HomeMy WebLinkAboutX ENGINEERING & CONSULTING, INC.INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
ITT
CITY CLERK
DATE:
A-2023-088-10
CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
e:iPWk1 l�\�A�i X ENGINEERING & CONSULTING, INC. FOR ON -CALL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into on this 16th day of May, 2023 by and between X
Engineering & Consulting, Inc. ("Consultant"), and the City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of
California ("City").
cv
" RECITALS
e�
A. On February 21, 2023 the City issued a Request for Proposal No. 23-030, by which it
desired to retain a Consultant having special skill and knowledge in the field of:
Professional Engineering Services on an on -call basis for the City's Public Works Agency.
B. Consultant submitted a responsive proposal that was among those selected by the city.
Consultant represents that it is able and willing to provide such services described in the
scope of work that was included in the RFP No. 23-030.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform the services that were described in the scope of work included in
the RFP No. 23-030, during the tern of this Agreement, the tasks and obligations including all
labor, materials, tools, equipment, and incidental customary work required to fully and adequately
complete the services described and set forth in "Scope of Services - Exhibit A", attached hereto
and incorporated by reference, and as further described in Consultant's Proposal, attached hereto
an incorporated herein by this reference as "Consultant's Proposal - Exhibit B".
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Consultant's Fee
Proposal, which is attached hereto and fully incorporated herein by this reference as
"Compensation - Exhibit C". Consultant is one of fifteen (15) separate consultants
selected to provide services on an on -call basis under RFP 23-030. The total
compensation for services provided by all consultants selected under RFP 23-030 shall
not exceed the shared aggregate amount of $3,000,000.00 during the term of this
Agreement, including any extension periods, as set forth in Section 3, below.
Page 1 of 10
b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment
need not be made for work which fails to meet the standards of performance set forth
in the Recitals which may reasonably be expected by City.
c. Notwithstanding any contrary terms contained within Consultant's Fee Proposal,
Consultant's fees shall not exceed 3% annually over the term of this Agreement,
including any extension periods, unless directly affected by Prevailing Wage laws.
3. TERM
This Agreement shall commence on May 16, 2023 and end on May 15, 2026, with the
option for the City to grant up to a one, two-year extension, exercisable by a writing by the City
Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent Consultant and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with and limited to that degree of
care and skill ordinarily exercised by members of the same profession currently practicing under
similar circumstances at the same time and in the same or similar locality ("Standard of Care"),
and in accordance with such Standard of Care, all applicable standards and regulations governing
such services. Consultant shall pay all salaries and wages, employer's social security taxes,
unemployment insurance and similar taxes relating to employees and shall be responsible for all
applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
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 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.
Page 2 of 10
6. INSURANCE
Consultant shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in connection with
the performance of the work hereunder and the results of that work by the Consultant, its agents,
representatives, employees or subcontractors.
a. Consultant shall not commence work for the City until it has provided evidence
satisfactory to the City that it has secured all insurance required under this Section. In
addition, Consultant shall not allow any subconsultant a commence work on any
subcontract until it has secured all insurance required under this Section.
b. Insurance coverage shall beat least as broad as:
(i) Commercial General Liability (CGL): Insurance Services Office
Form CG 00 01 covering CGL on an "occurrence" basis, including
products and completed operations, property damage, bodily injury and
personal & advertising injury with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general
aggregate limit shall apply separately to this project/location (ISO CG
25 03 or 25 04) or the general aggregate limit shall be twice the required
occurrence limit.
(ii) Automobile Liability: Insurance Services Office Form Number CA
0001 covering, Code 1 (any auto), or if Consultant has no owned autos,
Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000
per accident for bodily injury and property damage.
(iii) Workers' Compensation insurance as required by the State of
California, with Statutory Limits, and Employer's Liability Insurance
with limit of no less than $1,000,000 per accident for bodily injury or
disease.
(iv) Professional Liability (Errors and Omissions) Insurance
appropriates to the Consultant's profession, with limit no less than
$2,000,000 per occurrence or claim, $2,000,000 aggregate.
(v) If the Consultant maintains broader coverage and/or higher limits
than the minimums shown above, the City requires and shall be entitled
to the broader coverage and/or the higher limits maintained by the
Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
d. Other Insurance Provisions. The insurance policies are to contain, or be endorsed
to contain, the following provisions:
Page 3 of 10
(i) Additional Insured Status. The City, its officers, officials, employees,
and volunteers are to be covered as additional insureds on the CGL
policy with respect to liability arising out of work or operations
performed by or on behalf of the Consultant including materials, parts,
or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an
endorsement to the Consultant's insurance (at least as broad as ISO
Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG
20 38; and CG 20 37 forms if later revisions used).
(ii) Primary Coverage. For any claims related to this contract, the
Consultant's insurance coverage shall be primary insurance primary
coverage at least as broad as ISO CG 20 0104 13 as respects the City,
its officers, officials, employees, and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, employees, or
volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
(iii)Notice of Cancellation. Each insurance policy required above shall
state that coverage shall not be canceled, except with notice to the City.
(iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of
any right to subrogation which any insurer of said Consultant may
acquire against the City by virtue of the payment of any loss under such
insurance. Consultant agrees to obtain any endorsement that may be
necessary to affect this waiver of subrogation, but this provision applies
regardless of whether or not the City has received a waiver of
subrogation endorsement from the insurer.
(v) Self -Insured Retentions. Self -insured retentions must be declared to
and approved by the City. The City may require the Consultant to
purchase coverage with a lower retention or provide proof of ability to
pay losses and related investigations, claim administration, and defense
expenses within the retention. The policy language shall provide, or be
endorsed to provide, that the self -insured retention may be satisfied by
either the named insured or City.
(vi)Acceptability of Insurers. Insurance is to be placed with insurers
authorized to conduct business in the state with a current A.M. Best's
rating of no less than A: VII, unless otherwise acceptable to the City.
(vii) Claims Made Policies. If any of the required policies provide
coverage on a claims -made basis:
• The Retroactive Date must be shown and must be before the date of
the contract or the beginning of contract work.
Page 4 of 10
Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract
of work.
• If coverage is canceled or non -renewed, and not replaced with
another claims -made policy form with a Retroactive Date prior to
the contract effective date, the Consultant must purchase "extended
reporting" coverage for a minimum of five (5) years after
completion of contract work.
t
(viii) Verification of Coverage. Consultant shall furnish the City with
original Certificates of Insurance including all required amendatory
endorsements (or copies of the applicable policy language effecting
coverage required by this clause) and a copy of the Declarations and
Endorsement Page of the CGL policy listing all policy endorsements to
City before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant's
obligation to provide them. The City reserves the right to require
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
(ix)Subcontractors. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors.
(x) Special Risks or Circumstances. City reserves the right to modify
these requirements, including limits, based on the nature of the risk,
prior experience, insurer, coverage, or other special circumstances.
INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. City may make
all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding
the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the
above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims
Page 5 of 10
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
Page 6 of 10
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. hi
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultant and/or contractors retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate. However, the City shall not be allowed to use such work product(s)
until the City has made payment for all undisputed amounts owing to Consultant,
unless the amount in dispute is the result of work which failed to meet the standard
of performance specified in the Recitals of this Agreement.
Page 7 of 10
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Jennifer L. Hall
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
Page 8 of 10
With courtesy copies to:
Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-xx)
P.O. Box 1988
Santa Ana, California 92702
Fax:
59'
To Consultant:
Puneet Comar
Founder & President
X Engineering & Consulting, Inc.
6 Hutton Centre Drive, Suite 650
Santa Ana, CA 92707
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
[signatures on following page]
Page 9 of 10
SIGNATURE PAGE FOR CONSULTANT AGREEMENT BETWEEN
CITY OF SANTA ANA AND X ENGINEERING & CONSULTING, INC. FOR ON -CALL
ENGINEERING SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
NATHAN T. MA INEZ
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
-v J w
ABIL SABA
Executive Director
Public Works Agency
CITY OF SA T:AANA
KRISTINE RIDGE
City Manager
CONSULTANT:
PUNEET COMAR
Founder & President
Page 10 of 10
EXHIBIT A
SCOPE OF SERVICES
Appendix
ATTACHMENT
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON -CALL ENGINEERING SERVICES
RFP NO.23-030
INTRODUCTIONBACKGROUND
The City of Santa Ana intends to retain Civil Engineering Consultants on an as -needed or
"on -call" basis. A Professional Services Agreement will be entered into with several of the
qualified firms Civil Engineering consultant(s) to provide professional services for a variety of
projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may later be
asked to provide professional engineering services proposals on specific, project -by -project basis,
based on an agreed -upon specific scope of services and fees.
In general, work consists of general engineering design projects. Funding sources for each
project may vary for each project/task order assignment shall comply with the funding agency's
requirements. The projects may include water and sewer infrastructure design and rehabilitation
improvements, storni drain improvements; sidewalks, bike paths, curb and gutter replacement;
slurry seal of residential streets; repair and overlay of asphalt concrete and/or PCC streets;
signing, striping, neighborhood traffic studies, traffic signal modifications; landscaping and
irrigation systems; park and recreational design, grant application writing, and other related
projects as required. On occasion, environmental and planning support services may also be
requested. The City may need consultant services for mapping and legal description preparation,
construction management, staking and inspection. Occasionally the City may also need
geotechnical, electrical, mechanical, structural, and other specific infrastructure related services.
The consultant shall be able to assist the City through this contract to provide the necessary
services. The consultant shall utilize in-house staff and/or sub -consultants to complete the
assignments to meet the City standards. For specialized work for which the prime consultant
shall require a sub -consultant, the prime consultant shall serve as an administrative liaison
between the City and the sub -consultant.
Prime consultant mark-ups for sub -consultant work will not be allowed.
All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will
be subject to the final approval and satisfaction of the City of Santa Ana.
City of Santa Ana RFP 23-030
Page A1.1
Scope of Services
The work consists of general engineering design and cost estimating for civil works projects,
City facilities, Parks and other related projects as required.
The work in general, consists of work in the following areas and not limited to:
• Civil -Design
• Transportation/Traffic
• Structural
• Geotechnical
- Land Surveying
• Architectural
- Landscape Architectural and Irrigation
- Environmental
• Electrical
- Mechanical
- Instrumentation and Control Systems
- Fire Protection
• Land Surveying
- Financial and Economic Consulting Engineering
In addition to general engineering design projects Consultants may be asked to perform the
following tasks:
• Hydraulic modeling of the water distribution, storm water, and sewer collection systems
• Evaluations, studies and recommendations related to water wells, reservoirs,
water treatment systems, disinfection systems, pressure control systems, and sewage
lift stations,
• Electrical and industrial control systems evaluations, studies, drawings,
documentation and recommendations
• Mapping Services
• Legal Description Preparations
• GrantWriting- Services
• Environmental/Planning Support
• Construction Management Support
• Pavement Management
• Special Engineering Studies/Reports/Compliance and Investigations
• Regulatory Compliance with Federal and State and Local Agencies
• Financial/cash flow analysis- public works programs
• Assessment and District Formation Services
• Sustainable Infrastructure Services
• Right of Way Studies
If there are any exceptions to the core of requested services, proposers shall list said exceptions
in their proposal (matrix form).
City of Santa Ana RFP 23-030
Page Al-2
For specialized work for which the prime consultant shall require a sub -consultant, the prime
consultant shall serve as an administrative liaison between the City and the sub -consultant.
The selected consultants must have the expertise, experience, and demonstrated resources
available to perform the work described in this RFP.
General Reuuirements and Proiect Deliverables
The Consultant's set -vices for plans specifications and estimating (PS&E) for engineering
project preparation and special studies/investigations shall include and in be in conformance
with the latest editions of the following: Title 24 of the California Code of Regulations (California
Building Standards Code). American Water Works Association, California Department of
Transportation, the Americans with Disabilities Act, the City of Santa Ana Municipal Code
(SAMC), professional Standards established by the City, and or federal, state and local guidelines
established in the project.
As part of the preparation of the PS&E, the consultant shall prepare the special provisions
pertaining to the items of work included in the plans that are not addressed on the latest editions
of the applicable standards.
The Consultant shall have complete responsibility for the accuracy and completeness of all
documents and plans prepared. The plans will be reviewed by the City of Santa Ana for
conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do
NOT include detailed review or checking of design or the accuracy with which such designs are
depicted in the documents and the plans. The documents and plans furnished under the
Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance
shall be a product of neat appearance, well organized, technically and grammatically correct,
checked, and dated and having the maker and checker identified.
The Consultant shall have project management control procedures in effect during the entire
time work is being performed under the Agreement. This task shall include the following:
Project Management Plan — the consultant shall provide a detailed management plan
including information and coordination with other agencies to ensure compliance and
completion of the (PS&E) packages. This plan shall include all milestones and task
breakdown for each of the tasks and subtasks included therein. The project
management shall be submitted to the Project Manager for review and within 15
calendar days of the issued Notice to Proceed
• Deliverables
• Quality Control/Quality Assurance (QA/QC) Plan
• Project Schedule/Invoicing
• Project Correspondence
In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant shall submit
the matter to the City for clarification.
City of Santa Ana RFP 23-030
Page Al-3
The Consultant shall perform engineering design services resulting in contract documents
(plans, specifications and cost estimates "PS&E") for various projects on an as -needed basis.
However, work tasks may include studies or a variety of engineering tasks. If requested by
the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the
assigned project prior to the issuance of Notice to Proceed and/or Task Order. Specific Task
Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of
the City. Work required per Task Order shall comply with the Scope of Set -vices and
additional provisions in each Task Order and this agreement.
The following services/items shall include, but are not be limited to:
Research existing records of utility companies and agencies and coordinate the proposed
improvements with existing field conditions,
2. Conduct an environmental assessment for each project and prepare all documentation
required to comply with California Environmental Quality Act (CEQA), and or National
Environmental Protection Act (NEPA). (If required)
3. Provide all field survey and topographic work necessary to complete the design effort.
Design level survey and base mapping of the project site shall be prepared in US Customary
English units by a California licensed Land Surveyor in accordance with the City guidelines
and in Microstation V8i Computer Aided Design and Drafting (CADD) format. The
horizontal datum shall be NAD 83 and the vertical datum shall be NAVD 88. All survey
field notes shall be on forms provided by the City, shall be neatly completed in pencil, and
shall become property of the City upon completion of the project. Informal field
investigations including marking of removal areas may be required for some of the sidewalk,
curb and gutter, and pavement replacement projects.
4. Complete the design of projects including plans, specifications, and engineer's construction
cost estimate. The Consultant shall contact manufacturers and/or contractors to verify the
engineer's estimate prior to submitting to the City. Specifications shall be prepared in
Microsoft Word and an electronic copy of the final version shall be furnished to the City.
The City will provide the specification boilerplate to the Consultant.
S. If requested, all preliminary and bid sets of plans shall be plotted on bond or velum paper
using Microstation V8i CADD software program. All drawings shall be completed per the
City of Santa Ana CADD Standards and any special provisions thereof. For interim
submittals, the City may opt to receive only PDF versions of the plans for reviewing purposes.
If so, the Consultant team will provide plans and/or specifications accordingly.
6. All original plan sheets, the title sheet of the specifications, calculations, and reports shall be
signed and stamped by the Consultant's licensed professional engineer responsible/in-charge
of the project.
City of Santa Ana RPP 23-030
Page Al-4
7. If a part of the on -call project scope, the Consultant shall provide support services dining the
bidding and construction phases of the project, including, but not limited to:
a. Respond to bidder inquiries during the bidding process, including preparation of any
addenda. Following award of the construction contract, the Consultant shall attend
the pre -constriction meeting.
b. Review and approve all submittals and shop plan drawings required supporting the
construction contract. The Consultant shall complete shop drawings reviews within two
(2) weeks of receipt. Contract Change Order reviews shall be completed within two
(2) working days of receipt.
c. Respond to written Requests for Information (RFI) to provide clarification or resolve
discrepancies in the contract documents. Responses shall be completed within three
(3) wonting days.
d. Provide periodic field reviews and bring to the attention of the City of Santa Ana
any defects or deficiencies in the work by the construction contractor which the
Consultant may observe. The Consultant shall have no authority to issue instruction on
behalf of the City of Santa Ana, or to deputize another to do so.
8. If included in the on -call project scope, upon completion of construction, the Consultant shall
prepare as -built plans and submit them to the City. The Consultant shall incorporate all
changes to the plans electronically with all necessary revision notations. Once plans have
been updated, a signed set of as -built plans shall be submitted to the City with an electronic
copy (in Microstation V8i CADD and pdf formats) of the final as -built drawings via CD ore -
mail.
