast.

Augment Cost: $594 ($8,444 covered under Line Item Re-assignment see below)

3.3 Bijou Park Creek 2D Hydraulic Model Updates: The senior water resource engineer will update and run the HEC-RAS 2D hydraulic model incorporating the new outfall designs at 3707 Blackwood Road now that the City has acquired the parcel. The engineer will also update and run proposed conditions at Upper BPC following some design adjustments that were made to ensure effectiveness and stability.

Augment Cost: $0 ($5,400 covered under Line Item Re-assignment see below)

4.7 Additional Wetland Delineation: The expanded area south of Shirley was not captured in the original wetland delineation. It is expected to be categorized as SEZ, however for the final NEPA document a wetland delineation needs to be conducted in late May/early June 2024 by the botanist (Julie Etra of WBS).

Augment Cost: $3,580

6.4 Additional Permitting: Provides additional time and effort to consult with the resource agencies in order to expedite the permit process for Rockwood to Blackwood as an individual project and develop separate permit applications for the different project phases including Bijou Park Creek SEZ Enhancement and Bijou Park Creek Watershed Improvement Project.

Augment Cost: $6,628

9.4 Rockwood to Blackwood Additional Potholing/Design Elements:

Nevada Tahoe Conservation District engineers worked with the City and utility providers to create a potholing exhibit for a subcontractor to collect additional data for the final design and bid package for the Rockwood to Blackwood Drainage Improvement. NTCD will utilize the data collected from the potholing and survey at 3707 Blackwood to prepare a final design for the Rockwood to Blackwood Drainage Project for bid in 2024.

Augment Cost: $14,600
New Task Budget

6.5 Caltrans Technical Reports for Osgood Basin Overflow: In order to acquire permissions from Caltrans to connect to an existing Caltrans stormwater system and eliminate the need to convey stormwater across Sonora and down Osgood which is extremely challenging due to the minimal slope along this alignment, the design engineers will consult with and develop the required Caltrans technical documents. These include a targeted Hydrology and Hydraulics Study Report per Caltrans guidance to define and demonstrate the feasibility of conveying overflow from the expanded Osgood East basin to an existing outfall pipe that is connected to a Caltrans storm drain system. A Stormwater Data Report will also likely be required and completed under this task. 292
Wildscape Engineering, Inc.
(855)816-6593 / (530) 600-1810
www.wildscape-engineering.com
3 Augment Cost: $4,846
Total Budget Augment Request: $53,663.40 for a Total Budget Change Order from $483,320.69 to $536,984.09.

Line Item Reassignment Replenish
In order to move the Rockwood to Blackwood individual project to bid for construction in 2024 a survey and updated hydraulic model runs of the City acquired parcel (3707 Blackwood Rd) were needed to be expedited and so the City re-assigned Task 10 Bid Assistance and Task 11 Construction Engineering line items in the amounts of $5,949.40 and $15,258 respectively to be applied towards those efforts listed above.

This Task would replenish those two task line items so that the design team can support the City through the bidding and construction phases of the remaining projects.

Task 10 Cost: $5,949.40
Task 10 Cost: $15,258.00
Table 1. Total New Costs
Subtask 1.4 Additional Management $1,968
Subtask 2.3 Additional
Potholing/Paving
$1,440 $7,363.40 covered
under line item
reassignment
Subtask 2.4 Additional Survey $594 $8,444 covered under line item reassignment
Subtask 3.3 Additional Hydraulic
Modeling
0 $5400 covered under
line item reassignment.

Subtask 4.7 Additional Wetland
Delineation
$3,580
Subtask 6.4 Additional Permitting $6,628
Subtask 6.5 New Caltrans technical
report effort
$4,846
Subtask 9.4 Additional Potholing
efforts/designs for
Rockwood to Blackwood
$14,600
Subtask 10 Replenish borrowed Bid
Support line item
$5,949.40
Subtask 11 Replenish borrowed Bid
Construction Engineering
line item
$15,258.00
TOTAL $54,863.40
293
ATTACHMENT 1. COST BREAKOUT CHANGES
5 Firm
Lynn Barnett
&Associates
Personnel Classification
Project Manager
Lead Engineer
Carol Beahan,
PE/QSD
Civil
Engineer
Restoration
Ecologist
Julie Etra
WBS
Senior H&H
Engineer Dr.

David
Thompson,
PhD, PE
Geotechnical
Engineer
Mark
Schroeder, PE
CAD/GIS/Field
Technician
Landscape
Designer
Admin/Report
Specialist
Jamie Allec
Senior Project
Engineer
Megan Kelly,
P.E.

Senior Staff
Engineer
Staff
Engineer
Environmental
Scientist
Domi Fellers

CEQA/NEPA
Task Lead Dr.

Dan Tormey,
Ph.D., P.G.

Permitting/
Compliance
Ben Pogue,

MPA,PMP,AIC
P
Senior
Scientist 1
Staff
Scientist 2
Senior Real
Estate Agent
John Almazan
Interwest Sr
Agent
Interwest
Tech Support
Lynn Barnett,
Appraiser
Ferguson
Excavating
TerraGraphic
Surveyor
Lumos &
Associates
Total
Subtask
Hours
Labor Cost by
Task
Hourly Rate $150.00 $115.00 $140.00 $150.00 $170.00 $95.00 $105.00 $75.00 $128.00 $78.00 $74.00 $87.00 $250.00 $195.00 $180.00 $130.00 $175.00 $145.00 $145.00 $125.00 Task Description

1. Project Management, Outreach, Public Meetings, and Coordination 457 $74,348.50

1.1 TAC, Public and Client Meeting Continued Coordination and Participation, Project Management.

Includes 60% and 90% Design Review meetings with the City and TAC. 84 32 8 8 36 16 36 16 30 30 5 337 $52,939.04

1.2 Phase 2 Kick Off Meeting 6 6 2 6 6 6 8 48 $6,879.12

1.3 Planning Commission and City Council Meetings 16 4 6 8 16 16 72 $12,562.34

1.4 Additional Management for extended project effort 8 6 $1,968.00

2. Site Surveying 156 $34,022.52

2.3 Potholing Overage (due to amount of surveying and repaving that had to be done to capture all project sites). 2 16 $5,489.02 $1,874.38 $8,803.40

2.4 3707 Property Boundary Survey (Lumos & Associates) & Incorporation of City Topographic Survey 2 2 2 8 7700 $9,038.00

3. Hydrologic and Hyraulic Analysis 197 $31,575.26

3.1 Hydrology and Hydraulics Study for Revised Keller Clean Water Bypass and Wildwood Basin 6 6 2 4 6 8 50 $6,726.73

3.2 Updates to PLRM 2 2 16 20 $1,948.00

3.3 Bijou Park Creek 2D Hydraulic Model - Set up and run 2D hydraulic model and use results to fine tune desgns. 12 16 48 16 1 99 $13,582.34

3.3 Bijou Park Creek 2D Hydraulic Model - Update and run new outfall location at Blackwood Road and run proposed conditions at Upper BPC 36 $5,400.00

3.4 Osgood to Wildwood to Lake Hydraulic Capacity Analysis (New Task) 2 8 8 28 $3,918.19

4. Environmental Documents 466 $80,216.00

4.1 Updates to Proposed Project and Alternatives Descriptions (draft and final) for NEPA and CEQA 6 2 4 2 2 12 12 12 52 $8,326.00

4.2 CEQA Compliance/Addendum 4 32 40 16 92 $16,520.00

4.3 Tribal Notification Letter and Section 106 Letters 2 8 16 26 $4,180.00

4.4 Baseline Cultural Assessment and Report 2 2 12 80 96 $17,540.00

4.5 JD/Wetlands Survey, Botanical Inventory and Invasive Plant Study, Report and Monitoring Plan 2 140 2 4 16 12 176 $25,620.00

4.6 NEPA CatEx Support 2 2 4 8 8 24 $4,450.00

4.7 Additional wetland delination for area south of Shirley. 24.5 2 $3,580.00

5. License Agreements, Special Use Permits and Real Propertry Acquisitions 507 $73,989.00

5.1 License Agreements and Special Use Permits 40 0 0 0 40 $6,000.00

5.2 TRPA Land Capability Verification 8 8 8 16 $4,032.00

5.3 Appraisals 4 20 12 90 126 $15,298.00

5.4 Acquistion: Includes 1 Full Acquisition and 2 Partial Acquisitions 2 2 140 144 $20,856.00

5.5 Title, Escrow, and Closing (incl support) 2 12 8 135 40 197 $27,803.00

6. Permitting 188 $38,758.00

6.1 TRPA Permit 4 2 2 8 16 $1,604.00

6.2 404/401/1600 permitting, including aquatic resources delineation (1 day site visit and report) 16 16 16 16 24 40 128 $20,880.00

6.3 Stormwater Pollution Prevention Plan (SWPPP) 4 24 12 4 44 $4,800.00

6.4 Additional permitting needs, splitting projects into separate phases. 24 16 4 4 4 $6,628.00

6.5 Caltrans Technical Reports for Osgood Basin Overflow 8 20 6 2 2 $4,846.00

7. 60% Design Level PS&E Documents and Draft Design Report 659 $75,944.43

7.1 60% Plans and Technical Specifications 64 36 8 8 64 16 16 64 307 $36,461.17

7.2 60% Landscaping and Revegetation PS&E 4 36 10 16 2 4 72 $8,822.00

7.3 Draft Project Design Report 24 32 4 28 12 24 48 182 $19,520.14

7.4 NEPA/CEQA Mitigation Design Requirements 4 6 4 14 $1,682.00

7.5 Plan Proof Field Visit 8 8 4 4 8 40 $4,995.12

7.6 60% Engineer's Estimate 4 16 4 8 12 44 $4,464.00

8. 90% PS&E 294 $32,504.38

8.1 90% Plans and Technical Specifications 34 40 8 36 4 2 8 24 48 214 $23,314.38

8.2 90% Design Report 16 16 2 4 4 4 8 54 $6,296.00

8.3 90% Engineer's Estimate 4 12 3 3 4 26 $2,894.00

9. 100% Bid Documents 226 $39,146.00

9.1 100% Admin Plans and Specifications 24 36 24 2 16 16 24 142 $15,242.00

9.2 100% Engineer's Estimate 4 8 2 4 4 22 $2,384.00

9.3 100% Final PS&E 16 16 16 2 4 8 62 $6,920.00

9.4 Rockwood to Blackwood Additional Potholing/Design Elements 4 40 120 $14,600.00

10. Bid Assistance $6,772.00

10.1 Provide responses to bidder's questions 16 8 4 4 4 8 4 4 52 $6,772.00

11. Construction Engineering (CE) $15,258.00

11.1 Respond to RFIs and COs. 16 8 4 2 2 6 4 42 $5,050.00

11.2 Submittal Review and Response 24 24 4 16 2 8 12 90 $10,208.00 LABOR TOTALS 550 436 220.5 110 18 290 20 32 247 164 502 16 62 156 212 80 30 305 40 95 6027 TOTAL TASKS $502,534.09
Supplemental Survey of Bijou Park Creek (RTK/Total Station Rental Costs) $1,200.00 Phase 1 Environmental Site Assesment - A&M Environmental Services $2,300.00 Insite Land Surveys - TerraGraphic Survyor: Supplemental Surveying for All Project Sites, Property Boundary and Easement Surveying for up to three parcels $15,000.00 NHC PCSWMM Model Updates $1,000.00
Potholing Contractor ($4,000/day for up to 3 days) $12,000.00 Cultural Records Search/Map Production $750.00
Mileage/Travel Tasks 8-15 $3,000.00
Report & Plan Production Costs $400.00
DIRECT COST TOTALS $35,650.00
TOTAL COSTS $538,184.09
WILDSCAPE ENGINEERING INC NTCD Catalyst Environmental Solutions Interwest 294
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: June 18, 2024
Agenda Item #:10
Agenda Item: Agreement with Black Eagle Consulting for Inspection, Materials Testing and Constructability Review Services for Citywide Capital Improvement Projects Executive Summary: City Council will consider a contract with Black Eagle Consulting for $205,0000 for Inspection, Materials Testing and Constructability Review services for 2024 citywide capital improvement projects.

Requested Action / Suggested Motions: Pass a Resolution appropriating $96,000 from salary savings for construction inspection services and materials testing services for citywide capital improvement projects and authorizing and directing the Mayor to execute a contract with Black Eagle Consulting for $205,000 for inspection, materials testing and constructability reviews for 2024 citywide capital improvement projects.

Responsible Staff Member: Anush Nejad, Director of Public Works Reviewed and Approved By: Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney
Attachments:
01-Staff Report - Inspection Award.docx
02 - PSA with Black Eagle for Inspection Material Testing Services.pdf 03-Resolution - Inspection Services.docx
295
Council Agenda Report June 18, 2024 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: June 18, 2024
Title: Agreement with Black Eagle Consulting for Inspection and Materials Testing Services for Citywide Capital Improvement Program
Project Location: Citywide
Responsible Staff Member: Anush Nejad, Director of Public Works (530) 542-6031 Background: The 2024-25 Construction Season has several Capital Improvement Program (CIP) projects that require inspection and materials testing services. These anticipated projects are listed in the table below. The EV Charging Stations and Conolley Beach restroom projects are proposed projects in the 2024-25 CIP and require Council approval during 2024 budget process.

Inspection and Materials Testing Services Needed Status

1. Annual Pavement Rehabilitation Contract Awarded

2. Tahoe Valley Stormwater and Greenbelt Improvement Project.

Phase 1 Contract Awarded

3. Tahoe Valley Stormwater and Greenbelt Improvement Project.

Phase 2
Anticipated Award
8/24

4. Bijou Park Creek Project—Upper Watershed
Anticipated Award
8/24

5. Pioneer Trail Improvements—Phase II
Anticipated Award
9/24

6. Drainage Pipe Replacements
Anticipated Award
9/24
Materials Testing Services Needed

1. Bijou Park Skate Park Renovations—Phase II
Anticipated Award
8/24

2. James and Eloise Drainage Pipe Replacement
Anticipated Award
9/24

3. Pioneer Trail HSIP Project
Anticipated Award
8/24

4. Bijou Park Connector Project
Anticipated Award
2025

5. Lakeview ADA Upgrade Project
Anticipated Award
2025

6. EV Charging Station Infrastructure (CIP approval pending) Anticipated Award
2025

7. Conolley Beach Restroom (CIP approval pending)
Anticipated Award
2025
296
Council Agenda Report June 18, 2024 Page 2 of 3
In addition, the City Inspector resigned in early May 2024. Additional resources are needed to backfill this year's construction inspection needs. The inspection and testing services represent the owner’s interest and provide oversight over the inspection of various components of the project, including the acceptance of various components of the project. The inspector will provide daily, weekly, and monthly reports to the Engineering Division and test various project components. In addition, staff has identified the need for constructability reviews for several outgoing CIP projects. Constructability reviews will aid in minimizing potential conflicts during construction and potential contract change orders.

Issue and Discussion: After recognizing this need and discussing it with the project team, staff began soliciting proposals for inspection and materials testing services. Staff released a Request for Proposal Proposals (RFP) to the public on May 3, 2024.

Six hundred fifty (650) firms specializing in inspection and construction management services were electronically notified through Planet Bids. A pre-proposal meeting was conducted on May 13, 2024. Ten firms registered as bidders and downloaded the RFP documents. On May 24, 2024, the Department of Public Works received four (4) electronic submittals.

All submittals were distributed to the three (3) City’s evaluation team members, including Public Works and Finance department staff members. Each team member evaluated and then numerically scored each proposal based on the criteria outlined in the RFP. The scores of all three evaluators were then added to achieve a cumulative score for each submittal.

The table below lists the scoring/ranking of the firms.

Rank Firm Cumulative Score
1 Black Eagle Consulting, Inc. 266
2 Nicoles Consulting Engineers 249
3 KGS Group 228
4 BPR Consulting Group 208
Based on the scoring Black Eagle Consulting was the top ranked firm. The staff has estimated the inspection costs, materials testing, and constructability review for the 2024 construction season and recommends a not-to-exceed amount of $205,000 for the 2024 construction season.

Staff will evaluate the expenditures after the 2024 construction season and the need for an extension of inspection support service in 2025 based on the replacement of the in-house inspector/engineer. The RFP included construction projects anticipated in the 2025 season and Black Eagle scope can be expanded for the 2025 season based on the procurement policies.

Staff will present the request for additional funding by early spring of 2025.

Financial Implications: The recommended contract amount for Black Eagle Consulting is $205,000, as shown in the table below. The cost of the inspection services will be covered by the salary savings from the vacant inspector position and unfilled associate engineer position. A total of $96,000 will be transferred from the salary savings to cover the inspection services for this year. The materials testing and constructability reviews will be charged to each project as shown in the table below. Each project has funds for the anticipated materials testing or constructability reviews.
297
Council Agenda Report June 18, 2024 Page 3 of 3
Anticipated 2024 Inspection, Materials Testing, and Constructability Reviews Estimated Level of Effort
The attached resolution will appropriate $96,000 for the Inspection Services. Materials Testing and Constructability reviews anticipated for the 2024 construction season will be charged to each project. Funding for the 2025 construction season will be requested after the evaluation of 2024 expenditures and presented to the City Council for consideration in the Spring of 2025.

Environmental Considerations:

Environmental clearance for each of the CIP projects is completed or in the process of completion. Procurement of an inspector and materials testing is not subject to environmental clearance requirements.

Policy Implications:

Retaining a qualified inspector and materials testing services is essential for delivering highquality Capital Improvement Projects. Without these services, the construction work may be compromised, affecting the quality of the work.

1. Annual Pavement Rehabilitation Contract Awarded 30150005-48030 $ 25,000 $ 28,000 NA

2. Tahoe Valley Stormwater and Greenbelt Improvement Project. Phase 1 Contract Awarded 30140030-48030 $ 20,000 $ 10,000 NA

3. Tahoe Valley Stormwater and Greenbelt Improvement Project. Phase 2 Anticipated Award 8/24 30140030-48030 $ 20,000 $ 10,000 NA

4. Bijou Park Creek Project—Upper Watershed Anticipated Award 8/24 30140051-48030 $ 15,000 $ 20,000 $ 7,500

5. Pioneer Trail Improvements—Phase II Anticipated Award 9/24 30150024-48030 TBD TBD $ 7,500

6. Drainage Pipe Replacements Anticipated Award 9/24 30140049-48030 $ 10,000 $ 5,000 $ 4,000 Materials Testing Services

1. Bijou Park Skate Park Renovations—Phase II Anticipated Award 8/24 30160075-48030 TBD $ 5,000 NA

2. James and Eloise Drainage Pipe Replacement Anticipated Award 9/24 30140053-48030 $ 6,000 $ 3,000 NA

3. Pioneer Trail HSIP Project Anticipated Award 8/24 30150038-48030 TBD $ 5,000 NA

4. Bijou Park Connector Project Anticipated Award 2025 30150037-48030 TBD TBD TBD

5. Lakeview ADA Upgrade Project Anticipated Award 2025 30160051-48030 TBD 4000 TBD

6. EV Charging Station Infrastructure (CIP approval pending) Anticipated Award 2025 TBD TBD TBD TBD

7. Conolley Beach Restroom (CIP approval pending) Anticipated Award 2025 TBD TBD TBD TBD Total (2024 Constrruction Season) $ 96,000 $ 90,000 $ 19,000 Inspection and Materials Testing Services Status Project Number To be Paid
from Salary
Savings
To be Charged to Each
Project
$205,000
Inspection
Materials
Testing
Constructability
Review
298

CITY OF SOUTH LAKE TAHOE

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of the 18th day of June 2024, by and between the City of South Lake Tahoe, a municipal corporation (“City”) and Black Eagle Consulting (Consultant”).

RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement.

B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

C. City desires to retain Consultant to render professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. Consultant shall perform the services set forth in this agreement and shall provide said services at the time, place, and in the manner specified in this agreement. Consultant shall have no power or authority by this Agreement to bind City in any respect.

The Consultant agrees that it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.

All services provided by Consultant pursuant to this Agreement will be provided in accordance with the terms set forth in the Exhibit A, “Scope of Services,” attached hereto and incorporated herein by reference. Exhibit B, “Compensation Schedule,” attached hereto and incorporated herein by reference, outlines the fees and compensation which shall be paid pursuant to this Agreement.

2. Term/Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue until December 31, 2025.
299

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule set forth in Exhibit B which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation, including travel and out-of-pocket expenses, exceed $205,000 without additional written authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment. Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.

4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Separate invoices shall be submitted for the Inspection Services and for each project for materials testing and constructability reviews. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, the applicable hourly rate, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform extra work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, extra work without prior written authorization from City.

6. Termination. This Agreement may be terminated by City or Consultant immediately for cause or without cause upon thirty days (30) days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, and City shall be entitled to all work performed to that date.

Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation or expiration.

7. Ownership of Documents.

All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees 300
and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.

Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. All documents prepared by Consultant are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from records shall be available at Consultant’s address indicated for the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be 301
maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of City.

Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights. All employees, agents, contractors or subcontractors hired or retained by Consultant are employees, agents, contractors or subcontractors of Consultant and not of the City.

City is not required to make any deductions or withholdings form the compensation payable to Consultant under the provisions of this Contract, and is not required to issue W-2 Forms for income and employment tax purposes for any of Consultant’s assigned personnel. Any third party persons employed by Consultant shall be entirely and exclusively under the direction, supervision, and control of Consultant. Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Contract.

10. Interest of Consultant. Consultant, (and principals, associates and professional employees of consultant) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and,
302
b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel. [FPPC Reg. 18700(a)(2)].

11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

12. Compliance with Laws. Consultant shall comply with all applicable federal, state, regional and local laws, codes, ordinances and regulations in carrying out his/her duties under this Agreement. Consultant shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Agreement. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section.

In the event it is determined that the Consultant is required to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay all penalties and wages as required by law.

13. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of South Lake Tahoe business license at all times services are performed under this Agreement. Consultant acknowledges that payments made pursuant to this Agreement may be withheld until this provision has been satisfied.

14. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect (including any and all 303
costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant’s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.

Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant’s negligent acts, errors, omissions, regarding this Agreement, the Consultant’s work under this Agreement, or the consultant’s Scope of Work.

City does not, and shall not, waive any rights against Consultant which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Consultant, of any of the insurance policies hereinafter set forth.

This hold harmless agreement by Consultant shall apply to all damages and claims for damages, or alleged to have been suffered, by reason of any of the aforesaid operation of Consultant or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

Consultant further waives any and all rights to any type of express or implied indemnity or right of contribution from the City for any liability, claims, demands, costs, charges and expenses and causes of action of whatsoever arising out of or in any way connected with this Agreement, and consultant’s work under this Agreement.

15. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation of all Workers’ Compensation policies must be received by City 304
at least thirty (30) days prior to such change. Consultant shall provide thirty (30) days written notice of nonrenewal of any Workers’ Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on
the standard Occurrence form. Claims-Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and nonowned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis.
305
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an AM Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
insured’s under Consultant’s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and/or work performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant’s Professional Liability and Employers’ Liability policies, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty (30) days written notice to the City Attorney by Certified Mail.
c. Deductibles and Self-Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant’s insurance policies. 306
The amount of deductibles for insurance coverage required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.

16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first-class mail. Any such notice shall be addressed to the other party at the address set forth below.

Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney’s Office
City of South Lake Tahoe
1901 Lisa Maloff Way, Suite 300
South Lake Tahoe, CA 96150
If to Consultant: Black Eagle Consulting, Inc.

Shaun Smith, PE
4010 Technology Way, Suite D
Carson City, NV 89706

17. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the 307
subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

18. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

19. Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision of the City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure §1094.5, and as provided by law.

20. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.

21. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any Consultant or person, other than the independent contractors hired in accordance with Consultant’s standard business practice, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any Consultant or person, other than a bona fide employee working solely for Consultant or an independent contractor hired as discussed above, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

22. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
308

23. Drug-Free Workplace Certification. By signing this Agreement, Consultant hereby certifies under penalty of perjury under the laws of the State of California that the Consultant will comply with the requirements of the DrugFree Workplace Act of 1990 (Government Code Section 8350, et seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 (a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The person’s or organization’s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide, as required by Government Code Section 8355(c), that every employee who performs grant activities under this Agreement:
i. Will receive a copy of the Consultant’s drug-free policy statement; and
ii. Will agree to abide by the terms of the Consultant’s statement as a condition of employment on this Agreement.

Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of the Agreement, or both, and Consultant may be ineligible for award of any future City agreements if City determines that any of the following has occurred: the Consultant (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

24. Anti-Lobbying Certification. Consultant shall submit to City the Anti-Lobbying Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly. 309

25. Debarment, Suspension, Ineligibility and Voluntary Exclusion. By signing this Agreement, Consultant assures that neither it nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

26. Americans with Disabilities Act. By signing this Agreement, Consultant assures the City that it complies with the American with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101, et. seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA.

27. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

28. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

29. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

31. Time is of the Essence. Time is of the essence for this Agreement.

32. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
310
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF SOUTH LAKE TAHOE: CONSULTANT: Black Eagle Consulting By___________________________ By ________________________________ Cody Bass, Mayor Shaun Smith, P.E., LEED AP
Reginal Vice President
Date __________________________ Date _____________________________ Business License 321632
APPROVED AS TO FORM:

By____________________________ Date ________________________________ Heather Stroud, City Attorney
ATTEST:

By______________________________ Date ________________________________ Susan Blankenship, City Clerk
Attachments:

Exhibit A – Scope of Services
Exhibit B – Compensation Schedule
Exhibit C - Anti-Lobbying Certification
Exhibit D – Certificate of Insurance
311

EXHIBIT A

SCOPE OF SERVICES
312

STATEMENT OF QUALIFICATIONS
PREPARED FOR:

CITY OF SOUTH LAKE TAHOE

ON-CALL INSPECTION AND MATERIALS

TESTING SERVICES
313

ATTACHMENTS
314
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 3 A. COVER LETTER
315
Mr. Anush Nejad, P.E. May 24, 2024
Director of Public Works
City of South Lake Tahoe
1740 D Street
South Lake Tahoe, CA 96150
RE: REQUEST FOR PROPOSALS, ON-CALL INSPECTION AND MATERIALS TESTING 2024-2025 Dear City of South Lake Tahoe Selection Committee:

As Regional Vice President of Black Eagle Consulting, LLC (BEC), an RMA Company, I’m pleased to submit the following Statement of Qualifications (SOQ) to provide inspection, materials testing, and constructibility review services. For more than 27 years, BEC has provided unmatched geotechnical engineering, materials testing and inspection services to the Lake Tahoe Basin, Northern California and our northern Nevada community. We have a long-standing history working in the Tahoe Basin and look forward to partnering with the City of South Lake to lead this community through a long history of successful projects. Our company is dedicated to our core values: Quality - Integrity - Accountability. These words create the foundation for all of the services that we provide.

QUALITY: A HIGH LEVEL OF VALUE AND DEGREE OF EXCELLENCE.

At BEC, quality is achieved by providing experienced and certified personnel to our clients. Each design/construction project is made up of multiple complex phases. We carefully review the project schedule, break down each phase, and assign the most qualified individuals to each critical path item. As you review our resumes of key personnel, you will see our unmatched depth and breadth of qualifications.

INTEGRITY: FIRM ADHERENCE TO A CODE.

In the specialized world of construction inspection and materials testing, integrity is imperative. Owners, operators, architects, engineers, and contractors rely on us to provide an unbiased interpretation of site conditions, construction materials, and project specifications. Our job is to verify, document, and communicate construction activities and code compliance. We stand by our long history of providing these services with integrity at the forefront of our processes.

ACCOUNTABILITY: AN OBLIGATION OR WILLINGNESS TO ACCEPT RESPONSIBILITY FOR ONE’S ACTIONS.

As individual members of a larger team, BEC understands the importance of accountability. We strive to provide responsible, accurate and reliable services to our clients. However, in the unlikely event that an unacceptable action or error occurs, we will accept responsibility and do our best to quickly resolve the situation.

As a company, we are extremely interested in continuing our relationship with the City on upcoming construction projects.

We are committed to supporting the City Engineering Department’s vision of “safeguarding life, health, property, and public welfare through review, design, bid, and construction of public improvement projects.” Our goal is to provide the requested on-call materials testing and construction inspection services necessary tosuccessfully deliver outstanding projects on time and on budget. The City has been a fantastic partner throughout our 27-year history; we enjoy working with the public works team to help produce a safe and sustainable City. The Proposal shall remain valid for a period of not less than 120 calendar days from the date of submittal.

Sincerely,
Shaun A. Smith, P.E., LEED AP
Regional Vice President
Black Eagle Consulting, LLC
3839 North Carson Street, Suite 101
Carson City, NV 89706
blackeagleconsulting.com
775.222.0080
3839 North Carson Street, Suite 101
Carson City, NV 89706
Cell: 775.843.6755
316
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 5 B. EXECUTIVE SUMMARY
317
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 6 B. EXCEUTIVE SUMMARY
Black Eagle Consulting, LLC
BEC is looking forward to leading the City of South Lake Tahoe’s 2024-2025 on-call inspection and materials testing services. These services fit our company mission to “Apply our expertise in geotechnical engineering and construction services to support our clients’ projects while enriching the development of our community.” Local Experience
Our 27-year history in the region and our recent project experience with the City of South Lake Tahoe and other local public agencies makes BEC the clear choice. Due to our ongoing work with the City, BEC is intimately familiar with all local regulations and sister agency requirements. We understand that our inspectors are an extension of the City of South Lake Tahoe and they will work closely with the City and the public to compassionately resolve concerns that arise during construction activities.

Our recent experience includes but is not limited to:
• 2022 TO 2024 CITY OF SOUTH LAKE TAHOE ON-CALL, SOUTH LAKE TAHOE ROAD REHABILITATION • YOSEMITE NATIONAL PARK, REPAIRS ON WAWONA ROAD
• CA FLAP NEC 40(1) DONNER PASS ROAD
• FLINT ROAD RECONSTRUCTION
• SOUTH CARSON COMPLETE STREETS PROJECT
• TAHOE CITY SIDEWALK AND BIKE TRAIL
• EAST LONG STREET 2021 PAVEMENT RECONSTRUCTION
Experienced Team
Similar to the projects listed above, our team fully understands the scope of this assignment. BEC will provide, at a minimum, one fully qualified and certified project inspector who will coordinate daily with the on-site contractors, materials testers, and the City Engineer’s representative. Our inspector(s) will be dedicated full-time to this assignment and will be on-site to prepare daily field reports related to multiple ongoing construction projects. Inspection services include, but are not limited to, construction progress coordination, materials testing coordination, review of contractors’ requests for information (RFIs), and review of construction change orders (CCOs).

In addition to construction inspection, BEC will also provide on-call materials testing and constructability review services, as requested. Our local in-house California Professional Engineer (PE), Shaun Smith, has 27 years of civil design and construction management experience and is available as needed for constructability and project fee estimate reviews.

Shaun will also be supported by Tyler Hough, Quality Control Division Manager; Lindsey Smith, PE, Laboratory Manager; Richard Machado, Project Inspector/Project Manager; and Damian Branco, Construction Inspector.

All of these services dovetail nicely into our existing contract with the City to provide materials testing services for the 2024-2025 construction seasons. To deliver consistency and efficiency, our on-site inspector will coordinate with the City’s Designated Representative to synchronize all additional materials testing and constructability review assignments.

BEC has the expertise, ability, and available senior staff to provide all the construction inspection, materials testing, and constructability review services required for this project. Our team is eager to begin work! 318
C. COMPANY HISTORY, BACKGROUND,

AND EXPERIENCE
319
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 8 C. COMPANY HISTORY, BACKGROUND, AND EXPERIENCE
BLACK EAGLE CONSULTING, LLC an RMA COMPANY
BEC is a Nevada firm that has two offices located at 1345 Capital Boulevard, Suite A, Reno, Nevada 89502, and 3839 North Carson Street, Suite 101, Carson City, Nevada 89706.

BEC Materials Testing Lab is 10 minutes from the project site. BEC provides geotechnical engineering, laboratory materials testing, and construction inspection/testing services to Northern Nevada and Eastern California communities. In February 2024, BEC was acquired by RMA Companies, a national provider of geotechnical and special inspections consulting services with similar values and a strong mission to provide best-in-class services.

BEC provides on-site sampling/testing and in-house laboratory materials testing. In October 1997, our founders launched BEC with a desire to establish and grow long-term client relationships based on Quality – Integrity – Accountability. These guiding principles, coupled with our strong technical and construction background, assure that BEC’s design and construction services are practical and cost-effective while guaranteeing quality and project performance. Over our 27-year history, we have developed an experienced, detailoriented team able to provide our clients with an excellent standard of technical ability and professional service. Our key personnel have worked together as a team for many years. Our staff presently consists of 57 highly qualified and certified employees, including civil engineers, geologists, inspectors, laboratory technicians and field material technicians. All employees live locally, report daily to our respective offices, and are immediately available to provide services. We are well versed in all geotechnical and materials aspects of geotechnical design, construction inspection, and materials testing for street rehabilitation, public buildings and public and private infrastructure projects.

Because BEC maintains such a diverse staff, we are very flexible with respect to the types of services we can provide.

BEC can provide any of the following in-house services individually or as a package, depending on project requirements:

Construction inspection and testing, including International Code Council (ICC) and non-destructive examination inspections; materials engineering and testing; geotechnical/geological and construction engineering consultation.

Our quality control project managers, engineers and field testers have extensive knowledge of the City's Design and Construction Standards, Standard Specifications for Public Works Construction (“Orange Book”), and International Building Code (IBC) 1704 Special Inspection requirements. We can provide thorough and timely review of concrete and asphalt mix designs, construction material submittals, laboratory data and project-specific geotechnical reports. Our inspection and testing staff is available 24 hours a day, 7 days a week to ensure that projects are constructed under optimum conditions (i.e., low traffic times) to help them remain on schedule and on budget.

Our staff includes personnel with vast experience in materials engineering and testing. BEC has complete soils, concrete, and asphalt concrete testing laboratories in Reno and Carson City as well as three mobile labs. Our testing laboratories maintain state-of-the-art equipment and full certification through American Association of State Highway Transportation Officials (AASHTO) Resource for all testing required. All materials sampling will be performed by Nevada Alliance for Quality Transportation Construction (NAQTC) and American Concrete Institute (ACI)-certified staff members who are well-versed in proper sampling techniques. All sampling is done in strict accordance with applicable American Society for Testing and Materials (ASTM), the Nevada Department of Transportation (NDOT) Standard Specification for Road and Bridge Construction (Silver Book), Standard Specifications for Public Works Construction (Orange Book), ACI and NAQTC standards.
320
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 9 C. COMPANY HISTORY, BACKGROUND, AND EXPERIENCE

FIRM INFORMATION
BEC is part of a diverse set of consulting engineering firms that offer services in construction materials engineering, laboratory materials testing and certification, construction inspection and quality management, environmental consulting, engineering geology, and geotechnical engineering. Our passion for high-end service drives constant innovation and investment in developing world-class lab facilities and interactive management technologies.

We serve from our 40-plus offices located in 16 states and are ranked on ENR’s Top 500 list alongside the nation’s top firms. The competitive spirit that lives in every member of our team ensures that we consistently deliver our best results through high-quality technical expertise and devotedly responsive interactions with our clients. We pride ourselves on our proactive solutions and attentive communication in every projec
Over the course of our history, BEC has developed long-standing positive relationships with the agencies and firms we interact with, establishing clear lines of communication and complete team integration. We act as an extension of our clients’ staff and are fully invested in the successful outcome of their projects.

Our clients trust us to act in their best interest by providing superior levels of quality with strict adherence to their budgets and schedules.

With a 60+ year history, BEC and the RMA Companies have a passion for high-end services, constant innovation, and investment in developing world-class laboratory facilities and interactive management technologies. Each member of our staff is committed to service, innovation, and the success of our clients.

Today, we have grown to employ nearly 1,500 of the industry's brightest engineers, geologists, technicians, inspectors, and construction professionals. BEC has the capacity to undertake the project and services for the City of South Lake Tahoe in conformity with the requirements of the RFP.

Geotechnical &
Geological
Engineering
Inspection &
Certification
Construction
Materials Testing
Environmental
Consulting

OFFICES
40+
STATES
16 And we’re still growing!

BLACK EAGLE CONSULTING RENO, NV OFFICE LOCATION

EMPLOYEES
1,500
321
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 10 For this specific project, we will focus on the services required, which is special inspection and include our materials testing in case the lab is needed during the course of the project.

SPECIAL INSPECTION
Our special inspection personnel rely on a substantial amount of project experience and certifications that allow BEC to provide these services on literally any type of construction project. Our inspectors maintain ACI, NAQTC, and ICC certifications for each available category as well as American Welding Society (AWS), and American Society for Nondestructive Testing (ASNT) certifications. Each Level II inspector has in excess of 40 hours of classroom training and 1,900 hours of field experience, as required by ASNT and BEC’s NDT Procedures Manual. Our professionals are certified in ultrasonic testing (UT), radiographic testing (RT), magnetic particle testing (MT), and dye penetrant testing (PT). BEC has a comprehensive and rigorous NDT training and certification program that is administered by our retained Level III certified inspector. We have the most comprehensive and respected inspection and testing qualifications in the region.

This combination of technical expertise and construction experience allows BEC to provide construction inspection services with a practical view and great attention to technical detail. The result is a project that is constructed per plans and specifications, on time and in budget, and most importantly, that will perform as intended.

