2200 - Spectrum Management Services - Inspection Services for Maintenance YardPROFESSIONAL SERVICES AGREEMENT
CONSTRUCTION INSPECTION SERVICES FOR THE CITY OF ROSEMEAD
MAINTENANCE YARD — 2714 RIVER AVENUE TENATIVE IMPROVEMENT PROJECT
(SPECTRUM MANAGEMENT SERVICES, LLC)
1. PARTIES AND DATE.
This Agreement is made and entered into this '�, 9 1�- day of 20_Z�,
(Effective Date) by and between the City of Rosemead, a mun cipal organization
organized under the laws of the State of California with its principal place of business at
8838 E. Valley Blvd., Rosemead, California 91770 ( "City ") and Spectrum Management
Services, LLC with its principal place of business at 4181 Latham Street, Suite 100
Riverside, CA 92501 ( "Consultant "). City and Consultant are sometimes individually
referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of
certain professional services required by the City on the terms and conditions set forth
in this Agreement. Consultant represents that it is experienced in providing construction
inspection services to public clients, is licensed in the State of California, and is familiar
with the plans of City.
2.2 Project.
City desires to engage Consultant to render construction inspection services
( "Services ") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises 'and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional construction
inspection services consulting services necessary for the Project ( "Services "). The
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Services and hourly rates are more particularly described in Exhibit A attached hereto
and incorporated herein by reference. All Services shall be subject to, and performed in
accordance with, this Agreement, the exhibits attached hereto and incorporated herein
by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from Effective Date
shown above to December 31, 2016, unless earlier terminated as provided herein.
Consultant shall complete the Services within the term of this Agreement, and shall
meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor.
The Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or
different services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such
personnel in connection with their performance of Services under this Agreement and
as required by law. Consultant shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes,
income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement. Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance
with such conditions. In order to facilitate Consultant's conformance with the Schedule,
City shall respond to Consultant's submittals in a timely manner. Upon request of City,
Consultant shall provide a more detailed schedule of anticipated performance to meet
the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
324 Substitution of Key Personnel. Consultant has represented to City
that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Consultant
may substitute other personnel of at least equal competence upon written approval of
City. In the event that City and Consultant cannot agree as to the substitution of key
personnel, City shall be entitled to terminate this Agreement for cause. As discussed
below, any personnel who fail or refuse to perform the Services in a manner acceptable
to the City, or who are determined by the City to be uncooperative, incompetent, a
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threat to the adequate or timely completion of the Project or a threat to the safety of
persons or property, shall be promptly removed from the Project by the Consultant at
the request of the City. .
3.2.5 City's Representative. The City hereby designates City Engineer,
or his or her designee, to act as its representative for the performance of this
Agreement ( "City's Representative "). City's Representative shall have the power to act
on behalf of the City for all purposes under this Contract. Consultant shall not accept
direction or orders from any person other than the City's Representative or his or her
designee.
3.2.6 Consultant's Representative. Consultant hereby designates Mr.
Jose Gonzalez or his /her designee, to act as its representative for the performance of
this Agreement ( "Consultant's Representative "). Consultant's Representative shall have
full authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services,
using his /her best skill and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all
portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with
City staff in the performance of Services and shall be available to City's staff,
consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner,
consistent with the standards generally recognized as being employed by professionals
in the same discipline in the State of California. Consultant represents and maintains
that it is skilled in the professional calling necessary to perform the Services.
Consultant warrants that all employees and subcontractors shall have sufficient skill and
experience to perform the Services assigned to them. Finally, Consultant represents
that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, including
a City Business License, and that such licenses and approvals shall be maintained
throughout the term of this Agreement. As provided for in the indemnification provisions
of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions
which are caused by the Consultant's failure to comply with the standard of care
provided for herein. Any employee of the Consultant or its sub- consultants who is
determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner acceptable to the
City, shall be promptly removed from the Project by the Consultant and shall not be
re- employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of
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and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, Consultant shall be solely responsible for all
costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials,
directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall maintain prior to
the beginning of and for the entire duration of this Agreement an insurance coverage
and policy as specified in Exhibit B attached to and part of this agreement.
3.2.11 Safety. Contractor shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out its Services, the
Contractor shall at all times be in compliance with all applicable local, state and federal
laws, rules and regulations, and shall exercise all necessary precautions for the safety
of employees appropriate to the nature of the work and the conditions under which the
work is to be performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and life saving equipment and procedures; (B)
instructions in accident prevention for all employees and subcontractors, such as safe
walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space
procedures, trenching and shoring, equipment and other safety devices, equipment and
wearing apparel as are necessary or lawfully required to prevent accidents or injuries;
and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement, as
specified in the attached Consultant proposal (i.e., hourly rates, expenses, etc.), but not
to exceed Twenty -Five Thousand Dollars ($25,000.00). Such payments shall be made
on an as- needed basis as directed by the City. Extra Work may be authorized, as
described below, and if authorized, will be compensated at the rates and manner set
forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a
monthly itemized statement which indicates work completed and hours of Services
rendered by Consultant. The statement shall describe the amount of Services and
supplies provided since the initial commencement date, or since the start of the
subsequent billing periods, as appropriate, through the date of the statement. City shall,
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within 45 days of receiving such statement, review the statement and pay all approved
charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed
for any expenses unless authorized in writing by City.
3.3.4 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 written authorization from City's Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California
Code of Regulations, Title 8, Section 1600, et seq., ( "Prevailing Wage Laws "), which
require the payment of prevailing wage rates and the performance of other
requirements on "public works" and "maintenance" projects. If the Services are being
performed as part of an applicable "public works" or "maintenance' project, as defined
by the Prevailing Wage Laws, and if the total compensation is $1,000 or more,
Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide
Consultant with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Consultant shall make copies of the prevailing rates
of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the
Consultant's principal place of business and at the project site. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free
and harmless from any claim or liability arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
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3.5.1.1 Grounds for Termination. City may, by written notice
to Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such
termination. Upon termination, Consultant shall be compensated only for those services
which have been adequately rendered to City, and Consultant shall be entitled to no
further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated
as provided herein, City may require Consultant to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Consultant in
connection with the performance of Services under this Agreement. Consultant shall be
required to provide such document and other information within fifteen (15) days of the
request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms
and in such manner as it may determine appropriate, services similar to those
terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONSULTANT:
Spectrum Management Serices, LLC
4181 Latham Street, Suite 100
Riverside, CA 92501
Attn: Jose Gonzales
Tel: (626) 560 -3151
CITY:
City of Rosemead
P.O. Box 399
Rosemead, CA 91770
Attn: City Engineer
Such notice shall be deemed made when personally delivered or when mailed,
forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property.