9. The Consultant shall monitor the project progress, maintain project files, and control the
quality of the work performed by in-house staff and/or sub -consultants. Incomplete (not
meeting targeted completion) or poor quality work will not be accepted. The Consultant
shall revise the documents within a revised schedule set by the City, which may require
overtime. No additional compensation necessary for the consultant to complete this work to
the satisfaction of the City shall be approved by the City for the required revisions. It is the
responsibility of the Consultant to produce a professional -level quality of work product.
10. If included in the on -call project scope, attend meetings with the City staff as required.
11. If included in the on -call project scope, the Consultant shall coordinate plan check, design
topics, permits and any other issues with the City, other Agencies, and all utility companies
as required. At the direction of the City, the Consultant shall be the liaison with affected
agencies.
12. If included in the on -call project scope, the Consultant shall be responsible for reviewing and
approving addenda and clarifications to plans and specifications.
All information regarding the plans and specifications and or documentation related to the
project and approved by the City, will then become property of the City.
City of Santa Ana RFP 23-030
Page Al-5
A more detailed scope of work will be provided when/if a specific project or Task Order
proposal is requested of a consultant. All tasks orders shall include the staff title, hours, hourly
rate and totals as related to the project.
Construction Plans, Standard Specifications and Estimate (PS&E)
Preliminary Design - Attend project scope meeting with City Staff to review project details.
Consultant shall field review, inspect and conduct all necessary surveys to prepare a Preliminary
Design Report (PDR) or alternatives, preliminary cost estimate and preferred alternative as
requested by the project manager. L '.1
A (PS&E) package shall be submitted to review at 30% design for independent City review.
A (PS&E) package shall be submitted to review at 60% design for independent City review.
A (PS&E) package shall be submitted to review at for FINAL independent design review.
The City will review and comment on the PS&E packages with a turnaround goal of (2) weeks.
One (1) copy of the documents with comments will be returned to the consultant. Unless, several
agencies are involved in the review process multiple documents with comments will be provided
to the consultant.
After the final design continents have been incorporated the consultant shall provide the City
with final (PS&E) package ready forbid. See Section - General Requirements and Project
Deliverables Section.
ProlectSchedule and Progress:
Progress review meetings shall be held at intervals deemed appropriate by the City. The
Consultant shall fiunish two copies of all completed work or partially completed update/status
since the last progress review meeting. Progress reports shall be submitted monthly in electronic
format indicating achievements and project schedule progress.
CLtX Responsibilities:
The City will provide information in its possession relevant to the preparation of the required
information in the REP. The City will provide only the staff assistance and the documentation
specifically in referred to herein.
Furnish scope of work and provide general direction as needed for the assigned project
All plan check coordination within the City
Advertise, award, and administer of construction contract
Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards)
• Electronic files for title sheets and sheet borders
• Facilitate meeting space and coordination and City facilities
City of Santa Ana RFP 23-030
Page Al-6
Fee ProWal:
In addition to Section IV.13.3 (Submittal Requirements: Fee Proposal) fee schedule shall be
structured as follows:
The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee
schedule where applicable and as outlined in this this documents. A list of all positions and
hourly rates required to perform the services described herein shall remain valid for one (1) Rill
calendar year following contract execution. Subsequent rates shall be renegotiated between
the firm and the City. Amore detailed scope of work will be provided when/ifa specific project
or Task Order proposal is requested of a consultant.
Other Terms and Conditions:
1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as
Prevailing Wages and State/Federal Requirements.
2. The City regards the inclusion of California based designs, engineering, and construction
professionals, facilities, and services as part of the Team to be highly desirable, but not
mandatory.
3. The City reserves the right to amend this Request for Proposal by addendum prior to the final
dates of submission.
4, All reports, proposals, or other data or materials which are submitted shall become the sole
property of the City of Santa Ana with the exception of the confidential Financial Capacity
information and sealed fee proposals which will be returned to all proposers after award of
contract to the selected Team
5. All products used or developed in the execution of any contract resulting from this request
will remain in the public domain at the completion of this project.
6. The City has an affirmative action program. The purpose of the affirmative action program is
to encourage certified minority business enterprises and women business enterprises. All
submitting firms must have established affirmative action programs approvable by the City.
During the RFP stage, all firms will need to complete a "Certification of Non -Discrimination
by Contractors" for each firm on their team.
City of Santa Ana RFP 23-030
Page Al-7
EXHIBIT B
CONSULTANT'S PROPOSAL
STATEMENT OF QUALIFICATIONS
RFP #23-030
CITY OF SANTA ANA
MARCH 14, 2023
X ENGINEERING &CONSULTING, INC.
6 Hutton Centre Drive, Suite 650
x
Santa Ana, California 92707
949.522.7100 I xengineeringinc.com
a. Cover Letter I STATEMENT OF QUALIFICATIONS I SECTION 1
COVER LETTER
March 14, 2023
City of Santa Ana Public Works Agency
20 Civic Center Plaza, M-36
Santa Ana, CA 92701
RE: STATEMENT OF QUALIFICATIONS FOR 04-CALL ENGINEERING SERVICES (RFP #23-030)
To whom it may concern:
X Engineering & Consulting, Inc. has prepared this Statement of Qualifications to become an approved vendor
with the City of Santa Ana (City) Public Works Agency (Agency).
X Engineering & Consulting, Inc. is a civil engineering firm based in Santa Ana, CA, with a technical focus on
infrastructure and land development projects for public agencies and municipalities as well as private entities.
We implement thoughtful, creative, technically sound and environmentally sensitive designs to create enduring
products that meet our clients' goals and make positive contributions to our community.
In 2018, X Engineering opened for business and currently maintains a strong financial position with no
outstanding or pending judgments. Our portfolio includes public improvement, master plan communities,
multifamily residential, mixed -use and hospitality projects in Orange, San Diego, Riverside, San Bernardino
and Los Angeles Counties. Our services include, but are not limited to, infrastructure design, grading and
drainage, entitlements and CEQA support, roadway improvements, wet utility design, survey and mapping and
storm water management. In addition to the aforementioned services, we provide compliance consulting for
industrial facilities pursuant to the National Pollutant Discharge Elimination System, Clean Water Act, and other
federal, state and local regulations.
Our Geomatics practice, led by Director of Geomatics Gerald "Jerry" Anderson, LS, brings decades of
experience with public agencies within Orange County on completed public improvement projects, supporting
the County's real property service needs, right -of -entry access, and easement documentation.
Founder and Principal Puneet Comar, PE, QSD, is a registered civil engineer in the State of California. Mr.
Comar holds a Bachelor of Science in Civil and Environmental Engineering and has over 20 years of civil
engineering and consulting experience within the southern California region. He will serve as Principal in
Charge and the main Point of Contact for all civil engineering services provided to the City, as well as the
holder of legal authority to bind the company. We have prepared this Statement of Qualifications to provide you
with an overview of our company and acquaint you with our general qualifications and specialized expertise
related to the City's current and future needs.
Sincerely,
X Engineering & Consulting, Inc.
c o
Puneet Comar, PE, QSD
Founder and President
949.522.7100
puneet.comar@xengineeringinc.com
X ENGINEERING & CONSULTING, INC. 1
Table of Contents
Table of Contents
1 SECTION 1 I STATEMENT OF QUALIFICATIONS
a. Cover Letter
b/e. Contract Agreement Statement/Willingness to Comply with Agreement Terms
c. Finn and Team Experience
d. Understanding of Need
f. References
20 SECTION 2 1 SCOPE OF SERVICES AND SCHEDULE
21 SECTION 3 1 FEE PROPOSAL
22 SECTION 41 CERTIFICATIONS
• Attachment 3-1: Non -Collusion Affidavit
• Attachment 3-2: Non -Lobbying Certification
• Attachment 3-3: Non -Discrimination Certification
27 APPENDIX
• Resumes
ble. Contract Agreement Statement/Willingness to... I STATEMENT OF QUALIFICATIONS I SECTION 1
CONTRACT AGREEMENT STATEMENT /
WILLINGNESS TO COMPLY WITH AGREEMENT TERMS
X Engineering & Consulting, Inc. understands that the firm(s) contracted with the City via this Request for
Proposal #23-030 shall be retained on the basis of having special skill and knowledge in the fields of civil
design, transportation/traffic, structural engineering, geotechnical engineering, land surveying, architecture,
irrigation, environmental engineering, electrical engineering, and mechanical engineering.
We acknowledge that we are skilled anUT knowledgeable in our field and that any services we perform under
this Agreement will be performed in compliance with such standards as may reasonably be expected from a
professional consulting firm in this field. We are able and willing to perform such services, tasks and obligations
(including all labor, materials, tools, equipment, and incidental customary work) required to fully and adequately
fulfill the terms of this Agreement with the City.
X ENGINEERING & CONSULTING, INC. 3
c. Firm and Team Experience I STATEMENT OF QUALIFICATIONS I SECTION 1
FIRM AND TEAM EXPERIENCE
X Engineering & Consulting, Inc. (XEC) is
a civil engineering firm of 30 devoted team
members based in Santa Ana, CA, focused on
land development and infrastructure projects
for public agencies and municipalities as well
as private entities. We implement thoughtful,
technically sound and environmeAfally
sensitive designs to create enduring products
that meet our clients' goals and make positive
contributions to our community.
Principal Puneet Comar, PE, QSD, and
Senior Project Manager Eric Lissner, PE,
the founders of X Engineering, envisioned
a practice that values collaboration,
professionalism, innovation, experience and
integrity. We believe that when a diverse team with fresh perspectives works together in an environment that is
both challenging and rewarding, exceptional results are achieved.
In 2018, X Engineering opened for business. Our growing portfolio includes public improvements, survey and
mapping services, storm water management, master plan communities, mixed -use, and hospitality projects
throughout southern California. Additionally, we provide compliance consulting services for industrial facilities
pursuant to the National Pollutant Discharge Elimination System, Clean Water Act, and other federal, state and
local regulations.
X represents the intersection of civil engineering, land development, client experience, and professional
fulfillment. Together, these form the foundation for the work we do.
See following page for organization chart. To view key personnel resumes, refer to Appendix.
Key Personnel
• Paul Hacunda, PE, QSD, Senioi
Engineering Manager
• Tony Perez, Senior Engineer
• Christopher Shyy, PE, Project E
• Selwyn Harsono, PE, Project Er
• Travis Hicks, EIT, QISP, Storm Water
Manager
Associates in Charge
Eric Lissner, PE, Senior Project Manager
Bryan Redsun, PE, QSD, Project Manager
Suleen Lao, PE, Project Manager
Gerald Anderson, LS, Director of Geomatics
Firm Size
5 Project 03 ol Technical /� Admin
Managers Staff T Staff
X ENGINEERING & CONSULTING, INC. 4
SECTION 11 STATEMENT OF QUALIFICATIONS I c. Firm and Team Experience
Organization Chart
X Engineering & Consulting (XEC)'s leadership is comprised of trusted advisors whose technical expertise
and open-door accessibility ensure the professional excellence of the entire team and the value provided to
our clients. We are members of the American Society of Civil Engineers, Urban Land Institute, Building
Industry Organization of Southern California, and California Storm Water Quality Association. Below is
our select team of qualified professionals to support the City of Santa Ana's engineering service needs. Each
team member's name, title, and percentage of time devoted to a given project by the City are listed below.
SANTA ANA
Primary Contact
PUNEET COMAR, PE, QSD
PROJECT MANAGER / PRINCIPAL AGENT
10-15%
F ERIC LISSNER, PE
SENIOR PROJECT MANAGER
40%
PAUL HACUNDA, QSD
�
SENIOR ENGINEERING MANAGER
25%
TONY PEREZ
SENIOR ENGINEER
25%
SELWYNHARSONO, PE
A
PROJECT ENGINEER
20%
GERALD ANDERSON, LS
DIRECTOR OF GEOMATICS
30%
JASON ANDERSON
�1 CHIEF OF PARTIES
25%
JON COCKRIEL
MAPPING TECHNICIAN
F. 20%
5 X ENGINEERING & CONSULTING, INC.
STORM ATE LIM, PE,ENGINEER
PHD
STORM WATER ENGINEER
40%
TRAVIS HICKS, EIT, QISP
STORM WATER MANAGER
25%
CHRISTOPHER SITYY, PE
PROJECT ENGINEER
25%
DAMES LORD
CAD /BIM MANAGER
25%
d. Understanding of Need I STATEMENT OF QUALIFICATIONS I SECTION t
UNDERSTANDING OF NEED
Approach
Our approach here at X Engineering &
Consulting, Inc. (XEC) is to always do what
is best for the project while maintaining the
highest level of design quality and service
for the City and the surrounding community.
Understanding how the project will be
constructed as well as how the post -
project condition will be experienced by
the end user and contribute to the local
community is a critical component to our
approach on each project. Once we have
understood the ultimate goals and objectives
of the City for each project, we can leverage
past experiences and expertise to develop
a Project Management Plan (PMP). As a
trusted partner to the City, our role will be to present our Project Management Plan to the City for approval and
then implement the plan to completion. See diagram following this section.
Since our establishment, XEC has continued to refine our process for the life cycle of each project to ensure
the journey is as harmonious as possible from start to finish for the City, ourselves, and the various project
consultants.
The project deliverables as defined in the scope of services for each project will be presented to the city at
30%, 60%, & 90% completion. Comments and input from the City will be discussed and integrated into the
design at each stage. The PMP will also be updated as applicable upon receiving comments at the 90% stage,
ensuring the final modifications are completed and
delivered to the City in an organized fashion.
XEC shall perform an internal Quality Assurance/
Quality Control (QA/QC) review at each
deliverable stage as shown in the Implementation
phase of the PMP. The review will be performed
by Senior Engineering Manager Paul Hacunda,
PE, QSD, who brings over 40 years of experience
in both public and private sector projects. Items
identified in the QA/QC process that need City
input will be provided to the City in technical
documents with supporting exhibits to allow the
City to respond in a timely and concise manner.
(continued on following page)
X ENGINEERING & CONSULTING, INC. 6
SECTION 11 STATEMENT OF QUALIFICATIONS I d. Understanding of Need
(continued from previous page)
An initial project scheduling will be prepared at the Project Understanding phase of the PIMP and presented
to the City for review and input. XEC uses Microsoft Project for preparing schedules. This software, coupled
with our weekly workload meetings, will allow XEC to allocate adequate staff to keep to the project on
schedule. Any design changes or project impacts that may result in a deviation from the schedule shall be
brought to the City immediately. In the event of a project falling behind the agreed upon schedule, XEC will
utilize additional staffing and resources, including nights and weekends when needed, to redirect the project
back on schedule.
XEC also utilizes Deltek Ajera to manage project budgets, project accounting and invoicing. The dedicated
Project Manager will have access to real-time budget information on each project, which can be provided to
the City upon request. This sophisticated software allows XEC to track and ensure each project stays within
budget.
File management is essential to the success and accuracy of communication and interaction with each
member of the team. XEC maintains standards and consistency for projects as they relates to file naming
conventions, organization, and documentation. This also includes our CAD standards, which contain our
drafting and layering standards, Civil 3D design standards, plotting standards, and quality control criteria.
XEC uses Newforma for email and data filing as well as for file transfers. With Newforma, all project
correspondence is automatically saved within the project folder for easy access if ever requested of by the
City.
XEC has developed a reputation as a boutique engineering firm, known for providing exceptional
client service and experience in addition to the quality of work we deliver. This philosophy is taught and
practiced throughout the company at every level. Each team member at the company is expected to treat
their respective supervisor as their client. Managing Principal and President of the company Puneet Comer is
available 24 hours a day for XEC clients and XEC staff.
Q] Deltek.
*' NEWFORMA
AUTODESK
AUTOCAU CIVIL 3D"
7 X ENGINEERING & CONSULTING, INC.
d. Understanding of Need I STATEMENT OF QUALIFICATIONS I SECTION 1
Project Management Plan (PMP)
1. Goals
2. Design constraints
3. Schedule
4. Budget
5. Team
6. Stakeholders
7. Challe,iges
a
U L1 dexs#andi
1. Host Kick -Off Meeting
2. Delegate responsibility
3. Define/Clarify deliverables
4. Obtain "buy -in" from team
5. Confirm schedule
6. Perform work
7. Check in regularly
8. QA / QC
9. Project deliverable
1. Define scope
2. Assemble team
3. Sequence events
4. Prepare schedule
5. Estimate cost
6. Present to City
1. Final documents
2. Updated costing
3. Construction sequencing
4. Construction administration
1. Project closeout / debrief
2. As -Built Plans
3. Maintenance review
4. Community input
The above Project Management Plan (PMP) details our step-by-step process at every phase of a project's life
cycle. Once we have understood how the project will be constructed and how its post -project condition will be
experienced by the end user and contribute to the local community, we gain a better grasp of the City's goals
and objectives and tailor the below plan to the project. We ensure that these steps are kept on every project,
for every client, by every team member as an XEC standard.