Our technicians/inspectors are well-versed in all facets of construction, from simple roadways to highly technical buildings and bridge structures. BEC personnel are familiar with local contractors, various materials plants, and construction materials. They also possess vast knowledge of general construction methods practiced in northern Nevada and construction specifications outlined by the IBC, the Orange Book, NDOT, and Caltrans. Our construction inspection capabilities include:
✓ Inspection, testing, and sampling of construction materials, including native subgrade, structural fill, sub-base, aggregate base, pipe bedding, structural backfill, Portland cement concrete (PCC), post-tension slabs, PCC pavement (PCCP), asphalt concrete, grout, mortar and other construction materials by NAQTC-certified testers/inspectors.
✓ Field inspection and sampling of PCC and PCCP for mix design verification to include slump, air content, mix and ambient temperatures, unit weight, yield, casting of concrete beams for flexural strength, and concrete cylinders for compressive strength testing by ACI-certified technicians. ✓ Field sampling and observation of asphalt paving operations, including pre-paving check of the planned paving surface, verification of lay down temperatures and mat thickness, nuclear density testing to establish rolling patterns, sampling of hot-mix for laboratory testing, and coring of pavement to check in-place thickness, compaction, and air voids (mix design verification).
✓ Inspection, testing and sampling of construction materials from source plants and hot-plant calibration. ✓ Special inspection by ICC, AWS, Certified Welding Inspector (CWI) and ASNT certified inspectors with capabilities of inspecting reinforced concrete, pre- and post-tensioned concrete, reinforced masonry, field and shop structural steel and welding (UT and RT), high-strength bolting, anchor proof load testing, fireproofing, fire resistive penetration, roofing, seismic nailing, seismic restraints, residential/commercial building inspection and floor flatness/floor levelness (FF/FL).
✓ Non-destructive testing and inspection including UT, MT, PT, and radiographic (x-ray) inspection. ✓ Review and approval of contractor pay estimates.
✓ Inspection of dedicated improvements to ensure conformance with project drawings and specifications as well as NDOT, Orange Book and Douglas County specifications. ✓ Project documentation, including daily inspection reports, applicable testing reports, quantity calculations, and punch list items.

C. COMPANY HISTORY, BACKGROUND, AND EXPERIENCE
322
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 11

MATERIALS TESTING
Our laboratory and field materials technicians maintain Nevada Alliance for Quality Transportation Construction (NAQTC) and American Concrete Institute (ACI) certifications. BEC has complete soils, concrete, and asphalt concrete testing laboratories in Reno, Nevada, and Carson City, Nevada, and we can also equip mobile laboratories for remote sites.

Our testing laboratory maintains state-of-the-art testing equipment, including an asphalt ignition furnace, kneading compactor (R-Value), Direct Shear machine, etc., and accredited certification through the American Association of State Highway Transportation Officials (AASHTO), Materials Reference Laboratory (AMRL), California Department of Transportation (Caltrans), and the Cement and Concrete Reference Laboratory (CCRL). Our laboratory and field technicians possess a thorough understanding of the Standard Specifications for Public Works Construction (SSPWC or the Orange Book), the American Society for Testing and Materials (ASTM), AASHTO, and Nevada Department of Transportation (NDOT) testing policies and procedures.

BEC has performed special inspection services on some of the largest projects constructed in northern Nevada, including the I-580 Freeway, Tesla Gigafactory, Switch Tahoe-Reno Citadel Campus, Google Data Center Campus, multiple University of Nevada, Reno (UNR) and State Public Works Division (SPWD) projects, and numerous casino and event center developments.

BEC prides itself on being able to provide accurate laboratory test results in a timely manner to allow construction to proceed uninterrupted.

COMPREHENSIVE LABORATORY CAPABILITIES
BEC maintains the most comprehensive laboratory resources available. Our laboratories have sample receiving areas and are equipped with moist curing rooms, fume hoods, compressed air, deionized water, and other general utilities required for certified facilities.

Our moist curing rooms are walk-in storage units with controlled temperature and relative humidity. Our asphalt laboratories are at the cutting edge of the latest technologies performing mix design tests utilizing the Gyratory compactor and rut testing of asphalt mixes utilizing the Hamburg wheel tracking device.

Our universal tension / compression machines run from 60k pounds to 600k pounds and are fully instrumented and equipped to test up to a number 18 reinforcing steel bars. Our laboratories are ISO 17025 accredited and approved to test mechanical couplers, and welded splices and hoops for columns used in construction.

All of our laboratories comply with the requirements for laboratory facilities detailed in ASTM E-329 and are inspected biannually by the Cement and Concrete Reference Laboratory (CCRL) and the American Association of State Highway and Transportation Officials Materials Reference Laboratory (AMRL) of the National Bureau of Standards.

C. COMPANY HISTORY, BACKGROUND, AND EXPERIENCE
323
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 12 BEC actively participates in the Reference Sample Program (RSP) offered by the CCRL, the AMRL, and Caltrans. The Reference Sample Program (RSP) is an integral part of 23 CFR 637 B and evaluates laboratory equipment, testing practices, technician competence, and the accuracy and reproducibility of test results using reference or control samples.

To maintain Caltrans accreditation, laboratories must participate in all RSP rounds involving a test method they actively carry accreditation for. Our certified testing laboratories are also recognized as a soils and physical materials testing agency by additional agencies:

MOBILE LABORATORIES
In addition to our permanent and satellite laboratory facilities, BEC owns a fleet of 15 self-sufficient and customizable mobile laboratories. They operate autonomously with internal power and water, allowing them to be relocated to different project sites throughout the duration of a project, maximizing their efficiency. These self-sufficient units are like mobile workhorses, ready to tackle construction challenges wherever they’re needed. These customizable laboratories can be fully staffed and equipped with all the necessary amenities to support any project. This can include computers with Wi-Fi capability, scanners, telephones, and any additional office equipment as needed. These labs can provide onsite concrete testing as well as sieve analysis, compaction testing of concrete and structural strength tests.

C. COMPANY HISTORY, BACKGROUND, AND EXPERIENCE
• AASHTO
• CCRL
• FAA
• USACE
• DSA
• CRRC
• ISO
• AAP
• A2LA
• AAMA
• ASTM
• OSHPD/HCAI
• Various DOTs
• and many more.
324
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 13 SHAUN SMITH P.E., LEED AP

PRINCIPAL-IN-CHARGE/PROJECT ENGINEER

EDUCATION
B.S., Engineering Science

REGISTRATIONS/CERTIFICATIONS
P.E., Civil, Nevada, No. 015819
P.E., Civil, California, No. 71219
LEED Accredited Professional

YEARS WITH BEC
9 years
BIO
Mr. Smith is a Civil Engineer with over 27 years of design and construction project management experience in northern Nevada. His background and previous work experience include civil engineering design, project management and business development. Mr. Smith has a wealth of design knowledge in working with both public and private sector clients. Mr. Smith is a licensed professional engineer in Nevada and California, and in 2007 he was recognized as the American Society of Civil Engineers, Truckee Meadows Branch, Young Engineer of the Year. Mr. Smith is an active member of the American Society of Civil Engineers, American Public Works Association and the Associated General Contractors of America. As Regional Vice President, it is his responsibility to assure that projects are completed on time, within budget, and to the highest quality and accuracy standards.

RELEVANT EXPERIENCE
• City of Reno On-CAll, Reno, NV
• City of Sparks On-Call, Sparks, NV
• City of South Lake Tahoe On-Call, South Lake Tahoe, NV • State Public Works Division On-Call, NV
• Carson City Highway 50 East Water Main, Carson City, NV • Carson City Production Well Emergency Generators, Carson City, NV • Carson City Long Street Reconstruction, Carson City, NV • Carson City Animal Shelter, Carson City, NV
• Carson City Downtown Streetscape, Carson City, NV
• City of Reno Lakeside Drive Sanitary Sewer Main Replacement, Reno, NV • City of Reno Montello-Carville Neighborhood Street and Sewer & Water Rehabilitation 2011, Reno, NV
• City of Reno Sanitary Sewer & Water Rehabilitation 2009 & 2013, Reno, NV • City of Sparks 2019 FY19 Unit 2
• City of Sparks 2020 Street Rehabilitation Unit 3
• City of Sparks 5 Ridges
• City of Sparks La Posada Drive Roundabout and Roadway Improvement • City of Sparks Silverton Shores Park
• MUSTANG STY 1, Storey County, NV
• NDOT Carson City Freeway 2B-3, Carson City, NV
• NDOT Contract 3745 (Highway 50 Expansion Dayton to Silver Springs), Lyon County, NV • NDOT USA Parkway, Storey County, NV
• RTC 4th Street Station Transit Center, Reno, NV
• RTC Centennial Plaza Transit Center, Sparks, NV
• RTC Lakeside Drive/Manzanita Lane Street Reconstruction, Reno, NV • RTC Pyramid/McCarran Intersection Reconstruction Project, Sparks, NV C. COMPANY HISTORY, BACKGROUND, AND EXPERIENCE
325
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 14

RICHARD MACHADO

PROJECT INSPECTOR/PROJECT MANAGER

EDUCATION
A.A., General Education

REGISTRATIONS/CERTIFICATIONS
ICC Special Inspector: 8915783
Prestressed Concrete
Reinforced Concrete
Structural Masonry
Structural Steel and Bolting
ACI Concrete Field-Testing Technician
Grade 1, No. 01367419
NAQTC No. NV002060
Sampling and Density
Aggregates
Asphalt
Nuclear Density Gauge Certified
Mine Safety and Health
Administration
OSHA, 10-Hour

YEARS WITH BEC
6 years
BIO
Mr. Machado possesses over 11 years of construction experience, with 6 years of inspection and testing experience. Mr. Machado is proficient in sampling and testing soils, PCC, and asphalt concrete, inspecting roadway projects for conformance with project specifications; and developing and completing punch-list items near the end of construction. Additionally, Mr. Machado’s duties include working in the laboratory performing materials testing of aggregates, soils, concrete, and asphalt concrete. As a Project Manager, Mr. Machado is responsible for coordinating projects to include attending Preconstruction Meetings as well as post-construction documentation.

RELEVANT EXPERIENCE
• City of Reno On-CAll, Reno, NV
• City of Sparks On-Call, Sparks, NV
• City of South Lake Tahoe On-Call, South Lake Tahoe, NV • State Public Works Division On-Call, NV
• Tesla, Storey County, NV
• Switch SUPERNAP Data Center, Storey County, NV
• MUSTANG STY 1 (Google), Storey County, NV
• Carson City Downtown Streetscape, Carson City, NV
• East Long Street 2021 Pavement Reconstruction, Carson City, NV • LogistiCenter 395, Reno, NV
• Longley Commerce Center, Reno, NV
• NDOT Cave Rock Tunnel Rehab, Douglas County, NV
• NDOT Contract 3585, Carson City Freeway Phase 2B-3 from Fairview Drive to South Carson Street, Carson City, NV
• NDOT Incline Village to Sand Harbor Bike Path Improvements, Washoe County, NV • Plymouth Drive Road Reconstruction, Douglas County, NV • Reno-Tahoe International Airport Runway 16L-34R; Reno, NV • Roundhill Pines Resort Redevelopment Phase 2, Zephyr Cove, NV • SouthEast Connector, Phase 1 & 2, RTC of Washoe County, Reno, NV • Tesla Gigafactory, Storey County, NV
• The Preserve, Carson City, NV
• USA Parkway Extension, Lyon County/Storey County, NV
• WCSD Nick Poulakidas Elementary School, Reno, NV
• WCSD Rio Wrangler Elementary School, Reno, NV
• WCSD Sky Ranch Middle School, Sparks, NV
C. COMPANY HISTORY, BACKGROUND, AND EXPERIENCE
326
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 15

TYLER HOUGH

QUALITY CONTROL DIVISION MANAGER

EDUCATION
Pioneer High School

REGISTRATIONS/CERTIFICATIONS
ICC Special Inspector: 8373540
Firestopping
Prestressed Concrete
Reinforced Concrete
Residential Energy Inspector
Soils Special
Spray Applied Fire Proofing
Structural Masonry
Structural Steel and Bolting
ACI No. 01029379
Concrete Field-Testing Technician
Grade 1
Concrete Strength Testing
NAQTC No. NV000521
Sampling and Density
Aggregates
Asphalt
MSHA
Nuclear Density Gauge Certified
OSHA, 10- Hour and 30-Hour

YEARS WITH BEC
11 years
BIO
Mr. Hough has over 21 years of construction inspection and testing experience, mainly on large infrastructure projects such as RTC, Storey County Industrial Center, and NDOT. Mr.

Hough is proficient in the following: sampling and testing soils, PCC, and asphalt concrete; inspecting roadway projects for conformance with project specifications; and executing punch-list items near the end of construction. Additionally, Mr. Hough’s responsibilities include project management, reviewing and approving field technicians’ daily field reports, preparing cost estimates for clients, and ensuring accurate invoicing to clients. Mr.

Hough oversees the laboratory’s process and procedure to perform materials testing of aggregates, soils, concrete, and asphalt concrete and distribution of information to clients.

RELEVANT EXPERIENCE
• City of Reno On-CAll, Reno, NV
• City of Sparks On-Call, Sparks, NV
• City of South Lake Tahoe On-Call, South Lake Tahoe, NV • State Public Works Division On-Call, NV
• Carson City Airport Rehabilitation, Carson City, NV
• Carson City Animal Shelter, Carson City, NV
• Carson City Downtown Streetscape, Carson City, NV
• Carson City Highway 50 East Water Main, Carson City, NV • Carson City Long Street Reconstruction, Carson City, NV • Carson City Production Well Emergency Generators, Carson City, NV • Carson City South Carson Complete Streets Project, Carson City, NV • FedEx Distribution Facility, Storey County, Nevada
• Fulcrum Bio-Energy Processing Facility, Storey County, Nevada • Gateway Commerce Warehouse, Storey County, Nevada
• Milan Drive Industrial Center, Storey County, Nevada
• Mustang Industrial SPEC Building, Storey County, Nevada • MUSTANG STY 1 (Google), Storey County, Nevada
• NDOT No. 3164, Mustang/Wadsworth/Pyramid Interchange, Fernley, Washoe, Lyon, Churchill Co., NV
• NDOT No. 3194, US 395 3.14 Miles North of Leviathan Mine Road to Waterloo Lane, Douglas Co., NV
• NDOT No. 3221, SR88, Woodfords Rd, Nevada\California Stateline to Mackland Drive, Douglas Co., NV
• NDOT Contract 3327, Carson City Freeway Phase 2A
• NDOT Contract 3745, Highway 50 Phase 2 Widening, Lyon County, NV C. COMPANY HISTORY, BACKGROUND, AND EXPERIENCE
327
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 16 LINDSEY SMITH P.E.

LABORATORY MANAGER

EDUCATION
B.S., Civil Engineering
Master of Business
Administration

REGISTRATIONS/CERTIFICATIONS
P.E., Civil, Nevada, No. 027759
P.E., Civil, Oregon, No. 100244PE
ACI Concrete Strength Testing
Technician No. 01385171
NAQTC No. NV001930
Aggregates
Asphalt Extended
Nuclear Density Gauge Certified
Radiation Safety Officer
OSHA, 30-Hour

YEARS WITH BEC
11 years
BIO
Ms. Smith is a project engineer in our geotechnical engineering division, and she manages the materials testing laboratory at BEC. As a project engineer, she is responsible for the management of geotechnical engineering projects, including engineering analysis and report writing. As laboratory manager, she is responsible for coordination, data review, and report generation of the laboratory materials testing operations. Ms. Smith is also responsible for training of laboratory personnel, maintaining calibration records for all laboratory equipment, and maintaining laboratory accreditations with NDOT, AASHTO, AMRL, CCRL, and the U.S. Army Corps of Engineers.

RELEVANT EXPERIENCE
• City of Reno On-CAll, Reno, NV
• City of Sparks On-Call, Sparks, NV
• City of South Lake Tahoe On-Call, South Lake Tahoe, NV • State Public Works Division On-Call, NV
• TMWRF Polymer Storage Building, Reno, NV
• TMWA Spring Creek Well 7 Recharge Improvements, Reno, NV • Carson City Animal Shelter, Carson City, NV
• Carson City Downtown Streetscape, Carson City, NV
• Carson City Hwy 50 East Water Main, Carson City, NV
• Carson City Long Street Reconstruction, Carson City, NV • Carson City Production Well Emergency Generators, Carson City, NV • City of Reno Virginia Street Bridge
• City of Sparks 2019 FY 19 Unit 2
• City of Sparks 2020 Streets Rehab. Unit 3
• City of Sparks El Rancho Sewer Improvement
• City of Sparks Kiley Ranch Phase 6
• City of Sparks La Posada Drive Roundabout and Roadway Improvements • City of Sparks Stonebrook Subdivision
• City of Sparks Wingfield Hills Road at Kiley Ranch
• NDOT Spaghetti Bowl Xpress, Reno, NV
• RTC 2019 Reno Consolidated 19-01, Reno, NV
• RTC 2019 Sparks Consolidated 19-01, Sparks, NV
• RTC Lemmon Drive Capacity Improvements & DDI Projects, Reno, NV • RTC Southeast Connector, Phase II; Reno, NV
• RTC Street Rehabilitation, Reno & Sparks, NV
• Tesla Gigafactory, Storey County, NV
C. COMPANY HISTORY, BACKGROUND, AND EXPERIENCE
328
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 17

DAMIAN BRANCO

CONSTRUCTION INSPECTOR

EDUCATION
A.S., Project Management

REGISTRATIONS/CERTIFICATIONS
ICC Special Inspector # 10331186
Reinforced Concrete
Structural Steel & Bolting
Spray Applied Fireproofing
ACI Concrete Field-Testing Technician
Grade 1, No. 02247473
NAQTC No. 002837
Sampling and Density
Aggregates
Asphalt
OSHA, 10-Hour

YEARS WITH BEC
<1 year
BIO
Mr. Branco is mainly focusing on public infrastructure projects and large private developments. His field experience has helped him pass ICC, ACI and NAQTC testing. Mr.

Branco is responsible for field testing and inspection, as well as documentation of work completed. These responsibilities include inspection documentation, and field materials testing of earthwork, utility trench backfill, aggregate base, hot-mix asphalt and PCC placement associated with highway, industrial, and subdivision projects.