This Agreement creates a non - exclusive and perpetual license for City to copy, use,
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modify, reuse, or sublicense any and all copyrights, designs, and other intellectual
property embodied in plans, specifications, studies, drawings, estimates, and other
documents or works of authorship fixed in any tangible medium of expression, including
but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to
agree in writing that City is granted a non - exclusive and perpetual license for any
Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard
to Documents & Data which were prepared by design professionals other than
Consultant or provided to Consultant by the City. City shall not be limited in any way in
its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held
confidential by Consultant. Such materials shall not, without the prior written consent of
City, be used by Consultant for any purposes other than the performance of the
Services. Nor shall such materials be disclosed to any person or entity not connected
with the performance of the Services or the Project. Nothing furnished to Consultant
which is otherwise known to Consultant or is generally known, or has become known, to
the related industry shall be deemed confidential. Consultant shall not use City's name
or insignia, photographs of the Project, or any publicity pertaining to the Services or the
Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with
one another, and shall take any additional acts or sign any additional documents as
may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the
other party, either legal, administrative or other, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover
from the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the
City' its officials, officers, employees, volunteers and agents free and harmless from any
and all claims, demands, causes of action, costs, expenses, liability, loss, damage or
injury, in law or equity, to property or persons, including wrongful death, in any manner
arising out of or incident to any alleged acts, omissions or willful misconduct of
Consultant, its officials, officers, employees, agents, consultants and contractors arising
out of or in connection with the performance of the Services, the Project or this
Agreement, including without limitation the payment of all consequential damages and
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attorneys fees and other related costs and expenses. Consultant shall defend, at
Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against City, its
directors, officials, officers, employees, agents or volunteers. Consultant shall pay and
satisfy any judgment, award or decree that may be rendered against City or its
directors, officials, officers, employees, agents or volunteers, in any such suit, action or
other legal proceeding. Consultant shall reimburse City and its directors, officials,
officers, employees, agents and /or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Consultant's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by the City, its directors, officials officers, employees, agents
or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement
of the parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by
a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of
the State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to
employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for
or against any Party. Any term referencing time, days or period for performance shall
be deemed calendar days and not work days. All references to Consultant include all
personnel, employees, agents, and subcontractors of Consultant, except as otherwise
specified in this Agreement. All references to City include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this Agreement.
The captions of the various articles and paragraphs are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content, or
intent of this Agreement.
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3.5.14 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the
other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or secure this Agreement. Further, Consultant
warrants that it has not paid nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Consultant, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. Consultant further agrees to file, or shall cause its
employees or subconsultants to file, a Statement of Economic Interest with the City's
Filing Officer as required under state law in the performance of the Services. 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.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non - discrimination shall include, but not be
limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination. Consultant shall also
comply with all relevant provisions of City's Minority Business Enterprise program,
Affirmative Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to
undertake self- insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
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3.5.21 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 bind each
respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts,
each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any
portion of the work required by this Agreement, except as expressly stated herein,
without prior written approval of City. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement.
[Signatures on next page]
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CITY OF ROSEMEAD SPECTRUM MANAGEMENT SERVICE, LLC
By: Z> — 4 By: = 03 -10 -16
J6# AI ed, ity anager Dat4 Date
Name: Hal
Attest:
// Title: Owner
City Clerk !/
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
0
Name:
EXHIBIT A
SCOPE OF SERVICES/ HOURLY RATES
March 2, 2016.
City of Rosemead
Public Works Department
ATTN: Rafael Fajardo PE
Proposal for:
Construction Management Services for:
City of Rosemead Maintenance Ward Tenant Improvement Project
Dear Mr. Fajardo:
Thank you for the opportunity to provide you with our proposal for Construction Inspection Services for the construction of j
the Public Works Maintenance Yard Tenant Improvement project.
The project consists of interior tenant improvements, asbestos abatement, sprinkler system and others. It is approximate 120
calendar days for the completion of the project. It is anticipated approximate 2 to 3 hours per day or as needed.
Fee Chart
Category
Hourly Rate
Construction Inspection
$ 88.00
$ 88.00
*The above pricing is based on scope of work to be mutually agreed upon both parties.
Qualifications:
With our extensive experience working for Public Works Agencies, Spectrum Management Services (SMS) understands the !
importance of providing a facility that best service to meet the client's project goals. Our Construction Managers and
support staff will use their prior knowledge of working with other similar Agencies to ensure a successful project.
We are confident that the quality of our staff and our understanding of the various project elements can help the City of
Rosemead successfully complete this project.
If you have any questions regarding this proposal, please feel free to contact us.
Best regards, ci Ros
pub(ir. 'War(s Depa MXnt
Ei yineerirly Division
Jose Gonz VF
Executive Director Date. 16
�eeeivul.
Spectrum Management Services ✓
Denied
4181 Latham Street Suite 100, Riverside, CA 92501 ® (951) 788 -0703 Phone o (951) 788 -1517 Fax
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will
maintain insurance in conformance with the requirements set forth below. Consultant
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, Consultant agrees to amend,supplement
or endorse the existing coverage to do so. Consultant acknowledges that the insurance
coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to City in excess of the limits and
coverage required in this agreement and which is applicable to a given loss, will be
available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non -owned auto endorsement to the general liability
policy described above. If Consultant or Consultant's employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability
coverage for each such person.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Any such coverage provided under an umbrella liability policy shall include a
drop down provision providing primary coverage above a maximum $25,000 self -
insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in
addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured's liability is determined, not requiring actual payment by the insured first. There
shall be no cross liability exclusion precluding coverage for claims or suits by one
insured against another. Coverage shall be applicable to City for injury to employees of
Consultant, subconsultants or others involved in the Work. The scope of coverage
provided is subject to approval of City following receipt of proof of insurance as required
herein. Limits are subject to review but in no event less than $1 Million per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
13
omissions of the consultant and "Covered Professional Services" as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A.M. Bests rating of A- or better
and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
of subrogation prior to a loss. Consultant agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so- called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
As
endorsement to Consultant's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled
at any time and no replacement coverage is provided, City has the right, but not
the duty, to obtain any insurance it deems necessary to protect its interests under
this or any other agreement and to pay the premium. Any premium so paid by
City shall be charged to and promptly paid by Consultant or deducted from sums
due Consultant, at City option.
& Certificate(s) are to reflect that the insurer will provide 30 days notice to City of
any cancellation of coverage. Consultant agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that any
party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
,first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all
agreements with subcontractors and others engaged in the project will be
submitted to City for review.
11. Consultant agrees not to self- insure or to use any self- insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work on the project
contemplated by this agreement to self- insure its obligations to City. If
Consultant's existing coverage includes a deductible or self- insured retention, the
deductible or self- insured retention must be declared to the City. At that time the
City shall review options with the Consultant, which may include reduction or
elimination of the deductible or selfinsured retention, substitution of other
coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Consultant ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to City.
I: c
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of City to inform Consultant of non - compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this agreement. This obligation applies whether or not the agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant's insurance agent to this effect is acceptable. A certificate of
insurance and /or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
City within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this
AM
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
IN
CERTI OF L IABILITY IN I D
14/20 6 'DDIYYYY
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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
PRODUCER CUNIACI Annette Chawki - Bechara
NAME:
Millennium Corporate $O1llt10RB ADDRES S: t (949) 857 -4$00 FAX NO (949) 857 -4800
License # OC13480 EMAIL annette@mcsins.com
5530 Trabuco Road INSURERS AFFORDING COVERAGE NAIC It
Irvine CA 92620 uimlccon.v.11o1 m..— T.......... r....,.. -..., l onc,no
Spectrum Management Services a Division INSURERC;Catlin Specialty Insurance COm an 15989
o£ Hal Hays Construction, Inc. INSURERDAGCS Marine Insurance Com an 22837
4181 Latham Street INSURER E;
Riverside CA 92501 INSURERF:
COVFRAGF_R CFRTIFICATF NI IMRFRd.S -1 6 AT HHCT oclnclnnl nn IRMOMD-
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.
