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CHARLES ABBOTT ASSOCIATES, INC.
INSURANCE NOT ON FILE A-2024-099-03 WORK MAY NOT_PROCEED CITY CLERK DATE: jUL 2 5 B14 0 . PEA('L� AGREEMENT WITH CHARLES ABBOTT ASSOCIATES, INC. TO PROVIDE ON -CALL ENGINEERING PLAN CHECK SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 16th day of July, 2024 by and between Charles Abbott Associates, Inc., a California corporation ("Contractor"), 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"). RECITALS A. On March 19, 2024, the City issued Request for Proposal ("RFP") No. 24-035, by which it sought qualified firms to provide on -call engineering plan check services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 24-035. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional engineering firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 24-035, which is attached as Exhibit A, and as more specifically delineated in Contractor's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of five (5) contractors selected to provide engineering plan check services on an on -call basis under RFP 24-035. The total annual compensation for the services provided by all such contractors selected under RFP 24-035 shall not exceed the aggregate amount of Three Hundred Thousand Dollars and Zero Cents ($300,000). The total aggregate amount to be expended by all such contractors during the full term of the Agreement, including extension periods, if any, shall not not exceed One Million Five Hundred Thousand Dollars and Zero Cents ($1,500,000). b. Payment by City shall be made within 45 days (forty-five) 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. 3. TERM This Agreement shall commence on the date first written above for an initial three year term and terminate on June 30, 2027, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for a single, two-year extension upon a writing executed by the City Manager and City Attorney, 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws' ), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged -failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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. 6. 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 Contractor under this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor 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, INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. a. Minimum Scope and Limit of Insurance 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 $1,000,000 per occurrence and $2,000,000 aggregate.,Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1) with a limit no less than $1,000,000 combined single limits. 3. Workers' Compensation: 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. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. S. Broader Coverage: if the Contractor 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 Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions I. Additional Insured Status: The City, its City Council, its officers, officials, employees, and volunteers are to be covered as additional insureds on the Contractor's CGL, Professional Liability, and Automobile Liability policies, with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. 2. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 3. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 4. Severability of Interest: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, voided, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non - renewal due to non-payment of premium. Contractor shall provide 30 days' advanced written notice to City if any policy is reduced in coverage or in limits. 6. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require Contractor 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. 7. 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. & Claims Made Policies: If any of the required policies provide coverage on a claims - made basis: (1) the Retroactive Date must be shown and must be before the date of the contract; (2) Insurance must be maintained and evidence of insurance must be provided for at least three years after completion of work; (3) 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, Contractor must purchase "extended reporting" coverage for a minimum of three years after completion of work. 9. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby 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 Contractor'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. 10. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on 'insurance required from subcontractors. 11. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances, 8. INDEMNIFICATION Contractor 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 Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I 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. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable reliefdue to personal or property rights arises 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 Contractor'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 that arise out of pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 4. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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 Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 ofthree (3) years, or for any longer period required by law, from the date offinal payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor 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. 13. NON-DISCRIMINATION Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In 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 Contractor, 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 Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any patty, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor 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 Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. The Contractor may terminate this Agreement by providing City with sixty (60) days' advanced written notice. 17. 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. 18, 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. 19. PROFESSIONAL LICENSES Contractor 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. Contractor 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. 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. 21. 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: 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 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-5635 To Contractor: Mike Podegracz, PE, Director Charles Abbott Associates, Inc. 27201 Puerta Real, #200 Mission Viejo, CA 92691 mikepodegracz c(✓7i caa.inc 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: L. APPROVED AS TO FORM: SONIAR. CARVALHO City Attorney By: Kyle lesen Assistant City Attorney RECOMMENDED FOR APPROVAL: lly signed by Nabil Saba Da[el2024.07.021133 Nabil MSaba nro0r Nabil Saba Executive Director Public Works Agency CITY OF SA TA ANA Alvaro Nunez Acting City Manager CHARLES ABBOTT ASSOCIATES, INC: Name: Q Title: JL EXHIBIT A - SCOPE OF WORK Appendix ATTACHMENT 1 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING PLAN CHECK SERVICES RFP NO.24-035 INTRODUCTION The City of Santa Ana is located in the County of.Orange in Southern California. The City encompasses 27.5 square miles and a population of over 325,000 people.. 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 plan check services for a variety of projects 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 Public Works Engineering plan check services. The plan check may include street improvement plans, grading plans, water quality management plans, storm drain improvement plans, singing and striping plans, traffic studies, traffic signal plans, signal modifications, street lighting plans, traffic control plans, landscape and irrigation plans, land survey documents such as: tract maps, parcel maps, dedication legal description. In the past, the City has utilized professional and administrative staff on as needed basis to meet the goals and objectives of the City in the delivery of quality and on time services. The staff services are an extension to the current workforce and work in conjunction to better serve and complement the needs of the Public Works Agency. In summary, the City of Santa Ana is soliciting proposals from qualified firms to provide engineering and survey plan check services for Public Works. This request for proposal (RFP) provides interested qualified firms with the information enabling them to submit a Service Bid Proposal and to provide the services described herein. The City may select up to five (5) consultants to provide the services described herein. Description of Work: On as needed basis, the Consultant/s will provide the City with engineering and land surveying plan check services to the Public Work Department. The work consists of general engineering plan check for offsite improvements related to land development projects in the City. City of Santa Ana RFP 24-035 Page Al-1 The various plan check services will be for the following areas, including but not limited to: - Street Improvement Plans - Grading Plans - Water Quality Management Plans - Geolechnical Reports - Land Surveying - Legal Description of Dedication Final Map Plan Check o Landscape Architectural and Irrigation - Environmental Transportation/Traffic Studies - Signing and Striping Plans - Traffic Signal Plans Street Lighting Plans In addition to general engineering design projects Consultants may be asked to perform the duties of the City Land Surveyor and sign Final Maps. Consultant Responsibilities: On an as -needed basis, the Consultant(s) will be requested to conduct plan review services for the City, whether through paper submissions or electronic plan review. The City is currently using ProjectDox as its online/electronic plan review platform, and it is required that the Consultants) familiarize themselves with this software and any other software the City might use in the future. The City of Santa Ana is dedicated to enhancing the customer experience throughout the plan review process. To achieve this, the City has established a guideline ensuring that the initial plan review will be completed within a maximum of four weeks, followed by a two -week period for the second review, and a one -week turnaround time for any further reviews if necessary. Consultant(s) are required to deliver weekly updates to the City staff, detailing the progress of the plan review, the anticipated completion date, and the hours dedicated to the plan check. Consultants must present their comments to applicants in a list format, as an independent document, which could be easily understood and interpreted on its own. It is essential that Consultants offer clear, detailed comments designed to assist the applicant in achieving plan approval with minimal resubmissions. Consultants(s) are required to provide monthly invoices for the hours dedicated reviewing plans. The City reserves the right to interview any of the plan checkers, or other staff, prior to allowing plan check services. Registered Professional Engineers and Licensed Land Surveyors may be required to sign plans, specifications and contract legal documents. IMEM City of Santa Ana RFP 24.035 Page A1.2 Sample Fee Proposal Consultant shall subrrut a fee proposal as described below. The proposal will be used for fee comparison and evaluation purposes. The proposer shall complete this form and include it along with the billing rates breakdown. This schedule will be used to identify different plan check hourly rate for each different type of plan check. Consultants are to identify their own staff to review different plan types, but only provide to the City an overall hourly rate for each different plan check type. This will only be used for comparison purposes and may be changed if agreed upon by both parties. �ma PROPOSER FEE RATE SCHEDULE COMPANY NAME (date) TITLE Street Improvement Plan $ Grading Plan $ Water Quality Management Plan (WQMP) $ Geotechnical Report $ Land Surveying Documents $ Legal Description of Dedication $ Landscape Irrigation Plans $ Environmental Documents $ Transportation/Traffic Studies $ Signing and Striping Plans $ Traffic Signal Plans $ Street Lighting Plans $ Miscellaneous Plan Check $ BILLING RATE Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual work request. City of Santa Ana RFP 24-035 Page Al -3 EXHIBIT B - PROPOSAL Public Works Agency 20 Civic Center Plaza Santa Ana, California 92701 Due Date: April 9, 2024 by 2:00 p.m. Charles Abbott Associates, Inc Charles Abbott Associates, Inc. 27201 Puerta Real #200 Mission Viejo, CA 92691 Toll Free. (866) 530A980 www.caa.inc Table of Contents 1. Statement of Qualifications.................................................................................................3 2. Scope of Services............................................................................................................... 22 3. Fee Proposal ........................ 4. Certifications ........................ CAprofessional government services .......................... 23 .......................... 24 a. Cover Letter Charles Abbott Associates, Inc. (CAA) is pleased to offer On -Call Engineering Plan Check Services to the City of Santa Ana (City). CAA is exceptionally well qualified to provide these services to the City. Our experience in development review includes review starting at the entitlement stage and runs through construction document preparation, construction, and inspection. We have experience in a full range of different types and sizes of development, ranging from single rural properties to master planned communities, mixed -use developments, planned unit developments and Industrial/commercial business parks, to name a few. Our team of highly qualified and experienced staff has provided similar services to many cities and counties and brings numerous combined years of related experience to the table. ICC certified plan reviewers and registered civil engineers are available to meet the varying workload demands of the City through electronic review of the plans. All work will be performed under the direction of a licensed engineer registered with the State of California who will review plans for compliance with all applicable codes, regulations, guidelines, and permits regarding grading, water quality, tract maps, parcel maps, street improvements, and other plan check services as required for engineering and development projects. CAA will provide plan check services for projects including but not limited to the following: • Rough/Precise Grading • Street Improvements • Subdivision Maps • Final Tract/Parcel Maps/Legal Descriptions • Hydrology/Hydraulic • Geotechnical • Water Quality Management Reports • Erosion Control • Landscape Irrigation Plans • Traffic, Signing and Striping Plans We currently have staff operating in and providing services for over 37 communities in California, ensuring consistent resource availability, fast response times, and maximum efficiency, Our staff is technically qualified, trained, properly licensed and certified to provide all anticipated services, including public or private project plan review, structural plan review, and building code compliance review. Wprofessional government services Company Legal Name: Charles Abbott Associates, Inc 27201 Puerta Real, #200 Mission Viejo, CA 92691 (866) 530-4980 info@caa.inc http://www.caa.inc Organizational Structure: Corporation Principal Owners: Susan Abbott, Rusty Reed Authorized Person: Rusty Reed, President Diann Nolte, Vice President Point of Contact: Mike Podegracz, PE, Director mikepodegracz@caa. i n c Phone: (949) 421-8447 Company History: CAA was incorporated in 1984 in the State of California, and has since been providing a growing number of cities with outstanding Engineering, Environmental, and Building Services. Number of Employees: 217, 124 of which reside In Southern California. The key personnel for this project will be assigned from our nearby headquarter in Mission Viejo, CA. b. Contract Agreement Statement CAA acknowledges and agrees to the terms, scope and conditions outlined in the City's Agreement, with the following minor modifications: Item 7. Insurance, Other Insurance Provisions, Item 5: Please remove the words "reduced in coverage or in limits". A sentence can be added after this one: "The Consultant will provide 30 days' advanced written notice to the City if any policy is reduced in coverage or in limits." Item 16. Termination: Please add "The Consultant may terminate this agreement by providing the City with 60 days' advanced written notice:' c. Firm and Team Experience CAA exclusively serves public agencies and is extremely proud of the track record and length of time we have continuously provided high quality, responsive, cost effective, and customer - oriented services to our clients. CAA employs only highly qualified licensed and registered professionals with extensive construction experience. Our plan review staff works closely with engineers, architects, and designers, providing greater insight as to the constructability of design and the adherence to State and Federal codes, City rules and regulations, Subdivision Map Act and acceptable engineering practices. Our corporate headquarters as well as our plan review office where we have full-time and part-time plan reviewers