RELEVANT EXPERIENCE
• City of Reno On-CAll, Reno, NV
• City of Sparks On-Call, Sparks, NV
• City of South Lake Tahoe On-Call, South Lake Tahoe, NV • State Public Works Division On-Call, NV
• Google, Special Inspector, Storey County, NV
• Tahoe City PUD W. Lake Tahoe Water Treatment Plant, Tahoma, CA • Redwood Materials, Building 1 TI, Storey County, NV
• ABTC Peru Dr, Ph.2, Storey County, NV
• Nevada Commerce Center, Fernley, NV
• 1400 Electric Ave, Storey County, NV
• Mears Pipeline, various, NV
• Sierra Flats, Phase 2, Bdgs 3 and 4; Carson City, NV
• NDOT Pilot Peak New Solar Array, Lander County, NV
• Mt. Rose & Tahoe Meadows Trail Maintenance, Washoe County, NV • Aqua Metals TI, Carson City, NV
• Mt. Grant PT Building, Hawthorne, NV
• Dayton RV Boat & Storage, Carson City, NV
• Royal Apartments Carports, Carson City, NV
• Washoe Stewart Subdivision, Carson City, NV
• Waste Management Loading Ramp, Carson City, NV
C. COMPANY HISTORY, BACKGROUND, AND EXPERIENCE
329
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 18 D. PROJECT INSPECTOR

AND PROJECT TEAM
330
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 19 D. PROJECT INSPECTOR AND PROJECT TEAM
BEC has the best team in place to service the City of South Lake Tahoe Public Works Department for the on-call inspection and materials testing services. In addition to being thoroughly familiar with the project from our work performing the geotechnical inspection and report, we have the most experienced and trusted special inspectors.

Through the previous on-call contract, our team had developed a strong working relationship with the City. Lastly, we have performed special inspection on many projects that are multi-storied and large, greater than 69,000 sq ft. We have the capacity, experience, and capability to ensure your project gets built to code and goes smoothly.

KEY PERSONNEL
Shaun Smith, P.E., LEED AP - Principal-in-Charge/Project Engineer | Mr. Smith is a civil engineer with 27 years of design, EOR, and project management experience. His background and previous work experience include civil engineering design, project management and inspection/testing. Mr. Smith has a wealth of design knowledge in working with both public and private sector clients. Mr. Smith is an active member of the University of Nevada (UNR) College of Engineering Advisory Board. As President, it is his responsibility to assure that projects are completed on time, within budget, and to the highest quality and accuracy standards.

Rich Machado, NAQTC, ACI - Project Inspector/Project Manager | Mr. Machado possesses over 11 years of construction experience, with 5 years of inspection and testing experience with BEC. Mr. Machado is proficient in sampling and testing soils, PCC, and asphalt concrete; inspecting roadway projects for conformance with project specifications; and developing and completing punch-list items near the end of construction. Additionally, Mr. Machado’s duties include working in the laboratory performing materials testing of aggregates, soils, concrete, and asphalt concrete. Mr. Machado is responsible for coordinating projects to include attending preconstruction meetings as well as post-construction documentation.

Tyler Hough, NAQTC, ACI - Quality Control Division Manager | Mr. Hough is the Quality Control Division Manager and has more than 20 years of experience. He holds eight ICC certifications, three NAQTC certifications and an ACI certification. He is responsible for all facets of construction testing and inspection from earthwork through building erection. He is responsible for managing projects to ensure the contract plans, specifications, schedule and budget are being met. He will also be in the field performing the special inspections.

Lindsey Smith, P.E., NAQTC - Laboratory Manager | Ms. Smith possesses a Bachelor of Science in Civil Engineering and a Master of Business Administration from the University of Nevada, Reno. Ms. Smith manages the materials testing laboratory. She is responsible for coordination, data review, and report generation of the laboratory materials testing operations. Ms. Smith is also responsible for training of laboratory personnel, maintaining calibration records for all laboratory equipment, and maintaining laboratory accreditations with NDOT, AASHTO, AMRL, CCRL, and the Army Corp of Engineers. Ms. Smith will be the Laboratory Materials Testing Manager on this project.

Damian Branco - Construction Inspector | Mr. Branco possesses over 3 years of construction experience. Mr. Branco is just 1 semester away from obtaining his bachelor's degree in construction management from Western Nevada College. Mr. Branco is proficient in sampling and testing soils, PCC, and asphalt concrete; inspecting roadway projects for conformance with project specifications; and keeping accurate and complete document control. Additionally, Mr.

Branco’s duties include working in the laboratory performing materials testing of aggregates, soils, concrete, and asphalt concrete.
331
E. SCOPE OF WORK/IMPLEMENTATION
332
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 21 E. SCOPE OF WORK/IMPLEMENTATION
Upon awarded completion this project our first step would be to call a meeting with the City of South Lake Tahoe, fulltime site inspector, materials tester(s) and our in-house California registered professional engineer. During this meeting, we would discuss the details, roles and responsibilities of each position. This is where we would cater our professional services to an outline best fitted to the City of South Lake Tahoe already in place programs and procedures. After we have a clear understanding of the roles and responsibilities of all parties involved, we will start our day-to-day business.

At the start of each project, we will start off with a thorough plan and specification review to better understand each project. During this process we will pick through the plans with a skilled eye to check for potential complications or conflicts that could be encountered during construction. We will then meet with the design team and the South Lake Tahoe city engineer to discuss any potential issues that we have found during plan review. During this process we will prepare a projected testing matrix, bid item matrix and quantity tracking log that our project inspector will update throughout the duration of each project.

In addition to our standard plan and specification review. BEC can provide a detailed constructability review on an as needed basis as directed by the City of South Lake Tahoe. This constructability review will be led by Shaun Smith who possesses his California PE and has over 27 years’ experience in civil engineering with 18 years of that being in civil design and 9 years in Geotech engineering and materials inspection. Shaun will coordinate this review directly with the City of Southlake Engineering manager and the design engineers.

As we enter into the start of construction our full-time inspector, Richard Machado, and The City of South Lake representative will call a pre-construction meeting with the contractor to discuss the construction activities. At this meeting we will talk about the submittal review process, pay applications, quantity tracking, RFI procedures, traffic control plans, BMP’s, work hours, scheduling inspections, three week look ahead, potential change orders and scheduling of weekly construction meetings.

As construction starts, our full-time inspector and/or The City of South Lake Inspector will coordinate on a daily basis on contract activities within the basin. During the day-to-day activities, our inspector will observe and document each activity that is being performed by the contractor. Some of the activities will include but are not limited to inspection of traffic control devices, documentation to the general public on road closures, daily inspection of BMP’s and SWPPP requirements, inspection of material deliveries, scheduling of materials tester, assuring materials are tested and accepted per the project specifications and sampling and testing frequencies, employee interviews for prevailing wage requirements per the California labor code, change order tracking, inspection of construction procedures meets the project specifications and details, daily coordination with contractors, coordination with utility jurisdictions, review of billing, perform final job walks, develop a final punch list, project closeout documentation, etc.

With Richard Machado spending the last three construction seasons working directly with the City of South Lake Tahoe we feel that Richard is the most qualified and knowledgeable for this position. Richard has an outstanding history of great documentation control and reporting. Rich’s communication skills and outgoing demeanor to dealing with the general public, contractors, engineering staff and utility owners is beyond impressive. We will not be disappointed with the results. Richard has over 10 years of construction inspection experience three of them as the QC manager for 3D Concrete and seven of them as a materials inspector/project manager with BEC Richard has completed his training for his QSP certification and is currently enrolled to complete the test required and posses this certification by mid-July of 2024. With Rich having his permanent residence in Minden Nevada he is just a short 25–30-minute drive to South Lake Tahoe. Rich will be available 24/7 for emergencies and readily available to act fast in any circumstances. 333
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 22 In addition to Richard Machado, we will have Tyler Hough and Damian Branco as a backup full time inspector/tester on an as needed basis during peak construction, vacations and emergencies. Tyler possesses over 21 years in materials inspection and testing experience with the mast majority managing heavy civil infostructure projects. Damian Branco possesses three years of construction experience of that three years Damian has worked for BEC as a materials inspector for one year and two years with Environmental Protection Services. Damian has been a full-time college student and a full-time employee the last three years and is only two courses away of obtaining his bachelor’s degree in construction management. Damian has completed his training for his QSP certification and is currently enrolled to complete the test required and possess this certification by mid-July of 2024. Tyler and Damian's documentation control as well has his personal demeanor is beyond outstanding. Tyler and Damian will also be available 24/7 for emergencies and readily available to act fast in any circumstances.

With BEC having over 25 certified inspectors and testers, we will have inspectors and testers ready and available 24 hours a day, 7 days a week for any circumstances that this job may bring.

E. SCOPE OF WORK/IMPLEMENTATION
334
F. PROJECT BUDGET
335
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 24 F. PROJECT BUDGET
On-site full-time inspector - Weekly all-inclusive rate = $6,400.00* (40 Hours per week)
On-site tester all-inclusive hourly rate = $160.00/hr*
Constructibility review all-inclusive hourly rate = $160.00/hr* *This weekly all-inclusive rate accounts for equipment, travel time, vehicle and millage. Overtime will be billed at a 1.25 multiplier per hour of our all-inclusive prevailing wage rate. *Please note, the aforementioned all-inclusive prevailing wage rate reflects El Dorado County, California's, predetermined rate increase through December 31, 2025.

Laboratory rates will be billed at our standard rates for service attached.

LABORATORY RATES

TESTS UNIT PRICE
SOILS TESTING:

Moisture Content (ASTM D 2216) $ 25.00/test
Moisture Content and Dry Density (ASTM D 2937) $ 50.00/test Atterberg Limit (ASTM D 4318) $100.00/test
Minus 200 Wash (ASTM D 1140) $ 80.00/test
Standard Sieve Analysis $110.00/test
Hydrometer Analysis minus No. 10 (ASTM D 422) $225.00/test Soil Specific Gravity (ASTM D 854) $ 95.00/test
R-Value, Untreated Field Sample (ASTM D 2844) $300.00/test ¾” Batching add $35.00/test
Consolidation, 4 points & 1 Rebound Point (ASTM D 2435) $350.00/test Direct Shear, UU, CU, CD (ASTM D 3080) $350.00/test
Unconfined Compression (ASTM D 2166) $100.00/test
Durability Index $150.00/test
California Bearing Ratio $700.00/test
Resistivity (Miller Soil Box) $100.00/test
Standard Proctor Compaction (ASTM D 698)
Method A or B (4-inch mold) or Method C (6-inch mold) $175.00/test Modified Proctor Compaction (ASTM D 1557)
Method A or B (4-inch mold) or Method C (6-inch mold) $185.00/test Compaction Check Point (4-inch or 6-inch mold) $ 60.00/test Rock Correction (ASTM D 4718) $ 95.00/test
Harvard Miniature (Nev T-101) $250.00/test
Expansion Index $180.00/test
336
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 25 F. PROJECT BUDGET
AGGREGATE TESTING:

Standard Sieve Analysis $110.00/test
Atterberg Limit (ASTM D 4318) $100.00/test
Moisture Content (ASTM D 2216) $ 25.00/test
Specific Gravity Fine Aggregate with Absorption (ASTM C 128) $ 95.00/test Specific Gravity Coarse Aggregate with Absorption (ASTM C 127) $ 95.00/test Clay Lumps and Friable Particles (ASTM C 142) $ 90.00/test Flat and Elongated Particles (CRD 119, 120) $ 80.00/test Fractured Faces (Nev T-230) $ 80.00/test
Sand Equivalent (ASTM D 2419) $125.00/test
Cleanness Test of Aggregate $125.00/test
Organic Impurities (ASTM C 40) $ 75.00/test
Dry Unit Weight of Aggregate (ASTM C 29) $ 60.00/test
Sodium Soundness of Aggregate (ASTM C 88) $ 95.00/fraction Los Angeles Rattler, 1.5 inch minus aggregate size (ASTM C 131) and Los Angeles Rattler, greater than 1.5-inch aggregate size (ASTM C 535) $300.00/test PORTLAND CEMENT TESTING:

Compression of Concrete Cylinder (ASTM C 39) $ 25.00/ea.

Compression of Grout Cylinder (UBC 24-28) $ 25.00/ea.

Compression of Mortar Cylinder (UBC 24-22) $ 25.00/ea.

Compression of Cored Concrete (ASTM C 42) $ 50.00/ea.

Compression of Shotcrete per Core $100.00/ea.

Flexural Strength of Concrete Beams (ASTM C 78, C 293) $100.00/ea.

Splitting Tensile Strength of Concrete Cylinder (ASTM C 496) $ 55.00/ea.

MASONRY TESTING:

Compression of Masonry Unit (ASTM C 140) (Set of 3) $210.00/set Compression of Masonry Prism (ASTM C 1314) $150.00/ea.

Shrinkage (Set of 3) $450.00/set
Moisture (Set of 3) $120.00/set
ASPHALT CONCRETE TESTING:

Bitumen Content by Ignition $120.00/test
Asphalt Gradation $100.00/test
Marshall Stability and Flow, Compaction and Unit Weight (ASTM D 1559) $230.00/test Maximum Theoretical Specific Gravity (ASTM D 2041) $100.00/test Unit Weight of Asphalt Cores (ASTM D 2726) $ 40.00/ea.

Hveem Compaction and Stability $130.00/ea.

Hot Mix Asphalt Mix Design P.O.R.*
CTB Mix Design P.O.R.*
MISCELLANEOUS:

Mobile Asphalt/Soils Testing Laboratory P.O.R.*
Special Handling $ 75.00/hour
Rush Charge 50% Additional Charge
Fireproofing $ 75.00/test
337
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 26

ADDITIONAL INFORMATION
Laboratory test unit prices are based upon the average running time required for each test. Special research, sample or equipment preparation or laboratory consulting will be based upon hourly personnel charges.

Any specialized testing not covered by this fee schedule will be developed or subcontracted out under BEC supervision. Costs for these tests will be time-and-materials. When applicable, subcontractors’ fees will be invoiced at cost plus ten (10) percent.

All samples will be discarded thirty (30) days after submission of our report, unless otherwise directed by the client. Upon request, Black Eagle Consulting, LLC. will deliver samples to the client, shipping collect on delivery, or will store them for an agreed charge.
* Price on request
F. PROJECT BUDGET
338
G. RECENT PROJECTS/REFERENCES
339
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 28 G. RECENT PROJECTS/REFERNCES

CITY OF SOUTH LAKE TAHOE ON-CALL, SOUTH LAKE TAHOE

ROAD REHABILITATION

SOUTH LAKE TAHOE, CA

CLIENT NAME
City of South Lake Tahoe

CONTACT
Randy Carlson
PHONE
530.542.6033
In 2022, BEC performed
the underground utility
infrastructure for the South
Lake Tahoe Recreation and
Aquatic Center site. We were
specifically involved with
the bedding and backfilling
of the electrical trenches
and transformer pads. We
coordinated with the local City
of South Lake Tahoe utility
inspectors, took soil samples,
performed lab testing and
overall, quality assurance.
2022 also saw the Tahoe Keys
Road Rehabilitation project where AC placement, density testing and sampling and coring, lab testing and quality assurance were performed by BEC.

In 2023, BEC performed inspection and testing services for the Road Rehabilitation and Pioneer Trail Emergency AC Patchwork project (PWC 23- 30150005-04) that addressed the repaving of D Street from Lake Tahoe Boulevard to Julie Lane; Julie Lane to F Street; Margaret Avenue from Delta to F Street; Dedi Avenue from Delta to F Street; Delta Street from Tata Lane to Julie Lane; B Street from Tata Lane to Julie Lane; and Ski Run Boulevard from Pioneer to Saddle Road.

We performed quality assurance, PCC placement, AC densities, sampling and lab testing services for the Barton Avenue to 2nd Street Drainage project. This City project #301-40054-01.

The Lake Tahoe Boulevard Class 1 Bicycle Trail Project also fell under this on call. BEC did the quality assurance, PCC Placement, materials testing, and performed AC placement density testing, sampling and coring for the bike path on the subgrade, aggregate base. We also worked on the electrical utility work for bike path lights.
340
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 29 G. RECENT PROJECTS/REFERNCES

YOSEMITE NATIONAL PARK, REPAIRS ON WAWONA ROAD

MARIPOSA, CA

CLIENT NAME
Genesis Design &
Development, LLC

CONTACT
Antonia Rivera
PHONE
316.293.6559
During the winter of 2020, BEC provided materials testing, inspections, and 1704 SI services for the above-referenced project. BEC's certified field technicians and inspectors performed density testing on native subgrade, trench backfill/fill materials for the storm drains, and the AB for asphalt paving. BEC's certified special inspectors inspected and documented the following: masonry headwalls, grout encasements within the rock anchors, and conducted pull-testing on rock anchors. Grout samples were obtained by BEC's certified field technicians and returned to BEC's nationally accredited Carson City, NV, laboratory for compressive strength testing. Additionally, asphalt samples were obtained and tested for extraction, sieve analysis, and theoretical specific gravity. Further, AB samples were obtained and tested for maximum density, sieve analysis, and Atterberg limit tests. All aforementioned testing was performed by certified laboratory technicians. 341
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 30 G. RECENT PROJECTS/REFERNCES
CA FLAP NEC 40(1) DONNER PASS ROAD

SODA SPRINGS, CA

CLIENT NAME
Carson City Public Works

CONTACT
Nick Herback
PHONE
775.309.9354
BEC provided full-time (FT) materials testing and inspection services for the above-referenced FHWA project which rehabilitated asphalt pavement and widened 6.54 miles of roadway shoulders for bike lanes from Exit 174 on Interstate 80 in Soda Springs to the Truckee City limits, CA. Per FP-14 specifications, our certified field technicians and inspectors performed FT materials testing services during asphalt paving as well as materials testing, inspections, and 1704 SI documentation. Specifically, they performed density testing of AB, native subgrade, and shoulder materials while also obtaining asphalt core samples to be tested for in-place density. All samples were delivered certified field to our nationally accredited laboratory in Reno, NV, for certified technicians to perform sieves, Proctors, Atterberg limit tests on utility backfill/AB/native subgrade/fill materials; extraction by ignition, gradation, theoretical maximum specific gravity, and Marshall properties on asphalt samples; asphalt cores were tested for thickness and in-place air voids; and PCC cylinders were tested for compressive strength.
342
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 31 G. RECENT PROJECTS/REFERNCES

FLINT ROAD RECONSTRUCTION

CARSON CITY, NV

CLIENT NAME
Carson City Public Works

CONTACT
Brian Elder, PE
PHONE
775.283.7586
This project involved the reconstruction of Flint Road located between US Highway 50 (US 50) and Eastgate Siding Road in Carson City, NV.

Certified special inspectors and field technicians performed on-site materials testing to include density testing of roadway AB materials and obtained hotmix asphalt samples and cores during paving and returned to our nationally accredited Carson City, NV, laboratory for testing. Certified laboratory technicians performed: sieve analysis, Atterberg limits, and maximum density (Proctor) testing on AB materials; bituminous ratio, maximum specific gravity and gradation testing on hot-mix asphalt; and in-place density, and thickness tests on asphalt cores.
343
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 32 G. RECENT PROJECTS/REFERNCES

SOUTH CARSON COMPLETE STREETS PROJECT

CARSON CITY, NV

CLIENT NAME
Carson City Public Works

CONTACT
Brian Elder, PE
PHONE
775.283.7586
The South Carson Complete Streets Project renovated areas of Carson City, accommodating sustainable economic growth, and enhanced the city’s quality of life by providing safer travel opportunities for pedestrians, cyclists and motorists as well as creating a more aesthetically pleasing and inviting gateway into Nevada’s state capital. The overall project encompassed complete street improvements from Fifth Street to 1,400 feet north of the Carson City I-580 Freeway terminus (Appion Way), as well as significant upgrades and expansion to critical utility infrastructure along the corridor. New sidewalks and a paved multi-use path were added for pedestrians. The project limits extended approximately 2.5 miles and had a project construction cost of $20 million.