INSR
LTR
TYPE OF INSURANCE
ADDL
im
SUER
Jb=
POLICY NUMBER
POLICY EFF
MMIDDIYYYY
POLICY EXP
MM/DD
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -AIMS
EACH OCCURRENCE
$ 1,000,000
DAMAGETORENTED
PREMISES Ea occurtence
$ 500,000
MED EXP(Any one person)
$ 15,000
5095056830
11/1/2015
11/1/2016
PERSONAL &ACV INJURY
$ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY FX] jECT D LOC
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS- COMPIOPAGG
$ 2,000,000
$
OTHER:
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
Ea sccitlent
$ 1,000,000
BODILY INJURY (Per person)
$
B
qN Y AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
6019429570
11/1/2015
11/1/2016
J X
$
NON-OWNED
HIRED AUTOS X AUTOS
PROPERTY DAMAGE
per accident
$
R
UMBRELLA LIAR
I X
OCCUR
EACH OCCURRENCE
$ 10,000,000
AGGREGATE
$ 10,000,000
A
EXCESS LIAB
CLAIMS -MADE
DIED I X I RETENTION$ 10,000
$
1 6014429553
11/1/2015
11/1/2016
WORKERS COMPENSATION
PER OTH-
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNEWEXECUTIVE
OFFICER /MEMBER EXCLUDED?
NIA
STATUTE ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYE
$
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$
C
Professional &Pollution Liab
CPL- 198353 -1116
11/1/2015
11/1/2016
Each Cht"Aggregate $3,000,000
D
Leased &Owned Contract Equip.
MCI 93011459
11/1/2015
11/1/2016
Urnitafinsurance $4,009,954
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required)
Re: All operations of the named insured for the certificate holder
City of Rosemead, its officials, employees and agents, where required by written contract, are named
additional insured with primary wording and waiver of subrogation as respects General Liability per the
attached endorsements. [Replaces certificate dated 10/21/151
City of Rosemead
PO Box 399
Rosemead, CA 91770
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Chawki - Bechara /ACB Z7
reserved.
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
INS0251201401)
CNA Policy No. 5095056830
Effective: 11/1/2015
CONTRACTORS' GENERAL LIABILITY EXTENSION
G- 18652 -J
(Ed. 07 -12)
It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE
PART as follows. The changes this endorsement makes do not apply with respect to any coverage that has been
excluded or amended by another endorsement attached to this policy.
SCHEDULE
Coverage is summarized below. For particulars and limitations affecting each coverage, please refer to the
corresponding policy provisions in the body of this endorsement.
1. Additional Insureds
Seven additional insured extensions.
2. Bodily Injury — Expanded Definition
3. Broad Knowledge of Occurrence/ Notice of Occurrence
4. Broad Named Insured
5. Broadened Liability Coverage For Damage To "Your Product" And "Your Work"
Limit: $100,000.
6. Contractual Liability — Railroads
Expanded definition of "insured contract."
7. Contractual Liability For Personal And Advertising Injury
8. Electronic Data Liability
Loss of Electronic Data Limit: $100,000.
9. Expanded Personal And Advertising Injury - Discrimination Or Humiliation
10. Expected Or Intended Injury
Reasonable force — "bodily injur/' or "property damage."
11. General Aggregate Limits Of Insurance - Per Project
12. In Rem Actions
13. Incidental Health Care Malpractice Coverage
14. Joint Ventures /Partnership /Limited Liability Companies
Coverage for your interest in such terminated or ended organizations.
15. Legal Liability /Alienated Premises /Borrowed Equipment Coverage
Extended perils.
Default limit increased to $500,000 for Damage to Premises Rented To You.
$25,000 limit for "property damage" to borrowed tools or equipment at a jobsite.
16. Liberalization Clause
17. Liquor Liability Coverage Extension
18. Medical Payments
Limits increased to $15,000.
Reporting increased to three years from the date of accident.
19. Non -owned Aircraft Coverage
20. Non -owned Watercraft
Increased to 75 feet.
21. Primary And Non - Contributory To Other Insurance
22. Property Damage - Elevators
23. Supplementary Payments
Cost of bail bonds increased to $5,000.
Daily loss of earnings increased to $1,000.
24. Unintentional Failure To Disclose Hazards
25. Waiver of Subrogation - Blanket
Waiver of subrogation where required by written contract or written agreement.
26. Wrap -Up Extension
G- 18652 -J (Ed. 07 -12)
Page 1 of 12
Copyright, CNA All Rights Reserved.
AA 111 •' I
1. ADDITIONAL INSURED
SECTION If — WHO IS AN INSURED is amended to
include as an insured any person or organization
(called additional insured) described in paragraphs
A. through G. below whom you are required to add
as an additional insured on this policy under a
written contract or written agreement, provided the
written contract or written agreement:
I. Is currently in effect or becomes effective
during the term of this policy; and
if. Was executed prior to the "bodily injury,"
"property damage" or "personal injury and
advertising injury" for which the additional
insured seeks coverage.
However, we will not provide the additional
insured any broader coverage or any higher limit
of insurance than the least that is:
a. The maximum permitted by law;
b. Required in the written contract or written
agreement;
c. Afforded to you under this policy; or
d. Described in the applicable paragraphs A.
through G. below.
A. Controlling Interest
Any persons or organizations with a controlling
interest in you but only with respect to their
liability arising out of:
1. Their financial control of you; or
2. Premises they own, maintain or control
while you lease or occupy these premises.
This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for such additional
insured.
B. Co -owner of Insured Premises
A co -owner of a premises co -owned by you and
covered under this insurance but only with
respect to the co- owner's liability as co -owner of
such premises.
C. Lessor - Equipment
Any person or organization from whom you
lease equipment, but only with respect to
liability for "bodily injury," "property damage"
or "personal and advertising injury" caused,
in whole or in part, by your maintenance,
operation or use of equipment leased to you
by such person or organization.
G- 18652 -J
(Ed. 07 -12)
2. With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to any "occurrence" which
takes place after the equipment lease
expires.
D. Lessor - Land
An owner or other interest from whom land has
been leased by you but only with respect to
liability arising out of the ownership,
maintenance or use of that specific part of the
land leased to you and subject to the following
additional exclusions:
This insurance does not apply to:
1. Any "occurrence" which takes place after
you cease to lease that land; or
2. Structural alterations, new construction or
demolition operations performed by or on
behalf of such additional insured.
E. Lessor - Premises
A manager or lessor of premises but only with
respect to liability arising out of the ownership,
maintenance or use of that specific part of the
premises leased to you and subject to the
following additional exclusions:
This insurance does not apply to:
1. Any "occurrence" which takes place 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 additional insured,
F. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver but only with
respect to their liability as mortgagee, assignee,
or receiver and arising out of the ownership,
maintenance, or use of a premises by you.
This insurance does not apply to structural
alterations, new construction or demolition
operations performed by or for such additional
insured.
G. State or Governmental Agency or
Subdivision or Political Subdivisions
A state or governmental agency or subdivision
or political subdivision subject to the following
provisions:
1. This insurance applies only with respect to
the following hazards for which the state or
governmental agency or subdivision or
political subdivision has issued a permit or
authorization in connection with premises
G- 18652 -J (Ed. 07 -12)
Page 2 of 12
Copyright, CNA All Rights Reserved.
CNA
you own, rent, or control and to which this
insurance applies:
a. The existence, maintenance, repair,
construction, erection, or removal of
advertising signs, awnings, canopies,
cellar entrances, coal holes, driveways,
manholes, marquees, hoistaway
openings, sidewalk vaults, street
banners, or decorations and similar
exposures; or
b. The construction, erection, or removal
of elevators; or
c. The ownership, maintenance or use of
any elevators covered by this insurance.
2. This insurance applies only with respect to
operations performed by you or on your
behalf for which the state or governmental
agency or subdivision or political subdivision
has issued a permit or authorization.
3. This insurance does not apply to
a. "Bodily injury," "property damage" or
"personal and advertising injury" arising
out of operations performed for the
federal government, state or
municipality; or
b. "Bodily injury" or "property damage"
included within the "products- completed
operations hazard."