available to meet additional workload as required has been located in nearby Mission Viejo, CA for the past 18 years. This presence of our local employees gives us the ability to provide additional staff without dela if workload increases or emergencies_ arise. Wprofessional government services The project team identified on the following sections all have participated and completed work similar to the Scope of Work outlined in the City's Request for Proposal and have many years of experience reviewing grading plans (rough and precise), stormdrain, water and sewer plans, street improvement plans, and traffic plans. As part of the review process, we also review hydraulic and hydrology reports, soil reports, structural calculations, engineering reports, and traffic studies for compliance with state and local rules and regulations, as well as general engineering practice. CAA has the resources available to meet the City's engineering plan check needs. We guarantee high - quality and fast turnaround. We take our commitment to superior services very seriously and undertake each project with a solemn professional obligation to serve the City and the owners, developers, engineers, and builders who process plans through the City's plan review process. Our engineering plan check service is provided by full-time and part-time plan checkers, civil as well as structural and non- structural reviewers, throughout each region and available to meet additional workload as required. CAA plan reviewers are proficient in the use of different software systems as well as Adobe Acrobat for electronic plan review. If requested by the City, CAA will provide daily pick-up and delivery of plans and specifications via a shipping service such as On-Trac or Eclipse at no additional cost to the City. Plans will be picked up and logged in the CAA plan review tracking system before being routed to the appropriate plan checker for review. CAA currently performs engineering, building and safety, and environmental plan check for cities in California, Nevada, Colorado, Florida and Georgia at our corporate office in Mission Viejo. Mike Podegracz, PE, is the Project Manager selected to work as the day-to-day contact with the City. Danny Chow, PE will serve as Project Engineer and has over 35 years of experience in management, planning, review, design, and construction of civil engineering projects. Additional California registered civil engineers, licensed land surveyors, and environmental scientists are available to provide back-up to the project and to meet the varying workload demands of the City. Mike Podegracz, PE, is the Project Manager selected to work as the day-to-day contact with the City. He has over 40 years of engineering experience, including Public Works oversight, preparing plans, specifications and estimates for road improvement projects; administering the Capital Improvement Program; preparing hydraulic and hydrology design and analysis for drainage improvements; implementing Pavement Management Programs; performing traffic studies for roadways; and reviewing, analyzing, and making recommendations on land development projects. Mr. Podegracz will ensure that our policies, procedures, and manpower will provide the level of service the City desires. He will supervise the project and maintain continuous communication with the City to ensure the City is 100% satisfied with our staff, our turnaround times, the quality of our work, and the overall teamwork between our staff and yours. w Danny Chow, PE will serve as Project Engineer and has over 35 years of experience in management, planning, review, design, and construction of civil engineering projects. Y Richard Pederson, PE will serve as Senior Plan Check Engineer and has over 35 years of experience with CAA covering all aspects of City Engineering, Traffic Engineering, Planning, Public Works, and Capital Improvement Programs for municipal clients. Jordan Koga, PE, QSDiQSP will assist in Engineering and Environmental Plan Checking C,4,4 professional government services 5 y Lori Lamson, will review all Environmental Documents, and has over 36 years of experience in municipal planning and land development. Y Janet Shliz, MSCE will serve as Plan Check Engineer and brings well over 34 years of plan checking and design experience to the City's team. Y Cindy Kwong Lu will also serve as Plan Check Engineer. Ms. Kwong is a California Registered Professional Engineer and a QSD and will provide plan check services, as necessary. Y Paula Pereira, PLS, has over 26 years of professional experience and will serve as Land Surveyor and provide parcel and tract map checking services. Traffic Engineering may be provided by Hartzog & Grabill, Inc. 17852 E. 17th Street, Suite 101 Tustin, CA 92780 Gerald J. Stock, PE, TE CAA may utilize the following sub -consultant for the review of Soils and Geotechnical Reports: AP Engineering & Testing, Inc. 2607 Pomona Blvd., Pomona, CA 91768 Tel: (909) 869-6136 Fax: (909) 869-6138 Email: apichart@aplaboratory.com 1, Pnv a Pmmw !annl .`:hb: ,,,, �s,,is.n Qray Hvmn�. R¢:�an CIA"A professional Mike Podegracz, PE, Director Regional Director Years of Experience 40+ Education B.S., Civil Engineering, Loyola Marymount University, Los Angeles Professional Memberships American Society of Civil Engineers American Water Works Association International City Manager Association California City Manager Foundation Certifications Licensed Civil Engineer, California (C33445), Colorado (51626), Florida (81211), Georgia (PE 041120), Utah (10931759-2202) and Texas (131553) California Disaster Service Worker ID 80622 Mr. Podegracz provides project management services for various commercial development and transportation related projects. He is currently service as Project Manager for the City of Yucaipa's Wildwood Canyon Road Freeway Interchange at Interstate 10 Project Study Report. He is also providing Project Management Services for a mixed use commercial and residential development for the City of Twentynine Palms. Mr. Podegracz served as the City Managerfor the City of Hesperia for over 10 years and was responsible for the direction, planning, organization, design, maintenance and management of a full service City that included Planning, Building and Safety, Engineering, Code Enforcement, Animal Control, Public Works (streets, storm drain, water and sewer), Finance and Community Relations. Prior to serving as City Manager, Mr. Podegracz served as Director of Development Services/City Engineer for the City of Hesperia for 5 years. In this capacity, he served as the Public Works Director and oversaw the operation and maintenance of the City's 500 miles of street, 550 miles of water pipelines (including reservoirs, booster stations and water wells), 150 miles of sewer pipelines, and 25 miles of storm drains. He also oversaw the implementation of a new Asset and Maintenance Management software system for the entire department. As City Engineer, Mr. Podegracz's responsibilities included preparing plans, specifications and estimates for road improvement projects; administering the Capital Improvement Program; preparing hydraulic and hydrology design and analysis for drainage Improvements; implementing the City's Pavement Management Program; performing traffic studies for roadways; and reviewing, analyzing, and making recommendations on land development projects. Prior to working with the City, Mr. Podegracz provided consulting services for over 22 years to governmental clients that included cities, counties, special districts and the federal government. Wprofessional government services He was also involved in the planning, design and construction management of municipal infrastructure projects that Included; roadway Improvement projects including pavement overlays, pavement reconstruction, concrete curb, gutter and sidewalk, landscape and lighting; storm drain projects including concrete box culverts, channels and pipelines; water systems including large and small diameter pipelines, booster stations, water wells and above ground welded steel reservoirs, and; wastewater systems including pipelines and lift stations. Previous Project Experience • City Manager, City of Hesperia, CA • Director of Development Services/City Engineer, City of Hesperia, CA • Vice President and Project Manager, So & Associates Engineers, Inc. • Project Engineer, Brockmeier Consulting Engineers professional government services Danny Chow, PE Registered Civil Engineer/Plan Checker Years of Experience 37+ Education M.S., Civil Engineering, Califomia State University, Fullerton B.S., Electrical Engineering, California State University, Fullerton License Civil Engineer: California, Nevada, Oregon, Washington, Georgia, Texas, and Montana Professional Memberships American Society of Civil Engineers Certifications California Qualified SWPPP Developer (QSD) Georgia Soil and Water Conservation Level 2 and Qualified SWPPP Practitioner (QSP) Certification for Erosion Control Plan Design and Review Mr. Chow has over 37 years of experience in management, planning, review, design, and construction of civil engineering projects. Of his 21 years with Charles Abbott Associates, Inc., he has been in charge of and managed numerous CIP projects from funding, design, bidding, and construction through completion for several agencies as project manager and provided the highest level of service to those agencies. His past experience includes street maintenance and rehabilitation, street widening, flood control and storm drains, parking facilities, public transportation facilities, parks and recreations, and other CIP projects, as well as coordination with local, state, and federal agencies. Danny has provided civil reviews for numerous projects in California, Nevada, Georgia, and Texas. His review experience ranges from grading plans, street improvement plans, drainage plans, hydrology and hydraulics, water plans, sewer plans, NPDES, engineering reports of various types, as well as assessment districts. Recent Project Experience • Review of drainage studies, storm drain plans, grading plans, street improvement plans, water plans, sewer plans, erosion control plans, SWPPP, and other development related documents • Design (street rehabilitation, realignment, widening, overlay, storm drain, and public parking) • Review of Engineering Studies (hydrology, hydraulics, cost analysis, and geotechnical) • CIP Management • Safe Route to Schools projects • Public Works Inspections • Bus Transit Center design and construction management C� professional govemment services Richard Pederson, PE Registered Civil Engineer/Plan Checker Years of Experience 35+ Education B.S., Civil Engineering, Brigham Young University License Civil Engineer: California Professional Memberships American Society of Civil Engineers Mr. Pedersen has been a Project Manager for CAA for 34 years and has over 35 years of experience in providing consultant services. His work experience covers the expanse of the public sector from the city and local levels to the county, state, and federal levels. His managerial expertise has been focused to city engineer positions, bringing a deep understanding of unique problems and the ability to find solutions to meet the particular needs of any City. Mr. Pederson is currently serving as the Deputy Town Engineer for the Town of Apple Valley and City Engineer for the City of Twentynine Palms and has done so since 1990. Recent Project Experience • Writes and identifies codes, ordinances, and resolutions for implementation. • Administers city design services for preparation of plans, specifications, and construction; manages and administers engineering and public works permit procedures, inspection services and records. • Identifies traffic safety issues, develops strategies, programs, and projects to enhance traffic safety from inception to completion. • Develops short and long-range capital improvement programs, and coordinates and identifies methods of funding. • Administers the Implementation of Public Works Maintenance Contracts. J professional government services 10 Jordan Koga, PE, CESSWI, QSD/QSP Years of Experience 5+ Education B.S., Environmental Engineering, University of California, Riverside Professional Memberships California Stormwater Quality Association (CASQA) American Public Works Association (APWA) Certifications PE CESSWI QSD/QSP Mr. Koga possesses a wide range of National Pollutant Discharge Elimination System (NPDES) and construction plan review experience, and has performed a variety of duties including program management, project management, WQMP plan review, Storm Water Pollution Prevention Plan (SWPPP) reviews, industrial and commercial facility inspections, and General Construction Activities Stormwater Permit (GCASP) site inspections. He is experienced with all aspects of NPDES MS4 Permit compliance requirements and will assist in Engineering and Environmental Plan Checking for the City. Recent Project Experience • City of Moreno Valley, NPDES Permit Program Management and Project Engineer: Mr. Koga assists in administering and implementing the City's Stormwater program for compliance with all aspects of the Riverside County Municipal Stormwater Permit, including development plan reviews. He is also assigned to oversee land development projects, including overseeing plan review by outside consultants and coordinating with developer and City inspectors. • Town of Apple Valley, NPDES Permit Program Management Services: Mr. Koga assists in administering and implementing the Town's Stormwater program for compliance with all aspects of the Phase II Permit, including development plan reviews. • City of Yucaipa Development Plan Review Services: Mr. Koga performs development plan review services to the City in compliance with the San Bernardino County Municipal Stormwater Permit. • Cities of Lake Elsinore, Los Alamitos, and Cypress, Development Plan Review Services: Mr. Koga performs development plan review and post construction BMP inspection services for these cities in compliance with the Santa Ana Municipal Stormwater Permit. C.�,e! professional government services 11 Lori Lamson Years of Experience 36+ Education M.S., Public Administration, California State University, Long Beach B.S. Urban and Regional Planning, Cal Poly Pomona Ms. Lamson assists with Environmental Plan Review as needed. She has thirty years of experience writing and reviewing California Environmental Quality Act (CEQA) and National Environmental Protection Act (NEPA) clearance documents for all types of development projects as well as advance planning projects. She was responsible for preparing all CEQA and NEPA documents for all city projects, and prepared required Environmental documentation for grant funding of many city programs and projects. This included federally funded as well as state funds. Previously the Assistant Town Manager for the Town of Apple Valley, she has overseen land use planning in the town for 15 years and worked in local government planning for 27 years. She possesses a strong understanding and experience in balancing community needs, including economic growth, jobs, and recreation, with natural resource needs and conservation. Recent Project Experience • Town of Apple Valley, Assistant Town Manager • Town of Apple Valley, Community Development Director Wprofessional government services 12 Janet Shliz, MSCE Plan Checker Years of Experience 34+ Education B.S., Civil Engineering, Moldova Polytechnical Institute, 1977 M.S., Civil Engineering, Moldova Polytechnical Institute, 1979 Ms. Shliz has over 34 years of experience in plan review, planning, and design of civil engineering projects. During her 15 years with Charles Abbott Associates, Inc., she has reviewed many projects in Southern California ranging from grading plans (rough and precise) to erosion control, street improvement and parking lot plans. She has spent most of her years with CAA reviewing projects for several of our municipal clients in Southern California, many of which are in LA and Orange Counties. Janet has designed and reviewed numerous CIP projects from, bidding, and construction, through completion for several agencies. Her past experience includes pavement management and evaluation, street maintenance and rehabilitation, street widening, parking facilities, public transportation facilities, parks and recreation, and other CIP projects, and coordination with local, state, and federal agencies. Most of her experience is In municipal arena. Recent Project Experience • City of Yucaipa, Uptown improvement project plan review • City of Yucaipa, 120 unit Senior Apartments grading and SWPPP review • Nye County Nevada, Blagg Road preparation of plans and specifications for the reconstruction of previously failed road • City of Twentynine Palms, Adobe road preparation of plans and specifications for the street rehabilitation project �� professional government services 13 Cindy G. Kwong-Lu, PE, LEER AP Registered Civil Engineer/Plan Checker Years of Experience 17+ Education B.S., Civil Engineering, University of California, Los Angeles, 1999 Registration Civil Engineer: California (C 65945) Professional Memberships ICc Certifications LEED Accredited Professional, GBCI No. 10469089 Ms. Kwong-Lu has over 17 years of experience in plan review, planning, and design of civil engineering projects. Of her 9 years with Charles Abbott Associates, Inc., she has reviewed many