BEC was the geotechnical Engineer-of-Record for this project. The firm provided permitting, geotechnical investigation, and final design reporting.

In addition, BEC contracted with Carson City Public Works to complete Independent Assurance testing on this project. Our duties included density testing of backfill material during installation of electrical conduit; water piping; and storm drain and sanitary sewer gravity lines. In addition, BEC provided field testing during earthwork operations; aggregate base placement; PCC placement; cement treated base operation; and asphalt paving.

Laboratory material testing included sieve analyses, Atterberg limits, modified Proctors, fractured faces, sand equivalents, cleanness values, specific gravity and absorptions, resistance to wear, and R-values to characterize the soil and aggregate sources. In addition, hot-mix asphalt samples were taken and tested for extraction by ignition, gradation, theoretical maximum specific gravity, and Marshall properties along with concrete cylinder compressive strength testing related to PCC site improvements.
344
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 33 G. RECENT PROJECTS/REFERNCES
TAHOE CITY SIDEWALK AND BIKE TRAIL OPTION X, SR 89 AND
SR 28 INTERSECTION

CARSON CITY, NV

CLIENT NAME
Carson City Public Works

CONTACT
Nick Herback
PHONE
775.309.9354
The Tahoe City Sidewalk and Bike Trail project included 0.4 miles of bike path construction, broken into three separate locations. The project also included

0.25 miles of sidewalk construction at three different locations. The addition of

0.25 miles of lighting infrastructure improvements along West Lake Boulevard was also included. There were 700 tons of asphalt concrete pavement and 800 sq yds of concrete sidewalk for the project. The project tied into the existing Truckee River Bridge project. BEC provided materials testing and inspection and 1704 inspection for this federal highway project.
345
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 34 G. RECENT PROJECTS/REFERNCES
EAST LONG STREET 2021 PAVEMENT RECONSTRUCTION

CARSON CITY, NV

CLIENT NAME
Carson City Public Works

CONTACT
Brian Elder
PHONE
775.283.7362
Beginning in August of 2021, BEC provided materials testing and inspection services for the reconstruction of East Long Street in Carson City, Nevada.

For this work, BEC performed inspection and density testing of subgrade and aggregate base, inspection for bedding and backfill of utilities, testing of concrete placement, and inspection and testing of asphalt pavement patching.

All laboratory testing was performed at BEC’s Carson City which included compressive strength for concrete cylinders; bituminous ratios, sieve analysis and maximum specific gravity for asphalt samples; and Atterberg limits, proctor curves and sieve analysis for soil samples.
346
CITY OF SOUTH LAKE TAHOE | ON-CALL INSPECTION AND MATERIALS TESTING SERVICES 35 G. RECENT PROJECTS/REFERNCES

PLYMOUTH DRIVE ROAD RECONSTRUCTION

RENO, NV

CLIENT NAME
Herback General Engineering

CONTACT
Jake Melvin (Former Employee)
PHONE
775.267.6800
The Plymouth Drive Road Reconstruction project involved installing approximately 36,000-sf of pulverizing and repaving, pavement striping, aggregate V-ditches, concrete curbs, valley gutters, and related appurtenances.

BEC provided materials testing and inspection for this reconstruction project.

BEC did sampling and testing for the pulverization and grading of the existing roadway, testing for the compaction of the aggregate base prior to asphalt concrete (AC) placement, and sampling and testing for the subgrade material.

Site utilities included density testing for bedding and backfill for the 72-inch storm drain manhole, 18-inch reinforced concrete pipe storm drain, and for the culvert, corrugated metal pipe remove and replace. BEC sampled asphalt concrete, established rolling patterns checked density of the hot-mix asphalt materials, and extracted six 4-inch diameter cores for the compacted AC and backfilled the areas with non-shrink grout. BEC performed laboratory testing on soil samples for plasticity index tests, modified proctor curves, and sieve analyses to characterize the native subgrade, pulverized existing AC/AB, and import materials; concrete cylinders tested for compressive strength; and hotmix samples tested for extraction by the ignition test method, gradation after ignition, flow/stability, and maximum theoretical specific gravity. 347

ATTACHMENTS
348
349
350
351
352
Learn more at RMACompanies.com
A national firm with a global reach.
353

EXHIBIT B

SCHEDULE OF CHARGES AND TIMELINE
354
29 of 32

EXHIBIT B

SCHEDULE OF CHARGES
BUDGET

1. 1nspection Services:

Weekly Inspector Rate (All Inclusive)
Hourly Rate (if authorized in writing):

Travel and out-of-pocket expenses (included in
Weekly rate)
Total for Inspection Services:

2. Materials Testing:

On time and materials per the Rate Sheet in the
Proposal for not to exceed amount:

3. Constructability Reivews:

On time and materials at $160/hour, per the Rate
Sheet in the Proposal for not to exceed amount:

GRAND TOTAL (not to exceed)
$6,400.00 per week
$160.00/hour
This not to exceed total includes1 full time inspector 40 hours per week from July 1, 2024 to October 15, 2024.

Total Not to Exceed
$96,000
Total Not to Exceed:
$90,000
Total Not to Exceed:
$19,000
Total Not to Exceed:
$205,000
355

EXHIBIT C

ANTI-LOBBYING CERTIFICATION
356
357

EXHIBIT D
Certificate of Insurance
358

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
5/31/2024
Acrisure Partners West Coast Insurance Services, LLC
1950 W. Corporate Way #1
Anaheim CA 92801
Certificate Department 9256862860 [email protected] License#: 6009644 Hartford Casualty Insurance Company 29424 BLACEAG-02 The Travelers Indemnity Company of Connecticut 25682 Black Eagle Consulting LLC
12130 Santa Margarita Ct
Rancho Cucamonga CA 91730-6138
The Phoenix Insurance Company 25623 Travelers Property Casualty Company of America 25674 1289364048 B X 1,000,000 X 1,000,000 5,000 1,000,000 2,000,000 X
Y Y 6809X105791 6/1/2024 6/1/2025
2,000,000
C
1,000,000 X
X X
Y Y BA9X1058581 6/1/2024 6/1/2025
D X X
CUP9X105938 6/1/2024 6/1/2025
5,000,000 5,000,000
A X
N
Y 57WEOL64HFB 3/1/2024 3/1/2025
1,000,000 1,000,000 1,000,000
As required by written contract/agreement/permit, the following endorsements apply to the Certificate Holder and/or any other entity named in this section:

General Liability Additional insured, Primary Non-Contributory, Per Project Aggregate and Waiver of Subrogation per attached forms; Auto Liability Additional Insured, Primary Non-Contributory and Waiver of Subrogation per attached forms. Workers' Compensation Waiver of Subrogation per attached form.

Re: All Contracts/Written Agreements between the Certificate Holder and the Insured. City of South Lake Tahoe, its elected or appointed officers, officials, employees, agents and volunteers. City of South Lake Tahoe 1740 D Street
South Lake Tahoe 359

COMMERCIAL AUTO
Symbol Description Of Covered Auto Designation Symbols
1 2
Only
3 Owned Private
"Autos" Only
4 Owned
"Autos" Other
Than Private
"Autos" Only
5 Subject To
No-fault
6 Subject To A
Compulsory
Uninsured
Motorists Law
7 Specifically
Described
"Autos"
8 Only
9 "Autos" Only
CA 00 01 10 13 © Insurance Services Office, Inc., 2011
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS AUTO COVERAGE FORM

Page 1 of 12 ends

Any "Auto"
Owned "Autos"
Passenger
Passenger
Owned "Autos"
Owned "Autos"
Hired "Autos"
Non-owned
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.

The words "we", "us" and "our" refer to the company
providing this insurance.

Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V – Definitions.

SECTION I – COVERED AUTOS
Item Two of the Declarations shows the "autos" that
are covered "autos" for each of your coverages. The
following numerical symbols describe the "autos" that
may be covered "autos". The symbols entered next to
a coverage on the Declarations designate the only
"autos" that are covered "autos".

A. Description Of Covered Auto Designation
Symbols
Only those "autos" you own (and for Covered Autos Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins.

Only the private passenger "autos" you own. This includes those private passenger "autos" you acquire ownership of after the policy begins.

Only those "autos" you own that are not of the private passenger type (and for Covered Autos Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" not of the private passenger type you acquire ownership of after the policy begins.

Only those "autos" you own that are required to have no-fault benefits in the state where they are licensed or principally garaged. This includes those "autos" you acquire ownership of after the policy begins provided they are required to have nofault benefits in the state where they are licensed or principally garaged.

Only those "autos" you own that because of the law in the state where they are licensed or principally garaged are required to have and cannot reject Uninsured Motorists Coverage. This includes those "autos" you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists requirement.

Only those "autos" described in Item Three of the Declarations for which a premium charge is shown (and for Covered Autos Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three).

Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households.

Only those "autos" you do not own, lease, hire, rent or borrow that are used in connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs.

POLICY NUMBER: BA9X1058581
360

COMMERCIAL AUTO
19 Mobile Equipment Subject To
Compulsory Or
Financial
Or Other Motor
Vehicle Insurance Law Only
© Insurance Services Office, Inc., 2011 CA 00 01 10 13
Responsibility

Page 2 of 12 ends

Only those "autos" that are land vehicles and that would qualify under the definition of "mobile equipment" under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged.

B. Owned Autos You Acquire After The Policy
Begins

1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered
next to a coverage in Item Two of the Declarations, then you have coverage for "autos" that you acquire of the type described for the
remainder of the policy period.

2. But, if Symbol 7 is entered next to a coverage
in Item Two of the Declarations, an "auto" you
acquire will be a covered "auto" for that coverage only if:
a. We already cover all "autos" that you own
for that coverage or it replaces an "auto"
you previously owned that had that coverage; and
b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage.

C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Covered Autos Liability Coverage is provided by
this Coverage Form, the following types of vehicles are also covered "autos" for Covered Autos Liability Coverage:

1. "Trailers" with a load capacity of 2,000
pounds or less designed primarily for travel
on public roads.

2. "Mobile equipment" while being carried or
towed by a covered "auto".

3. Any "auto" you do not own while used with
the permission of its owner as a temporary
substitute for a covered "auto" you own that is
out of service because of its:
a. Breakdown;
b. Repair;
c. Servicing;
d. "Loss"; or
e. Destruction.

SECTION II – COVERED AUTOS LIABILITY COVERAGE
A. Coverage
We will pay all sums an "insured" legally must pay
as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the
ownership, maintenance or use of a covered
"auto".

We will also pay all sums an "insured" legally
must pay as a "covered pollution cost or expense"
to which this insurance applies, caused by an
"accident" and resulting from the ownership,
maintenance or use of covered "autos". However,
we will only pay for the "covered pollution cost or
expense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident".

We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "property damage" or a "covered pollution cost or expense" to which this insurance does not
apply. We may investigate and settle any claim or
"suit" as we consider appropriate. Our duty to defend or settle ends when the Covered Autos Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements.

1. Who Is An Insured
The following are "insureds":
a. You for any covered "auto".
b. Anyone else while using with your permission a covered "auto" you own, hire or borrow except:
(1) The owner or anyone else from
whom you hire or borrow a covered
"auto".

This exception does not apply if the
covered "auto" is a "trailer" connected
to a covered "auto" you own.
361

COMMERCIAL AUTO
CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 3 of 12 (2) Your "employee" if the covered "auto"
is owned by that "employee" or a
member of his or her household.
(3) Someone using a covered "auto"
while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that
business is yours.
(4) Anyone other than your "employees",
partners (if you are a partnership),
members (if you are a limited liability
company) or a lessee or borrower or
any of their "employees", while moving property to or from a covered "auto".
(5) A partner (if you are a partnership) or
a member (if you are a limited liability
company) for a covered "auto" owned
by him or her or a member of his or
her household.
c. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability.

2. Coverage Extensions
a. Supplementary Payments
We will pay for the "insured":
(1) All expenses we incur.
(2) Up to $2,000 for cost of bail bonds
(including bonds for related traffic law
violations) required because of an
"accident" we cover. We do not have
to furnish these bonds.
(3) The cost of bonds to release attachments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance.
(4) All reasonable expenses incurred by
the "insured" at our request, including
actual loss of earnings up to $250 a
day because of time off from work.
(5) All court costs taxed against the "insured" in any "suit" against the "insured" we defend. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the "insured".
(6) All interest on the full amount of any
judgment that accrues after entry of
the judgment in any "suit" against the
"insured" we defend, but our duty to
pay interest ends when we have paid,
offered to pay or deposited in court
the part of the judgment that is within
our Limit of Insurance.

These payments will not reduce the Limit
of Insurance.
b. Out-of-state Coverage Extensions
While a covered "auto" is away from the
state where it is licensed, we will:
(1) Increase the Limit of Insurance for
Covered Autos Liability Coverage to
meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered
"auto" is being used. This extension
does not apply to the limit or limits
specified by any law governing motor
carriers of passengers or property.
(2) Provide the minimum amounts and
types of other coverages, such as nofault, required of out-of-state vehicles by the jurisdiction where the covered
"auto" is being used.

We will not pay anyone more than once
for the same elements of loss because of
these extensions.

B. Exclusions
This insurance does not apply to any of the following:

1. Expected Or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the "insured".

2. Contractual
Liability assumed under any contract or
agreement.

But this exclusion does not apply to liability
for damages:
a. 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; or
b. That the "insured" would have in the absence of the contract or agreement.

3. Workers' Compensation
Any obligation for which the "insured" or the
"insured's" insurer may be held liable under
any workers' compensation, disability benefits
362

COMMERCIAL AUTO

Page 4 of 12 ends

or unemployment compensation law or any
similar law.

4. Employee Indemnification And Employer's
Liability
"Bodily injury" to:
a. An "employee" of the "insured" arising out
of and in the course of:
(1) Employment by the "insured"; or
(2) Performing the duties related to the
conduct of the "insured's" business;
or
b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph a. 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.

But this exclusion does not apply to "bodily injury" to domestic "employees" not entitled to workers' compensation benefits or to liability
assumed by the "insured" under an "insured
contract". For the purposes of the Coverage
Form, a domestic "employee" is a person engaged in household or domestic work performed principally in connection with a residence premises.

5. Fellow Employee
"Bodily injury" to:
a. Any fellow "employee" of the "insured"
arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct
of your business; or
b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above.

6. Care, Custody Or Control
"Property damage" to or "covered pollution
cost or expense" involving property owned or
transported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement.

7. Handling Of Property
"Bodily injury" or "property damage" resulting
from the handling of property:
a. Before it is moved from the place where it
is accepted by the "insured" for movement into or onto the covered "auto"; or b. After it is moved from the covered "auto"
to the place where it is finally delivered by
the "insured".

8. Movement Of Property By Mechanical Device
"Bodily injury" or "property damage" resulting
from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered
"auto".

9. Operations
"Bodily injury" or "property damage" arising
out of the operation of:
a. Any equipment listed in Paragraphs 6.b.
and 6.c. of the definition of "mobile
equipment"; or
b. Machinery or equipment that is on, 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.

10. Completed Operations
"Bodily injury" or "property damage" arising
out of your work after that work has been
completed or abandoned.

In this exclusion, your work means:
a. Work or operations performed by you or
on your behalf; and
b. Materials, parts or equipment furnished in
connection with such work or operations.

Your work includes warranties or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in Paragraph a. or b.
above.

Your work will be deemed completed at the
earliest of the following times:
(1) When all of the work called for in your
contract has been completed;
(2) When all of the work to be done at
the site has been completed if your
363

COMMERCIAL AUTO
CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 5 of 12 contract calls for work at more than
one site; or
(3) 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.

11. Pollution
"Bodily injury" or "property damage" arising
out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants":
a. That are, or that are contained in any
property that is:
(1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto";
(2) Otherwise in the course of transit by
or on behalf of the "insured"; or
(3) Being stored, disposed of, treated or
processed in or upon the covered
"auto";
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or
c. After the "pollutants" or any property in
which the "pollutants" are contained are
moved from the covered "auto" to the
place where they are finally delivered,
disposed of or abandoned by the "insured".

Paragraph a. above does not apply to fuels,
lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts if:
(1) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part
designed by its manufacturer to hold,
store, receive or dispose of such "pollutants"; and
(2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment".

Paragraphs b. and c. above of this exclusion
do not apply to "accidents" that occur away
from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if:
(a) The "pollutants" or any property
in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and
(b) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage.

12. War
"Bodily injury" or "property damage" arising
directly or indirectly out of:
a. War, including undeclared or civil war;
b. 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
c. Insurrection, rebellion, revolution,
usurped power or action taken by governmental authority in hindering or defending against any of these.

13. Racing
Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also
does not apply while that covered "auto" is
being prepared for such a contest or activity.

C. Limit Of Insurance
Regardless of the number of covered "autos",
"insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined resulting from any one "accident" is the Limit Of Insurance for
Covered Autos Liability Coverage shown in the
Declarations.
364

COMMERCIAL AUTO

Page 6 of 12 ends

All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continuous or repeated exposure to substantially
the same conditions will be considered as resulting from one "accident".

No one will be entitled to receive duplicate payments for the same elements of "loss" under this Coverage Form and any Medical Payments Coverage endorsement, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage
Part.

SECTION III – PHYSICAL DAMAGE COVERAGE
A. Coverage

1. We will pay for "loss" to a covered "auto" or
its equipment under:
a. Comprehensive Coverage
From any cause except:
(1) The covered "auto's" collision with
another object; or
(2) The covered "auto's" overturn.
b. Specified Causes Of Loss Coverage
Caused by:
(1) Fire, lightning or explosion;
(2) Theft;
(3) Windstorm, hail or earthquake;
(4) Flood;
(5) Mischief or vandalism; or
(6) The sinking, burning, collision or derailment of any conveyance transporting the covered "auto". c. Collision Coverage
Caused by:
(1) The covered "auto's" collision with
another object; or
(2) The covered "auto's" overturn.

2. Towing
We will pay up to the limit shown in the Declarations for towing and labor costs incurred each time a covered "auto" of the private
passenger type is disabled. However, the labor must be performed at the place of disablement.

3. Glass Breakage – Hitting A Bird Or Animal
– Falling Objects Or Missiles
If you carry Comprehensive Coverage for the
damaged covered "auto", we will pay for the
following under Comprehensive Coverage:
a. Glass breakage;
b. "Loss" caused by hitting a bird or animal;
and
c. "Loss" caused by falling objects or missiles.