A governmental permit which requires you to
add the governmental entity as an additional
insured will trigger this Provision 1. as if the
permit were a written contract.
2. BODILY INJURY— EXPANDED DEFINITION
SECTION V — DEFINITIONS, the definition of
"bodily injury" is changed to read:
"Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death,
humiliation, shock, mental anguish or mental injury
by that person at any time which results as a
consequence of the bodily injury, sickness or
disease.
3. BROAD KNOWLEDGE OF OCCURRENCE/
NOTICE OF OCCURRENCE
Condition 2. Duties in The Event of Occurrence,
Offense, Claim or Suit of SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS is amended to add the following
provisions:
A. BROAD KNOWLEDGE OF OCCURRENCE
G- 18652 -J
(Ed. 07 -12)
You must give us or our authorized
representative notice of an "occurrence,"
offense, claim, or "suit" only when the
"occurrence," offense, claim or "suit" is known
to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) An executive officer or the employee
designated by you to give such notice, if you
are a corporation; or
(4) A manager, if you are a limited liability
company.
B. NOTICE OF OCCURRENCE
Your rights under this Coverage Part will not be
prejudiced if you fail to give us notice of an
"occurrence," offense, claim or "suit" and that
failure is solely due to your reasonable belief
that the "bodily injury' or "property damage" is
not covered under this Coverage Part. However,
you shall give written notice of this "occurrence,"
offense, claim or "suit" to us as soon as you are
aware that this insurance may apply to such
"occurrence," offense claim or "suit."
4. BROAD NAMED INSURED
A. Any subsidiary or affiliate organization, other
than a partnership, joint venture or limited
liability company, in which a Named Insured
specifically shown in the Declarations has
management control, directly or through one or
more subsidiary organizations, at the time of
loss will qualify as a Named Insured but only if
there is no other similar insurance available to
such organization, nor similar insurance which
would be available but for exhaustion of its
limits. For the purpose of this provision, similar
insurance means general liability or equivalent
insurance, no matter whether its coverage is
broader or narrower than that provided by this
insurance. But if the only other similar insurance
is for a "consolidated (wrap -up) program," then
a subsidiary that qualifies as a Named Insured
on such project- specific insurance can still
qualify as a Named Insured on this insurance,
but not for projects covered by the "consolidated
(wrap -up) program."
[Please see Item 26.C. of this endorsement for
the definition of "consolidated (wrap -up)
program."]
B. This endorsement does not apply to any
organization for which coverage is excluded by
another endorsement attached to this policy.
C. Only for the purpose of this endorsement:
G- 18652 -J (Ed. 07 -12)
Page 3 of 12
Copyright, CNA All Rights Reserved.
1. Management control means
a. Ownership interest representing more
than 50% of the voting, appointment, or
designation power for the subsidiary
organization's governing body; or
b. Having the right, pursuant to a written
contract, or pursuant to the by -laws,
charter, operating agreement, or similar
document of a specifically shown
Named Insured or controlled subsidiary
organization to select, appoint, or
designate a majority of the subsidiary
organization's governing body. Such
contract or document must have been
created prior to the time of loss; or
c. Having the right, pursuant to a written
trust agreement, to protect, control the
use of, encumber or transfer and sell
property held by a trust.
2. Governing body means the Board of
Directors of a corporation.
3. Loss means:
a. The occurring of the "bodily injury" or
"property damage"; or
b. The committing of the offense that
caused the "personal and advertising
injury."
D. The insurance provided by this policy applies to
Named Insureds when trading under their own
names, or under such trading names or doing -
business-as (DBA) names as any should
choose to employ.
5. BROADENED LIABILITY COVERAGE FOR
DAMAGE TO "YOUR PRODUCT" AND "YOUR
WORK"
G- 18652 -J
(Ed. 07 -12)
I. Damage to Your Work
"Property damage" to "your work" arising out of
it, or any part of it and included in the "products -
completed operations hazard."
This exclusion does not apply:
(1) If the damaged work or the work out of
which the damage arises was
performed on your behalf by a
subcontractor; or
(2) If the cause of loss to the damaged
work arises as a result of:
(a) Fire;
(b) Smoke;
(c) Collapse; or
(d) Explosion.
B. The following paragraph is added to SECTION
III — LIMITS OF INSURANCE:
Subject to 5. above, $100,000 is the most we
will pay under Coverage A for the sum of
damages arising out of any one "occurrence"
because of "property damage" to "your product"
and "your work" that is caused by fire, smoke,
collapse or explosion and is included within the
"product- completed operations hazard." This
sublimit does not apply to "property damage" to
"your work" if the damaged work or the work out
of which the damage arises was performed on
your behalf by a subcontractor.
C. This Provision 5. Broadened Liability
Coverage For Damage To "Your Product"
And "Your Work" does not apply if an
endorsement of the same name is attached to
this policy.
6. CONTRACTUAL LIABILITY— RAILROADS
A. Under SECTION I — COVERAGE A — BODILY With respect to operations performed within 50 feet
INJURY AND PROPERTY DAMAGE
LIABILITY, Paragraph 2. Exclusions is amended of railroad property, the definition of "insured to delete exclusions k. and I. and replace them contract" in SECTION V— DEFINITIONS is
with the following: replaced by the following:
[This insurance does not apply to:)
k. Damage to Your Product
"Property damage" to "your product" arising
out of it, or any part of it except when
caused by or resulting from:
(1) Fire;
(2) Smoke;
(3) Collapse; or
(4) Explosion.
"Insured Contract" means
a. A contract for a lease of premises. However,
that portion of the contract for a lease of
premises that indemnifies any person or
organization for damage by fire to premises
while rented to you or temporarily occupied by
you with permission of the owner is not an
"insured contract";
b. A sidetrack agreement;
c. Any easement or license agreement;
G- 18652 -J (Ed. 07 -12)
Page 4 of 12
Copyright, CNA All Rights Reserved.
CNA
d. An obligation, as required by ordinance, to
indemnify a municipality, except in connection
with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement
pertaining to your business (including an
indemnification of a municipality in connection
with work performed for a municipality) under
which you assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to a third person or organization. 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 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;
(2) Under which the insured, if an architect,
engineer or surveyor, assumes liability for
an injury or damage arising out of the
insured's rendering or failure to render
professional services, including those listed
in (1) above and supervisory, inspection,
architectural or engineering activities.
7. CONTRACTUAL LIABILITY FOR PERSONAL
AND ADVERTISING INJURY
Under SECTION I — COVERAGE B — PERSONAL
AND ADVERTISING INJURY LIABILITY, Paragraph
2. Exclusions is amended to delete exclusion e.
Contractual Liability.
This provision 7. does not apply to any person or
organization who otherwise qualifies as an
additional insured on this Coverage Part.
8. ELECTRONIC DATA LIABILITY
A. Under SECTION I — COVERAGE A — BODILY
INJURY AND PROPERTY DAMAGE,
Paragraph 2. Exclusions is amended to delete
exclusion p. Electronic Data and replace it with
the following:
[This insurance does not apply to:]
p. Electronic Data
G- 18652 -J
(Ed. 07 -12)
Damages arising out of the loss of, loss of use
of, damage to, corruption of, inability to access,
or inability to manipulate "electronic data" that
does not result from physical injury to tangible
property.
However, this exclusion does not apply to
liability for damages because of "bodily injury."
B. The following paragraph is added to SECTION
111 — LIMITS OF INSURANCE:
Subject to 5. above, $100,000 is the most we
will pay under Coverage A for all damages
arising out of anyone "occurrence" because of
"property damage" that results from physical
injury to tangible property and arises out of
"electronic data."