projects in southern California ranging from grading plans (rough and precise) to erosion control, street improvement and parking lot plans. Cindy has been responsible for numerous CIP projects from design, bidding, and construction, through completion for several agencies as design engineer and provided the highest level of service to those agencies. Her past experience includes pavement management and evaluation, street maintenance and rehabilitation, street widening, parking facilities, public transportation facilities, parks and recreation, and other CIP projects, and coordination with local, state, and federal agencies. Most of her experience is in the municipal arena. Wprofessional government services 14 Paula Pereira, P.L.S. Years of Experience 26+ Education B.S., Surveying Engineering - University of Porto, Portugal, 1997 License Licensed Land Surveyor California, 8493 California Land Surveyors Association, 12182 Portuguese Board of Engineers, 38970 Ms. Pereira serves as a professional land surveyor at CAA. She joined the firm over 13 years ago, continuing a 26-year career of providing land surveying expertise. Her career is based upon a combination of land surveying knowledge with creative, situation -specific solutions to meet the requirements of unique challenges. Ms. Pereira's background includes handling field and office duties for civil engineering/land surveying and private companies, providing her with a broad understanding of the operations, goals, limitations and needs of private development projects as well as public agencies. She has experience in private development projects, both commercial/industrial and residential, both large and small in size, multi -family and single family as well as in Public Works projects. She also has experience in the preparation and plan check of land surveying documents and maps such as legal descriptions, Tract and Parcel maps, Annexation maps, Records of Survey, Lot Line Adjustments, A.L.T.A. and topography survey maps. Ms. Pereira has been serving as consulting Engineering Associate for the Town of Apple Valley in San Bernardino County, performing the duties of Town Surveyor and Capital Improvement Projects manager. Ms. Pereira has also been serving as consulting Surveyor for several local agencies throughout the Counties of Los Angeles, Riverside, Orange, Ventura and San Bernardino. Prior to joining CAA, Ms. Pereira held positions as a Land Surveyor with private civil engineering/land surveying firms in Portugal and Southern California, serving the development communities for over 13 years. Her responsibilities included field and office operations, record data research, calculations, boundary establishments, topography and construction surveys, processing through design, plan check to approval and construction of private and public development projects. Her experience varies from the construction of engineering projects including multi -story buildings, bridges, and roadwork layout, to the construction layout of subdivisions throughout Southern California. She is experienced with boundary establishment, Lot Line Adjustments, Record of Surveys, and has performed many topography, construction and A.L.T.A. surveys. Q professional government services is d. Understanding of Need/Schedule of Delivery CAA understands the City is seeking the support of an engineering plan checking consultant for to provide on -call civil engineering plan checking services of commercial, industrial, and residential engineering for compliance with applicable codes and requirements. CAA will provide electronic review of project documents where possible and meet with staff or conduct field project reviews as needed. Our staff is technically qualified, trained, properly licensed and certified to provide all private development and engineering plan check services to meet the City's workload needs. We expect most of the work to be done from our local office in Mission Viejo, CA and will provide all materials, resources, tools and training required for our professionals to perform their assigned duties, including vehicles, cell phones, (Pads, and other technology devices that enhance our service. All of our services as well as any associated costs for labor, materials, equipment and supplies necessary to provide these services are included in our fees. The proposed team has many years of experience reviewing grading plans (rough and precise), stormdrain, water and sewer plans, street improvement plans, and traffic plans. As part of the review process, we also review hydraulic and hydrology reports, soil reports, structural calculations, engineering reports, and traffic studies for compliance with state and local rules and regulations, as well as general engineering practice. CAA has the resources available to meet the City's needs. We guarantee that we will commit the necessary resources required to achieve high -quality, fast turnaround plan check reviews. We take our commitment to superior services very seriously and undertake each project with a solemn professional obligation to serve the City and the owners, developers, engineers, and builders who process plans through the City's plan review process. Our on -call plan checking service is provided by full-time and part-time plan checkers, civil as well as structural and non- structural reviewers, throughout each region and available to meet additional workload as required. CAA plan reviewers are proficient in the use of different software systems as well as Adobe Acrobat for electronic plan review. CAA currently performs engineering, building and safety, and environmental plan check for cities in California, Nevada, Colorado, Georgia and Florida at our corporate office in Mission Viejo, California. CAA will provide guaranteed plan check turnaround times that will meet or exceed the City's expected review timeframe, and will provide on -call emergency staff as needed. Our staffing levels will remain proportionate with the City's workload and ensure that all plan checks are conducted in an efficient and courteous manner that is responsive to the needs of the City and the public. CAA proposes to perform all tasks associated with private development and engineering plan review. CAA will provide electronic review of project documents where possible using the City's existing Bluebeam Revu software and meet with City staff or conduct field project reviews as needed. Our staff is technically qualified, trained, properly licensed and certified to provide all private development and engineering plan check services to meet the City's workload needs. Key resources that will be utilized during plan check include the City's Engineering Design Guidelines Manual, City BMP Manual, the City Municipal Code, and all other applicable State and City regulations and ordinances. CAA understands the importance of timely reviews and the cost to the development community caused by delays attributed to plan -check reviews, and pride ourselves on our ability to adhere to expected performance schedules at all times. CAA will review and return plans in less than 10 business days for initial submittals for both small and larger projects. Resubmittals will be reviewed within 6 business days co" professional government services 16 or less. CAA does not anticipate third submittals; however, should they occur, these will be reviewed within 3 days or less. Although it is anticipated that submittals will be digital, CAA will pick-up and deliver plans and correspondence to and from the City at no additional charge to the City. Expedited plan review is available at an additional charge. PLAN REVIEW TIMEFRAMES 151 Plan Check 10 Working Days 2n' Plan Check 5 Working Days Td Plan Check 1-3 Working Days Final Approval Review 2 Working Days Delta revision change pre -construction phase 7 Working Days Delta revision change during construction phase 3 Working Days e. Relevant Project Experience CAA exclusively serves public agencies and is extremely proud of the track record and length of time we have continuously provided high quality, responsive, cost effective, and customer -oriented services to our clients. We Invite you to contact any of them to obtain their opinion of the services we provide for them. The following contains a list of current California municipalities served by CAA with a similar scope of work. 1. Client's Company Name: Town of Apple Valley Client Address: 14955 Dale Evans Parkway, Apple Valley, CA 92307 Contact's Name: Doug Robertson Contact's Title: Town Manager Contact's Telephone: (760) 240-7000 Contact's Email: applevalley@applevalley.org Scope of Services/Products Provided: Civil engineering, building & safety, plan check and inspection services Project Completion Date: 1990 - ongoing 2. Client's Company Name: City of Yucaipa Client Address: 34272 Yucaipa Boulevard, Yucaipa, CA 92399 Contact's Name: Fermin Preciado Contact's Title: Director of Development Services/City Engineer (909) 797-2489 Preciado@yucaipa.org =Telephone;one: s/Products Provided: Civil engineering support, plan check, building & safety, and Fire Marshall services ion Date: 1993 - ongoing .Clients Company Name: City of Twentynlne Palms Client Address: 6136 Adobe Road, Twentynine Palms, CA 92277 Contact's Name: Lary Bowden Contact's Title: City Manager Contact's Telephone: (760) 367-6799 Contact's Email: lbowden 29 alms.or co" professional government services 17 Scope of Services/Products Provided: Civil engineering, plan check, and building & safety services Project Completion Date: 1993 - ongoing 4. Client's Company Name:, Client Address: City of Allso Viejo 12 Joumey, Suite 100, Mac Viejo, CA 92656 Contact's Name: Shaun Pelletier Contact's Title: City Engineer Contact's Telephone: Contact's Email: (949) 425-2530 _ publicworks@cilyofalisoviejo.eom Scope of Services/Products Provided: Civil engineering, plan check, and building & safety services Project Completion Date: 2002 - ongoing 5. Client's Company Name: City of Cypress Client Address: 6257 Orange Avenue, Cypress, CA 90630 Contact's Name: Douglas Danes _ Contact's Title: Director of Public Works _ Contact's Telephoner (714) 22M752 Contact's Email cdd@cypresscaorg Scope of Services/Products Provided: Engineering plan check services Project Completion Date: 2008 - ongoing 6. Client's Company Name: _ City of Fountain Valley Client Address: Contact's Name: 10200 Sister Avenue, EountaiLValley, CA 92708-4736 Brian James Contact's Title: Buildln and Plannin Director Contact's Telephone: (714) 5934436 Contact's Email: bdan.james@fountainvalley.org Scope of Services/Products Provided: Engineering plan check services Project Completion Date: 2004 -ongoing 7, Client's Company Name: City of Moreno Valley Client Address: 14177 Frederick Street, Moreno Valley CA, 92652 Contact's Name: Michael D. Lloyd, P.E. Contact's Title: _ Engineering Division Manager/Assist. City Eng. Contact's Telephone: (951) 413.3146 Contact's Email: michaeli@moval.org Scope of Services/Products Provided: Engineering plan check services Project Completion Date: _ 2019-ongoing 8. Client's Company Name: City of Lake Elsinore Client Address: 130 Main Street, Lake Elsinore, CA 92530 Contact's Name: Summer O'Daly Contact's Title: _ Of m Specialist III Contact's Telephone: (951) 674-3124 ext 915 Contact's Email: sodaly@lake-elsinore.org Scope of Services/Products Provided: Engineering plan shack services Projact Completion Date: 2020 - ongoing wprofessional govemment services 18 f. References A complete list of our California references can be found below. REFERENCES CA SERVICES SINCE City 0f Alhambra FOG Inspections 2022 Latoya Waters, Environmental Compliance Specialist (626)570-5036 111 South First Street Alhambra CA 91801 Yermo Community Service District Fire Plan Review and 2021 38315 McCormick Street, Yermo CA 92398 Inspections City of Laguna Hills Building & Safety 2021 Larry Longenecker, Community Development Director (949) 707- 2675 24035 El Toro Road, Laguna Hills, CA 92653 City of Lake Elsinore Engineering Plan Check 2020 Cameron Adams, Assistant Engineer (951) 674-3124 ext. 111 130 South Main Street, Lake Elsinore, CA 92530 City of Tustin NPDES Inspection 2020 Alex Waite, Senior Management Analyst Plan Review (714)573-3305 300 Centential Way, Tustin 92780 City of Port Hueneme Building & Safety 2018 Tony Stewart, Interim City Manager (805)986-6620 250 N Ventura Road Port Hueneme CA 93041 City of Ojai Building & Safety 2016 James Vega, City Manager Code Enforcement (805)646-5581 401 S. Ventura Street, Ojai, CA 93023 City of Lake Forest Street Maintenance 2016 Debra Rose City Manager (949)461-3575 25550 Commercenlre Drive, Suite 100 Lake Forest, CA 92630 City of Moreno Valley Environmental/NPDES 2014 Melissa Walker, Director of Public Works (951)413-3000 14177 Frederick Street, Moreno Valley, CA 92552 City of Calimasa Building & Safety Full 2014 Will Kolbow, City Manager Service (909) 795-9801 Planning 908 Park Avenue, Calimesa, CA 92320 Public Works Code Enforcement City of San Dimas NPDES Inspection 2014 Lauren Marshall, Senior Management Analyst NPDES Training (909)394-6200 245 E Bonita Ave, San Dimas, CA 91773 City of Duarte Building & Safety Inspection 2013 Craig Hensley, Community Dev. Director & (626) 386-6835 Plan Check, 1600 Huntington Dr, Duarte, CA 91010 Code Administration C" professional govemment services 19 City of Redondo Beach NPDES Inspection 2013 Geraldine Tdvedi, Project Manager FOG Inspectlon (310)372-1171 415 Diamond Street Redondo Beach, CA 135277 City of La Palms "NPDES Program Mgt. 2012 Laurie Murray, City Manager NPDES Inspection (714) 690-3334 Plan Review 7822 Walker Street La Palma 90623 City of Mission Viejo NPDES Inspection 2012 Amanda Bajhart, Associate Engineer (949)470.8419 200 Civic Center Mission Vie o 92691 City of Laguna Hills Street Maintenance _ 2012 Joe Ames, City EngineerlPublic Services Director (949)707.2655 24035 Ell Toro Road, Laguna Hills, CA 92653 City of Laguna Woods EnvironmentallNPDES 2010 Chris Macon, City Manager (949)639.0600 24264 El Toro Road, Laguna Woods CA 92637 City of Los Alamitos Building & Safety 2010 Ron Noda, Development Services Director Environmental/NPDES 2012 (562)431-3638 3191 Katella Avenue, Los Alamitos CA 90270 City of Cypress Plan Check 2008 Douglas Danes, Director of Public Works Building Inspection (714) 229-6752 NPDES Inspection and Plan 5257 Orange Avenue, Cypress, CA 90630 Review City of Rancho Santa Margarita Building & Safety 20-07 Cheryl Kuta, Development Services Director Environmental (949) 635-1800, exL 6707 Public Works 22122 El Paseo Rancho Santa Mar arlta, CA 92688 Code Enforcement City of Laguna Niguel Building & Safety 2006 John Morgan, Planning Manager (949)362-4313 30111 Crown Vallev Parkway, Laguna Niguel CL-A 92677 City of Aliso Viejo Building & Safety 2002 David Doyle, City Manager Engineering Support (949) 426.2500 Code Enforcement 12 Journey, Suite 100, Aliso Mole, CA 92656 Environmental _ _ City of Mission Viejo Building & Safety 1995 Elaine Lister, Community Dev. Director Public Works (949)470-3000 Plan Check 200 Civic Center, Mission Viejo, CA 92691 Public Works Inspection City of Camarillo Building & Safety 1994 Joe Vacca, Community Development Director Public Works Inspections (805) 388-5362 EnvlronmentaUNPDES 601 Carmen Drive Camarillo CA_93010 City of Yucaipa Building & Safety 1993 Fermin Preciado, Director of Development Services Engineering Support (909) 797-2489 Fire Marshall Services 34272 Yucai a Boulevard Yucaipa, CA 92399 City of Twentynine Palms Building & Safety 1993 Larry Bowden, City Manager City Engineering (760) 367.6799 Traffic Engineering 6136 Adobe Road Twent nine Palms CA 92277 professional government services 20 Town of Yucca Valley Building & Safety 1992 Shane Steuckte, Community Dev. Director (760)369-7207 57090 Twen nine Palms Highway,Yucca Valley, CA 92284 Town of Apple Valley Building & Safety 1990 Doug Robertson, Town Manager Public Work Administration (760) 240-7000 Town Engineering 14955 Dale Evans Parkway, Apple Valley, CA 92307 City of Hidden Hills Building & Safety 1990 Kerry Kaltman, City Manager City Engineering (818)888-9281 6166 SDHQJValle Road Hidden Hills CA 91302 City of Moorpark Building & Safety 1988 Troy Brown, City Manager Environmental/NPDES (805) 517-6221 799 Moorpark Avenue Moorpark, CA 93021 i professional government services 21 CAA proposes to perform all tasks associated with private development and engineering plan review. Services provided include. CAA will provide Digital Plan Checking Services for Private Development Projects, including grading, erosion control, streets, storm drain, sanitary sewers, reviewing and conditioning of land divisions and development —residential, commercial, and industrial plan checking; drainage and hydraulics/hydrology reviews according to applicable methodologies, lot line adjustments, tract and parcel map reviews, water quality management plans, and assuring condition compliance. CAA will review plan check submittal items and reports, including road structural section calculations; hydrology and hydraulic calculations; street layout and design; structure calculations not under building permit purview; traffic reports; and quantity estimates as well as soil reports, grading, subdivision maps, erosion control, streets, sewer, storm drain, traffic signal, street lightning, retaining walls, and NPDES requirements. CAA will ensure the completeness of submittals and document any deficiencies as