X ENGINEERING & CONSULTING, INC. 8
SECTION 1 1 STATEMENT OF QUALIFICATIONS I d. Understanding of Need
Tasks Necessary for Completion
At X Engineering & Consulting, Inc., we work closely with our client to achieve client and project goals. We will
work with City of Santa Ana's Public Works Agency to establish relationships with relevant staff and provide
project budget, schedule, and technical documents.
X Engineering's approach and capabilities highlighted below have helped meet client needs and resulted in
well -executed project delivery.
• Work with client and stakeholders to establish project goals
• Project Management Plan
• Proactive project communication
• Develop project budget based on project goals
• Expert public improvement technical abilities
• Quality control procedure
• Prepare quantity estimate
• Milestone project delivery
Deliverables
XEC has valuable experience preparing plans, specifications, and estimates for various Cities, Counties,
and related agencies which includes providing conformance with California Building Code, ADA, APWA
Greenbook, AWWA, Orange County Flood Control District, and Santa Ana Regional Water Quality
Control Board (WQMP) requirements.
XEC has experience preparing project specifications in Greenbook format as well as ASI specifications.
Our team prepares plans in AutoDesk CivII3D in accordance with our drafting standards and the City's
standards. We use the latest Civi13D techniques regarding grading features for sites and corridors, pipe
networks for underground utilities, dynamic labels for accuracy, and a sheet set manager for plan set
production.
XEC delivers clear and concise drainage and water quality reports for a wide variety of public and private
projects. Hydrology and hydraulic calculations are prepared using Civil3D in which our team members have
extensive experience as well.
We prepare project schedules in Microsoft
Project with project milestones, critical paths,
and task breakdowns. Our project managers
consistently provide the client and team
with an up-to-date project schedule, making
project communication a major priority.
Project managers also provide regular project
updates via email before they are requested.
All correspondence, including meeting
minutes, letters, emails, and reports are filed in
accordance with XEC's document production
standards to help keep the project team
organized and informed.
1
9 X ENGINEERING & CONSULTING, INC.
d. Understanding of Need I STATEMENT OF QUALIFICATIONS I SECTION 1
Suggestions / Concerns
We have no suggestions or special concerns pertinent to this RFP that the City should be aware of at this time.
Assumptions / Exclusions
We have identified no assumptions and/or exclusions to be used in preparation of the scope of work and
associated fee estimate pertinent to this RFP at this time.
11e66"Vant Projects
The following eight (8) pages furnish our relevant projects completed in the last five (5) years, highlighting
significant work with public agencies. Project information includes project description, project location, year
completed, and client name and contact information.
X ENGINEERING & CONSULTING, INC. 10
X Engineering's Director of Geomatics Gerald "Jerry" Anderson, LS, maintains a long and successful
professional relationship with various Orange County public agencies. His keen knowledge of County
standards and procedures, as well as existing relationships with the Department's team members, equip the X
Engineering Geomatics Team well to support the County's ongoing public improvement projects.
Below, Mr. Anderson and team were responsible for contacting fringe customers within the SCE/City of
Anaheim "Fringe Service" areas, preparing legal descriptions, easement deeds and plats. They obtained
executed and notarized easement deeds prior to the conversion. E
Contacted fringe customers within relevant "Fringe Service" areas and prepared legal descriptions, easement deeds, and plats as part
of City's Underground Conversion Program. Yellow boundary indicates project limits
REFERENCE
AGENCY
City of Anaheim Public Utilities Department
DATES OF SERVICE
June 2019 - June 2020
CONTACT
Cheryl Sanders I Real Property Analyst, City of Anaheim Public Utilities Department, 714.765.4159
11 X ENGINEERING & CONSULTING, INC.
d. Understanding of Need I STATEMENT OF QUALIFICATIONS I SECTION 1
RIGHT -OF -ENTRY ACCESS & EASEMENT DOCUMENTS
ANAHEIM, CALIFORNIA
® - w
4,r SRI MW�
,9 �
_a
X Engineering prepared construction documents for 2500 linear feet last lane public street improvements
for the west side of Archibald Avenue from Merrill Avenue to Eucalyptus Avenue. Beyond the curb, the
design included sidewalk with curb ramps, parkways, two bus turn outs, a multipurpose trail, and a 24-foot
neighborhood edge that connects to a residential development.
Enhanced concrete pavement was designed for curbs at intersections to support heavy truck traffic. X
Engineering also provided management and coordination for the ultimate condition signal improvements
at three intersections. Signing/striping and street light plans were prepared to complement physical
improvements and support traffic movement.
Catch basins were also included within the improvement plans, which were designed to be constructed around
existing storm drain stubs.
Parkway, sidewalk and multi -use trail looking northbound on
Archibald Avenue
REFERENCE
AGENCY
City of Ontario, Engineering Department
DATES OF SERVICE
January 2018 - June 2019
Last lane improvements looking southbound on Archibald Avenue
CONTACT
Jesus Placentia I Senior Associate Civil Engineer, City of Ontario, 909.395.1218
13 X ENGINEERING & CONSULTING, INC.
X Engineering prepared construction documents for the design of approximately 2700 linear feet of an 18"
domestic water line beneath a partially constructed roadway, Chino Avenue. The design included removal of
an existing 16" domestic water line and replacement with an 18" line. Additionally, removal of a connection
between the existing water line and a separate domestic water line within a different pressure zone was
required. The project team coordinated closely with the Ontario Municipal Utility Company (OMUC) to ensure
minimal water shut offs and to provide design solutions that would allow for future extension.
X Engineering prepared the design for two additional water lines within Chino Avenue which include a 12"
domestic water line and an 8" recycled water line. An alternative alignment study was also prepared and will
be presented to OMUC in an effort to find a feasible alignment for the two water lines. The preferred alignment
will minimize and avoid impacts to existing physical structures, eliminate the need for excess right-of-way
acquisition, and maintain compliance with the Division of Drinking Water requirements.
EX. R/W
EX.
R/W
FUTURE
R/W
BBB
44'
44'
SURFACEFUTURE FINISHED
OU
BY OTHERS
12'
32' I
1 32'
12'
t10'
EOP
I
5' 7'
tt51
II
EX.
8' 6' 12' 6'
6
14'
6' S. I
swu
I
--- , t_= s_2_
2R
1 2%
_IL_
1E%. 8" C&G
4.83' FUTURE 1
C&G
16"D 8.25'8"
L
TO
ED(.
EMOVED
B"
12.88'
BY OTHERS
EB"RW
BY OTHERS
CHINO AVENUE
A
SCALE: 1"=10'
�]
G
FROM STA. 232+67.59 TO STA. ±247+92.46
Underground wet utilities cross section in Chino Avenue
REFERENCE
AGENCY
City of Ontario, Engineering Department - Ontario Municipal Utility Company
DATES OF SERVICE
June 2019 - June 2020
CONTACT
Jeff Krizek I Associate Engineer, Ontario Municipal Utility Company, 909.395.2697
X ENGINEERING 8. CONSULTING, INC. 14
X Engineering & Consulting, Inc. prepared construction documents for 1800 linear feet of partial public street
improvements of Haven Avenue from Schafer Avenue to approximately 800' north of Aspen Street in the City
of Ontario. Approximately 1 000'of improvements included 72' of street width improvements of the overall 124'
right-of-way. The remaining 800' of improvements include a pavement transition which directs traffic back
to the existing 22' wide roadway. In addition to standard curb and pavement solutions, partial improvement
design features included a 27' parkway with a 5' sidewalk, two bus turnouts, signal improvements, and two
intersections. .
Signing/striping and street light plans were prepared in support of the physical improvements and traffic
movement, which were completed under the management of X Engineering.
View of Haven Avenue
REFERENCE
AGENCY
City of Ontario, Engineering Department
DATES OF SERVICE
June 2019 - June 2020
View of Haven Avenue
CONTACT
Naiim Khoury I Project Manager - Associate Engineer, City of Ontario, 909.395.2145
15 X ENGINEERING & CONSULTING, INC.
X Engineering prepared construction documents for 1700 linear feet of full width, 128' wide public street
improvements from the Cucamonga Channel to Archibald Avenue in the City of Ontario, California. The
improvements support a 432-lot residential development to the north and an approximately 50-acre industrial
development to the south. Both the north and south side of Merrill Avenue required driveway design to
provide appropriate infrastructure for the respective developments. In addition to standard curb pavement
improvements, design features included a 12' parkway with a 5' sidewalk, an 8' multi -use trail, a bus turnout,
and an interim design at the Cucamonga Channel junction which allows for seamless connection to a future
bridge expansion project.
Signing/striping and street light plans were prepared to complement physical improvements at the shared
intersection of the residential and industrial developments. Traffic signal modifications at Archibald Avenue
were also completed under the management of X Engineering.
Close coordination with the City of Ontario, multiple developers, engineering consultants, dry utility consultants
and construction administrators was required for the preparation of design plans in order to successfully
complete the Merrill Avenue public improvements. X Engineering ensured all city design standards were met.
Parkway, sidewalk and multi -use trail looking
westbound on Merrill Avenue
REFERENCE
AGENCY
City of Ontario, Engineering Department
DATES OF SERVICE
January 2018 - June 2019
New signal improvements for Merrill Avenue and Charlotte Avenue looking north-
bound on Charlotte Avenue.
CONTACT
Jesus Placentia I Senior Associate Civil Engineer, City of Ontario, 909.395.1218
X ENGINEERING & CONSULTING, INC. 16
X Engineering provided construction documents for widening of a frontage road adjacent to Centre City
Parkway in Escondido, CA. The scope of work included design of 700 feet of public storm drain system to
connect existing median inlets to a regional storm drain system; X designed a storm drain that was considered
the most efficient and least invasive to the relevant stakeholders.
Additionally, 600 linear feet of sidewalk improvements were required to be installed to strengthen the local
transit network. Overhead electrical lines were also required to be undergrounded along the frontage as part of
development activities.
Construction of improvements began in February 2022. X Engineering continues to provide construction and
design support for the project on an ongoing basis.
Storm drain installation
REFERENCE
EX
EDGE OP
PAVEMENT NNE
IX. 41'
EX. WESTERLY
CURB LINE
S. ESCONDIDO CENTER UNE
44.5' BLVO
Q
±41'
�,C EX
O/Al
11'R/W
PROP
R/1Y
tfi' IX
OEDIGATI
IX. 35' CENTRE CRY PARKWAY
MEDIAN
±20'
1 22'
5.5
4.4'
213.2' EX.
SWLK
PKW1
PAVEMENT
TO REMAIN -
TO BE REMOVED 5
MIN. f X
F 2
EX. 10
RECYCLED
WATER
IX 1T
WATER yin
-
FORCE SEWER
MAIN
ESCONDIDO BLVD
A
FROM STA 101+67 TO STA 104+29
2
STREET CIA59FlCATON: LOCAL COLLECTOR
APPNED TRAFFIC INDEX (TI)=•6
• NOTE: TRAFFIC INDEX PER CITY OF
ESCONDIDO STREET DESIGN STANDARDS
Snapshot of entire project site including frontage street Escondido Blvd
AGENCY
City of Escondido, Engineering Department
DATES OF SERVICE
February 2021 -April 2022
CONTACT
Owen Tunnel I Assistant City Engineer, City of Escondido, 760.839.4651
17 X ENGINEERING & CONSULTING, INC.
X Engineering & Consulting, Inc. prepared construction documents for approximately 2,800 linear feet of full
width, 130.5' wide public street improvements, along with approximately 4,400 linear partial with improvements
to join to existing roadways, within the County of Riverside. This regional roadway system is a highly desired
corridor by the county, which also includes an eighteen -foot wide median and a super elevated designs
along the 1600' radii curved alignment. In addition to standard curb pavement improvements, design features
included up to 23.5 parkways with a 5' sidewalk, a 12' multiuse trail, and two bus turnouts.
Signing/striping and street light plans were prepared to complement physical improvements at the shared
intersection of the residential developments.
Within the 2,800 linear feet of roadway improvements, X Engineering prepared the construction documents for
the regional wet utility facilities to include a Twide x 4' high reinforced concrete box carrying up to 265 cfs, an
18" domestic water line, an 8" sewer line, and a 6" sewer force main.
Local approving jurisdictions include Riverside County transportation Department, Riverside County Flood
Control, and Eastern Municipal Water District.
REFERENCE
AGENCY
Riverside County Transportation Department
DATES OF SERVICE
June 2021 - present
CONTACT
Benjie Cho I Senior Civil Engineer, Riverside County, 951.955.6885
1 nis renuenng N 16
X ENGINEERING & CONSULTING, INC. 18
SECTION 11 STATEMENT OF QUALIFICATIONS I References
REFERENCES
The following three (3) public agency contacts have experience and rapport with X Engineering & Consulting.
We have provided similar work to them within the past five (5) years.
Vinh Tran, PE, Electrical Systems Designer
City of Anaheim Public Utilities Department
tran@anaheim.net
Benjie Cho, PE, QSD-P, ToR, Senior Civil Engineer/WQMP Manager
Riverside County Transportation Department
bcho@rctlma.org
Mike Bhatanawin, PE, Associate Engineer
City of Ontario
mbhatanawin@ontarioca.gov
- FRENCH OOU MAOUPY PARK
WILLARD J•a plc fpyill.
ION-0ul BurP.r� �Srh%".IIFE Arr_
pE
iRTE514 PILAR NCVmroaeO g'.�
Wu
YO CIVIC Cl1111f®DJWRIOWR SaRIb [,;n SNd�'
FLOWER .*I
AtB HSll#I[DISVYI ee+P
:I TOR, Cam'Celall
Funtla
SA BONITA t
:WINGER PAR
Nn•eI PICO-LOWELL
n®IvpS
PACIFIC PARK
ISTA
'LTON STREET
NO
Wle Mldel
_
N RFtltrin.e
` CORNERSTONE
Fes"}"w"
91151a1 SV3P MdA0
VILLAGE
IZONS MID -CITY
WILSHIRE
I ROW Dunn Gl
SQUARE
Male, P8 HIOn 5Ch00I
I y Cwler0
Ou.a�Av 0
s
"N' Ada
ADI SOIN PARK
The Home DepOtt'
a a
€ All
Y Y
(j14Min
FUOOALBW9
L
■ Sama SUfle18 GRIT
a
S
CKnikg
�THDANTGN PARK
ALDI®
'
h pe R1
RO CLASSIC SOUTH
CO
T,
Hlph SiV"! -
geSvem
AnM01A SOUTH COAST .�,^eM
METRO - `e!`d-�.
t 'f�
_
;IaROSllllellaly®a
V EST$l plazav
Oldnge County
®Museum 01 A"
I BROOKHLLOVF
DIUBUSINESS PEA
oA
B
ca r,
OVfalmart S,:.
I COMER Env. I
H MI
IRVINE DVSINES+
COM�LF%
X Engineering & Consulting, Inc. is locatedjust over
four (4) miles away from the City of Santa Ana Civic
Center. This proximity allows us to perpetuate our
company's standard of efficient service and proactive
communication.
19 X ENGINEERING & CONSULTING, INC.
SCOPE OF SERVICES AND SCHEDULE I SECTION 2
SCOPE OF SERVICES
X Engineering & Consulting, Inc. (XEC) is experienced in and prepared to provide the City of Santa Ana with
the following requested on -call engineering design services:
• Civil design
• Land surveying
• Hydraulic modeling of the water distribution, storm water, and sewer collection systems
• Evaluations, studies and recommendations related to water wells, reservoirs, water treatment systems,
disinfection systems, pressure control systems, and sewage lift stations
• Electrical and industrial control systems evaluations, studies, drawings, documentation and
recommendations
• Mapping services
• Legal description preparations
• Grant -writing services
• Environmental/planning support
• Construction management support
• Pavement management
• Special engineering studies / reports / compliance and investigations
• Regulatory compliance with federal and state local agencies
• Financial / cash flow analysis - public works programs
• Assessment and district formation services
• Sustainable infrastructure services
• Right-of-way studies
Upon entering into a contract for a specific scope of work, we model our schedule against our XEC standard
Project Management Plan (PMP) seen in the previous section. As seen in the PMP, we prepare an initial
project schedule at the Understanding phase and furnish it for the City to review. Utilizing Microsoft Project
and holding weekly workload meetings to allocate staff adequately allows us to consistently keep our projects
on schedule. Should any deviations from schedule arise as a result of any design changes or project impacts,
the City shall be notified immediately. In the event that a project schedule is delayed, XEC utilizes additional
staffing and resources, including nights and weekends when needed, to restore the project's timeline.