C. The following definition is added to the
SECTION V — DEFINITIONS:
"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.
D. For the purposes of the coverage provided by
this endorsement, the definition of "property
damage" in SECTION V — DEFINITIONS is
replaced by the following:
17. "Property damage" means:
a. Physical injury to tangible property,
including all resulting loss of use of that
property. All such loss of use shall be
deemed to occur at the time of the
physical injury that caused it;
b. Loss of use of tangible property that is
not physically injured. All such loss of
use shall be deemed to occur at the
time of the "occurrence" that caused it;
or
c. Loss of, loss of use of, damage to,
corruption of, inability to access, or
inability to properly manipulate
"electronic data," resulting from physical
injury to tangible property. All such loss
of "electronic data" shall 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.
E. If Electronic Data Liability is provided at a higher
limit by another endorsement attached to this
G-1 8652-J (Ed. 07 -12)
Page 5 of 12
Copyright, CNA All Rights Reserved.
a
policy, then the $100,000 limit provided by this
Provision 8. Electronic Data Liability is part of,
and not in addition to, that higher limit.
9. EXPANDED PERSONAL AND ADVERTISING
INJURY - DISCRIMINATION OR HUMILIATION
A. SECTION V— DEFINITIONS is amended to add
the following to the definition of "Personal and
advertising injury":
h. Discrimination or humiliation that results in
injury to the feelings or reputation of a
natural person, but only if such
discrimination or humiliation is:
(1) Not done intentionally by or at the
direction of:
(a) The insured; or
(b) Any "executive officer," director,
stockholder, partner, member or
manager (if you are a limited liability
company) of the insured; and
(2) Not directly or indirectly related to the
employment, prospective employment,
past employment or termination of
employment of any person or persons
by any insured.
B. Under SECTION I — COVERAGE B —
PERSONAL AND ADVERTISING INJURY
LIABILITY, Paragraph 2. Exclusions is
amended to add the following additional
exclusions:
[This insurance does not apply to:]
Discrimination Relating To Room,
Dwelling or Premises
"Personal or advertising injury" caused by
discrimination directly or indirectly related to
the sale, rental, lease or sub -lease or
prospective sale, rental, lease or sub -lease
of any room, dwelling or premises by or at
the direction of any insured.
Fines Or Penalties
Fines or penalties levied or imposed by a
governmental entity because of
discrimination.
This provision 9. does not apply to any person
or organization who otherwise qualifies as an
additional insured on this Coverage Part.
10. EXPECTED OR INTENDED INJURY
G- 18652 -J
(Ed. 07 -12)
Intended Injury and replace it with the
following:
[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.
11. GENERAL AGGREGATE LIMITS OF
INSURANCE - PER PROJECT
A. For each construction project away from
premises you own or rent, a separate
Construction Project General Aggregate
Limit, equal to the amount of the General
Aggregate Limit, is the most we will pay for
the sum of:
1. All damages under Coverage A, except
damages because of "bodily injury" or
"property damage" included in the
"products- completed operations
hazard "; and
2. All medical expenses under Coverage
C,
that arise from "occurrences" or
accidents which can be attributed solely
to ongoing operations at that
construction project. Such payments
shall not reduce the General Aggregate
Limit shown in the Declarations, nor the
Construction Project Aggregate Limit of
any other construction project.
iw.AIU
1. Damages under Coverage B, regardless of
the number of locations or construction
projects involved;
2. Damages under Coverage A, caused by
"occurrences" which cannot be attributed
solely to ongoing operations at a single
construction project, except damages
because of "bodily injury" or "property
damage" included in the "products -
completed operations hazard "; and
3. Medical expenses under Coverage C
caused by accidents which cannot be
attributed solely to ongoing operations at a
single construction project,
Under SECTION I — COVERAGE A— BODILY will reduce the General Aggregate Limit shown
INJURY AND PROPERTY DAMAGE in the Declarations.
LIABILITY, Paragraph 2. Exclusions is
amended to delete exclusion a. Expected or
G- 18652 -J (Ed. 07 -12)
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C. The limits shown in the Declarations for Each
Occurrence, for Damage To Premises Rented
To You and for Medical Expense continue to
apply, but will be subject to either the
Construction Project Aggregate Limit or the
General Aggregate Limit, depending on whether
the "occurrence" can be attributed solely to
ongoing operations at a particular construction
project.
D. When coverage for liability arising out of the
"products- completed operations hazard" is
provided, any payments for damages because
of "bodily injury" or "property damage" included
in the "products- completed operations hazard,"
regardless of the number of locations involved
will reduce the Products - Completed Operations
Aggregate Limit shown in the Declarations.
E. If a single construction project away from
premises owned by or rented to the insured has
been abandoned and then restarted, or if the
authorized contracting parties deviate from
plans, blueprints, designs, specifications or
timetables, the project will still be deemed to be
the same construction project.
F. The provisions of SECTION III — LIMITS OF
INSURANCE not otherwise modified by this
endorsement shall continue to apply as
stipulated.
12. IN REM ACTIONS
Any action in rem against any vessel owned or
operated by or for you, or chartered by or for you will
be treated in the same manner as though the action
were in personam against you.
In rem is a term used to designate actions instituted
against the thing, as distinct from actions against
the person, which are said to be in personam.
13. INCIDENTAL HEALTH CARE MALPRACTICE
COVERAGE
A. With respect only to "bodily injury' that arises
out of a "health care incident," COVERAGE A —
BODILY INJURY AND PROPERTY DAMAGE
LIABILITY OF SECTION I — COVERAGES is
amended to replace Insuring Agreement
Paragraphs 1.b.(1) and 1.b.(2) with the
following:
b. This insurance applies to "bodily injury" only
if you are not in the business of providing
professional health care services, and only
if:
G- 18652 -J
(Ed. 07 -12)
(a) "Bodily injury" caused by a "health
care incident" will be considered
caused by an "occurrence'; and
(b) All acts, errors or omissions that
are logically connected by any
common fact, circumstance,
situation, transaction, event, advice
or decision will be considered to
constitute a single "occurrence ";
(2) The "bodily injury" occurs during the
policy period. All "bodily injury" arising
from an "occurrence" will be deemed to
have occurred at the time of the first
act, error, or omission that is part of the
"occurrence ": and
B. With respect only to the insurance provided by
this Provision 13., Exclusion 2.e. Employer's
Liability of SECTION I — COVERAGE A —
BODILY INJURY AND PROPERTY DAMAGE,
is amended to append the following:
Only for "bodily injury" not covered by other
liability insurance (including state - sanctioned
self insurance) available to the insured (or which
would be available but for exhaustion of its
limits), this exclusion does not apply to "bodily
injury" that arises out of a "health care incident."
C. SECTION V— DEFINITIONS is amended to add
the following new definition:
"Health care incident" means a negligent act,
error or omission by your "employees" or
"volunteer workers" working on your behalf in
the rendering of or failure to render professional
health care services in any of the following
capacities, or the related furnishing of food,
beverages, medical supplies or appliances:
a. Physician;
b. Nurse;
c. Emergency medical technician;
d. Paramedic;
e. Chiropractor;
f. Dentist;
g. Athletic trainer;
h. Audiologist;
1. Physical therapist;
j. Psychologist;
(1) The "bodily injury" is caused by an k. Speech therapist;
"occurrence" that takes place in the I. Other allied health professional; or
"coverage territory." For the purpose of
this insurance:
G- 18652 -J (Ed. 07 -12)
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m. Provider of first aid or Good Samaritan
services rendered in an emergency and for
which no payment is demanded or received.