needed. Our team will conduct site visits as necessary and Interact with City personnel and private contractors to resolve any issues and answer any questions. CAA will review plans for sound engineering practices and provide detailed plan check of the assigned project plans in accordance with applicable laws, standards, adopted codes and amendments. CAA will ensure accuracy of design in conformance with the City's most current Plan Check Lists, and will provide and retain digital lists of corrections and redlines. • CAA will perform other related engineering services as requested by the City. Services such as site visits and plan & map preparations that do not fall under plan checks will be provided at an additional hourly rate. • CAA will check general mathematics and design criteria, and call for redesign of any portion of plans that show poor engineering, do not comply with the Approved Tentative Map or Conditions of Approval, might be potentially unsafe, or are impractical to build. CAA will provide all the required correspondence on initial and subsequent reviews. Each plan review will be accompanied with a letter summarizing any red -line comments. This letter can be addressed through the City Engineer, assigned staff, or directly to the Designer, based upon the City's preference. A complete redlined set of drawings and any reports will be returned to the designer for their correction. Final approved documents and mylars with plan checker initials will be sent to the City at the and of the process. CAA understands the importance of timely reviews and the cost to the development community caused by delays attributed to plan -check reviews, and pride ourselves on our ability to adhere to expected performance schedules at all times. CAA will review and return plans in less than 10 business days for initial submittals for both small and larger projects. Resubmittals will be reviewed within 5 business days or less. CAA does not anticipate third submittals; however, should they occur, these will be reviewed within 5 days or less. It is anticipated that submittals will be digital. Wprofessional government services 22 The fee proposal has been included in a separate file, as requested by the City. CAAprofessional government services 23 Please find the following forms below: ➢ Attachment 3-1: Non -Collusion Affidavit ➢ Attachment 3-2: Non -Lobbying Certification ➢ Attachment 3-3: Non -Discrimination Certification ➢ Attachment 34: Fleet Compliance Certification C" professional government services 24 - Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTMCATIONS NON -COL U IONAFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA 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 fix 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 caution That mak g a false certification may subject the certifier to criminal prosecution. Signed _... State of California Countyof Orange Subscribed and swum to (or affirmed) before me on this day of , 20 , by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City of Santa Ana RFP #24435 Page A3-t CALIFORNIA JURAT GOVERNMENT CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California CountyofQi�( -_ S"ERRr F 4LO Notary pubft � orr" �m yn�n 113 < • Ny �mm. EfPlr" Ov p15 Subscribed and sworn to (or affirmed) before me on A this .f._ _dayofjx_—.,R,.20a..t.by Date (Month Year Nome o/ SignerfsJ proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature '27 t.l Place Notary Seal andlor Stamp Above Signature of Not blic OPTIONAL Completing this information con deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document 'mil A -t otc l .AoA4- ,� —/ h-c ,1 vs; , o(�l ✓I �— Title or Type of Document:n_----....._ ._— _.. �. �•r+c Document Date: rc'" ! ( 41_ Number of Pages: Czr,cl �-/r'Icj N Signerts) Other Than Named Above: EvatReras�.4aeaaeue ssoeea ` 2019 National Notary Association Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: I. 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 ofCongress, 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 lie or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Charles Abbott Associates, Inc. (CAA) /! Signed and Printed Name: �"p t� r�aarY Rusty R. Reed Title President Date City of Santa Ana RFP #24-035 Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTMCAT[ONS 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. sex, 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 foremploymem, 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 understanding, 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 employmem. 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. S. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24. 1963, 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 rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in pan 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. I965. and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1963, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by low. 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 024-036 Page AM professional government services 28 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 Slats. 1939, and as amended, No discrimination shall 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 fora violation of the Chapter. Signed: 4„ft� 4i r Title: Presldent Firm: Charles Abbott Associates. Inc. (CAA) Date: 04108/2024 City of Santa Ana RFP #24-035 Page A3-4 Appendix ATTACHMENT 3-4: FLEET COMPLIANCE CERTIFICATION CERTIFICATIONS J Bidder hereby acknowledges that they have reviewed the California Air Resources Board's policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the `Regulation"). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct: C The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. J The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. U Bidder and/or their subcontractor is unable to procure IZ99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids). fJ The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(I8). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4). ® The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto. this regulation is related to diesel fuel vehicles and all of our vehicles are gasoline/passenger cars. Name of Bidder: Charles Abbott Associates, Inc. (CAA) Signature: atpE _ Name: Rusty R. Reed Tide: President Date: 04ro812024 City of Santa Ana RFP #24.035 Page A3.6 EXHIBIT C - FEE PROPOSAL Public Works Agency 20 Civic Center Plaza Due Date: April 9, 2024 by 2:00 p.m. PT Charles Abbott Associates, Inc. 27201 Puerta Real #200 Mission Viejo, CA 92691 Toll Free- (866) 5304980 www.caa.inc Hourly Fees below are inclusive of all costs, including general and administrative, travel, per diem, training, materials, supplies, and other items necessary to complete the project. CAA expects most of the work to be done from our corporate headquarter in Mission Viejo and will provide all materials, resources, tools and training required for our professionals to perform their assigned duties, including vehicles, cell phones, !Pads, and other technology devices that enhance our service. All of our services as well as any associated costs for labor, materials, equipment and supplies necessary to provide these services are included in our fees. CAA offers to provide Civil Engineering Plan Review Services for the following hourly rates: TITLE 'Street Improvement Plan BILLING RATE 154/hour Gradin Plan 154/hour Water Quali Mana ment Plan OMP 115/hour Geotechnical Report 150/hour Land Surveving Documents 1301hour ,Legal Description of Dedication 13011hour Landscape Irrigation Plans 130/hour 'Environmental Documents 150/hour (Trans rtation/TraRc Studies 150/hour Signing and Striping Plans 150/hour Traffic Signal Plans 150/hour Street Lightning Plans 130/hour Miscellaneous Plan Check 150/hour The above hourly rates include general and administrative overhead and fees and employee payroll burden. Rates are subject to an annual adjustment based upon increases adopted by Charles Abbott Associates, Inc. as reflected in the Consumer Price Index (CPI), co" professional government services SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/26/2024 AssuredPartners Design Professionals Insurance Services,LLC 3697 Mt.Diablo Blvd Suite 230 Lafayette CA 94549 Dani Schulze 714-202-0390 CertsDesignPro@AssuredPartners.com License#:6003745 Travelers Casualty and Surety Co of America 31194 CHARABB-01 Hartford Casualty Insurance Company 29424CharlesAbbottAssociates,Inc. 27201 Puerta Real,Ste 200 Mission Viejo CA 92691 Hartford Fire Insurance Company 19682 HARTFORD INSURANCE COMPANY 38288 740868717 C X 1,000,000 X 300,000 10,000 1,000,000 2,000,000 X Y Y 57UUNOL5517 3/31/2024 3/31/2025 2,000,000 C 1,000,000 X X X Y Y 57UENOL5516 3/31/2024 3/31/2025 B X X 8,000,000Y57XHUOL55183/31/2024Y 3/31/2025 8,000,000 X 10,000 D XY57WEOL6H6H3/31/2024 3/31/2025 1,000,000 1,000,000 1,000,000 A Professional Liability Claims Made Form 106484363 3/31/2024 3/31/2025 Per Claim Aggregate Limit $2,000,000 $4,000,000 Umbrella policy is follow-form to its underlying Policies:General Liability/Auto Liability/Employers Liability Re:On-Call Engineering Plan Check Services,RFP No:24-035 City of Santa Ana,its City Council,its officers,officials,employees and volunteers are named as an additional insured as respects general liability and auto liability as required per written contract.General Liability is Primary/Non-Contributory per policy form wording.Insurance coverage includes waiver of subrogation per the attached endorsement(s). SEVERABILITY OF INTERESTS Separation of Insureds -Except with respect to the Limits of Insurance,and any rights or duties specifically assigned in this Coverage Part to the first Named Insured,this insurance applies: See Attached... 30 Day Notice will be sent to holder City of Santa Ana Attn:Natividad Melendez,Adm Aide 20 Civic Center Plaza (M-30) Santa Ana CA 92702 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: CHARABB-01 1 1 AssuredPartners Design Professionals Insurance Services,LLC Charles Abbott Associates,Inc. 27201 Puerta Real,Ste 200 Mission Viejo CA 92691 25 CERTIFICATE OF LIABILITY INSURANCE a.As if each Named Insured were the only Named Insured;and b.Separately to each insured against whom claim is made or suit is brought. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured"than other provisions of the Coverage Form,the provisions of this endorsement apply. COMMERCIAL AUTOMOBILE HA 99 16 12 21 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. 1.BROAD FORM INSURED Paragraph .1.-WHO IS AN INSURED -of Section II -Liability Coverage is amended to add the following: d.Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1)Any legal business entity other than a partnership or joint venture,formed as a subsidiary in which you have an ownership interest of more than 50%on the effective date of the Coverage Form. However,the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured"under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2)Any organization that is acquired or formed by you and over which you maintain majority ownership.However, the Named Insured does not include any newly formed or acquired organization: (a)That is a partnership or joint venture, (b)That is an "insured"under any other policy, (c)That has exhausted its Limit of Insurance under any other policy,or (d)180 days or more after its acquisition or formation by you,unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage"that results from an "accident"that occurred before you formed or acquired the organization. e.Employees as Insureds (1).Any "employee"of yours while using a covered "auto"you don't own,hire or borrow in your business or your personal affairs. f.Lessors as Insureds (1).The lessor of a covered "auto"while the "auto"is leased to you under a written agreement if: (a)The agreement requires you to provide direct primary insurance for the lessor and (b)The "auto"is leased without a driver. Such a leased "auto"will be considered a covered "auto"you own and not a covered "auto"you hire. g.Additional Insured if Required by Contract (1)When you have agreed,in a written contract or written agreement,that a person or organization be added as an additional insured on your business auto policy,such person or organization is an "insured",but only to the extent such person or organization is liable for "bodily injury"or "property damage"caused by the conduct of an "insured"under paragraphs a.or b.of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." The insurance afforded to any such additional insured applies only if the "bodily injury"or "property damage" occurs: (a)During the policy period,and (b)Subsequent to the execution of such written contract,and Form HA 99 16 12 21 Page 1 of 5 ©2021,The Hartford (Includes copyrighted material of Insurance Services Office,Inc.with its permission.) 57UENOL5516 (c)Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2)How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy,the most we will pay on behalf of such additional insured is the lesser of: (a)The limits of insurance specified in the written contract or written agreement; or (b)The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3)Additional Insureds Other Insurance If we cover a claim or "suit"under this Coverage Part that may also be covered by other insurance available to an additional insured,such additional insured must submit such claim or "suit"to the other insurer for defense and indemnity. However,this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. (4)Duties in The Event Of Accident,Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy,the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2.- DUTIES IN THE EVENT OF ACCIDENT, CLAIM ,SUIT OR LOSS –OF SECTION IV –BUSINESS AUTO CONDITIONS,in the same manner as the Named Insured. 2.Primary and Non-Contributory if Required by Contract Only with respect to insurance provided to an additional insured in A.1.g.-Additional Insured If Required by Contract,the following provisions apply: (1)Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary,we will share with all that other insurance by the method described in Other Insurance 5.d. (2)Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance,this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (1)and (2)do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess,we will have no duty to defend the insured against any "suit"if any other insurer has a duty to defend the insured against that "suit".If no other insurer defends,we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance,we will pay only our share of the amount of the loss,if any,that exceeds the sum of: (1)The total amount that all such other insurance would pay for the loss in the absence of this insurance;and (2)The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss,if any,by the method described in SECTION IV- Business Auto Conditions,B.General Conditions,Other Insurance 5.d. 3.AUTOS RENTED BY EMPLOYEES Any "auto"hired or rented by your "employee"on your behalf and at your direction will be considered an "auto"you hire. The SECTION IV-Business Auto Conditions,B. General Conditions,5.OTHER INSURANCE Condition is amended by adding the following: e.If an "employee’s"personal insurance also applies on an excess basis to a covered "auto"hired or rented by your "employee"on your behalf and at your direction,this insurance will be primary to the "employee’s" personal insurance. Page 2 of 5 Form HA 99 16 12 21 4.AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5.-FELLOW EMPLOYEE -of SECTION II -LIABILITY COVERAGE does not apply if you have workers'compensation insurance in-force covering all of your "employees". Coverage is excess over any other collectible insurance. 5.HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos"are covered "autos"for Liability Coverage and if Comprehensive,Specified Causes of Loss,or Collision coverages are provided under this Coverage Form for any "auto" you own,then the Physical Damage Coverages provided are extended to "autos"you hire or borrow,subject to the following limit. The most we will pay for "loss"to any hired "auto" is: (1)$100,000; (2)The actual cash value of the damaged or stolen property at the time of the "loss";or (3)The cost of repairing or replacing the damaged or stolen property, whichever is smallest,minus a deductible.The deductible will be equal to the largest deductible applicable to any owned "auto"for that coverage. No deductible applies to "loss"caused by fire or lightning.Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit,deductible and excess provisions,we will provide coverage equal to the broadest coverage applicable to any covered "auto"you own. We will also cover loss of use of the hired "auto"if it results from an "accident",you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto"you hire or borrow from any of your "employees",partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 6.PHYSICAL DAMAGE -ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a.of SECTION III -PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 7.LOAN/LEASE GAP COVERAGE Under SECTION III -PHYSICAL DAMAGE COVERAGE,in the event of a total "loss"to a covered "auto",we will pay your additional legal obligation for any difference between the actual cash value of the "auto"at the time of the "loss" and the "outstanding balance"of the loan/lease. "Outstanding balance"means the amount you owe on the loan/lease at the time of "loss"less any amounts representing taxes;overdue payments;penalties,interest or charges resulting from overdue payments;additional mileage charges;excess wear and tear charges;lease termination fees;security deposits not returned by the lessor;costs for extended warranties,credit life Insurance,health,accident or disability insurance purchased with the loan or lease;and carry-over balances from previous loans or leases. 