X ENGINEERING & CONSULTING, INC. 20
CERTIFICATIONS I SECTION 4
CERTIFICATIONS
Per RFP requirements, we have enclosed wet signed required certifications after this page.
X ENGINEERING & CONSULTING, INC. 22
Appendix
ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT
CERTIFICATIONS
NON -COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SAWA ANA DEPARTMENT OF PUBLIC WORKS
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER
declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that
the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone
else to put in a sham bid, or that anyone shall refrain from bidding, that the BIDDER has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the
bid price of the BIDDER or any BIDDER, or to for any overhead, profit, or cost element of the bid price,
or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract
of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further,
that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or
the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to
any corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the
signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS
are cams that 1paking� certification may subject the certifier to criminal prosecution
Signed
State of California
County of Orange
ff Subscribed and sworn to (or affirmed) before me on this 14 day of March 2023 by
Cr -L R • L� SSne. , proved to me on the basis of satisfactory evidence to be the person(s) who appeared
before me.
BRANDON U. IEON
Notary Public - California
s " Orange County
s Commission B 2409574
My Comm. Expires Jul 29. Z026
Notary Public Signature Notary Public Seal
City of Santa Ana RFP
Page A3-1
Appendix
ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION
CERTIFICATIONS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congcz?,s, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned
shall complete and submit a "Disclosure of Lobbying Activities".
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the
language of this certification be included in all lower for subcontracts, which exceed $100,000 and that all such sub
recipients shall certify and disclose accordingly.
X Enaineerina & Consultina. Inc.
Signed and Printed Name:
Title
March 14, 2023
City of Santa Ana RFP
Page A3-2
Comar. PE, QSD
Appendix
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION
CERTIFICATIONS
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, g x, or national origin. The Consultant shall take affirmative action to ensure
that applicants are employed, and that employees are treated during employment without, regard to
their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Consultant agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a
collective bargaining agreement or other contract or tmderstanding, a notice to be provided advising
the said labor union or workers' representatives of the Consultant's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his/her books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules,
regulations, and orders.
6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract
or with any of the said riles, regulations, or orders, the contract may be canceled, terminated, or
suspended in whole or in part and the Consultant may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulations, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
City of Santa Ana RFP
Page A3-3
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
or purchase order as the administering agency may direct as means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event the Consultant becomes
involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such
direction by the administering agency, the Consultant may request that the United States enter into
such litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended,
No discrimination shail be made in the employment of persons upon public works because of race,
religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or
sex of such persons, except as provided in Section 1420, and any consultant of public works violating
this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed: �'�� Puneet Comar, PE, QSD
Title: Principal
Firm: X Engineering & Consulting, Inc.
Date: March 14, 2023
City of Santa Ana RFP
Page A3-4
ENGINEERING & CONSULTING
6 Hutton Centre Drive, Suite 650, Santa Ana, CA 92707
949.522.7100 1 xengineeringinc.com
EXHIBIT C
COMPENSATION
Consultant's Fee Proposal including hourly rates if applicable
FEE PROPOSAL
RFP #23-030
CITY OF SANTA ANA
MARCH 14, 2023
X ENGINEERING &CONSULTING, INC.
6 Hutton Centre Drive, Suite 650
x
Santa Ana, California 92707
949.S22.7100 I xengineeringinc.com
BILLING RATE TABLE 2023
X ENGINEERING & CONSULTING, INC.
Engineering Hourly Rate
Principal.....................................................................................................................................................................
$235
Senior Project Manager / Senior Engineering Manager / Survey Manager ................
$210
Project Manager / Storm Water Manager / Engineering Manager,, ..... ........ .......
.......... $195
Project Engineer / Senior Engineer.......................................................................................................
$186
Senior Designer / Chief of Parties... ........... ........................ .......................... ........... .............. .............
$168
Designer / Staff Engineer / GIS Technician.......................................................................................
$146
CAD / Associate Engineer / Graphic Design....................................................................................
$128
ProjectAdministration.....................................................................................................................................
$115
One -Person Survey Crew...............................................................................................................................
$215
Two -Person Survey Crew..............................................................................................................................
$315
Three -Person Survey Crew...........................................................................................................................
$385
but in no even[ xhxll exceed 34. annually_
Burrola, Melissa
From: City of Santa Ana <certificate-request@ctrax.jdidata.com>
Sent: Monday, June 12, 2023 8:56 AM
To: Puneet.comar@xengineeringinc.com; Donna.esquivel@ioausa.com; Burrola, Melissa
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor X Engineering & Consulting
Name:
Project TBD (112)
Number:
Project CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND X
Name: ENGINNERING & CONSULTING, INC. FOR ON -CALL ENGINEERING
SERVICES
The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the
insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
TYPE OF INSURANCE
POLICY
EXPIRATION
COI DATE
FILE NAME
NUMBER
DATE
City of Santa
AUTOMOBILE LIABILITY
PSA0003332
11/01/2023
05/25/2023
Ana COI
2023.pdf
City of Santa
GENERAL LIABILITY
PSB0007955
11/01/2023 I
05/25/2023
Ana_XEC COI
2023.pdf
PROFESSIONAL LIABILITY CLAIMS-
City of Santa
MADE
V241764220501
11/01/2023
05/25/2023
Ana_XEC COI
2023.pdf
WORKERS COMPENSATION AND
City of Santa
EMPLOYERS' LIABILITY
PSW0004493
11/01/2023
05/25/2023
Ana_XEC COI
2023.pdf
Thank you,
1
EBUF!)NN0EE0ZZZZ*
DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF
303703137
UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJT
DFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF!BGGPSEFE!CZ!UIF!QPMJDJFT
CFMPX/!!UIJT!DFSUJGJDBUF!PG!JOTVSBODF!EPFT!OPU!DPOTUJUVUF!B!DPOUSBDU!CFUXFFO!UIF!JTTVJOH!JOTVSFS)T*-!BVUIPSJ\[FE
SFQSFTFOUBUJWF!PS!QSPEVDFS-!BOE!UIF!DFSUJGJDBUF!IPMEFS/
JNQPSUBOU;!!Jg!uif!dfsujgjdbuf!ipmefs!jt!bo!BEEJUJPOBM!JOTVSFE-!uif!qpmjdz)jft*!nvtu!ibwf!BEEJUJPOBM!JOTVSFE!qspwjtjpot!ps!cf!foepstfe/
Jg!TVCSPHBUJPO!JT!XBJWFE-!tvckfdu!up!uif!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz-!dfsubjo!qpmjdjft!nbz!sfrvjsf!bo!foepstfnfou/!!B!tubufnfou!po
uijt!dfsujgjdbuf!epft!opu!dpogfs!sjhiut!up!uif!dfsujgjdbuf!ipmefs!jo!mjfv!pg!tvdi!foepstfnfou)t*/
DPOUBDU
QSPEVDFS
Cfuuz!Usbo
OBNF;
GBY
QIPOF
JPB!Jotvsbodf!Tfswjdft
:5:.3:8.6:73:5:.3:8.6:71
)B0D-!Op*;
)B0D-!Op-!Fyu*;
241!Wboujt-!Tvjuf!361
F.NBJM
cfuuz/usboAjpbvtb/dpn
BEESFTT;
Bmjtp!Wjfkp-!DB!!:3767
JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD!$
xxx/jpbvtb/dpnDB!Mjdfotf!$1F78879
JOTVSFS!B!;SMJ!Jotvsbodf!Dpnqboz24167
JOTVSFE
JOTVSFS!C!;Cfb{mfz!Bnfsjdb!Jotvsbodf!Dpnqboz-!Jod/27621
Y!Fohjoffsjoh!'!Dpotvmujoh
JOTVSFS!D!;
7!Ivuupo!Dfousf!Esjwf-!Tvjuf!761
JOTVSFS!E!;
Tboub!Bob!DB!!:3818
JOTVSFS!F!;
JOTVSFS!G!;
DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS;
9:569835
UIJT!JT!UP!DFSUJGZ!UIBU!UIF!QPMJDJFT!PG!JOTVSBODF!MJTUFE!CFMPX!IBWF!CFFO!JTTVFE!UP!UIF!JOTVSFE!OBNFE!BCPWF!GPS!UIF!QPMJDZ!QFSJPE
JOEJDBUFE/!!OPUXJUITUBOEJOH!BOZ!SFRVJSFNFOU-!UFSN!PS!DPOEJUJPO!PG!BOZ!DPOUSBDU!PS!PUIFS!EPDVNFOU!XJUI!SFTQFDU!UP!XIJDI!UIJT
DFSUJGJDBUF!NBZ!CF!JTTVFE!PS!NBZ!QFSUBJO-!UIF!JOTVSBODF!BGGPSEFE!CZ!UIF!QPMJDJFT!EFTDSJCFE!IFSFJO!JT!TVCKFDU!UP!BMM!UIF!UFSNT-
FYDMVTJPOT!BOE!DPOEJUJPOT!PG!TVDI!QPMJDJFT/!MJNJUT!TIPXO!NBZ!IBWF!CFFO!SFEVDFE!CZ!QBJE!DMBJNT/
BEEMTVCS
JOTSQPMJDZ!FGGQPMJDZ!FYQ
UZQF!PG!JOTVSBODFMJNJUT
QPMJDZ!OVNCFS
MUS)NN0EE0ZZZZ*)NN0EE0ZZZZ*
JOTEXWE
DPNNFSDJBM!HFOFSBM!MJBCJMJUZ
BQTC1118:66220203136220203137
FBDI!PDDVSSFODF%
444 3-111-111
EBNBHF!UP!SFOUFE
Tdifevmfe!BJ!Foeu
DMBJNT.NBEFPDDVS%
4 2-111-111
QSFNJTFT!)Fb!pddvssfodf*
$QQC4241323
NFE!FYQ!)Boz!pof!qfstpo*%
4 Qsjn0Opo.Dpo21-111
Qspgfttjpobm!Tfswjdft
QFSTPOBM!'!BEW!JOKVSZ%
4 Xws!pg!Tvcs3-111-111
qfsgpsnfe!cz!uif!Jotvsfe
5-111-111
HFO(M!BHHSFHBUF!MJNJU!BQQMJFT!QFS;HFOFSBM!BHHSFHBUF%
bsf!Fydmvefe
QSP.
44
QPMJDZMPDQSPEVDUT!.!DPNQ0PQ!BHH%
5-111-111
KFDU
%
4 PUIFS;Gpsn!$QQC4272224
DPNCJOFE!TJOHMF!MJNJU
BVUPNPCJMF!MJBCJMJUZ%
BQTB1114443220203136220203137
2-111-111
)Fb!bddjefou*
44
Eftjhobufe!Jotvsfe!Foeu
BOZ!BVUP
CPEJMZ!JOKVSZ!)Qfs!qfstpo*%
4
$DB31592124<!Qsjn0OpoDpo
PXOFETDIFEVMFE
CPEJMZ!JOKVSZ!)Qfs!bddjefou*%
BVUPT!POMZBVUPT
boe!Cmlu!Xws!pg!Tvcs
OPO.PXOFE
IJSFEQSPQFSUZ!EBNBHF
%
44
)Qfs!bddjefou*
BVUPT!POMZBVUPT!POMZ
jodmvefe!po!qh!3!pg!Gpsn
%
4 Qsjn0Opo.Dpo 4 Xws!pg!Tvcs$QQB4111424
VNCSFMMB!MJBC
BQTF1116963220203136220203137
FBDI!PDDVSSFODF%
4 PDDVS 44 2-111-111
Gpmmpx!Gpsn<!Fydm!Qspg
FYDFTT!MJBC
4
DMBJNT.NBEFBHHSFHBUF%
2-111-111
Mjbcjmjuz<!$QQV4151721
%
EFESFUFOUJPO%
QFSPUI.
XPSLFST!DPNQFOTBUJPO
BQTX11155:4220203136220203137
4
4
TUBUVUFFS
BOE!FNQMPZFST(!MJBCJMJUZ
Z!0!O
Tdifevmfe!Xbjwfs!pg
BOZQ!SPQSJFUPS0QBSUOFS0FYFDVUJWF
F/M/!FBDI!BDDJEFOU%
2-111-111
O!0!B
PGGJDFS0NFNCFS!FYDMVEFE@ ZTvcsphbujpo!Foeu
)Nboebupsz!jo!OI*
F/M/!EJTFBTF!.!FB!FNQMPZFF%
2-111-111
$XD1514171595
Jg!zft-!eftdsjcf!voefs
F/M/!EJTFBTF!.!QPMJDZ!MJNJU%
EFTDSJQUJPO!PG!PQFSBUJPOT!cfmpx 2-111-111
CQspgfttjpobm!MjbcjmjuzD35G75361912220203136220203137%3-111-111!Fbdi!Dmbjn
Dmbjnt.Nbef%5-111-111!Boovbm!Bhhsfhbuf
EFTDSJQUJPO!PG!PQFSBUJPOT!0!MPDBUJPOT!0!WFIJDMFT!!)BDPSE!212-!Beejujpobm!Sfnbslt!Tdifevmf-!nbz!cf!buubdife!jg!npsf!tqbdf!jt!sfrvjsfe*
Dfsujgjdbuf!Ipmefs!jt!bo!Beejujpobm!Jotvsfe!xjui!sftqfdu!up!Hfofsbm!Mjbcjmjuz!)HM*!boe!Bvupnpcjmf!Mjbcjmjuz!xifo!sfrvjsfe!cz!dpousbdu!xjui!uif
Jotvsfe-!cvu!pomz!up!uif!fyufou!qspwjefe!xjuijo!uif!Foepstfnfout!opufe!bcpwf/!!HM!jodmveft!Tfqbsbujpo!pg!Jotvsfet!boe!Dpousbduvbm!Mjbcjmjuz!qfs
mjnjubujpot!jo!uif!CvtjofttPxofst(!Dpwfsbhf!gpsn/!!B!Xpslfst!Dpnqfotbujpo!Xbjwfs!jt!jodmvefe!gps!uif!qfstpo!ps!pshboj{bujpo!obnfe!jo!uif!Tdifevmf
uibu!bsf!qbsujft!up!b!xsjuufo!dpousbdu-!cvu!pomz!up!uif!fyufou!qspwjefe!xjuijo!uif!Foepstfnfou!opufe!bcpwf/!!Dpwfsbhf!jt!tvckfdu!up!bmm!qpmjdz!ufsnt-
dpoejujpot-!mjnjubujpot!boe!fydmvtjpot/!!41!Ebz!Opujdf!pg!Dbodfmmbujpo!0!21!Ebzt!gps!Opo.Qbznfou!jo!bddpsebodf!xjui!qpmjdz!qspwjtjpot/
DFSUJGJDBUF!IPMEFSDBODFMMBUJPO
CzUvUsboOhvzfobu9;38bn-Nbs1:-3137
B.3134.199.21
TIPVME!BOZ!PG!UIF!BCPWF!EFTDSJCFE!QPMJDJFT!CF!DBODFMMFE!CFGPSF
Djuz!pg!Tboub!Bob-
UIF!FYQJSBUJPO!EBUF!UIFSFPG-!OPUJDF!XJMM!CF!EFMJWFSFE!JO
jut!pggjdfst-!pggjdjbmt!boe!fnqmpzfft
BDDPSEBODF!XJUI!UIF!QPMJDZ!QSPWJTJPOT/
31!Djwjd!Dfoufs!Qmb{b
Tboub!Bob!DB!!:3812
BVUIPSJ\[FE!SFQSFTFOUBUJWF
)BWD*!Bmjdjb!L/!Jhsbn
ª!2:99.3126!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/
BDPSE!36!)3127014*Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE
9:569835!}!22036.37!HM-!BVUP-!FYDFTT-!XD!'!QM!!}!)BWD*!Cfuuz!Usbo!}!303703137!4;13;66!QN!)QTU*!}!Qbhf!2!pg!32
PolicyNumber:QTC1118:66 RLIInsuranceCompany
bğƒĻķLƓƭǒƩĻķʹ
Y!Fohjoffsjoh!'!Dpotvmujoh
THISENDORSEMENTCHANGESTHEPOLICY.PLEASEREADITCAREFULLY.