D. SECTION I — COVERAGE A — BODILY INJURY
AND PROPERTY DAMAGE, Paragraph 2.
Exclusions is amended to add the following
additional exclusions. These new exclusions
apply only to this Incidental Health Care
Malpractice Coverage:
[This insurance does not apply to:]
Dishonesty or Crime
Any dishonest, criminal or malicious act, error or
omission,
Clinical Trials / Product Testing
Acts, errors or omissions that occur in the
course of human clinical trials or product
testing.
Medicare /Medicaid Fraud
Medicare or Medicaid fraud or abuse.
Services Excluded by Endorsement
Any "health care incident" for which coverage is
excluded by endorsement.
E. SECTION V— DEFINITIONS is amended to add
the following subparagraph to Paragraph f. of
the definition of "insured contract ":
Paragraph f, does not include that part of any
contract or agreement:
(4) Under which you assume another's tort
liability for "bodily injury" arising out of the
rendering of or failure to render professional
health care services.
F. SECTION II — WHO IS AN INSURED is
amended to add the following provisions:
1. Your "employees" are insureds with respect
to:
a. "bodily injury" to a co- "employee" while
in the course of the co- "employee's"
employment by you or while performing
duties related to the conduct of your
business; and
b. "bodily injury" to a "volunteer worker"
while performing duties related to the
conduct of your business;
when such "bodily injury" arises out of a
"health care incident."
2. Your "volunteer workers" are insureds with
respect to:
G- 18652 -J
(Ed. 07 -12)
a. "bodily injury" to a co-"volunteer worker"
while performing duties related to the
conduct of your business; and
b. "bodily injury" to an "employee" while in
the course of the "employee's"
employment by you or while performing
duties related to the conduct of your
business;
when such "bodily injury" arises out of a
"health care incident."
3. Paragraphs 2.a. (1)(a), (b) and (c) of
SECTION II — WHO IS AN INSURED do
not apply to "bodily injury" for which
insurance is provided this Provision 13.
4. Paragraph 2.a.(1)(d) of SECTION II — WHO
IS AN INSURED is deleted.
G. With respect to the insurance provided by this
Provision 13., the following is added to
Paragraph 4.b.(1) of SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS:
To the extent this insurance applies, it is excess
over any of the other insurance (including
qualified self insurance), whether primary,
excess, contingent or on any other basis, except
for insurance purchased specifically by you to
be excess of this policy.
14. JOINT VENTURES / PARTNERSHIP / LIMITED
LIABILITY COMPANIES
A. The following is added to SECTION II — WHO
IS AN INSURED:
4. You are an insured when you had an
interest in a joint venture, partnership or
limited liability company which terminated or
ended prior to or during this policy period,
but only to the extent of your interest in such
joint venture, partnership or limited liability
company. This coverage does not apply:
a. Prior to the termination date of any joint
venture, partnership or limited liability
company;
b. If there is other valid and collectible
insurance purchased specifically to
insure the partnership, joint venture or
limited liability company; or
c. To a joint venture, partnership or limited
liability company which is or was
insured under a "consolidated (wrap -up)
insurance program."
G- 18652 -J (Ed. 07 -12)
Page 8 of 12
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[Please see Item 26.C. of this endorsement
for the definition of "consolidated (wrap -up)
program. "]
B. The last paragraph of SECTION II — WHO IS
AN INSURED is deleted and replaced by the
following:
Except as provided under the Contractors'
General Liability Extension Endorsement or by
the attachment of another endorsement (if any),
no person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured
in the Declarations.
15. LEGAL LIABILITY /ALIENATED PREMISES/
BORROWED EQUIPMENT
A. Under SECTION I — COVERAGE A — BODILY
INJURY AND PROPERTY DAMAGE,
Paragraph 2. Exclusions is amended to delete
exclusion j. Damage to Property in its entirety
and replace it with the following:
[This insurance does not apply to:]
j. Damage to Property
"Property damage" to:
(1) Property you own, rent, or occupy;
(2) Premises you sell, give away or
abandon, if the "property damage"
arises out of any part of those
premises;
(3) Property loaned to you;
(4) Personal property in the care, custody
or control of the insured;
(5) That particular part of real property on
which you or any contractors or
subcontractors working directly or
indirectly on your behalf are performing
operations, if the "property damage"
arises out of those operations; or
(6) That particular part of any property that
must be restored, repaired or replaced
because "your work" was incorrectly
performed on it.
Paragraph (2) of this exclusion does not
apply if the premises are "your work."
Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" to tools or
equipment loaned to you. A separate limit
of insurance applies to such tools or
equipment that are damaged while being
used in your operations.
G- 18652 -J
(Ed. 07 -12)
Paragraphs (1), (3) and (4) of this exclusion
do not apply to "property damage" (other
than damage by fire) to premises rented to
you or temporarily occupied by you with the
permission of the owner, or to the contents
of premises rented to you for a period of 7
or fewer consecutive days. A separate limit
of insurance applies to Damage To
Premises Rented To You as described in
SECTION III — LIMITS OF INSURANCE.
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
"products- completed operations hazard."
B. Under SECTION I — COVERAGE A — BODILY
INJURY AND PROPERTY DAMAGE the last
paragraph of Paragraph 2. Exclusions is deleted
and replaced by the following.
Exclusions c. through n. do not apply to
damage by fire to premises while rented to you
or temporarily occupied by you with permission
of the owner nor to the contents of premises
rented to you for a period of 7 or fewer
consecutive days.
A separate limit of insurance applies to this
coverage as described in SECTION III — LIMITS
OF INSURANCE.
C. The following paragraph is added to SECTION
III — LIMITS OF INSURANCE:
Subject to S. above, $25,000 is the most we will
pay under Coverage A for damages arising out
of any one "occurrence" because of "property
damage" to tools or equipment loaned to you by
others that occurs while the equipment is being
used to perform operations.
D. Paragraph 6. Damage To Premises Rented To
You Limit of SECTION III — LIMITS OF
INSURANCE is replaced by the following:
6. Subject to Paragraph 5. above, (the Each
Occurrence Limit), the Damage To
Premises Rented To You Limit is the most
we will pay under SECTION — I —
COVERAGE A for damages because of
"property damage" to any one premises
while rented to you or temporarily occupied
by you with the permission of the owner,
including contents of such premises rented
to you for a period of 7 or fewer consecutive
days. The Damage To Premises Rented To
You Limit is the greater of:
a. $500,000; or
G-1 8652-J (Ed. 07 -12)
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b. The Damage To Premises Rented To
You Limit shown in the Declarations.
E. Paragraph 4.b.(1)(a)(ti) of SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS is deleted and replaced by the
following:
(ti) That is property insurance for premises
rented to you, for premises temporarily
occupied by you with the permission of the
owner; or for personal property of others in
your care, custody or control;
F. This Provision 15. does not apply if Damage To
Premises Rented To You Liability under
SECTION — I — COVERAGE A is excluded by
endorsement.
16. LIBERALIZATION CLAUSE
If we adopt a change in our forms or rules which
would broaden coverage for contractors under this
endorsement without an additional premium charge,
your policy will automatically provide the additional
coverage as of the date the revision is effective in
your state.
17. LIQUOR LIABILITY
Under SECTION I — COVERAGE A — BODILY
INJURY AND PROPERTY DAMAGE, Paragraph 2.
Exclusions is amended to delete exclusion c.
Liquor Liability.
This provision 17. does not apply to any person or
organization who otherwise qualifies as an
additional insured on this Coverage Part.