8.AIRBAG COVERAGE Under Paragraph B.EXCLUSIONS -of SECTION III -PHYSICAL DAMAGE COVERAGE,the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 9.ELECTRONIC EQUIPMENT -BROADENED COVERAGE a.The exceptions to Paragraphs B.4 - EXCLUSIONS -of SECTION III -PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c.and 4.d.do not apply to equipment designed to be operated solely by use of the power from the "auto's"electrical system that,at the time of "loss",is: (1)Permanently installed in or upon the covered "auto"; (2)Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3)An integral part of the same unit housing any electronic equipment described in Paragraphs (1)and (2)above;or (4)Necessary for the normal operation of the covered "auto"or the monitoring of the covered "auto's"operating system. b.Section III,Physical Damage Coverage,Limit of Insurance,Paragraph C.2.is amended to add the following: $1,500 is the most we will pay for "loss"in any one "accident"to all electronic equipment (other than equipment designed solely for the reproduction of sound,and accessories used with such equipment)that reproduces, receives or transmits audio,visual or data signals which,at the time of "loss",is: Form HA 99 16 12 21 Page 3 of 5 (1)Permanently installed in or upon the covered "auto"in a housing,opening or other location that is not normally used by the "auto"manufacturer for the installation of such equipment; (2)Removable from a permanently installed housing unit as described in Paragraph 2.a.above or is an integral part of that equipment;or (3)An integral part of such equipment. c.For each covered "auto",should loss be limited to electronic equipment only,our obligation to pay for,repair,return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations,or $250,whichever deductible is less. 10.EXTRA EXPENSE -BROADENED COVERAGE Under Paragraph A.-COVERAGE -of SECTION III -PHYSICAL DAMAGE COVERAGE,we will pay for the expense of returning a stolen covered "auto"to you. 11.GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D.-DEDUCTIBLE -of SECTION III -PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 12.TWO OR MORE DEDUCTIBLES Under Paragraph D.-DEDUCTIBLE -of SECTION III -PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group,Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident",the following applies: (1)If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible,it will be waived; (2)If the deductible under this Business Auto Coverage Form is not the smaller (or smallest)deductible,it will be reduced by the amount of the smaller (or smallest) deductible. 13.AMENDED DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a.- DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS -of SECTION IV -BUSINESS AUTO CONDITIONS that you must notify us of an "accident"applies only when the "accident"is known to: (1)You,if you are an individual; (2)A partner,if you are a partnership; (3)A member,if you are a limited liability company;or (4)An executive officer or insurance manager,if you are a corporation. 14.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy,we will not deny coverage under this Coverage Form because of such failure. 15.HIRED AUTO -COVERAGE TERRITORY SECTION IV,BUSINESS AUTO CONDITIONS, PARAGRAPH B.GENERAL CONDITIONS,7.- POLICY PERIOD,COVERAGE TERRITORY -is added to include the following: (6)For short-term hired "autos",the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's"responsibility to pay damages for "bodily injury"or "property damage"is determined in a "suit,"the "suit"is brought in the United States of America,the territories and possessions of the United States of America,Puerto Rico or Canada or in a settlement we agree to. 16.WAIVER OF SUBROGATION Paragraph 5.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -of SECTION IV -BUSINESS AUTO CONDITIONS A.Loss Conditions is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 17.RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury"in SECTION V- DEFINITIONS,C.is replaced by the following: "Bodily injury"means bodily injury,sickness or disease sustained by any person,including mental anguish or death resulting from any of these. 18.EXTENDED CANCELLATION CONDITION Paragraph 2.of the COMMON POLICY CONDITIONS -CANCELLATION -applies except as follows: If we cancel for any reason other than nonpayment of premium,we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. Page 4 of 5 Form HA 99 16 12 21 19.HYBRID,ELECTRIC,OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non-hybrid"auto for which Comprehensive,Specified Causes of Loss,or Collision coverages are provided under this Coverage Form,then such Physical Damage Coverages are amended as follows: a.If the auto is replaced with a "hybrid"auto or an auto powered solely by electricity or natural gas,we will pay an additional 10%,to a maximum of $2,500,of the "non-hybrid" auto’s actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c.Regardless of the number of autos deemed a total loss,the most we will pay under this Hybrid,Electric,or Natural Gas Vehicle Payment Coverage provision for any one "loss"is $10,000. For the purposes of the coverage provision, a.A "non-hybrid"auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid"auto is defined as an auto with an internal combustion engine and one or more electric motors;and that uses the internal combustion engine and one or more electric motors to move the auto,or the internal combustion engine to charge one or more electric motors,which move the auto. 20.VEHICLE WRAP COVERAGE In the event of a total loss to an "auto"for which Comprehensive,Specified Causes of Loss,or Collision coverages are provided under this Coverage Form,then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto"at the time of total loss.Regardless of the number of autos deemed a total loss,the most we will pay under this Vehicle Wrap Coverage provision for any one "loss"is $5,000.For purposes of this coverage provision,signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. Form HA 99 16 12 21 Page 5 of 5 HG 00 01 09 16 Page 1 of 21 © 2016 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section II - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. SECTION I - COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a.We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1)The amount we will pay for damages is limited as described in Section III - Limits Of Insurance; and (2)Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments - Coverages A and B. b.This insurance applies to "bodily injury" and "property damage" only if: (1)The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2)The "bodily injury" or "property damage" occurs during the policy period; and (3)Prior to the policy period, no insured listed under Paragraph 1.of Section II - Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c."Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1.of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1)Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2)Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3)Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d.Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice And Good Samaritan Coverage "Bodily injury" arising out of the rendering of or failure to render the following health care services by any "employee" or "volunteer worker" shall be deemed to be caused by an "occurrence" for: Policy #57UUNOL5517 Page 2 of 21 HG 00 01 09 16 (1)Professional health care services such as: (a)Medical, surgical, dental, laboratory, x- ray or nursing services or treatment, advice or instruction, or the related furnishing of food or beverages; (b)Any health or therapeutic service, treatment, advice or instruction; or (c)The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or (2)First aid services, which include: (a)Cardiopulmonary resuscitation, whether performed manually or with a defibrillator; or (b)Services performed as a Good Samaritan. For the purpose of determining the limits of insurance, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". However, this Incidental Medical Malpractice And Good Samaritan Coverage provision applies only if you are not engaged in the business or occupation of providing any of the services described in this provision. 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1)That the insured would have in the absence of the contract or agreement; or (2)Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a)Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b)Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1)Causing or contributing to the intoxication of any person; (2)The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3)Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a)The supervision, hiring, employment, training or monitoring of others by that insured; or (b)Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1),(2)or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1)An "employee" of the insured arising out of and in the course of: HG 00 01 09 16 Page 3 of 21 (a)Employment by the insured;or (b)Performing duties related to the conduct of the insured's business;or (2)The spouse,child,parent,brother or sister of that "employee"as a consequence of Paragraph (1)above. This exclusion applies: (1)Whether the insured may be liable as an employer or in any other capacity;and (2)To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f.Pollution (1)"Bodily injury"or "property damage" arising out of the actual,alleged or threatened discharge,dispersal,seepage, migration,release or escape of "pollutants": (a)At or from any premises,site or location which is or was at any time owned or occupied by,or rented or loaned to,any insured.However,this subparagraph does not apply to: (i)"Bodily injury"if sustained within a building and caused by smoke, fumes,vapor or soot produced by or originating from equipment that is used to heat,cool or dehumidify the building,or equipment that is used to heat water for personal use,by the building's occupants or their guests; (ii)"Bodily injury"or "property damage" for which you may be held liable,if you are a contractor and the owner or lessee of such premises,site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises,site or location and such premises,site or location is not and never was owned or occupied by,or rented or loaned to,any insured,other than that additional insured;or (iii)"Bodily injury"or "property damage" arising out of heat,smoke or fumes from a "hostile fire"; (b)At or from any premises,site or location which is or was at any time used by or for any insured or others for the handling,storage,disposal, processing or treatment of waste; (c)Which are or were at any time transported,handled,stored,treated, disposed of,or processed as waste by or for: (i)Any insured;or (ii)Any person or organization for whom you may be legally responsible; (d)At or from any premises,site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants"are brought on or to the premises,site or location in connection with such operations by such insured, contractor or subcontractor.However, this subparagraph does not apply to: (i)"Bodily injury"or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical,hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts,if such fuels,lubricants or other operating fluids escape from a vehicle part designed to hold,store or receive them .This exception does not apply if the "bodily injury"or "property damage" arises out of the intentional discharge,dispersal or release of the fuels,lubricants or other operating fluids,or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged,dispersed or released as part of the operations being performed by such insured, contractor or subcontractor ; (ii)"Bodily injury"or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on yo ur behalf by a contractor or subcontractor;or (iii)"Bodily injury"or "property damage" arising out of heat,smoke or fumes from a "hostile fire";or (e)At or from any premises,site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the Page 4 of 21 HG 00 01 09 16 operations are to test for,monitor, clean up,remove,contain,treat, detoxify or neutralize,or in any way respond to,or assess the effects of, "pollutants". (2)Any loss,cost or expense arising out of any: (a)Request,demand,order or statutory or regulator y requirement that any insured or others test for,monitor, clean up,remove,contain,treat, detoxify or neutralize,or in any way respond to,or assess the effects of, "pollutants";or (b)Claim or suit by or on behalf of a governmental authority for damages because of testing for,monitoring, cleaning up,removing,containing, treating,detoxifying or neutralizing,or in any way responding to,or assessing the effects of,"pollutants". However,this paragraph does not apply to liability for damages because of "propert y damage"that the insured would have in the absence of such request,demand, order or statutory or regulator y requirement,or such claim or "suit"by or on behalf of a governmental authority. g.Aircraft,Auto Or Watercraft "Bodily injury"or "property damage"arising out of the ownership,maintenance,use or entrustment to others of any aircraft,"auto"or watercraft owned or operated by or rented or loaned to any insured.Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,hiring, employmen t,training or monitoring of others by that insured,if the "occurrence"which caused the "bodily injury"or "property damage"involved the ownership, maintenance,use or entrustment to others of any aircraft,"auto"or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1)A watercraft while ashore on premises you own or rent; (2)A watercraft you do not own that is: (a)Less than 51 feet long;and (b)Not being used to carry persons for a charge; (3)Parking an "auto"on,or on the ways next to,premises you own or rent,provided the "auto"is not owned by or rented or loaned to you or the insured; (4)Liability assumed under any "insured contract"for the ownership,maintenance or use of aircraft or watercraft; (5)"Bodily injury"or "property damage" arising out of: (a)The operation of machinery or equipment that is attached to,or part of,a land vehicle that would qualify under the definition of "mobile equipment"if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged;or (b)The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3)of the definition of "mobile equipment";or (6)An aircraft that is not owned by any insured and is hired,chartered or loaned with a paid crew.However,this exception does not apply if the insured has any other insurance for such "bodily injury"or "property damage",whether the other insurance is primary,excess,contingent or on any other basis. h.Mobile Equipment "Bodily injury"or "property damage"arising out of: (1)The transportation of "mobile equipment" by an "auto"owned or operated by or rented or loaned to any insured;or (2)The use of "mobile equipment"in,or while in practice for,or while being prepared for, any prearranged racing,speed, demolition,or stunting activity. i.War "Bodily injury"or "property damage",however caused,arising,directly or indirectly,out of: (1)War,including undeclared or civil war; (2)Warlike action by a military force,including action in hindering or defending against an actual or expected attack,by any government,sovereign or other authority using military personnel or other agents; or (3)Insurrection,rebellion,revolution,usurped power,or action taken by governmental authority in hindering or defending against any of these. j.Damage To Property "Property damage"to: (1)Property you own,rent,or occupy, including any costs or expenses incurred by you,or any other person,organization or entity,for repair,replacement, HG 00 01 09 16 Page 5 of 21 enhancement,restoration or maintenance of such property for any reason,including prevention of injury to a person or damage to another's property; (2)Premises you sell,give away or abandon, if the "property damage"arises out of any part of those premises; (3)Property loaned to you; (4)Personal property in the care,custody or control of the insured; (5)That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations,if the "property damage"arises out of those operations;or (6)That particular part of any property that must be restored,repaired or replaced because "your work"was incorrectly performed on it. Paragraphs (1),(3)and (4)of this exclusion do not apply to "property damage"(other than damage by fire)to premises,including the contents of such premises,rented to you for a period of seven or fewer consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as describ ed in Section III -Lim its Of Insurance. Paragraph (2)of this exclusion does not apply if the premises are "your work"and were never occupied,rented or held for rental by you. Paragraphs (3)and (4)of this exclusion do not apply to "property damage"arising from the use of elevators. Paragraphs (3),(4),(5)and (6)of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3)and (4)of this exclusion do not apply to "property damage"to borrowed equipment while not being used to perform operations at the job site. Paragraph (6)of this exclusion does not apply to "property damage"included in the "products-comp leted operations hazard". k.Damage To Your Product "Property damage"to "your product"arising out of it or any part of it. l.Damage To Your Work "Property damage"to "your work"arising out of it or any part of it and included in the "products-comp leted operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m.Damage To Impaired Property Or Property Not Physically Injured "Property damage"to "impaired property"or property that has not been physically injured, arising out of: (1)A defect,deficiency,inadequacy or dangerous condition in "your product"or "your work";or (2)A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product"or "your work"after it has been put to its intended use. n.Recall Of Products,Work Or Impaired Property Damages claimed for any loss,cost or expense incurred by you or others for the loss of use,withdrawal,recall,inspection,repair, replacement,adjustment,removal or disposal of: (1)"Your product"; (2)"Your work";or (3)"Impaired property"; if such product,work,or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect,deficiency, inadequacy or dangerous condition in it. o.Personal And Advertising Injury "Bodily injury"arising out of "personal and advertising injury". p.Access or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1)Any access to or disclosure of any person's or organization's confidential or personal information,including patents, trade secrets,processing methods, customer lists,financial information,credit card information,health information or any other type of nonpublic information;or (2)The loss of,loss of use of,damage to, corruption of,inability to access,or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs,credit monitoring expenses,forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1)or (2)above. Page 6 of 21 HG 00 01 09 16 However,unless Paragraph (1)above applies,this exclusion does not apply to damages because of "bodily injury". As used in this exclusion,electronic data means information,facts or programs stored as or on,created or used on,or transmitted to or from computer software,including systems and applications software,hard or floppy disks,CD-ROMS,tapes,drives,cells,data processing devices or any other media which are used with electronically controlled equipment. q.Employment-Related Practices "Bodily injury"to: (1)A person arising out of any "employment- related practices";or (2)The spouse,child,parent,brother or sister of that person as a consequence of "bodily injury"to that person at whom any "employment-related practices"are directed. This exclusion applies: (1)Whether the injury-causing event described in the definition of "employment- related practices"occurs before employment,during employment or after employment of that person; (2)Whether the insured may be liable as an employer or in any other capacity;and (3)To any obligation to share damages with or repay someone else who must pay damages because of the injury. r.Asbestos (1)"Bodily injury"or "property damage" arising out of the "asbestos hazard". (2)Any damages,judgments,settlements, loss,costs or expenses that: (a)May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b)Arise out of any request,demand, order or statutory or regulatory requirement that any insured or others test for,monitor,clean up,remove, encapsulate,contain,treat,detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard";or (c)Arise out of any claim or suit for damages because of testing for, monitoring,cleaning up,removing, encapsulating,containing,treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". s.Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury"or "property damage"arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1)The Telephone Consumer Protection Act (TCPA),including any amendment of or addition to such law; (2)The CAN-SPAM Act of 2003,including any amendment of or addition to such law; (3)The Fair Credit Reporting Act (FCRA),and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA);or (4)Any federal,state or local statute, ordinance or regulation,other than the TCPA or CAN-SPAM Act of 2003 or FCRA and their amendments and additions,that addresses,prohibits or limits the printing, dissemination,disposal,collecting, recording,sending,transmitting, communicating or distribution of material or information. Damage To Premises Rented To You - Exception For Damage By Fire,Lightning Or Explosion Exclusions c.through h.and j.through n.do not apply to damage by fire,lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner.A separate limit of insurance applies to this coverage as described in Section III -Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1.Insuring Agreement a.We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies.W e will have the right and duty to defend the insured against any "suit"seeking those damages. However,we will have no duty to defend the insured against any "suit"seeking damages for "personal and advertising injury"to which this insurance does not apply.We may,at our discretion,investigate any offense and settle any claim or "suit"that may result.But: (1)The amount we will pay for damages is limited as described in Section III -Limits Of Insurance;and (2)Our right and duty to defend end when we have used up the applicable lim it of insurance in the payment of judgments or HG 00 01 09 16 Page 7 of 21 settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments -Coverages A and B. b.This insurance applies to "personal and advertising injur y"caused by an offense arising out of your business but only if the offense was committed in the "coverage territory"during the policy period. 2.Exclusions This insurance does not apply to: a.Knowing Violation Of Rights Of Another "Personal and advertising injury"arising out of an offense committed by,at the direction or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b.Material Published With Knowledge Of Falsity "Personal and advertising injury"arising out of oral,written or electronic publication,in any manner,of material,if done by or at the direction of the insured with knowledge of its falsity. c.Material Published Prior To Policy Period "Personal and advertising injury"arising out of oral,written or electronic publication,in any manner,of material whose first publication took place before the beginning of the policy period. d.Criminal Acts "Personal and advertising injury"arising out of a criminal act committed by or at the direction of the insured. e.Contractual Liability "Personal and advertising injury"for which the insured has assumed liability in a contract or agreement.This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f.Breach Of Contract "Personal and advertising injury"arising out of a breach of contract,except an implied contract to use another's "advertising idea"in your "advertisement". g.Quality Or Performance Of Goods -Failure To Conform To Statements "Personal and advertising injury"arising out of the failure of goods,products or services to conform with any statement of quality or performance made in your "advertisement". h.Wrong Description Of Prices "Personal and advertising injury"arising out of the wrong description of the price of goods, products or services. i.Infringement Of Intellectual Property Rights (1)"Personal and advertising injury"arising out of any actual or alleged infringement or violation of any intellectual property rights such as copyright,patent, trademark,trade name,trade secret,trade dress,service mark or other designation of origin or authenticity;or (2)Any injury or damage alleged in any clam or "suit"that also alleges an infringement or violation of any intellectual property right,whether such allegation of infringement or violation is made by you or by any other party involved in the claim or "suit",regardless of whether this insurance would otherwise apply. However,this exclusion does not apply if the only allegation in the claim or "suit"involving any intellectual property right is limited to: (1)Infringement,in your "advertisement",of: (a)Copyright; (b)Slogan;or (c)Title of any literary or artistic work;or (2)Copying,in your "advertisement",a person's or organization's "advertising idea"or style of "advertisement". j.Insureds In Media And Internet Type Businesses "Personal and advertising injury"committed by an insured whose business is: (1)Advertising,broadcasting,publishing or telecasting; (2)Designing or determining content of web sites for others;or (3)An Internet search,access,content or service provider. However,this exclusion does not apply to Paragraphs a.,b.and c.of the definition of "personal and advertising injury"under the Definitions Section. For the purposes of this exclusion,the placing of frames,borders or links,or advertising,for you or others anywhere on the Internet,is not by itself,considered the business of advertising,broadcasting,publishing or telecasting. k.Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury"arising out of an electronic chatroom or bulletin board the Page 8 of 21 HG 00 01 09 16 insured hosts,owns,or over which the insured exercises control. l.Unauthorized Use Of Another's Name Or Product "Personal and advertising injury"arising out of the unauthorized use of another's name or product in your e-mail address,domain name or metatags,or any other similar tactics to mislead another's potential customers. m.Pollution "Personal and advertising injury"arising out of the actual,alleged or threatened discharge, dispersal,seepage,migration,release or escape of "pollutants"at any time. n.Pollution-Related Any loss,cost or expense arising out of any: (1)Request,demand,order or statutory or regulatory requirement that any insured or others test for,monitor,clean up,remove, contain,treat,detoxify or neutralize,or in any way respond to,or assess the effects of,"pollutants";or (2)Claim or suit by or on behalf of a governmental authority for damages because of testing for,monitoring, cleaning up,removing,containing, treating,detoxifying or neutralizing,or in any way responding to,or assessing the effects of,"pollutants". o.War "Personal and advertising injury",however caused,arising,directly or indirectly,out of: (1)War,including undeclared or civil war; (2)Warlike action by a military force,including action in hindering or defending against an actual or expected attack,by any government,sovereign or other authority using military personnel or other agents; or (3)Insurrection,rebellion,revolution,usurped power,or action taken by governmental authority in hindering or defending against any of these. p.Internet Advertisements And Content Of Others "Personal and advertising injury"arising out of: (1)An "advertisement"for others on your web site; (2)Placing a link to a web site of others on your web site; (3)Content,including information,sounds, text,graphics,or images from a web site of others displayed within a frame or border on your web site;or (4)Computer code,software or programming used to enable: (a)Your web site;or (b)The presentation or functionality of an "advertisement"or other content on your web site. q.Right Of Privacy Created By Statute "Personal and advertising injury"arising out of the violation of a person's right of privacy created by any state or federal act. However,this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act. r.Violation Of Anti-Trust law "Personal and advertising injury"arising out of a violation of any anti-trust law. s.Securities "Personal and advertising injury"arising out of the fluctuation in price or value of any stocks, bonds or other securities. t.Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury"arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1)The Telephone Consumer Protection Act (TCPA),including any amendment of or addition to such law; (2)The CAN-SPAM Act of 2003,including any amendment of or addition to such law; (3)The Fair Credit Reporting Act (FCRA),and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA);or (4)Any federal,state or local statute, ordinance or regulation,other than the TCPA or CAN-SPAM Act of 2003 or FCRA and their amendments and additions,that addresses,prohibits or limits the printing, dissemination,disposal,collecting, recording,sending,transmitting, communicating or distribution of ma terial or information. u.Employment-Related Practices "Personal and advertising injury"to: (1)A person arising out of any "employment- related practices";or (2)The spouse,child,parent,brother or sister of that person as a consequence of "personal and advertising injury"to that person at whom any "employment-related practices"are directed. HG 00 01 09 16 Page 9 of 21 This exclusion applies: (1)Whether the injury-causing event described in the definition of "employment- related practices"occurs before employment,during employment or after employment of that person; (2)Whether the insured may be liable as an employer or in any other capacity;and (3)To any obligation to share damages with or repay someone else who must pay damages because of the injury. v.Asbestos (1)"Personal and advertising injury"arising out of the "asbestos hazard". (2)Any damages,judgments,settlements, loss,costs or expenses that: (a)May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b)Arise out of any request,demand, order or statutory or regulatory requirement that any insured or others test for,monitor,clean up,remove, encapsulate,contain,treat,detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard";or (c)Arise out of any claim or suit for damages because of testing for, monitoring,cleaning up,removing, encapsulating,containing,treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". w.Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury"arising out of any access to or disclosure of any person's or organization's confidential or personal information,including patents,trade secrets, processing methods,customer lists,financial information,credit card information,health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs,credit monitoring expenses,forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. COVERAGE C MEDICAL PAYMENTS 1.Insuring Agreement a.We will pay medical expenses as described below for "bodily injury"caused by an accident: (1)On premises you own or rent; (2)On ways next to premises you own or rent;or (3)Because of your operations; provided that: (1)The accident takes place in the "coverage territory"and during the policy period; (2)The expenses are incurred and reported to us within three years of the date of the accident;and (3)The injured person submits to examination,at our expense,by physicians of our choice as often as we reasonably require. b.We will make these payments regardless of fault.These payments will not exceed the applicable limit of insurance.We will pay reasonable expenses for: (1)First aid administered at the time of an accident; (2)Necessary medical,surgical,X-ray and dental services,including prosthetic devices;and (3)Necessary ambulance,hospital, professional nursing and funeral services. 2.Exclusions We will not pay expenses for "bodily injury": a.Any Insured To any insured,except "volunteer workers". b.Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c.Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d.Workers Compensation And Similar Laws To a person,whether or not an "employee"of any insured,if benefits for the "bodily injury"are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e.Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games,sports,or athletic contests. Page 10 of 21 HG 00 01 09 16 f.Products-Completed Operations Hazard Included within the "products-completed operations hazard". g.Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1.We will pay,with respect to any claim we investigate or settle,or any "suit"against an insured we defend: a.All expenses we incur. b.Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c.The cost of appeal bonds or bonds to release attachments,but only for bond amounts within the applicable limit of insurance.We do not have to furnish these bonds. d.All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. e.All court costs taxed against the insured in the "suit".However,such costs do not include attorneys'fees,attorneys'expenses, witness or expert fees,or any other expenses of a party taxed to the insured. f.Prejudgment interest awarded against the insured on that part of the judgment we pay.If we make an offer to pay the applicable limit of insurance,we will not pay any prejudgment interest based on that period of time after the offer. g.All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid,offered to pay,or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2.If we defend an insured against a "suit"and an indemnitee of the insured is also named as a party to the "suit",we will defend that indemnitee if all of the follo wing conditions are met: a.The "suit"against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b.This insurance applies to such liabilit y assumed by the insured; c.The obligation to defend,or the cost of the defense of,that indemnitee,has also been assumed by the insured in the same "insured contract"; d.The allegations in the "suit"and the information we know about the "occurrence " are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e.The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit"and agree that we can assign the same counsel to defend the insured and the indemnitee;and f.The indemnitee: (1)Agrees in writing to: (a)Cooperate with us in the investigation, settlement or defense of the "suit"; (b)Immediately send us copies of any demands,notices,summonses or legal papers received in connection with the "suit"; (c)Notify any other insurer whose coverage is available to the indemnitee;and (d)Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2)Provides us with written authorization to: (a)Obtain records and other information related to the "suit";and (b)Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys'fees incurred by us in the defense of that indemnitee,necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2)of Section I -Coverage A -Bodily Injury And Property Damage Liability,such payments will not be deemed to be damages for "bodily injury"and "property damage"and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys'fees and necessary litigation expenses as Supplementary Payments ends when: a.We have used up the applicable limit of insurance in the payment of judgments or settlements;or b.The conditions set forth above,or the terms of the agreement described in Paragraph f. above,are no longer met. HG 00 01 09 16 Page 11 of 21 SECTION II -WHO IS AN INSURED 1.If you are designated in the Declarations as: a.An individual,you and your spouse are insureds,but only with respect to the conduct of a business of which you are the sole owner. b.A partnership or joint venture,you are an insured.Your members,your partners,and their spouses are also insureds,but only with respect to the conduct of your business. c.A limited liability company,you are an insured.Your members are also insureds,but only with respect to the conduct of your business.Your managers are insureds,but only with respect to their duties as your managers. d.An organization other than a partnership,joint venture or limited liability company,you are an insured.Your "executive officers"and directors are insureds,but only with respect to their duties as your officers or directors.Your stockholders are also insureds,but only with respect to their liability as stockholders. e.A trust,you are an insured.Your trustees are also insureds,but only with respect to their duties as trustees. 2.Each of the following is also an insured: a.Employees And Volunteer Workers Your "volunteer workers"only while performing duties related to the conduct of your business,or your "employees",other than either your "executive officers"(if yo u are an organization other than a partnership,joint venture or limited liability company)or your managers (if you are a limited liability company),but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However,none of these "employees"or "volunteer workers"are insureds for: (1)"Bodily injury"or "personal and advertising injury": (a)To you,to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company),to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business,or to your other "volunteer workers"while performing duties related to the conduct of your business; (b)To the spouse,child,parent,brother or sister of that co-"employee"or that "volunteer worker"as a consequence of Paragraph (1)(a)above; (c)For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a)or (1)(b)above;or (d)Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services: (a)Subparagraphs (1)(a),(1)(b)and (1)(c) above do not apply to any "employee" or "volunteer worker"providing first aid services;and (b)Subparagraph (1)(d)above does not apply to any nurse,emergency medical technician or paramedic employed by you to provide such services. (2)"Property damage"to property: (a)Owned,occupied or used by, (b)Rented to,in the care,custody or control of,or over which physical control is being exercised for any purpose by you,any of your "employees","volunteer workers",any partner or member (if you are a partnership or joint venture),or any member (if you are a limited liability company). b.Real Estate Manager Any person (other than your "employee"or "volunteer worker"),or any organization while acting as your real estate manager. c.Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1)With respect to liability arising out of the maintenance or use of that property;and (2)Until your legal representative has been appointed. d.Legal Representative If You Die Your legal representative if you die,but only with respect to duties as such.That representative will have all your rights and duties under this Coverage Part. e.Unnamed Subsidiary Any subsidiary,and subsidiary thereof,of yours which is a legally incorporated entity of which you own a financial interest of more than 50%of the voting stock on the effective date of the Coverage Part. Page 12 of 21 HG 00 01 09 16 The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which such insured is also a named insured under another policy or would be a named insured under such policy but for its termination or the exhaustion of its limits of insurance. 3.Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership,joint venture or limited liability company,and over which you maintain financial interest of more than 50%of the voting stock,will qualify as a Named Insured if there is no other similar insurance available to that organization.However: a.Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period,whichever is earlier; b.Coverage A does not apply to "bodily injury" or "property damage"that occurred before you acquired or formed the organization;and c.Coverage B does not apply to "personal and advertising injury"arising out of an offense committed before you acquired or formed the organization. 4.Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge,any person is an insured while operating such watercraft with your permission.Any other person or organization responsible for the conduct of such person is also an insured,but only with respect to liability arising out of the operation of the watercraft,and only if no other insurance of any kind is available to that person or or ganization for this liability. However,no person or organization is an insured with respect to: a."Bodily injury"to a co-"employee"of the person operating the watercraft;or b."Property damage"to property owned by, rented to,in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5.Additional Insureds When Required By Written Contract,Written Agreement Or Permit The following person(s)or organization(s)are an additional insured when you have agreed,in a written contract,written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy,provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However,no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a.Vendors Any person(s)or organization(s)(referred to below as vendor),but only with respect to "bodily injury"or "property damage"arising out of "your products"which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury"or "property damage"included within the "products-completed operations hazard". (1)The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a)"Bodily injury"or "property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b)Any express warranty unauthorized by you; (c)Any physical or chemical change in the product made intentionally by the vendor; (d)Repackaging,except when unpacked solely for the purpose of inspection, demonstration,testing,or the substitution of parts under instructions from the manufacturer,and then repackaged in the original container; (e)Any failure to make such inspections, adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products; (f)Demonstration,installation,servicing or repair operations,except such operations performed at the vendor's premises in connection with the sale of the product; (g)Products which,after distribution or sale by you,have been labeled or relabeled or used as a container,part or ingredient of any other thing or substance by or for the vendor;or HG 00 01 09 16 Page 13 of 21 (h)"Bodily injury"or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf.However,this exclusion does not apply to: (i)The exceptions contained in Sub- paragraphs (d)or (f);or (ii)Such inspections,adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products. (2)This insurance does not apply to any insured person or organization,from whom you have acquired such products, or any ingredient,part or container, entering into,accompanying or containing such products. b.Lessors Of Equipment (1)Any person(s)or organization(s)from whom you lease equipment;but only with respect to their liability for "bodily injury", "property damage"or "personal and advertising injury"caused,in whole or in part,by your maintenance,operation or use of equipment leased to you by such person(s)or organization(s). (2)With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence"which takes place after the equipment lease expires. c.Lessors Of Land Or Premises Any person or organization from whom you lease land or premises,but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1.Any "occurrence"which takes place after you cease to lease that land;or 2.Structural alterations,new construction or demolition operations performed by or on behalf of such person or organization. d.Architects,Engineers Or Surveyors Any architect,engineer,or surveyor,but only with respect to liability for "bodily injury", "property damage"or "personal and advertising injury"caused,in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1)In connection with your premises;or (2)In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds,the following additional exclusion applies: This insurance does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out of the rendering of or the failure to render any professional services by or for you,including: 1.The preparing,approving,or failing to prepare or approve,maps,shop drawings, opinions,reports,surveys,field orders, change orders or drawings and specifications;or 2.Supervisory,inspection,architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,hiring, employment,training or monitoring of others by that insured,if the "occurrence"which caused the "bodily injury"or "property damage",or the offense which caused the "personal and advertising injury",involved the rendering of or the failure to render any professional services by or for you. e.Permits Issued By State Or Political Subdivisions Any state or political subdivision,but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds,this insurance does not apply to: (1)"Bodily injury","property damage"or "personal and advertising injury"arising out of operations performed for the state or municipality;or (2)"Bodily injury"or "property damage" included within the "products-comp leted operations hazard". f.Any Other Party Any other person or organization who is not an additional insured under Paragraphs a. through e.above,but only with respect to liability for "bodily injury","property damage" or "personal and advertising injury"caused,in whole or in part,by your acts or omissions or the acts or omissions of those acting on your behalf: (1)In the performance of your ongoing operations; Page 14 of 21 HG 00 01 09 16 (2)In connection with your premises owned by or rented to you;or (3)In connection with "your work"and included within the "products-completed operations hazard",but only if (a)The written contract or agreement requires you to provide such coverage to such additional insured;and (b)This Coverage Part provides coverage for "bodily injury"or "property damage" included within the "products- completed operations hazard". However: (1)The insurance afforded to such additional insured only applies to the extent permitted by law;and (2)If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds,this insurance does not apply to: "Bodily injury","property damage"or "personal and advertising injury"arising out of the rendering of,or the failure to render,any professional architectural,engineering or surveying services,including: (1)The preparing,approving,or failing to prepare or approve,maps,shop drawings, opinions,reports,surveys,field orders, change orders or drawings and specifications;or (2)Supervisory,inspection,architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,hiring, employmen t,training or monitoring of others by that insured,if the "occurrence"which caused the "bodily injury"or "property damage",or the offense which caused the "personal and advertising injury",involved the rendering of or the failure to render any professional services by or for you. The limits of insurance that apply to additional insureds is described in Section III -Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV - Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability compan y that is not shown as a Named Insured in the Declarations. SECTION III -LIMITS OF INSURANCE 1.The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a.Insureds; b.Claims made or "suits"brought;or c.Persons or organizations making claims or bringing "suits". 2.General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a.Medical expenses under Coverage C; b.Damages under Coverage A,except damages because of "bodily injur y"or "property damage"included in the "products- completed operations hazard";and c.Damages under Coverage B. 3.Products-Completed Operations Aggregate Limit The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury"and "property damage"included in the "products- completed operations hazard". 4.Personal And Advertising Injury Limit Subject to 2.above,the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5.Each Occurrence Limit Subject to 2.or 3.above,whichever applies,the Each Occurrence Limit is the most we will pay for the sum of: a.Damages under Coverage A;and b.Medical expenses under Coverage C because of all "bodily injury"and "property damage"arising out of any one "occurrence". 6.Damage To Premises Rented To You Limit Subject to 5.above,the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage"to any one premises,while rented to you,or in the case of damage by fire, lightning or explosion,while rented to you or temporarily occupied by you with permission of the owner. HG 00 01 09 16 Page 15 of 21 In the case of damage by fire,lightning or explosion,the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event,whether such damage results from fire,lightning or explosion or any combination of these. 7.Medical Expense Limit Subject to 5.above,the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8.How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your p olicy, the most we will pay on behalf of such additional insured is the lesser of: a.The limits of insurance specified in the written contract or written agreement;or b.The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations,unless the policy period is extended after issuance for an additional period of less than 12 months.In that case,the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS 1.Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2.Duties In The Event Of Occurrence,Offense, Claim Or Suit a.Notice Of Occurrence Or Offense You or any additional insured must see to it that we ar e notified as soon as practicable of an "occurrence"or an offense which may result in a claim.To the extent possible, notice should include: (1)How,when and where the "occurrence"or offense took place; (2)The names and addresses of any injured persons and witnesses;and (3)The nature and location of any injury or damage arising out of the "occurrence"or offense. b.Notice Of Claim If a claim is made or "suit"is brought against any insured,you or any additional insured must: (1)Immediately record the specifics of the claim or "suit"and the date received;and (2)Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit"as soon as practicable. c.Assistance And Cooperation Of The Insured You and any other involved insured must: (1)Immediately send us copies of any demands,notices,summonses or legal papers received in connection with the claim or "suit"; (2)Authorize us to obtain records and other information; (3)Cooperate with us in the investigation or settlement of the claim or defense against the "suit";and (4)Assist us,upon our request,in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d.Obligations At The Insureds Own Cost No insured will,except at that insured's own cost,voluntarily make a payment,assume any obligation,or incur any expense,other than for first aid,without our consent. e.Additional Insureds Other Insurance If we cover a claim or "suit"under this Coverage Part that may also be covered by other insurance available to an additional insured,such additional insured must submit such claim or "suit"to the other insurer for defense and indemnity. However,this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. f.Knowledge Of An Occurrence,Offense, Claim Or Suit Paragraphs a.and b.apply to you or to any additional insured only when such "occurrence",offense,claim or "suit"is known to: (1)You or any additional insured that is an individual; (2)Any partner,if you or the additional insured is a partnership; Page 16 of 21 HG 00 01 09 16 (3)Any manager,if you or the additional insured is a limited liability company; (4)Any "executive officer"or insurance manager,if you or the additional insured is a corporation; (5)Any trustee,if you or the additional insured is a trust;or (6)Any elected or appointed official,if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3.Legal Action Against Us No person or organization has a right under this Coverage Part: a.To join us as a party or otherwise bring us into a "suit"asking for damages from an insured;or b.To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured;but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance.An agreed settlement means a settlement and release of liability signed by us,the insured and the claimant or the claimant's legal representative. 