®
RLIPackFORPROFESSIONALS
SCHEDULEDADDITIONALINSUREDENDORSEMENT
Thisendorsementmodifiesinsuranceprovidedunderthefollowing:
BUSINESSOWNERSCOVERAGEFORMÎSECTIONIIÎLIABILITY
Schedule
NameofPerson(s)orOrganization(s):
Djuz!pg!Tboub!Bob-
jut!pggjdfst-!pggjdjbmt!boe!fnqmpzfft
1.SECTIONIIC.WhoIsAnInsured1.SECTIONIIC.WhoIsAnInsured isamendedtoisamendedto
primarybasis,oraprimaryandnon-contributoryprimarybasis,oraprimaryandnon-contributory
includeasanadditionalinsuredthepersonorincludeasanadditionalinsuredthepersonorbasis,thisinsuranceisprimarytootherinsurancebasis,thisinsuranceisprimarytootherinsurance
organizationshowninthescheduleabove,butonlyorganizationshowninthescheduleabove,butonlythatisavailabletosuchadditionalinsuredwhichthatisavailabletosuchadditionalinsuredwhich
withrespecttoliabilityfor"bodilyinjury","propertywithrespecttoliabilityfor"bodilyinjury","propertycoverssuchadditionalinsuredasanamedinsured,coverssuchadditionalinsuredasanamedinsured,
damage"or"personalandadvertisinginjury"damage"or"personalandadvertisinginjury"andwewillnotsharewiththatotherinsurance,andwewillnotsharewiththatotherinsurance,
causedinwholeorinpartbyyouorthoseactingoncausedinwholeorinpartbyyouorthoseactingonprovidedthat:providedthat:
yourbehalf:yourbehalf:
a.a.The"bodilyinjury"or"propertydamage"forThe"bodilyinjury"or"propertydamage"for
a.a.Intheperformanceofyourongoingoperations;Intheperformanceofyourongoingoperations;whichcoverageissoughtoccursafteryouhavewhichcoverageissoughtoccursafteryouhave
enteredintothatcontractoragreement;orenteredintothatcontractoragreement;or
b.b.InconnectionwithpremisesownedbyorrentedInconnectionwithpremisesownedbyorrented
toyou;ortoyou;or b.b.The"personalandadvertisinginjury"forwhichThe"personalandadvertisinginjury"forwhich
coverageissoughtarisesoutofanoffensecoverageissoughtarisesoutofanoffense
c.c.InconnectionwithÐyourworkÑandincludedInconnectionwithÐyourworkÑandincluded
committedafteryouhaveenteredintothatcommittedafteryouhaveenteredintothat
withintheÐproduct-completedoperationswithintheÐproduct-completedoperations
contractoragreement.contractoragreement.
hazardÑ.hazardÑ.
4.4.ThefollowingisaddedtoThefollowingisaddedto SECTIONIIIK.2TransferSECTIONIIIK.2Transfer
2.Theinsuranceprovidedtotheadditionalinsuredby
ofRightsofRecoveryAgainstOtherstoUsÎofRightsofRecoveryAgainstOtherstoUsÎ
thisendorsementislimitedasfollows:
COMMONPOLICYCONDITIONS(BUTCOMMONPOLICYCONDITIONS(BUT
APPLICABLETOSECTIONIÎPROPERTYANDAPPLICABLETOSECTIONIÎPROPERTYAND
a.Thisinsurancedoesnotapplytotherendering
SECTIONIIÎLIABILITY)SECTIONIIÎLIABILITY)
oforfailuretorenderany"professional
services".
WewaiveanyrightsofrecoverywemayhaveWewaiveanyrightsofrecoverywemayhave
againstanypersonororganizationbecauseofagainstanypersonororganizationbecauseof
b.Thisendorsementdoesnotincreaseanyofthe
paymentswemakefor"bodilyinjury","propertypaymentswemakefor"bodilyinjury","property
limitsofinsurancestatedin D.LiabilityAnd
damage"or"personalandadvertisinginjury"arisingdamage"or"personalandadvertisinginjury"arising
MedicalExpensesLimitsofInsurance.
outof"yourwork"performedbyyou,oronyouroutof"yourwork"performedbyyou,oronyour
3.3.ThefollowingisaddedtoThefollowingisaddedto SECTIONIIIH.2.OtherSECTIONIIIH.2.Other
behalf,underacontractoragreementwiththatbehalf,underacontractoragreementwiththat
InsuranceÎCOMMONPOLICYCONDITIONSInsuranceÎCOMMONPOLICYCONDITIONS
personororganization.Wewaivetheserightsonlypersonororganization.Wewaivetheserightsonly
(BUTAPPLICABLEONLYTOSECTIONIIÎ(BUTAPPLICABLEONLYTOSECTIONIIÎ
whereyouhaveagreedtodosoaspartofawhereyouhaveagreedtodosoaspartofa
LIABILITY)LIABILITY)
contractoragreementwithsuchpersonorcontractoragreementwithsuchpersonor
organizationenteredintobyyoubeforethe"bodilyorganizationenteredintobyyoubeforethe"bodily
However,ifyouspecificallyagreeinacontractorHowever,ifyouspecificallyagreeinacontractor
injury"or"propertydamage"occurs,orthe"personalinjury"or"propertydamage"occurs,orthe"personal
agreementthattheinsuranceprovidedtoanagreementthattheinsuranceprovidedtoan
andadvertisinginjury"offenseiscommitted.andadvertisinginjury"offenseiscommitted.
additionalinsuredunderthispolicymustapplyonaadditionalinsuredunderthispolicymustapplyona
ALLOTHERTERMSANDCONDITIONSOFTHISPOLICYREMAINUNCHANGED.
PPB3130212Page1of1
9:569835!}!22036.37!HM-!BVUP-!FYDFTT-!XD!'!QM!!}!)BWD*!Cfuuz!Usbo!}!303703137!4;13;66!QN!)QTU*!}!Qbhf!3!pg!32
Policy Number: PSB0007955
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
APPLICABLE FORMS & ENDORSEMENTSAPPLICABLE FORMS & ENDORSEMENTS
FORMS AND ENDORSEMENTS LISTED BELOW APPLY TO AND ARE MADE PART OF THIS POLICY AT TIME OF
ISSUE.
Form NumberForm Title
PPB101 01 22RLIPack BUSINESSOWNERS COVERAGE FORM
PPB300 06 10RLIPack ERISA ENDORSEMENT
PPB301 01 18RLIPack FOR DESIGN PROFESSIONALS PROPERTY ENHANCEMENT
PPB302 01 19RLIPack FOR PROFESSIONALS EQUIPMENT, TOOLS AND
WATERCRAFT ENDORSEMENT
PPB303 06 10RLIPack ASBESTOS EXCLUSION
PPB304 02 12RLIPack FOR PROFESSIONALS BLANKET ADDITIONAL INSURED
ENDORSEMENT
PPB307 06 10RLIPack DISCRIMINATION EXCLUSION
PPB310 06 10RLIPack LEAD EXCLUSION
PPB312 09 13RLIPack FOR DESIGN PROFESSIONALS PROFESSIONAL SERVICES
EXCLUSION
PPB313 02 12RLIPack FOR PROFESSIONALS SCHEDULED ADDITIONAL INSURED
ENDORSEMENT
PPB316 11 13RLIPack FOR DESIGN PROFESSIONALS LIABILITY ENHANCEMENT
PPB318 02 15RLIPack EQUIPMENT BREAKDOWN ENDORSEMENT
PPB319 11 10RLIPack GREEN PROPERTY ENDORSEMENT
PPB323 04 12RLIPack FOR PROFESSIONALS SPRINKLER LEAKAGE -
EARTHQUAKE EXTENSION
PPB347 02 16RLIPACK FOR PROFESSIONALS EQUIPMENT & TOOLS SCHEDULE
PPB352 04 17LIMITED COVERAGE FOR DESIGNATED UNMANNED AIRCRAFT
PPB361 01 22RLIPack® PFAS EXCLUSION
PPK2107 05 11RLIPACK NOTICE OF CANCELLATION OR NONRENEWAL
INCLUDING NONPAYMENT OF PREMIUM DESIGNATED PERSON
OR ORGANIZATION
BP0417 01 10EMPLOYMENT-RELATED PRACTICES EXCLUSION
BP0430 07 13PROTECTIVE SAFEGUARDS
BP0497 01 06WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST
OTHERS TO US
BP0498 07 13EMPLOYEE BENEFITS LIABILITY COVERAGE
BP0501 07 02CALCULATION OF PREMIUM
BP0515 12 20DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT
BP0517 01 06EXCLUSION - SILICA OR SILICA-RELATED DUST
BP0523 01 15CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM
BP0577 01 06FUNGI OR BACTERIA EXCLUSION (LIABILITY)
BP1203 01 10LOSS PAYABLE CLAUSES
BP1231 01 10ADDITIONAL INSURED - BUILDING OWNER
BP1506 05 14EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR
PERSONAL INFORMATION (PERSONAL AND ADVERTISING INJURY
RIL 2150 (08/08) Page 1
9:569835!}!22036.37!HM-!BVUP-!FYDFTT-!XD!'!QM!!}!)BWD*!Cfuuz!Usbo!}!303703137!4;13;66!QN!)QTU*!}!Qbhf!4!pg!32
ONLY)
BP0155 07 20CALIFORNIA CHANGES
ILF0001 04 22SIGNATURE PAGE
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
RIL 2150 (08/08) Page 2
9:569835!}!22036.37!HM-!BVUP-!FYDFTT-!XD!'!QM!!}!)BWD*!Cfuuz!Usbo!}!303703137!4;13;66!QN!)QTU*!}!Qbhf!5!pg!32
Policy Number:RLI Insurance Company
QTC1118:66
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
®
RLIPackFOR DESIGN PROFESSIONALS
LIABILITY ENHANCEMENT
SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A.First Aid And GoodSamaritan Services
B.Supplementary Payments
C.Reasonable ForceÎBodily Injury Or Property Damage
D.Non-Owned Watercraft
E.Canoes OrRowboats
F.Damage To Premises Rented To You
G.Aircraft Chartered With Crew
H.Electronic Data Liability
I.Who Is An InsuredÎNewly Acquired Or Formed Organizations
J.Who Is An InsuredÎUnnamed Partnership Or Joint Venture
K.Additional InsuredÎOwner, Manager Or Lessor Of Premises Or Leased Equipment
L.Additional InsuredÎState Or Political SubdivisionsÎPermits Related To Premises Or Operations
M.General Aggregate LimitÎPer Project Or Per LocationM.General Aggregate LimitÎPer Project Or Per Location
N.Knowledge And Notice Of Occurrence Or Offense
O.Amended Bodily Injury Definition
P.Amended Insured Contract DefinitionÎConstruction Or Demolition Operations Within 50Ó Of Railroad
Q.Amended Personal And Advertising Injury DefinitionÎElectronic Material
R.Unintentional Omission
S.Waiver Of Transfer Of Rights Of Recovery Against Others To Us
PPB 31611 13Page 1of 7
9:569835!}!22036.37!HM-!BVUP-!FYDFTT-!XD!'!QM!!}!)BWD*!Cfuuz!Usbo!}!303703137!4;13;66!QN!)QTU*!}!Qbhf!6!pg!32
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORMÎSECTION IIÎLIABILITY AND SECTION III AS IT PERTAINS TO LIABILITY
ONLY
A.First Aid And Good Samaritan Servicesa.Expected or Intended Injury
1.The following is added to Section II A.1.ÐBodily InjuryÑ or Ðproperty damageÑ ex-
Business Liability Coverages pected or intended from the standpoint of
the insured. This exclusion does not apply to
We will pay those sums that the insured
Ðbodily injuryÑ or Ðproperty damageÑ resulting
becomes legally obligated to pay as damages
from the use of reasonable force toprotect
because of Ðbodily injuryÑ arising out of either the
persons or property.
rendering of or failure to render, ÐFirst AidÑ or
ÐGood Samaritan ServicesÑ to any person.For D.Non-OwnedWatercraft
the purposes of this coverage grant, ÐFirst AidÑ
1.Section II B.1.g. Exclusions,Aircraft, Auto Or
or ÐGood Samaritan ServicesÑ will be deemed to
Watercraft Subparagraph(2) is deleted and
meet the definition of ÐoccurrenceÑ. For the
replaced by the following:
purposes of determining the applicable limits of
insurance, any act or omission together with all(2)A watercraft you do not own that is:
related acts or omissions in the rendering of
(a)Up to seventy-five (75)feet long;and
ÐFirst AidÑ or ÐGood Samaritan ServicesÑ to any
one person will be deemed one ÐoccurrenceÑ.(b)Not being used to carry persons or
property for a charge;
a.ÐFirst AidÑ means initial care for medical
attention immediately following a Ðbodily 2.Only as respects to the insurance provided by
injuryÑ.this provision C.Who Is An Insured is
amended to include as aninsured any person
b.ÐGood Samaritan ServicesÑ means medical
who, with your expressconsent uses the
attention provided in an emergency and for
watercraft.
which no remuneration is demanded or
received.3.The insurance provided by this provision shall
be excess over any valid and collectible other
2.The insurance provided by thisprovision shall
insurance available to the insured, whether
be excess over any valid and collectible other
primary, excess, contingent or on any other
insurance available to any insured whether
basis, except for the insurance purchased
primary, excess, contingent or any other basis,
specifically by you to apply in excess of the
except for insurance purchased specifically by
Limits of Insurance shown in the declarations for
you to apply in excess of the limits of Insurance
this Coverage Part.
shown in the declarations for Business Liability.
E.CanoesOrRowboats
B.Supplementary Payments
The following is added to the exceptions contained
Section II A.1.f. Coverage ExtensionÎ
in Section II B.1.g. Exclusions,Aircraft, Auto Or
Supplementary Payments Paragraphs 1.(b)and
Watercraft:
1.(d)are deleted and replaced with the following:
(6)Any non-motorized canoe or rowboat owned by
(b)Up to $2,500 for the cost of bail bonds required
the insured. Only as respects to the insurance
because of accidents or traffic violations arising
provided by this provision C.Who Is An
out of any vehicle to which Business Liability
Insured is amended to include as an insured
Coverage for Ðbodily injuryÑ applies. We do not
any person who, with your express consent,
have to furnish these bonds.
uses any such canoe or rowboat.
(d)All reasonable expenses incurred by the insured
F.Damageto Premises Rented to You
at our request to assist in the investigation or
defense of the claim or ÐsuitÑ, including actual 1.The last paragraph of Section II B.1. Ex-
loss of earnings up to $500 a day because of clusionsÎApplicable To Business Liability
time off work.Coverage is deleted and replaced by the
following:
C.ReasonableForceÎBodilyInjuryOrProperty
Damage Exclusions c.,d.,e.,f.,g.,h.,i.,k.,l.,m.,n.and
o.in SECTION IIÎLIABILITY do not apply to
Section II B.1.a. Exclusions,Expected Or
damage by water, fire, explosion, lightning, or
Intended Injury,is deleted and replaced by the
smoke resulting from fire to premises while
following:
PPB 31611 13Page 2of 7
9:569835!}!22036.37!HM-!BVUP-!FYDFTT-!XD!'!QM!!}!)BWD*!Cfuuz!Usbo!}!303703137!4;13;66!QN!)QTU*!}!Qbhf!7!pg!32
rented to you, or temporarily occupied by you cells, data processing devices or any other
with permission by the owner.A separate media which are used with electronically
Damage To Premises Rented To You Limit of controlled equipment.
Insurance appliesto this coverage as described
3.For the purposes of the coverage provided by
in paragraph D.Liability And Medical
this endorsement, Section IIF. Liability And
Expenses Limits of Insurance in SECTION IIÎ
Medical Expenses Definitions, Paragraph 17.