A. Paragraph 7. Medical Expense Limit, of
SECTION III — LIMITS OF INSURANCE is
deleted and replaced by the following:
7. Subject to Paragraph 5, above (the Each
Occurrence Limit), the Medical Expense
Limit is the most we will pay under
SECTION — I — COVERAGE C for all
medical expenses because of "bodily injury"
sustained by any one person. The Medical
Expense Limit is the greater of:
(1) $15,000; or
(2) The amount shown in the Declarations
for Medical Expense Limit.
B. Paragraph 1.a.(3)(b) of SECTION I —
COVERAGE C MEDICAL PAYMENTS, is
replaced by the following:
(b) The expenses are incurred and reported to
us within three years of the date of the
accident; and
G- 16652 -J
(Ed. 07 -12)
This paragraph B. does not apply to medical
expenses incurred in the state of Missouri.
19. NON -OWNED AIRCRAFT
Under SECTION I — COVERAGE A— BODILY
INJURY AND PROPERTY DAMAGE LIABILITY.
Paragraph 2. Exclusions is amended such that
exclusion g. Aircraft, Auto or Watercraft does not
apply to an aircraft you do not own, provided that:
1. The pilot in command holds a currently effective
certificate issued by the duly constituted
authority of the United States of America or
Canada, designating that person as a
commercial or airline transport pilot;
2. The aircraft is rented to you with a trained, paid
crew; and
3. The aircraft does not transport persons or cargo
for a charge.
r' � 1 161 1 1591 1 1 4 7 4IT / 1 I=1 093 :7 a 1 A i
Under SECTION I — COVERAGE A— BODILY
INJURY AND PROPERTY DAMAGE LIABILITY,
Paragraph 2. Exclusions is amended to delete
subparagraph (2) of exclusion g. Aircraft, Auto or
Watercraft and replace it with the following.
[This exclusion does not apply to:]
(2) A watercraft you do not own that is:
(a) Less than 75 feet long; and
(b) Not being used to carry persons or property
for a charge.
21. PRIMARY AND NON- CONTRIBUTORY TO
OTHERINSURANCE
With respect to any person or organization that is an
additional insured under this Coverage Part, the
following is added to Paragraph 4. of SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS:
If you have agreed in writing in a contract or
agreement that this insurance is primary and non-
contributory relative to an additional insured's own
insurance, then this insurance is primary and we will
not seek contribution from that other insurance. For
the purpose of this Provision 21., the additional
insured's own insurance means insurance on which
the additional insured is a Named Insured.
This Provision 21. does not apply in situations
where the endorsement on this policy affording
coverage to the additional insured specifies that this
insurance is excess over any other insurance
available to that additional insured.
22. PROPERTY DAMAGE —ELEVATORS
G- 16652 -J (Ed. 07 -12)
Page 10 of 12
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A. Under SECTION I — COVERAGE A — BODILY
INJURY AND PROPERTY DAMAGE,
Paragraph 2. Exclusions is amended such that
exclusion k. Damage to Your Product, and
subparagraph (3), (4) and (6) of exclusion J.
Damage to Property do not apply "property
damage" that results from the use of elevators.
B. With respect only to the coverage provided by
this endorsement, Condition 4. Other 26.
Insurance in SECTION IV — COMMERCIAL
GENERAL LIABILITY CONDITIONS is
amended to add the following subparagraph
b.(1)(a)(v):
4. Other Insurance
b. Excess Insurance
(1) This insurance is excess over:
(a) Any of the other insurance,
whether primary, excess,
contingent or on any other
basis:
(v) That is Property insurance
covering property of others
damaged from the use of
elevators.
23. SUPPLEMENTARY PAYMENTS
A. Under Section I — Supplementary Payments —
Coverages A and B, Paragraph 1.b., the limit of
$250 shown for the cost of bail bonds is
replaced by $5,000:
B. In Paragraph 1.d., the limit of $250 shown for
daily loss of earnings is replaced by $1,000.
24. UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
If unintentionally you should fail to disclose all
existing hazards at the inception date of your policy,
we will not deny coverage under this Coverage Part
because of such failure.
25. WAIVER OF SUBGROGATION - BLANKET
Under SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS, The Transfer Of Rights
Of Recovery Against Others To Us Condition is
amended by the addition of the following:
We waive any right of recovery we may have
against any person or organization because of
payments we make for injury or damage arising out
of:
1. Your ongoing operations; or
2. "Your work" included in the "products completed
operations hazard."
G- 18652 -J
(Ed. 07 -12)
However, this waiver applies only when you have
agreed in writing to waive such rights of recovery in
a contract or agreement, and only if the contract or
agreement:
1. Is in effect or becomes effective during the term
of this policy; and
2. Was executed prior to loss.
WRAP -UP EXTENSION: OWNER CONTROLLED
INSURANCE PROGRAM, CONTRACTOR
CONTROLLED INSURANCE PROGRAM OR
CONSOLIDATED (WRAP -UP) INSURANCE
PROGRAMS
Note: The following provision does not apply to any
public construction project in the state of Oklahoma,
nor to any construction project in the state of
Alaska, that is not permitted to be insured under a
"consolidated (wrap -up) insurance program" by
applicable state statute or regulation:
If the endorsement EXCLUSION —
CONSTRUCTION WRAP -UP or another
exclusionary endorsement pertaining to Owner
Controlled Insurance Programs (O.C.I.P.) or
Contractor Controlled Insurance Programs
(C.C.I.P.) is attached to this policy, then the
following changes apply:
A. The following wording is added to the
endorsement:
With respect to a "consolidated (wrap -up)
insurance program" project in which you are or
were involved, this exclusion does not apply to
those sums you become legally obligated to pay
as damages because of:
1. 'Bodily injury," "property damage," or
"personal or advertising injury" that occurs
during your ongoing operations at the
project, or during such operations of anyone
acting on your behalf; nor
2 'Bodily injury" or "property damage"
included within the 'products- completed
operations hazard" that arises out of those
portions of the project that are not
"residential structures."
B. SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS is amended to add the
following subparagraph 4.16.(1)(c) to Condition
4. Other Insurance:
[This insurance is excess over:]
(c) Any of the other insurance whether primary,
excess, contingent or any other basis that is
insurance available to you as a result of
your being a participant in a "consolidated
(wrap -up) insurance program," but only as
G- 18652 -J (Ed. 07 -12)
Page 11 of 12
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respects your involvement in that
"consolidated (wrap -up) insurance
program."
C. SECTION V — DEFINITIONS is amended to add
the following definition:
"Consolidated (wrap -up) insurance program"
means a construction, erection or demolition
project for which the prime contractor /project
manager or owner of the construction project
has secured general liability insurance covering
some or all of the contractors or subcontractors
involved in the project, such as an Owner
Controlled Insurance Program (O.C.I.P.) or
Contractor Controlled Insurance Program
(C.C.I.P.).
"Residential structure" means any structure
where 30% or more of the square foot area is
used or is intended to be used for human
All other terms and conditions of the Policy remain unchanged.
G- 18652 -J
(Ed. 07 -12)
residency including but not limited to single or
multifamily housing, apartments, condominiums,
townhouses, co- operatives or planned unit
developments and also includes their common
areas and /or appurtenant structures (including
pools, hot tubs, detached garages, guest
houses or any similar structures). When there is
no individual ownership of units, residential
structure does not include military housing,
college /university housing or dormitories, long
term care facilities, hotels, or motels.
Residential structure also does not include
hospitals or prisons.
This provision 26. does not apply to any person
or organization who otherwise qualifies as an
additional insured on this Coverage Part.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes
effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown
below, and expires concurrently with said Policy.