However, you have the option of having glass
breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage.

4. Coverage Extensions
a. Transportation Expenses
We will pay up to $20 per day, to a maximum of $600, for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the
private passenger type. We will pay only
for those covered "autos" for which you
carry either Comprehensive or Specified
Causes Of Loss Coverage. We will pay
for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we
pay for its "loss".
b. Loss Of Use Expenses
For Hired Auto Physical Damage, we will
pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without
a driver under a written rental contract or
agreement. We will pay for loss of use
expenses if caused by:
(1) Other than collision only if the Declarations indicates that Comprehensive Coverage is provided for any covered
"auto";
(2) Specified Causes Of Loss only if the
Declarations indicates that Specified
Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicates that Collision Coverage is provided for any covered "auto".

However, the most we will pay for any
expenses for loss of use is $20 per day,
to a maximum of $600.

B. Exclusions

1. We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is excluded regardless of any other cause or
365

COMMERCIAL AUTO
CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 7 of 12 event that contributes concurrently or in any
sequence to the "loss".
a. Nuclear Hazard
(1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioactive contamination, however caused.
b. War Or Military Action
(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.

2. We will not pay for "loss" to any covered
"auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered
"auto" is being prepared for such a contest or
activity.

3. We will not pay for "loss" due and confined to:
a. Wear and tear, freezing, mechanical or
electrical breakdown.
b. Blowouts, punctures or other road damage to tires.

This exclusion does not apply to such "loss"
resulting from the total theft of a covered
"auto".

4. We will not pay for "loss" to any of the following:
a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment.
b. Any device designed or used to detect
speed-measuring equipment, such as radar or laser detectors, and any jamming apparatus intended to elude or disrupt
speed-measuring equipment.
c. Any electronic equipment, without regard
to whether this equipment is permanently
installed, that reproduces, receives or
transmits audio, visual or data signals.
d. Any accessories used with the electronic
equipment described in Paragraph c.
above.

5. Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely by
use of the power from the "auto's" electrical
system that, at the time of "loss", is:
a. Permanently installed in or upon the covered "auto"; b. Removable from a housing unit which is
permanently installed in or upon the covered "auto";
c. An integral part of the same unit housing
any electronic equipment described in
Paragraphs a. and b. above; or
d. Necessary for the normal operation of the
covered "auto" or the monitoring of the
covered "auto's" operating system.

6. We will not pay for "loss" to a covered "auto"
due to "diminution in value".

C. Limits Of Insurance

1. The most we will pay for:
a. "Loss" to any one covered "auto" is the
lesser of:
(1) The actual cash value of the damaged or stolen property as of the time of the "loss"; or
(2) The cost of repairing or replacing the
damaged or stolen property with
other property of like kind and quality.
b. All electronic equipment that reproduces,
receives or transmits audio, visual or data
signals in any one "loss" is $1,000, if, at
the time of "loss", such electronic equipment is:
(1) Permanently installed in or upon the
covered "auto" in a housing, opening
or other location that is not normally
used by the "auto" manufacturer for
the installation of such equipment;
(2) Removable from a permanently installed housing unit as described in Paragraph b.(1) above; or
(3) An integral part of such equipment as
described in Paragraphs b.(1) and
b.(2) above.
366

COMMERCIAL AUTO

Page 8 of 12 ends

2. An adjustment for depreciation and physical
condition will be made in determining actual
cash value in the event of a total "loss".

3. If a repair or replacement results in better
than like kind or quality, we will not pay for the
amount of the betterment.

D. Deductible
For each covered "auto", our obligation to pay for,
repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive
Coverage deductible shown in the Declarations
does not apply to "loss" caused by fire or lightning.

SECTION IV – BUSINESS AUTO CONDITIONS
The following conditions apply in addition to the
Common Policy Conditions:

A. Loss Conditions

1. Appraisal For Physical Damage Loss
If you and we disagree on the amount of
"loss", either may demand an appraisal of the
"loss". In this event, each party will select a
competent appraiser. The two appraisers will
select a competent and impartial umpire. The
appraisers will state separately the actual
cash value and amount of "loss". If they fail to
agree, they will submit their differences to the
umpire. A decision agreed to by any two will
be binding. Each party will:
a. Pay its chosen appraiser; and
b. Bear the other expenses of the appraisal
and umpire equally.

If we submit to an appraisal, we will still retain
our right to deny the claim.

2. Duties In The Event Of Accident, Claim,
Suit Or Loss
We have no duty to provide coverage under
this policy unless there has been full compliance with the following duties:
a. In the event of "accident", claim, "suit" or
"loss", you must give us or our authorized
representative prompt notice of the "accident" or "loss". Include:
(1) How, when and where the "accident"
or "loss" occurred;
(2) The "insured's" name and address;
and
(3) To the extent possible, the names
and addresses of any injured persons
and witnesses.
b. Additionally, you and any other involved
"insured" must:
(1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's"
own cost.
(2) Immediately send us copies of any
request, demand, order, notice,
summons or legal paper received
concerning the claim or "suit".
(3) Cooperate with us in the investigation
or settlement of the claim or defense
against the "suit".
(4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require.
c. If there is "loss" to a covered "auto" or its
equipment, you must also do the following:
(1) Promptly notify the police if the covered "auto" or any of its equipment is stolen.
(2) Take all reasonable steps to protect
the covered "auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to inspect the covered
"auto" and records proving the "loss"
before its repair or disposition.
(4) Agree to examinations under oath at
our request and give us a signed
statement of your answers.

3. Legal Action Against Us
No one may bring a legal action against us
under this Coverage Form until:
a. There has been full compliance with all
the terms of this Coverage Form; and
b. Under Covered Autos Liability Coverage,
we agree in writing that the "insured" has
an obligation to pay or until the amount of
that obligation has finally been determined by judgment after trial. No one has the right under this policy to bring us into
an action to determine the "insured's" liability.
367

COMMERCIAL AUTO
CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 9 of 12

4. Loss Payment – Physical Damage Coverages
At our option, we may:
a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or
c. Take all or any part of the damaged or
stolen property at an agreed or appraised
value.

If we pay for the "loss", our payment will include the applicable sales tax for the damaged or stolen property.

5. Transfer Of Rights Of Recovery Against
Others To Us
If any person or organization to or for whom
we make payment under this Coverage Form
has rights to recover damages from another,
those rights are transferred to us. That person
or organization must do everything necessary
to secure our rights and must do nothing after
"accident" or "loss" to impair them.

B. General Conditions

1. Bankruptcy
Bankruptcy or insolvency of the "insured" or
the "insured's" estate will not relieve us of any
obligations under this Coverage Form.

2. Concealment, Misrepresentation Or Fraud
This Coverage Form is void in any case of
fraud by you at any time as it relates to this
Coverage Form. It is also void if you or any
other "insured", at any time, intentionally conceals or misrepresents a material fact concerning:
a. This Coverage Form;
b. The covered "auto";
c. Your interest in the covered "auto"; or
d. A claim under this Coverage Form.

3. Liberalization
If we revise this Coverage Form to provide
more coverage without additional premium
charge, your policy will automatically provide
the additional coverage as of the day the revision is effective in your state.

4. No Benefit To Bailee – Physical Damage
Coverages
We will not recognize any assignment or
grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this Coverage Form.

5. Other Insurance
a. For any covered "auto" you own, this
Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Covered Autos Liability Coverage this Coverage
Form provides for the "trailer" is:
(1) Excess while it is connected to a motor vehicle you do not own; or (2) Primary while it is connected to a
covered "auto" you own.
b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered
"auto" you own. However, any "auto" that
is leased, hired, rented or borrowed with
a driver is not a covered "auto".
c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered Autos Liability Coverage is primary for any liability assumed under an "insured contract".
d. When this Coverage Form and any other
Coverage Form or policy covers on the
same basis, either excess or primary, we
will pay only our share. Our share is the
proportion that the Limit of Insurance of
our Coverage Form bears to the total of
the limits of all the Coverage Forms and
policies covering on the same basis.

6. Premium Audit
a. The estimated premium for this Coverage
Form is based on the exposures you told
us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due
and the first Named Insured will be billed
for the balance, if any. The due date for
the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium
exceeds the final premium due, the first
Named Insured will get a refund.
368

COMMERCIAL AUTO

Page 10 of 12 ends

b. If this policy is issued for more than one
year, the premium for this Coverage Form
will be computed annually based on our
rates or premiums in effect at the beginning of each year of the policy.

7. Policy Period, Coverage Territory
Under this Coverage Form, we cover "accidents" and "losses" occurring:
a. During the policy period shown in the
Declarations; and
b. Within the coverage territory.

The coverage territory is:
(1) The United States of America;
(2) The territories and possessions of the
United States of America;
(3) Puerto Rico;
(4) Canada; and
(5) Anywhere in the world if a covered
"auto" of the private passenger type
is leased, hired, rented or borrowed
without a driver for a period of 30
days or less,
provided that the "insured's" responsibility to
pay damages is determined in a "suit" on the
merits, in the United States of America, the
territories and possessions of the United
States of America, Puerto Rico or Canada, or
in a settlement we agree to.

We also cover "loss" to, or "accidents" involving, a covered "auto" while being transported between any of these places.

8. Two Or More Coverage Forms Or Policies
Issued By Us
If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us applies to the
same "accident", the aggregate maximum
Limit of Insurance under all the Coverage
Forms or policies shall not exceed the highest
applicable Limit of Insurance under any one
Coverage Form or policy. This condition does
not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form.

SECTION V – DEFINITIONS
A. "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage".

B. "Auto" means:

1. A land motor vehicle, "trailer" or semitrailer
designed for travel on public roads; or

2. 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".

C. "Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death
resulting from any of these.

D. "Covered pollution cost or expense" means any
cost or expense arising out of:

1. Any 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. Any 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".
"Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants":
a. That are, or that are contained in any
property that is:
(1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto";
(2) Otherwise in the course of transit by
or on behalf of the "insured"; or
(3) Being stored, disposed of, treated or
processed in or upon the covered
"auto";
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or
c. After the "pollutants" or any property in
which the "pollutants" are contained are
moved from the covered "auto" to the
place where they are finally delivered,
disposed of or abandoned by the "insured".
369

COMMERCIAL AUTO
CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 11 of 12 Paragraph a. above does not apply to fuels,
lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if:
(1) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part
designed by its manufacturer to hold,
store, receive or dispose of such "pollutants"; and
(2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of "mobile equipment".

Paragraphs b. and c. above do not apply to
"accidents" that occur away from premises
owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if:
(a) The "pollutants" or any property
in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and
(b) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage.

E. "Diminution in value" means the actual or perceived loss in market value or resale value which results from a direct and accidental "loss".

F. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker".

G. "Insured" means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or
"suit" is brought.

H. "Insured contract" means:

1. A lease of premises;

2. A sidetrack agreement;

3. Any easement or license agreement, except
in connection with construction or demolition
operations on or within 50 feet of a railroad;

4. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality;

5. 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
to pay for "bodily injury" or "property damage"
to a third party or organization. Tort liability
means a liability that would be imposed by
law in the absence of any contract or agreement; or

6. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your
"employees", of any "auto". However, such
contract or agreement shall not be considered
an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or
leased by you or any of your "employees".

An "insured contract" does not include that part of
any contract or agreement:
a. 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, roadbeds, tunnel, underpass or
crossing;
b. That pertains to the loan, lease or rental
of an "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driver; or
c. That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for
your use of a covered "auto" over a route
or territory that person or organization is
authorized to serve by public authority.

I. "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".

J. "Loss" means direct and accidental loss or damage.

K. "Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
370

COMMERCIAL AUTO

Page 12 of 12 ends

1. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;

2. Vehicles maintained for use solely on or next
to premises you own or rent;

3. Vehicles that travel on crawler treads;

4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted:
a. Power cranes, shovels, loaders, diggers
or drills; or
b. Road construction or resurfacing equipment such as graders, scrapers or rollers;

5. Vehicles not described in Paragraph 1., 2., 3.
or 4. above that are not self-propelled and are
maintained primarily to provide mobility to
permanently attached equipment of the following types:
a. Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well-servicing equipment; or
b. Cherry pickers and similar devices used
to raise or lower workers; or

6. Vehicles not described in Paragraph 1., 2., 3.
or 4. 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":
a. Equipment designed primarily for:
(1) Snow removal;
(2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning;
b. Cherry pickers and similar devices
mounted on automobile or truck chassis
and used to raise or lower workers; and
c. Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
or well-servicing equipment.

However, "mobile equipment" does not include
land vehicles that are 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".

L. "Pollutants" means 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.

M. "Property damage" means damage to or loss of
use of tangible property.

N. "Suit" means a civil proceeding in which:

1. Damages because of "bodily injury" or "property damage"; or

2. A "covered pollution cost or expense";
to which this insurance applies, are alleged.
"Suit" includes:
a. An arbitration proceeding in which such
damages or "covered pollution costs or
expenses" 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 or
"covered pollution costs or expenses" are
claimed and to which the insured submits
with our consent.

O. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or shortterm workload conditions.

P. "Trailer" includes semitrailer.
371

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED – PRIMARY AND

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

CA T4 74 02 16 Page 1 of 1
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

PROVISIONS

1. The following is added to Paragraph A.1.c., Who
Is An Insured, of SECTION ll – COVERED
AUTOS LIABILITY COVERAGE:

This includes any person or organization who you
are required under a written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, to name
as an additional insured for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the extent of
that person's or organization's liability for the
conduct of another "insured".

2. The following is added to Paragraph B.5., Other
Insurance of SECTION IV – BUSINESS AUTO
CONDITIONS:

Regardless of the provisions of paragraph a. and
paragraph d. of this part 5. Other Insurance, this
insurance is primary to and non-contributory with
applicable other insurance under which an
additional insured person or organization is the
first named insured when the written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, requires
this insurance to be primary and non-contributory.

POLICY NUMBER: BA9X1058581
372

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Page 1 of 21 ends

COMMERCIAL GENERAL LIABILITY
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.

Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and
any other person or organization qualifying as a Named
Insured under this policy. The words "we", "us" and
"our" refer to the company providing this insurance.

The word "insured" means any person or organization
qualifying as such under Section II – Who Is An
Insured.

Other words and phrases that appear in quotation
marks have special meaning. Refer to Section 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 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.
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" which
occurs during the policy period and was not,
prior to the policy period, known to have
occurred by 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, includes any
continuation, change or resumption of that
"bodily injury" or "property damage" after the
end of the policy period.
d. "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.

POLICY NUMBER: 6809X105791
373

COMMERCIAL GENERAL LIABILITY

Page 2 of 21 ends

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

CG T1 00 02 19
e. 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".

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 that 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 attorneys' fees and necessary
litigation expenses incurred by or for a party
other than an insured will be deemed to be
damages because of "bodily injury" or
"property damage", provided that:
(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 attorneys' 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 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:
(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 whether the insured may
be liable as an employer or in any other capacity
and 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
374

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Page 3 of 21 ends

is used to heat, cool or dehumidify
the building, or produced by or
originating from 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) If such "pollutants" 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 or were at any time
performing operations 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
375

COMMERCIAL GENERAL LIABILITY

Page 4 of 21 ends

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

CG T1 00 02 19
(b) Claim or suit by or on behalf of any
governmental authority or any other
person or organization 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".
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) 50 feet long or less; and
(b) Not being used to carry any person or
property 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 as
"mobile equipment" under the definition
of "mobile equipment" if such land
vehicle 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:
(a) Chartered with a pilot to any insured;
(b) Not owned by any insured; and
(c) Not being used to carry any person or
property for a charge.
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" arising 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:
(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;
376

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Page 5 of 21 ends

(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 "premises damage". A separate
limit of insurance applies to "premises damage"
as described in Paragraph 6. of 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), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.

Paragraph (6) of this exclusion does not apply
to "property damage" included in the "productscompleted 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 "productscompleted 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. Electronic Data
Damages arising out of the loss of, loss of use
of, damage to, corruption of, inability to access,
or inability to manipulate "electronic data".

However, this exclusion does not apply to
liability for damages because of "bodily injury".
q. Unsolicited Communication
"Bodily injury" or "property damage" arising out
of any actual or alleged violation of any law that
restricts or prohibits the sending, transmitting
or distributing of "unsolicited communication".
r. Access Or Disclosure Of Confidential Or
Personal Information
"Bodily injury" or "property damage" arising out
of any access to or disclosure of any person's
or organization's confidential or personal
information.
s. Asbestos
(1) "Bodily injury" or "property damage" arising
out of the actual or alleged presence or
actual, alleged or threatened dispersal of
asbestos, asbestos fibers or products
containing asbestos, provided that the
"bodily injury" or "property damage" is
caused or contributed to by the hazardous
properties of asbestos.
377

COMMERCIAL GENERAL LIABILITY

Page 6 of 21 ends

Includes copyrighted material of Insurance Services Office, Inc. with its permission. (2) "Bodily injury" or "property damage" arising
out of the actual or alleged presence or
actual, alleged or threatened dispersal of
any solid, liquid, gaseous or thermal irritant
or contaminant, including smoke, vapors,
soot, fumes, acids, alkalis, chemicals and
waste, and that are part of any claim or
"suit" which also alleges any "bodily injury"
or "property damage" described in
Paragraph (1) above.
(3) 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, asbestos,
asbestos fibers or products containing
asbestos; or
(b) Claim or suit by or on behalf of any
governmental authority or any other
person or organization because of
testing for, monitoring, cleaning up,
removing, containing, treating,
detoxifying or neutralizing, or in any
way responding to, or assessing the
effects of, asbestos, asbestos fibers or
products containing asbestos.
t. Employment-Related Practices
"Bodily injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's
employment; or
(c) Employment-related practice, policy,
act or omission, such as coercion,
demotion, evaluation, reassignment,
discipline, failure to promote or
advance, harassment, humiliation,
discrimination, libel, slander, violation
of the person's right of privacy,
malicious prosecution or false arrest,
detention or imprisonment applied to or
directed at that person, regardless of
whether such practice, policy, act or
omission occurs, is applied or is
committed before, during or after the
time of that person's employment; or
(2) The spouse, child, parent, brother or sister
of that person as a consequence of "bodily
injury" to that person at whom any of the
employment-related practices described in
Paragraph (a), (b),or (c) above is directed.