LIABILITY.
is deleted and replaced by the following:
2.Section IIF.9.a.Liability And Medical
17.ÐProperty damageÑmeans:
Expenses Definitions, is deleted and replaced
a.Physical injury to tangible property,
by the following:
including all resulting loss of use of that
a.A contract for a lease of premises. However,
property. All such loss of use shall be
that portion of the contract for a lease of
deemed to occur at the time of the
premises that indemnifies any person or
physical injury that caused it;
organization for damage by water, fire,
b.Loss of use of tangible property that is
explosion, lightning, or smoke resulting from
not physically injured. All such loss of
fire to premises while rented to you or
use shall be deemed to occur at the
temporarily occupied by youwith permission
time of the ÐoccurrenceÑthat caused it;
of the owner is not an Ðinsured contractÑ;
or
3.This provision does not apply if coverage for
c.Loss of, loss of use of, damage to,
Damage To Premises Rented To You is ex-
corruption of, inability to access, or in-
cluded by another endorsement to this policy.
ability to manipulate Ðelectronic dataÑ,
G.AircraftCharteredWithCrew resulting from physicalinjury to tangible
property. All such loss of Ðelectronic
1.The following is added to the exceptions
dataÑshall be deemed to occur at the
contained in Section II B.1.g.Exclusions,
time of the ÐoccurrenceÑthat caused it.
Aircraft, Auto or Watercraft:
d.Property damage does not mean dis-
(6)Any non-owned aircraft chartered to you
closure of, display of, or theft or mis-
with a crew including a pilot.
appropriation ofelectronic data however
caused.
2.The insurance provided by this provision shall
be excess over any validand collectible other
For the purposes of this insurance,
insurance available to the insured whether
Ðelectronic dataÑis not tangible property.
primary, excess, contingent or on any other
I.WhoIsAnInsured ÎNewlyAcquiredOrFormed
basis, except for insurance purchased specif-
Organizations
ically by you to apply in excess of the Limits of
Insurance shown in Declarations.
The following is added to Section IIC. Who Is An
Insured:
H.Electronic Data Liability
Any organization you newly acquire or form, other
1.Section IIB.1.q. Exclusions is deleted and
than a partnership, joint venture or limited liability
replaced by the following:
company, over which you maintain ownership or
q.Electronic Data
majority interest, will qualify as a Named Insured if
there is no other similar insurance available to that
Damages arising out of the loss of, loss of
organization. However:
use of, damage to, corruption of, inability to
access, disclosure of, display of, theft or
1.Coverage under this provision is afforded only
th
misappropriation of or inability to manipulate
until the one hundred eightieth (180)day after
Ðelectronic dataÑ. However this exclusion
you acquire or form the organization or the end
does not apply to ÐProperty DamageÑ.
of the policy period, whichever is earlier;
2.The following definition is added to Section II F.
2.Coverage does not apply for Ðbodily injuryÑ or
Liability And Medical Expenses Definitions:
Ðproperty damageÑ that occurred before you
acquired or formed the organization.
ÐElectronic dataÑmeans information, facts or
programs stored as or on, created or used on, or
3.Coverage does not apply for Ðpersonal and
transmitted to or from computer software
advertising injuryÑ arising out of an offense
(including systems and applications software),
committed before you acquired or formed the
hard or floppy disks, CD-ROMS, tapes, drives,
organization.
PPB 31611 13Page 3of 7
9:569835!}!22036.37!HM-!BVUP-!FYDFTT-!XD!'!QM!!}!)BWD*!Cfuuz!Usbo!}!303703137!4;13;66!QN!)QTU*!}!Qbhf!8!pg!32
4.This provision does not apply to any (1)Only if the Ðbodily injuryÑ,Ðproperty dam-
organization for which coverage is excluded by ageÑor Ðpersonal and advertising injuryÑ
another endorsement to this policy.is caused, in whole or in part, by you or
any person or organization performing
J.Who Is An Insured ÎUnnamed Partnership Or
operations on your behalf, and arises
Joint Venture
out of the ownership, maintenance or
use of that part of any premises leased
1.The last paragraph of Section II C. Who Is An
to you under that contract or agreement;
Insured is deleted and replaced by the
or
following:
No person or organization is an insured with (2)TheÐbodily injuryÑ,Ðproperty damageÑor
respect to the conduct of any current or past Ðpersonal and advertising injuryÑis
partnership, joint venture or limited liability caused, in whole or in part, by you or
company that is not shown asa Named Insured any person or organization performing
in the Declarations.However this limitation does operations on your behalf, and arises
not apply to your liability with respect to your out of the maintenance, operation or use
conduct of the business of any current or past of equipment leased to you by such
partnership or joint venture:additional insured.
a.That is not shown as a Named Insured in
2.The insurance provided to such additional in-
the Declarations;and
sured under this provision is subject to the
following:
b.In which you are a member or partner but
only if:
a.The limits of insurance afforded to such
additional insured shall be the limits which
(i)Each and every member or partner in
you agreed to provide in the contract or
that joint venture or partnership is not a
agreement, or the limits shown in the
construction contractor;and
Declarations, whichever are less; and
(ii)The joint venture or partnership is not
b.The insurance afforded to such additional
providing construction contracting
insured does not apply:
services.
2.This provision does not apply to any person or
(1)To any Ðbodily injuryÑor Ðproperty dam-
organization for which coverage is excluded by
ageÑthat occurs, or Ðpersonal and
another endorsement to this policy.
advertising injuryÑcaused by an offense
committed, after you cease to be a
3.The insurance provided by this provision shall
tenant in that premises;
be excess over any valid and collectible other
insurance, whether primary, excess, contingent
(2)To any structural alterations, construc-
or on any other basis, which is available
tion or demolition operations performed
covering your liability with respect to your
by or on behalf of such additional
conduct of the business of any current or past
insured;
partnership or joint venture that is not shown as
a Named Insured in the Declarations and which (3)To any premises for which coverage is
is issued to such partnership or joint venture.excluded by another endorsement to
this Coverage Part;
K.AdditionalInsured ÎOwner, Manager Or Lessor
Of Premises Or Leased Equipment
(4)To any Ðbodily injuryÑor Ðproperty dam-
ageÑthat occurs, or Ðpersonal and
Section IIC. WhoIsAnInsured is amended to
advertising injuryÑcaused by an offense
include as an insured:
committed, after the equipment lease
1.Any person or organization that you have
expires; or
agreed in a contract or agreement to includeas
(5)If the equipment is leased with an
an additional insured on this policy, but:
operator.
a.Only with respect to liability for Ðbodily injuryÑ
3.This provision does not apply on any basis to
or Ðproperty damageÑthat occurs, or
any person or organization for which coverage
Ðpersonal and advertising injuryÑcaused by
as an additionalinsured specifically is added by
an offense committed, after you have
another endorsement to this policy.
entered into that contract or agreement; and
PPB 31611 13Page 4of 7
9:569835!}!22036.37!HM-!BVUP-!FYDFTT-!XD!'!QM!!}!)BWD*!Cfuuz!Usbo!}!303703137!4;13;66!QN!)QTU*!}!Qbhf!9!pg!32
L.AdditionalInsured ÎStateOrPolitical is twice the Liabilityand Medical Expenses is twice the Liabilityand Medical Expenses
Subdivisions ÎPermitsRelated ToPremisesOr limit.limit.
Operations
The aggregate limit for all Ðbodily injuryÑand The aggregate limit for all Ðbodily injuryÑand
Section II C. WhoIsAnInsured is amended toÐproperty damageÑ, medical expenses and Ðproperty damageÑ, medical expenses and
include as an insured:Ðpersonal and advertising injuryÑ other than Ðpersonal and advertising injuryÑ other than
Ðbodily injuryÑor Ðproperty damageÑincluded in Ðbodily injuryÑor Ðproperty damageÑincluded in
1.Any state or political subdivision that has issued
the Ðproducts-completed operations hazardÑthe Ðproducts-completed operations hazardÑ
a permit in connection with premises owned or
applies separately to each of your ÐprojectsÑ applies separately to each of your ÐprojectsÑ
occupied by, or rented or loaned to, you, but
away from premises owned by or occupied by away from premises owned by or occupied by
only with respect to Ðbodily injuryÑ,Ðproperty
you or to each of your ÐlocationsÑ owned by or you or to each of your ÐlocationsÑ owned by or
damageÑ,Ðpersonal and advertising injuryÑ
occupied by you.occupied by you.
arising out of the existence, ownership, use,
maintenance, repair, construction, erection orÐProjectsÑ mean an area away from premises ÐProjectsÑ mean an area away from premises
removal of advertising signs, awnings, canopies,owned by or rented to you at which you are owned by or rented to you at which you are
cellar entrances, coal holes, driveways, man-performing operations pursuant to a contract or performing operations pursuant to a contract or
holes, marquees, hoist away openings, sidewalkagreement. For thepurposes of determining the agreement. For thepurposes of determining the
vaults, elevators, street banners or decorationsapplicable aggregate limit of insurance, each applicable aggregate limit of insurance, each
for which that state or political subdivision hasÐprojectÑat the same ÐlocationÑ shall be ÐprojectÑat the same ÐlocationÑ shall be
issued such permit.
considered a single ÐprojectÑ.considered a single ÐprojectÑ.
2.Any state or political subdivision that has issuedFor the purposes of this provision, ÐlocationÑ For the purposes of this provision, ÐlocationÑ
a permit, but only with respect to Ðbodily injuryÑ,means means
Ðproperty damageÑ,Ðpersonal and advertising
1.1.Premises involving the same or connectingPremises involving the same or connecting
injuryÑarising out of operationsperformed by
lotslots;;
you or on your behalffor which that state or
2.2.PrPremises where connection is interruptedemises where connection is interrupted
political subdivision has issued such permit.
only by a street, roadway, waterway or right-only by a street, roadway, waterway or right-
However, no such state or political subdivision is
of-way of a railroad; orof-way of a railroad; or
an insured for:
3.3.Premises where operations are performed inPremises where operations are performed in
a.ÐBodily injuryÑ,Ðproperty damageÑ,Ðpersonal
sections, stages or phases as a continuationsections, stages or phases as a continuation
and advertising injuryÑarising out of op-
of the same contract or agreement, even ifof the same contract or agreement, even if
erations performed for that state or political
the premises donot involve connecting lots.the premises donot involve connecting lots.
subdivision; or
Subject to Paragraph Subject to Paragraph a.a.or or b.b.above, whichever above, whichever
b.ÐBodily injuryÑor Ðproperty damageÑincluded
applies, the Damage To Premises Rented To applies, the Damage To Premises Rented To
within the Ðproducts-completed operations
You Limit is the most we will pay for damages You Limit is the most we will pay for damages
hazardÑ.
because of Ðproperty damageÑto any one because of Ðproperty damageÑto any one
M.GeneralAggregateLimit ÎPerProjectOrPerM.GeneralAggregateLimit ÎPerProjectOrPer
premises, while rented to you, or in the case of premises, while rented to you, or in the case of
LocationLocation
fire; explosion; lightning; smoke resulting from fire; explosion; lightning; smoke resulting from
Section II D. Liability And Medical ExpensesSection II D. Liability And Medical Expenses such fire, explosion or lightning; or water while such fire, explosion or lightning; or water
while
Limits of Insurance,Limits of Insurance,Paragraph Paragraph 4.Aggregat4.Aggregatee rented to you or temporarily occupied by you rented to you or temporarily occupied by you
LimitsLimits.. is deleted and replaced by the following: is deleted and replaced by the following:with permission of the owner.with permission of the owner.
4.Aggregate Limits4.Aggregate Limits
The Limits of Insurance of The Limits of Insurance of SECTION II ÎSECTION II Î
LIABILITYLIABILITY apply separately to each consecutive apply separately to each consecutive
The most we will pay for:The most we will pay for:
annual period and to any remaining period of annual period and to any remaining period of
a.a.All Ðbodily injuryÑand Ðproperty damageÑthaAll Ðbodily injuryÑand Ðproperty damageÑthatt
less than twelve (12)months, starting with the less than twelve (12)months, starting with the
isis included in the Ðproducts-completed included in the Ðproducts-completed
beginning of the policy period shown in the beginning of the policy period shown in the
operations hazardÑis twice the Liability anoperations hazardÑis twice the Liability andd
Declarations, unless the policy period is Declarations, unless the policy period is
MedMedical Expenses limit.ical Expenses limit.
extended after issuance for an additional period extended after issuance for an additional period
of less than twelve (12)months. In that case, the of less than twelve (12)months. In that case, the
b.b.All:All:
additional period will be deemed part of the last additional period will be deemed part of the last
(1)(1)ÐBodily injuryÑandÐBodily injuryÑand ÐÐ property damageÑproperty damageÑ
preceding period for purposes of determining the preceding period for purposes of determining the
except damages because of "bodily in-except damages because of "bodily in-
Limits of Insurance.Limits of Insurance.
jury" or Ðproperty damageÑincluded injury" or Ðproperty damageÑincluded in
N.Knowledge And Notice Of Occurrence Or
the Ðproducts-completed operationsthe Ðproducts-completed operations
Offense
hazardÑ;hazardÑ;
The following is added to Section IIE.2. Liability
(2)(2)Plus medical expensesPlus medical expenses;;
and Medical Expenses General Conditions,
(3(3))Plus all Ðpersonal and advertising injuryÑPlus all Ðpersonal and advertising injuryÑ
Duties In The Event of Occurrence, Offense,
caused by offenses committed;caused by offenses committed;
Claim Or Suit:
PPB 31611 13Page 5of 7
9:569835!}!22036.37!HM-!BVUP-!FYDFTT-!XD!'!QM!!}!)BWD*!Cfuuz!Usbo!}!303703137!4;13;66!QN!)QTU*!}!Qbhf!:!pg!32
Notice of an ÐoccurrenceÑor of an offense which Protective Liability insurance available to an
may result in a claim must be given as soon as insured , whether primary, excess, contingent or
practicable after knowledge of the ÐoccurrenceÑor on any other basis, except for the insurance
offense has been reported to you, one of your purchased specifically by you to apply in excess
Ðexecutive officersÑ(if you are a corporation), one of
of the Limits of Insurance shown in the
your partners who is an individual (if you are a
declarations for this Coverage Part.
partnership), one of your managers (if you are a
Q.Amended Personal And Advertising Injury
limited liability company), one of your trustees who is
Definition ÎElectronic Material
an individual (if you are a trust), or an ÐemployeeÑ
(such as an insurance, loss control or risk manager 1.The definition of Ðpersonal and advertising
or administrator) designated by you to give such
injuryÑ in Section IIF.14.d.Liability And
notice.d
Medical Expenses Definitions is deleted an
replaced by the following:
Knowledge by any other ÐemployeeÑof an Ðoccur-
d.Oral, written or electronic publication, in any
renceÑor offense does not imply that you also have
manner, of material that slanders or libels a
such knowledge.
person or organization or disparages a
Notice of an ÐoccurrenceÑor of an offense which
personÓs or organizationÓs goods,products
may result in a claim will be deemed to be given as
or services;
soon as practicable to us if it is given in good faith as
2.The definition of Ðpersonal and advertising
soon as practicable to your workers' compensation,
injuryÑ in Section IIF.14.e. Liability And
accident, or health insurer. This applies only if you
Medical Expenses Definitions is deleted and
subsequently give notice of the ÐoccurrenceÑor
replaced by the following:
offense to us as soon as practicable after you, one
of your Ðexecutive officersÑ(if you are a corporation),
e.Oral, written or electronic publication, in any
one of your partners who is an individual (if you are
manner, of material that violates a personÓs
a partnership), one of your managers (if you are a
right of privacy;
limited liability company), one of your trustees who is
3.Section IIB.1.p.(2) Exclusions for Personal
an individual (if you are a trust), or an ÐemployeeÑ
And Advertising Injury is deleted and replaced
(such as an insurance, loss control or risk manager
by the following:
or administrator) designatedby you to give such
notice discovers that theÐoccurrenceÑor offense
(2)Arising out of oral, written or electronic
may involve this policy.
publication of material if done by or at the
direction of the insured with knowledge of its
O.AmendedBodily InjuryDefinition
falsity;
The definition of Ðbodily injuryÑ in Section IIF.3.
4.Section IIB.1.p.(2) Exclusions for Personal
Liability And Medical Expenses Definitions is
And Advertising Injury is deleted and replaced
deleted and replaced by the following:
by the following:
ÐBodily injuryÑ means injury to the body, sickness,
(3)Arising out of oral, written or electronic pub-
disease, or death. ÐBodily injuryÑalso means mental
licationof material whose first publication
injury, mental anguish, emotional distress, pain and
took place before the beginning of the policy
suffering, or shock resulting from injury to the body,
period;
sickness, disease or death of any person.