Material used with permission of ISO Properties, Inc
G- 18652 -J (Ed. 07
Page 12 of 12
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G- 140331 -D
�� Hal Hays Construction, Inc. - Policy 5095056830 - Effective 11/1/2015 (Ed. 01/13)
BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE
It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE
PART as follows:
SCHEDULE (OPTIONAL)
Name of Additional Insured Persons Or Organizations
(As required by "written contract" per Paragraph A. below.)
Locations of Covered Operations
(As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part.)
A. Section II -Who Is An Insured is amended to include as an additional insured:
1. Any person or organization whom you are required by "written contract" to add as an additional insured on
this Coverage Part; and
2. The particular person or organization, if any, scheduled above.
B. The insurance provided to the additional insured is limited as follows:
1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property
damage," or "personal and advertising injury" caused in whole or in part by:
a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of
your ongoing operations specified in the "written contract "; or
b. "Your work" that is specified in the "written contract" but only for "bodily injury" or "property damage"
included in the "products- completed operations hazard," and only if:
(1) The "written contract" requires you to provide the additional insured such coverage; and
(2) This Coverage Part provides such coverage.
2. If the "written contract" specifically requires you to provide additional insurance coverage via the 10/01 edition
of CG2010 (aka CG 20 10 10 01), or via the 10/01 edition of CG2037 (aka CG 20 37 10 01), or via the 11/85
edition of CG2010 (aka CG 20 10 11 85), then in paragraph B.1. above, the words'caused in whole or in part
by' are replaced by the words 'arising out of.
3. We will not provide the additional insured any broader coverage or any higher limit of insurance than
a. The maximum permitted by law;
b. That required by the "written contract ";
c. That described in B.I. above; or
d. That afforded to you under this policy,
whichever is less.
4. Notwithstanding anything to the contrary in Condition 4. Other Insurance (Section IV), this insurance is
excess of all other insurance available to the additional insured whether on a primary, excess, contingent or
G- 140331 -D (Ed. 01/13)
Page 1 of 2
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G- 140331 -D
(Ed. 01/13)
any other basis. But if required by the "written contract" to be primary and non - contributory, this insurance
will be primary and non - contributory relative to insurance on which the additional insured is a Named Insured.
5. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or
"personal and advertising injury" arising out of:
a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying
services, including:
(1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings and specifications; and
(2) Supervisory, inspection, architectural or engineering activities; or
b. Any premises or work for which the additional insured is specifically listed as an additional insured on
another endorsement attached to this Coverage Part.
C. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following
additional conditions applicable to the additional insured:
An additional insured under this endorsement will as soon as practicable:
(1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this
insurance, and of any claim or "suit" that does result;
(2) Except as provided in Paragraph B.4. of this endorsement, agree to make available any other insurance
the additional insured has for a loss we cover under this Coverage Part;
(3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation,
defense, or settlement of the claim or "suit" and
(4) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy
or program applies to a loss we cover under this Coverage Part. But if the "written contract" requires this
insurance to be primary and non - contributory, this provision (4) does not apply to insurance on which the
additional insured is a Named Insured.
We have no duty to defend or indemnify an additional insured under this endorsement until we receive from
the additional insured written notice of a claim or "suit."
D. Only for the purpose of the insurance provided by this endorsement, SECTION V— DEFINITIONS is amended to
add the following definition:
"Written contract" means a written contract or written agreement that requires you to make a person or
organization an additional insured on this Coverage Part, provided the contract or agreement:
1. Is currently in effect or becomes effective during the term of this policy; and
2. Was executed prior to:
a. The "bodily injury" or "property damage "; or
b. The offense that caused the "personal and advertising injury,"
for which the additional insured seeks coverage under this Coverage Part.
All other terms and conditions of the Policy remain unchanged.
Material used with permission of ISO Properties, Inc.
G- 140331 -D (Ed. 01/13)
Page 2 of 2
Copyright, CNA All Rights Reserved.
ACI Rp® CERTIFICATE OF LIABILITY INSURANCE
GATE (MMIDOIYYYY)
03/14/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Millennium Corporate Solutions
License # OC13480
5530 Trabuco Road
Irvine CA 92620
CONTACT Annette Chawki - Bechara
NAME:
PRCN o t • (949) 857 -4500 F A X NO: (949 ) e57 -4800
E -MAIL
ADDRESS: annette @mcs
INSURERS AFFORDING COVERAGE
NAIC p
INSURERA:California Insurance Company
38865
INSURED
Spectrum Management Services a Division
of Hal Hays Construction, Inc. 4181
Latham Street
Riverside CA 92501
INSURER B:
COMMERCIAL GENERAL LIABILITY
INSURERC:
INSURER D:
INSURER E:
EACH OCCURRENCE
1 INSURER F:
COVERAGES CERTIFICATE NUMBER:15 -16 WC Only REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
R
I TYPE OF INSURANCE
imgn
wvn
POLICY NUMBER
MMID
MMIDD EXP
LIMITS
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$
CLAIMS -MADE OCCUR
DAMAGE TO RENTED
PREMISES Ea occune ce
$
MED EXP (Anyone person)
$
PERSONAL &ADV INJURY
$
GEN'L AGGREGATE LIMIT APPLI ES PER:
GENERAL AGGREGATE
$
POLICY D PRO- ❑
ECT LOC
PRODUCTS - COMP /OP ADD
$
$
OTHER:
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
Ea accident
$
BODILY INJURY(Perperson)
$
ANYAUTO
BODILY INJURY (Par accident)
$
ALLOWNED r I SCHEDULED
AUTOS NON -OWNED
HIRED AUTOS AUTOS
PROPERTY DAMAGE
PeracGdent
$
UMBRELLA LIAR
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LIAR
CLAIMS -MADE
DEL) RETENTIONS
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOWPARTNER/EXECUTIVE YIN
X OTH-
STATUTE ER
E.L. EACH ACCIDENT
$ 1,000,000
A
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH)
/A
73- 228121 -01 -03
11/1/2015
11/1/2016
E.L. DISEASE -EA EMPLOYE
$ 1 000 000
E.L. DISEASE - POLICY LIMIT
I $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required)
Re: All operations of the named insured for the certificate holder
City of Rosemead, its officials, employees and agents, where required by written contract, are named
additional insured with primary wording and waiver of subrogation as respects Workers Compensation per
the attached endorsements.
City of Rosemead
PO Box 399
Rosemead, CA 91770
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Chawki - Bechara /JANI
ACORD 25 (2014101)
INS025 oouol)
U 1988 -2014 ACOHU COKPL)KAI HUN. Ali rlgnts reservea.
The ACORD name and logo are registered marks of ACORD
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 01 03 03
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our
right against the person or orrgganization named In the Schedule, but this waiver applies only with respect to bodily Injury
arising out of the operations described In the Schedule where you are required by a written contract to obtain this waiver
irom us.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
The premium for this endorsement Is shown In the Schedule.
Schedule
1. () Specific Waiver
Name of person or organization:
(x) Slanket Waiver
Airy person or organization for whom the Named Insured has agreed by written contract to fumlah thle waiver.
2. Operations:
S. Premium 2560
The premium charge for this endorsement shall be of the premium developed on payroll In connection with work
performed for the above pereon(a) or orgaNzation(a) arising out of the operations described.
4. Minimum Premium
5, AdvaneePremfum
This endorsawntchanges the paltry to which It Is attached and is egeotive on the date laaued unless otherwlse stated,
Endoreement EffGoWs 11/01/2015 Policy No, 73- 228121 -01 -03 Endoreement No. 14
Inured Aal Bays Canatxootion, Ina. Premium$ 2,500.00
Insurance C mpany California Inauraaae Coapany Countersignad by ^-