Exclusions c. through n. do not apply to "premises
damage". A separate limit of insurance applies to
"premises damage" as described in Paragraph 6. of
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 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.
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" caused by or
at the direction of the insured with the
knowledge that the act would violate the rights
of another and would inflict "personal and
advertising injury".
378

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Page 7 of 21 ends

This exclusion does not apply to "personal
injury" caused by malicious prosecution.
b. Material Published With Knowledge Of
Falsity
"Personal and advertising injury" arising out of
oral or written publication, including publication
by electronic means, of material, if done by or at
the direction of the insured with knowledge of
its falsity.
c. Material Published Or Used Prior To Policy
Period
(1) "Personal and advertising injury" arising out
of oral or written publication, including
publication by electronic means, of material
whose first publication took place before
the beginning of the policy period; or
(2) "Advertising injury" arising out of
infringement of copyright, "title" or "slogan"
in your "advertisement" whose first
infringement in your "advertisement" was
committed 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:
(1) That the insured would have in the absence
of the contract or agreement; or
(2) Because of "personal injury" assumed by
you in a contract or agreement that is an
"insured contract", provided that the
"personal injury" is caused by an offense
committed subsequent to the execution of
the contract or agreement. Solely for the
purposes of liability assumed by you in an
"insured contract", reasonable attorneys'
fees and necessary litigation expenses
incurred by or for a party other than an
insured will be deemed to be damages
because of "personal injury", provided that:
(a) Liability to such party for, or for the
cost of, that party's defense has also
been assumed by you in the same
"insured contract"; and
(b) Such attorneys' 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.
f. Breach Of Contract
"Advertising injury" arising out of a breach of
contract.
g. Quality Or Performance Of Goods - Failure
To Conform To Statements
"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
"Advertising injury" arising out of the wrong
description of the price of goods, products or
services stated in your "advertisement".
i. Intellectual Property
"Personal and advertising injury" arising out of
any actual or alleged infringement or violation of
any of the following rights or laws, or any other
"personal and advertising injury" alleged in any
claim or "suit" that also alleges any such
infringement or violation:
(1) Copyright;
(2) Patent;
(3) Trade dress;
(4) Trade name;
(5) Trademark;
(6) Trade secret; or
(7) Other intellectual property rights or laws.

This exclusion does not apply to:
(1) "Advertising injury" arising out of any actual
or alleged infringement or violation of
another's copyright, "title" or "slogan" in
your "advertisement"; or
(2) Any other "personal and advertising injury"
alleged in any claim or "suit" that also
alleges any such infringement or violation
of another's copyright, "title" or "slogan" in
your "advertisement".
j. Insureds In Media And Internet Type
Businesses
"Personal and advertising injury" caused by an
offense committed by an insured whose
business is:
(1) Advertising, "broadcasting" or publishing;
379

COMMERCIAL GENERAL LIABILITY

Page 8 of 21 ends

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

CG T1 00 02 19
(2) Designing or determining content of
websites for others; or
(3) An Internet search, access, content or
service provider.

However, this exclusion does not apply to
Paragraphs a.(1), (2) and (3) of the definition of
"personal injury".

For the purposes of this exclusion:
(1) Creating and producing correspondence
written in the conduct of your business,
bulletins, financial or annual reports, or
newsletters about your goods, products or
services will not be considered the
business of publishing; and
(2) The placing of frames, borders or links, or
advertising, for you or others anywhere on
the Internet will not, by itself, be considered
the business of advertising, "broadcasting"
or publishing.
k. Electronic Chatrooms Or Bulletin Boards
"Personal and advertising injury" arising out of
an electronic chatroom or bulletin board the
insured hosts or 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
metatag, 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 any
governmental authority or any other person
or organization 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" arising 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. Unsolicited Communication
"Personal and advertising injury" arising out of
any actual or alleged violation of any law that
restricts or prohibits the sending, transmitting
or distributing of "unsolicited communication".
q. Access Or Disclosure Of Confidenital 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.
r. Asbestos
(1) "Personal and advertising injury" arising out
of the actual or alleged presence or actual,
alleged or threatened dispersal of asbestos,
asbestos fibers or products containing
asbestos, provided that the "personal and
advertising injury" is caused or contributed
to by the hazardous properties of asbestos.
(2) "Personal and advertising injury" arising out
of the actual or alleged presence or actual,
alleged or threatened dispersal of any solid,
liquid, gaseous or thermal irritant or
contaminant, including smoke, vapors,
soot, fumes, acids, alkalis, chemicals and
waste, and that are part of any claim or
"suit" which also alleges any "personal and
advertising injury" described in Paragraph
(1) above.
(3) 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
380

COMMERCIAL GENERAL LIABILITY
CG T1 00 02 19
Includes copyrighted material of Insurance Services Office, Inc. with its permission. © 2017 The Travelers Indemnity Company. All rights reserved. Page 9 of 21 assess the effects of, asbestos,
asbestos fibers or products containing
asbestos; or
(b) Claim or suit by or on behalf of any
governmental authority or any other
person or organization because of
testing for, monitoring, cleaning up,
removing, containing, treating,
detoxifying or neutralizing, or in any
way responding to, or assessing the
effects of, asbestos, asbestos fibers or
products containing asbestos.
s. Employment-Related Practices
"Personal injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's
employment; or
(c) Employment-related practice, policy,
act or omission, such as coercion,
demotion, evaluation, reassignment,
discipline, failure to promote or
advance, harassment, humiliation,
discrimination, libel, slander, violation
of the person's right of privacy,
malicious prosecution or false arrest,
detention or imprisonment applied to or
directed at that person, regardless of
whether such practice, policy, act or
omission occurs, is applied or is
committed before, during or after the
time of that person's employment; or
(2) The spouse, child, parent, brother or sister
of that person as a consequence of
"personal injury" to that person at whom
any of the employment-related practices
described in Paragraph (a), (b), or (c)
above is directed.

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:
(a) The accident takes place in the "coverage
territory" and during the policy period;
(b) The expenses are incurred and reported to
us within one year of the date of the
accident; and
(c) 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.
381

COMMERCIAL GENERAL LIABILITY

Page 10 of 21 ends

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

CG T1 00 02 19

SUPPLEMENTARY PAYMENTS

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 $2,500 for the 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 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, these payments do not include
attorneys' fees or attorneys' expenses taxed
against 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" or offense 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 – Coverages – Coverage A – Bodily Injury And Property Damage Liability or Paragraph 2.e. of
Section I – Coverages – Coverage B – Personal
And Advertising Injury Liability, such payments will
not be deemed to be damages for "bodily injury",
"property damage" or "personal injury", and will not
reduce the limits of insurance.

Our obligation to defend an insured's indemnitee
and to pay for attorneys' fees and necessary
litigation expenses as Supplementary Payments
ends when:
382

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Page 11 of 21 ends

a. We have used up the applicable limit of
insurance in the payment of judgments,
settlements or medical expenses; 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. 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 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
"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 Paragraph
(1)(a) or (b) above; or
(d) Arising out of his or her providing or
failing to provide professional health
care services.

COMMERCIAL GENERAL LIABILITY

Page 12 of 21 ends

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

CG T1 00 02 19
d. 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. Any person or organization that, with your
express or implied consent, either uses or is
responsible for the use of a watercraft that you
do not own that is:
(1) 50 feet long or less; and
(2) Not being used to carry any person or
property for a charge.

3. Any organization you newly acquire or form, other
than a partnership, joint venture or limited liability
company, and of which you are the sole owner or in
which you maintain an ownership interest of more
than 50%, 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.

For the purposes of Paragraph 1. of Section II – Who Is An Insured, each such organization will be deemed to be designated in the Declarations as:
a. An organization, other than a partnership, joint
venture or limited liability company; or
b. A trust;
as indicated in its name or the documents that
govern its structure.

4. Any person or organization that is a premises
owner, manager or lessor and that you have agreed
in a written contract or agreement to include as an
additional insured on this Coverage Part is an
insured, but only with respect to liability for "bodily injury", "property damage" or "personal and
advertising injury" that:
a. Is "bodily injury" or "property damage" that
occurs, or is "personal and advertising injury"
caused by an offense that is committed,
subsequent to the signing of that contract or
agreement; and
b. Arises out of the ownership, maintenance or
use of that part of any premises leased to you.

The insurance provided to such premises owner,
manager or lessor is subject to the following
provisions:
a. The limits of insurance provided to such
premises owner, manager or lessor will be the
minimum limits that you agreed to provide in the
written contract or agreement, or the limits
shown in the Declarations, whichever are less.
b. The insurance provided to such premises
owner, manager or lessor does not apply to:
(1) Any "bodily injury" or "property damage"
that occurs, or "personal and advertising
injury" caused by an offense that is
committed, after you cease to be a tenant in
that premises; or
(2) Structural alterations, new construction or
demolition operations performed by or on
behalf of such premises owner, manager or
lessor.

5. Any person or organization that is an equipment
lessor and that you have agreed in a written contract
or agreement to include as an additional insured on
this Coverage Part is an insured, but only with
respect to liability for "bodily injury", "property
damage", or "personal and advertising injury" that:
a. Is "bodily injury" or "property damage" that
occurs, or is "personal and advertising injury"
caused by an offense that is committed,
subsequent to the signing of that contract or
agreement; and
b. Is caused, in whole or in part, by your acts or
omissions in the maintenance, operation or use
of equipment leased to you by such equipment
lessor.

The insurance provided to such equipment lessor is
subject to the following provisions:
a. The limits of insurance provided to such
equipment lessor will be the minimum limits that
you agreed to provide in the written contract or
agreement, or the limits shown in the
Declarations, whichever are less.
b. The insurance provided to such equipment
lessor does not apply to any "bodily injury" or
"property damage" that occurs, or "personal
and advertising injury" caused by an offense
that is committed, after the equipment lease
expires.

No person or organization is an insured with respect to the conduct of any current or past partnership, joint
384

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Page 13 of 21 ends

venture or limited liability company that is not shown as a Named Insured in the Declarations. This paragraph
does not apply to any such partnership, joint venture or limited liability company that otherwise qualifies as an insured under Section II – Who Is An Insured.

SECTION III – LIMITS OF INSURANCE

1. 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. 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 "products-completed operations
hazard"; and
c. Damages under Coverage B. 3. 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 "products-completed
operations hazard".

4. Subject to Paragraph 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 injury" and "advertising
injury" sustained by any one person or organization.

5. Subject to Paragraph 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
b. Medical expenses under Coverage C;
because of all "bodily injury" and "property damage"
arising out of any one "occurrence".

For the purposes of determining the applicable
Each Occurrence Limit, all related acts or
omissions committed in providing or failing to
provide first aid or "Good Samaritan services" to
any one person will be deemed to be one
"occurrence".

6. Subject to Paragraph 5. above, the Damage To
Premises Rented To You Limit is the most we will
pay under Coverage A for damages because of
"premises damage" to any one premises. The
Damage To Premises Rented To You Limit will be:
a. The amount shown for the Damage To
Premises Rented To You Limit in the
Declarations of this Coverage Part; or
b. $300,000 if no amount is shown for the
Damage To Premises Rented To You Limit in
the Declarations of this Coverage Part.

7. Subject to Paragraph 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.

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. You 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. If a claim is made or "suit" is brought against
any insured, you must:
(1) Immediately record the specifics of the
claim or "suit" and the date received; and
(2) Notify us as soon as practicable.

You must see to it that we receive written notice
of the claim or "suit" as soon as practicable.
c. 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";
385

COMMERCIAL GENERAL LIABILITY

Page 14 of 21 ends

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

CG T1 00 02 19
(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. 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. The following provisions apply to Paragraph a.
above, but only for purposes of the insurance
provided under this Coverage Part to you or any
insured listed in Paragraph 1. or 2. of Section II
– Who Is An Insured:
(1) Notice to us of such "occurrence" or
offense must be given as soon as
practicable only after the "occurrence" or
offense is known to you (if you are an
individual), any of your partners or
members who is an individual (if you are a
partnership or joint venture), any of your
managers who is an individual (if you are a
limited liability company), any of your
"executive officers" or directors (if you are
an organization other than a partnership,
joint venture, or limited liability company),
any of your trustees who is an individual (if
you are a trust) or any "employee"
authorized by you to give notice of an
"occurrence" or offense.
(2) If you are a partnership, joint venture,
limited liability company or trust, and none
of your partners, joint venture members,
managers or trustees are individuals, notice
to us of such "occurrence" or offense must
be given as soon as practicable only after
the "occurrence" or offense is known by:
(a) Any individual who is:
(i) A partner or member of any
partnership or joint venture;
(ii) A manager of any limited liability
company;
(iii) An executive officer or director of
any other organization; or
(iv) A trustee of any trust;
that is your partner, joint venture
member, manager or trustee; or
(b) Any employee authorized by such
partnership, joint venture, limited
liability company, trust or other
organization to give notice of an
"occurrence" or offense.
(3) Notice to us of such "occurrence" or
offense will be deemed to be given as soon
as practicable if it is given in good faith as
soon as practicable to your workers'
compensation insurer. This applies only if
you subsequently give notice to us of the
"occurrence" or offense as soon as
practicable after any of the persons
described in Paragraph e.(1) or (2) above
discovers that the "occurrence" or offense
may result in sums to which the insurance
provided under this Coverage Part may
apply.

However, if this policy includes an endorsement
that provides limited coverage for "bodily injury"
or "property damage" or pollution costs arising
out of a discharge, release or escape of
"pollutants" which contains a requirement that
the discharge, release or escape of "pollutants"
must be reported to us within a specific number
of days after its abrupt commencement, this
Paragraph e. does not affect that requirement.

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.
386

COMMERCIAL GENERAL LIABILITY
CG T1 00 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 15 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission.

4. Other Insurance
If valid and collectible other 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 described in Paragraphs a. and b. below.

As used anywhere in this Coverage Part, other
insurance means insurance, or the funding of
losses, that is provided by, through or on behalf of:
(i) Another insurance company;
(ii) Us or any of our affiliated insurance companies,
except when the Non cumulation of Each
Occurrence Limit provision of Paragraph 5. of
Section III – Limits Of Insurance or the Non
cumulation of Personal and Advertising Injury
Limit provision of Paragraph 4. of Section III – Limits of Insurance applies because the Amendment – Non Cumulation Of Each
Occurrence Limit Of Liability And Non
Cumulation Of Personal And Advertising Injury
Limit endorsement is included in this policy;
(iii) Any risk retention group; or
(iv)Any self-insurance method or program, in
which case the insured will be deemed to be
the provider of other insurance.

Other insurance does not include umbrella
insurance, or excess insurance, that was bought
specifically to apply in excess of the Limits of
Insurance shown in the Declarations of this
Coverage Part.

As used anywhere in this Coverage Part, other
insurer means a provider of other insurance. As
used in Paragraph c. below, insurer means a
provider of insurance.
a. Primary Insurance
This insurance is primary except when
Paragraph b. below applies. If this insurance is
primary, our obligations are not affected unless
any of the other insurance is also primary.

Then, we will share with all that other insurance
by the method described in Paragraph c. below,
except when Paragraph d. below applies.
b. Excess Insurance
(1) This insurance is excess over:
(a) Any of the other insurance, whether
primary, excess, contingent or on any
other basis:
(i) That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(ii) That is insurance for "premises
damage";
(iii) If the loss arises out of the
maintenance or use of aircraft,
"autos" or watercraft to the extent
not subject to any exclusion in this
Coverage Part that applies to
aircraft, "autos" or watercraft;
(iv) That is insurance available to a
premises owner, manager or
lessor that qualifies as an insured
under Paragraph 4. of Section II – Who Is An Insured, except when Paragraph d. below applies; or
(v) That is insurance available to an
equipment lessor that qualifies as
an insured under Paragraph 5. of
Section II – Who Is An Insured,
except when Paragraph d. below
applies.
(b) Any of the other insurance, whether
primary, excess, contingent or on any
other basis, that is available to the
insured when the insured is an
additional insured, or is any other
insured that does not qualify as a
named insured, under such other
insurance.
(2) 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.
(3) 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:
(a) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(b) The total of all deductible and selfinsured amounts under all that other insurance.
(4) 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.
387

COMMERCIAL GENERAL LIABILITY

Page 16 of 21 ends

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

CG T1 00 02 19
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.
d. Primary And Non-Contributory Insurance If
Required By Written Contract
If you specifically agree in a written contract or
agreement that the insurance afforded to an
insured under this Coverage Part must apply on
a primary basis, or a primary and noncontributory basis, this insurance is primary to other insurance that is available to such insured
which covers such insured as a named insured,
and we will not share with that other insurance,
provided that:
(1) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal and advertising injury" for
which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.

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
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.

The unintentional omission of, or unintentional error
in, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable insurance
laws or regulations.

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
If the insured has rights to recover all or part of any payment 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.

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 a notice that is broadcast or
published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding websites, only that part of a website
that is about your goods, products or services
for the purposes of attracting customers or
supporters is considered an advertisement.
388

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Page 17 of 21 ends

2. "Advertising injury":
a. Means injury caused by one or more of the
following offenses:
(1) Oral or written publication, including
publication by electronic means, of material
in your "advertisement" that slanders or
libels a person or organization or
disparages a person's or organization's
goods, products or services, provided that
the claim is made or the "suit" is brought by
a person or organization that claims to have
been slandered or libeled, or that claims to
have had its goods, products or services
disparaged;
(2) Oral or written publication, including
publication by electronic means, of material
in your "advertisement" that:
(a) Appropriates a person's name, voice,
photograph or likeness; or
(b) Unreasonably places a person in a
false light; or
(3) Infringement of copyright, "title" or "slogan"
in your "advertisement", provided that the
claim is made or the "suit" is brought by a
person or organization that claims
ownership of such copyright, "title" or
"slogan".
b. Includes "bodily injury" caused by one or more
of the offenses described in Paragraph a.
above.

3. "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".

4. "Bodily injury" means:
a. Physical harm, including sickness or disease,
sustained by a person; or
b. Mental anguish, injury or illness, or emotional
distress, resulting at any time from such
physical harm, sickness or disease.

5. "Broadcasting" means transmitting any audio or
visual material for any purpose:
a. By radio or television; or
b. In, by or with any other electronic means of
communication, such as the Internet, if that
material is part of:
(1) Radio or television programming being
transmitted;
(2) Other entertainment, educational,
instructional, music or news programming
being transmitted; or
(3) Advertising transmitted with any of such
programming.

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 Paragraph 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 Paragraph a.
above;
(2) The activities of a person whose home is in
the territory described in Paragraph 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 a "suit" on the merits in
the territory described in Paragraph a. above, or in a
settlement we agree to.

7. "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.

8. "Employee" includes a "leased worker". "Employee"
does not include a "temporary worker".

9. "Executive officer" means a person holding any of
the officer positions created by your charter,
constitution, bylaws or any other similar governing
document.
389

COMMERCIAL GENERAL LIABILITY

Page 18 of 21 ends

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

CG T1 00 02 19

10. "Good Samaritan services" means any emergency
medical services for which no compensation is
demanded or received.

11. "Hostile fire" means a fire which becomes
uncontrollable or breaks out from where it was
intended to be.

12. "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.

13. "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 "premises damage" is not an
"insured contract";
b. A sidetrack agreement;
c. Any easement or license agreement, except 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", "property
damage" or "personal injury" to a third person
or organization. Tort liability means a liability
that would be imposed by law in the absence of
any contract or agreement.