4.Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part,our obligations are limited as follows: a.Primary Insurance This insurance is primary except when b. below applies.If other insurance is also primary,we will share with all that other insurance by the method described in c. below. b.Excess Insurance This insurance is excess over any of the other insurance,whether primary,excess, contingent or on any other basis: (1)Your Work That is Fire,Extended Coverage,Builder's Risk,Installation Risk or similar coverage for "your work"; (2)Premises Rented To You That is fire,lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3)Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage"to premises rented to you or temporarily occupied by you with permission of the owner; (4)Aircraft,Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft,"autos"or watercraft to the extent not subject to Exclusion g.of Section I -Coverage A -Bodily Injury And Property Damage Liability; (5)Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j.of Section I -Coverage A - Bodily Injury And Property Damage Liability; (6)When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations,or products and completed operations,for which you have been added as an additional insured by that insurance;or (7)When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However,the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a)Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary.If other insurance is also primary,we will share with all that other insurance by the method described in c.below. (b)Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract,written agreement,or permit that this insurance is primary and non- contributory with the additional insured's own insurance,this insurance is primary and we will not seek contribution from that other insurance. HG 00 01 09 16 Page 17 of 21 Paragraphs (a)and (b)do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess,we will have no duty under Coverages A or B to defend the insured against any "suit"if any other insurer has a duty to defend the insured against that "suit".If no other insurer defends, we will undertake to do so,but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance,we will pay only our share of the amount of the loss,if any,that exceeds the sum of: (1)The total amount that all such other insurance would pay for the loss in the absence of this insurance;and (2)The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss,if any,with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c.Method Of Sharing If all of the other insurance permits contribution by equal shares,we will follow this method also.Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains,whichever comes first. If any of the other insurance does not permit contribution by equal shares,we will contribute by limits.Under this method,each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5.Premium Audit a.We will compute all premiums for this Coverage Part in accordance with our rules and rates. b.Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill.If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium,we will return the excess to the first Named Insured. c.The first Named Insured must keep records of the information we need for premium computation,and send us copies at such times as we may request. 6.Representations a.When You Accept This Policy By accepting this policy,you agree: (1)The statements in the Declarations are accurate and complete; (2)Those statements are based upon representations you made to us;and (3)We have issued this policy in reliance upon your representations. b.Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part,we shall not deny coverage under this Coverage Part because of such failure. 7.Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a.As if each Named Insured were the only Named Insured;and b.Separately to each insured against whom claim is made or "suit"is brought. 8.Transfer Of Rights Of Recovery Against Others To Us a.Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment,including Supplementary Payments,we have made under this Coverage Part,those rights are transferred to us.The insured must do nothing after loss to impair them.At our request,the insured will bring "suit"or transfer those rights to us and help us enforce them. b.Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment,including Supplementary Payments,we have made under this Coverage Part,we also waive that right,provided the insured waived their rights of recovery against such person or organization in a contract,agreement or permit that was executed prior to the injury or damage. 9.When We Do Not Renew If we decide not to renew this Coverage Part,we will mail or deliver to the first Named Insured shown in the Declarations written notice of the Page 18 of 21 HG 00 01 09 16 nonrenewal not less than 30 days before the expiration date. If notice is mailed,proof of mailing will be sufficient proof of notice. SECTION V -DEFINITIONS 1."Advertisement"means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a.(1)Radio; (2)Television; (3)Billboard; (4)Magazine; (5)Newspaper;or b.Any other publication that is given widespread public distribution. However,"advertisement"does not include: a.The design,printed material,information or images contained in,on or upon the packaging or labeling of any goods or products;or b.An interactive conversation between or among persons through a computer network. 2."Advertising idea"means any idea for an "advertisement". 3."Asbestos hazard"means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4."Auto"means: a.A land motor vehicle,trailer or semitrailer designed for travel on public roads,including any attached machinery or equipment;or b.Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However,"auto"does not include "mobile equipment". 5."Bodily injury"means physical: a.Injury; b.Sickness;or c.Disease sustained by a person and,if arising out of the above,mental anguish or death at any time. 6."Coverage territory"means: a.The United States of America (including its territories and possessions),Puerto Rico and Canada; b.International waters or airspace,but only if the injury or damage occurs in the course of travel or transportation between any places included in a.above;or c.All other parts of the world if the injury or damage arises out of: (1)Goods or products made or sold by you in the territory described in a.above; (2)The activities of a person whose home is in the territory described in a.above,but is away for a short time on your business;or (3)"Personal and advertising injury"offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada,in a "suit"on the merits according to the substantive law in such territory or in a settlement we agree to. 7."Employee"includes a "leased worker". "Employee"does not include a "temporary worker". 8."Employment-Related Practices"means: a.Refusal to employ that person; b.Termination of that person's employment;or c.Employment-related practices,policies,acts or omissions,such as coercion,demotion, evaluation,reassignment,discipline, defamation,harassment,humiliation, discrimination or malicious prosecution directed at that person. 9."Executive officer"means a person holding any of the officer positions created by your charter, constitution,by-laws or any other similar governing document. 10."Hostile fire"means one which becomes uncontrollable or breaks out from where it was intended to be. 11."Impaired property"means tangible property, other than "your product"or "your work",that cannot be used or is less useful because: a.It incorporates "your product"or "your work" that is known or thought to be defective, deficient,inadequate or dangerous;or b.You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair,replacement,adjustment or removal of "your product"or "your work",or your fulfilling the terms of the contract or agreement. 12."Insured contract"means: a.A contract for a lease of premises.However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire,lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage to HG 00 01 09 16 Page 19 of 21 Premises Rented To You Limit described in Section III -Lim its of Insurance; b.A sidetrack agreement; c.Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d.An obligation,as required by ordinance,to indemnify a municipality,except in connection with work for a municipality; e.An elevator maintenance agreement; f.That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality)under which you assume the tort liability of another party to pay for "bodily injury"or "property damage"to a third person or organization, provided the "bodily injury"or "property damage"is caused,in whole or in part,by you or by those acting on your behalf.Tort liability means a liability that would be imposed b y law in the absence of any contract or agreement. Paragraph f.includes that part of any contract or agreement that indemnifies a railroad for "bodily injury"or "property damage"arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle,tracks, road-beds,tunnel,underpass or crossing. However,Paragraph f.does not include that part of any contract or agreement: (1)That indemnifies an architect,engineer or surveyor for injury or damage arising out of: (a)Preparing,approving,or failing to prepare or approve,maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications;or (b)Giving directions or instructions,or failing to give them,if that is the primary cause of the injury or damage; or (2)Under which the insured,if an architect, engineer or surveyor,assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services,including those listed in (1)above and supervisory,inspection, architectural or engineering activities. 13."Leased worker"means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm,to perform duties related to the conduct of your business."Leased worker"does not include a "temporary worker". 14."Loading or unloading"means the handling of property: a.After it is moved from the place where it is accepted for movement into or onto an aircraft,watercraft or "auto"; b.While it is in or on an aircraft,watercraft or "auto";or c.While it is being moved from an aircraft, watercraft or "auto"to the place where it is finally delivered; but "loading or unloading"does not include the movement of property by means of a mechanical device,other than a hand truck,that is not attached to the aircraft,watercraft or "auto". 15."Mobile equipment"means any of the following types of land vehicles,including any attached machinery or equipment: a.Bulldozers,farm machinery,forklifts and other vehicles designed for use principally off public roads; b.Vehicles maintained for use solely on or next to premises you own or rent; c.Vehicles that travel on crawler treads; d.Vehicles,whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1)Power cranes,shovels,loaders,diggers or drills;or (2)Road construction or resurfacing equipment such as graders,scrapers or rollers; e.Vehicles not described in a.,b.,c.or d.above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1)Air compressors,pumps and generators, including spraying,welding,building cleaning,geophysical exploration,lighting and well servicing equipment;or (2)Cherry pickers and similar devices used to raise or lower workers; f.Vehicles not described in a.,b.,c.or d.above maintained primarily for purposes other than the transportation of persons or cargo. However,self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment"but will be considered "autos": (1)Equipment designed primarily for: (a)Snow removal; (b)Road maintenance,but not construction or resurfacing;or (c)Street cleaning; Page 20 of 21 HG 00 01 09 16 (2)Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers;and (3)Air compressors,pumps and generators, including spraying,welding,building cleaning,geophysical exploration,lighting and well servicing equipment. However,"mobile equipment"does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged.Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 16."Occurrence"means an accident,including continuous or repeated exposure to substantially the same general harmful conditions. 17."Personal and advertising injury"means injury,including consequential "bodily injury", arising out of one or more of the following offenses: a.False arrest,detention or imprisonment; b.Malicious prosecution; c.The wrongful eviction from,wrongful entry into,or invasion of the right of private occupancy of a room,dwelling or premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor; d.Oral,written or electronic publication,in any manner,of material that slanders or libels a person or organization or disparages a person's or organization's goods,products or services; e.Oral,written or electronic publication,in any manner,of material that violates a person's right of privacy; f.Copying,in your "advertisement",a person's or organization's "advertising idea"or style of "advertisement";or g.Infringement of copyright,slogan,or title of any literary or artistic work,in your "advertisement". 18."Pollutants"mean any solid,liquid,gaseous or thermal irritant or contaminant,including smoke, vapor,soot,fumes,acids,alkalis,chemicals and waste.Waste includes materials to be recycled, reconditioned or reclaimed. 19."Products-completed operations hazard": a.Includes all "bodily injury"and "property damage"occurring away from premises you own or rent and arising out of "your product" or "your work"except: (1)Products that are still in your physical possession;or (2)Work that has not yet been completed or abandoned.However,"your work"will be deemed completed at the earliest of the following times: (a)When all of the work called for in your contract has been completed. (b)When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c)When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance,correction,repair or replacement,but which is otherwise complete,will be treated as completed. b.Does not include "bodily injury"or "property damage"arising out of: (1)The transportation of property,unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you,and that condition was created by the "loading or unloading"of that vehicle by any insured; (2)The existence of tools,uninstalled equipment or abandoned or unused materials;or (3)Products or operations for which the classification,listed in the Declarations or in a policy Schedule,states that products- completed operations are subject to the General Aggregate Limit. 20."Property damage"means: a.Physical injury to tangible property,including all resulting loss of use of that property.All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b.Loss of use of tangible property that is not physically injured.All such loss of use shall be deemed to occur at the time of the "occurrence"that caused it. As used in this definition,computerized or electronically stored data,programs or software are not tangible property.Electronic data means information,facts or programs: a.Stored as or on; b.Created or used on;or c.Transmitted to or from; computer software,including systems and applications software,hard or floppy disks,CD- HG 00 01 09 16 Page 21 of 21 ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 21."Suit"means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a.An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b.Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22."Temporary worker"means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23."Volunteer worker"means a person who a.Is not your "employee"; b.Donates his or her work; c.Acts at the direction of and within the scope of duties determined by you; and d.Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24."Your product": a.Means: (1)Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a)You; (b)Others trading under your name; or (c)A person or organization whose business or assets you have acquired; and (2)Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes (1)Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2)The providing of or failure to provide warnings or instructions. c.Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work": a.Means: (1)Work or operations performed by you or on your behalf; and (2)Materials, parts or equipment furnished in connection with such work or operations. b.Includes (1)Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work", and (2)The providing of or failure to provide warnings or instructions. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative (1) Printed in U.S.A.Form WC 04 03 06 Policy Expiration Date: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Endorsement Number:Policy Number: Effective Date: Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us 57WEOL6H6H 03/31/2024 Charles Abbott Associates,Inc. 27201 Puerta Real,Ste 200 Mission Viejo,CA 92691 03/31/2025