R.Unintentional Omission
P.AmendedInsuredContractDefinition Î
ConstructionOrDemolitionOperationsWithin
The following is added to SECTION IIIÎCOMMON
50'OfRailroad
POLICY CONDITIONS Paragraph C. Concealment,
Misrepresentation Or Fraud(BUT APPLICABLE
1.The definition of Ðinsured contractÑ in Section II
ONLY TO SECTION IIÎLIABILITY)
F.9.c.Liability And Medical Expenses Defi-
However as it pertains to Business Liability Cover-
nitions is deleted and replaced by the following:
age only, the unintentional omission of, or uninten-
c.Any easement or license agreement
tional error in, any information provided by you
which we relied upon in issuing this policy shall not
2.The definition of Ðinsured contractÑ in Section II
prejudice your rights under this insurance. This pro-
F.9.f.(1) Liability And Medical Expenses
vision does not affect our right to collect additional
Definitions is deleted.
premium or to exercise our right of cancellation or
3.The insurance provided by this provision shall
nonrenewal in accordance with applicable insurance
be excess over any valid and collectible Railroad
laws or regulations.
PPB 31611 13Page 6of 7
9:569835!}!22036.37!HM-!BVUP-!FYDFTT-!XD!'!QM!!}!)BWD*!Cfuuz!Usbo!}!303703137!4;13;66!QN!)QTU*!}!Qbhf!21!pg!32
S.Waiver Of Transfer Of Rights Of Recoveryb.Ongoing and completed operations per-
Against Others To Us formed by you, or on your behalf, under a
contract or agreement with that person or
SECTION IIIÎCOMMON POLICY CONDITIONS
organization;
Paragraph K.2. Transfer of Rights of Recovery
Against Others to Us(BUT APPLICABLE ONLYc.Your ÐworkÑ; or
TO SECTION IIÎLIABILITY) is deleted and
d.ÐYour productsÑ.
replaced by the following:
We waive these rights only where you have
2.Applicable to Business Liability Coverage:
agreed to do so as part of a contract or agree-
We waive any rights of recovery we may havement entered into by you before the Ðbodily
against any person or organization because ofinjuryÑor Ðproperty damageÑoccurs or the
payments we make for Ðbodily injuryÑ,ÐpropertyÐpersonal and advertising injuryÑoffense is
damageÑ,Ðpersonal injury and advertising injuryÑcommitted.
arising out of:
a.Premises owned by you, temporarily occu-
pied by you with permission of the owner, or
leased or rented to you;
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPB 31611 13Page 7of 7
9:569835!}!22036.37!HM-!BVUP-!FYDFTT-!XD!'!QM!!}!)BWD*!Cfuuz!Usbo!}!303703137!4;13;66!QN!)QTU*!}!Qbhf!22!pg!32
QTB1114443
Y!Fohjoffsjoh!'!Dpotvmujoh
220203136
Djuz!pg!Tboub!Bob-
jut!pggjdfst-!pggjdjbmt!boe!fnqmpzfft
9:569835!}!22036.37!HM-!BVUP-!FYDFTT-!XD!'!QM!!}!)BWD*!Cfuuz!Usbo!}!303703137!4;13;66!QN!)QTU*!}!Qbhf!23!pg!32
QTB1114443
Policy Number: RLI Insurance Company
Named Insured:
Y!Fohjoffsjoh!'!Dpotvmujoh
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
®
RLIPack BUSINESS AUTO ENHANCEMENT
SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A.Broad Form Named Insured
B.Employees As Insureds
C.Blanket Additional Insured
D.Blanket Waiver Of SubrogationD.Blanket Waiver Of Subrogation
E.Employee Hired Autos
F.Fellow Employee Coverage
G.Auto Loan Lease Gap Coverage
H.Glass Repair Î Waiver Of Deductible
I.Personal Effects Coverage
J.Hired Auto Physical Damage Coverage
K.Hired Auto Physical Damage Î Loss Of Use
L.Hired Car Î Worldwide Coverage
M.Temporary Transportation Expenses
N.Amended Bodily Injury Definition Î Mental Anguish
O.Airbag Coverage
P.Amended Insured Contract Definition Î Railroad Easement
Q.Coverage Extensions Î Audio, Visual And Data Electronic Equipment Not Designed Solely For The
Production Of Sound
R.Notice Of And Knowledge Of Occurrence
S.Unintentional Errors Or Omissions
T.Towing Coverage
PPA 300 03 13 Page 1 of 5
9:569835!}!22036.37!HM-!BVUP-!FYDFTT-!XD!'!QM!!}!)BWD*!Cfuuz!Usbo!}!303703137!4;13;66!QN!)QTU*!}!Qbhf!24!pg!32
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A.Broad Form Named Insured
ofofof the operations contemplated by such contract. The the operations contemplated by such contract. The
waiver applies only to the person or organization waiver applies only to the person or organization
The following is added to the SECTION II Î
designated in such contract. designated in such contract.
COVERED AUTOS LIABILITY COVERAGE, Para-
graph A.1. Who Is An Insured Provision:E.Employee Hired Autos
1.The following is added to the SECTION II Î
Any business entity newly acquired or formed by you
during the policy period, provided you own fifty COVERED AUTOS LIABILITY COVERAGE,
percent (50%) or more of the business entity and theParagraph A.1. Who Is An Insured Provision:
business entity is not separately insured for Bus-iness
An Ð employee Ñ of yours is an Ð insured Ñ while
Auto Coverage. Coverage is extended up to a
operating an Ð auto Ñ hired or rented under a
maximum of one hundred eighty (180) days following
contract or agreement in that Ð employee's Ñ name,
the acquisition or formation of the business entity.
with your permission, while performing duties
This provision does not apply to any person orrelated to the conduct of your business.
organization for which coverage is excluded by
2.Changes In General Conditions:
endorsement.
Paragraph 5.b. of the Other Insurance Con-
B.Employees As Insureds
dition in the BUSINESS AUTO CONDITIONS is
The following is added to the SECTION II Î
deleted and replaced with the following:
COVERED AUTOS LIABILITY COVERAGE, Para-
b.For Hired Auto Physical Damage Coverage,
graph A.1. Who Is An Insured Provision:
the following are deemed to be covered
Any Ð employee Ñ of yours is an Ð insured Ñ while using a Ð autos Ñ you own:
covered Ð auto Ñ you don't own, hire or borrow in your
(1)Any covered Ð auto Ñ you lease, hire, rent
business or your personal affairs.
or borrow; and
C.Blanket Additional Insured
(2)Any covered Ð auto Ñ hired or rented by
The following is added to the SECTION II Î
your Ð employee Ñ under a contract in that
COVERED AUTOS LIABILITY COVERAGE, Para-
individual Ð employee's Ñ name, with your
graph A.1. Who Is An Insured Provision:
permission, while performing duties
related to the conduct of your business.
Any person or organization that you are required to
However, any Ð auto Ñ that is leased, hired,
include as an additional insured on this coverage form
rented or borrowed with a driver is not a
in a contract or agreement that is executed by you
covered Ð auto Ñ.
before the Ð bodily injury Ñ or Ð property damage Ñ occurs
is an Ð insured Ñ for liability coverage, but only for F.Fellow Employee Coverage
damages to which this insurance applies and only to
SECTION II Î COVERED AUTOS LIABILITY
the extent that person or organization qualifies as an
COVERAGE, Exclusion B.5. does not apply if you
Ð insured Ñ under the Who Is An Insured provision
have workers compensation insurance in-force
contained in SECTION II Î COVERED AUTOS
covering all of your employees.
LIABILITY COVERAGE.
G.Auto Loan Lease Gap Coverage
TThe insurance provided to the additional insured willhe insurance provided to the additional insured will
be on a primary and non-cobe on a primary and non-contributory basis to thentributory basis to the
SECTION III Î PHYSICAL DAMAGE COVERAGE,
additional insuredÓs own business auto coadditional insuredÓs own business auto co verage ifverage if
C.Limit Of Insurance, is amended by the addition of
you are required to do so in a contract or agreemyou are required to do so in a contract or agreementent
the following:
that that is executed by you before the is executed by you before the ÐÐ bodily injurybodily injury Ñ Ñ oror
In the event of a total Ð loss Ñ to a covered Ð auto Ñ shown
ÐÐ property damageproperty damage Ñ Ñ occursoccurs..
in the Schedule of Declarations, we will pay any
unpaid amount due on the lease or loan for a covered
D.D.Blanket Waiver Of SubrogationBlanket Waiver Of Subrogation
Ð auto Ñ, less:
The following is added to the The following is added to the SECTION IV SECTION IV ÎÎ BUSI- BUSI-
1.The amount paid under the PHYSICAL
NESNESS AUTO CONDITIONS, A. Loss Conditions, 5.S AUTO CONDITIONS, A. Loss Conditions, 5.
DAMAGE COVERAGE section of the policy; and
Transfer Of Rights Of Recovery Against OthersTransfer Of Rights Of Recovery Against Others
To UsTo Us::
2.Any:
WWe waive any right of recovery we may have agaie waive any right of recovery we may have againstnst
of
a.Overdue lease/loan payments at the time
anany person or organization to the extent required ofy person or organization to the extent required of
the Ð loss Ñ;
you by a contract executed prior to any you by a contract executed prior to any ÐÐ accidentaccident Ñ Ñ oror
ÐÐ lossloss ÑÑ, provided that the , provided that the ÐÐ accidentaccident Ñ Ñ or or ÐÐ lossloss Ñ Ñ arises outarises out
PPA 300 03 13 Page 2 of 5
9:569835!}!22036.37!HM-!BVUP-!FYDFTT-!XD!'!QM!!}!)BWD*!Cfuuz!Usbo!}!303703137!4;13;66!QN!)QTU*!}!Qbhf!25!pg!32
b. Financial penalties imposed under a lease for (2) An adjustment for depreciation and physical
condition will be made in the event of a total
excessive use, abnormal wear and tear or
Ð loss Ñ.
high mileage.
c. Security deposits not returned by the lessor; (3) If a repair or replacement results in better
than like kind or quality, we will not pay for the
d. Costs for extended warranties, Credit Life
betterment.
Insurance, Health, Accident or Disability
Insurance purchased with the loan or lease; (4) A deductible equal to the highest Physical
and Damage deductible applicable to any owned
auto will apply.
e. Carry-over balances from previous loans or
leases. (5) This Coverage Extension will not apply to:
H. Glass Repair Î Waiver Of Deductible
(a) Any Ð auto Ñ that is hired, rented or
borrowed with a driver; or
SECTION III Î PHYSICAL DAMAGE COVERAGE,
D. Deductible is amended by adding the following:
(b) Any Ð auto Ñ that is hired, rented or
borrowed from your Ð employee Ñ.
No deductible for a covered Ð auto Ñ will apply to glass
K. Hired Auto Physical Damage Î Loss Of Use
damage if the glass is repaired rather than replaced.
I. Personal Effects Coverage The following is added to SECTION III Î PHYSICAL
DAMAGE COVERAGE, A. Coverage, 4. Coverage
The following is added to SECTION III Î PHYSICAL
Extensions:
DAMAGE COVERAGE, A. Coverage, 4. Coverage
Extensions: e. We will pay sums which you legally must pay to
the lessor of a covered Ð auto Ñ which you have
c. Personal Effects Coverage
leased without a driver for thirty (30) days or less
for the lessorÓs loss of use of the covered Ð auto Ñ,
In the event of a total theft loss of your covered
provided:
Ð auto Ñ we will pay up to $400 for Ð loss Ñ to wearing
apparel and other personal effects which are:
(1) This insurance provides comprehensive,
specified causes of loss or collision covered
(1) Owned by an Ð insured Ñ; and
on the covered Ð auto Ñ;
(2) In or on your covered Ð auto Ñ;
(2) The loss of use results from the covered
No deductible applies to Personal Effects
Ð auto Ñ being damaged in an Ð accident Ñ while
Coverage.
you are leasing it.
J. Hired Auto Physical Damage Coverage
We will pay up to a maximum limit of $1,500 for
this covered extension.
The following is added to SECTION III Î PHYSICAL
DAMAGE COVERAGE, A. Coverage, 4. Coverage
L. Hired Car Î Worldwide Coverage
Extensions:
The following is added to SECTION II Î COVERED
d. Hired Auto Physical Damage Coverage
AUTOS LIABILITY COVERAGE, A.2. Coverage
Extensions:
If hired Ð autos Ñ are covered Ð autos Ñ for Liability
Coverage and this policy also provides Physical
f. Hired Car Î Worldwide Coverage
Damage Coverage for an owned Ð auto Ñ, then the
(1) We will pay all sums an Ð insured Ñ legally must
Physical Damage Coverage is extended to
pay as damages because of Ð bodily injury Ñ or
Ð autos Ñ that you hire, rent or borrow subject to the
Ð property damage Ñ to which this insurance
following:
applies, caused by an Ð accident Ñ which
(1) The most we will pay for Ð loss Ñ in any one
occurs outside of the United States of
Ð accident Ñ to a hired, rented or borrowed
America, the territories and possessions of
Ð auto Ñ is the lesser of:
the United States of America, Puerto Rico
and Canada resulting from the maintenance,
(a) $60,000
or use of any covered Ð auto Ñ of the private
(b) The actual cash value of the damaged or
passenger type you lease, hire, rent or
stolen property as of the time of the
borrow without a driver for thirty (30) days or
Ð loss Ñ; or
less.
(c) The cost of repairing or replacing the
(2) With respect to any claim made or Ð suit Ñ
damaged or stolen property with other
instituted outside the United States of
property of like kind and quality.
America, the territories and possessions of
the United States of America, Puerto Rico,
and Canada:
PPA 300 03 13 Page 3 of 5
9:569835!}!22036.37!HM-!BVUP-!FYDFTT-!XD!'!QM!!}!)BWD*!Cfuuz!Usbo!}!303703137!4;13;66!QN!)QTU*!}!Qbhf!26!pg!32
M. Temporary Transportation Expenses
(a) You shall undertake the investigation,
settlement and defense of such claims
SECTION III Î PHYSICAL DAMAGE COVERAGE,
and Ð suits Ñ and keep us advised of all
A.4. Coverage Extensions, subparagraph a.
proceedings and actions.
Transportation Expenses is deleted and replaced
(b) You will not make any settlement without
by the following:
our consent.
a. Transportation Expenses
(c) We will reimburse you:
(1) We will pay up to a maximum of $1,500 for
(i) For the amount of damages be-
temporary transportation expense incurred
cause of liability imposed upon you
by you because of Physical Damage to a
by law on account of Ð bodily injury Ñ or
covered Ð auto Ñ.
Ð property damage Ñ to which this
(2) We will pay only for those covered Ð autos Ñ for
insurance applies, and
which you carry Comprehensive, Colli-sion or
(ii) For all reasonable expenses incurred
Specified Case of Loss Coverage.
with our consent in connection with
(3) We will pay only for those expenses incurred
the investigation, settlement or
by you during the period of time that begins
defense of such claims or Ð suits Ñ.
twenty-four (24) hours after the covered
Reimbursement for expenses will be
Ð loss Ñ and ends at the time when the covered
part of the Limit of Insurance for
Ð auto Ñ can be reasonable repaired or
liability coverage shown in the
replaced.
Business Auto Coverage
Declarations, and not in addition to
(4) This coverage does not apply while there are
such limits.
spare or reserve Ð autos Ñ available to you for
(3) The limit of Insurance for Liability Coverage
your operations.
shown in the Business Auto Coverage
N. Amended Bodily Injury Definition Î Mental
Declarations is the most we will reimburse
Anguish
you for the sum of all damages imposed on
you, as set forth in paragraph 2.c. above, and
The following is added to SECTION V Î
all expenses incurred by you arising out of
DEFINITIONS, Definition C.:
any single Ð accident Ñ or Ð loss Ñ.
Ð Bodily injury Ñ also includes mental anguish, but only
(4) You must maintain the greater of the follow-
when the mental anguish arises from other bodily
ing primary auto liability insurance limits:
injury, sickness or disease.
(a) Compulsory admitted insurance with
O. Airbag Coverage
limits required to be in force to satisfy the
legal requirements of the jurisdiction
The following is added to SECTION III Î PHYSICAL
where the accident occurs; or
DAMAGE COVERAGE B. Exclusions 3.a.:
(b) Insurance limits required by law and
However, this exclusion will not apply to accidental
issued by a government entity or by an
discharge of an airbag due to mechanical or electrical
insurer licensed or permitted by law to do
breakdown.
business in the jurisdiction where the
P. Amended Insured Contract Definition Î Railroad
Ð accident Ñ occurs; or
Easement
(c) Auto liability insurance limits of at least
SECTION V Î DEFINITIONS paragraph H. Ð Insured
$300,000 combined single limit or
contact Ñ is modified as follows:
$100,000 per person/$300,000 per acci-
dent Bodily Injury, $100,000 Property
1. Paragraph H.3. is replaced by the following:
Damage.