Paragraph f. does not include that part of any
contract or agreement:
(1) 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, roadbeds, tunnel, underpass or
crossing;
(2) 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
(3) 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 Paragraph (2) above and supervisory,
inspection, architectural or engineering
activities.

14. "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".

15. "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".

16. "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;
390

COMMERCIAL GENERAL LIABILITY
CG T1 00 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 19 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 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 Paragraph 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 Paragraph 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. Such land vehicles are considered
"autos".

17. "Occurrence" means:
a. An accident, including continuous or repeated
exposure to substantially the same general
harmful conditions; or
b. An act or omission committed in providing or
failing to provide first aid or "Good Samaritan
services" to a person, unless you are in the
business or occupation of providing
professional health care services.

18. "Personal and advertising injury" means "personal
injury" or "advertising injury".

19. "Personal injury":
a. Means injury, other than "advertising injury",
caused by one or more of the following
offenses:
(1) False arrest, detention or imprisonment;
(2) Malicious prosecution;
(3) The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or premises
that a person occupies, provided that the
wrongful eviction, wrongful entry or invasion
of the right of private occupancy is
committed by or on behalf of the owner,
landlord or lessor of that room, dwelling or
premises;
(4) Oral or written publication, including
publication by electronic means, of material
that slanders or libels a person or
organization or disparages a person's or
organization's goods, products or services,
provided that the claim is made or the "suit"
is brought by a person or organization that
claims to have been slandered or libeled, or
that claims to have had its goods, products
or services disparaged; or
(5) Oral or written publication, including
publication by electronic means, of material
that:
(a) Appropriates a person's name, voice,
photograph or likeness; or
(b) Unreasonably places a person in a
false light.
b. Includes "bodily injury" caused by one or more
of the offenses described in Paragraph a.
above.

20. "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.
391

COMMERCIAL GENERAL LIABILITY

Page 20 of 21 ends

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

21. "Premises damage" means:
a. With respect to the first paragraph of the
exceptions in Exclusion j. of Section I – Coverage A – Bodily Injury And Property Damage Liability, "property damage" to any
premises while rented to you for a period of
seven or fewer consecutive days, including the
contents of such premises; or
b. With respect to the exception to Exclusions c.
through n. in the last paragraph of Paragraph 2.
of Section I – Coverage A – Bodily Injury And
Property Damage Liability, "property damage" to
any premises while rented to you for a period of
more than seven consecutive days, or while
temporarily occupied by you with permission of
the owner, caused by:
(1) Fire;
(2) Explosion;
(3) Lightning;
(4) Smoke resulting from fire, explosion or
lightning; or
(5) Water.

But "premises damage" under this Paragraph
b. does not include "property damage" to any
premises caused by:
(1) Rupture, bursting, or operation of pressure
relief devices;
(2) Rupture or bursting due to expansion or
swelling of the contents of any building or
structure caused by or resulting from water;
or
(3) Explosion of steam boilers, steam pipes,
steam engines or steam turbines.

22. "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 productscompleted operations are subject to the General Aggregate Limit.

23. "Property damage" means:
a. Physical injury to tangible property, including all
resulting loss of use of that property. All such
loss of use will 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 will be
deemed to occur at the time of the "occurrence"
that caused it.

For the purposes of this insurance, "electronic data"
is not tangible property.

24. "Slogan":
a. Means a phrase that others use for the purpose
of attracting attention in their advertising.
b. Does not include a phrase used as, or in, the
name of:
(1) Any person or organization, other than you;
or
(2) Any business, or any of the premises,
goods, products, services or work, of any
person or organization, other than you.
392

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Page 21 of 21 ends

25. "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.

26. "Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or shortterm workload conditions.

27. "Title" means a name of a literary or artistic work.

28. "Unsolicited communication" means any
communication, in any form, that the recipient of
such communication did not specifically request to
receive.

29. "Volunteer worker" means a person who is not your
"employee", and who donates his or her work and
acts at the direction of and within the scope of
duties determined by you, and is not paid a fee,
salary or other compensation by you or anyone else
for their work performed for you.

30. "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.

31. "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.
393

COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE – This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.

A. Non-Owned Watercraft – 75 Feet Long Or Less
B. Who Is An Insured – Unnamed Subsidiaries
C. Who Is An Insured – Retired Partners, Members,
Directors And Employees
D. Who Is An Insured – Employees And Volunteer
Workers – Bodily Injury To Co-Employees, CoVolunteer Workers And Retired Partners, Members, Directors And Employees
E. Who Is An Insured – Newly Acquired Or Formed
Limited Liability Companies
F. Blanket Additional Insured – Controlling Interest
G. Blanket Additional Insured – Mortgagees,
Assignees, Successors Or Receivers
H. Blanket Additional Insured – Governmental
Entities – Permits Or Authorizations Relating To
Premises
I. Blanket Additional Insured – Governmental
Entities – Permits Or Authorizations Relating To
Operations
J. Incidental Medical Malpractice
K. Medical Payments – Increased Limit
L. Amendment Of Excess Insurance Condition – Professional Liability M. Blanket Waiver Of Subrogation – When Required
By Written Contract Or Agreement
N. Contractual Liability – Railroads

PROVISIONS
A. NON-OWNED WATERCRAFT – 75 FEET

LONG OR LESS

1. The following replaces Paragraph (2) of
Exclusion g., Aircraft, Auto Or Watercraft,
in Paragraph 2. of SECTION I – COVERAGES – COVERAGE A – BODILY

INJURY AND PROPERTY DAMAGE
LIABILITY:
(2) A watercraft you do not own that is:
(a) 75 feet long or less; and
(b) Not being used to carry any person
or property for a charge;

2. The following replaces Paragraph 2.e. of
SECTION II – WHO IS AN INSURED:
e. Any person or organization that, with
your express or implied consent, either
uses or is responsible for the use of a
watercraft that you do not own that is:
(1) 75 feet long or less; and
(2) Not being used to carry any person
or property for a charge;
B. WHO IS AN INSURED – UNNAMED

SUBSIDIARIES
The following is added to SECTION II – WHO IS
AN INSURED:

Any of your subsidiaries, other than a partnership
or joint venture, that is not shown as a Named
Insured in the Declarations is a Named Insured
if:
a. You are the sole owner of, or maintain an
ownership interest of more than 50% in, such
subsidiary on the first day of the policy
period; and
POLICY NUMBER: 6809X105791
394

COMMERCIAL GENERAL LIABILITY

Page 2 of 6 ends

Includes copyrighted material of Insurance Services Office, Inc. with its permission. © 2017 The Travelers Indemnity Company. All rights reserved. b. Such subsidiary is not an insured under
similar other insurance.

No such subsidiary is an insured for "bodily
injury" or "property damage" that occurred, or
"personal and advertising injury" caused by an
offense committed:
a. Before you maintained an ownership interest
of more than 50% in such subsidiary; or
b. After the date, if any, during the policy period
that you no longer maintain an ownership
interest of more than 50% in such subsidiary.

For purposes of Paragraph 1. of Section II – Who
Is An Insured, each such subsidiary will be
deemed to be designated in the Declarations as:
a. A limited liability company;
b. An organization other than a partnership,
joint venture or limited liability company; or
c. A trust;
as indicated in its name or the documents that
govern its structure.

C. WHO IS AN INSURED – RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES The following is added to Paragraph 2. of
SECTION II – WHO IS AN INSURED:

Any person who is your retired partner, member,
director or "employee" that is performing services
for you under your direct supervision, but only for
acts within the scope of their employment by you
or while performing duties related to the conduct
of your business. However, no such retired
partner, member, director or "employee" is an
insured for:
(1) "Bodily injury":
(a) To you, to your current partners or
members (if you are a partnership or
joint venture), to your current members
(if you are a limited liability company) or
to your current directors;
(b) To the spouse, child, parent, brother or
sister of that current partner, member or
director 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 Paragraph (1)(a)
or (b) above; or
(d) Arising out of his or her providing or
failing to provide professional health care
services.

Unless you are in the business or occupation
of providing professional health care
services, Paragraphs (1)(a), (b), (c) and (d)
above do not apply to "bodily injury" arising
out of providing or failing to provide first aid
or "Good Samaritan services" by any of your
retired partners, members, directors or
"employees", other than a doctor. Any such
retired partners, members, directors or
"employees" providing or failing to provide
first aid or "Good Samaritan services" during
their work hours for you will be deemed to be
acting within the scope of their employment
by you or performing duties related to the
conduct of your business.
(2) "Personal injury":
(a) To you, to your current or retired
partners or members (if you are a
partnership or joint venture), to your
current or retired members (if you are a
limited liability company), to your other
current or retired directors or
"employees" 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 current or retired partner,
member, director, "employee" or
"volunteer worker" as a consequence of
Paragraph (2)(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 Paragraph (2)(a)
or (b) above; or
(d) Arising out of his or her providing or
failing to provide professional health care
services.
(3) "Property damage" to property:
(a) Owned, occupied or used by; or
(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 retired partners, members
or directors, your current or retired
"employees" or "volunteer workers", any
current partner or member (if you are a
partnership or joint venture), or any current
member (if you are a limited liability
company) or current director.
395
I

COMMERCIAL GENERAL LIABILITY
CG D3 79 02 19 Page 3 of 6
ncludes copyrighted material of Insurance Services Office, Inc. with its permission. © 2017 The Travelers Indemnity Company. All rights reserved.

D. WHO IS AN INSURED – EMPLOYEES AND
VOLUNTEER WORKERS – BODILY INJURY

TO CO-EMPLOYEES, CO-VOLUNTEER

WORKERS AND RETIRED PARTNERS,

MEMBERS, DIRECTORS AND EMPLOYEES
The following is added to Paragraph 2.a.(1) of
SECTION II – WHO IS AN INSURED:

Paragraphs (1)(a), (b) and (c) above do not
apply to "bodily injury" to a current or retired co-
"employee" while in the course of the co-
"employee's" employment by you or performing
duties related to the conduct of your business, or
to "bodily injury" to your other "volunteer
workers" or retired partners, members or
directors while performing duties related to the
conduct of your business.

E. WHO IS AN INSURED – NEWLY ACQUIRED

OR FORMED LIMITED LIABILITY COMPANIES
The following replaces Paragraph 3. of
SECTION II – WHO IS AN INSURED:

3. Any organization you newly acquire or form,
other than a partnership or joint venture, and
of which you are the sole owner or in which
you maintain an ownership interest of more
than 50%, 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:
(1) Until the 180th day after you acquire
or form the organization or the end of
the policy period, whichever is
earlier, if you do not report such
organization in writing to us within
180 days after you acquire or form it;
or
(2) Until the end of the policy period,
when that date is later than 180 days
after you acquire or form such
organization, if you report such
organization in writing to us within
180 days after you acquire or form it;
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.

For the purposes of Paragraph 1. of Section
II – Who Is An Insured, each such
organization will be deemed to be
designated in the Declarations as:
a. A limited liability company;
b. An organization other than a partnership,
joint venture or limited liability company;
or
c. A trust;
as indicated in its name or the documents
that govern its structure.

F. BLANKET ADDITIONAL INSURED – CONTROLLING INTEREST

1. The following is added to SECTION II – WHO IS AN INSURED:

Any person or organization that has financial
control of you is an insured with respect to
liability for "bodily injury", "property damage"
or "personal and advertising injury" that
arises out of:
a. Such financial control; or
b. Such person's or organization's
ownership, maintenance or use of
premises leased to or occupied by you.

The insurance provided to such person or
organization does not apply to structural
alterations, new construction or demolition
operations performed by or on behalf of such
person or organization.

2. The following is added to Paragraph 4. of
SECTIO N II – WHO IS AN INSURED:

This paragraph does not apply to any
premises owner, manager or lessor that has
financial control of you.

G. BLANKET ADDITIONAL INSURED – MORTGAGEES, ASSIGNEES, SUCCESSORS

OR RECEIVERS
The following is added to SECTION II – WHO IS
AN INSURED:

Any person or organization that is a mortgagee,
assignee, successor or receiver and that you
have agreed in a written contract or agreement
to include as an additional insured on this
Coverage Part is an insured, but only with
respect to its liability as mortgagee, assignee,
successor or receiver for "bodily injury", "property
damage" or "personal and advertising injury"
that:
a. Is "bodily injury" or "property damage" that
occurs, or is "personal and advertising injury"
caused by an offense that is committed,
396

COMMERCIAL GENERAL LIABILITY

Page 4 of 6 ends

Includes copyrighted material of Insurance Services Office, Inc. with its permission. © 2017 The Travelers Indemnity Company. All rights reserved. subsequent to the signing of that contract or
agreement; and
b. Arises out of the ownership, maintenance or
use of the premises for which that
mortgagee, assignee, successor or receiver
is required under that contract or agreement
to be included as an additional insured on
this Coverage Part.

The insurance provided to such mortgagee,
assignee, successor or receiver is subject to the
following provisions:
a. The limits of insurance provided to such
mortgagee, assignee, successor or receiver
will be the minimum limits that you agreed to
provide in the written contract or agreement,
or the limits shown in the Declarations,
whichever are less.
b. The insurance provided to such person or
organization does not apply to:
(1) Any "bodily injury" or "property damage"
that occurs, or any "personal and
advertising injury" caused by an offense
that is committed, after such contract or
agreement is no longer in effect; or
(2) Any "bodily injury", "property damage" or
"personal and advertising injury" arising
out of any structural alterations, new
construction or demolition operations
performed by or on behalf of such
mortgagee, assignee, successor or
receiver.

H. BLANKET ADDITIONAL INSURED – GOVERNMENTAL ENTITIES – PERMITS OR

AUTHORIZATIONS RELATING TO PREMISES
The following is added to SECTION II – WHO IS
AN INSURED:

Any governmental entity that has issued a permit
or authorization with respect to premises owned
or occupied by, or rented or loaned to, you and
that you are required by any ordinance, law,
building code or written contract or agreement to
include as an additional insured on this
Coverage Part is an insured, but only with
respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
arising out of the existence, ownership, use,
maintenance, repair, construction, erection or
removal of any of the following for which that
governmental entity has issued such permit or
authorization: advertising signs, awnings,
canopies, cellar entrances, coal holes,
driveways, manholes, marquees, hoist away
openings, sidewalk vaults, elevators, street
banners or decorations.

I. BLANKET ADDITIONAL INSURED – GOVERNMENTAL ENTITIES – PERMITS

OR AUTHORIZATIONS RELATING TO

OPERATIONS
The following is added to SECTION II – WHO IS
AN INSURED:

Any governmental entity that has issued a permit
or authorization with respect to operations
performed by you or on your behalf and that you
are required by any ordinance, law, building code
or written contract or agreement to include as an
additional insured on this Coverage Part is an
insured, but only with respect to liability for
"bodily injury", "property damage" or "personal
and advertising injury" arising out of such
operations.

The insurance provided to such governmental
entity does not apply to:
a. Any "bodily injury", "property damage" or
"personal and advertising injury" arising out
of operations performed for the
governmental entity; or
b. Any "bodily injury" or "property damage"
included in the "products-completed
operations hazard".

J. INCIDENTAL MEDICAL MALPRACTICE

1. The following replaces Paragraph b. of the
definition of "occurrence" in the
DEFINITIONS Section:
b. An act or omission committed in
providing or failing to provide "incidental
medical services", first aid or "Good
Samaritan services" to a person, unless
you are in the business or occupation of
providing professional health care
services.

2. The following replaces the last paragraph of
Paragraph 2.a.(1) of SECTION II – WHO IS
AN INSURED:

Unless you are in the business or occupation
of providing professional health care
services, Paragraphs (1)(a), (b), (c) and (d)
above do not apply to "bodily injury" arising
out of providing or failing to provide:
(a) "Incidental medical services" by any of
your "employees" who is a nurse,
nurse assistant, emergency medical
technician, paramedic, athletic trainer,
audiologist, dietician, nutritionist,
397
CG D3 79 02 19 Page 5 of 6
Includes copyrighted material of Insurance Services Office, Inc. with its permission. © 2017 The Travelers Indemnity Company. All rights reserved.

COMMERCIAL GENERAL LIABILITY
occupational therapist or occupational
therapy assistant, physical therapist or
speech-language pathologist; or
(b) First aid or "Good Samaritan services"
by any of your "employees" or "volunteer
workers", other than an employed or
volunteer doctor. Any such "employees"
or "volunteer workers" providing or failing
to provide first aid or "Good Samaritan
services" during their work hours for you
will be deemed to be acting within the
scope of their employment by you or
performing duties related to the conduct
of your business.

3. The following replaces the last sentence of
Paragraph 5. of SECTION III – LIMITS OF
INSURANCE:

For the purposes of determining the
applicable Each Occurrence Limit, all related
acts or omissions committed in providing or
failing to provide "incidental medical
services", first aid or "Good Samaritan
services" to any one person will be deemed
to be one "occurrence".

4. The following exclusion is added to
Paragraph 2., Exclusions, of SECTION I – COVERAGES – COVERAGE A – BODILY

INJURY AND PROPERTY DAMAGE
LIABILITY:

Sale Of Pharmaceuticals
"Bodily injury" or "property damage" arising
out of the violation of a penal statute or
ordinance relating to the sale of
pharmaceuticals committed by, or with the
knowledge or consent of the insured.

5. The following is added to the DEFINITIONS
Section:
"Incidental medical services" means:
a. Medical, surgical, dental, laboratory, xray or nursing service or treatment, advice or instruction, or the related
furnishing of food or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.

6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS:

This insurance is excess over any valid and
collectible other insurance, whether primary,
excess, contingent or on any other basis,
that is available to any of your "employees"
for "bodily injury" that arises out of providing
or failing to provide "incidental medical
services" to any person to the extent not
subject to Paragraph 2.a.(1) of Section II – Who Is An Insured.

K. MEDICAL PAYMENTS – INCREASED LIMIT
The following replaces Paragraph 7. of
SECTION III – LIMITS OF INSURANCE:

7. Subject to Paragraph 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, and will be the higher of:
a. $10,000; or
b. The amount shown in the Declarations of
this Coverage Part for Medical Expense
Limit.

L. AMENDMENT OF EXCESS INSURANCE
CONDITION – PROFESSIONAL LIABILITY
The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS:

This insurance is excess over any of the other
insurance, whether primary, excess, contingent
or on any other basis, that is Professional
Liability or similar coverage, to the extent the
loss is not subject to the professional services
exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION – WHEN REQUIRED BY WRITTEN CONTRACT

OR AGREEMENT
The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us, of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS:

If the insured has agreed in a written contract or
agreement to waive that insured's right of
recovery against any person or organization, we
waive our right of recovery against such person
or organization, but only for payments we make
because of:
a. "Bodily injury" or "property damage" that
occurs; or
b. "Personal and advertising injury" caused by
an offense that is committed;
subsequent to the signing of that contract or
agreement.
398

COMMERCIAL GENERAL LIABILITY

Page 6 of 6 ends

South Lake Tahoe City CouncilJune 18, 2024

South Lake Tahoe City Council
June 18, 2024