3. Any easement or license agreement.
If you fail to comply with the above, this
insurance is not invalidated. However, in the
2. Paragraph H.6.a. is deleted.
event of a Ð loss Ñ, we will pay only to the extent
Q. Coverage Extensions Î Audio, Visual And Data
that we would have been liable had you so
Electronic Equipment Not Designed Solely For
complied.
The Production Of Sound
(5) The insurance provided by this coverage
SECTION III Î PHYSICAL DAMAGE COVERAGE B.
extension is excess over any other collec-
Exclusions, exception paragraph a. to exclusion 4.c.
tible insurance available to you whether on a
and 4.d. is deleted and replaced with the following:
primary, excess contingent or any other
basis.
PPA 300 03 13 Page 4 of 5
9:569835!}!22036.37!HM-!BVUP-!FYDFTT-!XD!'!QM!!}!)BWD*!Cfuuz!Usbo!}!303703137!4;13;66!QN!)QTU*!}!Qbhf!27!pg!32
a.Equipment and accessories used with such(2)A partner if you are a partnership; or
equipment, except for tapes, records, discs or
(3)An executive officer or insurance manager, if
other electronic media device, provided such
you are a corporation.
equipment is permanently installed in the covered
Ð auto Ñ at the time of the Ð loss Ñ or is removable
S.Unintentional Errors Or Omissions
from the housing unit which is permanently
SECTION IV Î BUSINESS AUTO CONDITIONS, B.
installed in the covered Ð auto Ñ at the time of the
General Conditions; 2. Concealment Misrepre-
Ð loss Ñ, and such equipment is designed to be
sentation Or Fraud is amended by adding the
solely operated by use of the power from the
following:
Ð autos Ñ electrical system, in or upon the covered
Ð autos Ñ; or
The unintentional omission of, or unintentional error
in, any information given by you shall not prejudice
R.Notice Of And Knowledge Of Occurrence
your rights under this insurance. However this pro-
SECTION IV Î BUSINESS AUTO CONDITIONS,
vision does not affect our right to collect additional
A.2. Duties In The Event Of Accident, Claim Suit
premium or exercise our right of cancellation or
Or Loss, subparagraph a. is deleted and replaced
nonrenewal.
with the following:
T.Towing Coverage
a.In the event of Ð accident Ñ, claim, Ð suit Ñ or Ð loss Ñ,
SECTION III Î PHYSICAL DAMAGE COVERAGE,
you must give us or our authorized repre-
A.2. Towing, is deleted and replaced by the
sentative prompt notice of the Ð accident Ñ or Ð loss Ñ
following:
including:
2.We will pay up to $750 for towing and labor costs
(1)How, when and where the Ð accident Ñ or Ð loss Ñ
incurred each time a covered Ð auto Ñ is disabled
occurred;
due to a covered cause of loss. However:
(2)The ÐinsuredÓsÑ name and address; and
a.All labor must be performed at the place of
(3)To the extent possible, the names and
disablement; and
addresses of any injured person and
b.If the covered auto is a private passenger
witnesses.
type no deductible applies; and
Your duty to give us or our authorized
c.If the covered auto is not of the private
representative prompt notice of the Ð accident Ñ or
passenger type our obligation to pay will be
Ð loss Ñ applies only when the Ð accident Ñ or Ð loss Ñ is
reduced by a $250 deductible per
known to:
disablement.
(1)You, if you are an individual;
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPA 300 03 13Page 5 of 5
9:569835!}!22036.37!HM-!BVUP-!FYDFTT-!XD!'!QM!!}!)BWD*!Cfuuz!Usbo!}!303703137!4;13;66!QN!)QTU*!}!Qbhf!28!pg!32
Policy Number: RLI Insurance Company
QTF1116963
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
®
RLIPack FOR DESIGN PROFESSIONALS
EXCESS LIABILITY ENHANCEMENT
SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A.A.General Aggregate Limit Î Per Project Or Per LocGeneral Aggregate Limit Î Per Project Or Per Locationation
B.B.Additional Insured Î Primary/Non-contributoryAdditional Insured Î Primary/Non-contributory
C.C.Waiver Of Transfer Of Rights Of Recovery Against Others To UsWaiver Of Transfer Of Rights Of Recovery Against Others To Us
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE FORM
A.A.General AgGeneral Aggregate Limit Î Per Project Or Pergregate Limit Î Per Project Or Per(3)(3)premipremises where operations are performses where operations are performed ined in
LocaLocationtion sesections, stages or phases as a continuactions, stages or phases as a continuationtion
of the same of the same contract or agreement, even ifcontract or agreement, even if
Paragraph Paragraph 2.a.2.a. of of C. Limits of LiabilityC. Limits of LiabilityC. Limits of Liability of of SECTIONSECTION
the premithe premises do not involve connecting ses do not involve connecting lots.lots.
I Î INSURING AGREEMENTI Î INSURING AGREEMENT is is deleted anddeleted and
replaced by the followireplaced by the following:ng:B.B.Additional Insured Î Primary/Non-contributoryAdditional Insured Î Primary/Non-contributory
a.a.The limit of liability stated in the DeclaThe limit of liability stated in the Declarations asrations asParagraph Paragraph K. Other InsuranceK. Other Insurance of of SECTION IV
ÎSECTION IV Î
genegeneral aggregate is the most we will pay durinral aggregate is the most we will pay duringg COCONDITIONSNDITIONS is deleted and replaced by the is deleted and replaced by the
each policyeach policy period for all ultimate period for all ultimate net loss,net loss,following:following:
except ultimate net loss because of:except ultimate net loss because of:
K.OtheK.Other Insurancer Insurance
(1(1))injury and damage included in the products-injury and damage included in the products-
If other insurance, whether collectible If other insurance, whether collectible or not, isor not, is
completed operations hazard or;completed operations hazard or;
available to available to the insured covering a loss alsothe insured covering a loss also
(2)(2) any coverage included in any coverage included in underlyingunderlying covered by this policy, the insurance afforded bycovered by this policy, the insurance afforded by
insurance insurance to which no underlying aggregateto which no underlying aggregatethis policy shall be in excess of, and shall notthis policy shall be in excess of, and shall not
applies.applies.contribute with, such other insurance. However,contribute with, such other insurance. However,
if the if the underlying insuranceunderlying insurance provides provides coveragecoverage
The general aggregate applies separately to The general aggregate applies separately to
to an additionto an additional insured on a primary basis, or aal insured on a primary basis, or a
each of your ÐprojectsÑ away from premises each of your ÐprojectsÑ away from premises
primary and non-contributory basis, this insur-primary and non-contributory basis, this insur-
owned by or occupied by you or to each of your owned by or occupied by you or to each of your
ance shall be available to such additionalance shall be available to such additional
locations owned by or occupied by you. locations owned by or occupied by you.
insured on an excess basis over the underlyinginsured on an excess basis over the underlying
otherother
insurance. We will not share with insurance. We will not share with
ÐProjectsÑ mean an area away from premises ÐProjectsÑ mean an area away from premises
insuinsurance which covers such additional insuredrance which covers such additional insured
owned by or rented to you at which you are owned by or rented to you at which you are
as a named insured.as a named insured.
performing operations pursuant to a contract or performing operations pursuant to a contract or
agreement. For the purposes of determining the agreement. For the purposes of determining the
C.WaivC.Waiver Of Transfer Of Rights Of Recoveryer Of Transfer Of Rights Of Recovery
applicable aggregate limit of insurance, each applicable aggregate limit of insurance, each
Against OtheAgainst Others To Usrs To Us
"project" at the same ÐlocationÑ shall be "project" at the same ÐlocationÑ shall be
considered a single "project". considered a single "project". ParagParagraph raph L. Subrogation L. Subrogation ofof SECTION IV ÎSECTION IV Î
CONDITIONS CONDITIONS is delet is deleted and replaceded and replaced by the by the
For the purposes of this provision, ÐlocationÑ For the purposes of this provision, ÐlocationÑ
following:following:
means means
(1)(1)premipremises involving the same or connecses involving the same or connectingting
lotslots;;
(2)(2)premipremises where connection is interruses where connection is interruptedpted
only by a stonly by a street, roadway, waterway or right-reet, roadway, waterway or right-
of-way of a railroad; orof-way of a railroad; or
PPU 304 06 10 Page 1 of 2
9:569835!}!22036.37!HM-!BVUP-!FYDFTT-!XD!'!QM!!}!)BWD*!Cfuuz!Usbo!}!303703137!4;13;66!QN!)QTU*!}!Qbhf!29!pg!32
L. SubrogationL. Subrogation Any amount recovered through subrogation or Any amount recovered through subrogation or
otherwise shall be apportioneotherwise shall be apportioned in the inverse order d in the inverse order
In the event of any payment under this policy, the In the event of any payment under this policy, the
of payment of the claim or claims involved to the of payment of the claim or claims involved to the
insured must notify us of any of the insured's rights insured must notify us of any of the insured's rights
extent of actual payment thereof by all interests. The extent of actual payment thereof by all interests. The
of recovery against any person or organization. We of recovery against any person or organization. We
expenses of all such recoveries and proceedings in expenses of all such recoveries and proceedings in
shall be subrogated to all such rights. The shall be subrogated to all such rights. The
connection therewith shall be apportioned in the connection therewith shall be apportioned in the
insured shall execute and deliver instruments insured shall execute and deliver instruments
ratio of respective recoveries. With respect to ratio of respective recoveries. With respect to
and papers and do whatever else is necessary to and papers and do whatever else is necessary to
proceedings conducted solely by us, if there is no proceedings conducted solely by us, if there is no
secure such rights. The insured shall do nothing secure such rights. The insured shall do nothing
recovery, we will bear the expense thereof. If there recovery, we will bear the expense thereof. If there
after loss to prejudice such rights. However we after loss to prejudice such rights. However we
is a recovery, we shall be reimbursed in full from is a recovery, we shall be reimbursed in full from
waive any rights of recovery we may have waive any rights of recovery we may have
such recovery for the amsuch recovery for the amount of all expenses ount of all expenses
against any person or organization if the against any person or organization if the
incurred by us before apportionment of such incurred by us before apportionment of such
underlying insuranceunderlying insurance also waives such rights. also waives such rights.
recovery as herein provided. recovery as herein provided.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPU 304 06 10 Page 2 of 2
9:569835!}!22036.37!HM-!BVUP-!FYDFTT-!XD!'!QM!!}!)BWD*!Cfuuz!Usbo!}!303703137!4;13;66!QN!)QTU*!}!Qbhf!2:!pg!32
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICYWC 04 03 06
(Ed. 4-84)
WAIVEROF OUR RIGHTTORECOVER FROMOTHERS ENDORSEMENTCALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforceWe have the right to recover our payments from anyone liable for
an injury covered by this policy. We will not enforce
our right against the person or organization named in the Schedule. (This agreement applies only to the extent thatour right against the person or organization named in the Schedule.
(This agreement applies only to the extent that
you perform work under a written contract that requires you to obtain this agreement from us.)you perform work under a written contract that requires you to obtain this agreement from
us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the
work described in the Schedule.
2
The additional premium for this endorsement shall be _____% of the California workersÓ compensation premium
otherwise due on such remuneration.
Schedule
Person or OrganizationJob Description
Djuz!pg!Tboub!Bob-
Jobs performed for any person or organization that you
jut!pggjdfst-!pggjdjbmt!boe!fnqmpzfft
have agreed with in a written contract to provide this
agreement.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement EffectivePolicy No.Endorsement No.
220203136QTX11155:4
InsuredInsurance Company
RLI Insurance Company
Y!Fohjoffsjoh!'!Dpotvmujoh
Countersigned By
¨1998 by the WorkersÓ Compensation Insurance Rating Bureau of California. All rights reserved.
9:569835!}!22036.37!HM-!BVUP-!FYDFTT-!XD!'!QM!!}!)BWD*!Cfuuz!Usbo!}!303703137!4;13;66!QN!)QTU*!}!Qbhf!31!pg!32
Cfb{mfz!}!B'F!Qspgfttjpobm!Mjbcjmjuz0!NfejbUfdi!}!Qpmjdz!}!Qbhf!21
The RW\\^\[JWLN LXVYJWb will not agree to any settlement without the consent of the RW\\^\[NM. If the
RW\\^\[NM refuses to consent to any settlement recommended by the RW\\^\[JWLN LXVYJWb and
acceptable to the claimant, the RW\\^\[JWLN LXVYJWb k\\ liability for UX\\\\ will not exceed:
i.the amount for which the LUJRV could have been settled, less the remaining Deductible,
plus the MNONW\\N LX\\\]\\ incurred up to the time of such refusal, and
ii.fifty percent (50%) of any MNONW\\N LX\\\]\\ incurred after the date such settlement or
compromise was recommended to the RW\\^\[NM with the remaining fifty percent (50%) of
such MNONW\\N LX\\\]\\ to be borne by the RW\\^\[NM at their own risk and uninsured;
or the applicable Limit of Liability, whichever is less. The portion of any proposed settlement or
compromise that requires the RW\\^\[NM to cease, limit or refrain from actual or alleged infringing or
otherwise injurious activity or is attributable to future royalties or other amounts that are not UX\\\\
shall not be considered in determining the amount for which a LUJRV could have been settled.
Assistance and Cooperation
If any LUJRV or LR\[L^V\\\]JWLN is reported by the RW\\^\[NM under this Policy, the RW\\^\[NM will give all
information and assistance to the RW\\^\[JWLN LXVYJWb as it may need to investigate such matters.
The RW\\^\[NM will cooperate with the RW\\^\[JWLN LXVYJWb in responding to such LUJRV or
LR\[L^V\\\]JWLN. The RW\\^\[NM agrees not to take any action which in any way increases the
RW\\^\[JWLN LXVYJWb k\\ exposure under this Policy.
Upon the RW\\^\[JWLN LXVYJWbd\\ request, the RW\\^\[NM shall assist in making settlements, in the
conduct of suits and in enforcing any right of contribution or indemnity against any person or
organization, and the RW\\^\[NM shall attend hearings and trials and assist in securing and giving
evidence and obtaining the attendance of witnesses.
The RW\\^\[NM shall not admit liability, make any payment, assume any obligations, incur any
expense, enter into any settlement, stipulate to any judgment or award or dispose of any LUJRV
without the written consent of the RW\\^\[JWLN LXVYJWb.
Except where expressly provided for in this Policy, any costs to provide such information or
assistance to the RW\\^\[JWLN LXVYJWb will be at the RW\\^\[NM k\\ own cost.
Other Insurance
This Insurance shall apply in excess of:
(a)any other valid and collectible insurance available to any RW\\^\[NM, including, but not limited to,
any project specific professional liability insurance, contractors pollution liability insurance or
media, technology or cyber liability insurance; and
(b)any self-insured retention or deductible portion thereof,
unless such other insurance is written only as specific excess insurance over the Limit of Liability of
this Policy.
Subrogation and RecoveriesSubrogation and RecoveriesSubrogation and Recoveries
If any payment is made under this Policy, the RW\\^\[NM will transfer its rights of recovery against any
third party to the RW\\^\[JWLN LXVYJWb. The RW\\^\[NM will do whatever is reasonably necessary to
secure and preserve such rights after a LUJRV is first made against them or the date they become
aware of a LR\[L^V\\\]JWLN giving rise to a LUJRV. The . The RW\\^\[JWLN LXVYJWb RW\\^\[JWLN LXVYJWb agrees to waive its rightagrees to waive its right
of recovery against any client of the of recovery against any client of the WJVNM RW\\^\[NM WJVNM RW\\^\[NM for a for a LUJRV LUJRV which is covered under thewhich is covered under the
Architects and Engineers Professional Liability and Pollution Liability Coverages to the extent theArchitects and Engineers Professional Liability and Pollution Liability Coverages to
the extent the
WJVNM RW\\^\[NM WJVNM RW\\^\[NM had, prior to such had, prior to such LUJRV# LUJRV# a written agreement to waive such rights.a written agreement to waive such rights.
A-F00009
092022 ed.
9:569835!}!22036.37!HM-!BVUP-!FYDFTT-!XD!'!QM!!}!)BWD*!Cfuuz!Usbo!}!303703137!4;13;66!QN!)QTU*!}!Qbhf!32!pg!32